HomeMy WebLinkAbout02-28-22 City Council MeetingAGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO February 28, 2022
7:00 p.m. This meeting will be conducted as a VIRTUAL MEETING ONLY . No members of the Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on February 28, 2022).
2. Virtually attend and participate in the meeting through a device or phone:
• Click here to join or provide public comment.
• Or call +1-669-900-6833 with Access Code: 896 9397 3330 Passcode: 720646
3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored
by the City of Wheat Ridge. Those requiring assistance, ASL or translation service for
languages other than English are asked to contact the Public Information Officer at 303-
235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible. CALL TO ORDER
PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS
APPROVAL OF MINUTES
• February 14, 2022 City Council Meeting
• February 14, 2022 Special Study Session Notes
APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES
International Women’s Day (March 8, 2022) and Women’s History Month (March 2022)
PUBLICS’ RIGHT TO SPEAK
a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor.
CITY COUNCIL AGENDA: February 28, 2022 Page -2-
b. Members of the Public who wish to speak on a Public Hearing item or Decision,
Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the
day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA
a. Motion to cancel the March 14, 2022 Regular Meeting of the Wheat Ridge City
Council
b. Resolution No. 08-2022 - A resolution approving Amendment No. 2 to the contract with the Colorado Department of Transportation (CDOT) for the Improve Wadsworth Project
c. Motion to amend the contract for Right-of-Way Acquisition Services for the Improve Wadsworth Project with HDR Engineering, Inc., Denver, CO, for additional fees in the amount of $151,810.54 for a total cost of $1,804,912.82
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Resolution No. 06-2022 – A resolution approving the First Amendment to an Enhanced Sales Tax incentive Program agreement with Applejack Wine and Spirits, LLC
ORDINANCES ON FIRST READING
DECISIONS, RESOLUTIONS, AND MOTIONS
3. Motion to amend the contract for Engineering Consulting Services for Phase II of the Improve Wadsworth Project with HDR Engineering, Inc., Denver, CO, for
additional design fees in the amount of $169,463.51 for a total contract amount of $2,974,096.83 4. Resolution No. 10-2022 - A resolution approving a Memorandum of Understanding (MOU) with the Wheat Ridge Water District (WRWD) regarding
the dedication of right-of-way for District facilities 5. Resolution No. 11-2022 - A resolution authorizing the Mayor to execute an agreement with Jefferson County Open Space to accept a trails grant in the amount of $196,668 for Clear Creek Trail improvements
6. Motion to approve appointments to Boards and Commissions
CITY COUNCIL AGENDA: February 28, 2022 Page -3-
CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS
ADJOURNMENT
Adjourn to Special Study Session
PROCLAMATION
INTERNATIONAL WOMEN’S DAY MARCH 8
AND WOMEN’S HISTORY MONTH MARCH 2022
WHEREAS, March 8 is recognized as International Women’s Day, celebrating
women's achievements and increasing visibility, while calling out inequality; and
WHEREAS, International Women’s Day celebrates the social, economic, cultural,
and political achievements of women across the globe and marks a call to action for
accelerating women's equality; and
WHEREAS, since 1995 every U.S. President has marked March as Women's
History Month; and
WHEREAS, in 1920 several generations of woman suffrage supporters
lectured, wrote, marched, and lobbied to achieve ratification of the 19th Amendment
to the Constitution giving women the right to vote; and
WHEREAS, while the right to vote is a common topic of study in classrooms, there
are many more issues, perspectives, and accomplishments that require investigation across
history, literature, and the arts to more fully appreciate and understand the history of women
in the U.S.; and
WHEREAS, the City of Wheat Ridge recognizes the importance of the
contributions made by women and is committed to increasing visibility of women and
their accomplishments and creating equal opportunities while identifying and
eliminating inequality whenever encountered in our community.
NOW THEREFORE BE IT RESOLVED that the Wheat Ridge Mayor and
City Council formally designate March 8, 2022, as
International Women’s Day
and March as Women’s History Month
IN WITNESS WHEREOF, on this 28th day of February 2022.
Bud Starker, Mayor
Steve Kirkpatrick, City Clerk
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
February 14, 2022
Note: This meeting was held virtually, using Zoom video-teleconferencing technology.
As duly announced and publicly noticed, Council previously approved this format in order
to continue with normal business. Before calling the meeting to order, Mayor Starker
stated the rules and procedures necessitated by this meeting format.
Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Judy Hutchinson Scott Ohm Rachel Hultin Janeece Hoppe
Amanda Weaver Korey Stites Leah Dozeman Val Nosler Beck
Also, present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison
Scheck; Police Chief, Chris Murtha; Special Assistant to the City Manager, Marianne
Schilling; Senior Planner Stephanie Stephens; Steve Nguyen, Engineer, Planning
Manager, Lauren Mikulak other staff, Jake Hill, application for zone change, item 2,
guests and interested citizens.
Upon calling the meeting to order the Mayor expressed condolences to the family of
Stephen and Monica Duran on the passing of Mr. Stephen Duran. Rep. Monica Duran
represents Wheat Ridge in the Colorado House and is a former member of our City
Council.
APPROVAL OF MINUTES
Without objection or correction, the City Council Minutes of December 13, 2021,
January 10, 2022, January 24, 2022, along with Study Session Notes of September 20,
2021, and Special Study Session notes of January 24, 2022, were approved as
published.
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
PROCLAMATIONS AND CEREMONIES
This item began at 7:03 PM.
City Council Minutes February 14, 2022 page 2
Black History Month
Mayor Starker read the proclamation declaring February as Black History Month in
Wheat Ridge. He noted the names of those who initiated the effort to designate every
February as Black History Month, and the contributions African Americans have made
to our country.
Terry Gale of the Wheat Ridge Race and Equity Task Force thanked the Mayor and
Council for the proclamation and commented on the importance of Black History Month.
Mr. Gale thanked the Mayor and Council for recognizing Black History Month, quoting
Maya Angelou, “People will forget who you are, people will forget what your said but
they will always remember how you made them feel.”
PUBLIC’S RIGHT TO SPEAK
Public may speak on any matter not on the Agenda for a maximum of 3 minutes under
Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor.
Members of the Public who wish to speak on a Public Hearing item or Decision,
Resolution, or Motion may speak when directed by the Mayor at the conclusion of the
staff report for that specific agenda item.
Jerry DiTullio, 38th and Newland St. – The WR Rotary Foundation awards college
scholarships to local high school graduates. An endowment is being formed to
permanently fund these scholarships. The foundation needs additional donations
to fulfill its mission. Please, consider using your Council discretionary funds or
personal resources to help fund the foundation’s endowment.
Sean Field, 5340 Oak Ct., Arvada. Called regarding the Foothills Housing
Authority grant, and the 15-20 people who have called to oppose the proposed
housing development near his home. We will continue to monitor this and are
opposed to the planned development.
Odarka Figlus, 10580 W. 34th. Avenue called to ask that City Council meetings
return to local access channel 8. She also asks that the phone number for
listening to Council meetings by telephone.
Note about Wheat Ridge Speaks:
Members of the Public may visit the Wheat Ridge Speaks website and enter
written comments of up to 1,000 words on any Council agenda item. The deadline
for citizens to submit comments is 12:00 Noon Mountain Time on the day of a
Council session so that Council members, other elected officials and City Staff have
time to review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into
these minutes, placing each comment along with the record for that agenda item,
City Council Minutes February 14, 2022 page 3
including items that address a public hearing (verbatim, if the comments do not
contain lascivious language or unlawful hate speech).
The following comments appeared in Wheat Ridge Speaks for this meeting.
When will the city address the neighborhood traffic problems? I know a study session
has been requested by city council and council members have expressed concerns
numerous times, but I would like to see some movement by city staff on addressing this
issue. I live at 41st and Dover and the amount of cut through traffic just keeps growing.
Speeding and not stopping at the 4-way stop is a problem, but the sheer volume of
traffic is my main concern. The majority of traffic on Dover is not neighborhood traffic.
Dover (and most other streets in my neighborhood) are narrow with no curbs or
sidewalks. People have to walk in the streets. High volume traffic and pedestrians in the
street are safety issue. How can cut-through traffic and the volume of traffic be reduced
on these neighborhood streets? The NTMP is not the answer. Traffic management has
evolved and I'm sure there are better options than NTMP. I'd like to see neighborhood
speed limit be reduced to 20mph like they've done in Denver. If the city wants to truly
protect its neighborhoods, then working on the current traffic problem will help. People
are angry about the traffic (and parking in neighborhoods from high density
developments) and when the city doesn't appear to be listening or doing anything about
it, that anger spills over into other areas. City staff seems very reluctant to address this
traffic problem. I have heard the city manager, the city traffic engineer, and a
commander in the police department all say that the speeders live in the neighborhood.
This is not helpful. So it's okay to break the law and endanger others if you live in the
neighborhood? Am I supposed to go pound on their door and tell them to stop
speeding? I guarantee that if they got several $125 tickets, their speeding would stop.
City staff has also said that the traffic has always been this bad, but we just notice it
because we are all at home because of COVID. Again, this is not helpful (like it's my
fault that I'm at home more) and is just an excuse to do nothing. Along with traffic in my
neighborhood, speeding is rampant on 44th and 38th. Those flashing speed signs help
some, but again enforcement and tickets would do a lot more. The city manager has
also said that traffic is a problem everywhere in the Denver area. Again, this is not
helpful and just sounds like an excuse. I don't live in Denver, and I am concerned with
What Ridge where I live and what can be done here in our neighborhoods. I would like
the city and police department to be more proactive. This problem is not going to go
away by ignoring it and it impacts our quality of life in Wheat Ridge. The city is trying to
be proactive on other issues (street racing, nuisance houses, homelessness,
Wadsworth, etc.) so they need to do the same on traffic in our neighborhoods. I know
the city staff have a lot on their plate and city staff appears to have no idea about how to
deal with the neighborhood traffic issues (thus the pushback). Perhaps hiring a
consultant for a traffic study would be a start to at least quantify and qualify the problem
instead of opinions (e.g., most speeders live in the neighborhood). The city hires
consultants for many other issues. In conclusion, I request that the city engage and get
moving on my neighborhood traffic problems. Thank you.
City Council Minutes February 14, 2022 page 4
February 14, 2022, 12:12 PM
(This commenter chose not to leave a name or address.)
Candace Tomlinson
I protest the re-zoning of the property at 9605 W 38th Ave.
February 14, 2022, 11:38 AM
Allen Wulf
9745 W. 35th Ave.
Wheat Ridge, 80033
Totally against the rezoning of this property. Mr. Hill can follow guidelines for R-1 zoning
to build two homes. Allowing him to build within 5 feet of property lines would destroy
the openness of our neighborhood and open the doors for other developers to do the
same.
Heidi Olson
February 14, 2022, 11:18 AM
Heidi Olson
3835 N Hoyt Street
Wheatridge, 80033
We are dismayed that, once again, the Wheat Ridge City Council, is attempting to
reengineer our city into a high-density housing project. The proposed development on
the property at 9605 W 38th Ave is the current challenge. In our neighborhood, we
already have an example of 2 houses on one lot, which is south of 38th Ave. and on the
west side of Independence. That practice could easily become a trend. People in Wheat
Ridge value having one house per lot with an adequate yard that affords privacy and
enjoyment.
Allen & Patty Wulf
February 14, 2022, 11:00 AM
Allen & Patricia Wulf
9745 W. 35th Ave.
Wheat Ridge, 80033-5703
I am a 30+ year resident of Wheat Ridge and was drawn to this area because of the
rural feel and family friendly neighborhoods. I strongly oppose allowing higher density
construction and Mr. Hill can build within R1 zoning and keep a proper setback and
spacing between houses at 9605 W 38th Ave. This also keeps property values stable.
Please keep higher density construction to more commercial zoned areas and don't
destroy the quality of life we have in Wheat Ridge. We do not want houses stuffed in
City Council Minutes February 14, 2022 page 5
like sardines and only 5 ft to property line is ridiculously tight. This is a top issue of
concern to WR residents.
February 14, 2022, 9:33 AM
Shirley Nelson
12080 W 32nd Dr
Wheat Ridge, 80033
I am Carol Mathews. My address is 3851 Hoyt Street, Wheat Ridge. This property is in
my immediate neighborhood. I object to the proposal to rezone this property at 9605 W.
38th Av. on the grounds that it is not acceptable to have a Zoning Change to this
property that will allow the developer to build 45% of the property and reduce the
setback requirements to 5ft of the property lines. We agree to a division of this property
into two building lots with a variance for Jack Hill to build two houses on each lot within
the standards of the R-1 zoning. If he is truly going to build a 3,000 sq ft house on each
lot, which he has stated, he can easily build a structure within the 25% limit with off
street parking and the setbacks proscribed within the R-1 Zoning of our neighborhood.
This proposal will accommodate Jack Hill's request to subdivide this property while
maintaining the zoning integrity of our neighborhood. R-1B is not an acceptable option
for our neighborhood as was established at the planning commission meeting in
December 2021 by testimony of the adjoining property owners and me. Please give this
alternate proposal your careful consideration so that Jack Hill can proceed with his
building plans with expediency and there is no further action necessary on the part of
our community. Thank You, Carol Mathews
February 13, 2022, 8:17 PM
Carol Anne Mathews
3851 Hoyt Street
Wheat Ridge, 800332
1. CONSENT AGENDA
Discussion began at approximately 7:16 p.m.
CM Dozeman introduced the consent agenda.
a. A resolution amending the Fiscal Year 2022 budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encumbrance
of 2021 fiscal year encumbered funds in the amount of $4,475,027.97
Issue
There are 44 open purchase orders from the 2021 budget that will be carried over to the
2022 budget. Each purchase order is associated with a specific project that was not
fully completed in the 2021 fiscal year. The funds which were encumbered for these
purchase orders were transferred to the unreserved fund balance of the relevant fund
when the purchase orders were closed. To continue or close out these projects in
City Council Minutes February 14, 2022 page 6
2022, a supplemental budget appropriation in the amount of $4,475,027.97 is necessary
to allow transfer of these funds into specific budget line items in the 2022 Budget.
b. Motion to approve installation of a traffic calming device on 46th avenue between
Lamar Street and Jay Street in accordance with the neighborhood traffic
management program.
Issue
Residents on 46th Avenue petitioned the City to address traffic issues for the street
segment from Lamar Street to Jay Street. In accordance with the City’s Neighborhood
Traffic Management Program (NTMP), the City met with the residents at a
neighborhood meeting and subsequently discussed and devised a plan to mitigate
traffic issues. The residents then secured a petition with the necessary number of
property owner signatures, supporting the installation of a speed hump in accordance
with the NTMP policy and are hereby seeking approval for implementation.
Motion by CM Dozeman to approve Consent Agenda Items a.), and b.), Seconded by
CM Stites, motion carried 8-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Discussion began at approximately 7:31 PM
2. Council Bill No. 01-2022 - An Ordinance approving the rezoning of property
located at 9605 W. 38th Avenue from Residential-One (R-1) to Residential-One B
(R-1B) (Case No. WZ-21-12).
CM Weaver introduced Council Bill 01-2022
Issue
The applicant is requesting approval of a zone change from Residential-One (R-1) to
Residential-One B (R-1B) for property located at 9605 W. 38th Avenue. The zone
change retains the single-family character of the neighborhood and could allow the
oversized subject property to accommodate two single-family homes in the future.
Mayor Starker opened the public hearing.
The Mayor reviewed the procedures.
There were none who wanted to speak through the Zoom format.
City Clerk Steve Kirkpatrick assigned Ordinance No. 1731
Staff Presentation
Stephanie Stevens, Senior Planner spoke to the council on the issue, where the
property is located at the northeast corner of W. 38th Avenue and Independence Court
and is an oversized corner lot. An Improvement Survey Plat submitted by the applicant
City Council Minutes February 14, 2022 page 7
shows the property is almost twice the minimum size for R-1, measuring 21,065 square
feet (0.48 acres) in size.
The site is currently vacant land; the site previously contained a single-family house that
was demolished in 2020. According to the Jefferson County Assessor, the home had
originally been constructed in 1898, was 1,020 square feet in size, and was listed in fair
condition. The site has roughly 15 feet of fall from the south end of the property to the
north end.
The applicant is requesting the property be rezoned from Residential-One (R-1) to
Residential-One B (R-1B). Both zone districts are intended to provide high quality, safe,
quiet and stable low-density residential neighborhoods. Both zone districts allow only
single-family home development—duplexes and multifamily are not permitted.
The applicant is requesting the zone change to R-1B so they can subdivide the
oversized parcel and build two single-family homes. Surrounding zoning is
predominantly R-1 and R-2 with a pocket of R-2A to the southwest, and surrounding
land uses are mostly single-family homes and duplexes. While R-1B is not located in
the area, the single-family zone district is consistent with the surrounding area and
would not result in significant change to the area. The applicant desires to rezone in
order to provide the opportunity to build two homes that are proportional to the lots and
more affordable.
Public Comment
Carol Matthews, 3851 Hoyt St., called about this item to object to the proposed zoning
change. The change would give Mr. Hill rights to expand to larger properties and lots.
Please, advise Mr. Hill that we are prepared to circulate a petition to undo this zoning
change. She delivered a clear warning, bordering on a threat to prevent Mr. Hill’s
planned development of two houses. “I have no problem with two houses,” on this site
under the current R-1 zoning. The neighbors would welcome two houses if this is zone
R1 (current) but not with the zoning change.
Council Questions and comments
Councilmembers asked several detailed questions about options for zoning this
property to achieve Mr. Hill’s plans. Staff answered them.
CM Hutchinson asked detailed questions about setbacks and the distance between
houses.
CM Dozeman asked for clarifications on why two homes are desirable vs. one. She
asked Mr. Hill to respond. Mr. Hill stated his reasons, including the sizes of the two lots.
CM Dozeman also asked about the adjacent property zoning status. She expressed
her belief that it fits within the neighborhood, where we want families to move into the
area near the elementary school located there.
CM Weaver asked whether the home would face Independence or 38th Avenue.
City Council Minutes February 14, 2022 page 8
CM Hultin asked if rezoning to R-2 would allow the applicant to achieve their purpose.
Staff answered with specific information. CM Hultin asked if rezoning to R-2 would
actually result in more density than the proposed zoning change and staff answered that
yes, it would.
CM Nosler Beck asked about the lot sizes resulting from an R-2 lot. Staff gave a
detailed answer about the case and Zoning Code.
CM Ohm asked questions about lot sizes on the east side of Independence; staff
answered.
Mayor Starker closed the public hearing.
Motion by CM Weaver to approve Council Bill No. 01-2022 - an ordinance approving
the rezoning of property located at 9605 W. 38th Avenue from Residential-One (R-1) to
Residential-One B (R-1B) on second reading, and that it takes effect 15 days after final
publication, for the following reasons:
1. The Planning Commission has recommended approval of the rezoning after
conducting a proper public hearing.
2. The proposed rezoning has been reviewed by the Community Development
Department, which has forwarded its recommendation of approval.
3. The proposed rezoning has been found to comply with the criteria for review in
Section 26-112 of the Code of Laws.
Motion seconded by CM Hoppe; discussion of the motion ensued.
CM Dozeman commented that this change should be approved as fitting into the area
and neighborhood.
CM Stites also expressed his support. He understands people not wanting to have
high-density housing, but this is a zoning that was passed along upon creation of the
City 52 years ago. He will definitely support this motion.
CM Hoppe reiterated the preceding supportive comments. She also cited examples of
how this project fits well into the neighborhood, and why this is the correct way to
handle this project.
CM Ohm stated that he will support the motion.
CM Hultin also stated she will support the motion, for some of the same reasons as her
peers.
CM Hutchinson asked if other houses in the area are up to the limit of 35 feet high.
CM Nosler Beck stated she will also support this motion.
City Council Minutes February 14, 2022 page 9
After due deliberation and discussion, the motion carried 7-1 with CM Hutchinson
voting nay.
ORDINANCES ON FIRST READING
There were no readings tonight
DECISIONS, RESOLUTIONS AND MOTIONS
Discussion began at approximately 7:56 p.m.
3. Motion to accept grants from the State of Colorado Highway Safety Office in the
amount of $44,359 to provide education, outreach and enforcement for traffic
and pedestrian safety Discussion began at 8:10 pm.
CM Hutchinson introduced the Motion.
Issue
The Colorado Highway Safety Office (HSO) has awarded two grants to the Wheat
Ridge Police Department (WRPD) for law enforcement purposes. The first grant is in
the amount of $19,359 and is for the purposes of traffic safety. The second grant is in
the amount of $25,000 and is for the purposes of pedestrian safety. The HSO requires
City Council to officially accept these grants.
Staff Presentation
Chief Murtha spoke on the rise in pedestrian and traffic fatalities recently, including on
how auto vs. pedestrian crashes accounted for 57% of the fatal crashes in Wheat Ridge
in 2020.
For the Pedestrian Safety Grant, the WRPD will focus on reducing pedestrian-related
traffic injuries and fatalities through a combination of education, outreach, and
enforcement. Enforcement will be conducted primarily on bicycles.
Public Comment
No one came forward to speak.
Council Questions
CM Hultin asked whether the 8 deaths reported as a result of collisions on our streets
were all cyclists, pedestrians or a mix. The Chief answered that it was a mix. She
asked about the PD plans to enforce this on bicyclist officers. She wondered if
enforcement would focus only on cyclists. Chief Murtha replied that enforcement will
not favor either; officers on cycles will ride only to allow more and faster mobility.
CM Hultin really hopes that we are mindful that both pedestrians and cyclists are at risk;
please be more cognizant of the risks involved whether traveling as motorists,
City Council Minutes February 14, 2022 page 10
pedestrians and cyclists. She also thinks that the language should mention drivers or
motorists, not vehicles because the drivers/motorists are the people involved.
Motion by CM Hutchinson to accept grants from the State of Colorado Highway Safety
Office in the amount of $44,359 to provide education, outreach, and enforcement for
traffic and pedestrian safety, seconded by CM Stites, motion carried 8-0.
4. Motion to amend and extend the contract for professional services to AECOM
Technical Services, Inc., Greenwood Village, CO, for Fiscal Year 2022, in an
amount not to exceed $1,778,778 and approve payments for ongoing program
management services for the Investing 4 the Future Program
CM Ohm introduced the Motion.
Issue
On January 27, 2017, the firm AECOM Technical Services, Inc. (AECOM) was selected
by the City’s established procurement process to provide multi-year professional
engineering and land use planning services for the 2E Bond Fund, “Investing 4 the
Future”, projects and to serve as an extension of staff as needed for review and
assistance in the delivery of private related development, in the Clear Creek Crossing
and Wheat Ridge · Ward Station areas and more particularly now for the Wadsworth
Blvd Improvement project. The scope and related fees for AECOM services in 2022
have been negotiated and City Council action is requested for the approval of the
AECOM contract amendment and extension.
Staff Presentation
Russ Higgins described the prior actions where the initial AECOM contract was
approved by Council on November 27, 2017, for the period of December 1, 2017 –
December 31, 2018. On January 28, 2019, an amendment to AECOM’s contract was
approved by City Council, for professional services for the period of January 1, 2019, to
December 31, 2019. On February 24, 2020, Council awarded contract extension to
AECOM for the period of January 1, 2020, to December 31, 2020, to continue ongoing
program management services for the Investing 4 the Future program.
He also spoke of how the City of Wheat Ridge required professional services assistance
for moving forward with the following Investing 4 the Future projects: Construction of
relocated west bound on/off ramps on Interstate 70 for the Clear Creek Crossing mixed
use development, widening of Wadsworth Boulevard to 6-lanes and transforming it into
an attractive multi-modal corridor, and improvements to public infrastructure and
amenities in support of economic development at the Wheat Ridge · Ward Station area.
He went on to give descriptions and the expected services needed for the following
projects:
• Clear Creek Crossing
• Wadsworth Boulevard Widening
City Council Minutes February 14, 2022 page 11
• Wheat Ridge · Ward Station Area
Public Comment
No one came forward to speak.
Council Questions
Council had no questions or concerns, as they were familiar with this project.
Motion by CM Ohm to amend and extend the contract for professional services to
AECOM Technical Services, Inc., Greenwood Village, CO, for fiscal year 2022, in an
amount not to exceed $1,778,778 and approve payments for ongoing program
management services for the Investing 4 the Future program, seconded by CM Hoppe,
motion carried 8-0.
CITY MANAGER’S MATTERS
Mr. Goff reminded us that Presidents’ Day is next Monday, so no Council session.
On February 28th we will have an update on the homelessness population and effort to
help them in a Special Study Session following the regular Council meeting.
CITY ATTORNEY’S MATTERS
Nothing tonight.
ELECTED OFFICIALS’ MATTERS
CM Stites announced that he and CM Weaver hold a district meeting at 9 am Saturday,
Feb 19 in the Carnation room at the Rec Center.
CM Nosler Beck announced she and CM Dozeman will hold a community dialogue in a
virtual session with District IV residents 4:30 to 6:30 Wednesday, February 16.
CM Hultin there will be a planning meeting in the district IV setting on Wednesday
February 22 on subzone planning. She read an email from the Boy Scouts about mask
usage, in which the Scouts are asked to be polite and courteous to others regardless of
their mask decisions. We all could follow that advice.
CM Ohm announced that there is a Code Red alert system, which alerts residents when
there is an impending emergency. Residents can sign up to receive emergency
notification via reverse 911 in the event we have a conflagration approaching one or
several of our neighborhoods.
CM Weaver asked about roadwork on 38th Avenue between Kipling and Youngfield.
Staff provided a detailed reply about projects to lay fiber optics cable and drainage.
CM Dozeman expressed her support for the scholarship drive initiated in the name of
Walt Petit, a lifelong resident of Wheat Ridge, by the Rotary Club for the endowment for
college scholarships. Please, contribute.
City Council Minutes February 14, 2022 page 12
CM Hutchinson announced the beginning of Girl Scout Cookies sales.
Mayor Starker thanked those who joined Coffee with the Mayor last Saturday and the
next one will be March 12th.
ADJOURNMENT TO SPECIAL STUDY SESSION
The meeting adjourned at 8:19 pm.
_______________________
Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON February 28, 2022
__________________________
Rachel Hultin, Mayor Pro Tem
The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e., they
contain a record of what was done at the meeting, not what was said by the members.
Recordings and DVD’s of the meetings are available for listening or viewing by contacting the
City Clerk’s Office, as well as copies of Ordinances and Resolutions.
SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue
February14, 2022
Upon adjournment of the Regular City Council Meeting, the Mayor called this Special
Study Session to order after a brief recess at 8:23 p.m.
This meeting was conducted as a VIRTUAL MEETING.
No members of the Council were physically present at the Municipal building for this
meeting; the public did not attend in person.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
The Mayor also explained the virtual meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Council members present: Amanda Weaver, Judy Hutchinson, Scott Ohm, Janeece
Hoppe, Rachel Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman.
Also present: City Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick; City Treasurer
Chris Miller, City Manager Patrick Goff; Director of Administration, Allison Scheck; City
Attorney, Jerry Dahl guests and interested citizens.
Public Comment on Agenda Items –
No one came forward to comment.
Note about Wheat Ridge Speaks:
The public may visit the Wheat Ridge Speaks website and enter written comments of up
to 1,000 words on any Council agenda item. The deadline for citizens to submit
comments is 12:00 Noon Mountain Time on the day of a Council session so that
Council members, other elected officials and City Staff have time to review the
comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these
minutes, placing each comment along with the record for that agenda item, including
items that include a public hearing (verbatim, if the comments do not contain lascivious
language or unlawful hate speech).
There were no public comments entered into Wheat Ridge Speaks related to this
session.
1. Satisfying public notice and publication requirements
Issue
State statutes require that each municipality annually establish the location for posting
public notices, as well as the newspaper in which the notices will be published. Local
government entities are also allowed to publish notices on-line for public meetings.
These include meetings at which the adoption of any proposed policy, position,
resolution, rule, regulation, or formal action occurs or at which a majority or quorum of
body is in attendance.
Staff Report
Mr. Dahl stated that the City currently publishes notices of public meetings and hearings
on the City's website and in the Jeffco Transcript. You have asked me to research the
possibility of publishing such notices in the Wheat Ridge Gazette, where newspaper
publication is permitted or required. Our office has reviewed this and concludes that,
because the Gazette is only published monthly, it does not qualify as a legal publication
for notices under the Colorado statute and the City's Charter and Code. Publication in
the Gazette is permitted as a supplement to other required means, but not in
satisfaction of “publication in a newspaper of general circulation” requirements.
Councilmembers had questions and comments:
Councilmembers discussed a variety of options and places where official notices might
be placed or published.
Councilmembers expressed support for notices in as many places and often as
necessary to ensure resident access to notices.
CM Hoppe and Hultin endorsed publishing an ad in each month’s Gazette outlining
where the official notices are posted/published so residents can find them. They also
favor making the City’s website an additional official public notice publication.
CM Nosler Beck asked how we will use What’s Up Wheat Ridge to support public
information efforts. This is a great opportunity to improve our civic engagement through
the Gazette, even if the ad in the Gazette is primarily to direct interested residents to the
official notices.
Councilmembers opined that the more information we provide to the residents, and the
more places we place/publish it, the better. A discussion of meeting the Council’s
strategic goals of community engagement ensued, and ideas to fulfill that goal followed.
CM asked whether we could track the numbers of visits to various online resources.
CM Hultin asked about the size of the monthly ad we intend to publish in the Gazette.
She then suggested that quarterly we publish a much larger ad, in both English and
Spanish. Staff agreed to find the rates for these Gazette ad options.
CM Hultin asked for a consensus to direct staff to bring to a future Council Meeting an
action item to fulfill our legal obligations for giving public notice consistent with the
outcomes discussed by Council this evening.
Consensus achieved.
Staff Report(s)
Elected Officials’ Report(s)
Nothing further, as this session immediately followed a Regular Council Meeting.
ADJOURNMENT
The Special Study Session adjourned at 8:47 pm.
APPROVED BY CITY COUNCIL ON February 28, 2022.
_________________________________
Steve Kirkpatrick, City Clerk
_________________________________
Rachel Hultin, Mayor Pro Tem
ITEM NO: 1a
DATE: February 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO CANCEL THE MARCH 14, 2022, REGULAR MEETING OF THE WHEAT RIDGE CITY COUNCIL
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
______________________________ City Manager ISSUE: The Regular Meeting of March 14, 2022 currently does not have any scheduled agenda items. Two councilmembers, the City Manager and the Administrative Services Director will be attending the National League of Cities Congressional Conference in Washington, D.C. from March 14 to March
16. It is recommended that City Council cancel this meeting. FINANCIAL IMPACT: None
RECOMMENDATIONS: Staff recommends canceling the Regular Meeting scheduled for March 14, 2022. RECOMMENDED MOTION:
“I move to cancel the March 14, 2022, Regular Meeting of the Wheat Ridge City Council.”
Or, “I move to not cancel the March 14, 2022, Regular Meeting of the Wheat Ridge City Council for
the following reason(s)__________________________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager
ITEM NO: 1b
DATE: February 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 08-2022 - A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE IMPROVE WADSWORTH PROJECT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Director of Community Development City Manager ISSUE: In 2015, the City was awarded funding through the Denver Regional Council of Governments
(DRCOG) Transportation Improvement Program (TIP) to improve Wadsworth Boulevard from 35th Avenue to 48th Avenue. An agreement with CDOT to administer that funding was approved in 2015. An amendment to the original 2015 agreement was approved in 2020 to add funds from four additional funding sources to the project budget and to extend the term of the contract with CDOT to October 25, 2020.
In 2021, funds from four additional funding sources were obtained, so a second amendment is necessary to add those funds to the project budget.
PRIOR ACTION: On October 12, 2015, Council approved an agreement with CDOT to administer the original TIP grant.
On October 12, 2020, Council approved amendment #1 to the agreement with CDOT to add funds from four additional funding sources to the project budget and to extend the term of the contract with CDOT to October 25, 2020.
Council Action Form – CDOT Wadsworth Amendment #2 February 28, 2022
Page 2
FINANCIAL IMPACT: The total available funding outlined in amendment #2 to the CDOT contract is $53.3 million
which includes $1.4 million for environmental costs, $5.7 million for design and ROW
consultant costs, $15 million for ROW acquisition, and $31.2 million for construction.
Exhibit C-6 on page 34 of the amendment (Attachment 2) shows the seven different funding sources that were obtained for the project through nine different applications and awards, four of which were obtained in 2021 totaling over $8 million in non-City funds.
BACKGROUND:
In early 2021, updated opinions of probable cost from HDR raised the estimated construction costs for Phase 1 by $5.4 million to $28.6 million. Due to the ideal location of having the southern limit of Phase 1 be just south of 41st Avenue, staff began pursuing additional funding sources to close the $5.4 million gap instead of further reducing the scope of Phase 1. About this
same time, Jefferson County Open Space awarded a grant for $466,141 to connect the multi-use
path on the east side of Wadsworth down to the Clear Creek Trail.
In early 2021, CDOT realized that the traffic signal upgrades at 38th Avenue were not included in Phase 1 and so expressed interest in funding bid options 1 and 4 in the construction contract, which includes upgrading the traffic signal at 38th Avenue. Also included in those options is
extending the third lane on each side of the street south from 41st Avenue through the 38th
Avenue intersection. The sidewalk and streetscape on the west side were also included in bid option 1. Another safety grant for $2.1 million was awarded in March 2021 to cover the cost of those two bid options.
In June 2021, DRCOG awarded $3.4 million in federal COVID related funding through the
Jefferson County Subregional Forum. Permission was also granted to transfer the $1.6 million in
federal funding from the Ward/BNSF Grade Separation project that was awarded to the City as a part of the 2018 DRCOG TIP.
On August 13, 2021, the City was notified that a CDOT MainStreets grant had been awarded for bid options 2 and 3, constructing sidewalks and streetscape between 41st and 38th Avenues and
between 38th and 35th Avenues.
By aggressively pursuing all possible funding sources, staff was able to obtain an additional $8.4 million in funding to not only close the gap in Phase 1 funding, but also allow all four bid options to be included in the Phase 1 contract. CDOT also changed some of the sources for the previous allocated funds, so the federal share increased and the CDOT share decreased. The
funding sources included in the amendment are summarized below:
• Federal - $39.56 million
• CDOT - $5.8 million
• City - $7.96 million
• Total - $53.32 million
Council Action Form – CDOT Wadsworth Amendment #2 February 28, 2022
Page 3
This amendment is needed to add the four funds that were obtained in 2021 to the project budget. After this amendment is fully executed, an option letter will be completed by CDOT to encumber
the funds for the project, which will then make the funds eligible for reimbursement requests.
RECOMMENDATIONS: Staff recommends approving Amendment #2 to add the additional funding that was secured in 2021.
RECOMMENDED MOTION:
“I move to approve Resolution No. 08-2022, a resolution approving Amendment No. 2 to the
contract with the Colorado Department of Transportation (CDOT) for the Improve Wadsworth Project.” Or,
“I move to postpone indefinitely Resolution No. 08-2022, a resolution approving Amendment No. 2 to the contract with the Colorado Department of Transportation (CDOT) for the Improve Wadsworth Project for the following reason(s)______________________________________.”
REPORT PREPARED/REVIEWED BY:
Mark Westberg, Project Supervisor Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution 08-2022 2. Amendment #2 - Project No. NHPP 1211-086, SA 21006
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 08 Series of 2022
TITLE: A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE CONTRACT WITH THE COLORADO DEPARTMENT OF
TRANSPORTATION FOR THE IMPROVE WADSWORTH PROJECT WHEREAS, the City Council wishes to provide for the improvement of Wadsworth Boulevard from 35th Avenue to Interstate 70; and
WHEREAS, the City was awarded a federal transportation grant in 2015 by the
Denver Regional Council of Governments (DRCOG) to improve Wadsworth Boulevard between 35th and 48th Avenues; and
WHEREAS, the City approved an Agreement on October 12, 2015 with the Colorado Department of Transportation (CDOT), DRCOG’s funding steward, for the
original funding of the Project; and
WHEREAS, the City was allocated additional State Safety funds by CDOT to replace the traffic signal at 38th Avenue and to improve the streetscape on the west side of Wadsworth Boulevard between 38th Avenue and 41st Avenue; and
WHEREAS, the City was awarded a third federal transportation grant using
COVID funds by DRCOG for the Project; and
WHEREAS, DRCOG approved the transfer of funding awarded for an environmental assessment for a grade separation project at the Ward Road BNSF crossing to this Project; and
WHEREAS, the City was awarded a Revitalizing MainStreets grant using ARPA
funds by CDOT to improve the streetscape on the east side of Wadsworth Boulevard between 35th Avenue and 41st Avenue; and
WHEREAS, the City staff has negotiated Amendment #2 to the amended Agreement with CDOT to add the four additional funding sources to the Project for the construction phase.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, that:
Section 1. Amendment Approved. Amendment #2 between the City and the Colorado Department of Transportation for Project No. NHPP 1211-086, SA 21006: Wadsworth Boulevard Widening from 35th Avenue to Interstate 70, is
hereby approved and the Mayor and City Clerk are authorized and directed to execute the same.
DONE AND RESOLVED this 28th day of February 2022.
_______________________ Bud Starker, Mayor
ATTEST:
__________________________ Steve Kirkpatrick, City Clerk
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STATE OF COLORADO AMENDMENT
Amendment #: 2 and Restatement Project #: NHPP 1211-086 (21006) SIGNATURE AND COVER PAGE
State Agency Department of Transportation Amendment #2 and Restatement Routing Number: 22-HA1-ZM-00032-M0001
Local Agency CITY OF WHEAT RIDGE Original Agreement Routing Number 16-HA1-ZH-00035
Agreement Maximum Amount $53,320,000.00 Agreement Performance Beginning Date The later of the effective date or October 26, 2015
Initial Agreement expiration date October 25, 2025
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT #2 AND RESTATEMENTEach person signing this Amendment #2 and Restatement represents and warrants that he or she is duly authorized to execute this Amendment #2 and Restatement and to bind the Party authorizing his or her signature.
STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director
___________________________________________ Stephen Harelson, P.E., Chief Engineer
Date: _________________________
LOCAL AGENCY CITY OF WHEAT RIDGE
___________________________________________ Signature
___________________________________________ By: (Print Name and Title)
Date: _________________________
LOCAL AGENCY (2nd Signature if Necessary)
___________________________________________ Signature
___________________________________________ By: (Print Name and Title)
Date: _________________________
In accordance with §24-30-202 C.R.S., this Amendment #2 and Restatement is not valid until signed and dated below by the State Controller or an authorized delegate.
STATE CONTROLLER Robert Jaros, CPA, MBA, JD
By:___________________________________________
Department of Transportation
Effective Date:_____________________
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
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1)PARTIES
This Amendment #2 and Restatement (the “Amendment #2 and Restatement”) to the Original Agreement
(“Original Agreement”) and Amendment #1 (“Amendment #1”) shown on the Signature and Cover Page for
this Amendment #2 and Restatement is entered into by and between the Local Agency and the State.
2)TERMINOLOGY
This Amendment #2 and Restatement replaces the Original Agreement and Amendment #1 in their entirety. Allterms used in this Amendment #2 and Restatement that are defined in the Original Agreement shall be
construed and interpreted in accordance with the Amendment #2 and Restatement.
3)EFFECTIVE DATE AND ENFORCEABILITY
A.HistoryOn October 26, 2015, the Parties executed an Intergovernmental Agreement. On October 21, 2020, the Parties
executed Amendment #1 to the Original Intergovernmental Agreement. The Parties are amending and restatingthese agreements into this Amendment #2 and Restated Intergovernmental Agreement retaining the Original
Agreement Effective Date of October 26, 2015, and the Amendment #1 to the Original IntergovernmentalAgreement Extended Expiration Date of October 25, 2025.
B.Amendment #2 and Restatement Effective Date
This Amendment #2 and Restatement shall not be valid or enforceable until the Amendment #2 andRestatement Effective Date shown on the Signature and Cover Page for this Amendment #2 and Restatement.
The State shall not be bound by any provision of this Amendment #2 and Restatement before that Amendment#2 and Restatement Effective Date and shall have no obligation to pay the Local Agency for any Work
performed or expense incurred under this Amendment #2 and Restatement either before or after theAmendment #2 and Restatement term shown in §3.C of this Amendment #2 and Restatement.
C.Amendment #2 and Restatement Term
The Parties’ respective performances under this Amendment #2 and Restatement and the changes to theOriginal Agreement contained herein shall commence on the Amendment #2 and Restatement Effective Date
shown on the Signature and Cover Page for this Amendment#2 and Restatement and shall terminate on theextended termination date as described in Amendment #1 of the Original Agreement.
4)PURPOSE
The Parties entered into the Original Agreement for the widening of Wadsworth Boulevard, from 35th Avenueto 48th Avenue, Wheat Ridge, Colorado. The Parties executed an Intergovernmental Agreement (“Original
Agreement”) dated October 26, 2015, and Amendment #1 (“Amendment #1”) dated October 21, 2020, toincrease Total Budgeted Funds and extend the term of the original agreement by five years. The Original
Agreement and Amendment #1 are amended and restated through this Amendment #2 and Restatement ofIntergovernmental Agreement (“Amendment #2 and Restatement”). Pursuant to this Amendment #2 and
Restatement, the Parties desire to replace the Original Agreement and Amendment #1 in their entirety.
5)MODIFICATIONS
The Parties now desire to:
a)Amend and restate the Original Agreement and Amendment #1 in their entirety with the Amendment #2
and Restatement. This Amendment #2 and Restatement replaces in its entirety all Original Agreement andAmendment #1 provisions and Exhibits. The Amended Original Agreement Exhibits A-1, B-1, C-1, D-1,
E-1, F-1, G-1, H-1, I-1, J-1, K-1, L and M, Amendment #1 and Exhibit C-5 are replaced with Amendment#2 and Restatement Exhibits A-2, B-2, C-6, D-2, E-2, F-2, G-2, H-2, I-2, J-2, K-2, L-1, M-1, N, O, P, Q, R
and S,b)Increase Total Budgeted Funds of $45,000,000.00 by $8,320,000.00 to a new Total Budgeted Funds of
$53,320,000.00 as reflected in Exhibit C-6,c)Add Federal STBG Funds of $1,600,000.00 with a Local Agency match of $400,000.00,d)Add Federal STBG-PDR Funds of $3,360,000.00,e)Add ARPA US Federal Treasury Funds / RMS of $1,360,000.00,
f)And increase the State Faster Safety Funds by $1,600,000.00 for a new total funds of $5,800,000.00.
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6)LIMITS OF EFFECT
This Amendment #2 and Restatement is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as
specifically modified in this Amendment #2 and Restatement. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of
this Amendment #2 and Restatement and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment #2 and Restatement shall in all respects supersede, govern,
and control. The provisions of this Amendment#2 and Restatement shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment #2 and Restatement
specifically modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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TABLE OF CONTENTS
1. PARTIES ................................................................................................................................................. 4 2. TERM AND EFFECTIVE DATE ........................................................................................................... 4 3. AUTHORITY .......................................................................................................................................... 5 4. PURPOSE ................................................................................................................................................ 6 5. DEFINITIONS ........................................................................................................................................ 6 6. SCOPE OF WORK ................................................................................................................................. 9 7. PAYMENTS .......................................................................................................................................... 13 8. REPORTING - NOTIFICATION ......................................................................................................... 17 9. LOCAL AGENCY RECORDS AGENCY RECORDS ........................................................................ 17 10. CONFIDENTIAL INFORMATION-STATE RECORDS .................................................................... 18 11. CONFLICTS OF INTEREST OF INTEREST ...................................................................................... 19 12. INSURANCE ........................................................................................................................................ 20 13. BREACH ............................................................................................................................................... 22 14. REMEDIES ........................................................................................................................................... 22 15. DISPUTE RESOLUTION ..................................................................................................................... 23 16. NOTICES AND REPRESENTATIVESIVES ...................................................................................... 24 17. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 24 18. GOVERNMENTAL IMMUNITY ........................................................................................................ 25 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM ................................................................... 25 20. GENERAL PROVISIONS .................................................................................................................... 26 21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)3-3) ............................... 28 22. FEDERAL REQUIREMENTS ............................................................................................................. 30 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ..................................................................... 30 24. DISPUTES ............................................................................................................................................ 30 EXHIBIT A-2, SCOPE OF WORK EXHIBIT B-2, SAMPLE OPTION LETTER EXHIBIT C-6, FUNDING PROVISIONS (Budget) EXHIBIT D-2, LOCAL AGENCY RESOLUTION EXHIBIT E-2, LOCAL AGENCY AGREEMENT ADMINISTRATION CHECKLIST EXHIBIT F-2, CERTIFICATION FOR FEDERAL-AID AGREEMENTS EXHIBIT G-2, DISADVANTAGED BUSINESS ENTERPRISE EXHIBIT H-2, LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
EXHIBIT I-2, FEDERAL-AID AGREEMENT PROVISIONS FOR CONSTRUCTION AGREEMENTS EXHIBIT J-2, ADDITIONAL FEDERAL REQUIREMENTS EXHIBIT K-2, FFATA SUPPLEMENTAL FEDERAL PROVISIONS EXHIBIT L-1, SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT FORM EXHIBIT M-1, OMB UNIFORM GUIDANCE FOR FEDERAL AWARDS EXHIBIT N, FEDERAL TREASURY PROVISIONS
EXHIBIT O, AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS EXHIBIT P, SLFRF SUBRECIPIENT QUARTERLY REPORT
EXHIBIT Q, SLFRF REPORTING MODIFICATION FORM EXHIBIT R, APPLICABLE FEDERAL AWARDS EXHIBIT S, CHECKLIST OF REQUIRED EXHIBITS DEPENDENT ON FUNDING SOURCE 1. PARTIES
This Agreement is entered into by and between Local Agency named on the Signature and Cover Page for this Agreement (“Local Agency”), and the STATE OF COLORADO acting by and through the State agency named on the Signature and Cover Page for this Agreement (the “State” or “CDOT”). Local Agency and the State agree to the terms and conditions in this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
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This Agreement shall not be valid or enforceable until the Effective Date, and Agreement Funds shall be
expended within the dates shown in Exhibit C-6 for each respective phase (“Phase Performance Period(s)”). The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have
no obligation to pay Local Agency for any Work performed or expense incurred before 1) the Effective Date of this original Agreement; except as described in §7.D; 2) before the encumbering document for the
respective phase and the official Notice to Proceed for the respective phase; or 3) after the Final Phase Performance End Date, as shown in Exhibit C-6. Additionally, the State shall have no obligation to pay
Local Agency for any Work performed or expense incurred after the Agreement Expiration Date or after required billing deadline specified in §7.B.i.e., or the expiration of “Special Funding” if applicable, whichever is sooner. The State’s obligation to pay Agreement Funds exclusive of Special Funding will continue until the Agreement Expiration Date. If Agreement Funds expire before the Agreement Expiration
Date, then no payments will be made after expiration of Agreement Funds.
B. Initial Term and Extension
The Parties’ respective performances under this Agreement shall commence on the Agreement Effective Date shown on the Signature and Cover Page for this Agreement and shall terminate on as shown on the Signature and Cover Page for this Agreement, unless sooner terminated or further extended in accordance with the terms of this Agreement. Upon request of Local Agency, the State may, in its sole discretion, extend
the term of this ARPA Award by Option Letter pursuant §7.E.iv. If the Work will be performed in multiple phases, the period of performance start and end date of each phase is detailed under the Project Schedule in Exhibit C-6.
C. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, and this ARPA Award is not appropriated, or otherwise become unavailable to fund this ARPA Award the State, in its discretion, may terminate this Agreement in whole or in part. This subsection shall not apply
to a termination of this Agreement by the State for breach by Local Agency, which shall be governed by §14.A.i.
i. Method and Content
The State shall notify Local Agency by providing written notice to Local Agency of the termination and be in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Agreement.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Local Agency shall be subject
to §14.A.i.a
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Local Agency an amount equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Local Agency for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Agreement, incurred by Local Agency which are directly attributable to the
uncompleted portion of Local Agency’s obligations, provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Local Agency hereunder. This subsection shall not
apply to a termination of this ARPA Award by the State for breach by Local Agency.
D. Local Agency Termination Under Federal Requirements
Local Agency may request termination of the ARPA Award by sending notice to the State, which includes the effective date of the termination. If this ARPA Award is terminated in this manner, then Local Agency
shall return any advanced payments made for work that will not be performed prior to the effective date of the termination.
3. AUTHORITY
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Authority to enter into this Agreement exists in the law as follows:
A.Federal Authority
Pursuant to Title I, Subtitle A, of the “Fixing America’s Surface Transportation Act” (FAST Act) of 2015,
and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as the
“Federal Provisions”), certain federal funds have been and are expected to continue to be allocated fortransportation projects requested by Local Agency and eligible under the Surface TransportationImprovement Program that has been proposed by the State and approved by the Federal HighwayAdministration (“FHWA”).
B.State Authority
Pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is responsible for
the general administration and supervision of performance of projects in the Program, including theadministration of federal funds for a Program project performed by a Local Agency under a contract with the
State. This Agreement is executed under the authority of CRS §§29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-104.5.
4.PURPOSE
The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to CDOT’s Stewardship
Agreement with the FHWA.
5.DEFINITIONS
The following terms shall be construed and interpreted as follows:
A.“Agreement” means this agreement, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B.“Agreement Funds” means the funds that have been appropriated, designated, encumbered, or otherwise
made available for payment by the State under this Agreement.
C.“ARPA” means American Rescue Plan Act, funded by the US Treasury Department. See “SLFRF” below.
D.“Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of
the Federal Award specifically indicate otherwise.
E.“Budget” means the budget for the Work described in Exhibit C-6.
F.“Business Day” means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S..
G.“Chief Procurement Officer” means the individual to whom the Executive Director has delegated his or her authority pursuant to §24-102-202 to procure or supervise the procurement of all supplies and
services needed by the State.
H.“CJI” means criminal justice information collected by criminal justice agencies needed for the performance
of their authorized functions, including, without limitation, all information defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice
Information Services Security Policy, as amended and all Criminal Justice Records as defined under §24-72-302, C.R.S.
I.“Consultant” means a professional engineer or designer hired by Local Agency to design the Work Product.
J.. “Contractor” means the general construction contractor hired by Local Agency to construct the Work.
K.“CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
L.“Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature and Cover Page for this Agreement.
M.“Evaluation” means the process of examining Local Agency’s Work and rating it based on
criteria established in §6, Exhibit A-2 and Exhibit E-2.
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N.“Exhibits” means the following exhibits attached to this Agreement:
i.Exhibit A-2, Scope of Work.
ii.Exhibit B-2, Sample Option Letter.
iii.Exhibit C-6, Funding Provisions
iv.Exhibit D-2, Local Agency Resolution
v.Exhibit E-2, Local Agency Contract Administration Checklist
vi.Exhibit F-2, Certification for Federal-Aid Contracts
vii.Exhibit G-2, Disadvantaged Business Enterprise
viii.Exhibit H-2, Local Agency Procedures for Consultant Services
ix.Exhibit I-2, Federal-Aid Contract Provisions for Construction Contracts
x.Exhibit J-2, Additional Federal Requirements
xi.Exhibit K-2, The Federal Funding Accountability and Transparency Act of 2006 (FFATA)Supplemental Federal Provisions
xii.Exhibit L-1, Sample Sub-Recipient Monitoring and Risk Assessment Form
xiii.Exhibit M-1, Supplemental Provisions for Federal Awards Subject to The Office of Management andBudget Uniform Administrative Requirements, Cost principles, and Audit Requirements for FederalAwards (the “Uniform Guidance”)
xiv.Exhibit N, Federal Treasury Provisions
xv.Exhibit O, Agreement with Subrecipient of Federal Recovery Funds
xvi.Exhibit P, SLFRF Subrecipient Quarterly Report
xvii.Exhibit Q, SLFRF Reporting Modification Form
xviii. Exhibit R, Applicable Federal Awards
xix.Exhibit S, Checklist of Required Exhibits Dependent on Funding Source
O.“Expiration Date” means the date on which this Agreement expires, as shown on the Signature and CoverPage for this Agreement.
P. “Extension Term” means the period of time by which the ARPA Expiration Date is extended by the Statethrough delivery of an updated ARPA Letter.
Q.“Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract underthe Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. “Federal Award” alsomeans an agreement setting forth the terms and conditions of the Federal Award. The term does not includepayments to a contractor or payments to an individual that is a beneficiary of a Federal program.
R.“Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. The USDepartment of the Treasury is the Federal Awarding Agency for the Federal Award, which may be the
subject of this Agreement.
S. “FHWA” means the Federal Highway Administration, which is one of the twelve administrations under theOffice of the Secretary of Transportation at the U.S. Department of Transportation. FHWA providesstewardship over the construction, maintenance and preservation of the Nation’s highways and tunnels.
FHWA is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement.
T. “Goods” means any movable material acquired, produced, or delivered by Local Agency as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Local Agency inconnection with the Services.
U.“Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of theunauthorized access or disclosure of State Confidential Information or of the unauthorized modification,
disruption, or destruction of any State Records.
V.“Initial Term” means the time period defined in §2.B.
W. “Matching Funds” means the funds provided by the Local Agency as a match required to receive the federal funding.
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X.“Notice to Proceed” means the letter issued by the State to the Local Agency stating the date the Local
Agency can begin work subject to the conditions of this Agreement.
Y.“OMB” means the Executive Office of the President, Office of Management and Budget.
Z. “Oversight” means the term as it is defined in the Stewardship Agreement between CDOT and the FHWA.
AA. “Party” means the State or Local Agency, and “Parties” means both the State and Local Agency.
BB. “PCI” means payment card information including any data related to credit card holders’ names, credit cardnumbers, or the other credit card information as may be protected by state or federal law.
CC. “PHI” means any protected health information, including, without limitation any information whether oralor recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition
of an individual; the provision of health care to an individual; or the past, present or future payment for theprovision of health care to an individual; and (ii) that identifies the individual or with respect to which there
is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but isnot limited to, any information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
DD.“PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual‘s identity, such asname, social security number, date and place of birth, mother‘s maiden name, or biometric records; and any
other information that is linked or linkable to an individual, such as medical, educational, financial, andemployment information. PII includes, but is not limited to, all information defined as personally
identifiable information in §24-72-501 C.R.S.
EE. “Recipient” means the Colorado Department of Transportation (CDOT) for this Federal Award.
FF. “Services” means the services to be performed by Local Agency as set forth in this Agreement and shall include any services to be rendered by Local Agency in connection with the Goods.
GG. “SLFRF” means State and Local Fiscal Recovery Funds, provided by ARPA, funded by the US Treasury Department.
HH. “Special Funding” means an award by Federal agency or the State which may include but is not limited to one or a combination of Multimodal Transportation & Mitigation Options Funding, Revitalizing Main Streets, Safer Main Streets, Stimulus Funds, Coronavirus Response and Relief Supplemental Funds, ARPA, SLFRF, or COVID Relief.
II.“State Confidential Information” means any and all State Records not subject to disclosure under CORA.State Confidential Information shall include, but is not limited to, PII and State personnel records not subjectto disclosure under CORA.
JJ. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-
30-202(13)(a).
KK. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year.
LL. “State Purchasing Director” means the position described in the Colorado Procurement Code and itsimplementing regulations.
MM.“State Records” means any and all State data, information, and records, regardless of physical form,including, but not limited to, information subject to disclosure under CORA.
NN. “Sub-Award” means this Award by the State to Local Agency funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to this Sub-Award unless the terms and conditions of the Federal Award specifically indicate otherwise.
OO. “Subcontractor” means third-parties, if any, engaged by Local Agency to aid in performance of the Work.
PP. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a Federal program, but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency.
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QQ. “Tax Information” means Federal and State of Colorado tax information including, without limitation,
Federal and State tax returns, return information, and such other tax-related information as may be protected by Federal and State law and regulation. Tax Information includes, but is not limited to all information
defined as Federal tax Information in Internal Revenue Service Publication 1075.
RR. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single
Audit Act follow-up.
SS. “Work” means the delivery of the Goods and performance of the Services in compliance with CDOT’s
Local Agency Manual described in this Agreement.
TT. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs,
negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work Product” does not include any material that was developed prior to
the Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined in an Exhibit shall be construed and interpreted as defined
in that Exhibit.
6. SCOPE OF WORK OF WORK
Local Agency shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A-2, and the Local Agency Manual. The State shall have no liability to compensate Local Agency for the delivery of any Goods or the performance of any Services that are not specifically set forth in this Agreement.
Work may be divided into multiple phases that have separate periods of performance. The State may not
compensate for Work that Local Agency performs outside of its designated phase performance period. The performance period of phases, including, but not limited to Design, Construction, Right of Way, Utilities, or
Environment phases, are identified in Exhibit C-6. The State may unilaterally modify Exhibit C-6 from time to time, at its sole discretion, to extend the period of performance for a phase of Work authorized under this Agreement. To exercise this phase performance period extension option, the State will provide written notice to Local Agency in a form substantially equivalent to Exhibit B-2. The State’s unilateral extension of phase performance periods will not amend or alter in any way the funding provisions or any other terms specified in this Agreement, notwithstanding the options listed under §7.E
A. Local Agency Commitments
i. Design
If the Work includes preliminary design, final design, design work sheets, or special provisions and estimates (collectively referred to as the “Plans”), Local Agency shall ensure that it and its Contractors comply with and are responsible for satisfying the following requirements:
a. Perform or provide the Plans to the extent required by the nature of the Work.
b. Prepare final design in accordance with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by the State.
c. Prepare provisions and estimates in accordance with the most current version of the State’s Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by the State.
d. Include details of any required detours in the Plans in order to prevent any interference of the construction Work and to protect the traveling public.
e. Stamp the Plans as produced by a Colorado registered professional engineer.
f. Provide final assembly of Plans and all other necessary documents.
g. Ensure the Plans are accurate and complete.
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h. Make no further changes in the Plans following the award of the construction contract to Contractor
unless agreed to in writing by the Parties. The Plans shall be considered final when approved in writing by CDOT, and when final, they will be deemed incorporated herein.
ii. Local Agency Work
a. Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA)
42 U.S.C. § 12101, et. seq., and applicable federal regulations and standards as contained in the document “ADA Accessibility Requirements in CDOT Transportation Projects”.
b. Local Agency shall afford the State ample opportunity to review the Plans and shall make any changes in the Plans that are directed by the State to comply with FHWA requirements.
c. Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans and/or construction administration. Provided, however, if federal-aid funds are involved in the cost
of such Work to be done by such Consultant, such Consultant contract (and the performance provision of the Plans under the contract) must comply with all applicable requirements of 23 C.F.R.
Part 172 and with any procedures implementing those requirements as provided by the State, including those in Exhibit H-2. If Local Agency enters into a contract with a Consultant for the
Work:
1) Local Agency shall submit a certification that procurement of any Consultant contract complies
with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant contract, subject to the State’s approval. If not approved by the State, Local Agency shall not enter into
such Consultant contract.
2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by the State and FHWA and that they are in writing. Immediately after the Consultant contract has been awarded, one copy of the executed Consultant contract and any amendments shall be
submitted to the State.
3) Local Agency shall require that all billings under the Consultant contract comply with the
State’s standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office.
4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the CDOT procedures described in Exhibit H-2 to administer the Consultant contract.
5) Local Agency may expedite any CDOT approval of its procurement process and/or Consultant contract by submitting a letter to CDOT from Local Agency’s attorney/authorized representative certifying compliance with Exhibit H-2 and 23 C.F.R. 172.5(b)and (d).
6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49
CFR 18.36(i) and contains the following language verbatim:
(a) The design work under this Agreement shall be compatible with the requirements of the contract between Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third-party beneficiary of this agreement for that purpose.
(b) Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project.
(c) The consultant shall review the construction Contractor’s shop drawings for conformance with the contract documents and compliance with the provisions of the State’s publication, Standard Specifications for Road and Bridge Construction, in connection with this work.
(d) The State, in its sole discretion, may review construction plans, special provisions and estimates and may require Local Agency to make such changes therein as the State determines necessary to comply with State and FHWA requirements.
iii. Construction
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If the Work includes construction, Local Agency shall perform the construction in accordance with the
approved design plans and/or administer the construction in accordance with Exhibit E-2. Such administration shall include Work inspection and testing; approving sources of materials; performing
required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for
contract modification orders and minor contract revisions; processing construction Contractor claims; construction supervision; and meeting the quality control requirements of the FHWA/CDOT
Stewardship Agreement, as described in Exhibit E-2.
a.The State may, after providing written notice of the reason for the suspension to Local Agency,
suspend the Work, wholly or in part, due to the failure of Local Agency or its Contractor to correct conditions which are unsafe for workers or for such periods as the State may deem necessary due to
unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest.
b.Local Agency shall be responsible for the following:
1)Appointing a qualified professional engineer, licensed in the State of Colorado, as Local
Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall administer the Work in accordance with this Agreement, the requirements of the construction
contract and applicable State procedures, as defined in the CDOT Local Agency Manual (https://www.codot.gov/business/designsupport/bulletins_manuals/2006-local-agency-manual).
2)For the construction Services, advertising the call for bids, following its approval by the State, and awarding the construction contract(s) to the lowest responsible bidder(s).
(a)All Local Agency’s advertising and bid awards pursuant to this Agreement shall comply with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635 andC.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that Local Agency and its Contractor(s) incorporate Form 1273 (Exhibit I-2) in its entirety, verbatim, into any subcontract(s) for Services as terms and conditions thereof, as required by 23C.F.R. 633.102(e).
(b)Local Agency may accept or reject the proposal of the apparent low bidder for Work onwhich competitive bids have been received. Local Agency must accept or reject such bidswithin three (3) working days after they are publicly opened.
(c)If Local Agency accepts bids and makes awards that exceed the amount of availableAgreement Funds, Local Agency shall provide the additional funds necessary to complete
the Work or not award such bids.
(d)The requirements of §6.A.iii.b.2 also apply to any advertising and bid awards made by theState.
(e)The State (and in some cases FHWA) must approve in advance all Force Account
Construction, and Local Agency shall not initiate any such Services until the State issues awritten Notice to Proceed.
iv.Right of Way (ROW) and Acquisition/Relocation
a.If Local Agency purchases a ROW for a State highway, including areas of influence, Local Agencyshall convey the ROW to CDOT promptly upon the completion of the project/construction.
b.Any acquisition/relocation activities shall comply with all applicable federal and State statutes andregulations, including but not limited to, the Uniform Relocation Assistance and Real PropertyAcquisition Policies Act of 1970, as amended, the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs, as amended (49 C.F.R. Part 24),CDOT’s Right of Way Manual, and CDOT’s Policy and Procedural Directives.
c.The Parties’ respective responsibilities for ensuring compliance with acquisition, relocation andincidentals depend on the level of federal participation as detailed in CDOT’s Right of Way Manual
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(located at http://www.codot.gov/business/manuals/right-of-way); however, the State always
retains oversight responsibilities.
d. The Parties’ respective responsibilities at each level of federal participation in CDOT’s Right of
Way Manual, and the State’s reimbursement of Local Agency costs will be determined pursuant the following categories:
1) Right of way acquisition (3111) for federal participation and non-participation;
2) Relocation activities, if applicable (3109);
3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of way – 3114).
v. Utilities
If necessary, Local Agency shall be responsible for obtaining the proper clearance or approval from any
utility company that may become involved in the Work. Prior to the Work being advertised for bids, Local Agency shall certify in writing to the State that all such clearances have been obtained.
vi. Railroads
If the Work involves modification of a railroad company’s facilities and such modification will be
accomplished by the railroad company, Local Agency shall make timely application to the Public Utilities Commission (“PUC”) requesting its order providing for the installation of the proposed
improvements. Local Agency shall not proceed with that part of the Work before obtaining the PUC’s order. Local Agency shall also establish contact with the railroad company involved for the purpose of
complying with applicable provisions of 23 C.F.R. 646, subpart B, concerning federal-aid projects involving railroad facilities, and:
a. Execute an agreement with the railroad company setting out what work is to be accomplished and the location(s) thereof, and which costs shall be eligible for federal participation.
b. Obtain the railroad’s detailed estimate of the cost of the Work.
c. Establish future maintenance responsibilities for the proposed installation.
d. Proscribe in the agreement the future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing.
e. Establish future repair and/or replacement responsibilities, as between the railroad company and the Local Agency, in the event of accidental destruction or damage to the installation.
vii. Environmental Obligations
Local Agency shall perform all Work in accordance with the requirements of current federal and State
environmental regulations, including the National Environmental Policy Act of 1969 (NEPA) as applicable.
viii. Maintenance Obligations
Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA. Local Agency shall conduct such maintenance and operations in accordance with all applicable statutes, ordinances, and regulations pertaining to maintaining such improvements. The State and FHWA may make periodic inspections to verify that such improvements are being adequately maintained.
ix. Monitoring Obligations
Local Agency shall respond in a timely manner to and participate fully with the monitoring activities described in §7.F.vi.
B. State’s Commitments
i. The State will perform a final project inspection of the Work as a quality control/assurance activity. When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212.
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ii. Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable
or responsible in any manner for the structural design, details or construction of any Work constituting major structures designed by, or that are the responsibility of, Local Agency, as identified in Exhibit E-2.
7. PAYMENTS
A. Maximum Amount
Payments to Local Agency are limited to the unpaid, obligated balance of the Agreement Funds set forth in Exhibit C-6. The State shall not pay Local Agency any amount under this Agreement that exceeds the Agreement Maximum set forth in Exhibit C-6.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Local Agency in the amounts and in accordance with conditions set forth in Exhibit C-6.
b. Local Agency shall initiate payment requests by invoice to the State, in a form and manner approved by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long as the amount invoiced correctly represents Work completed by Local Agency and previously
accepted by the State during the term that the invoice covers. If the State determines that the amount of any invoice is not correct, then Local Agency shall make all changes necessary to correct that
invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables provided under the Agreement.
e. If a project is funded in part with Federal or State special funding there may be an expiration date
for the funds. The expiration date applies to grants and local funds used to match grants. To receive payment or credit for the match, Work must be completed or substantially completed, as outlined in
the terms of the grant, prior to the expiration date of the special funding and invoiced in compliance with the rules outlined in the award of the funding. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables provided under the Agreement.
ii. Interest
Amounts not paid by the State within 45 days after the State’s acceptance of the invoice shall bear interest on the unpaid balance beginning on the 46th day at the rate of 1% per month, as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Local Agency shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days interest to be paid and the interest rate.
iii. Payment Disputes
If Local Agency disputes any calculation, determination, or amount of any payment, Local Agency shall notify the State in writing of its dispute within 30 days following the earlier to occur of Local Agency’s receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Local Agency and may make changes to its determination based on this review. The calculation, determination, or payment amount that results from the State’s review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
a. The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Local Agency beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Agreement Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from any other non-State funds
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constitute all or some of the Agreement Funds, the State’s obligation to pay Local Agency shall be
contingent upon such non-State funding continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be made only from Agreement Funds, and the State’s
liability for such payments shall be limited to the amount remaining of such Agreement Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this
Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services
and Goods that are delivered and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.C.
b. If the agreement funds are terminated, the State can terminate the contract early. Payment due for
work done to the date of termination will be processed in a manner consistent with §2.C.
v. Erroneous Payments
The State may recover, at the State’s discretion, payments made to Local Agency in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds
received by Local Agency. The State may recover such payments by deduction from subsequent payments under this Agreement, deduction from any payment due under any other contracts, grants or
agreements between the State and Local Agency, or by any other appropriate method for collecting debts owed to the State. The close out of a Federal Award does not affect the right of FHWA or the State to
disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period (as defined below in §9.A.).
vi. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State
to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as defined below.
C. Matching Funds
Local Agency shall provide matching funds as provided in §7.A. and Exhibit C-6. Local Agency shall have raised the full amount of matching funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. Local Agency’s obligation to pay all or any part of any matching funds,
whether direct or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of Local Agency and paid into Local Agency’s treasury. Local
Agency represents to the State that the amount designated “Local Agency Matching Funds” in Exhibit C-6 has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid
into its treasury. Local Agency may evidence such obligation by an appropriate ordinance/resolution or other authority letter expressly authorizing Local Agency to enter into this Agreement and to expend its match share of the Work. A copy of any such ordinance/resolution or authority letter is attached hereto as Exhibit D-2. Local Agency does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Local Agency. Local Agency shall not pay or be liable for any claimed interest, late charges, fees, taxes, or penalties of any
nature, except as required by Local Agency’s laws or policies.
D. Reimbursement of Local Agency Costs
The State shall reimburse Local Agency’s allowable costs, not exceeding the maximum total amount described in Exhibit C-6 and §7. However, any costs incurred by Local Agency prior to the Effective Date shall not be reimbursed absent specific allowance of pre-award costs and indication that the Federal Award funding is retroactive. The State shall pay Local Agency for costs or expenses incurred or performance by the Local Agency prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2) federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the Local Agency. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance with the provisions of this Agreement. The applicable principles described in 2 C.F.R. Part 200 shall govern the State’s obligation to reimburse all costs incurred by Local Agency and submitted to the State for reimbursement hereunder, and Local Agency shall comply with all such principles. The State shall reimburse Local Agency for the federal-aid share of properly documented costs related to the Work after review and
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approval thereof, subject to the provisions of this Agreement and Exhibit C-6. Local Agency costs for Work
performed prior to the Effective Date shall not be reimbursed absent specific allowance of pre-award costs and indication that the Federal Award funding is retroactive. Local Agency costs for Work performed after
any Performance Period End Date for a respective phase of the Work, is not reimbursable. Allowable costs shall be:
i. Reasonable and necessary to accomplish the Work and for the Goods and Services provided.
ii. Actual net cost to Local Agency (i.e. the price paid minus any items of value received by Local Agency
that reduce the cost actually incurred).
E. Unilateral Modification of Agreement Funds Budget by State Option Letter
The State may, at its discretion, issue an “Option Letter” to Local Agency to add or modify Work phases in the Work schedule in Exhibit C-6 if such modifications do not increase total budgeted Agreement Funds.
Such Option Letters shall amend and update Exhibit C-6, Sections 2 or 4 of the Table, and sub-sections B and C of the Exhibit C-6. Option Letters shall not be deemed valid until signed by the State Controller or an
authorized delegate. Modification of Exhibit C-6 by unilateral Option Letter is permitted only in the specific scenarios listed below. The State will exercise such options by providing Local Agency a fully executed
Option Letter, in a form substantially equivalent to Exhibit B-2. Such Option Letters will be incorporated into this Agreement. This applies to the entire Scope of Work.
i. Option to Begin a Phase and/or Increase or Decrease the Encumbrance Amount
The State may require by Option Letter that Local Agency begin a new Work phase that may include
Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous Work (but may not include Right of Way Acquisition/Relocation or Railroads) as detailed in Exhibit A-2. Such Option Letters may not modify the other terms and conditions stated in this Agreement, and must decrease the amount budgeted and encumbered for one or more other Work phases so that the total amount of
budgeted Agreement Funds remains the same. The State may also issue a unilateral Option Letter to simultaneously increase and decrease the total encumbrance amount of two or more existing Work
phases, as long as the total amount of budgeted Agreement Funds remains the same, replacing the original Agreement Funding exhibit (Exhibit C-6) with an updated Exhibit C-7 (with subsequent exhibits labeled C-8, C-9, etc.).
ii. Option to Transfer Funds from One Phase to Another Phase.
The State may require or permit Local Agency to transfer Agreement Funds from one Work phase (Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another phase as a result of changes to State, federal, and local match funding. In such case, the original funding exhibit (Exhibit C-6) will be replaced with an updated Exhibit C-7 (with subsequent exhibits labeled C-8, C-9, etc.) attached to the Option Letter. The Agreement Funds transferred from one Work phase to another are subject to the same terms and conditions stated in the original Agreement with the total budgeted Agreement Funds remaining the same. The State may unilaterally exercise this option by providing a fully executed Option Letter to Local Agency within thirty (30) days before the initial targeted start date of the Work phase, in a form substantially equivalent to Exhibit B-2.
iii. Option to Exercise Options i and ii.
The State may require Local Agency to add a Work phase as detailed in Exhibit A-2, and encumber and transfer Agreement Funds from one Work phase to another. The original funding exhibit (Exhibit C-6) in the original Agreement will be replaced with an updated Exhibit C-7 (with subsequent exhibits labeled C-8, C-9, etc.) attached to the Option Letter. The addition of a Work phase and encumbrance and transfer of Agreement Funds are subject to the same terms and conditions stated in the original Agreement with the total budgeted Agreement Funds remaining the same. The State may unilaterally exercise this option by providing a fully executed Option Letter to Local Agency within 30 days before the initial targeted start date of the Work phase, in a form substantially equivalent to Exhibit B-2.
iv. Option to Extend Agreement/Phase Term and/or modify the OMB Uniform Guidance. The State, at its discretion, shall have the option to extend the term of this Agreement and/or update a Work Phase Performance Period and/or modify information required under the OMB Uniform Guidance, as outlined in Exhibit C-6. Any updated version of Exhibit C-6 shall be attached to any executed Option Letter as
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Exhibit C-7 (with subsequent exhibits labeled C-8, C-9, etc.). In order to exercise this option, the State
shall provide written notice to the Local Agency in a form substantially equivalent to Exhibit B-2.
F. Accounting
Local Agency shall establish and maintain accounting systems in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting
scheme). Such accounting systems shall, at a minimum, provide as follows:
i. Local Agency Performing the Work
If Local Agency is performing the Work, it shall document all allowable costs, including any approved Services contributed by Local Agency or subcontractors, using payrolls, time records, invoices,
contracts, vouchers, and other applicable records.
ii. Local Agency-Checks or Draws
Checks issued or draws made by Local Agency shall be made or drawn against properly signed vouchers detailing the purpose thereof. Local Agency shall keep on file all checks, payrolls, invoices, contracts,
vouchers, orders, and other accounting documents in the office of Local Agency, clearly identified, readily accessible, and to the extent feasible, separate and apart from all other Work documents.
iii. State-Administrative Services
The State may perform any necessary administrative support services required hereunder. Local Agency
shall reimburse the State for the costs of any such services from the budgeted Agreement Funds as provided for in Exhibit C-6. If FHWA Agreement Funds are or become unavailable, or if Local Agency
terminates this Agreement prior to the Work being approved by the State or otherwise completed, then all actual incurred costs of such services and assistance provided by the State shall be reimbursed to the State by Local Agency at its sole expense.
iv. Local Agency-Invoices
Local Agency’s invoices shall describe in detail the reimbursable costs incurred by Local Agency for which it seeks reimbursement, the dates such costs were incurred and the amounts thereof, and Local
Agency shall not submit more than one invoice per month.
v. Invoicing Within 60 Days
The State shall not be liable to reimburse Local Agency for any costs invoiced more than 60 days after the date on which the costs were incurred, including costs included in Local Agency’s final invoice. The State may withhold final payment to Local Agency at the State’s sole discretion until completion of final audit. Any costs incurred by Local Agency that are not allowable under 2 C.F.R. Part 200 shall be Local Agency’s responsibility, and the State will deduct such disallowed costs from any payments due to Local Agency. The State will not reimburse costs for Work performed after the Performance Period End Date
for a respective Work phase. The State will not reimburse costs for Work performed prior to Performance Period End Date, but for which an invoice is received more than 60 days after the Performance Period End Date.
vi. Risk Assessment & Monitoring
Pursuant to 2 C.F.R. 200.331(b), – CDOT will evaluate Local Agency’s risk of noncompliance with federal statutes, regulations, and terms and conditions of this Agreement. Local Agency shall complete a Risk Assessment Form (Exhibit L-1) when that may be requested by CDOT. The risk assessment is a quantitative and/or qualitative determination of the potential for Local Agency’s non-compliance with the requirements of the Federal Award. The risk assessment will evaluate some or all of the following factors:
• Experience: Factors associated with the experience and history of the Subrecipient with the same or similar Federal Awards or grants.
• Monitoring/Audit: Factors associated with the results of the Subrecipient’s previous audits or monitoring visits, including those performed by the Federal Awarding Agency, when the Subrecipient also receives direct federal funding. Include audit results if Subrecipient receives single audit, where the specific award being assessed was selected as a major program.
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• Operation: Factors associated with the significant aspects of the Subrecipient’s operations, in which
failure could impact the Subrecipient’s ability to perform and account for the contracted goods or services.
• Financial: Factors associated with the Subrecipient’s financial stability and ability to comply with financial requirements of the Federal Award.
• Internal Controls: Factors associated with safeguarding assets and resources, deterring and detecting errors, fraud and theft, ensuring accuracy and completeness of accounting data, producing reliable
and timely financial and management information, and ensuring adherence to its policies and plans.
• Impact: Factors associated with the potential impact of a Subrecipient’s non-compliance to the
overall success of the program objectives.
• Program Management: Factors associated with processes to manage critical personnel, approved
written procedures, and knowledge of rules and regulations regarding federal-aid projects.
Following Local Agency’s completion of the Risk Assessment Tool (Exhibit L-1), CDOT will
determine the level of monitoring it will apply to Local Agency’s performance of the Work. This risk assessment may be re-evaluated after CDOT begins performing monitoring activities.
G. Close Out
Local Agency shall close out this Award within 90 days after the Final Phase Performance End Date. If
SLFRF Funds are used the Local Agency shall close out that portion of the Award within 45 days after the ARPA Award Expiration Date. Close out requires Local Agency’s submission to the State of all deliverables
defined in this Agreement, and Local Agency’s final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. If FHWA or US Treasury has not closed this Federal Award within one (1) year and 90 days after the Final Phase Performance End Date due to Local Agency’s failure to submit required
documentation, then Local Agency may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted.
8. REPORTING - NOTIFICATION - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to §19 or pursuant to any exhibit, for any contract having a term longer than 3 months, Local Agency shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Agreement. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
to the State not later than five (5) Business Days following the end of each calendar quarter or at such time as otherwise specified by the State. If SLFRF Funds are used the report must be in the format of Exhibit P.
B. Litigation Reporting
If Local Agency is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Agreement or may affect Local Agency’s ability to perform its obligations under this Agreement, Local Agency shall, within 10 days after being served, notify the State of such action and deliver copies of such pleading or document to the State’s principal representative identified in §16.
C. Performance and Final Status
Local Agency shall submit all financial, performance and other reports to the State no later than 60 calendar days after the Final Phase Performance End Date or sooner termination of this Agreement, containing an Evaluation of Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder.
D. Violations Reporting
Local Agency must disclose, in a timely manner, in writing to the State and FHWA, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. Penalties for noncompliance may include suspension or debarment (2 CFR Part 180 and 31 U.S.C. 3321).
9. LOCAL AGENCY RECORDS AGENCY RECORDS
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A. Maintenance
Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Local Agency shall maintain such records for a period
(the “Record Retention Period”) of three (3) years following the date of submission to the State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission of each
quarterly or annual report, respectively. If any litigation, claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation,
claims, or audit findings have been resolved and final action taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit, oversight or indirect costs, and the State, may
notify Local Agency in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three (3) years following final disposition
of such property.
B. Inspection
Records during the Record Retention Period. Local Agency shall make Local Agency Records available during normal business hours at Local Agency’s office or place of business, or at other mutually agreed upon
times or locations, upon no fewer than two (2) Business Days’ notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State.
C. Monitoring
The State will monitor Local Agency’s performance of its obligations under this Agreement using procedures as determined by the State. The State shall monitor Local Agency’s performance in a manner that does not unduly interfere with Local Agency’s performance of the Work. Local Agency shall allow the State to
perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Local Agency. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at
any time during the term of this Agreement. The State shall monitor Local Agency’s performance in a manner that does not unduly interfere with Local Agency’s performance of the Work. If Local Agency enters into a subcontract with an entity that would also be considered a Subrecipient, then the subcontract entered into by Local Agency shall contain provisions permitting both Local Agency and the State to perform all monitoring of that Subcontractor in accordance with the Uniform Guidance.
D. Final Audit Report
Local Agency shall promptly submit to the State a copy of any final audit report of an audit performed on Local Agency’s records that relates to or affects this Agreement or the Work, whether the audit is conducted
by Local Agency or a third party. Additionally, if Local Agency is required to perform a single audit under 2 CFR 200.501, et seq., then Local Agency shall submit a copy of the results of that audit to the State within the same timelines as the submission to the federal government.
10. CONFIDENTIAL INFORMATION-STATE RECORDS INFORMATION-STATE RECORDS
A. Confidentiality
Local Agency shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Local Agency for the sole and exclusive benefit of the State, unless those State Records are otherwise publicly available at the time of disclosure or are subject to disclosure by Local Agency under CORA. Local Agency shall not, without prior written approval of the State, use for Local Agency’s own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Agreement. Local Agency shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. Local Agency shall immediately forward any request or demand for State Records to the State’s principal representative. If Local Agency or any of its Subcontractors will or may receive the following types of data, Local Agency or its Subcontractors shall provide for the security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information attached to this Award as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard
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from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S.
Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and
the HIPAA Business Associate Agreement attached to this Award, if applicable. Local Agency shall immediately forward any request or demand for State Records to the State’s principal representative.
B. Other Entity Access and Nondisclosure Agreements
Local Agency may provide State Records to its agents, employees, assigns and Subcontractors as necessary
to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Agreement. Local
Agency shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Agreement, and that the nondisclosure agreements are
in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Local Agency shall provide copies of those signed nondisclosure agreements to the State upon
request.
C. Use, Security, and Retention
Local Agency shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information wherever located. Local Agency shall provide the State with access, subject to Local Agency’s reasonable security requirements, for
purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Agreement, Local Agency shall
return State Records provided to Local Agency or destroy such State Records and certify to the State that it has done so, as directed by the State. If Local Agency is prevented by law or regulation from returning or
destroying State Confidential Information, Local Agency warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Local Agency becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Local Agency can establish that none of Local Agency or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, Local Agency shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Local Agency shall
take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding Personally Identifying Information “PII”
If Local Agency or any of its Subcontracts will or may receive PII under this agreement, Local Agency shall provide for the security for such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security
inspections, and audits. Local Agency shall be a “Third Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S.
11. CONFLICTS OF INTEREST OF INTEREST
A. Actual Conflicts of Interest
Local Agency shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Local Agency under this Agreement. Such a conflict of interest would arise when a Local Agency or Subcontractor’s employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Agreement. Officers, employees and agents of Local Agency may neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts.
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B. Apparent Conflicts of Interest
Local Agency acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, Local Agency shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Local Agency’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Local Agency is uncertain whether a conflict or the
appearance of a conflict has arisen, Local Agency shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or
to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement.
12. INSURANCE
Local Agency shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance
as specified in this section at all times during the term of this Agreement. All insurance policies required by this Agreement that are not provided through self-insurance shall be issued by insurance companies with an AM Best
rating of A-VIII or better.
A. Local Agency Insurance
Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”) and shall maintain at all times during the term of this Agreement such liability
insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA.
B. Subcontractor Requirements
Local Agency shall ensure that each Subcontractor that is a public entity within the meaning of the GIA, maintains at all times during the terms of this Agreement, such liability insurance, by commercial policy or
self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. Local Agency shall ensure that each Subcontractor that is not a public entity within the meaning of the GIA, maintains at all
times during the terms of this Agreement all of the following insurance policies:
i. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all Local Agency or Subcontractor employees acting within the course and scope of their employment.
ii. General Liability
Commercial general liability insurance written on an Insurance Services Office occurrence form, covering premises operations, fire damage, independent contractors, products and completed operations,
blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate;
c. $1,000,000 products and completed operations aggregate; and
d. $50,000 any 1 fire.
iii. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit.
iv. Protected Information
Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax Information, and CJI, and claims based on alleged violations of privacy rights through improper use or disclosure of protected information with minimum limits as follows:
a. $1,000,000 each occurrence; and
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b. $2,000,000 general aggregate.
v. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or any negligent act
with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vi. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vii. Cyber/Network Security and Privacy Liability
Liability insurance covering all civil, regulatory and statutory damages, contractual damages, data breach management exposure, and any loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of breach, violation or infringement of right to privacy rights through improper use or disclosure of protect consumer data protection law,
confidentiality or other legal protection for personal information, as well as State Confidential Information with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $2,000,000 general aggregate.
C. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Local Agency and Subcontractors. In the event of cancellation of any commercial general liability policy, the carrier
shall provide at least 10 days prior written notice to CDOT.
D. Primacy of Coverage
Coverage required of Local Agency and each Subcontractor shall be primary over any insurance or self-insurance program carried by Local Agency or the State.
E. Cancellation
All commercial insurance policies shall include provisions preventing cancellation or non-renewal, except
for cancellation based on non-payment of premiums, without at least 30 days prior notice to Local Agency and Local Agency shall forward such notice to the State in accordance with §16 within 7 days of Local
Agency’s receipt of such notice.
F. Subrogation Waiver
All commercial insurance policies secured or maintained by Local Agency or its Subcontractors in relation to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Local Agency or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers.
G. Certificates
For each commercial insurance plan provided by Local Agency under this Agreement, Local Agency shall
provide to the State certificates evidencing Local Agency’s insurance coverage required in this Agreement within seven (7) Business Days following the Effective Date. Local Agency shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Agreement within seven (7) Business Days following the Effective Date, except that, if Local Agency’s subcontract is not in effect as of the Effective Date, Local Agency shall provide to the State certificates showing Subcontractor insurance coverage required under this Agreement within seven (7) Business Days following Local Agency’s execution
of the subcontract. No later than 15 days before the expiration date of Local Agency’s or any Subcontractor’s
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coverage, Local Agency shall deliver to the State certificates of insurance evidencing renewals of coverage.
At any other time during the term of this Agreement, upon request by the State, Local Agency shall, within seven (7) Business Days following the request by the State, supply to the State evidence satisfactory to the
State of compliance with the provisions of this §12.
13. BREACH
A. Defined
The failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part
or in a timely or satisfactory manner, shall be a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Local Agency, or the appointment of a receiver or
similar officer for Local Agency or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach, the aggrieved Party shall give written notice of breach to the other Party. If the
notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §14 for that Party. Notwithstanding any provision
of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any other remedy in the Agreement
in order to protect the public interest of the State.
14. REMEDIES
A. State’s Remedies
If Local Agency is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §13.B, shall have all of the remedies listed in this §14.A. in addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach
In the event of Local Agency’s uncured breach, the State may terminate this entire Agreement or any part of this Agreement. Local Agency shall continue performance of this Agreement to the extent not terminated, if any.
a. Obligations and Rights
To the extent specified in any termination notice, Local Agency shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Local Agency shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do
so within this Agreement’s terms. At the request of the State, Local Agency shall assign to the State all of Local Agency's rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Local Agency shall take timely, reasonable and necessary action to protect and preserve property in the possession of Local Agency but in which the State has an interest. At the State’s request, Local Agency shall return materials owned by the State in Local Agency’s possession at the time of any termination. Local Agency shall deliver all completed Work Product and all Work
Product that was in the process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Local Agency for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Local Agency was not in breach or that Local Agency's action or inaction was excusable, such termination shall be treated as a termination in the public interest, and the rights and obligations of the Parties shall be as if this Agreement had been terminated in the public interest under §2.C.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Local Agency shall remain liable to the State for any damages sustained by the State in connection with any breach by Local Agency, and
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the State may withhold payment to Local Agency for the purpose of mitigating the State’s damages
until such time as the exact amount of damages due to the State from Local Agency is determined. The State may withhold any amount that may be due Local Agency as the State deems necessary to
protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Local Agency’s performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Local Agency to an adjustment in price or cost or an adjustment in the performance schedule. Local Agency shall promptly cease
performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Local Agency after the suspension of performance.
b. Withhold Payment
Withhold payment to Local Agency until Local Agency corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Local Agency’s actions or inactions, cannot
be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal from the Work of any of Local Agency’s employees, agents, or
Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by
the State to be contrary to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes a patent, copyright, trademark, trade secret, or other intellectual property right, Local Agency shall, as approved by the State (a) secure that right to use such Work for the State or Local Agency; (b) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or, (c) remove any infringing Work and refund the amount paid for such Work to the
State.
B. Local Agency’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Local Agency, following the notice and cure period in §13.B and the dispute resolution process in §15 shall have all remedies
available at law and equity.
15. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Local
Agency for resolution.
B. Resolution of Controversies
If the initial resolution described in §15.A fails to resolve the dispute within 10 Business Days, Contractor shall submit any alleged breach of this Contract by the State to the Procurement Official of CDOT as described in §24-101-301(30), C.R.S. for resolution in accordance with the provisions of §§24-106-109, 24-109-101.1, 24-109-101.5, 24-109-106, 24-109-107, 24-109-201 through 24-109-206, and 24-109-501
through 24-109-505, C.R.S., (the “Resolution Statutes”), except that if Contractor wishes to challenge any decision rendered by the Procurement Official, Contractor’s challenge shall be an appeal to the executive
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director of the Department of Personnel and Administration, or their delegate, under the Resolution Statutes
before Contractor pursues any further action as permitted by such statutes. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations.
16. NOTICES AND REPRESENTATIVESIVES
Each individual identified below shall be the principal representative of the designating Party. All notices required
or permitted to be given under this Agreement shall be in writing, and shall be delivered (i) by hand with receipt required, (ii) by certified or registered mail to such Party’s principal representative at the address set forth below
or (iii) as an email with read receipt requested to the principal representative at the email address, if any, set forth below. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party
has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party’s principal representative at the address set
forth below. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §16 without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
For the State
Colorado Department of Transportation (CDOT)
Wendy Williams, Project Manager II
CDOT
2829 W. Howard Place
Denver, CO 80204
303-757-9002
wendy.williams@state.co.us
For the Local Agency
CITY OF WHEAT RIDGE
Mark Westberg, Projects Supervisor
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80033
303-235-2826
mwestberg@ci.wheatridge.co.us
yyyyyyy 17. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION OTHER INFORMATION
A. Work Product
Local Agency hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Local Agency or any Subcontractors. Local Agency assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product and all works based on, derived from, or incorporating the Work Product. Whether or not Local Agency is under contract with the State at the time, Local Agency shall execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the Work Product. The Parties intend the Work Product to be works made for hire.
i. Copyrights
To the extent that the Work Product (or any portion of the Work Product) would not be considered works made for hire under applicable law, Local Agency hereby assigns to the State, the entire right, title, and interest in and to copyrights in all Work Product and all works based upon, derived from, or incorporating the Work Product; all copyright applications, registrations, extensions, or renewals relating to all Work
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Product and all works based upon, derived from, or incorporating the Work Product; and all moral rights
or similar rights with respect to the Work Product throughout the world. To the extent that Local Agency cannot make any of the assignments required by this section, Local Agency hereby grants to the State a
perpetual, irrevocable, royalty-free license to use, modify, copy, publish, display, perform, transfer, distribute, sell, and create derivative works of the Work Product and all works based upon, derived from,
or incorporating the Work Product by all means and methods and in any format now known or invented in the future. The State may assign and license its rights under this license.
ii. Patents
In addition, Local Agency grants to the State (and to recipients of Work Product distributed by or on
behalf of the State) a perpetual, worldwide, no-charge, royalty-free, irrevocable patent license to make, have made, use, distribute, sell, offer for sale, import, transfer, and otherwise utilize, operate, modify
and propagate the contents of the Work Product. Such license applies only to those patent claims licensable by Local Agency that are necessarily infringed by the Work Product alone, or by the
combination of the Work Product with anything else used by the State.
iii. Assignments and Assistance
Whether or not the Local Agency is under Agreement with the State at the time, Local Agency shall execute applications, assignments, and other documents, and shall render all other reasonable assistance
requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the Work Product. The Parties intend the Work Product to be works made for
hire. Local Agency assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product and all works based on, derived from, or incorporating the Work Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State Records, State
software, research, reports, studies, photographs, negatives, or other documents, drawings, models, materials, data, and information shall be the exclusive property of the State (collectively, “State Materials”). Local Agency shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Local Agency’s obligations in this Agreement without the prior written consent of the State. Upon termination of this Agreement for any reason, Local Agency shall provide all Work Product and State Materials to the State in a form and manner as directed by the State.
C. Exclusive Property of Local Agency
Local Agency retains the exclusive rights, title, and ownership to any and all pre-existing materials owned
or licensed to Local Agency including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Local Agency under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Local Agency Property”). Local Agency Property shall be licensed to the State as set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open
source software, the license terms set forth in the applicable open source license agreement.
18. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. The following applies through June 30, 2022: 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, protections, or other provisions, contained in these statutes.
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM CO
If the maximum amount payable to Local Agency under this Agreement is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 shall apply. Local Agency agrees to be governed by and comply with the provisions of §24-106-103, §24-102-206, §24-106-106, §24-106-107 C.R.S. regarding the monitoring
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of vendor performance and the reporting of contract performance information in the State’s contract management
system (“Contract Management System” or “CMS”). Local Agency’s performance shall be subject to evaluation and review in accordance with the terms and conditions of this Agreement, Colorado statutes governing CMS,
and State Fiscal Rules and State Controller policies.
20. GENERAL PROVISIONS
A. Assignment
Local Agency’s rights and obligations under this Agreement are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Local Agency’s rights and obligations approved by the
State shall be subject to the provisions of this Agreement
B. Subcontracts
Local Agency shall not enter into any subcontract in connection with its obligations under this Agreement without the prior, written approval of the State. Local Agency shall submit to the State a copy of each such
subcontract upon request by the State. All subcontracts entered into by Local Agency in connection with this Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are
governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement.
C. Binding Effect
Except as otherwise provided in §20.A. all provisions of this Agreement, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference.
H. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
I. Jurisdiction and Venue
All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
J. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
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applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than contract amendments, shall conform to the policies promulgated by the Colorado State Controller.
K. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
L. Order of Precedence
In the event of a conflict or inconsistency between this Agreement and any exhibits or attachment such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
i. The provisions of the other sections of the main body of this Agreement. ii. Exhibit N, Federal Treasury Provisions
iii. Exhibit F-2, Certification for Federal-Aid Contracts iv. Exhibit G-2, Disadvantaged Business Enterprise
v. Exhibit I-2, Federal-Aid Contract Provisions for Construction Contracts vi. Exhibit J-2, Additional Federal Requirements
vii. Exhibit K-2, Federal Funding Accountability and Transparency Act of 2006 (FFATA) Supplemental Federal Provisions
viii. Exhibit L-1, Sample Sub-Recipient Monitoring and Risk Assessment Form ix. Exhibit M-1, Supplemental Provisions for Federal Awards Subject to The Office of Management
and Budget Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal Awards (the “Uniform Guidance”)
x. Exhibit O, Agreement with Subrecipient of Federal Recovery Funds. xi. Exhibit R. Applicable Federal Awards
xii. Colorado Special Provisions in the main body of this Agreement. xiii. Exhibit A-2, Statement of Work.
xiv. Exhibit H-2, Local Agency Procedures for Consultant Services xv. Exhibit B-2, Sample Option Letter. xvi. Exhibit C-6, Funding Provisions. xvii. Exhibit P, SLFRF Subrecipient Quarterly Report. xviii. Exhibit Q, SLFRF Reporting Modification Form. xix. Exhibit D-2, Local Agency Resolution.
xx. Exhibit E-2, Local Agency Contract Administration Checklist. xxi. Exhibit S, Checklist of Required Exhibits Dependent on Funding Source.
xxii. Other exhibits in descending order of their attachment.
M. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Agreement in accordance with the intent of the Agreement.
N. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of the Agreement shall survive the termination or expiration of the Agreement and shall be enforceable by the other Party.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §20.C, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties.
P. Waiver
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A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107 C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Local Agency shall perform its obligations under this Agreement in accordance with the highest standards of care, skill and diligence in Local Agency’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations.
Local Agency shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Agreement, and shall ensure that all employees, agents and Subcontractors
secure and maintain at all times during the term of their employment, agency or subcontract, all license, certifications, permits and other authorizations required to perform their obligations in relation to this
Agreement.
T. Compliance with State and Federal Law, Regulations, and Executive Orders
Local Agency shall comply with all State and Federal law, regulations, executive orders, State and Federal Awarding Agency policies, procedures, directives, and reporting requirements at all times during the term of
this Agreement.
U. Accessibility
Local Agency shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973, as amended, and §§24-85-101, et seq., C.R.S. Local Agency shall comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards and
available at https://www.w3.org/TR/WCAG21/.
V. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of whether any political subdivision of the state imposes such taxes on Local Agency. Local Agency shall be solely responsible for any exemptions from the collection of excise, sales or use taxes that Local Agency may
wish to have in place in connection with this Agreement.
21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)3-3)
These Special Provisions apply to all contracts except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the
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Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq. C.R.S. 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, protections, or other provisions,
contained in these statutes.
D. INDEPENDENT CONTRACTOR
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 deemed to be an agent or employee of the State.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor’s liability that is not void under this section shall apply only
in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain 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 provision, the State may exercise any remedy available at law or in 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.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S.
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. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:
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(i)unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or
other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Divisionof the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation
Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action.The State may also recover, at the State’s discretion, payments made to Contractor in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds receivedby Contractor by deduction from subsequent payments under this Contract, deduction from any payment due
under any other contracts, grants or agreements between the State and Contractor, or by any other appropriatemethod for collecting debts owed to the State.
K.PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty
of perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States pursuant to federallaw, (ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form
of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract.
22. FEDERAL REQUIREMENTS
Local Agency and/or their contractors, subcontractors, and consultants shall at all times during the execution of this Agreement strictly adhere to, and comply with, all applicable federal and State laws, and their implementing
regulations, as they currently exist and may hereafter be amended. A summary of applicable federal provisions are attached hereto as Exhibit F-2, Exhibit I-2, Exhibit J-2, Exhibit K-2, Exhibit M-1, Exhibit N
and Exhibit O are hereby incorporated by this reference.
23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ENTERPRISE (DBE)
Local Agency will comply with all requirements of Exhibit G-2 and Exhibit E-2, Local Agency Contract Administration Checklist, regarding DBE requirements for the Work, except that if Local Agency desires to use
its own DBE program to implement and administer the DBE provisions of 49 C.F.R. Part 26 under this Agreement, it must submit a copy of its program’s requirements to the State for review and approval before the
execution of this Agreement. If Local Agency uses any State- approved DBE program for this Agreement, Local Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and
other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for
DBE goals and good faith efforts. State approval (if provided) of Local Agency’s DBE program does not waive or modify the sole responsibility of Local Agency for use of its program.
24. DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this
Agreement which is not disposed of by agreement shall be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days
after the date of receipt of a copy of such written decision, Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of CDOT. In connection with any appeal proceeding under
this clause, 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, Local Agency shall proceed diligently with the performance of this Agreement in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals shall be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law.
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Exhibit A-2 - Page 1 of 1
EXHIBIT A-2
SCOPE OF WORK
Name of Project: Project Number: SubAccount #:
If ARPA funds are used all ARPA funds must be encumbered by December 31, 2024. All work funded by ARPA must be completed by December 31, 2026 and all bills must be submitted to CDOT for payment by January 31, 2027. These bills must be paid by CDOT by March 31, 2027.
If this project is funded with Multimodal Transportation & Mitigation Options Funding (MMOF) these funding expenditures must be invoiced by June 1st of the year they expire.
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Wadsworth Blvd Widening: 35th Ave to I-70 NHPP 1211-08621006
Develop an EA (Environmental Assessment) Template and construction plans to widen
Wadsworth Boulevard from 4 (four) lanes to 6 (six) lanes with additional turn lanes at key
congested intersections and medians to better manage access along the corridor. Sidewalks will
be included. Also included, will be new LED street and pedestrian lighting and street-scape
improvements with landscaping and street furniture.
EXHIBIT B-2
SAMPLE IGA OPTION LETTER
Date State Fiscal Year Option Letter No.
Project Code Original Agreement #
Vendor Name:
Option to unilaterally add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous and to update encumbrance amount(s).
Option to unilaterally transfer funds from one phase to another phase.
Option to unilaterally add phasing to include Design, Construction, Environmental,
Utilities, ROW incidentals or Miscellaneous, to update encumbrance amount(s), and
to unilaterally transfer funds from one phase to another phase.
Option to unilaterally extend the term of this Agreement and/or update a Work Phase Performance Period and/or modify OMB Guidance.
Option A In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State hereby
exercises the option to authorize the Local Agency to add a phase and to encumber funds for the phase based on changes in funding availability and authorization. The total encumbrance is (or increased) by $0.00. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C.
Option B
In accordance with the terms of the original Agreement between the State of Colorado, Department of Transportation and the Local Agency, the State hereby exercises the option to transfer funds based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement
and replaces Exhibit C.
Option C
In accordance with the terms of the original Agreement between the State of Colorado, Department of Transportation and the Local Agency, the State hereby exercises the option to 1) release the Local Agency to begin a phase; 2) to encumber
funds for the phase based upon changes in funding availability and authorization; and 3) to transfer funds from phases based on variance in actual phase costs and
Exhibit B-2 - Page 1 of 2
Exhibit B-2 - Page 2 of 2
original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C.
Option D
In accordance with the terms of the original Agreement between the State of Colorado, Department of Transportation and the Local Agency, the State hereby exercises the option extend the term of this Agreement and/or update a Work Phase Performance Period and/or modify information required under the OMB Uniform Guidance, as outlined in Exhibit
C.This is made part of the original Agreement and replaces the Expiration Date shown on
the Signature and Cover Page. Any updated version of Exhibit C shall be attached to anyexecuted Option Letter as Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.).
The effective date of this option letter is upon approval of the State Controller or delegate.
STATE OF COLORADO Jared S. Polis Department of Transportation
By: ___________________________________________ Stephen Harelson, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director
Date: _________________________________________
ALL AGREEMENTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder.
STATE OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD
By: ______________________________________
Colorado Department of Transportation
Date:__________________________________
Federal $ LA Work
Exhibit C-6 – Page 1 of 3
EXHIBIT C-6 – FUNDING PROVISIONS
City of Wheat Ridge; Project # NHPP 1211-086 (21006)
A.Cost of Work EstimateThe Local Agency has estimated the total cost the Work to be $53,320,000.00, which is to be funded asfollows:1.BUDGETED FUNDS
$24,960,000.00
$6,240,000.00
$5,280,000.00
$1,320,000.00
$1,600,000.00
$400,000.00
$3,360,000.00
$1,360,000.00
$5,800,000.00
a.Federal Funds(80% of STP-M Award)b.Local Agency Matching Funds(20% of STP-M Award)
c.Federal Funds(80% of CMAQ Award)d.Local Agency Matching Funds(20% of CMAQ Award)
e.Federal Funds(80% of STBG Award)f.Local Agency Matching Funds(20% of STBG Award)
g.Federal Funds(100% STBG-PDR Award)
h.Federal Funds ARPA US Treasury Expenditure Category EC6(100% RMS Award)
i.State Funds(100% of Faster Safety Award)
j.Federal Funds (100% of Surface Treatment Award) $3,000,000.00 ____________________________________________________________________________________ TOTAL BUDGETED FUNDS $53,320,000.00 ____________________________________________________________________________________
2.OMB UNIFORM GUIDANCE
a.Federal Award Identification Number (FAIN): TBD
b.Name of Federal Awarding Agency: FHWA
c.CFDA # Highway Planning and Construction CFDA 20.205
d.Is the Award for R&D? No
e. Indirect Cost Rate (if applicable) N/A
____________________________________________________________________________________
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a.Federal Funds Budgeted $39,560,000.00
b.State Funds Budgeted $5,800,000.00
c. Less Estimated Federal Share of CDOT-Incurred Costs $0.00 ____________________________________________________________________________________ TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $45,360,000.00 ____________________________________________________________________________________ 4.FOR CDOT ENCUMBRANCE PURPOSES
a.Total Encumbrance Amount $53,320,000.00
b.Less ROW Acquisition 3111 and/or ROW Relocation 3109 $15,000,000.00
Federal 80% of ROW $12,000,000.00
Local Agency 20% of ROW $3,000,000.00 ____________________________________________________________________________________ NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $38,320,000.00 ____________________________________________________________________________________
Note: Only $5,700,000.00 in Design, $1,427,681.00 in Environmental, and $22,872,319.00 in Construction funds are currently available. Additional funds will become available after execution of an Option letter (Exhibit B) or formal Amendment. ____________________________________________________________________________________
WBS Element 21006.10.30
WBS Element 21006.10.40
Performance Period Start*/End Date Design 3020 $5,700,000.00 07/23/2015 – 04/30/2022
Performance Period Start*/End Date Enviro. 3030 $1,427,681.00 07/23/2015 – 04/30/2022
WBS Element 21006.20.10 Performance Period Start*/End Date Const. 3301 $22,872,319.00 04/12/2021 – 06/30/2024 ____________________________________________________________________________________
*The Local Agency should not begin work until all three (3) of the following are in place: 1) Phase
Performance Period Start Date; 2) the execution of the document encumbering funds for the respective phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three
(3) milestones are achieved will not be reimbursable.
B.Matching Funds
The matching ratio for the federal funds for this Work is 80.00% federal (STP-M) funds to 20.00% LocalAgency funds, it being understood that such ratio applies only to the $31,200,000.00 that is eligible for federal funds, it being further understood that all other costs are borne by the Local Agency at 100%.
Also, the matching ratio for the federal funds for this Work is 80.00% federal (CMAQ) funds to 20.00% Local Agency funds, it being understood that such ratio applies only to the $6,600,000.00 that is eligible for federal funds, it being further understood that all other costs are borne by the Local Agency at 100%.
Also, the matching ratio for the federal funds for this Work is 80.00% Federal (STBG) funds to 20.00% Local Agency funds, it being understood that such ratio applies only to the $2,000,000 that is eligible for federal funds, it being further understood that all other costs are borne by the Local Agency at 100%.
Also, the matching ratio for the federal funds for this Work is 100.00% Federal (STBG - PDR) funds to 0.00% Local Agency funds, it being understood that such ratio applies only to the $3,360,000.00 that is eligible for federal funds, it being further understood that all other costs are borne by the Local Agency at 100%.
Also, the matching ratio for the federal funds for this Work is 100.00% Federal (ARPA - RMS) funds to 0.00% Local Agency funds, it being understood that such ratio applies only to the $1,360,000.00 that is eligible for federal funds, it being further understood that all other costs are borne by the Local Agency at 100%.
Also, the matching ratio for the state funds for this Work is 100% State (Faster Safety) funds to 0.00% Local Agency funds, it being understood that such ratio applies only to the $5,800,000.00 that is eligible for state funds, it being further understood that all other costs are borne by the Local Agency at 100%.
Also, the matching ratio for the federal funds for this Work is 100% Federal (Surface Treatment) funds to 0.00% Local Agency funds, it being understood that such ratio applies only to the $3,000,000.00 that is eligible for federal funds, it being further understood that all other costs are borne by the Local Agency at 100%.
If the total cost of performance of the Work exceeds $53,320,000.00, and additional federal funds are made available for the Work, the Local Agency shall pay 20.00% of all such costs eligible for federal funds and 100% of all other costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total cost of performance of the Work is less than $53,320,000.00
Exhibit C-6 – Page 2 of 3
Exhibit C-6 – Page 3 of 3
then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described herein. This applies to the entire scope of Work.
C.Maximum Amount PayableThe maximum amount payable to the Local Agency under this Agreement shall be $33,360,000.00 (federalfunds of $39,560,000.00 and minus federal share of ROW of $12,000,000.00 and the State funds of$5,800,000.00). For CDOT accounting purposes, the federal funds of $27,560,000.00 and the LocalAgency matching funds of $4,960,000.00 (Local Agency funds of $7,960,000.00 minus Local Agencyshare of ROW of $3,000,000.00) and the State funds of $5,800,000.00 will be encumbered for a totalencumbrance of $38,320,000.00, unless this amount is increased by an executed amendment before anyincreased cost is incurred. The total cost of the Work is the best estimate available, based on the designdata as approved at the time of execution of this Agreement, and that any cost is subject to revisions agreedto by the parties prior to bid and award. The maximum amount payable will be reduced without amendmentwhen the actual amount of the Local Agency’s awarded Agreement is less than the budgeted total of thefederal funds and the Local Agency matching funds. The maximum amount payable will be reducedthrough the execution of an Option Letter as described in Section 7. E. of this contract. This applies to theentire scope of Work.
D.Single Audit Act Amendment
All state and local government and non-profit organizations receiving $750,000 or more from all funding
sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply
with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 CFR 18.20
through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving
federal funds are as follows:
i.Expenditure less than $750,000If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not justHighway funds) in its fiscal year then this requirement does not apply.
ii.Expenditure of $750,000 or more-Highway Funds OnlyIf the Local Agency expends $750,000 or more, in Federal funds, but only received federalHighway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specificaudit shall be performed. This audit will examine the “financial” procedures and processes forthis program area.
iii.Expenditure of $750,000 or more-Multiple Funding SourcesIf the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are frommultiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit onthe entire organization/entity.
iv.Independent CPASingle Audit shall only be conducted by an independent CPA, not by an auditor on staff. Anaudit is an allowable direct or indirect cost.
Exhibit D-2 - Page 1 of 1
EXHIBIT D-2
LOCAL AGENCY RESOLUTION (IF APPLICABLE)
CDOT Form 1243 7/17 Page 1 of 4
Previous editions are obsolete and may not be used.
COLORADO DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No.
NHPP 1211-086
STIP No.
SR17012.0018
Project Code
21006
Region
1
Project Location
Wadsworth Blvd Widening: 35th Ave to I-70
Date
07/06/2020
Project Description:
Wadsworth Blvd Widening: 35th Ave to I-70
Local Agency
City of Wheat Ridge
Local Agency Project Manager
Mark Westberg
CDOT Resident Engineer
Maria Hajiaghaee
CDOT Project Manager Wendy Williams
INSTRUCTIONS:
This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement.
The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters
of the CDOT Local Agency Manual.
The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The “X” denotes the
party responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor
the Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, a “#” will denote that CDOT must
concur or approve.
Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established policies and
procedures, will determine who will perform all other tasks that are the responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local
Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the
CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist.
Note:
Failure to comply with applicable Federal and State requirements may result in the loss of Federal or State participation in
funding.
NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
TIP / STIP AND LONG-RANGE PLANS
2.1 Review Project to ensure it is consistent with STIP and amendments thereto X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4.1 Authorize funding by phases (CDOT Form 418 - Federal-aid Program Data. Requires FHWA
concurrence/involvement) X
PROJECT DEVELOPMENT
5.1 Prepare Design Data - CDOT Form 463 X #
5.2 Prepare Local Agency/CDOT Inter-Governmental Agreement (see also Chapter 3) X
5.3 Conduct Consultant Selection/Execute Consultant Agreement •Project Development
•Construction Contract Administration (including Fabrication Inspection Services)
X
X
#
5.4 Conduct Design Scoping Review Meeting X X
5.5 Conduct Public Involvement X
5.6 Conduct Field Inspection Review (FIR) X X
5.7 Conduct Environmental Processes (may require FHWA concurrence/involvement) X #
5.8 Acquire Right-of-Way (may require FHWA concurrence/involvement) X #
5.9 Obtain Utility and Railroad Agreements X #
5.10 Conduct Final Office Review (FOR) X X
EXHIBIT E-2LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Exhibit E-2 - Page 1 of 4
CDOT Form 1243 7/17 Page 2 of 4
Previous editions are obsolete and may not be used.
NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
5.11 Justify Force Account Work by the Local Agency X #
5.12 Justify Proprietary, Sole Source, or Local Agency Furnished Items X #
5.13 Document Design Exceptions - CDOT Form 464 X #
5.14 Prepare Plans, Specifications, Construction Cost Estimates and Submittals X #
5.15 Ensure Authorization of Funds for Construction X
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6.1 Set Disadvantaged Business Enterprise (DBE) Goals for Consultant and Construction
Contracts (CDOT Region EEO/Civil Rights Specialist).
X X
6.2 Determine Applicability of Davis-Bacon Act
This project is is not exempt from Davis-Bacon requirements as determined by the
functional classification of the project location (Projects located on local roads and rural
minor collectors may be exempt.)
Maria Hajiaghaee 08/26/2019
CDOT Resident Engineer (Signature on File) Date
X
6.3 Set On-the-Job Training Goals (CDOT Region EEO/Civil Rights Specialist) X
6.4 Title VI Assurances X X
Ensure the correct Federal Wage Decision, all required Disadvantaged Business
Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the
Contract (CDOT Resident Engineer)
X X
ADVERTISE, BID AND AWARD of CONSTRUCTION PROJECTS
7.1 Obtain Approval for Advertisement Period of Less Than Three Weeks X #
7.2 Advertise for Bids X
7.3 Distribute “Advertisement Set” of Plans and Specifications X
7.4 Review Worksite and Plan Details with Prospective Bidders While Project Is Under
Advertisement
X
7.5 Open Bids X
7.6 Process Bids for Compliance
Check CDOT Form 1415 – Commitment Confirmation when the low bidder meets DBE goals X
Evaluate CDOT Form 1416 - Good Faith Effort Report and determine if the Contractor has
made a good faith effort when the low bidder does not meet DBE goals X
Submit required documentation for CDOT award concurrence X
7.7 Concurrence from CDOT to Award X
7.8 Approve Rejection of Low Bidder X
7.9 Award Contract X #
7.10 Provide “Award” and “Record” Sets of Plans and Specifications X
CONSTRUCTION MANAGEMENT
8.1 Issue Notice to Proceed to the Contractor X #
8.2 Project Safety X #
8.3 Conduct Conferences:
Pre-Construction Conference (Appendix B)
•Fabrication Inspection Notifications X
Pre-survey
•Construction staking
•Monumentation
X
X
Partnering (Optional) X
Structural Concrete Pre-Pour (Agenda is in CDOT Construction Manual) X
Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual) X
HMA Pre-Paving (Agenda is in CDOT Construction Manual) X
8.4 Develop and distribute Public Notice of Planned Construction to media and local residents X
Exhibit E-2 - Page 2 of 4
CDOT Form 1243 7/17 Page 3 of 4
Previous editions are obsolete and may not be used.
NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
8.5 Supervise Construction
A Professional Engineer (PE) registered in Colorado, who will be “in responsible charge of
construction supervision.”
Russ Higgins 303 235-2869
Local Agency Professional Engineer or Phone number
CDOT Resident Engineer
X
Provide competent, experienced staff who will ensure the Contract work is constructed in
accordance with the plans and specifications X
Construction inspection and documentation X
Fabrication Inspection and documentation X
8.6 Approve Shop Drawings X
8.7 Perform Traffic Control Inspections X
8.8 Perform Construction Surveying X
8.9 Monument Right-of-Way X
8.10 Prepare and Approve Interim and Final Contractor Pay Estimates. Collect and review CDOT
Form 1418 (or equivalent)
Provide the name and phone number of the person authorized for this task.
Russ Higgins 303 235-2869
Local Agency Representative Phone number
8.11 Prepare and Approve Interim and Final Utility and Railroad Billings X
8.12 Prepare and Authorize Change Orders X #
8.13 Submit Change Order Package to CDOT X
8.14 Prepare Local Agency Reimbursement Requests X
8.15 Monitor Project Financial Status X
8.16 Prepare and Submit Monthly Progress Reports X
8.17 Resolve Contractor Claims and Disputes X
8.18 Conduct Routine and Random Project Reviews
Provide the name and phone number of the person responsible for this task.
Neal Retzger 720 497 6954
CDOT Resident Engineer Phone number
X
8.19 Ongoing Oversight of DBE Participation X #
MATERIALS
9.1 Discuss Materials at Pre-Construction Meeting
•Buy America documentation required prior to installation of steel
X #
9.2 Complete CDOT Form 250 - Materials Documentation Record
•Generate form, which includes determining the minimum number of required tests and
applicable material submittals for all materials placed on the project
•Update the form as work progresses
•Complete and distribute form after work is completed
X
X
X
9.3 Perform Project Acceptance Samples and Tests X
9.4 Perform Laboratory Verification Tests X
9.5 Accept Manufactured Products
Inspection of structural components:
•Fabrication of structural steel and pre-stressed concrete structural components
•Bridge modular expansion devices (0” to 6” or greater)
•Fabrication of bearing devices
X
X
X
X
9.6 Approve Sources of Materials X
9.7 Independent Assurance Testing (IAT), Local Agency Procedures CDOT Procedures
•Generate IAT schedule•Schedule and provide notification
•Conduct IAT
X
X
X
Exhibit E-2 - Page 3 of 4
CDOT Form 1243 7/17 Page 4 of 4
Previous editions are obsolete and may not be used.
NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
9.8 Approve mix designs
•Concrete•Hot mix asphalt
X
X
X
X
9.9 Check Final Materials Documentation X #
9.10 Complete and Distribute Final Materials Documentation X
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10.1 Fulfill Project Bulletin Board and Pre-Construction Packet Requirements X
10.2 Process CDOT Form 205 - Sublet Permit Application
Review and sign completed CDOT Form 205 for each subcontractor, and submit to
EEO/Civil Rights Specialist
X #
10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee
Interviews. Complete CDOT Form 280
X
10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the
“Commercially Useful Function” Requirements
X
10.5 Conduct Interviews When Project Utilizes On-the-Job Trainees.
•Complete CDOT Form 1337 – Contractor Commitment to Meet OJT Requirements.
•Complete CDOT Form 838 – OJT Trainee / Apprentice Record.
•Complete CDOT Form 200 - OJT Training Questionnaire
X
X
X
X
10.6 Check Certified Payrolls (Contact the Region EEO/Civil Rights Specialists for training requirements.) X
10.7 Submit FHWA Form 1391 - Highway Construction Contractor’s Annual EEO Report X
FINALS
11.1 Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final
Acceptance Report (Resident Engineer with mandatory Local Agency participation.)
X
11.2 Write Final Project Acceptance Letter X #
11.3 Advertise for Final Settlement X #
11.4 Prepare and Distribute Final As-Constructed Plans X #
11.5 Prepare EEO Certification and Collect EEO Forms X #
11.6 Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and submit
Final Certifications
X #
11.7 Check Material Documentation and Accept Final Material Certification (See Chapter 9) X #
11.8 Obtain CDOT Form 1419 from the Contractor and Submit to the CDOT Project Manager X #
11.9 (FHWA Form 47 discontinued) NA
11.10 Complete and Submit CDOT Form 1212 – Final Acceptance Report (by CDOT) X
11.11 Process Final Payment X X
11.12 Complete and Submit CDOT Form 950 - Project Closure X
11.13 Retain Project Records for Six Years from Date of Project Closure X X
11.14 Retain Final Version of Local Agency Contract Administration Checklist X X
cc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer
CDOT Region EEO/Civil Rights Specialist
CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Local Agency Project Manager
Exhibit E-2 - Page 4 of 4
Exhibit F-2 - Page 1 of 1
EXHIBIT F-2
CERTIFICATION FOR FEDERAL-AID CONTRACTS
The Local Agency certifies, by signing this Agreement, to the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, Agreement, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer of Congress, or an employee of a Member of Congress in connection with this Federal contract, Agreement, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-
recipients shall certify and disclose accordingly.
Exhibit G-2 - Page 1 of 1
EXHIBIT G-2
DISADVANTAGED BUSINESS ENTERPRISE
SECTION 1. Policy.
It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 26. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement.
SECTION 2. DBE Obligation.
The recipient or its the Local Agency agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted contracts.
SECTION 3 DBE Program.
The Local Agency (sub-recipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. (If applicable).
A copy of the DBE Program is available from and will be mailed to the Local Agency upon request: Business
Programs Office
Colorado Department of Transportation 2829 West Howard Place
Denver, Colorado 80204
Phone: (303) 757-9007
REQUIRED BY 49 CFR PART 26
Exhibit H-2 - Page 1 of 2
EXHIBIT H-2
LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded Local Agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172.1 states “The policies and procedures involve federally funded contracts for engineering and design related services for projects subject to the provisions of 23 U.S.C. 112(a) and are issued to ensure that a qualified consultant is obtained through an equitable selection process, that prescribed work is properly accomplished in a timely manner, and at fair and reasonable cost” and according to 23 CFR 172.5 “Price shall not be used as a factor in the analysis and selection phase.” Therefore, local agencies must comply with these CFR requirements when obtaining professional consultant services under a federally funded consultant contract administered by CDOT.
CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and CRS §24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR 172].
Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short-hand guide to CDOT procedures that a Local Agency must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR 172. The steps are:
1.The contracting Local Agency shall document the need for obtaining professional services.
2.Prior to solicitation for consultant services, the contracting Local Agency shall develop a detailed scope ofwork and a list of evaluation factors and their relative importance. The evaluation factors are those identified inC.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations.
3.The contracting agency must advertise for contracts in conformity with the requirements of C.R.S. 24-30-1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of
the three most qualified firms and the advertising should be done in one or more daily newspapers of generalcirculation.
4.The Local Agency shall not advertise any federal aid contract without prior review by the CDOT RegionalCivil Rights Office (RCRO) to determine whether the contract shall be subject to a DBE contract goal. If theRCRO determines a goal is necessary, then the Local Agency shall include the goal and the applicable provisionswithin the advertisement. The Local Agency shall not award a contract to any Contractor or Consultant without
the confirmation by the CDOT Civil Rights and Business Resource Center that the Contractor or Consultant hasdemonstrated good faith efforts. The Local Agency shall work with the CDOT RCRO to ensure compliance with
the established terms during the performance of the contract.
5.The Local Agency shall require that all contractors pay subcontractors for satisfactory performance of workno later than 30 days after the receipt of payment for that work from the contractor. For construction projects, thistime period shall be reduced to seven days in accordance with Colorado Revised Statute 24-91-103(2). If the LocalAgency withholds retainage from contractors and/or allows contractors to withhold retainage fromsubcontractors, such retainage provisions must comply with 49 CFR 26.29.
6.Payments to all Subconsultants shall be made within thirty days of receipt of payment from [the LocalAgency] or no later than ninety days from the date of the submission of a complete invoice from theSubconsultant, whichever occurs first. If the Consultant has good cause to dispute an amount invoiced by aSubconsultant, the Consultant shall notify [the Local Agency] no later than the required date for payment. Suchnotification shall include the amount disputed and justification for the withholding. The Consultant shallmaintain records of payment that show amounts paid to all Subconsultants. Good cause does not include theConsultant’s failure to submit an invoice to the Local Agency or to deposit payments made.
7.The analysis and selection of the consultants shall be done in accordance with CRS §24-30-1403. This sectionof the regulation identifies the criteria to be used in the evaluation of CDOT pre-qualified prime consultants andtheir team. It also shows which criteria are used to short-list and to make a final selection.
The short-list is based on the following evaluation factors:
a.Qualifications,
Exhibit H-2 - Page 2 of 2
b.Approach to the Work,
c.Ability to furnish professional services.
d.Anticipated design concepts, and
e.Alternative methods of approach for furnishing the professional services. Evaluation factors for final
selection are the consultant's:
a.Abilities of their personnel,
b.Past performance,
c.Willingness to meet the time and budget requirement,
d.Location,
e.Current and projected work load,
f.Volume of previously awarded contracts, and
g.Involvement of minority consultants.
8.Once a consultant is selected, the Local Agency enters into negotiations with the consultant to obtain a fairand reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to begreater than $50,000. Federal reimbursements for costs are limited to those costs allowable under the costprinciples of 48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration,and degree of risk involved in the work. Profit is in the range of six to 15 percent of the total direct and indirectcosts.
9.A qualified Local Agency employee shall be responsible and in charge of the Work to ensure that the work
being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract.At the end of Work, the Local Agency prepares a performance evaluation (a CDOT form is available) on the
consultant.
CRS §§24-30-1401 THROUGH 24-30-1408, 23 CFR PART 172, AND P.D. 400.1, PROVIDE ADDITIONAL
DETAILS FOR COMPLYING WITH THE PRECEEDING EIGHT (8) STEPS.
Exhibit I-2 - Page 1 of 11
EXHIBIT I-2
FEDERAL-AID CONTRACT PROVISIONS FOR CONSTRUCTION CONTRACTS
I.GeneralII.NondiscriminationIII.Nonsegregated FacilitiesIV.Davis-Bacon and Related Act ProvisionsV.Contract Work Hours and Safety Standards ActProvisions VI.Subletting or Assigning the Contract VII.Safety: Accident Prevention VIII.False Statements Concerning Highway ProjectsIX.Implementation of Clean Air Act and Federal Water Pollution Control Act X.Compliance with Government wide Suspension andDebarment RequirementsXI.Certification Regarding Use of Contract Funds for Lobbying
ATTACHMENTS
A. Employment and Materials Preference for AppalachianDevelopment Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)
I. GENERAL
1.Form FHWA-1273 must be physically incorporated in eachconstruction contract funded under Title 23 (excluding emergencycontracts solely intended for debris removal). The contractor (orsubcontractor) must insert this form in each subcontract and furtherrequire its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies orservices).
The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract).
2.Subject to the applicability criteria noted in the following sections,these contract provisions shall apply to all work performed on thecontract by the contractor's own organization and with the assistanceof workers under the contractor's immediate superintendence and toall work performed on the contract by piecework, station work, or by subcontract.
3.A breach of any of the stipulations contained in these Required ContractProvisions may be sufficient grounds for withholding of progress payments,withholding of final payment, termination of the contract, suspension/debarmentor any other action determined to be appropriate by the contracting agency and FHWA.
4.Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highwaydoes not include roadways functionally classified as local roads or rural minorcollectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.
1.Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) 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 provisions of the Americans with Disabilities Act of 1990 (42U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 areincorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
Exhibit I-2 - Page 2 of 11
a. The contractor will work with the contracting agency and theFederal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its termsand conditions of employment and in their review of activities under the contract.
b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants areemployed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the- job training."
2.EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting anactive EEO program and who must be assigned adequate authority andresponsibility to do so.
3.Dissemination of Policy: All members of the contractor's staffwho are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and willimplement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, thefollowing actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employeeswill be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be givena thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for theproject will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy willbe placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.
4.Recruitment: When advertising for employees, the contractor willinclude in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women inthe area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreementproviding for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees.
5.Personnel Actions: Wages, working conditions, and employeebenefits shall be established and administered, and personnel actions ofevery type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color,religion, sex, national origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites toinsure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paidwithin each classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actionsin depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of allegeddiscrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6.Training and Promotion: The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who areapplicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type oftrade or job classification involved.
a. Consistent with the contractor's work force requirements and aspermissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
b. The contractor will advise employees and applicants for employment of available training programs and entrance requirements foreach.
c. The contractor will periodically review the training and promotionpotential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
Exhibit I-2 - Page 3 of 11
7.Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtainthe cooperation of such unions to increase opportunities for minoritiesand women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures setforth below:
a. The contractor will use good faith efforts to develop, incooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEOclause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral practicesand policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
8.Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements forand comply with the Americans with Disabilities Act and all rules andregulations established there under. Employers must provide reasonable accommodation in all employment activities unless to doso would cause an undue hardship.
9.Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on thegrounds of race, color, religion, sex, national origin, age or disabilityin the selection and retention of subcontractors, including procurementof materials and leases of equipment. The contractor shall take allnecessary and reasonable steps to ensure nondiscrimination in theadministration of this contract.
a. The contractor shall notify all potential subcontractors andsuppliers and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10.Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State DOT’sU.S. DOT-approved DBE program are incorporated by reference.
b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.
The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.
11.Records and Reports: The contractor shall keep such records asnecessary to document compliance with the EEO requirements. Suchrecords shall be retained for a period of three years following the date of thefinal payment to the contractor for all contract work and shall beavailable at reasonable times and places for inspection by authorizedrepresentatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non- minoritygroup members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual report tothe contracting agency each July for the duration of the project, indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the- job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATEDFACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single- user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects.
Exhibit I-2 - Page 4 of 11
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.
1.Minimum wages:
a. All laborers and mechanics employed or working upon the siteof the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of laborersor mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(i)The work to be performed by the classification requested isnot performed by a classification in the wage determination; and
(ii)The classification is utilized in the area by the constructionindustry; and
(iii)The proposed wage rate, including any bona fide fringebenefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2)If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, andthe contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits whereappropriate), a report of the action taken shall be sent by thecontracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department ofLabor, Washington, DC 20210. The Administrator, or an authorizedrepresentative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise thecontracting officer or will notify the contracting officer within the 30- day period that additional time is necessary.
(3)In the event the contractor, the laborers or mechanics to beemployed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(4)The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the contract for aclass of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other thirdperson, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account, assets for the meeting of obligations under the plan or program.
Exhibit I-2 - Page 5 of 11
2.Withholding:
The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3.Payrolls and basic records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a periodof three years thereafter for all laborers and mechanics working at thesite of the work. Such records shall contain the name, address, andsocial security number of each such worker, his or her correctclassification, hourly rates of wages paid (including rates ofcontributions or costs anticipated for bona fide fringe benefits or cashequivalents thereof of the types described in section 1(b)(2)(B) of theDavis- Bacon Act), daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary ofLabor has found under 29 CFR 5.5(a)(1)(iv) that the wages of anylaborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described insection 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintainrecords which show that the commitment to provide such benefits isenforceable, that the plan or program is financially responsible, andthat the plan or program has been communicated in writing to thelaborers or mechanics affected, and records which show the costsanticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approvedprograms shall maintain written evidence of the registration ofapprenticeship programs and certification of trainee programs, theregistration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contractingagency. The payrolls submitted shall set out accurately and completelyall of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and homeaddresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying numberfor each employee (e.g., the last four digits of the employee's socialsecurity number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is availablefor this purpose from the Wage and Hour Division Web site athttp://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shallmaintain the full social security number and current address of each covered worker, and shall provide them upon request to the contractingagency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements.
It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.
(2) Each payroll submitted shall be accompanied by a “Statement ofCompliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under §5.5(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFRpart 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper,apprentice, and trainee) employed on the contract during thepayroll period has been paid the full weekly wages earned, without rebate, either directlyor 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 Regulations, 29 CFR part3;
(iii) That each laborer or mechanic has been paid not less than theapplicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(3) The weekly submission of a properly executed certification set forthon the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” requiredby paragraph 3.b.(2) of this section.
(4) The falsification of any of the above certifications may subject thecontractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, ortranscription by authorized representatives of the contracting agency, theState DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. Ifthe contractor or subcontractor fails to submit the required records or tomake them available, the FHWA may, after written notice to thecontractor, the contracting agency or the State DOT, take such action asmay be necessary to cause the suspension of any further payment,advance, or guarantee of funds. Furthermore, failure to submit the requiredrecords upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4.Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.
Exhibit I-2 - Page 6 of 11
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.
The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.
Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices.
Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
c. Equal employment opportunity.
The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S.DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal- aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.
5.Compliance with Copeland Act requirements. The contractor shallcomply with the requirements of 29 CFR part 3, which are incorporatedby reference in this contract.
6.Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors toinclude Form FHWA-1273 in any lower tier subcontracts. The primecontractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
7.Contract termination: debarment. A breach of the contract clausesin 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR5.12.
8.Compliance with Davis-Bacon and Related Act requirements. Allrulings and interpretations of the Davis-Bacon and Related Actscontained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
9.Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forthin 29 CFR parts 5, 6, and7. Disputes within the meaning of this clause include disputes betweenthe contractor (or any of its subcontractors) and the contracting agency,the U.S. Department of Labor, or the employees or their representatives.
Exhibit I-2 - Page 7 of 11
10.Certification of eligibility:
a. By entering into this contract, the contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in thecontractor's firm is a person or firm ineligible to be awardedGovernment contracts by virtue of section 3(a) of the Davis-Bacon Actor 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR5.12(a)(1).
c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS ANDSAFETY STANDARDS ACT
The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require orinvolve the employment of laborers or mechanics shall require orpermit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In theevent of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the 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 or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forthin paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages. TheFHWA or the contacting agency shall upon its own action or uponwritten request of an authorized representative of the Department ofLabor withhold or cause to be withheld, from any moneys payable onaccount of work performed by the contractor or subcontractor underany such contract or any other Federal contract with the same primecontractor, or any other federally-assisted contract subject to theContract Work Hours and Safety Standards Act, which is held by thesame prime contractor, such sums as may be determined to benecessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause setforth in paragraph (2.) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tiersubcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System.
1.The contractor shall perform with its own organization contract workamounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price,excluding any specialty items designated by the contracting agency.Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leasedemployees from an employee leasing firm meeting all relevant Federaland State regulatory requirements. Leased employees may only beincluded in this term if the prime contractor meets all of the followingconditions:
(1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or excludeindividual employees from work on the project; and (4) the prime contractor remains ultimately responsible for thepayment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified andexpected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract.
2.The contract amount upon which the requirements set forth inparagraph (1) of Section VI is computed includes the cost of material andmanufactured products which are to be purchased or produced by thecontractor under the contract provisions.
3.The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to directperformance of the work in accordance with the contract requirements,and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources(supervision, management, and engineering services) as the contractingofficer determines is necessary to assure the performance of the contract.
Exhibit I-2 - Page 8 of 11
4.No portion of the contract shall be sublet, assigned or otherwisedisposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced inwriting and that it contains all pertinent provisions and requirements of the prime contract
5.The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1.In the performance of this contract the contractor shall comply withall applicable Federal, State, and local laws governing safety, health,and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any otherneeded actions as it determines, or as the contracting officer maydetermine, to be reasonably necessary to protect the life and health ofemployees on the job and the safety of the public and to protectproperty in connection with the performance of the work covered bythe contract.
2.It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit anyemployee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her 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 Hoursand Safety Standards Act (40 U.S.C. 3704).
3.Pursuant to 29 CFR 1926.3, it is a condition of this contract that theSecretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards andto carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT ANDFEDERAL WATER POLLUTION CONTROLACT
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:
1.That any person who is or will be utilized in the performance of thiscontract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.
2.That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract,and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.
X. CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARYEXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200.
1.Instructions for Certification– First Tier Participants:
a. By signing and submitting this proposal, the prospective first tierparticipant is providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered
transaction. The prospective first tier participant shall submit anexplanation of why it cannot provide the certification set out below.
Exhibit I-2 - Page 9 of 11
The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learnsthat its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarilyexcluded," as used in this clause, are defined in 2 CFR Parts 180and 1200. “First Tier Covered Transactions” refers to anycovered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any coveredtransaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or generalcontractor). “Lower Tier Participant” refers any participant whohas entered into a covered transaction with a First TierParticipant or other Lower Tier Participants (such assubcontractors and suppliers).
f. The prospective first tier participant agrees by submitting thisproposal that, should the proposed covered transaction be enteredinto, it shall not knowingly enter into any lower tier coveredtransaction with a person who is debarred, suspended, declaredineligible, or voluntarily excluded from participation in thiscovered transaction, unless authorized by the department oragency entering intothis transaction.
g. The prospective first tier participant further agrees by submittingthis proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and VoluntaryExclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier coveredtransactions and in all solicitations for lower tier coveredtransactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, orvoluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in coveredtransactions. To verify the eligibility of its principals, as well asthe eligibility of any lower tier prospective participants, eachparticipant may, but is not required to, check the ExcludedParties List System website (https://www.epls.gov/), which iscompiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to require theestablishment of a system of records in order to render in good faiththe certification required by this clause. The knowledge and information of the prospective 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 remediesavailable to the Federal Government, the department or agency mayterminate this transaction for cause or default.
** * * *
2.Certification Regarding Debarment, Suspension, Ineligibilityand Voluntary Exclusion – First Tier Participants:
a.The prospective first tier participant certifies to the best of itsknowledge and belief, that it and its principals:
(1)Are not presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
(2)Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(3)Are not presently indicted for or otherwise criminally or civillycharged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph(a)(2) of this certification; and
(4)Have not within a three-year period preceding thisapplication/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.
b.Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
Exhibit I-2 - Page 10 of 11
c. The prospective lower tier participant shall provide immediatewritten notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended,""ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting 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 bysubmitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactionsexceedingthe$25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
** * * *
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:
1.The prospective lower tier participant certifies, by submission ofthis proposal, that neither it nor its principals is presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2.Where the prospective lower tier participant is unable to certify toany of the statements in this certification, such prospective participantshall attach an explanation to this proposal.
** * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20).
1.The prospective participant certifies, by signing and submitting thisbid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, byor on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of anyFederal loan, the entering into of any cooperative agreement, and theextension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paidor will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, anofficer or employee of Congress, or an employee of a Member ofCongress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submitStandard Form-LLL, "Disclosure Form to Report Lobbying," inaccordance with its instructions.
2.This certification is a material representation of fact upon whichreliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or enteringinto this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of notless than $10,000 and not more than $100,000 for each such failure.
3.The prospective participant also agrees by submitting its bid orproposal that the participant 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-2 - Page 11 of 11
ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Actof1965.
1.During the performance of this contract, the contractorundertaking to do work which is, or reasonably may be, done ason-site work, shall give preference to qualified persons whoregularly reside in the labor area as designated by the DOLwherein the contract work is situated, or the subregion, or theAppalachian counties of the State wherein the contract work issituated, except:
a.To the extent that qualified persons regularly residing inthe area are not available.
b.For the reasonable needs of the contractor to employsupervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c.For the obligation of the contractor to offer employment topresent or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph(4) below.
2.The contractor shall place a job order with the StateEmployment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform thecontract work, (b) the number of employees required in eachclassification, (c) the date on which the participant estimatessuch employees will be required, and (d) any other pertinentinformation required by the State Employment Service tocomplete the job order form. The job order may be placed with theState Employment Service in writing or by telephone. If duringthe course of the contract work, the information submitted by thecontractor in the original job order is substantially modified, theparticipant shall promptly notify the State Employment Service.
3.The contractor shall give full consideration to all qualifiedjob applicants referred to him by the State EmploymentService. The contractor is not required to grant employment toany job applicants who, in his opinion, are not qualified toperform the classification of work required.
4.If, within one week following the placing of a job order bythe contractor with the State Employment Service, the StateEmployment Service is unable to refer any qualified jobapplicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to thecontractor indicating the unavailability of applicants. Suchcertificate shall be made a part of the contractor's permanentproject records. Upon receipt of this certificate, the contractormay employ persons who do not normally reside in the labor areato fill positions covered by the certificate, notwithstanding the provisions of subparagraph(1c) above.
5.The provisions of 23 CFR 633.207(e) allow the contractingagency to provide a contractual preference for the use of mineralresource materials native to the Appalachian region.
6.The contractor shall include the provisions of Sections 1through 4 of this Attachment A in every subcontract for workwhich is, or reasonably may be, done as on-site work.
Exhibit J-2 - Page 1 of 11
EXHIBIT J-2
ADDITIONAL FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
Executive Order 11246 Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of $10,000 by the Local Agencys and their contractors or the Local Agencys).
Copeland "Anti-Kickback" Act The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and sub-Agreements for construction or repair).
Davis-Bacon Act
The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by the Local Agencys and the Local Agencys
when required by Federal Agreement program legislation. This act requires that all laborers and mechanics employed by contractors or sub-contractors to work on construction projects financed by federal assistance
must be paid wages not less than those established for the locality of the project by the Secretary of Labor).
Contract Work Hours and Safety Standards Act Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by the Local Agency’s in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers).
Clear Air Act Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and sub-Agreements of amounts in excess of $100,000).
Energy Policy and Conservation Act Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163).
OMB Circulars Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable.
Hatch Act The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs.
Nondiscrimination The Local Agency shall not exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States on the ground of race, color national origin, sex, age or disability. Prior to the receipt of any Federal financial assistance from CDOT, the Local Agency shall execute the attached Standard DOT Title VI assurance. As appropriate, the Local Agency shall include Appendix A, B, or C to the Standard DOT Title VI assurance in any contract utilizing federal funds, land or other aid. The Local Agency shall also include the following in all contract advertisements:
The [Local Agency], in accordance with the provisions of Title VI of the Civil Rights Act
of 1964 (79 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this
advertisement, DBEs will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or
national origin in consideration for any award.
Exhibit J-2 - Page 2 of 11
ADA In any contract utilizing federal funds, land, or other federal aid, the Local Agency shall require the federal-
aid recipient or contractor to provide a statement of written assurance that they will comply with Section 504 and not discriminate on the basis of disability.
Uniform Relocation Assistance and Real Property Acquisition Policies Act The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91- 646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real property and displacing households or businesses in the performance of the Agreement).
Drug-Free Workplace Act The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.).
Age Discrimination Act of 1975 The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementingregulation 45 C.F.R. Part 84.
23 C.F.R. Part 172 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts".
23 C.F.R Part 633 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction Contracts".
23 C.F.R. Part 635 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof.
Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows:
i. Compliance with RegulationsThe Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Agreement.
ii.NondiscriminationThe Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. iii.Solicitations for Subcontracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiation made by the Contractor for work to beperformed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental
or physical handicap or national origin.
iv.Information and ReportsThe Contractor will provide all information and reports required by the Regulations, or orders andinstructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information.
Exhibit J-2 - Page 3 of 11
v.Sanctions for NoncomplianceIn the event of the Contractor's noncompliance with the nondiscrimination provisions of this
Agreement, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the
contract until the Contractor complies, and/or b. Cancellation, termination or suspension of the contract, in whole or in part.
Incorporation of Provisions §22 The Contractor will include the provisions of this Exhibit J in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States.
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Exhibit J-2 - Page 4 of 11
SAMPLE
The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination
Assurances for Local Agencies
DOT Order No. 1050.2A
The [Local Agency] (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Colorado Department of Transportation and the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and Federal Aviation Administration (FAA), is subject to and will comply with the following:
Statutory/Regulatory Authorities
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination onthe basis of race, color, national origin);
•49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department OfTransportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964);
•28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil RightsAct of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, "for which the Recipient receives Federal financial assistance from DOT, including the FHWA, FTA, or FAA.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of
1973), by restoring the broad, institutional-wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted FHWA, FTA, and FAA assisted programs:
1.The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and 21.23(e) of49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated,or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuantto the Acts and the Regulations.2.The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work,or material subject to the Acts and the Regulations made in connection with all FHWA, FTA and FAA programsand, in adapted form, in all proposals for negotiated agreements regardless of funding source:
3."The [Local Agency] in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will
be afforded full and fairopportunity
Exhibit J-2 - Page 5 of 11
4.to submit bids in response to this invitation and will not be discriminated against on the grounds of
race, color, or national origin in consideration for an award."
5.The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreementsubject to the Acts and the Regulations.
6.The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land,in any deed from the United States effecting or recording a transfer of real property, structures, use, orimprovements thereon or interest therein to a Recipient.
7.That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility,the Assurance will extend to the entire facility and facilities operated in connection therewith.
8.That where the Recipient receives Federal financial assistance in the form, or for the acquisition of realproperty or an interest in real property, the Assurance will extend to rights to space on, over, or under suchproperty.
9.That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as acovenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments enteredinto by the Recipient with other parties:
a.for the subsequent transfer of real property acquired or improved under the applicable activity, project,or program; andb.for the construction or use of, or access to, space on, over, or under real property acquired or improvedunder the applicable activity, project, or program.
10.That this Assurance obligates the Recipient for the period during which Federal financial assistance isextended to the program, except where the Federal financial assistance is to provide, or is in the form of,personal property, or real property, or interest therein, or structures or improvements thereon, in which casethe Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a.the period during which the property is used for a purpose for which the Federal financial assistance isextended, or for another purpose involving the provision of similar services or benefits; orb.the period during which the Recipient retains ownership or possession of the property.
11.The Recipient will provide for such methods of administration for the program as are found by the Secretaryof Transportation or the official to whom he/she delegates specific authority to give reasonable guaranteethat it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees,successors in interest, and other participants of Federal financial assistance under such program will complywith all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
12.The Recipient agrees that the United States has a right to seek judicial enforcement with regard to anymatter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the [Local Agency] also agrees to comply (and require any sub-recipients, sub-
grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the FHWA, FTA, and FAA’s access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by CDOT, FHWA, FTA, or FAA. You must keep records, reports, and submit the material for review
Exhibit J-2 - Page 6 of 11
upon request to CDOT, FHWA, FTA, or FAA, or its designee in a timely, complete, and accurate way. Additionally,
you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
[Local Agency] gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the FHWA, FTA, and FAA. This ASSURANCE is binding on [Local Agency], other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the FHWA, FTA, and FAA funded programs. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient.
(Name of Recipient)
by (Signature of Authorized Official)
DATED
Exhibit J-2 - Page 7 of 11
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:
1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Actsand the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department ofTransportation, FHWA, as they may be amended from time to time, which are herein incorporated by referenceand made a part of this contract.
2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will notdiscriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment. The contractor will not participate directly orindirectly in the discrimination prohibited by the Acts and the Regulations, including employment practiceswhen the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding, or negotiation made by the contractor for work to be performed under asubcontract, including procurements of materials, or leases of equipment, each potential subcontractor orsupplier will be notified by the contractor of the contractor's obligations under this contract and the Acts andthe Regulations relative to Non-discrimination on the grounds of race, color, or nationalorigin.
4.Information and Reports: The contractor will provide all information and reports required by the Acts, theRegulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, othersources of information, and its facilities as may be determined by the [Local Agency], CDOT or FHWA to bepertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any informationrequired of a contractor is in the exclusive possession of another who fails or refuses to furnish theinformation, the contractor will so certify to the [Local Agency], CDOT or FHWA, as appropriate, and willset forth what efforts it has made to obtain the information.
5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discriminationprovisions of this contract, the [Local Agency] will impose such contract sanctions as it, CDOT or FHWAmay determine to be appropriate, including, but not limitedto:
a.withholding payments to the contractor under the contract until the contractor complies; and/orb.cancelling, terminating, or suspending a contract, in whole or inpart.
6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six inevery subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,the Regulations and directives issued pursuant thereto. The contractor will take action with respect to anysubcontract or procurement as the Recipient or the [Local Agency], CDOT or FHWA may direct as a meansof enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomesinvolved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, thecontractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. Inaddition, the contractor may request the United States to enter into the litigation to protect the interests of theUnited States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the [Local Agency] will accept title to the lands and maintain the project constructed thereon in accordance with (Name of Appropriate Legislative Authority), the Regulations for the Administration of (Name of Appropriate Program), and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the [Local Agency] all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto [Local Agency] and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the [Local Agency] its successors and assigns.
The [Local Agency], in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the [Local Agency] will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
Exhibit J-2 - Page 8 of 11
Exhibit J-2 - Page 9 of 11
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the [Local Agency] pursuant to the provisions of Assurance 7(a):
A.The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives,successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in thecase of deeds and leases add "as a covenant running with the land"] that:
1.In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed,license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or
program is extended or for another purpose involving the provision of similar services or benefits, the (grantee,licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with allrequirements imposed by the Acts and Regulations (as may be amended) such that no person on the groundsof race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
B.With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discriminationcovenants, [Local Agency] will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter,and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had neverbeen made or issued. *
C.With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the [Local Agency]will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilitieswill there upon revert to and vest in and become the absolute property of the [Local Agency] and its assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
Exhibit J-2 - Page 10 of 11
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by [Local Agency] pursuant to the provisions of Assurance 7(b):
A.The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives,successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in thecase of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race,color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjectedto discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or undersuch land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, willbe excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the(grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposedby or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B.With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discriminationcovenants, [Local Agency] will have the right to terminate the (license, permit, etc., as appropriate) and to enteror re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., asappropriate) had never been made or issued. *
C.With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, [Local Agency]will there upon revert to and vest in and become the absolute property of [Local Agency] of Transportation and itsassigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
Exhibit J-2 - Page 11 of 11
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination onthe basis of race, color, national origin); and 49 CFR Part 21.
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal orFederal-aid programs and projects);
•Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
•Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discriminationon the basis of disability); and 49 CFR Part 27;
•The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on thebasis of age);
•Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibitsdiscrimination based on race, creed, color, national origin, or sex);
•The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability ofTitle VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of theRehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all ofthe programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programsor activities are Federally funded or not);
•Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disabilityin the operation of public entities, public and private transportation systems, places of public accommodation,and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportationregulations at 49 C.F.R. parts 37 and 38;
•The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibitsdiscrimination on the basis of race, color, national origin, and sex);
•Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs,policies, and activities with disproportionately high and adverse human health or environmental effects onminority and low-income populations;
•Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, andresulting agency guidance, national origin discrimination includes discrimination because of Limited Englishproficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEPpersons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
•Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating becauseof sex in education programs or activities (20 U.S.C. 1681 et seq).
Exhibit K-2 - Page 1 of 4
EXHIBIT K-2
FFATA SUPPLEMENTAL FEDERAL PROVISIONS
State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended Revised as of 3-20-13
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental
Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control.
1.Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meaningsascribed to them below.
1.1. “Award” means an award of Federal financial assistance that a non-Federal Entity receives or administersin the form of:
1.1.1. Grants; 1.1.2. Contracts; 1.1.3. Cooperative agreements, which do not include cooperative research and development agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710); 1.1.4. Loans; 1.1.5. Loan Guarantees; 1.1.6. Subsidies; 1.1.7. Insurance; 1.1.8. Food commodities; 1.1.9. Direct appropriations; 1.1.10. Assessed and voluntary contributions; and 1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non- Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money; 1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award is called a grant; 1.1.14. Any award classified for security purposes; or 1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5).
1.2. “Contract” means the contract to which these Supplemental Provisions are attached and includes all Award types in §1.1.1 through 1.1.11 above.
1.3. “Contractor” means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors.
1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet’s website may be found at: http://fedgov.dnb.com/webform.
1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C;
1.5.1. A governmental organization, which is a State, local government, or Indian Tribe; 1.5.2. A foreign public entity; 1.5.3. A domestic or foreign non-profit organization;
Exhibit K-2 - Page 2 of 4
1.5.4. A domestic or foreign for-profit organization; and 1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal entity.
1.6. “Executive” means an officer, managing partner or any other employee in a management position.
1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal agency to a Prime Recipient.
1.8. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109- 282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the “Transparency Act.”
1.9. “Prime Recipient” means a Colorado State agency or institution of higher education that receives an Award.
1.10. “Subaward” means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient’s support in the performance of all or any portion of the substantive project or program for which the Award was granted.
1.11. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non- Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term “Subrecipient” includes and may be referred to as Subgrantee.
1.12. “Subrecipient Parent DUNS Number” means the subrecipient parent organization’s 9-digit Data Universal Numbering System (DUNS) number that appears in the subrecipient’s System for Award Management (SAM) profile, if applicable.
1.13. “Supplemental Provisions” means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education.
1.14. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov.
1.15. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding fiscal year and includes the following:
1.15.1. Salary and bonus; 1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 1.15.3. Earnings for services under non-equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.15.4. Change in present value of defined benefit and actuarial pension plans; 1.15.5. Above-market earnings on deferred compensation which is not tax-qualified; 1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the Executive exceeds $10,000.
1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA.
1.17 “Vendor” means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor.
Exhibit K-2 - Page 3 of 4
2.Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulationsissued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to suchprovisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessityof either party executing any further instrument. The State of Colorado may provide written notification toContractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions.
3.System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits thefinal financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor’s information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor’s information.
4.Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highlycompensated Executives for the preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and
4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
5.Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7 below ifContractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made toContractor for providing any reports required under these Supplemental Provisions and the cost of producing suchreports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance fromthe US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any suchchanges shall be automatically incorporated into this Contract and shall become part of Contractor’s obligationsunder this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summariesof revised OMB reporting requirements at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
6.Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions applyto new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1,2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Awardmodifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as ofthe date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de- obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to thereporting requirements.
7.Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below.
Exhibit K-2 - Page 4 of 4
7.1 To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and Congressional District;
7.1.5 Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met; and
7.1.6 Subrecipient’s Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract, the following dataelements:
7.2.1 Subrecipient’s DUNS Number as registered in SAM.
7.2.2 Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District.
8.Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person,unrelated to any business or non-profit organization he or she may own or operate in his or her name.
8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives.
8.3 Effective October 1, 2010, “Award” currently means a grant, cooperative agreement, or other arrangement as defined in Section 1.1 of these Special Provisions. On future dates “Award” may include other items to be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other types of Awards subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the
Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains
uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to
any other remedy available to the State of Colorado under the Contract, at law or in equity.
Exhibit L-1 - Page 1 of 3
EXHIBIT L-1
SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT
Exhibit L-1 - Page 2 of 3
Exhibit L-1 - Page 3 of 3
Exhibit M-1 - Page 1 of 5
EXHIBIT M-1
OMB UNIFORM GUIDANCE FOR FEDERAL AWARDS
Subject to The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”), Federal Register, Vol. 78, No. 248, 78590
The agreement to which these Uniform Guidance Supplemental Provisions are attached has been funded, in whole or in part, with an award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the agreement or any attachments or exhibits incorporated into and made a part of the agreement, the provisions of these Uniform Guidance Supplemental Provisions shall control. In the event of a conflict between the provisions of these Supplemental Provisions and the FFATA Supplemental Provisions, the FFATA Supplemental Provisions shall control.
1.Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the
meanings ascribed to them below.
1.1. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to the Award unless the
terms and conditions of the Federal Award specifically indicate otherwise. 2 CFR §200.38
1.2. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement
contract under the Federal Acquisition Requirements by a Federal Awarding Agency to a
Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of
the Federal Award. The term does not include payments to a contractor or payments to an
individual that is a beneficiary of a Federal program.
1.3.“Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient.
2CFR §200.37
1.4. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109- 282), as amended by §6202 of Public Law 110-252.
1.5. “Grant” or “Grant Agreement” means an agreement setting forth the terms and conditions of an
Award. The term does not include an agreement that provides only direct Federal cash assistance
to an individual, a subsidy, a loan, a loan guarantee, insurance, or acquires property or services
for the direct benefit of use of the Federal Awarding Agency or Recipient. 2 CFR§200.51.
1.6. “OMB” means the Executive Office of the President, Office of Management and Budget.
1.7. “Recipient” means a Colorado State department, agency or institution of higher education that
receives a Federal Award from a Federal Awarding Agency to carry out an activity under a
Federal program. The term does not include Subrecipients. 2 CFR §200.86
1.8. “State” means the State of Colorado, acting by and through its departments, agencies and
institutions of higher education.
1.9. “Subrecipient” means a non-Federal entity receiving an Award from a Recipient to carry out part
of a Federal program. The term does not include an individual who is a beneficiary of such
program.
1.10. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes
requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102,
and A- 133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and
conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform
Guidance or the terms and conditions of the Federal Award specifically indicate otherwise.
Exhibit M-1 - Page 2 of 5
1.11. “Uniform Guidance Supplemental Provisions” means these Supplemental Provisions for
Federal Awards subject to the OMB Uniform Guidance, as may be revised pursuant to ongoing
guidance from relevant Federal agencies or the Colorado State Controller.
2.Compliance. Subrecipient shall comply with all applicable provisions of the Uniform Guidance,
including but not limited to these Uniform Guidance Supplemental Provisions. Any revisions to such
provisions automatically shall become a part of these Supplemental Provisions, without thenecessity of either party executing any further instrument. The State of Colorado may providewritten notification to Subrecipient of such revisions, but such notice shall not be a conditionprecedent to the effectiveness of such revisions.
3.Procurement Standards.
3.1 Procurement Procedures. Subrecipient shall use its own documented procurement procedures
which reflect applicable State, local, and Tribal laws and regulations, provided that the
procurements conform to applicable Federal law and the standards identified in the Uniform
Guidance, including without limitation,
§§200.318 through 200.326 thereof.
3.2 Procurement of Recovered Materials. If Subrecipient is a State Agency or an agency of
a political subdivision of a state, its contractors must comply with section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
4.Access to Records. Subrecipient shall permit Recipient and auditors to have access to Subrecipient’s
records and financial statements as necessary for Recipient to meet the requirements of §200.331
(Requirements for pass through entities), §§200.300 (Statutory and national policy requirements) through
200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR
§200.331(a)(5).
5.Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during
Subrecipient’s fiscal year, Subrecipient shall procure or arrange for a single or program-specific audit
conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the
Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-
7507). 2 CFR §200.501.
5.1 Election. Subrecipient shall have a single audit conducted in accordance with Uniform Guidance
§200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in
accordance with §200.507 (Program-specific audits). Subrecipient may elect to have aprogram-specific audit if Subrecipient expends Federal Awards under only one Federalprogram (excluding research and development) and the Federal program's statutes,regulations, or the terms and conditions of the Federal award do not require a financialstatement audit of Recipient. A program-specific audit may not be elected for researchand development unless all of the Federal Awards expended were received fromRecipient and Recipient approves in advance a program-specific audit.
5.2 Exemption. If Subrecipient expends less than $750,000 in Federal Awards during its fiscal year,
Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2
CFR §200.503 (Relation to other audit requirements), but records shall be available for review or
audit by appropriate officials of the Federal agency, the State, and the Government
Exhibit M-1 - Page 3 of 5
Accountability Office.
5.3 Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for
the audit required by Part F of the Uniform Guidance and ensure it is properly performed and
submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare
appropriate financial statements, including the schedule of expenditures of Federal awards in
accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with
access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Part F-Audit Requirements.
6.Contract Provisions for Subrecipient Contracts. Subrecipient shall comply with and shall include
all of the following applicable provisions in all subcontracts entered into by it pursuant to this Grant
Agreement.
6.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-
1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR
Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive
Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41
CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor.”
“During the performance of this contract, the contractor agrees as follows:
(1)The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, or national origin. Such action shall include, but
not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
(2)The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
(3)The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to be provided
by the agency contracting officer, advising the labor union or workers' representative of the
contractor's commitments
under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
(4)The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5)The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(6)In the event of the contractor's non-compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be canceled,
Exhibit M-1 - Page 4 of 5
terminated or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided bylaw.
(7)The contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order as may be directed by the Secretary
of Labor as a means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction, the contractor may request
the United States to enter into such litigation to protect the interests of the United States.”
6.2 Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C.
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40
U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans
or Grants from the United States”). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she
is other wise entitled.
The non-Federal entity must report all suspected or reported violations to the Federal awarding
agency.
6.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and Subrecipient wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that
“funding agreement,” Subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
6.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251- 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Exhibit M-1 - Page 5 of 5
Agency (EPA).
6.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
6.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
7.Certifications. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient
to submit certifications and representations required by Federal statutes or regulations on an annual
basis. 2CFR §200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR §200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted.
7.1 Event of Default. Failure to comply with these Uniform Guidance Supplemental Provisions shall
constitute an event of default under the Grant Agreement (2 CFR §200.339) and the State may
terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar
days following the termination of the 30 day notice period. This remedy will be in addition to
any other remedy available to the State of Colorado under the Grant, at law or in equity.
8.Effective Date. The effective date of the Uniform Guidance is December 26, 2013. 2 CFR §200.110. The
procurement standards set forth in Uniform Guidance §§200.317-200.326 are applicable to new Awards
made by Recipient as of December 26, 2015. The standards set forth in Uniform Guidance Subpart F-
Audit Requirements are applicable to audits of fiscal years beginning on or after December 26, 2014.
9.Performance Measurement. The Uniform Guidance requires completion of OMB-approved standard
information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award
Performance Goals that awarding Federal agencies are required to detail in the Awards.
Section 200.301 provides guidance to Federal agencies to measure performance in a way that will help
the Federal awarding agency and other non-Federal entities to improve program outcomes.
The Federal awarding agency is required to provide recipients with clear performance goals, indicators,
and milestones (200.210). Also, must require the recipient to relate financial data to performance
accomplishments of the Federal award.
Exhibit N- Page 1 of 16
Exhibit N
Federal Provisions
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or inpart, with an Award of Federal funds. In the event of a conflict between the provisions of these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments or exhibits incorporated into and made a part of the Grant, the provisions of these Federal
Provisions shall control.
1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients, including ensuring their subrecipients comply with the SLFRF statute, SLFRF Award Terms and Conditions, Treasury’s Interim Final Rule, and reporting requirements, as applicable.
1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier
subrecipient), must hold the 2nd tier subrecipient accountable to these provisions and adhere to reporting requirements.
1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have themeanings ascribed to them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth
the terms and conditions of that financial assistance, that a non-Federal Entity
receives or administers.
2.1.2. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet’s website may be found at:
http://fedgov.dnb.com/webform.
2.1.3. “Entity” means:
2.1.3.1. a Non-Federal Entity;
2.1.3.2. a foreign public entity;
2.1.3.3. a foreign organization;
2.1.3.4. a non-profit organization;
2.1.3.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.3.6. a foreign non-profit organization (only for 2 CFR part 170) only);
Exhibit N- Page 2 of 16
2.1.3.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non-Federal entity (or 2 CFR 200.1); or
2.1.3.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.4. “Executive” means an officer, managing partner or any other employee in a management position.
2.1.5. “Expenditure Category (EC)” means the category of eligible uses as defined by the US Department of Treasury in “Appendix 1 of the Compliance and Reporting
Guidance, State and Local Fiscal Recovery Funds” report available at
www.treasury.gov.
2.1.6. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR 200.1
2.1.7. “Grant” means the Grant to which these Federal Provisions are attached.
2.1.8. “Grantee” means the party or parties identified as such in the Grant to which these
Federal Provisions are attached.
2.1.9. “Non-Federal Entity means a State, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a Federal Award as a Recipient or a Subrecipient.
2.1.10. “Nonprofit Organization” means any corporation, trust, association, cooperative, or
other organization, not including IHEs, that:
2.1.10.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;
2.1.10.2. Is not organized primarily for profit; and
2.1.10.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.11. “OMB” means the Executive Office of the President, Office of Management and Budget.
2.1.12. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.13. “Prime Recipient” means the Colorado State agency or institution of higher education identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.14. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in
whole or in part by a Federal Award. The terms and conditions of the Federal
Award flow down to the Subaward unless the terms and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term does not include payments to a Contractor or payments to an individual that is a beneficiary of a Federal program.
Exhibit N- Page 3 of 16
2.1.15. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds
through a Prime Recipient to support the performance of the Federal project or
program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term does not include an individual who is a beneficiary of a federal program.
2.1.16. “System for Award Management (SAM)” means the Federal repository into which
an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48
CFR 4.1403(a)) and includes the following:
2.1.16.1. Salary and bonus;
2.1.16.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based
Payments;
2.1.16.3. Earnings for services under non-equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried
employees;
2.1.16.4. Change in present value of defined benefit and actuarial pension plans;
2.1.16.5. Above-market earnings on deferred compensation which is not tax-qualified;
2.1.16.6. Other compensation, if the aggregate value of all such other compensation
(e.g., severance, termination payments, value of life insurance paid on
behalf of the employee, perquisites or property) for the Executive exceeds $10,000.
2.1.17. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.18. “Uniform Guidance” means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise.
3. COMPLIANCE.
Exhibit N- Page 4 of 16
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance,
and all applicable Federal Laws and regulations required by this Federal Award. Any
revisions to such provisions or regulations shall automatically become a part of these Federal Provisions, without the necessity of either party executing any further instrument. The State of Colorado, at its discretion, may provide written notification to Grantee of such revisions, but such notice shall not be a condition precedent to the
effectiveness of such revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING SYSTEM (DUNS) REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually
after the initial registration, and more frequently if required by changes in its information.
4.2. DUNS. Grantee shall provide its DUNS number to its Prime Recipient, and shall update Grantee’s information in Dun & Bradstreet, Inc. at least annually after the initial
registration, and more frequently if required by changes in Grantee’s information.
5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more;
and
5.1.2. In the preceding fiscal year, Grantee received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement Agreements and Subcontractors and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and
5.1.2.3. 5.1.2.3 The public does not have access to information about the compensation of such Executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
6. REPORTING.
Exhibit N- Page 5 of 16
6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall report data elements to SAM and to the Prime Recipient as required in this Exhibit.
No direct payment shall be made to Grantee for providing any reports required under
these Federal Provisions and the cost of producing such reports shall be included in the Grant price. The reporting requirements in this Exhibit are based on guidance from the OMB, and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Grant and shall become part of Grantee’s
obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award modifications result in a total Award of $30,000 or more, the Award is subject
to the reporting requirements as of the date the Award exceeds $30,000. If the initial
Award is $30,000 or more, but funding is subsequently de-obligated such that the total award amount falls below $30,000, the Award shall continue to be subject to the reporting requirements. If the total award is below $30,000 no reporting required; if more than $30,000 and less than $50,000 then FFATA reporting is required; and,
$50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Grantee shall report as set forth below.
8.1.1. Grantee shall use the SLFRF Subrecipient Quarterly Report Workbook as referenced in Exhibit P to report to the State Agency within ten (10) days following each quarter ended September, December, March and June. Additional information on specific requirements are detailed in the SLFRF Subrecipient Quarterly Report
Workbooks and "Compliance and Reporting Guidance, State and Local Fiscal
Recovery Funds" report available at www.treasury.gov.
EC1: Public Health
COVID-19 Vaccination (EC 1.1) and COVID-19 Testing (EC 1.2)
a. Description of metrics for disadvantaged communities served.
Prevention in Congregate Settings (Nursing Homes, Prisons/Jails, Dense Work
Sites, Schools, etc.) (EC 1.4), Mental Health Services (EC 1.10) and Substance Use
Substances (1.11)
a. Measurement of the metric.
Payroll for Public Health and Safety Employees (EC 1.9)
a. Number of governmental FTEs responding to COVID-19 supported under
this authority
Public Health Project-Specific Reporting Requirements (EC1)
Exhibit N- Page 6 of 16
a. Unique requirement(s), if applicable
EC2: Negative Economic Impacts
Household Assistance (EC 2.1-2.5)
a. Description of metrics for disadvantaged communities served.
b. Measurement of the metric.
c. Number of households served (by program if recipient establishes
multiple separate household assistance programs).
Household Assistance (EC 2.2 & 2.5)
a. Number of people or households receiving eviction prevention services
(including legal representation)
b. Number of affordable housing units preserved or developed.
Unemployment Benefits or Cash Assistance to Unemployed Workers (EC 2.6)
a. Measurement of the metric.
Job Training Assistance (e.g., Sectoral job-training, Subsidized Employment,
Employment Supports or Incentives) (EC 2.7)
a. Description of the metrics for disadvantaged communities served.
b. Measurement of the metric.
Small Business Economic Assistance (EC 2.9)
a. Description of the metrics for disadvantaged communities served.
b. Measurement of the metric.
c. Number of small businesses served (by program if recipient establishes
multiple separate small businesses assistance programs)
Aid to Nonprofit Organizations (EC 2.10)
a. Measurement of the metric.
Other Economic Support (EC 2.13)
a. Description of the metrics for disadvantaged communities served.
b. Measurement of the metric.
Rehiring Public Sector Staff (EC 2.14)
a. Number of FTEs rehired by governments under this authority
Negative Economic Impacts Project-Specific Reporting Requirements (EC2)
a. Number of workers enrolled in sectoral job training programs
b. Number of workers completing sectoral job training programs
c. Number of people participating in summer youth employment programs
d. Unique requirement(s), if applicable
EC3: Services to Disproportionately Impacted Communities
Exhibit N- Page 7 of 16
Education Assistance: Early Learning (EC 3.1), Education Assistance: Aid to
High-Poverty Districts (EC 3.2) Education Assistance: Academic Services (EC
3.3), Education Assistance: Social, Emotional, and Mental Health Services (EC
3.4), and Education Assistance: Other (EC 3.5)
a. Description of metrics for disadvantaged communities served.
b. Measurement of the metric.
c. National Center for Education Statistics (“NCES”) School ID or NCES
District ID
d. Number of students participating in evidence-based tutoring programs
Housing Childhood Environments (EC 3.6-3.9)
a. Number of children served by childcare and early learning
(preschool/pre-K/ages 3-5)
b. Number of families served by home visiting.
Healthy Childhood Environments: Child Care (EC 3.6), Healthy Childhood
Environments: Home Visiting (EC 3.7), Healthy Childhood Environments:
Services to Foster Youth or Families Involved in Child Welfare System (EC 3.8),
Healthy Childhood Environments: Other (EC 3.9), Housing Support: Affordable
Housing (EC 3.10), Housing Support: Services for Unhoused Persons (EC 3.11),
Housing Support: Other Housing Assistance (EC 3.12), Social Determinants of
Health: Other (EC 3.13), Social Determinants of Health: Community Health
Workers or Benefits Navigators (EC 3.14), Social Determinants of Health:
Community Violence Interventions (EC 3.16)
a. Description of the metrics for disadvantaged communities served.
b. Measurement of the metric.
Housing Support (EC 3-10-3.12)
c. Number of people or households receiving eviction prevention services
(including legal representation)
d. Number of affordable housing units preserved or developed.
Social Determinants of Health: Lead Remediation (EC 3.15)
a. Description of metrics for disadvantaged communities served.
b. Measurement of the metric.
Services to Disproportionately Impacted Communities Project-Specific Reporting
Requirements (EC3)
a. Unique requirement(s), if applicable
EC4: Premium Pay
Premium Pay (both Public Sector EC 4.1 and Private Sector EC 4.2)
Exhibit N- Page 8 of 16
a. Number of workers served
Premium Pay Project-Specific Reporting Requirements (EC3)
a. Unique requirement(s), if applicable
EC5: Infrastructure
All infrastructure projects (EC 5)
a. Projected/Actual construction start date (month/year)
b. Projected/Actual initiation of operations date (month/year)
c. Location (for broadband, geospatial location data)
d. Description of how the project contributes to addressing climate change
Water and sewer projects (EC 5.1-5.15)
a. National Pollutant Discharge Elimination System (NPDES) Permit Number
(if applicable; for projects aligned with the Clean Water State Revolving
Fund)
b. Public Water System (PWS) ID number (if applicable; for projects aligned
with the Drinking Water State Revolving Fund)
Broadband projects (EC 5.16-5.17)
a. Confirm that the project is designed to, upon completion, reliably meet or
exceed symmetrical 100Mbps download and upload speeds
a. If the project is not designed to reliability meet or exceed
symmetrical 100Mbps speeds, explain why not and:
b. Confirm project design to meet or exceed 100 Mbps download and
between 20 and 100 Mbps upload speed, and be scalable to a
minimum of 100 Mbps upload and download speed.
b. Additional programmatic data requirements will be issued by US Treasury
in July 2022 for broadband projects, and agencies may be required to report
on additional metrics, including, but not limited to:
a. Number of households (broken out by households on Tribal lands
and those not on Tribal lands) that have gained increased access to
broadband meeting the minimum speed standards in areas that
previously lacked access to service of at least 25 Mbps download
and 3 Mbps upload, with the number of households with access to
minimum speed standard of reliable 100 Mbps symmetrical upload
and download and number of households with access to minimum
speed standard of reliable 100 Mbps download and 20 Mbps upload
b. Number of institutions and businesses (broken out by institutions on
Tribal lands and those not on Tribal lands) that have projected
increased access to broadband meeting the minimum speed
standards in areas that previously lacked access to service of at least
Exhibit N- Page 9 of 16
25 Mbps download and 3 Mbps upload, in each of the following
categories: business, small business, elementary school, secondary
school, higher education institution, library, healthcare facility, and
public safety organization, with the number of each type of
institution with access to the minimum speed standard of reliable
100 Mbps symmetrical upload and download; and number of each
type of institution with access to the minimum speed standard of
reliable 100 Mbps download and 20 Mbps upload
c. Narrative identifying speeds/pricing tiers to be offered, including the speed/pricing of its affordability offering, technology to be
deployed, miles of fiber, cost per mile, cost per passing, number of
households (broken out by households on Tribal lands and those not on Tribal lands) projected to have increased access to broadband meeting the minimum speed standards in areas that previously lacked access to service of at least 25 Mbps download and 3 Mbps
upload, number of households with access to minimum speed
standard of reliable 100 Mbps symmetrical upload and download, number of households with access to minimum speed standard of reliable 100 Mbps download and 20 Mbps upload, and number of institutions and businesses (broken out by institutions on Tribal
lands and those not on Tribal lands) projected to have increased
access to broadband meeting the minimum speed standards in areas that previously lacked access to service of at least 25 Mbps download and 3 Mbps upload, in each of the following categories: business, small business, elementary school, secondary school,
higher education institution, library, healthcare facility, and public
safety organization. Specify the number of each type of institution with access to the minimum speed standard of reliable 100 Mbps symmetrical upload and download; and the number of each type of institution with access to the minimum speed standard of reliable
100 Mbps download and 20 Mbps upload.
Infrastructure Project-Specific Reporting Requirements (EC5)
a. Unique requirement(s), if applicable
8.1.2. A Subrecipient shall report the following data elements to Prime Recipient no later than five days after the end of the month following the month in which the Subaward was made.
8.1.2.1. Subrecipient DUNS Number;
8.1.2.2. Subrecipient DUNS Number if more than one electronic funds transfer (EFT) account;
8.1.2.3. Subrecipient parent’s organization DUNS Number;
8.1.2.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip
+ 4, and Congressional District;
Exhibit N- Page 10 of 16
8.1.2.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met; and
8.1.2.6. Subrecipient’s Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
8.1.3. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, the following data elements:
8.1.3.1. Subrecipient’s DUNS Number as registered in SAM.
8.1.3.2. Primary Place of Performance Information, including: Street Address, City,
State, Country, Zip code + 4, and Congressional District.
8.1.3.3. Narrative identifying methodology for serving disadvantaged communities. See the "Project Demographic Distribution" section in the "Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds" report
available at www.treasury.gov. This requirement is only applicable to EC
1.1, 1.2, 2.1, 2.2, 2.3, 2.4, 2.5, 2.7, 2.9, 2.13, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.12, 3.13, 3.14, 3.15, and 3.16.
8.1.3.4. Narrative identifying funds allocated towards evidenced-based interventions and the evidence base. See the “Use of Evidence” section in
the “Compliance and Reporting Guidance, State and Local Fiscal Recovery
Funds” report available at www.treasury.gov. This requirement is only applicable to EC 1.4, 1.10, 1.11, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.9, 2.10, 2.13, 3.1, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.12, 3.13, 3.14, and 3.16.
8.1.3.5. Narrative describing the structure and objectives of the assistance program
and in what manner the aid responds to the negative economic impacts of COVID-19. This requirement is only applicable to EC 2.1, 2.2, 2.3, 2.4, 2.5, 2.9, 2.11, and 2.12. For aid to travel, tourism, and hospitality or other impacted industries (EC 2.11-2.12), also provide the sector of employer,
purpose of funds, and if not travel, tourism and hospitality a description of
the pandemic impact on the industry.
8.1.3.6. Narrative identifying the sector served and designated as critical to the health and well-being of residents by the chief executive of the jurisdiction and the number of workers expected to be served. For groups of workers
(e.g., an operating unit, a classification of worker, etc.) or, to the extent
applicable, individual workers, for whom premium pay would increase total pay above 150 percent of their residing State's average annual wage, or their residing county's average annual wage, whichever is higher, on an annual basis include justification of how the premium pay or grant is responsive to
workers performing essential work during the public health emergency.
This could include a description of the essential workers' duties, health or financial risks faced due to COVID-19 but should not include personally identifiable information. This requirement applies to EC 4.1, and 4.2.
8.1.3.7. For infrastructure projects (EC 5), narrative identifying the projected
construction start date (month/year), projected initiation of operations date
Exhibit N- Page 11 of 16
(month/year), and location (for broadband, geospatial location data). For projects over $10 million:
8.1.3.8. Certification that all laborers and mechanics employed by Contractors and
Subcontractors in the performance of such project are paid wages at rates not less than those prevailing, as determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the "Davis-Bacon Act"), for the corresponding
classes of laborers and mechanics employed on projects of a character
similar to the Agreement work in the civil subdivision of the State (or the District of Columbia) in which the work is to be performed, or by the appropriate State entity pursuant to a corollary State prevailing-wage-in-construction law (commonly known as "baby Davis-Bacon Acts"). If such
certification is not provided, a recipient must provide a project employment
and local impact report detailing (1) the number of employees of Contractors and sub-contractors working on the project; (2) the number of employees on the project hired directly and hired through a third party; (3) the wages and benefits of workers on the project by classification; and (4)
whether those wages are at rates less than those prevailing. Recipients must
maintain sufficient records to substantiate this information upon request.
8.1.3.8.1. A Subrecipient may provide a certification that a project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with section 8(f) of the National Labor Relations
Act (29 U.S.C. 158(f)). If the recipient does not provide such
certification, the recipient must provide a project workforce continuity plan, detailing: (1) how the Subrecipient will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project; (2)
how the Subrecipient will minimize risks of labor disputes and
disruptions that would jeopardize timeliness and cost-effectiveness of the project; and (3) how the Subrecipient will provide a safe and healthy workplace that avoids delays and costs associated with workplace illnesses, injuries, and fatalities; (4) whether workers on the project will
receive wages and benefits that will secure an appropriately skilled
workforce in the context of the local or regional labor market; and (5) whether the project has completed a project labor agreement.
8.1.3.8.2. Whether the project prioritizes local hires.
8.1.3.8.3. Whether the project has a Community Benefit Agreement, with a
description of any such agreement.
8.1.4. Subrecipient also agrees to comply with any reporting requirements established by the US Treasury, Governor’s Office and Office of the State Controller. The State of Colorado may need additional reporting requirements after this agreement is executed. If there are additional reporting requirements, the State will provide notice of such
additional reporting requirements via Exhibit Q – SLFRF Reporting Modification
Form.
Exhibit N- Page 12 of 16
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable
regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the
extent consistent with law, the non-Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all
Agreements and purchase orders for work or products under this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision of the State, its Contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to Subrecipient’s records and financial statements as necessary for Recipient to meet the
requirements of 2 CFR 200.332 (Requirements for pass-through entities), 2 CFR
200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the
Subrecipient’s fiscal year, the Subrecipient shall procure or arrange for a single or
program-specific audit conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
Exhibit N- Page 13 of 16
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have
a program-specific audit conducted in accordance with 2 CFR 200.507 (Program-
specific audits). The Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program’s statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit
of Prime Recipient. A program-specific audit may not be elected for research and
development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program-specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for
that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements),
but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Subpart F of the Uniform Guidance and
ensure it is properly performed and submitted when due in accordance with the
Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as
needed for the auditor to perform the audit required by Uniform Guidance Subpart
F-Audit Requirements.
12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all
Subcontractors entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements that meet the definition of “federally assisted construction Agreement” in 41 CFR
Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-
1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part
60, Office of Federal Agreement Compliance Programs, Equal Employment
Opportunity, Department of Labor.
12.1.2. [Applicable to on-site employees working on government-funded construction, alteration and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).
Exhibit N- Page 14 of 16
12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime
Recipient or Subrecipient wishes to enter into an Agreement with a small business
firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Agreements
and Cooperative Agreements,” and any implementing regulations issued by the Federal Awarding Agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in
excess of $150,000 must contain a provision that requires the non-Federal awardees
to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the
Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal Agreement, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
12.1.7. Never Agreement with the enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing “Never Agreement with the
enemy” in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered Agreements, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members
of the Armed Forces are actively engaged in hostilities.
Exhibit N- Page 15 of 16
12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending
loan or grant funds on certain telecommunications and video surveillance services
or equipment pursuant to 2 CFR 200.216.
12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or
activity, denying benefits of, or otherwise discriminating against a person on the basis
of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program
or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as
implemented by the Department of the Treasury’s Title VI regulations, 31 CRF Part 22, and herein incorporated by reference and made part of this Agreement or agreement.
13. CERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado Agreement
with Recipient of Federal Recovery Funds” Certification Form in Exhibit O and submit to State Agency with signed grant agreement.
13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require Subrecipient to submit certifications and representations required by Federal statutes
or regulations on an annual basis. 2 CFR 200.208. Submission may be required more
frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort was not carried out, the amount of the Award
must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name.
14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax
year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default
under the Grant and the State of Colorado may terminate the Grant upon 30 days prior
written notice if the default remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity.
Exhibit N- Page 16 of 16
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows:
15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity
fails to comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities;
15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the
Non-Federal Entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated;
15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-
through Entity written notification setting forth the reasons for such termination,
the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass-through Entity determines in the case of partial termination that the reduced or modified portion of the Federal Award or Subaward will not accomplish the purposes for which the
Federal Award was made, the Federal Awarding Agency or Pass-through Entity
may terminate the Federal Award in its entirety; or
15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination provisions included in the Federal Award.
Exhibit O - Page 1 of 9
EXHIBIT O
AGREEMENT WITH SUBSUBRECIPIENT OF FEDERAL RECOVERY FUNDS
Section 602(b) of the Social Security Act (the Act), as added by section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of the Treasury (Treasury) to make payments to certain Subrecipients from the Coronavirus State
Fiscal Recovery Fund. The State of Colorado has signed and certified a separate agreement with Treasury as a condition of receiving such payments from the Treasury. This agreement is between your organization and the State and your organization is signing and certifying the same terms and conditions included in the State’s separate agreement with Treasury. Your organization is referred to as a Subrecipient.
As a condition of your organization receiving federal recovery funds from the State, the authorized representative below hereby (i) certifies that your organization will carry out the activities listed in section 602(c) of the Act and (ii) agrees to the terms attached hereto. Your organization also agrees to use the federal recovery funds as specified in bills passed by the
General Assembly and signed by the Governor.
Under penalty of perjury, the undersigned official certifies that the authorized representative has read and understood the organization’s obligations in the Assurances of Compliance and Civil Rights Requirements, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the organization is in compliance with the
nondiscrimination requirements.
Subrecipient Name
Authorized Representative:
Title:
Signature:
Exhibit O - Page 2 of 9
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS TERMS AND CONDITIONS Use of Funds.
a. Subrecipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 602(c) of the Social Security Act (the Act) and Treasury’s regulations implementing that section and guidance. b. Subrecipient will determine prior to engaging in any project using this assistance that
it has the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations,
Subrecipient may use award funds to cover eligible costs incurred during the period that
begins on March 3, 2021, and ends on December 31, 2024. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. Subrecipient also agrees to comply with any reporting
requirements established by the Governor’s Office and Office of the State Controller.
Maintenance of and Access to Records
a. Subrecipient shall maintain records and financial documents sufficient to evidence
compliance with section 602(c), Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic
and otherwise) of Subrecipient in order to conduct audits or other investigations.
c. Records shall be maintained by Subrecipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.
Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.
Administrative Costs. Subrecipient may use funds provided under this award to cover both
direct and indirect costs. Subrecipient shall follow guidance on administrative costs issued by the Governor’s Office and Office of the State Controller. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
Conflicts of Interest. The State of Colorado understands and agrees it must maintain a conflict
of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
Exhibit O - Page 3 of 9
is applicable to each activity funded under this award. Subrecipient and Contractors must disclose in writing to the Office of the State Controller or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. The Office of the State Controller shall disclose such conflict to Treasury.
Compliance with Applicable Law and Regulations. a. Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all
other applicable federal statutes, regulations, and executive orders, and Subrecipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,
shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part
170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (Agreements and
Subcontractors described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. i. Subrecipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby
incorporated by reference.
ii. Government wide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. iii. New Restrictions on Lobbying, 31 C.F.R. Part 21. iv. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. §§ 4601-4655) and implementing regulations.
Exhibit O - Page 4 of 9
v. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
§§ 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
Remedial Actions. In the event of Subrecipient’s noncompliance with section 602 of the
Act, other applicable laws, Treasury’s implementing regulations, guidance, or any
reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as
provided in section 602(e) of the Act and any additional payments may be subject to
withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.
False Statements. Subrecipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or Agreements, and/or any other remedy available by law.
Exhibit O - Page 5 of 9
Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLFRF0126 awarded to the State of Colorado by the U.S.
Department of the Treasury.”
Debts Owed the Federal Government. a. Any funds paid to the Subrecipient (1) in excess of the amount to which the Subrecipient is finally determined to be authorized to retain under the terms of this
award; (2) that are determined by the Treasury Office of Inspector General to have
been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by the Subrecipient shall constitute a debt to the federal government. b. Any debts determined to be owed to the federal government must be paid promptly by Subrecipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory
arrangements have been made or if the Subrecipient knowingly or improperly
retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.
Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to
Subrecipient or third persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any Agreement, or Subcontractor under
this award.
b. The acceptance of this award by Subrecipient does not in any way establish an agency relationship between the United States and Subrecipient.
Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal Agreement or grant, a gross waste of federal funds, an abuse of authority relating to a federal Agreement or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal Agreement (including the competition for or
negotiation of an Agreement) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
Exhibit O - Page 6 of 9
iii. The Government Accountability Office; iv. A Treasury employee responsible for Agreement or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement
agency; vi. A court or grand jury; or vii. A management official or other employee of Subrecipient, Contractor, or Subcontractor who has the responsibility to investigate, discover, or address misconduct.
c. Subrecipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.
Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Subrecipient should encourage its Contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-
owned, rented or personally owned vehicles.
1. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Subrecipient should encourage its employees, Subrecipients, and Contractors to adopt and enforce policies that ban text messaging while driving, and Subrecipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
Exhibit O - Page 7 of 9
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the Subrecipient provides the assurances stated herein. The federal financial assistance may include
federal grants, loans and Agreements to provide assistance to the Subrecipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass Agreements of guarantee or insurance, regulated programs, licenses, procurement Agreements by the Federal government at market value, or programs that
provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Subrecipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances
apply to all of the operations of the Subrecipient’s program(s) and activity(ies), so long as any portion of the Subrecipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above.
1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or
subjection to discrimination under programs and activities receiving federal financial assistance,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Subrecipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Subrecipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited
under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Subrecipient understands and agrees that
meaningful access may entail providing language assistance services, including oral
interpretation and written translation where necessary, to ensure effective communication in the Subrecipient’s programs, services, and activities.
3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For
more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.
Exhibit O - Page 8 of 9
4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Subrecipient and Subrecipient’s successors, transferees, and assignees for the period in which such assistance is provided.
5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every Agreement or agreement subject to Title VI and its regulations between the Subrecipient and the Subrecipient’s sub-grantees, Contractors, Subcontractors, successors, transferees, and assignees:
The sub-grantee, Contractor, Subcontractor, successor, transferee, and assignee shall comply
with Title VI of the Civil Rights Act of 1964, which prohibits Subrecipients of federal financial
assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31
CFR Part 22, which are herein incorporated by reference and made a part of this Agreement
(or agreement). Title VI also includes protection to persons with “Limited English
Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement or agreement.
6. Subrecipient understands and agrees that if any real property or structure is provided or improved
with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.
If any personal property is provided, this assurance obligates the Subrecipient for the period during
which it retains ownership or possession of the property.
7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Subrecipient shall comply with information requests, on-site
compliance reviews and reporting requirements.
8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Subrecipient also must inform the Department of the Treasury if
Subrecipient has received no complaints under Title VI.
9. Subrecipient must provide documentation of an administrative agency’s or court’s findings
of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Subrecipient and the administrative agency that made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the Subrecipient must provide documentation of the settlement. If
Subrecipient has not been the subject of any court or administrative agency finding of
Exhibit O - Page 9 of 9
discrimination, please so state.
10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is responsible for ensuring that sub-Subrecipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub- Subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.
EXHIBIT P
SLFRF SUBRECIPIENT QUARTERLY REPORT 1. SLFRF SUBRECIPIENT QUARTERLY REPORT WORKBOOK 1.1 The SLFRF Subrecipient Quarterly Report Workbook must be submitted to the State
Agency within ten (10) days following each quarter ended September, December,
March and June. The SLFRF Subrecipient Quarterly Report Workbook can be found
at:
https://osc.colorado.gov/american-rescue-plan-act (see SLFRF Grant Agreement
Templates tab)
Exhibit P - Page 1 of 1
EXHIBIT Q
SAMPLE SLFRF REPORTING MODIFICATION FORM
Local Agency: Agreement No:
Project Title: Project No:
Project Duration: To: From:
State Agency: CDOT
This form serves as notification that there has been a change to the reporting requirements set forth in the
original SLFRF Grant Agreement.
The following reporting requirements have been (add/ remove additional rows as necessary):
Updated Reporting
Requirement
(Add/Delete/Modify)
Project Number Reporting Requirement
By signing this form, the Local Agency agrees to and acknowledges the changes to the reporting requirements
set forth in the original SLFRF Grant Agreement. All other terms and conditions of the original SLFRF Grant
Agreement, with any approved modifications, remain in full force and effect. Grantee shall submit this form to
the State Agency within 10 business days of the date sent by that Agency.
Local Agency Date
CDOT Program Manager Date
Exhibit Q - Page 1 of 1
EXHIBIT R
APPLICABLE FEDERAL AWARDS
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD Federal Awarding Office US Department of the Treasury Grant Program Coronavirus State and Local Fiscal Recovery Funds Assistance Listing Number 21.027 Federal Award Number SLFRP0126 Federal Award Date * May 18, 2021 Federal Award End Date December 31, 2024 Federal Statutory Authority Title VI of the Social Security Act, Section 602
Total Amount of Federal Award (this is not the amount of this grant agreement) $3,828,761,790
* Funds may not be available through the Federal Award End Date subject to the provisions in §2 and §5 below.
Exhibit R - Page 1 of 1
Exhibit S - Page 1 of 2
EXHIBIT S
CHECKLIST OF REQUIRED EXHIBITS DEPENDENT OF FUNDING SOURCE
Checklist for required exhibits due to funding sources. Required Exhibits are dependent on the source of funding. This
is a guide to assist in the incorporation and completion of Exhibits in relation to funding sources.
Exhibit Funding only from FHWA Funding only from ARPA FHWA and ARPA Funding
EXHIBIT A, SCOPE OF WORK
EXHIBIT B, SAMPLE OPTION LETTER
EXHIBIT C, FUNDING PROVISIONS
EXHIBIT D, LOCAL AGENCY RESOLUTION
EXHIBIT E, LOCAL AGENCY AGREEMENT
ADMINISTRATION CHECKLIST
EXHIBIT F, CERTIFICATION FOR FEDERAL-AID AGREEMENTS
EXHIBIT G, DISADVANTAGED BUSINESS ENTERPRISE
EXHIBIT H, LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
EXHIBIT I, FEDERAL-AID AGREEMENT
PROVISIONS FOR CONSTRUCTION AGREEMENTS
EXHIBIT J, ADDITIONAL FEDERAL REQUIREMENTS
EXHIBIT K, FFATA SUPPLEMENTAL FEDERAL PROVISIONS
EXHIBIT L, SAMPLE SUBRECIPIENT
MONITORING AND RISK ASSESSMENT FORM
EXHIBIT M, OMB UNIFORM GUIDANCE FOR FEDERAL AWARDS
EXHIBIT N, FEDERAL TREASURY PROVISIONS
Exhibit S - Page 2 of 2
EXHIBIT O, AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
EXHIBIT P, SLFRF SUBRECIPIENT QUARTERLY REPORT
EXHIBIT Q, SLFRF REPORTING MODIFICATION FORM
EXHIBIT R, APPLICABLE FEDERAL AWARDS
EXHIBIT S, CHECKLIST OF REQUIRED EXHIBITS DEPENDENT ON FUNDING SOURCE
ITEM NO: 1c
DATE: February 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AMEND THE CONTRACT FOR RIGHT-OF-
WAY ACQUISITION SERVICES FOR THE IMPROVE WADSWORTH PROJECT WITH HDR ENGINEERING, INC., DENVER, CO, FOR ADDITIONAL FEES IN THE AMOUNT OF $151,810.54 FOR A TOTAL COST OF $1,804,912.82 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Community Development Director City Manager ISSUE: A contract with HDR Engineering, Inc. was originally executed in 2018 and then amended in
2021 for right-of-way (ROW) acquisition services for the Improve Wadsworth Project. Due to
additional tasks added to the scope of work, primarily associated with assistance with eminent domain proceedings, a contract amendment needs to be executed to provide the funds necessary to complete the ROW acquisitions for the Project.
PRIOR ACTION:
On December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare ROW plans and acquire ROW necessary to construct the Improve Wadsworth Project.
On January 14, 2019, Council authorized staff to acquire ROW along the corridor. Council authorized the Mayor and the City Clerk to accept the acquired ROW on their behalf. The
authority to use the City’s power of eminent domain was not authorized at that time.
On October 12, 2020, Council authorized staff to acquire ROW, including the use of eminent domain, on six (6) properties in which the negotiations were stalled or about to be stalled.
Council Action Form – Wadsworth Boulevard HDR ROW Contract Amendment February 28, 2022
Page 2
On December 14, 2020, Council authorized using eminent domain authority on eight (8) additional properties should that become necessary Also at the December 14, Council approved
an amendment to HDR’s contract for an additional $236,107.28 and authorized staff to increase
the contract by $30,000 for each eminent domain proceeding.
FINANCIAL IMPACT: The total available funding outlined in amendment #2 to the CDOT contract is $53.3 million which includes $1.4 million for environmental costs, $5.7 million for design and ROW
consultant costs, $15 million for ROW acquisition, and $31.2 million for construction.
Funding for all of the phases of the Wadsworth project is budgeted in the 2022 Capital Improvement Program (CIP) budget. The 2022 budget includes adequate funding for this proposed amendment in the amount of $151,810.54.
BACKGROUND:
On December 10, 2018, Council approved a contract for ROW acquisition services with HDR,
Inc. to prepare ROW plans and acquire ROW necessary to construct the Improve Wadsworth project.
On September 21, 2020, staff updated Council in a study session on the status of the ROW acquisitions, including eleven (11) properties which had either stalled in negotiations or were
trending towards stalled negotiations. Settlements were eventually agreed to on nine (9) of the
properties. The remaining two properties have continued through the eminent domain process with the filings starting on the first property in November 2020. The trial for that property was held in early February 2022 with the City’s valuation of the acquisition being upheld and no additional funds being awarded for damages. The filings for the other property started in
February 2021 and the trail is scheduled for late March 2022. While preparing for the trial,
negotiations will continue to try reach a settlement before trial.
HDR has performed numerous tasks that were outside of the original scope of work in finishing the acquisitions and especially in assisting with the eminent domain properties. The assistance provided for the eminent domain properties has been well in excess of the $30,000 that was
estimated in late 2020 and allowed by Council on December 14, 2020 for each eminent domain
property. In particular, including all of the expert witnesses under their contract instead of having separate contracts with the City, which accounts for almost half the cost of this amendment.
The additional work that was completed in 2021, a total of almost $52,000 is outlined in HDR’s request for contract amendment (Attachment 1). The work that is remaining for 2022, estimated
at almost $100,000, is largely associated with eminent domain assistance and closing the project
files, including preparing documents for acceptance of the ROW by the City and then transferring the ROW along Wadsworth to CDOT. As before, HDR is including any necessary expert witnesses as a part of their contract with the City.
Council Action Form – Wadsworth Boulevard HDR ROW Contract Amendment February 28, 2022
Page 3
This contract amendment has been delayed due to finalizing the various sub-consultant contracts for the eminent domain cases. Both HDR and City staff preferred to do just one amendment and
the last sub-consultant contracts took longer than expected to finalize.
RECOMMENDATIONS: Staff recommends amending the contract for the Improve Wadsworth Project, ROW Acquisition Consulting Services, with HDR Engineering, Inc., to include the additional scope and fee needed to complete the project.
RECOMMENDED MOTION:
“I move to amend the contract for Right-of-Way Acquisition Services for the Improve Wadsworth Project with HDR Engineering, Inc., Denver, CO, for additional fees in the amount of $151,810.54 for a total project cost of $1,804,912.82.”
Or,
“I move to deny amending the contract for Right-of-Way Acquisition Services for the Improve
Wadsworth Project with HDR Engineering, Inc., Denver, CO, for additional fees in the amount of $151,810.54 for a total project cost of $1,804,912.82, for the following reason(s): __________________________________________.”
REPORT PREPARED/REVIEWED BY:
Mark Westberg, Project Manager
Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager
ATTACHMENTS:
1. Request for Second Contract Modification
hdrinc.com
January 21, 2022
City of Wheat Ridge – Public Works
Attn: Mark A. Westberg, PE, CFM
7500 West 29th Avenue
What Ridge, CO 80033
RE: Request for Second Contract Modification for HDR Contract with the City of
Wheat Ridge for Right of Way Services for the Wadsworth Widening, from West
35th Avenue to I-70 Project
Dear Mark,
This letter submits our request for a second modification of HDR’s contract with the City of
Wheat Ridge for the Right-of-Way Services for the Wadsworth Widening, from West 35th
Avenue to I-70 Project. The request includes an invoice for time and costs incurred but not
billed from May 23, 2021 through December 24, 2021, and a project status report for such
invoice, and a scope of work and fee proposal for the effort associated with finishing the
right of way services need for the project. The proposed fee based is $151,810.54, consisting
of $51,810.31 for the invoice and $99,991.23 for the cost to complete scope of work and fee.
Please let me know if you have any questions.
Sincerely,
Greg Jamieson
Senior Right of Way Project Manager
Attachments:
Invoice, Progress Report, Scope of Work and Fee Proposal
Proforma Invoice
Reference Invoice Number with Payment
HDR Engineering Inc.
Denver, CO 80202-4824
HDR Invoice No.31-DRAFT
Invoice Date 25-DEC-2021
Phone: (303) 764-1520 Invoice Amount Due $51,810.31
Payment Terms 30 NET
Remit To PO Box 74008202
Chicago,IL 60674-8202City of Wheat Ridge CO, CO
Mark Westberg
7500 W 29th Ave
Wheat Ridge, CO 80033-8001
ACH/EFT Payments Bank of America ML US
ABA# 081000032
Account# 355004076604
City of Wheat Ridge/Wadsworth Widening ROW
RFQ-JN-18-08
Professional Services
From: 23-MAY-2021 To: 25-DEC-2021
Professional Services Summarization Hours Billing Rate Amount
Financial Analyst Fisher, Sandra Folse 5.75 41.11 236.38
Planner I Lopez, Claudia (Claudia)110.75 28.50 3,156.38
Pietri, Carlos A 91.75 35.86 3,290.16
Project Manager I Vallard, Konrad Wayne 40.25 49.14 1,977.89
Project Manager IV Jamieson, Gregory A 44.25 78.58 3,477.17
Right-of-Way Specialist Ault, Heather Marie 99.50 27.52 2,738.24
Bartell, Valerie Carissa 2.00 44.47 88.94
Dennis, Kate Marie (Kate)46.50 29.98 1,394.07
Sanchez, Crystal 54.50 36.56 1,992.52
Wood, Ian Aloysius 0.50 26.28 13.14
495.75 $18,364.89
OH @ 150.81%15,670.04
OH @ 147.06%11,727.00
FCCM @ .2536%20.22
FCCM @ .574%59.66
Profit @ 13%5,949.06
Total Professional Services $51,790.87
Expense Summarization Quantity Billing Rate Amount
Postage Express Freight 19.44
Total Expenses $19.44
Amount Due This Invoice (USD)$51,810.31
Proforma Invoice
HDR Invoice No.31-DRAFT
Invoice Date 25-DEC-2021
XXX For questions regarding this invoice contact Sandra Fisher at (303) 318-6261.
Fee Amount $1,653,102.28
Fee Invoiced to Date $1,700,815.81
Fee Remaining ($47,713.53)
HDR Internal Reference Only
Client Number 4823
Cost Center 10031
Project Number 10151494
Project Status Report for Unbilled HDR Labor from 5/23/21 through 12/25/21 for Project #10151494 –
Wadsworth Widening ROW:
• Coordination with contractor and construction oversight team on contractor and construction
questions and issues, including compiling and sending all memorandum of agreements to the
contractor, topo coding on survey and ROW plans, Denver Water utility issue, assist City with
shutting down utilities for Schitter’s rental house, protecting Schitter’s pump house, getting Kate
Binning landowner contact info, determining which trees can be removed on certain properties,
and review files to respond to FirstBank’s request for a chain link fence.
• Coordination with Joe Rivera and Mark Westberg on support for condemnation actions,
including analysis of Pep Boys before and after parking to confirm that less than 10% of overall
parking is impacted, responding to discovery requests, arranging for CDOT review of Pacific
Realty landowner appraisal, coordination with Harold McCloud on his rebuttal report for Pacific
Realty, and coordination with Ken Puncerelli as land planner expert witness for Pacific Realty
valuation trial.
• Work with Fidelity to set up closings on acquisitions with fully executed agreements. Work with
Fidelity and City on getting lien releases from lenders for closings. Work with City to fund such
closings. Follow up on completed closings.
• Work with Mark Westberg on out of the ordinary issues associated with closings, like unique
requests from some lenders for documents and fees for lien releases, working with lenders that
refuse to do lien releases and lenders requesting boundary surveys as a precondition to lien
releases.
• Maintain spread sheet of the status of all closings.
• Assist City with resolution of issue wherein Wilmore Center cut off access for RISAS Dental
through Wilmore property.
• Assist City with Holy Cross req for additional funds.
• Negotiation for final acquisitions.
• Preparation of relocation determinations for Raliberto’s, Kay, Schitter and Bank of the West.
• Preparation of relocation claims for Midas, Kay, Schitter and Bank of the West. Arrange for
payment of such claims.
• Preparation of relocation claims for personal property relocations. Arrange for payment of such
claims.
• Provide relocation assistance for displaced occupants.
• Prepare recommendations for administrative settlements. Coordinate approval of the same
with the City and CDOT.
• Research and prepare summary of outstanding ROW and relocation costs not included in prior
CDOT relocation requests. Correspondence with Mark re: same.
• Prepare ROW reimbursement request Nos. 7, 8 and 9 for CDOT. Prepare and deliver all backup
documentation for such requests, including final files and recommendations for administrative
settlements.
• Prepare FHWA report for acquisitions and relocations requested by CDOT.
• Prepare agendas for and conduct ROW project status meetings with Mark Westberg.
• Update M. Westberg on project status, ROW decisions and ROW schedule.
• Update ROW project tracking sheet
• Internal project coordination. Internal and external correspondence concerning subconsultant
management and payment.
• Coordination with City, landowners, and landowner appraisers re: payment of landowner
appraisal fees
• Review and approve payment invoices from subconsultants.
• Prepare, review and submit monthly invoice to Wheat Ridge.
Task Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Lisa Braden Consultant Fees
I. PM Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Lisa Braden Consultant Fees
a. Prepare CDOT Reimbursement Requests 2
Backup documentation compilation for Req #9 & Req #10 11 2
c. Process and Review Monthy Invoices
Assume 6 invoices - January 2022 through June 2022 3 12
d. Contract Management for Subconsultants for Condemnation 4 2 8 4
II. RIGHT OF WAY PLANS Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Lisa Braden Consultant Fees
a. Coordination with City, CDOT and Topographic on final set of ROW plans and CDOT
approval of the same 4 8
b. Coordination with City, CDOT and Topographic on legal descriptions and modified ROW
plans, if needed, for City's conveyance to CDOT of certain ROW parcels 6 8
c. Topographic fee for preparing final ROW plans, getting same approved by CDOT, perparing
legal descriptions and modified ROW plans, if needed, for City's conveyance to CDOT of
certain ROW parcels , and construction legal description, surveying and ROW plans
construction support $22,822
III. ACQUISITION NEGOTIATION Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Lisa Braden Consultant Fees
(28) CINNA Inc.: prepare preliminary final file to support CDOT reimb req #9; prepare and
submit final file after condemnation is resolved 2
(40) Vohoska Family Trust: prepare and submit final file 2 1
(41) Pacific Realty Associates, L.P.: prepare preliminary final file to support CDOT reimb req
#9; prepare and submit final file after condemnation is resolved 1 2 2
(50) Holy Cross: process additional payment and update final file 4
IV. CONSTRUCTION SUPPORT Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Lisa Braden Consultant Fees
Provide right of way services to support construction 8 8 2 2 4
VI. RELOCATION Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Lisa Braden Consultant Fees
Rallibertos: process claims, prepare and submit final file 4 1
Owners of Rallibertos: prepare and submit final file 2 1
Bank of the West: process claims, closeout, prepare and submit final file 1 6
Schitter: prepare and submit final file 1 4
Kay (Schitter's tenant): prepare and approve determinations, relocation assistance, process
claims, closeout; prepare and submit final file 1 12
Bailee (Personal Property): process claims, closeout, prepare and submit final file 2
Lai Fong Choo's Tenant (Personal Property): process claims, closeout, prepare and submit final
file 2
VII. ADDITONAL SERVICES Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Lisa Braden Consultant Fees
Final Project Closeout and Other Requested Services 8 2 4
TOTALS - FROM ABOVE 36 2 32 8 29 2 2 28 20 4 $22,822
Scope of Work - ROW for Wadsworth Widening, Contract Modification #2
VI. CONDEMNATION Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Lisa Braden Consultant Fees
(28) CINNA
Condemnation support. Prepare for and testify at valuation trial 6
Harold McCloud: Prepare for and testify at deposition and valuation trial
24 hrs X $300/hr = $7,200 $7,200
(41) Pacific Realty
Condemnation support. Prepare for and testify at valuation trial 6
Charles Nelson: Prepare for and testify at depositon and valuation Trial
24 hrs X $250/hr = $6,000 $6,000
Harold McCloud: Prepare for and testify at deposition and valuation trial
16 hrs X $300/hr = $4,800 $4,800
LAI Design Group (Ken Puncerelli) - expert report, exhibit report, prepare and testify at
valuation trial $32,400
TOTALS - CONDEMNATION ONLY 12 0 0 0 0 0 0 0 0 0 50400
GRAND TOTAL 48 2 32 8 29 2 2 28 20 4 $73,222
Project Number
Location
Firm Name HDR Engineering, Inc.Contract:OLA#:2.BlankName of Preparer Phone no.
Scope of Work DateType of Proposal: COST PLUS FIXED FEE Contract Term:
1A.LABOR RATES DIRECT LABOR
SALARY INDIRECT RATE
EMPLOYEE EMPLOYEE COST/HOUR COST (%)MULTIPLIER $/HOUR
NAME CLASSIFICATION ( a )( b )( c )( d )
Office Personnel
Ault, Heather Marie Right-of-Way Specialist 27.52$ 147.06%2.4706 67.99$
Braden, Lisa A Planner II 49.24$ 147.06%2.4706 121.65$
Dennis, Kate Marie (Kate)Right-of-Way Specialist 29.98$ 147.06%2.4706 74.07$ Fisher, Sandra Folse Financial Analyst 41.11$ 147.06%2.4706 101.57$ Gerondale, Lisa R Project Manager III 63.71$ 147.06%2.4706 157.40$ Jamieson, Gregory A Project Manager IV 78.58$ 147.06%2.4706 194.14$
Lee, Melinda (Mel)Project Manager III 64.75$ 147.06%2.4706 159.97$
Lopez, Claudia (Claudia)Planner I 28.50$ 147.06%2.4706 70.41$
Pietri, Carlos A Planner I 35.86$ 147.06%2.4706 88.60$
Sanchez, Crystal Right-of-Way Specialist 36.56$ 147.06%2.4706 90.33$
Vallard, Konrad Wayne Project Manager I 49.14$ 147.06%2.4706 121.41$ Wood, Ian Aloysius Right-of-Way Specialist 26.28$ 147.06%2.4706 64.93$
1B.LABOR COSTS ESTIMATED
LABOR RATE NUMBER OF ESTIMATED
EMPLOYEE EMPLOYEE $ / HOUR WORK HOURS COST PER
NAME CLASSIFICATION ( d )( e )EMPLOYEE
Office Personnel
Ault, Heather Marie Right-of-Way Specialist 67.99$ 28.00 1,903.72$ Braden, Lisa A Planner II 121.65$ 4.00 486.60$ Dennis, Kate Marie (Kate)Right-of-Way Specialist 74.07$ 2.00 148.14$ Fisher, Sandra Folse Financial Analyst 101.57$ 20.00 2,031.40$
Gerondale, Lisa R Project Manager III 157.40$ 2.00 314.80$
Jamieson, Gregory A Project Manager IV 194.14$ 48.00 9,318.72$
Lee, Melinda (Mel)Project Manager III 159.97$ 0.00 -$
Lopez, Claudia (Claudia)Planner I 70.41$ 2.00 140.82$
Pietri, Carlos A Planner I 88.60$ 29.00 2,569.40$
Sanchez, Crystal Right-of-Way Specialist 90.33$ 8.00 722.64$ Vallard, Konrad Wayne Project Manager I 121.41$ 32.00 3,885.12$ Wood, Ian Aloysius Right-of-Way Specialist 64.93$ 0.00 -$
TOTAL HOURS 175.00
TOTAL LABOR 21,521.36$
2. FEE %13.00%FIXED FEE 2,797.78$
FCCM - Office 0.2536%22.09$
FCCM - Field 0.1319%-$ TOTAL 24,341.23$
3A.OTHER DIRECT COST RATES (IN-HOUSE)*:
ITEM ESTIMATED UNIT ESTIMATED
UNITS RATES COST
Mileage 300 0.50$ 150.00$
*Prior Approval from CDOT Project Manager required SUBTOTAL 150.00$
3B.OTHER DIRECT COSTS (OUTSIDE)*:ESTIMATED UNIT ESTIMATED
ITEM UNITS RATES COST
Other Actual Cost 100.00$
*Prior Approval from CDOT Project Manager required SUBTOTAL 100.00$
ODC TOTAL 250.00$
4A.OUTSIDE SERVICES RATES (SUBCONSULTANTS)ESTIMATED COSTTopographic25,000.00$
Harold McCloud 12,000.00$
Charles Nelson 6,000.00$
LAI Group 32,400.00$
4B.OUTSIDE SERVICES (VENDORS)*:ESTIMATED
PROJECT COST WORKSHEET (COST PLUS FIXED FEE)
Greg Jamieson
NHPP 1211-086
Wadsworth (SH 121), W. 35th Ave. to I-70
1.Blank 303-929-9367
TBD TBD
COST
*Prior Approval from CDOT Project Manager required
TOTAL OUTSIDE SERVICES 75,400.00$
24,591.23$
TOTAL ESTIMATED COST 99,991.23$
R. Bradley Martin, Sr. Vice President
I am a representative of HDR Engineering, Inc., duly authorized to contractually bind the firm. My signature below constitutes formal agreement (without
further signature) to a Task Order, which is issued by the State pursuant to the terms of this Task Order Proposal, without substantive change. I also declare
that to the best of my knowledge the wage rates and other factual unit rates supporting the compensation to be paid by CDOT for the professional services on this document are accurate, complete, and current at the time of contracting, and include no unallowable or duplicate costs.
TOTAL HDR SERVICES
DATE
SIGNATURETYPED NAME
EMAIL:PHONE #303-989-1461 x600
COST PLUS FIXED FEE CONTRACT #TASK ORDER #:
1A.LABOR RATES Direct Salary Indirect Cost Labor rate
Cost / Rate %$/Hour
Dumas, Stephen E, RPLS Principal Surveyor 73.95$ 190.96 215.16$
McInnis, Melissa Contract Administrator 36.06$ 190.96 104.92$
Norton, Van Party Chief 33.00$ 190.96 96.02$
Oddie, Michelle Survey Technician I 25.00$ 190.96 72.74$
Pegues, Jeremy, PLS Principal Surveyor 48.08$ 190.96 139.89$
Smith, Chet, PLS Principal Surveyor 52.88$ 190.96 153.86$
1B.LABOR COSTS:
Labor Estimated Number Estimated Cost
Employee Name Employee Classification Rate $/Hour Of Work Hours Per Employee
Dumas, Stephen E, RPLS Principal Surveyor 215.16$ 1.0 215.16$
McInnis, Melissa Contract Administrator 104.92$ 2.0 209.84$
Norton, Van Party Chief 96.02$ 40.0 3,840.80$
Oddie, Michelle Survey Technician I 72.74$ 86.0 6,255.64$
Pegues, Jeremy, PLS Principal Surveyor 139.89$ 72.0 10,072.08$
Smith, Chet, PLS Principal Surveyor 153.86$ 1.0 153.86$
TOTAL LABOR: 20,747.38$
2A.FIXED FEE 10.00%FIXED FEE: 2,074.74$
SCOPE OF WORK DATE:
TYPE OF PROPOSAL:
Employee Name Employee Classification
TOPOGRAPHIC CO
MELISSA MCINNIS
PROJECT COST WORKSHEET (COST PLUS FIXED FEE)
WADSWORTH - WR PARCELS
MELISSA.MCINNIS@TOPOGRAPHIC.COM
PROJECT NO:
LOCATION:
FIRM NAME:
NAME OF PREPARER:
D:\MY FILES\CDOT\TOPOGRAPHIC\PROJECT COST WORKSHEETS\HDR\Wadsworth_WR Parcels.xlsx
3A.OTHER DIRECT COST RATES (IN-HOUSE) *:
Item Estimated Units Unit Rates Estimated Cost
Printing - B/W - ALL SIZES (ea)0 $0.05 0.00
Printing - Color - 8 1/2x11 (ea)0 $0.50 0.00
Printing - Color - 8 1/2x14 (ea)0 $1.50 0.00
Printing - Color - 11x17 (ea)0 $2.00 0.00
Plotting - B/W (sq ft)0 $0.25 0.00
Plotting - Mylar (sq ft)0 $2.00 0.00
TRAVEL
Mileage (mile)100 0.53 53.00
* Prior Approval from CDOT Project Manager required SUBTOTAL 53.00$
3B.OTHER DIRECT COST RATES (OUTSIDE) *:
Item Estimated Units Unit Rates Estimated Cost
Delivery Service/Postage (ea)0 $0.00 0.00
Copies of Plats/Deeds (ea)0 $0.00 0.00
Survey Material (LS)1 $0.00 0.00
County Recordation (ea)0 $0.00 0.00
0.00
Per Diem 0 0.00
Lodging 0 0.00
* Prior Approval from CDOT Project Manager required SUBTOTAL -$
TOTAL ODC 53.00$
4A.OUTSIDE SERVICES RATES (SUBCONSULTANTS):
Estimated Cost
0.00
0.00
Subtotal Outside Services (Subs)$0.00
4B.OUTSIDE SERVICES RATES (VENDORS)*:
Estimated Cost
0.00
0.00
Subtotal Outside Services (Vendors)$0.00
5.TOTAL ESTIMATED COST TOTAL 22,875.12$
S. Erik Dumas, Director of Civil Surveying(Typed Name and Title)
I am a representative of Topographic, Co., duly authorized to contractually bind the firm. My signature below constitutes formal agreement (without further signature) to a Task Order, which is issued by the State pursuant to the terms of this Task Order Proposal, without substantive change. I also declare that to the best of my knowledge the wage rates and other factual unit rates supporting the compensation to be paid by CDOT for the professional services on this document are accurate, complete, and current at the time of contracting, and include no unallowable or duplicate costs.
Firm Name
Firm Name
TRAVEL Actual reasonable costs subject to state fiscal rulesActual reasonable costs subject to state fiscal rules
(Date Signed)
(Signature)
PLOTTING/REPRODUCTION/COPIES
D:\MY FILES\CDOT\TOPOGRAPHIC\PROJECT COST WORKSHEETS\HDR\Wadsworth_WR Parcels.xlsx
01-19-2022
Design Group HDR Engineering, Inc.
City of Wheat Ridge Right of Way Expansion Pacific Realty/Pep Boys Site 1
SCOPE OF PROJECT
Architecture | Planning | Real Estate Advisory | Landscape Architecture | Visual Media | www.LAIdesigngroup.com
In order for our office to proceed with the work in a timely manner, please sign and email the included WORK AUTHORIZATION to ctinker@LAIdesigngroup.com or fax to 303-734-1778. Thank you!
Client: HDR Engineering, Inc. Project #: 211106
ATTN: Greg Jamieson, Senior Right of Way Manager
Project Name: City of Wheat Ridge Right of
Way Expansion Pacific Realty/
Pep Boys Site
Address: 1670 Broadway, Suite 3400 Date: 12/17/2021
Denver, CO 80202 Pages: 5
Phone: 303-323-9790
Email: gregory.jamieson@hdrinc.com
Note: Greg Jamieson is defined to include the Client above-named and its agents, assigns and Contractor(s).
Scope of Services: Client has requested LAI’s services for Expert Witness and Testimony along with exhibits and support graphics to depict
right-of-way expansion at the Pacific Realty/Pep Boys site in Wheat Ridge, Colorado.
LAI will create exhibits and support graphics to depict the before & after condition of the property based on the proposed right-of-way
expansion.
Products
• Client to provide property information as available
• Site visits as needed
• Exhibits may include as appropriate and if needed:
• Before-Condition Analysis (Site Plan)
• After-Condition Analysis (Site Plan)
Note: If project circumstances require additional time, LAI shall provide such services on an hourly time & materials basis. Prior to
commencing with additional work, LAI shall receive written authorization from Client prior to proceeding with work.
LAI shall prepare Expert Report, Narratives and compile Exhibits and Support Graphics to depict the before & after condition of the
property based on the proposed right-of-way expansion.
Products May Include:
• Case File Review of existing zoning, site conditions, zoning documents and associated information provided by Client and/or
Legal Team
• Preparation of Exhibits, Narratives or Reports as required
• Expert Report as needed
• Rebuttal Reports and Narratives as necessary
• Preparation for Expert Testimony or Deposition or Trial ($350/hr. rate applies to this work product)
• Client meetings
• Client to provide property information as available
Note: If project circumstances require additional time, LAI shall provide such services on an hourly time & materials basis. Prior to
commencing with additional work, LAI shall receive written authorization from Client prior to proceeding with work.
STEP ONE: EXHIBITS & EXPERT WITNESS CONSULTING
Task 1: Site Plan Exhibits & Support Graphics Hourly Estimated Fee: $12,000
Task 2: Expert Witness Report Hourly Estimated Fee: $12,000
Design Group HDR Engineering, Inc.
City of Wheat Ridge Right of Way Expansion Pacific Realty/Pep Boys Site 2
SCOPE OF PROJECT
Architecture | Planning | Real Estate Advisory | Landscape Architecture | Visual Media | www.LAIdesigngroup.com
Products May Include:
• Preparation for Expert Testimony and Deposition (assumes eight (8) hours)
• Trial Preparation & Trial (assumes eight (8) hours)
• Client meetings (assumes eight (8) hours)
Note: If project circumstances require additional time, LAI shall provide such services on an hourly time & materials basis. Prior to
commencing with additional work, LAI shall receive written authorization from Client prior to proceeding with work.
FEE SUMMARY EXPERT WITNESS RATE TIME REQUIRED
(Approximate)
Task 1: Site Plan Exhibits & Support Graphics $350/hr 34 Hours
Task 2: Expert Witness Report $350/hr 34 Hours
Task 3: Expert Testimony & Meetings $350/hr 24 Hours
TOTAL ESTIMATED FEES: $32,400
Task 3: Expert Testimony & Meetings Hourly Estimated Fee: $8,400
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Design Group HDR Engineering, Inc.
City of Wheat Ridge Right of Way Expansion Pacific Realty/Pep Boys Site
3
BASIS OF COMPENSATION
STEP ONE: EXHIBITS & EXPERT WITNESS CONSULTING
FEE
Task 1: Site Plan Exhibits & Support Graphics
Hourly Estimated Fee
$12,000
Task 2: Expert Witness Report
Hourly Estimated Fee
$12,000
Task 3: Expert Testimony & Meetings
Hourly Estimated Fee
$8,400
TOTAL FEE
Plus Reimbursable Expenses $32,400
ITEMS NOT INCLUDED BUT AVAILABLE UPON REQUEST
◼ That which has not been defined in the scope of services
◼ Additional concepts, designs, or revisions not defined within the scope of services
◼ Civil Engineering, Geotechnical Engineering, Environmental Investigation or Analysis - By Owner
◼ Marketing Cut-Sheets, Brochures & Website Design
◼ ◼ Interior Design Services
◼ Specialty Consultants (ADA, Acoustical, Building Envelope/Waterproofing, etc.)
◼ Additional Meetings or Submittals
◼ CO/CA Services
◼ 3rd Party Inspection or Material Testing Services – by Owner
◼ Architecture
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Design Group HDR Engineering, Inc.
City of Wheat Ridge Right of Way Expansion Pacific Realty/Pep Boys Site
4
TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS GENERAL APPLICATION
These Terms and Conditions apply to and govern the relationship between LAI and the Client for or related to the Project, not only for the Agreement for Professional
Services, but also for and including any after-executed agreements and undertakings (such as but not limited to Additional Services agreement(s) and Items Not Included
But Available Upon Request).
AUTHORIZATION LAI is prepared to commence services immediately upon receipt of authorization to proceed. Please verify acceptance
of this Agreement by executing the Work Authorization accepting the terms and conditions of the Agreement for Professional Services and returning to LAI. Receipt of a
retainer as specified in this Agreement is also required. Non-written directives to proceed such as verbal direction or physical gestures during a meeting, via telephone, or via e-
mail will be considered authorization to proceed. This proposal will be considered a binding agreement for the Client to be invoiced based on the fee structure, hourly rate,
as well as the terms and conditions of this Agreement.
CONSTRUCTION OBSERVATION/CONSTRUCTION ADMINISTRATION (CO/CA) If the Client (defined to include Client, its agents, assigns and
Contractor(s)) elects not to contract with LAI and its sub consultants to perform CO and CA services which may include the following;
Definitions • CO construction site observations and walk-throughs
during periodic review of construction progress. • CA services which may include RFI’s, phone
coordination, and review of shop drawings as well as potential value engineering services with the Client’s contractors.
The Client, Contractors and/or its agents and assigns assume all responsibility to perform these duties on its own and therefore releases LAI and its sub-consultants from any
and all liability indefinitely and will indemnify LAI against any and all construction-related claims.
OWNERSHIP Drawings, Specifications, and Reports prepared by LAI are, and shall remain, the property of LAI whether the project is
executed or not. The Client shall be permitted to retain copies of said Drawings, Specifications, and Reports including reproducible copies, for information and reference
in connection with the Client’s use on this project, upon receipt of payment in full for any and all outstanding invoices.
PROJECT DELAYS
In the event that a project is put on hold by the Client for a 3-month period or longer, LAI reserves the right to charge an administrative hourly fee to restore and reactivate the
project. If a project requires reactivation after a period of 1 year or longer, LAI reserves the right to adjust fees upward due to annual inflation, increased professional rates, and
increased costs of doing business.
CREDIT Any work, published or exhibited, shall give appropriate credit to LAI on all reproductions.
CONTRACTOR CHANGE ORDERS
Regardless of contract arrangement(s) the Client has with their contractor(s), LAI and its design team shall not be responsible for any and all change orders that may occur. It
is understood by all that no set of plans is all inclusive and that field adjustment, or changes of intent resulting from other actions that may or may not stem from sequences in
construction, building department field inspections, or Client/contractor decisions, may impact the outcome of design and/or construction of the project.
BASIC A&E SERVICES
Basic A&E services constitute the preparation of a builders set of plans that are price-able, permit-able, and build-able, which are not an exhaustive set of plans, details and/or specifications. Additionally, basic services do not include
construction administration or observation services (CO/CA).
INSURANCE Our current insurance policy provides coverage for design
services in the areas of architecture, landscape architecture and visual media with ERRORS & OMISSIONS and GENERAL LIABILITY COVERAGE. Our insurance provides
coverage as a design consultant which includes developing plans, specifications and normal course of business from concept through construction documents and construction
observation and administration and when requested we can provide certificates of insurance. Client is required to procure and maintain a group wrap indemnification insurance policy
for the Project which names LAI and its design team as additional insureds for construction defect litigation and all other claims. The Client shall provide LAI and its design
team a copy of insurance certificate(s) for the Project consistent with this requirement.
JURISDICTION AND VENUE The parties expressly agree that this Agreement is made
and executed by them in the State of Colorado, is intended to be performed by them there and shall be subject to and governed by the laws of the State of Colorado, without
regard to its choice of laws rules. The parties further agree that Colorado District Courts have exclusive jurisdiction for trial or resolution of all disputes or other issues arising out of
or related to the Agreement. The parties expressly agree that venue for the resolution of disputes lies exclusively in Arapahoe County, Colorado. Each of the parties expressly
agrees to and waives any objection to jurisdiction or venue as stated herein.
LIMITATION OF LIABILITY It is understood that the total liability of LAI for any claim by
Client arising out of or related to the provision of professional services on this Project shall be limited to a maximum of the net fee received by LAI, not including reimbursable
expenses and payments to sub consultants, for all services rendered on the project. Unless explicitly stated otherwise elsewhere in this Agreement, no person other than the parties themselves has any rights or remedies under this
Agreement. LAI and its design team shall not be responsible for any and all liability associated with lawsuits resulting from the project by HOAs, Special Districts, buyers, sellers,
developers, as well as owners of the project and property development in perpetuity and Client will indemnify LAI from the same.
REVISIONS AND ADDITIONAL WORK
Should revisions and additional work be requested or required, other than those specified in this Agreement, or preparation of additional drawings, exhibits, or presentations
be necessary, or time for additional meetings be required, time will be invoiced at the rates specified in the Agreement for Professional Services. Prior to commencement of
revisions or additional services, LAI will generally obtain written work authorization(s) from the Client; however, non-written directives to proceed such as verbal direction or
physical gestures during a meeting, via telephone, or via e-mail will be considered authorization to proceed and will be considered a binding agreement for the Client to be invoiced
per the hourly rate schedule and in accordance with this Agreement, and shall be confirmed in writing at the earliest opportunity by either Client or LAI.
ADDITIONAL SERVICES
Should additional work or revisions be required beyond the scope of this Agreement, notification will be given to the Client for further fee or services authorization. The parties
agree to negotiate such issues and services in good faith and to execute Additional Services Agreement(s) as appropriate.
DISPUTES
In the event of any dispute arising under the terms of the Agreement, or in the event of non-payment, where the matter is referred to an attorney (including in-house attorney(s)), the party prevailing in such dispute or action
shall be entitled, in addition to other damages or costs, to receive reasonable attorneys’ fees and court costs from the other party, including for pre-litigation attorney fees. Fees
shall be awarded and/or paid whether such dispute is settled through litigation, arbitration, or amicable settlement. In the event of any dispute, LAI will retain all drawings until the
dispute is resolved.
REIMBURSABLE EXPENSES Out of pocket expenses incurred in providing services are
reimbursable and will be charged at actual cost plus an administrative handling charge of fifteen percent (15%). Such expenses include but are not limited to transportation,
airfare, hotels, meals and living costs while traveling, long distance communications, sub consultant fees if billed through LAI, mail, shipping, and courier services,
presentation, reproduction and printing costs, photography, etc. Travel time will be charged at half the standard hourly rate. These expenses will be billed to the Client monthly, as
incurred. Should the Client require LAI to provide documentation of reimbursable expenses, time to do so will be invoiced as an additional charge at a rate of $75/hr. for
administrative time, and shall be an extra cost to the project and invoiced to the Client.
PAYMENT TO LAI A deposit retainer of $10,000 is required with the execution
of Agreement and prior to commencing work. Retainers will be credited to each invoice until depleted. Once the retainer is depleted, the Client is required to replenish the retainer as
well as to pay any outstanding balance due in order for work to continue. Services performed on a fixed fee basis may be billed, at LAI’s discretion, every 15 days based upon
percentage of completion. Services performed on an hourly basis may be billed, at LAI’s discretion, every 15 days at the rates specified in the Agreement for Professional Services.
Invoices are due and payable upon receipt. Should payment not be made within thirty (30) days of the invoice date, the amount unpaid shall bear interest at the rate or 1.5% per
month (18% per annum) or the maximum rate allowed by law, if lower. If payment is not made within ten (10) days of any invoice date, at LAI’s discretion work may be suspended
until payment has been received. All outstanding invoices, expenses, and/or retainer replenishment payments must be paid prior to any and all submittals, project milestones, or
release of final work product. Final payment for all services and for all costs and expenses shall be due upon completion of the LAI’s work and prior to release of work covered in this Agreement. Payment is not subject to the approval of the
project and/or the cash flow status of the project. Regardless of payment due dates, Client shall have 30 days from any invoice date to review and dispute any invoiced charge in
writing. If LAI does not receive written objection within 30 days of any invoice date, the Client accepts and agrees to pay all charges in full. See also DISPUTES above.
TERMINATION
Without limiting the generality of the foregoing, this Agreement may be terminated without cause by either party by written notice from one party to the other at least seven
calendar (7) days prior to termination. Termination of this Agreement shall also terminate all subsequent Agreement(s) arising out of or related to the Project. Upon termination,
payment shall be made to LAI for all services performed and reimbursable expenses up to the date of the termination.
EXPIRATION The quoted fees as set forth in the agreement shall be in
effect for a period of ninety (90) days from the date of this Agreement.
ACCEPTANCE Upon acceptance of this agreement, LAI will commence with
services upon receipt of the retainer
ENTIRE AGREEMENT Except for certain non-written directives to proceed by Client contemplated herein, the parties intend that this Agreement,
together with all attachments, schedules, exhibits, and other documents are referenced in this Agreement and refer to this Agreement represent the final expression of the parties'
intent and the agreement between the parties relating to the subject matter and the Project, contain all the terms the parties agreed to relating to the subject matter, and replace all the parties' previous discussions, understandings, and
agreements relating to the subject matter.
AUTHORITY Each person signing this Agreement (and any subsequent or related Agreement(s)) has the requisite
power and authority to enter into this Agreement on behalf of and to bind the entity for which he or she is signing to the terms and conditions of the Agreement.
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Design Group HDR Engineering, Inc.
City of Wheat Ridge Right of Way Expansion Pacific Realty/Pep Boys Site
5
AGREEMENT FOR PROFESSIONAL SERVICES
Client: HDR Engineering, Inc.
ATTN: Greg Jamieson
Senior Right of Way Manager
Address: 1670 Broadway, Suite 3400
Denver, CO 80202
Phone: 303-323-9790
Email: gregory.jamieson@hdrinc.com
And: LAI Design Group of Colorado, LLC (CONSULTANT)
Date: 12/17/2021
Address: 88 Inverness Circle East
Building J, Suite 101
Englewood, CO 80112
Phone: 303.734.1777
Email: kpuncerelli@LAIdesigngroup.com
For: PROJECT #211106 — City of Wheat Ridge Right of Way Expansion Pacific Realty/Pep Boys Site
Step/Task: Step One | Tasks 1-3
Total Fee: $32,400 - TOTAL FEES - PLUS REIMBURSABLE EXPENSES
Payment: INVOICES ARE DUE AND PAYABLE UPON RECEIPT
Retainer: A retainer of $10,000 is required with the execution of Agreement and prior to commencing work. Retainers will be
credited to each invoice. Once the retainer is depleted, the Client is required to replenish the retainer as well as to
pay any outstanding balance due in order for work to continue. Services performed on an hourly basis will be billed every
15 days at the rates specified in the Agreement for Professional Services. Invoices are due and payable upon receipt. To
proceed, please wire the deposit as shown below or send a check by overnight FedEx to LAI Design Group.
Wire Instructions: Wells Fargo Bank, 66 W Springer Drive, Highlands Ranch, CO 80129
Routing: 102000076 Account: 8891622733
If additional services or a modification of the original Scope of
Services occurs, as is authorized or confirmed by HDR
Engineering, Inc. a supplemental agreement will be
executed between HDR Engineering, Inc. and LAI Design
Group of Colorado, LLC. However, non-written directives to
proceed such as during a meeting, via telephone, or written in
an e-mail will be considered authorization to proceed and will
be considered a binding agreement for the Client to be
invoiced based on the fee structure, hourly rates, as well as
the terms and conditions of this Agreement.
TERMS AND CONDITIONS:
As outlined in this Work Authorization
ACCEPTED:
Note: All other project-related out-of-pocket expenses are in addition to the
above fees and are charged at cost plus fifteen percent (15%)
Duly Authorized Representative for
HDR Engineering, Inc.
Print Name Date
Kenneth J. Puncerelli, Manager
LAI Design Group of Colorado, LLC
Kenneth J. Puncerelli
Print Name
Date
ADDITIONAL SERVICES OR MODIFICATIONS: HOURLY RATES FOR LAI PROFESSIONAL PERSONNEL:
◼ Principal $200-250
◼ Associate Principal
◼ Senior Associate
◼ Associate
$185
$110-145
$75-100
◼ Senior Associate $125-150
◼ Associate
◼ Expert Witness
◼ Financial Analyst / Investment Broker
$95-115
$350
$250
◼ 3D Animator/ Graphic & Multimedia Designer $110
◼ Financial Analyst / Investment Banker
◼ Senior Associate
◼ Associate
$200-250
$110-145
$75-100
◼ Project Coordinator $95
◼ Administrative $75
◼ Reimbursable Expenses
◼ Expert Witness
◼ Financial Analyst / Investment Broker
Cost plus 15%
$350
$250
◼ Expert Witness (Reports / Deposition & Trial) $350
ITEM NO: 2
DATE: February 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 06-2022 – A RESOLUTION APPROVING
THE FIRST AMENDMENT TO AN ENHANCED SALES TAX INCENTIVE PROGRAM AGREEMENT WITH APPLEJACK WINE AND SPIRITS LLC PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_________________________ City Manager ISSUE:
City Council approved an Enhanced Sales Tax Incentive Program (ESTIP) agreement with
Applejack Wine and Spirits LLC (Applejacks) on August 10, 2020. The agreement requires the City to share 100% of the increment generated from a 3.0% tax rate for a period of 10-years or a not to exceed amount of $990,146, whichever occurs first. The increment is all sales tax revenues above the base amount as defined in Section 4(b) of the Agreement. The base was set at
$42,417,000 in the original agreement. Applejack is requesting an amendment to the Agreement
to decrease the base amount to $41,889,587, a difference of $527,413, to reflect actual sales for the 12-month period before the Agreement was approved by City Council. PRIOR ACTION:
City Council provided a consensus to draft an ESTIP agreement with Applejacks at the
July 20, 2020 study session. City Council approved the ESTIP agreement on August 10, 2020. FINANCIAL IMPACT:
The City is currently obligated to share three (3.0) cent of its three and one-half (3½) cent sales
tax generated from this project, above the base, in an amount not-to-exceed $990,146. Applejacks is estimated to generate $99,001 initially in City sales tax increment, increasing to
Council Action Form – Applejacks ESTIP Amendment #1 February 28, 2022
Page 2
roughly $275,000 per year for the ten-year timeline. The Amendment will lower the base sales by $527,413 and the base sales tax by $15,822.
BACKGROUND: Wheat Ridge Code of Laws Chapter 22-73 establishes the ESTIP as an economic development tool. The goal of ESTIP is to encourage the establishment and/or substantial expansion of retail sales tax generating businesses within the city, thereby stimulating the economy of and within
the city, thereby providing employment for residents of the city and others, thereby further
expanding the goods available for purchase and consumption by residents of the city, and further increasing the sales taxes collected by the city. The increased sales tax collections will enable the city to provide expanded and improved municipal services to and for the benefit of the residents of the city.
The City of Wheat Ridge received a request from Jim Shpall, CEO and owner of Applejack Wine and Spirits, LLC, to enter into an ESTIP for the rebate of sales tax increment in association with a proposed remodel and rebranding of Applejack in 2020. The rebate request was for 100% of the increment generated for a period of 10-years or a total not to exceed amount of $990,146,
whichever occurs first. Applejacks invested approximately $6.6 million into the remodeling
project in 2021. Over $990 thousand of this investment has been determined to be eligible public improvements including general site improvements, façade upgrades, improved curbside merchandising in the post Covid world, and environmental remediation of asbestos.
Upon review of the agreement and actual numbers generated by the retail store per the agreed
upon period, a discrepancy of $527,413 in sales was discovered. This error stemmed from Applejack taking their internal sales sheet which includes delivery, some of which occurs in other municipalities (Denver, Arvada, Golden, Lakewood, etc.) and multiplying the sales number inclusive of delivery in other municipalities by the Wheat Ridge tax rate. Once they
reviewed the sales tax receipts and all sales occurring in Wheat Ridge (on site or delivery to a
Wheat Ridge address), actual sales were $41,889,587 in Wheat Ridge for the 12-month period from June 2019 to May 2020, resulting in sales tax revenue of $1,256,688 vs. the incorrect figure of $1,272,510 (a difference of $15,822).
Section 4(b) of the amended Applejack ESTIP should read:
b. The amount of Enhanced Sales Taxes shall be calculated as follows: • Gross sales on the property during the previous 12-month period of the date of the Agreement (June 2019 to May 2020) is agreed to be $41,889,587.
• Gross sales is then multiplied by the sales tax rate of 3%, producing a figure which the
Parties agree is a Base Amount of $1,256,688. RECOMMENDATIONS: Staff recommends approval of the Applejack ESTIP Agreement Amendment No. 1.
Council Action Form – Applejacks ESTIP Amendment #1 February 28, 2022
Page 3
RECOMMENDED MOTION: “I move to approve Resolution No. 06-2022, a resolution approving the First Amendment to an
Enhanced Sales Tax Improvement Program agreement with Applejack Wine and Spirits, LLC.”
Or, “I move to postpone indefinitely Resolution No. 06-2022, a resolution approving the First
Amendment to an Enhanced Sales Tax Improvement Program agreement with Applejack Wine and
Spirits, LLC for the following reason(s) _______________________.” REPORT PREPARED/REVIEWED BY: Steve Art, Economic Development Manager
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 06-2022 2. Exhibit 1 – Applejack Wine and Spirits ESTIP First Amendment to Agreement
CITY OF WHEAT RIDGE
RESOLUTION NO. 06 Series of 2022
TITLE: A RESOLUTION APPROVING THE FIRST AMENDMENT TO AN ENHANCED SALES TAX INCENTIVE PROGRAM AGREEMENT WITH APPLEJACK WINE AND SPIRITS LLC
WHEREAS, Division 4, Section 22-73 of the Wheat Ridge Code of Laws establishes an Enhanced Sales Tax Incentive Program; and
WHEREAS, the purpose of the Enhanced Sales Tax Incentive Program is to encourage the establishment and/or substantial expansion of retail sales tax generating businesses within the city; and
WHEREAS, City Council adopted Resolution 41-2020 approving an Enhanced
Sales Tax Incentive agreement with Applejack Wine and Spirit LLC (the “Agreement”); and
WHEREAS, Applejack Wine and Spirits LLC and City staff have determined that the June 2019 – May 2020 “Base Year” sales figures in the Agreement are incorrect and
accordingly do not properly establish the correct Base Amount for purposes of calculating
enhanced sales tax; and
WHEREAS, approval of an amendment recalculating Section 4(b) of the Agreement to reflect actual revenues will correct the 2020 Agreement; and
WHEREAS, City Council has conducted a proper public hearing on the proposed
amendment, meeting all public notice requirements as required by the Code of Laws.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. First Amendment to ESTIP Agreement approved. The first amendment to Enhanced Sales Tax Incentive Program Agreement with Applejack Wine
and Spirits LLC is hereby approved in the form attached as Exhibit 1, and the Mayor and
City Clerk are hereby authorized and directed to execute the same.
Section 2. Effective Date. This Resolution shall be effective upon adoption.
DONE AND RESOLVED by the City Council this 28th day of February 2022.
______________________
Bud Starker, Mayor
ATTEST:
_________________________ Steve Kirkpatrick, City Clerk
ATTACHMENT 1
EXHIBIT 1
First Amendment to ESTIP Agreement Applejack Wine & Spirits, LLC
[attached]
FIRST AMENDMENT TO AGREEMENT PURSUANT TO ENHANCED SALES TAX INCENTIVE PROGRAM: APPLEJACK WINE AND SPIRITS, LLC
This First Amendment to Agreement Pursuant to Enhanced Sales Tax Incentive Program
(“First Amendment"), is made and entered into as of the 28th day of February 2022, by and between Applejack Wine and Spirits, LLC, located at 3320 Youngfield Street, Wheat Ridge, Colorado 80033, hereinafter referred to as the “Owner" and the City of Wheat Ridge, Colorado, hereinafter referred to as the “City," collectively the “Parties," and each
individually, as a “Party."
RECITALS
Whereas, the City has adopted Chapter 22, Article 69 through 84 of the Wheat Ridge Code of Laws, entitled the Enhanced Sales Tax Incentive Program (the “ESTIP") to encourage in part the establishment of retail sales tax generating businesses within the
City; and
Whereas, the Owner and the City entered into that certain “Agreement Pursuant to Enhanced Sales Tax Incentive Program” as of the 10th day of August 2020; and
Whereas, the 2020 agreement, among other things, in satisfaction of the requirements of the City's ESTIP ordinance, provided for calculation of the “Base Amount”
of sales tax figures for the June 2019 - May 2020 period which is to be used for calculating enhanced sales taxes was incorrect; and
Whereas, the Parties wish to amend the 2020 Agreement to correct said Agreement in order to ensure that the proper figures are used to calculate the base year and Base Amount for purposes of the Agreement.
NOW, THEREFORE, in consideration of the foregoing covenants, promises and agreements of each of the Parties hereto in the 2020 Agreement and in this First Amendment, the Parties agree as follows:
1. The Recitals set forth above are incorporated in this First Amendment by reference.
2. Section 4b of the 2020 Agreement is amended and replaced to read it in its entirety as follows:
b. The amount of the Enhanced Sales Taxes shall be calculated as follows:
• Gross sales on the property during the previous 12-month period of the
date of the Agreement (June 2019 to May 2020) is agreed to be $41,889,587
• Gross sales is then multiplied by the sales tax rate of 3%, producing a figure which the Parties agree is the Base Amount of $1,256,687
ATTACHMENT 2
• This Base Amount of sales taxes shall be used in calculating Enhanced Sales Taxes, and is the amount against which sales tax collections
following the issuance of the Certificate of Occupancy shall be compared.
• For each 12-month period following the issuance of the Certificate of Occupancy, the excess of collections above the Base Amount shall be the Enhanced Sales Taxes for that 12-month period.
3. Effective date. This Amendment to Agreement is entered into pursuant to Paragraph 13 of the 2020 Agreement and shall be effective and binding upon the Parties subsequent to execution by both and as of the date first set forth above.
IN WITNESS WHEREOF, Owner and the City each causes this Amendment to Agreement to be executed by the authorized parties.
OWNER: Applejack Wine & Spirits, LLC
________________________________
Jack Shpall, Chief Executive Office
State of Colorado ) ) ss.
County of ________ )
The foregoing Agreement was acknowledged before me this ___ day of February 2022 by Jack Shpall as Chief Executive Officer of Applejack Wine & Spirits, LLC.
seal ________________________________
Notary Public
CITY OF WHEAT RIDGE
__________________________
Bud Starker, Mayor
State of Colorado )
) ss. County of ________ )
The foregoing Agreement was acknowledged before me this ___ day of February 2022 by Bud Starker as Mayor of the City of Wheat Ridge.
seal _______________________________
Notary Public
CITY OF WHEAT RIDGE
__________________________
Stephen Kirkpatrick, City Clerk
State of Colorado )
) ss. County of ________ )
The foregoing Agreement was acknowledged before me this ___ day of February 2022 by Stephen Kirkpatrick as City Clerk of the City of Wheat Ridge.
seal _______________________________
Notary Public
ITEM NO: 3
DATE: February 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AMEND THE CONTRACT FOR
ENGINEERING CONSULTING SERVICES FOR PHASE II
OF THE IMPROVE WADSWORTH PROJECT WITH HDR
ENGINEERING, INC., DENVER, CO, FOR ADDITIONAL DESIGN FEES IN THE AMOUNT OF $169,463.51 FOR A TOTAL CONTRACT AMOUNT OF $2,974,096.83 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Community Development Director City Manager ISSUE: Construction of the Improve Wadsworth Project is being completed in two phases. A contract
with HDR Engineering, Inc. was originally executed in 2018 to complete the construction plans for the entire corridor. A contract amendment was done in 2020 for HDR to prepare the bid package for Phase 1 of construction from 41st Avenue to I-70. An additional amendment to the HDR contract is required to complete construction plans for Phase 2 of construction from 35th
Avenue to 41st Avenue.
PRIOR ACTION: On March 28, 2016, Council approved a contract with HDR to complete the survey, conceptual (30%) design and plans, and the environmental assessment for the Improve Wadsworth Project
On August 27, 2018, Council approved a contract with HDR to complete the preliminary and
final design, preparation of construction plans, and obtaining necessary state and federal
approvals.
Council Action Form – Improve Wadsworth Project HDR Contract Amendment February 28, 2022
Page 2
On December 14, 2020, Council approved a contract amendment to repackage the construction plans for Phase 1 of construction from 41st Avenue to I-70, which included options to add the
streetscape and multimodal facilities between 35th and 41st Avenues.
FINANCIAL IMPACT: The total available funding outlined in amendment #2 to the CDOT contract is $53.3 million which includes $1.4 million for environmental costs, $5.7 million for design and ROW consultant costs, $15 million for ROW acquisition, and $31.2 million for construction.
Funding for the Wadsworth project is budgeted in 2022 in the Capital Improvement Program
(CIP) budget. The 2022 budget includes adequate funding for this proposed amendment.
BACKGROUND: Due to both funding and constructability issues, the decision was made to start Phase 1 of the Improve Wadsworth Project including improvements from the I-70 ramps to just south of 41st
Avenue. On December 14, 2020, Council awarded a contract amendment to HDR to repackage
the construction for just Phase 1 of the project.
Staff has identified several funding sources that might be used to fund some or all of the estimated $8 million for Phase 2 of the Improve Wadsworth Project. A discussion of those funding sources will be held with Council on April 4, 2022 in study session. Staff would like to
initiate the repackaging effort prior to that April 4 study session so that the Phase 2 construction
work can potentially be seamlessly added to the Phase 1 construction contract.
The following schedule is proposed to add the Phase 2 work to the current contract:
• Mid-March – Start repackaging effort
• Mid-July – Complete repackaging effort and submit to CDOT for clearances
• Mid-August – Receive CDOT clearances and submit to contractor for pricing
• Mid-September – Receive pricing and begin evaluation
• October – Complete evaluation and request award of contract
• November – Start related work south of 41st
Staff is estimating that at least $500,000 will be saved in the current Phase 1 contract if the Phase 2 work can be added before the related work in Phase 1 is started in late November due to
removing some interim work south of 41st. The interim work includes:
• Medians – Replaced with permanent medians that are in different locations due to reconfigured intersection at 38th Avenue
• Overlay – Overlay that was originally scheduled for 2019 will be replaced with
permanent concrete pavement
• Retaining Wall – Block wall on east side between 35th and 36th will be replaced with permanent noise wall
Council Action Form – Improve Wadsworth Project HDR Contract Amendment February 28, 2022
Page 3
RECOMMENDATIONS: Staff recommends amending the Phase II contract for the Wadsworth Boulevard Improvement
Project, Engineering Consulting Services, with HDR Engineering, Inc., to include the additional
scope and fee needed to repackage the construction plans for the Phase 2 project including the four bid alternatives.
RECOMMENDED MOTION: “I move to amend the contract for Engineering Consulting Services for Phase II of the Improve
Wadsworth Project with HDR Engineering, Inc., Denver, CO, for additional design fees in the
amount of $169,463.51 for a total project cost of $2,974,096.83.”
Or, “I move to deny amending the contract for Engineering Consulting Services for Phase II of the
Improve Wadsworth Project with HDR Engineering, Inc., Denver, CO, for additional design fees
in the amount of $169,463.51 for a total project cost of $2,974,096.83 for the following reason(s): __________________________________________.” REPORT PREPARED/REVIEWED BY:
Mark Westberg, Project Manager
Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager
ATTACHMENTS:
1. Phase II Additional Scope of Work 2. Phase II Additional Fees - Summary
DRAFT SCOPE OF WORK WADSWORTH BLVD WIDENING
February 9, 2022 PHASE II
1
SECTION 1: PROJECT SPECIFIC INFORMATION
PROJECT BACKGROUND
The City of Wheat Ridge (City) has been working for several years to improve SH 121 / Wadsworth
Boulevard. In 2015, they produced a Planning and Environmental Linkages (PEL) study for the portion of
Wadsworth Boulevard from W 35th Avenue to I-70. Also in 2015, the City secured a DRCOG TIP grant
providing the majority of the funding for construction and executed an IGA with CDOT outlining the
framework for reconstruction of the street. A major part of the project is to reconstruct the street to a 6-
lane section, provide better multimodal facilities, and provide enhanced amenity zones along the corridor.
This work is underway and has been dubbed Phase I. The Phase I work includes construction of the
following work elements:
· Base Package – Ultimate buildout of Wadsworth Boulevard between approximately 41st Avenue
and I-70
· Options 1-4 – Sidewalk, landscaping, signal, and lighting work between 35th Ave and the southern
limit of the ultimate buildout near 41st Avenue
Construction of the Phase I began in late 2021 and is anticipated to continue for two years. During the
bidding, preconstruction, and early construction activities, the City has explored various funding
mechanisms to construct the ultimate buildout for the remainder of the corridor between 35th Avenue and
the southern limit of the ultimate buildout of Wadsworth Boulevard near 41st Avenue being constructed as
part of the Phase I. The ultimate buildout of Wadsworth Boulevard south of 41st has been named the
Phase II. The purpose of this scope of work is for the Consultant team to develop the final design plans,
specifications, and cost estimates for Phase II.
HDR and its subconsultants (Consultant) will provide the work described in this document.
PROJECT GOALS
The goals of this project are to develop a set of final design plans, specifications, and cost estimates to
extend the ultimate buildout of Wadsworth from the southern terminus of Phase I to just south of 35th
Avenue.
PROJECT LIMITS
SH 121 from 35th Avenue to 41st Avenue
PROJECT COST
The estimated cost of this project will be developed and refined as the final plans are compiled. The project
cost will include the ultimate buildout of Wadsworth Boulevard from 35th Avenue to the southern terminus of
the Base package of Phase I. The costs included in Options 1, 2, 3, and 4 will be removed from the Phase II
cost.
WORK DURATION
The time period for the work is estimated to begin in March 2022 and end by June 2022.
CONSULTANT RESPONSIBILITIES AND DUTIES
Project Management
Coordination with City of Wheat Ridge, the City’s consultant team, the Contractor, utility companies, and
utility companies’ consultant teams
SCOPE OF WORK WADSWORTH BOULEVARD WIDENING
February 9, 2022 PHASE II
2
Plans, Specifications, and Cost Estimating for the Phase II
WORK PRODUCT
Plans for the Phase II
Updates or additions to specifications for Phase II
Cost Estimate for Phase II
Project Coordination
Meeting Minutes
Professional Engineer Stamped Record Sets
Requirements are further described in the sections that follow. This scope of Work requires the use of
English Units.
- END SECTION 1 -
SCOPE OF WORK WADSWORTH BOULEVARD WIDENING
February 9, 2022 PHASE II
3
SECTION 1: PROJECT MANAGEMENT
This task includes work associated with monitoring subconsultants, preparing invoices, and providing the
City schedule updates for the duration of the task order.
The Consultant will perform the tasks included in Section 1, unless otherwise stated.
A. Project Management
1. Coordination Meetings. The City and Consultant team will meet as required. The meetings will
review activities closed since the last meeting, problems encountered / anticipated and potential
solutions, project schedule update, action items, and coordination required with other agencies.
The Consultant shall prepare minutes for each meeting within one week of the meeting date.
2. Invoicing. The Consultant will prepare a monthly invoice including a progress report outlining
work undertaken within the previous period.
B. Coordination. The Consultant is responsible for coordinating the required work with the City, the
City’s representatives, the Contractor, the Consultant team, and subconsultants.
C. Quality Assurance/Quality Control. The Consultant is responsible for adhering to the QA/QC
process throughout the project.
– END SECTION 1 –
SCOPE OF WORK WADSWORTH BOULEVARD WIDENING
February 9, 2022 PHASE II
4
SECTION 2: DESIGN PACKAGE
This task includes work required to develop plans, specifications, and estimates for the ultimate buildout
of Wadsworth from the project terminus at 35th Avenue to the southern end of the ultimate buildout of
Phase I (near 41st Avenue).
The Consultant will perform the tasks included in Section 2, unless otherwise stated.
A. Plan, Specification, and Cost Estimate Work for the Phase II
1. Develop final plans. The Consultant will compile the final design plans for the ultimate buildout
of Wadsworth Boulevard from the southern terminus of the full widening project near 35th Avenue
to the southern end of the ultimate buildout Phase I near 41st Avenue. Plan sheets that overlap
Phase I will show work from Phase I in greyscale. The plans will be sealed by the engineer of
record.
2. Develop cost estimate. The Consultant will calculate quantities for work within the limits of the
Phase II. The quantities previously calculated for Options 1-4 will be removed from the Phase II
quantities and a cost estimate will be developed with the net quantities.
3. Specification updates/additions. The Consultant will develop new specifications for Phase II
work not previously included in Phase I specifications. The Consultant will identify specifications
from Phase I that require modifications due to the extension of the ultimate buildout
B. Aesthetic Treatment for Noise Wall
1. Kick off meeting with artist and City. The Consultant will attend a kick-off meeting with the
selected artist and City representatives at the beginning of the aesthetic treatment development
process. It is assumed that four members of the Consultant team will attend a 1 hour meeting.
2. Selection of formliner pattern options. The Consultant will participate in a pattern search for
formliner options. The consultant will evaluate the options with regard to project goals,
requirements, priorities, costs, schedule, and risks.
3. Illustrate selected option. The Consultant will revise the previously prepared 3D views of the
wall with the selected option.
4. Update plans and specifications. The Consultant will update the plans and specifications for
Phase II to include the final aesthetic treatment on the noise wall.
Assumptions for Section 2:
· No time has been included for detailed design or additional workshopping of aesthetic details,
including details associated with the proposed formliner, except as listed above.
· No time has been included for detailed design of connections or structural elements associated
with aesthetic treatments.
· No time has been included for creation of specifications for aesthetic treatments. Time currently
allotted assumes that special provisions for formliners from Phase I can be re-purposed for Phase
II, except as listed above.
· Current design of wall 10E only indicates a formliner “to be determined by City”. Fee estimate
includes time to review City’s designs for compatibility with current design of Wall 10E.
· No time has been included for geotechnical or architectural teams for wall 10E.
· The construction phasing plans, quantities, and specifications will be updated to include the
project limits in the same phasing that was developed during Phase I.
· The City will provide unit cost data for items already included in the Phase I bid package. The
Consultant will utilize the Contractor’s unit prices in the development of the cost estimate.
SCOPE OF WORK WADSWORTH BOULEVARD WIDENING
February 9, 2022 PHASE II
5
· Changes beyond the details shown in the 11/30/2020 set have not been included in this fee
estimate. Estimated time reflects effort needed to review current documents and to compile the
plans, specifications, and cost estimates into a Phase II design package.
- END SECTION 2 -
SCOPE OF WORK WADSWORTH BOULEVARD WIDENING
February 9, 2022 PHASE II
6
SECTION 3: DESIGN SERVICES DURING CONSTRUCTION
This task includes work required to support the City of Wheat Ridge with design services during
construction for work included in Phase II. The review of submittals and shop drawings shall be done by a
licensed professional engineer who is acceptable to the City of Wheat Ridge PM. The Consultant shall
review the construction contractor’s shop drawings and working drawings for conformance and
compliance with the contract documents, the provisions of the current “Standard Specifications for Road
and Bridge Construction”, and with the time frames shown in the CDOT specifications in conjunction with
the contract work.
Costs associated with redesign efforts arising from Non-Conforming construction work are not included in
this scope. The Consultant assumes those issues will be addressed on a case-by-case basis with the City
of Wheat Ridge.
The Consultant will perform the tasks included in Section 3, unless otherwise stated.
A. Submittals. The following documents may be reviewed:
1. Shop drawings. The Consultant will review shop drawings with the following assumptions:
a. Post and Panel Noise Wall (1 total)
b. Inlets and manholes (14 types total)
Review of color and texture samples for the noise wall is included in the shop drawing review.
B. Requests for Information (RFIs)
1. Requests for Information (RFIs). The Consultant assumes twenty (20) RFI responses will be
required on the project.
- END SECTION 3 -
SCOPE OF WORK WADSWORTH BOULEVARD WIDENING
February 9, 2022 PHASE II
7
SECTION 4: WSP PHASE I DSDC
This task includes work required by WSP to respond to Contractor questions, RFIs, and submittals for
work included in Phase I. This task also includes coordination time with the City, the City’s
representatives, the Contractor, and the utility companies.
The Consultant will perform the tasks included in Section 4, unless otherwise stated.
A. WSP Design Services During Construction
1. Utility Coordination. The Consultant will provide up to 40 hours of coordination time with
the City, the City’s representatives, the Contractor, and the utility companies in regard to
utility coordination efforts during the design phase.
2. RFIs, Submittals, and Contractor Questions. The Consultant will provide responses to
RFIs, submittals, and contractor questions in relation to the roadway, utility, and lighting
designs.
- END SECTION 4 -
Wadsworth Boulevard Widening (35th to I-70) Phase II Fee Estimate
Project Manager II EIT II Financial Analyst
Project Manager
IV EIT II Engineer III
CADD/Designer
Supervisor Engineering VP Planner II Engineer IV Designer/Drafter II Landscape
Architect II Project Manager II Environmental
Scientist II Project Manager I EIT I
2.4706 Flick, Michael
T
Adamsick,
Connor
Michael
(Connor)
Starrett, Tiffany
R
Freeman,
Darin A
Adamsick,
Connor
Michael
(Connor)
Doyle, Michael
Christoper
(Mike)
Schawo,
Elisabeth R
Millar, David S
(Dave)
Baker, Gregory
R Seyer, John M Martinez, Isaac
D
Freed, Kent
Lee
Mazzeo,
Anthony
Richard Jr
Tieszen,
Brooklyn
Addison
(Booker)
Acosta,
Samuel D
Barraza, Maria
Guadalupe
Scope Items 94 30 8 45 32 8 27 12 60 56 40 60 18 66 82 124 762 88,544.33$
SECTION 1 - PROJECT MANAGEMENT 38 6 8 8 8 8 8 12 2 8 0 10 0 8 12 14 150 18,013.06$
A. Project Meetings
1. Coordination Meetings and Minutes 4 4 2 2 4 4 4 2 2 28 3,452.64$
2. Invoicing 8 8 16
B. Coordination
1. Coordinate work between City, Consultant Team, Subconsultants, and Contractor 24 6 4 4 4 6 4 52 7,216.00$
C. Quality Assurance/Quality Control
1. QA/QC 2 2 8 8 8 12 2 4 8 54 7,344.42$
SECTION 2 - BID PACKAGE 40 16 0 21 8 0 19 0 46 48 40 38 10 58 34 94 472 53,273.11$
A. Plan, Spec, and Cost Estimate Work for Phase II
1. Develop final plans for Phase II between 35th and 41st 4 3 3 16 32 40 6 12 20 80 216 22,187.43$
2. Develop cost estimate (Phase II less Options 1-4)24 16 6 6 24 8 8 16 8 12 128 14,960.98$
3. Specification Updates/Additions to Base package (Phase I)8 4 2 6 8 2 6 2 38 5,261.26$
B. Aesthetic Treatment for Noise Wall
1. Kick-off meeting with artist and City 2 2 2 2 8 1,266.00$
2. Selection of formliner pattern options 8 4 8 20 2,407.56$
3. Illustrate selected option 6 4 12 22 2,431.40$
4. Update plans/specs 2 6 8 8 6 10 40 4,758.48$
SECTION 3 - DESIGN SERVICES DURING CONSTRUCTION 16 8 0 16 16 0 0 0 12 0 0 12 8 0 36 16 140 17,258.16$
A. Design Services During Construction for Phase II
1. Submittal Review 8 4 8 8 4 8 8 16 6 70 8,906.30$
2. Requests for Information (RFIs)8 4 8 8 8 4 20 10 70 8,351.86$
94 30 8 45 32 8 27 12 60 56 40 60 18 66 82 124 762 88,544.33$
13,759.72$ 2,546.10$ 815.52$ 8,577.45$ 2,715.84$ 1,035.68$ 3,262.68$ 2,820.00$ 6,618.60$ 8,789.76$ 3,590.40$ 8,818.80$ 2,682.54$ 5,243.70$ 9,888.38$ 9,365.72$ 90,530.89$ 90,530.89$
Fixed Fee (10%)9,053.09$ 9,053.09$
Facilitied Capital Cost of Money (0.2536%)92.93$ 92.93$
0.2536%
Direct Expenses -$
-$
-$
-$
HDR GRAND TOTAL 99,676.91$ HDR GRAND TOTAL
Subconsultants 69,786.61$
Hydrosystems (Irrigation Design)2,735.00$
Lund -$
Professional Pipe Services -$
Toole -$
WSP (Phase II)53,334.58$
WSP (Phase I DSDC - Section 4)11,217.03$
Yeh (Geotechnical)2,500.00$
Cardno -$
Total Design Fee 169,463.51$ Total Design Fee
HDR Total
PROJECT MANAGEMENT
Hours Cost
DESIGN
STRUCTURES TRAFFIC LANDSCAPING DRAINAGE
2/9/2022
Wadsworth Blvd (35th to I-70)Date: Revised 1/28/22
WSP FEE ESTIMATE for TOMORROW PROJECT Contract Modification Staff/Rate
C. Lang (PM)
L. Nechanicky
(Road)
C. Meade
(Road/QC)
C. Albano
(Production)
J. Jones
(CAD)
D. Moeller
(Electrical)
D. Keith
(Lighting)TOTALS
TASK 1: Dust off Ultimate plans (41st to 35th)Totals 193.95$113.09$154.81$91.77$113.71$157.42$157.46$
General/PM/Admin 8 8
Roadway Plans 84 40 12 24 8
Utility Plans 44 24 4 8 8
Lighting Plans 40 4 4 16 12 4
Subtotal 176 6,982.20$4,523.60$3,096.20$2,936.64$3,638.72$1,889.04$629.84$23,696.24$
TASK 2: Quantity Calculations and Tabulations (Base Configuration vs. Ultimate)Totals
General/PM/Admin 4 4
Roadway Quantities 56 24 8 24
Utility Plans and Project Special Provision 22 20 2
Lighting Quantities 18 4 2 2 8 2
Subtotal 100 5,430.60$2,714.16$1,857.72$2,386.02$-$1,259.36$314.92$13,962.78$
TASK 3: Design Support During Construction (DSDC)Totals
RFI's (Roadway, Lighting, Utilities)32 8 16 4 4
Utility Coordination 32 32
Subtotal 64 7,758.00$1,809.44$-$-$-$629.68$629.84$10,826.96$
TOTALS 340 20170.8 9047.2 4953.92 5322.66 3638.72 3778.08 1574.6 48485.98
10% FEE 4,848.60$
TOTAL WSP FEE 53,334.58$
ITEM NO: 4
DATE: February 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 10-2022 - A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE WHEAT RIDGE WATER DISTRICT REGARDING THE DEDICATION OF RIGHT-OF-WAY FOR DISTRICT FACILITIES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO ________________________________ ______________________________ Director of Community Development City Manager ISSUE: The City has been working for several years with the Wheat Ridge Water District to replace their
water mains and other facilities during the reconstruction of Wadsworth Boulevard between 38th
Avenue and Interstate 70. Several of the District’s facilities are located within the property that the City acquired for the overall project. This Memorandum of Understanding memorializes the City’s commitment to dedicate the necessary property as right-of-way for the District’s facilities.
PRIOR ACTION:
On February 22, 2021, City Council approved an Agreement with the Wheat Ridge Water
District to include the reconstruction of their facilities in the Improve Wadsworth Project.
FINANCIAL IMPACT: The property necessary for the District’s facilities has already been purchased for the Improve Wadsworth Project, so no additional cost to the City for this right-of-way (ROW) dedication
beyond consultant costs to prepare the necessary documents.
Council Action Form – Wadsworth WRWD MOU February 28, 2022
Page 2
BACKGROUND: Early in the utility coordination process for the Improve Wadsworth Project, the Wheat Ridge
Water District expressed interest in replacing their facilities in Wadsworth. The District was
interested in both replacing the aging facilities and also increasing the size of the water mains to provide additional capacity for the anticipated growth that is and will be occurring along the Wadsworth Corridor. The Colorado Department of Transportation (CDOT) is very supportive of including the District’s work in the overall project.
Including the reconstruction of the District’s facilities in the overall Improve Wadsworth Project
has several advantages for CDOT, the City, and the District:
• Traffic impacts of replacing the aging District facilities are less by including their work in the overall project due to having only one construction project.
• Construction coordination will be much easier with the City’s general contractor supervising all the work.
• The District does not have to pay for separate construction traffic control and to remove or repair the existing pavement.
• The District avoids the cost of doing night work, since most utility work on Wadsworth is limited to just a few hours each night.
Denver Water has deferred the approval of the District’s construction plans due to the lack of dedicated ROW for some of those facilities. While the necessary property has been acquired by
the City, the property has not been turned over to CDOT as ROW along Wadsworth or has not
been formally accepted by Council as ROW for the properties along City streets.
These two actions have been delayed while waiting for the last two properties to be acquired, one of which was resolved on February 10, 2022. While the last property is expected to be acquired at the end of March 2022, there is a lengthy process to prepare the documents to both turn the
ROW over to CDOT and to have them accepted by City Council. Work on the District’s
facilities is expected to start in early April 2022, hence the need for the MOU.
This Memorandum of Understanding (MOU) memorializes the City’s commitment to dedicate the necessary property as right-of-way for the District’s facilities and provides the assurance that Denver Water needs to approve the District’s construction plans.
The District’s Board approved the MOU on February 8, 2022.
RECOMMENDATIONS: Staff recommends approving the MOU with the District to provide assurances that the necessary ROW will be dedicated for their facilities that are included in the Improve Wadsworth Project.
RECOMMENDED MOTION:
“I move to approve Resolution No. 10-2022, a resolution approving a memorandum of
understanding with the Wheat Ridge Water District regarding the dedication of right-of-way for District facilities.”
Council Action Form – Wadsworth WRWD MOU February 28, 2022
Page 3
Or,
“I move to postpone indefinitely Resolution No. 10-2022, a resolution approving a memorandum
of understanding with the Wheat Ridge Water District regarding the dedication of right-of-way for District facilities, for the following reason(s)__________________________.” REPORT PREPARED/REVIEWED BY:
Mark Westberg, Project Supervisor
Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution 10-2022 2. Exhibit 1 - WRWD MOU
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 10 Series of 2022
TITLE: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE WHEAT RIDGE WATER DISTRICT REGARDING THE DEDICATION OF RIGHT-OF-WAY FOR DISTRICT FACILITIES
WHEREAS, the City of Wheat Ridge (City) is coordinating a multifaceted construction project providing for the widening of Wadsworth Boulevard within the City from approximately W 38th Avenue on the south to approximately I-70 on the north (Project); and
WHEREAS, the Wheat Ridge Water District (District) owns, operates, and maintains certain facilities, including fire hydrants, valves and water piping within the existing right-of-way of Wadsworth Boulevard which facilities will be required to be placed, replaced or relocated to accommodate the Project (District Facilities); and
WHEREAS, the West Metro Fire District has required of the City and the District
that certain fire hydrants and appurtenances be installed within the Wadsworth Boulevard right-of-way as reconfigured by the Project; and
WHEREAS, the District Facilities will be installed within real property acquired by the City for the Project, which property will be made a part of or will be adjacent to the overall right-of-way for the Project; and
WHEREAS, the District Facilities are required to be located either within dedicated public rights-of-way or within water line easements granted to the District in order to meet the requirements of the Denver Water Department, which is the supplier of treated water to the District, which the District in turn distributes to its customers; and
WHEREAS, the City wishes to defer dedication of right-of-way and/or the granting
of water line easements until such time as the City has determined the necessary extent of such dedications/grants, both for purposes of the Wadsworth Widening Project itself as well as to accommodate the needs of the District; and
WHEREAS, The City and the District desire to enter into a Memorandum of Understanding to memorialize their agreement with respect to the City's dedication of
right-of-way and/or granting of water line easements for the purpose of complying with the requirements of the City and Denver Water in respect to the District Facilities within City rights-of-way or water line easements granted by the City; and
WHEREAS, the Council is authorized to approve the contemplated Memorandum of Understanding by resolution under Section 14.2 of the home rule charter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that:
Section 1. Memorandum of Understanding Approved. The Memorandum of
Understanding between the City of Wheat Ridge and the Wheat Ridge Water District regarding the Wadsworth Boulevard Improvement Project from 38th Avenue to Interstate 70, a copy of which is attached as Exhibit 1, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same.
DONE AND RESOLVED this 28th day of February 2022. _______________________ Bud Starker, Mayor
ATTEST: __________________________ Steve Kirkpatrick, City Clerk
Exhibit 1 Memorandum of Understanding [attached]
ITEM NO: 5
DATE: February 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 11-2022 – A RESOLUTION
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JEFFERSON COUNTY OPEN SPACE TO ACCEPT A TRAILS GRANT IN THE AMOUNT OF $196,668 FOR CLEAR CREEK TRAIL IMPROVEMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Parks and Recreation Director City Manager ISSUE: The Jefferson County Open Space Trails Partnership Program is funded by the Jefferson County
Open Space tax and exists to fund trails projects in the county at either 25% of the project cost
for local trails or 50% of the project cost for regional trails. The Clear Creek Trail is considered a regional trail.
The City of Wheat Ridge was awarded $196,668 in funding through this program for two sections of the trail to be upgraded from asphalt to concrete, for repairs and improvements at the
Otis St. trailhead and trail connection, and to add wayfinding signage locations, and additional
safety improvement areas. To receive the funding, the City must accept the grant award by directing the Mayor to sign the attached grant agreement.
PRIOR ACTION: City Council passed Resolution 42-2021 on August 23, 2021 supporting the application to this
grant program. Letters of support for this project were submitted by Localworks, Bike Jeffco,
Sustainable Wheat Ridge, the Parks and Recreation Commission, the Wheat Ridge Active Transportation Advisory Team, Councilor Hultin, and the City of Arvada.
Council Action Form – Jeffco Open Space Trails Partnership Program Grant Agreement, 2022 February 28, 2022
Page 2
Council also supported an application to and award acceptance from this program in 2020, which resulted in additional funds for the Wadsworth/Clear Creek Trail connections.
FINANCIAL IMPACT:
The project is estimated to cost approximately $393,605, with the grant award reimbursing $196,668 (50% of the project cost). The City’s 50% of the project cost ($196,668) includes in-kind project expenses and support (valued at $22,500) and the 10% project contingency ($33,737) and is included in the 2022 city budget within the Open Space Fund.
BACKGROUND:
The Clear Creek Trail is heavily used and highly valued by Wheat Ridge residents as a regional trail within the Jefferson County trails plan. Feedback from the bi-annual citywide resident survey and the Let’s Talk Resident Engagement Program affirms this. The 2021 resident survey showed that 2/3 of respondents used the Clear Creek Trail in the last year. Each of the Let’s Talk
Program’s focus neighborhoods to date have told the City that bicycle and pedestrian access and
safety to and around the Clear Creek Trail is a top tier issue. Improving the Otis Street trailhead was a specific need identified by Leppla Manor residents, and this project would address that need.
Almost the entire Clear Creek Trail throughout Wheat Ridge is currently concrete, which is safer
and requires less maintenance than asphalt. Three sections remain as asphalt: between just west
of Prospect Park and the West Bridge, at the Otis St. trailhead, and near the westbound I-70 bridge. The latter two locations are City of Arvada-owned, but City of Wheat Ridge-maintained. This project would convert the first two sections listed to concrete. The last section involved is in CDOT right-of-way space and would not be addressed within the scope of this project.
This project would improve safety throughout the Clear Creek Trail with added wayfinding and
safety signage (e.g., speed limits, “Curve Ahead”, upcoming crossing and “kids at play, etc). The added wayfinding signage was a specific ask from the Sustainable Wheat Ridge transportation sub-committee at the May 2021 Parks and Recreation Commission meeting. The sub-committee included specific location concerns which will be addressed with signage with this project
proposal.
RECOMMENDATIONS: Parks and Recreation Department staff recommend passing this resolution of support to accept $196,668 in funding to cover 50% of the project costs.
Should this resolution not be passed, the project would likely have to be delayed beyond 2022. It
is likely (but not guaranteed) that this grant program, and others, will be available in the future for this type of work. RECOMMENDED MOTION:
“I move to approve Resolution No. 11-2022, a resolution authorizing the Mayor to execute an
agreement with Jefferson County Open Space to accept a trails grant in the amount of $196,668 for Clear Creek Trail improvements.”
Council Action Form – Jeffco Open Space Trails Partnership Program Grant Agreement, 2022 February 28, 2022
Page 3
Or,
“I move to postpone indefinitely Resolution No. 11-2022, a resolution authorizing the Mayor to
execute an agreement with Jefferson County Open Space to accept a trails grant in the amount of $196,668 for Clear Creek Trail improvements for the following reason(s) __________________.”
REPORT PREPARED/REVIEWED BY:
Brandon Altenburg, Grant and Special Project Administrator Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution. 11-2022 2. JCOS Trails Partnership Program Grant Agreement 3. Clear Creek Trail Improvement Maps
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 11 Series of 2022
TITLE: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JEFFERSON COUNTY OPEN SPACE TO ACCEPT A TRAILS GRANT IN THE AMOUNT OF $196,668 FOR CLEAR CREEK TRAIL IMPROVEMENTS
WHEREAS, the City of Wheat Ridge was awarded a grant from the Jefferson
County Open Space Trails Partnership Program in the amount of $196,668 for improvements to the Clear Creek Trail; and
WHEREAS, the City of Wheat Ridge has received information through resident engagement and resident committees that improvements to the Clear Creek Trail are
desired; and
WHEREAS, the acceptance of the grant in the amount of $196,668 is subject to the condition of execution of the attached agreement.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado:
Section 1. The City Council hereby authorizes the Mayor to sign the grant
agreement with Jefferson County Open Space.
Section 2. This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 28th day of February 2022
Bud Starker, Mayor
ATTEST: Stephen Kirkpatrick, City Clerk
ATTACHMENT 1
1
JEFFCO OPEN SPACE TRAILS PARTNERSHIP PROGRAM
GRANT TERMS AND CONDITIONS
1.GRANT PROJECT TERMS.
1.1. The City of Wheat Ridge (“Grantee”) has been awarded a 2022 Jeffco Open Space
(“JCOS”) Trails Partnership Program Grant by the Board of County Commissioners
for the County of Jefferson, State of Colorado (“County”) in the amount of $196,668
(“Grant”). The County and Grantee may be individually referred to herein as a
“Party” or collectively as the “Parties.”
1.2. In consideration of its award of a Grant, Grantee agrees to abide by these Grant Terms
and Conditions (“Grant Terms”).
1.3. Grantee shall use the Grant for the project (“Project”) set out in its Trails Partnership
Program Grant Application dated September 16, 2021 (“Application”). Unless
explicitly modified herein, the Application is incorporated into these Grant Terms. The
general scope of the Project is:
Wheat Ridge Clear Creek Trail Resurfacing and Signage Improvements to include:
1.Replacing the 1,187 foot-long, currently asphalt trail section between Prospect Park
and the West Bridge (south of Tabor Lake) with 10’-wide concrete
2.Replacing damaged concrete segments and improve the trailhead connection at the
Otis St. trailhead and connection trail
3.Adding Wheat Ridge Greenbelt, Peaks to Plains (P2P), and Jefferson County
Bikeway wayfinding and mileage signage, general safety signage, and other trail
safety improvements.
1.4. Grantee shall adhere to the Grant period by beginning the Project within the 2022
calendar year and completing the Project by February 2024 (two years from award
date.) Any requested extension of the Grant period will require JCOS’s prior written
approval, which it may deny or condition in its discretion.
1.5. The Grant is comprised of Jefferson County Open Space Sales Tax Funds and/or a
portion of the County’s share of the State of Colorado’s Conservation Trust Funds. For
example and without limiting the foregoing, the use of JCOS Sales Tax Funds is
limited to public open space, park, or recreation purposes pursuant to the 1972 Open
Space Enabling Resolution, as amended. Grantee understands and acknowledges it is
bound by the use restrictions of such Funds, as applicable.
1.6. Grantee shall manage the Grant funds in accordance with applicable laws, regulations,
permitting requirements, these Grant Terms, and JCOS’s Policies, Procedures, and
guidelines.
ATTACHMENT 2
2
1.7. Additional Grant Project Terms. Without limiting the foregoing, the following
specific Grant terms also apply to the Grant funds and the Project:
1.7.1. N/A____________________________
1.7.2. N/A____________________________
2.PAYMENT OF GRANT FUNDS.
2.1. After review and approval of documentation submitted by Grantee establishing to
JCOS’s satisfaction that 50% of the Project has been completed, JCOS shall remit 50%
of the Grant funds to Grantee pursuant to wiring instructions provided to JCOS.
2.2. After Project completion Grantee shall provide JCOS a summary of the Project that at
minimum includes a written narrative, photos and/or illustrations, and a summary of
expenditures. After review and approval of this information and any other relevant
documentation it may require, JCOS shall remit the remaining 50% of the Grant funds
to Grantee pursuant to wiring instructions provided to JCOS.
2.3. In lieu of the payment terms set forth in paragraphs 2.1 and 2.2 above, in its discretion
JCOS may agree to an alternate payment schedule. In that event the terms of the
alternate payment schedule shall be attached to these Grant Terms as an Addendum.
3.COMMUNICATION; REPORTS; RECORDS.
3.1. Grantee and JCOS shall each appoint one individual to act as principal contact person
for notices and other communications concerning the Grant and the Project. The initial
appointees are:
Grantee: Brandon Altenburg, Grant & Special Project Administrator,
baltenburg@ci.wheatridge.co.us; 303-231-1307
JCOS: Hillary Merritt; hmerritt@jeffco.us; (303) 271-5948
Grantee or JCOS may change its contact person at any time by written notice to the
other Party.
3.2. On a quarterly basis Grantee shall provide JCOS with a written Project report that at
minimum describes the status of the Project and provides an accounting of Grant fund
expenditures.
3.3. Grantee shall maintain its books and records in a manner that will provide JCOS with
sufficient detail to review Grantees receipts and expenditures relating to the Grant.
Grantee shall make such records available for review by JCOS upon reasonable notice
during the Grant period and for two years thereafter.
3
4. DONOR RECOGNITION; PUBLICITY. Grantee agrees to adhere to the JCOS Funding
Recognition Guide attached as Exhibit A to appropriately acknowledge a contribution from
the Trails Partnership Program to complete the Project.
5. PROJECT CHANGES. Grantee shall notify JCOS if Grantee determines in good faith that
because of changed circumstances it is no longer possible for the Grant to serve its original
purpose. In that case, and upon JCOS’s prior written approval, Grantee may use the
remaining Grant funds on a public open space, park, or recreation project or projects in line
with both Grantee’s and JCOS’s mission. The Parties shall execute an amendment to these
Grant Terms addressing any such Project change and these Grant Terms, as amended, shall
apply to and govern the new or revised Project.
6. NONCOMPLIANCE. Grantee understands and acknowledges that noncompliance with
these Grant Terms may result, for example, in JCOS requiring the return of all or a portion of
the Grant funds or Grantee’s ineligibility for future Trails Partnership Program grant funds.
7. MISCELLANEOUS TERMS.
7.1. No Assumption of Liabilities. By providing the Grant and completing the Project
neither Party is assuming any liability for the acts or omissions of the other Party or
any third party.
7.2. No Employment Relationship. By providing the Grant and completing the Project or
by execution or acceptance of these Grant Terms, neither Party is acting as an agent,
servant, or employee of the other Party.
7.3. No Third-Party Beneficiaries. The Parties agree the Grant and these Grant Terms is
only intended to cover the relative responsibilities of the Parties and no third party
beneficiaries are intended.
7.4. Governmental Immunity. Nothing associated with the Grant or contained in these
Grant Terms shall give or allow any claim or right of action by any third party, nor
shall anything contained herein be construed as a waiver of the right of the Parties to
assert all defenses and limitations on liability provided by law including, without
limitation, the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S., and
the Owners of Recreational Areas Act, §33-41-101, et seq., C.R.S., or any successor
acts or provisions.
7.5. Officials Not to Benefit. No elected or employed member of either Party shall be paid
or receive, directly or indirectly, any share or part of the Grant or any benefit that may
arise therefrom.
7.6. Electronic Signatures. These Grant Terms may be signed electronically. All use of
electronic signatures shall be governed by the Uniform Electronic Transactions Act,
C.R.S. §24-71.3-101 through §24-71.3-121.
4
7.7. Waiver. The failure of JCOS to object to Grantee’s use of the Grant funds or
noncompliance with these Grant Terms shall not be deemed a waiver.
The undersigned, on behalf of Grantee, hereby agrees to abide by these Grant Terms.
GRANTEE: City of Wheat Ridge
By______________________________
Name___________________________
Title____________________________
Date:___________________________
JCOS Acceptance:
By______________________________
Name___________________________
Title____________________________
Date:___________________________
ATTACHMENT 3
ITEM NO: 6
DATE: February 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS AND COMMISSIONS
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _____________________________ City Clerk City Manager
ISSUE: As of March 2, 2022, the terms of twelve current Board and Commission members of the City of Wheat Ridge will expire. Additionally, there are five existing vacancies to fill which include seats on the Planning Commission in Districts I and II, Cultural Commission in Districts II and
III and Parks and Recreation Commission in District III. These positions are to be filled or re-
appointed. PRIOR ACTION: None
FINANCIAL IMPACT: None BACKGROUND:
Each year, the City advertises for residents who might be interested in volunteering on one of the
Boards or Commissions. This year, positions were advertised twice in the Jeffco Transcript and through a multi-week promotional campaign including the City’s website, Channel 8, social media and direct email. Simultaneously, letters were mailed to current Boards and Commissions members whose terms expire on March 2, 2022, asking if they were interested in seeking
reappointment.
Council Action Form – Board and Commission Appointments February 28, 2022
Page 2
RECOMMENDATIONS: See Attachment 2, Boards and Commissions Openings by District, for a general overview of
current positions and applicants that are up for appointment or reappointment.
RECOMMENDED MOTIONS: See Attachment 1 with Motions by district
“I move to appoint ______________________ to the
Board/Commission, term to expire _______________________.” REPORT PREPARED BY: Amber Garrett, Executive Assistant
Allison Scheck, Administrative Services Director
Patrick Goff, City Manager ATTACHMENTS: 1. Motions for 2022 Board and Commission Appointments by District
2. 2022 Boards and Commissions Openings by District
3. Applications by District
Motions For 2022 Board and Commission Appointments by District
DISTRICT I
I move to appoint:
______________________ to the Building Code Advisory Board, term ending 3/2/25
______________________ to the Liquor Licensing Authority, term ending 3/2/25
______________________ to the Parks and Recreation Commission, term ending 3/2/25
______________________ to the Planning Commission, term ending 3/2/25
______________________ to the Planning Commission, term ending 3/2/24 (vacant)
DISTRICT II
I move to appoint:
______________________ to the Board of Adjustment, term ending 3/2/25(vacant)
______________________ to the Board of Adjustment, term ending 3/2/25
______________________ to the Building Code Advisory Board, term ending 3/2/25
______________________ to the Cultural Commission, term ending 3/2/24
______________________ to the Liquor Licensing Authority, term ending 3/2/25
______________________ to the Planning Commission, term ending 3/2/25 (vacant)
ATTACHMENT 1
Page 2 of 2
Motions For 2022 Board and Commission Appointments by District
DISTRICT III
I move to appoint:
______________________ to the Cultural Commission, term ending 3/2/23(vacant)
______________________ to the Liquor Licensing Authority, term ending 3/2/25
______________________ to the Parks and Recreation Commission, 3/2/24 (vacant)
______________________ to the Planning Commission, term ending 3/2/25
______________________ to the Planning Commission, term ending 3/2/25
DISTRICT IV
I move to appoint:
______________________ to the Liquor Licensing Authority, term ending 3/2/25
District Term Ending Board/Commission Current Member Re-applied Other Applicants
I 03/01/2022 Building Code Advisory Board Betty Jo Page Yes None
I 03/01/2022 Liquor Licensing Authority Morgan Richards Yes None
I 03/01/2022 Parks & Rec Commission Nicole (Nikki) Larsen No Ralph Habben
I 03/01/2022 Planning Commission Jahi Simbai No
See Applications
Jerry DiTullio**(1)Jonathan Schelke*(1)
I 03/01/2024 Planning Commission Vacant - Kirchiver See Applications
Jerry DiTullio** (1)Jonathan Schelke*(1)
District Term Ending Board/Commission Current Member Re-applied Other Applicants
II 03/01/2022 Board of Adjustment David Kuntz No Jonathan Schelke* (2)
II 03/01/2022 Board of Adjustment Julianne Stern*(2)Yes Thomas BurneyII03/01/2022 Building Code Advisory Board Jason McCullough Yes
II 03/01/2024 Cultural Commission *** Vacant - Deffner No Beth KelleyII03/01/2022 Liquor Licensing Authority Rocco Germano Yes
II 03/01/2022 Planning Commission Vacant - Ohm
See ApplicationsRobert AdriaensKelly Blynn
Robert BrazellRhonda Norman
Julianne Stern*(1)
District Term Ending Board/Commission Current Member Re-applied Other Applicants
III 03/01/2023 Cultural Commission Vacant - St. Martin See Applications
Cindy Anderson****Teresa Linder****
III 03/01/2022 Liquor Licensing Authority Lenny Ortiz Yes
III 03/01/2024 Parks & Rec Commission Vacant - Nahmiach Catherine Rooney
III 03/01/2022 Planning Commission Melissa Antol Yes David NetzIII03/01/2022 Planning Commission Will Kerns Yes David Netz
District Term Ending Board/Commission Current Member Re-applied Other Applicants
IV 03/01/2022 Liquor Licensing Authority Cynthia (Cindy) Shaw Yes None
17 Openings
*
**
***
Additional applications received for Boards/Commissions without openings: (Applications will be retained for review should positions become vacant during the year.)
Dist IV Planning Commission John Derosier
Dist I Renewal Wheat Ridge Nicholas Turner
Boards and Commission Openings by District
Applicant has interest in two board positions with first and second choice of board preference noted in (1) (2)
Megan Deffner -Schneckenburger is moving out of Wheat Ridge effective March 1, 2022 she is no longer eligible to remain on the board. The position becomes
vacant with term ending 03/01/2024
Jerry DiTullio currently serves on the Liquor Authority through 2024.
ATTACHMENT 2
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Jonathan
Last Name*
Schelke
Address1*
2902 Eaton street
Address2
Application for Boards and Commissions - Submission #57883
Date Submitted: 4/20/2021
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1 of 4 02/09/2022, 3:36 PM
ATTACHMENT 3
City*
Wheat Ridge
State*
colorado
Zip*
80214
Phone Number*
517-648-5366
Alternate Phone Number
Email Address*
jonathanschelke31@gmail.com
Current Occupation
retired
Employer
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
four years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I am a home owner and have an interest in zoning issues. I was a school administrator for 40 years before I retired . My son
and his family also live in Wheat Ridge
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
I believe that zoning issues are very important for this community. The ability to make fair and rational decisions regarding
variances to zoning rules are very important
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
I had a career working with the public as a school administrator. I also worked with the public at MolsonCoors in the tour
department.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
none
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
no
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
no problem
Upload any additional supporting documents (e.g. resume,
cover Letter)
LinkedIn.pdf
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
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Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Danitza Sosa at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Danitza
Sosa
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4 of 4 02/09/2022, 3:36 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Betty Jo
Last Name*
Page
Address1*
6185 W 29th Ave
Address2
Application for Boards and Commissions - Submission #66336
Date Submitted: 1/27/2022
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City*
Wheat Ridge
State*
CO
Zip*
80214
Phone Number*
303-232-9105
Alternate Phone Number
Email Address*
bettyjpage1@comcast.net
Current Occupation
retired
Employer
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
37 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
BOA, ARBORIST, AAC
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
retired 20 years from a technical position at AT&T. I've been on the BOA for many years. I have the interest, time and
experience to be effective on the BOA.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
I feel that having Wheat Ridge citizens handle variance decisions for a fellow Wheat Ridge citizen makes that citizen feel like
peers were deciding instead of a governmental bureaucracy.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
organized, problem solver, decent communicator
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
none
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
mid range
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
3 of 4 02/03/2022, 2:32 PM
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 02/03/2022, 2:32 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Julianne
Last Name*
Stern
Address1*
7630 W 48th Ave
Address2
Application for Boards and Commissions - Submission #65896
Date Submitted: 1/14/2022
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
1 of 4 02/09/2022, 3:47 PM
City*
Wheat Ridge
State*
CO
Zip*
80033
Phone Number*
973-476-2470
Alternate Phone Number
Email Address*
julianne.stern@gmail.com
Current Occupation
real estate developer
Employer
Archway Communities
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
6 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Board of Adjustment
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I have enjoyed my service on the Board of Adjustment. It’s been an interesting opportunity to meet applicants who are
seeking to improve their properties, and gain a better understanding of how the current development codes interact with their
plans.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
The Board of Adjustment, in my experience, hears cases where property owners are trying to problem solve how to best
improve their properties within the letter of development codes. I have enjoyed having the opportunity to consider the impact
of proposed plans from different points of view and to work with fellow board members to determine whether the proposed
outcome would have an overall net positive effect.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
I have a background in city and regional planning and currently work as a real estate developer. This background gives me an
understanding of the details of proposed building plans, enables me to consider the trade offs applicants may be facing, and
also gives me the perspective to consider the broader impact of proposed plans.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
I work as a real estate developer in the Denver metro area. I am not currently undertaking or contemplating
any projects in Wheat Ridge.
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
No
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
Very high
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
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Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 02/09/2022, 3:47 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Thomas
Last Name*
Burney
Address1*
3880 Garrison St
Address2
Application for Boards and Commissions - Submission #55023
Date Submitted: 1/10/2021
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City*
Wheat Ridge
State*
CO
Zip*
80033
Phone Number*
3172600735
Alternate Phone Number
Email Address*
bluedevilbuilders@gmail.com
Current Occupation
General Contractor, Realtor
Employer
Blue Devil Builders, Inc.
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
15 months Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I'm new to Wheat Ridge, looking to meet some neighbors and get my feet wet with community involvement. This is an area of
strength, where I feel qualified to contribute. This will probably offer learning opportunities as well.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
Honestly, I'm new to town and don't know the important local issues. I do have ongoing experience working with the city
building department, and 15+ years experience with constructing and renovating (primarily residential) buildings of various
ages. I spend my days with the lunch-pail tradesmen and understand the financial and physical challenges of renovation and
restoration.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
I have extensive construction experience, an active residential contractor's license (#190320), an active real estate license
(#Fa100070018), and I can communicate passably in Spanish (not perfect, but it gets the job done). I currently own 2 houses
in Wheat Ridge. Resume available upon request.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
My primary work is residential fix and flip projects, so I sometimes own substandard property. This work
requires permit approvals from the building department, which may present the occasional conflict.
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
6p and later on Thursdays this spring
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
comfortable with word, excel, pdf, email, zoom,
etc.
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
3 of 4 01/26/2022, 2:29 PM
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Danitza Sosa at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Danitza
Sosa
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 01/26/2022, 2:29 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Thomas
Last Name*
Burney
Address1*
3880 Garrison St
Address2
Application for Boards and Commissions - Submission #55023
Date Submitted: 1/10/2021
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
1 of 4 01/26/2022, 2:29 PM
City*
Wheat Ridge
State*
CO
Zip*
80033
Phone Number*
3172600735
Alternate Phone Number
Email Address*
bluedevilbuilders@gmail.com
Current Occupation
General Contractor, Realtor
Employer
Blue Devil Builders, Inc.
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
15 months Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I'm new to Wheat Ridge, looking to meet some neighbors and get my feet wet with community involvement. This is an area of
strength, where I feel qualified to contribute. This will probably offer learning opportunities as well.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
Honestly, I'm new to town and don't know the important local issues. I do have ongoing experience working with the city
building department, and 15+ years experience with constructing and renovating (primarily residential) buildings of various
ages. I spend my days with the lunch-pail tradesmen and understand the financial and physical challenges of renovation and
restoration.
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
I have extensive construction experience, an active residential contractor's license (#190320), an active real estate license
(#Fa100070018), and I can communicate passably in Spanish (not perfect, but it gets the job done). I currently own 2 houses
in Wheat Ridge. Resume available upon request.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
My primary work is residential fix and flip projects, so I sometimes own substandard property. This work
requires permit approvals from the building department, which may present the occasional conflict.
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
6p and later on Thursdays this spring
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
comfortable with word, excel, pdf, email, zoom,
etc.
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
3 of 4 01/26/2022, 2:29 PM
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Danitza Sosa at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Danitza
Sosa
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 01/26/2022, 2:29 PM
Print
Application for Boards and Commissions - Submission #57883
Date Submitted: 4/20/2021
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Beth
Last Name*
Kelley
Address1*
4250 Balsam St
Address2
Application for Boards and Commissions - Submission #66815
Date Submitted: 2/10/2022
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City*
Wheat Ridge
State*
CO
Zip*
80033
Phone Number*
7203239573
Alternate Phone Number
Email Address*
beth@bethkelleyconsulting.com
Current Occupation
Consultant
Employer
Beth Kelley Consulting
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
12 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
After living in Wheat Ridge for 12 years, I realize there is so much going on here that I didn't know about. I want to get to
know this community better and would be delighted to serve on the Cultural Commission because I highly value the arts,
creativity, and access to those things for everyone. I believe when people come together, whether it be to create art, to
experience a cultural event, and celebrate the freedom of expression...communities are stronger, safer and more satisfying.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
Well, one thing I am curious about is how to better promote the work of the Cultural Commission so that more residents are
informed of opportunities to celebrate art and culture in Wheat Ridge. I can help raise awareness and connect community
members to cultural events.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
I am a maker, writer, author and I love the magic that is created when communities and groups come together to co-design
and create together. As a former psychotherapist turned consultant, I love creating spaces and experiences that increase a
sense of connection and belonging.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
I can't think of any.
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
Not at this time
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
I am proficient with tech
Upload any additional supporting documents (e.g. resume,
cover Letter)
Beth Kelley Resume.docx.pdf
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
3 of 4 02/14/2022, 1:55 PM
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 02/14/2022, 1:55 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Cindy
Last Name*
Anderson
Address1*
14855 Echo Drive (as of Sept. 1: 10700 W. 38th Ave.)
Address2
Application for Boards and Commissions - Submission #61569
Date Submitted: 8/24/2021
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City*
Golden
State*
CO
Zip*
80401
Phone Number*
3035878116
Alternate Phone Number
720-496-2245
Email Address*
cuanderson@msn.com
Current Occupation
Manager
Employer
Baron Education
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
NA Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
City of Golden Planning Commission, Parks and Recreation Board, Downtown
Revitalization Committee
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I have been a lifelong resident of Golden and Applewood Mesa, and have been involced in City government in Golden and
with the Applewood Property Owners' Association. I have a deep interest in Wheat Ridge City government and feel that I
have a great deal to offer.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
I think that the arts play a significant role in economic development, and in defining a City's identity. As Wheat Ridge moves
forward, it will be critical to identify a "downtown" and to integrate cultural arts into the fabric of the "new" city.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
I was a longtime volunteer at the Denver Art Museum, and worked in the College of Arts and Media at the University of
Colorado Denver. I have an extensive network of artists and musicians in the metro-Denver area.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
N/A
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
Evenings are best, but I am an experienced zoom
user for daytime meetings.
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
I started teaching in Jeffco computer labs in 1981
and have been an early adopter of technology ever
since. There is not much I cannot do with
technology.
Upload any additional supporting documents (e.g. resume,
cover Letter)
Cindy Anderson resume current.docx
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
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3 of 4 02/09/2022, 3:34 PM
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Amber Garrett at 303-235-2819, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Danitza
Sosa
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 02/09/2022, 3:34 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Teresa
Last Name*
Linder
Address1*
3610 Johnson Street
Address2
Application for Boards and Commissions - Submission #60683
Date Submitted: 7/22/2021
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
1 of 4 02/09/2022, 3:40 PM
City*
Wheat Ridge
State*
CO
Zip*
80033
Phone Number*
13034233299
Alternate Phone Number
Email Address*
tmshelden@msn.com
Current Occupation
freelance work
Employer
N/A
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
Since 1998 Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I love the arts and am interested in helping the community, and especially children develop a passion for art in all of its
variations.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
I think getting people aware of, and coming out to events is probably one of the biggest challenges. I speak fluent Spanish
and could be a great community liaison for the Spanish speaking community. Also as a Montessori teacher for
toddler/preschool/kindergarten age children for 30 years, I'm passionate about getting children involved in hands on
experiences.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
See above! I'm bilingual and have 30 years experience working with children and their families.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
N/A
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
not at the moment
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
I'm very comfortable with technology.
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
3 of 4 02/09/2022, 3:40 PM
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Amber Garrett at 303-235-2819, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Danitza
Sosa
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 02/09/2022, 3:40 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Morgan
Last Name*
Richards
Address1*
3255 Ames Street
Address2
Application for Boards and Commissions - Submission #66662
Date Submitted: 2/7/2022
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
1 of 4 02/07/2022, 6:07 PM
City*
Wheat Ridge
State*
CO - COLORADO
Zip*
80212-7009
Phone Number*
7209353512
Alternate Phone Number
Email Address*
morgan@twohundred.com
Current Occupation
Operations/Project Manager
Employer
Two Hundred Inc.
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
22 Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Liquor Licensing Authority Board
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I have a family and business in Wheat Ridge. I appreciate serving on the the Liquor Licensing Authority Board because our
city relies on this business revenue. And I want to help ensure that the small businesses of Wheat Ridge can succeed.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
We have asked Robin Eaton to research the viability of the city providing more liquor serving training to business owners,
improving processes and increasing online possibilities.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
Served on Liquor Licensing Authority Board for 1 year. Founder of Wheat Ridge for Equity. Part of the community effort that
competed and won the All-America City Award for our community's equity work.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
None as I do not own any interest in a liquor store or restaurant.
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
No
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
High level.
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
3 of 4 02/07/2022, 6:07 PM
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 02/07/2022, 6:07 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Rocco
Last Name*
Germano
Address1*
6965 West 48th Avenue
Address2
Application for Boards and Commissions - Submission #65078
Date Submitted: 12/20/2021
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1 of 4 02/09/2022, 3:40 PM
City*
Wheat Ridge
State*
CO
Zip*
80033
Phone Number*
303-902-1202
Alternate Phone Number
Email Address*
RockGermano@Gmail.com
Current Occupation
Real Estate Broker/Realtor
Employer
Rock Germano Realty LLC
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
15 Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Board of Adjustment
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I served on the Arvada Liquor Board 10 years, The Jefferson County Liquor Board for 10 years serving as a member and
rotating as Chairman of the Board
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
The problem of boards in all municipalities is getting people to volunteer.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
As a commercial real estate broker I have sold and helped people buy retail liquor stores and taverns. I know the industry and
the State and Local laws because of my positions dealing with a quasi-Judicial type of government.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
If I personally know the applicant from business or personally I would consider that a problem and would
recuse myself from the proceedings which I have done in the past.
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
No.
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
Very comfortable.
Upload any additional supporting documents (e.g. resume,
cover Letter)
ResumeLkwd.pdf
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
3 of 4 02/09/2022, 3:40 PM
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 02/09/2022, 3:40 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Leonard (Lenny)
Last Name*
Ortiz
Address1*
4045 Newland St.
Address2
Application for Boards and Commissions - Submission #64372
Date Submitted: 12/1/2021
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City*
WR
State*
Co
Zip*
80033
Phone Number*
303 940 4723
Alternate Phone Number
Email Address*
lennyortiz@comcast.net
Current Occupation
Retired
Employer
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
22 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Liquor and Civil Service
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
To continue serving my community in some fashion.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
Underage purchase... I believe I have been a part of an Authority that delivers fair and justice decisions to protect all parties
involved.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
17 years as a Colorado Peace Officer, degrees in Law Enforcement, Criminal Justice and Human Resource Management.
Worked for a beer company (Coors) which mandated yearly training on alcohol responsibility and ambassadorship to the
community that consumes the product.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
None
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
No
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
Good....
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
3 of 4 02/09/2022, 3:41 PM
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 02/09/2022, 3:41 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Cynthia
Last Name*
Shaw
Address1*
4278 Garland St.
Address2
Application for Boards and Commissions - Submission #64454
Date Submitted: 12/4/2021
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
1 of 4 02/09/2022, 3:42 PM
City*
Wheat Ridge
State*
CO
Zip*
80033
Phone Number*
720-724-4092
Alternate Phone Number
Email Address*
Advoc8e@gmail.com
Current Occupation
Retired
Employer
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
41 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Liquor Licensing Authority Board
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I am currently on the LLA Board and enjoy the appointment very much. I like to be involved in my community and volunteer
services as needed.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
The Board has worked through past issues with the pandemic and changes in how the Board operates as well as how our
liquor establishments have been challenged by changing regulatons, change in business practices etc. With the help of the
city staff and commitment of the Board members I believe we've been able to successfully navigate some very challenging
times and support Wheat Ridge businesses while keeping a close eye on following the liquor codes.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
Prior Board member, worked with WRPD for 25 years as a victim advocate and am aware of the devastation that can result
from DUI's, establishments not following the liquor laws etc.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
N/A
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
Friday afternoons (Community Table volunteer)
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
Comfortable
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
3 of 4 02/09/2022, 3:42 PM
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 02/09/2022, 3:42 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Ralph
Last Name*
Habben
Address1*
3401 Harlan St
Address2
Application for Boards and Commissions - Submission #66790
Date Submitted: 2/10/2022
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
1 of 4 02/14/2022, 1:53 PM
City*
Wheat Ridge
State*
MO
Zip*
80033
Phone Number*
816-225-9660
Alternate Phone Number
Email Address*
sralphhabben@hotmail.com
Current Occupation
Retired
Employer
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
8 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
President Kansas Insurance Association, President KIA School (continued
education)
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I was president of the Wheat Ridge Chamber of Commerce and an active member of the Wheat Ridge business Assn. I have
also worked with the West Metro Chamber and have had small parts helping Local Works. I attend the monthly Saturday
meetings with the Mayor and have a strong desire to continue working in a capacity such as the parks and recreation
commission. I have a strong business leadership background specializing in marketing management, and enjoy outdoor
activities such as tennis, hiking and biking. I have lots of time to devote to projects and have a strong desire to be part of my
community.
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Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
Recreation is a very important part of life in Colorado and it is important that our city provides every opportunity possible for
the enjoyment of our citizens. We are a city of diverse interests and age groups, and it is important that we recognize that
needs must be recognized for all ages and physical ability. I enjoy engaging with people and I feel I can bring open
communication and insight to the commission. I work well with others and enjoy the opportunity to work on new ideas and
welcome challenges.
Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
President Wheat Ridge Chamber of Commerce, Member Engagement for West Metro Chamber, volunteer of the year with
the Blue Springs Missouri Chamber. I was Territorial Manager for the states of Missouri and Kansas for Trinity Universal
Insurance where I worked with independent insurance agencies throughout both states. I was VP of Marketing with CPros, a
computer program development company before my retirement. This has given me the opportunity to work with a large and
diverse group of individuals and has allowed me to sharpen my skills to listen and process many opinions and ideas.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
None known
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
No
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
Very Comfortable
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
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Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
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Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Catherine
Last Name*
Rooney
Address1*
2937 Depew Street
Address2
Application for Boards and Commissions - Submission #66410
Date Submitted: 1/30/2022
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City*
Wheat Ridge
State*
CO
Zip*
80214
Phone Number*
2033941304
Alternate Phone Number
Email Address*
cerooney15@gmail.com
Current Occupation
Speech-Language Pathologist
Employer
Douglas County School District
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
1 year, 1 month Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
My name is Catherine Rooney, and I am a new resident of Wheat Ridge, CO. My fiance and I moved to this neighborhood last
December, and have absolutely loved becoming a part of the community. We live three blocks from Panorama Park, which
has become a place where I have met many friendly, like-minded neighbors both old and young. I see how Wheat Ridge is
evolving into a community where many young families are moving in and establishing roots here. I am one of those people,
and I am passionate about ensuring that there are socialization and recreation opportunities for citizens of all ages here in
Wheat Ridge.
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Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
I believe that some important issues facing this Parks and Recreation Board include: finding space and funding to put a dog
park on the East side of Wheat Ridge to meet the growing demand for one, The Green at 38th implementation, and involving
the community in Localworks. I believe I can have an impact on these issues because I have a fresh perspective on what
would be desirable for the community moving forward. As a 27 year old female who would like to eventually raise a family
here, I want to make sure this community has rich recreational opportunities and spaces for myself and my future children. I
am already impressed with the Wheat Ridge Recreation Center, Anderson Park Center, and Active Adult Center and the
classes they offer. It makes me excited to know that these places exist and that their is a strong community here!
Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
I have had experience with being a soccer coach with the Colorado Rapids Youth Soccer Program at Explore Elementary
School. The program was funded by a grant, so students had the opportunity to play soccer after school for a small fee.
Soccer equipment (i.e. shin guards, balls, cones, goals, etc.) was provided to my players. In college at Penn State University,
I was the THON Recycling and Environmental Efforts Coordinator. I participated in recycling presentations to encourage
recycling efforts and raise money benefitting the Four Diamonds Fund.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
I work at an elementary school in Castle Pines and my hours are 7:15-3:20 Monday-Friday. I would be able to
attend the monthly meetings at 6:30.
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
7:15 am.-3:20 pm. (usually arrive home by 4:30
pm. latest)
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
Very Comfortable
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
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Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
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Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Jerry
Last Name*
DiTullio
Address1*
3250 NEWLAND ST
Address2
Application for Boards and Commissions - Submission #65906
Date Submitted: 1/15/2022
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City*
Wheat Ridge
State*
CO
Zip*
80033
Phone Number*
7202536785
Alternate Phone Number
Email Address*
jdt01@comcast.net
Current Occupation
Jefferson County Treasurer
Employer
Jefferson County
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
30+Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Liquor Licensing Authority (current), City Council, Mayor, Outside Agency
Committee, etc...
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
Land use planning is an important part of having a vibrant city with a strong tax base for services and projects.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
Planning Commission makes land use recommendations to City Council. My background and experience would be an asset
to the commission.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
My background and experience as a former City Council member, City Treasurer and Mayor would be an asset to the
commission.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
None. I would be willing to serve on the LLA and the Planning Commission if allowed and desired by City
Council.
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
N/A
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
Excellent
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
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Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 02/09/2022, 3:43 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Jonathan
Last Name*
Schelke
Address1*
2902 Eaton street
Address2
Application for Boards and Commissions - Submission #63660
Date Submitted: 11/3/2021
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City*
Wheat Ridge
State*
colorado
Zip*
80214
Phone Number*
517-648-5366
Alternate Phone Number
Email Address*
jonathanschelke31@gmail.com
Current Occupation
grant specialist
Employer
State of Colorado
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
5 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I have spent my whole career in public service. As a school administrator and State employee.I believe in zoning and
appropriate land use.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
Land use and development are major issues in Wheat Ridge.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
I served on a county park board in Michigan. We passed a millage to build a comprehensive trail system and I was fortunate
to be on the board at this exciting time
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
none
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
during the day Monday-Thursday
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
comfortable
Upload any additional supporting documents (e.g. resume,
cover Letter)
LinkedIn.pdf
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
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Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Amber Garrett at 303-235-2819, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Danitza
Sosa
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 02/09/2022, 3:43 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
robert
Last Name*
adriaens
Address1*
8065 w 45th ave
Address2
Application for Boards and Commissions - Submission #63974
Date Submitted: 11/15/2021
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City*
wheat ridge
State*
colorado
Zip*
80033
Phone Number*
720-643-0963
Alternate Phone Number
Email Address*
robertadriaens@yahoo.com
Current Occupation
Chief Building Official
Employer
Weld County
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
7 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
My Name is Rob Adriaens and I live in wheat ridge with my wife Alicia, our 9 month old daughter Ella and our 16 year old
American eskimo dog Nilla. I would like to serve on this board in order to help guide the future development of wheat ridge
and maintain its special character that makes this such a wonderful place to live and raise a family.
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Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
I believe some of the key issues facing the board are housing affordability, Accessory dwelling units, and multifamily
developments. I think I have a great background in all these areas having worked as a building inspector/building official in a
wide range of towns from Breckenridge to weld county. I have seen these same problems and some of the solutions that work
and the positive and negative externalities of the decisions made by other planning commissions. In addition to this I am
originally from New Zealand (immigrated in 2014) and have lived in Australia, Germany and Canada so I have seen some
great ideas from these other countries.
Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
I am the Building official of weld county currently. Prior to this I was at Breckenridge and before that I worked for SAFEbuilt in
Evans, Platteville, Gilcrest, Hudson, Lochbuie, Commerce City, Aurora, Mead, Firestone, Dacono and Northglenn.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
none.
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
regular business hours mon-fri
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
Very Comfortable
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
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Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Amber Garrett at 303-235-2819, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Danitza
Sosa
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 02/09/2022, 3:44 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Kelly
Last Name*
Blynn
Address1*
4175 Brentwood St
Address2
Application for Boards and Commissions - Submission #66533
Date Submitted: 2/2/2022
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City*
Wheat Ridge
State*
CO
Zip*
80033
Phone Number*
6102205378
Alternate Phone Number
Email Address*
kmblynn@gmail.com
Current Occupation
Government
Employer
Colorado Energy Office
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
1.5 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Sustainable Wheat Ridge
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I’m an urban planner, and moved to Wheat Ridge about a year and a half ago. My husband and I moved from the east coast,
where we met, to Colorado, where he’s from, intending to build our life for the foreseeable future. Wheat Ridge emerged as
the right balance between my focus on urban planning issues, and my husband’s roots coming from growing up on a western
slope apple orchard. We’ve loved our time here thus far, and hope to make this community home for a long time to come. I
would love to serve on this commission to utilize my background to help guide Wheat Ridge as it navigates, along with many
front range communities, an intense period of growth and change.
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Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
I believe the board is facing challenges with respect to managing change and growth in Wheat Ridge, including how to
balance maintaining what people have loved about Wheat Ridge with growing issues such as housing affordability, access to
a variety of affordable, safe, and sustainable transportation options, access to open space, and more. Wheat Ridge has many
great assets to leverage – great trails and open spaces, access to light rail and other key transportation corridors, and close
proximity to cultural and employment centers in Denver and other neighboring jurisdictions. At the same time, it is divided by
one interstate, two busy and noisy state highways, and other high traffic roadways that also serve as the city’s main
commercial areas. These high traffic corridors not only pose safety issues for all roadway users, but also threaten the ability
for the city’s commercial zones to thrive, and limit residents’ quality of life. I believe my background in urban planning and
transportation, along with my experience living in and working with a variety of different types of communities, and my passion
for ensuring Wheat Ridge continues to be a great place to live will help me support the commission to navigate these issues. I
believe the commission needs to support pathways to add a variety of housing types to improve housing affordability, enable
increased infill and mixed use development along the city’s commercial corridors, and find ways to support infrastructure
investments that improve the connectivity, walkability, and livability of the city’s commercial areas, open spaces, and
residential neighborhoods as the city welcomes more neighbors.
Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
I have a masters degree in urban planning, worked for several years at a planning-focused non-profit, and work professionally
as a transportation and land use policy advisor for the state at the Colorado Energy Office. I also worked for several years in
consulting and at a national non-profit providing technical assistance to cities on transportation and other sustainability issues,
which helped give me a window into the issues that cities are facing. While my work today is primarily focused on
transportation issues, land use and transportation are fundamentally intertwined, and I strive to utilize my background to
address these issues holistically in a way that can help Colorado communities thrive, while meeting critical goals like reducing
greenhouse gas emissions and air pollution.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
The only activities I can imagine would be if the commission were to be taking a position or otherwise acting
on state level policies I may be involved with in my day job, but I think this is unlikely.
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
During the workday, though I sometimes have
some flexibility.
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
High, I work mostly remotely and am very familiar
with using technology.
Upload any additional supporting documents (e.g. resume,
cover Letter)
Blynn_Resume.docx
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
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By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
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Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
robert
Last Name*
brazell
Address1*
3830 carr st
Address2
Application for Boards and Commissions - Submission #64281
Date Submitted: 11/26/2021
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City*
Wheat Ridge
State*
CO
Zip*
80033
Phone Number*
3036389633
Alternate Phone Number
Email Address*
brazellbob@gmail.com
Current Occupation
retired
Employer
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
31 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I was a real estate broker for ten years in the 1980's. Own my own industrial supply company for 15 years until my retirement.
Have owned Rental property for over 30 years. I think I have a good understanding of zoning.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
Insuring the protection of the property owners in the city, while having having sensible growth.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
Wheat Ridge 101 Graduate
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
none
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
Two weeks in May
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
fair
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
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Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
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Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Rhonda
Last Name*
Norman
Address1*
4110 Upham St.
Address2
Application for Boards and Commissions - Submission #66123
Date Submitted: 1/22/2022
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City*
Wheat Ridge
State*
CO
Zip*
80033
Phone Number*
303.332.7451
Alternate Phone Number
Email Address*
rlnormanpowell@gmail.com
Current Occupation
Package handler
Employer
United Parcel Service
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
6.5 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
After living 17 years in an established neighborhood in northwest Denver, my husband and I purchased an infill lot in 2014
where we designed and built our modest, single-family home. We see this as an investment in Wheat Ridge, its community
and its future. During our tenure in Denver, we witnessed first-hand the effects of gentrification on our neighborhood and
larger community. As a member of the Planning Commission, I'd like to apply those insights towards helping Wheat Ridge
manage its own experience with gentrification to the benefit of its residents, businesses and government.
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Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
Wheat Ridge, like much of the Denver-metropolitan area, must grapple with a growing population and the effects of
gentrification; balancing the need for affordable housing with the demands of for-profit residential development; as well as
managing non-residential development in a manner that is sustainable and responsive to shifting trends in consumerism,
medical care, open space, and transportation. I feel I can contribute to the City's work by bringing a balanced, big-picture
perspective informed by established objectives and regulations.
Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
I've served on two charter school board of directors as well as a variety of committees therein. I taught American History for 7
years and as such am very familiar with the intended role of government in community affairs.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
We have a building (built in 1950) behind our house (built in 2016) that could conceivably serve as an ADU.
For that reason, I would recuse myself from voting on any proposals regarding City oversight of ADUs.
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
I'm generally not available between 9PM and 10AM.
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
I am familiar and comfortable with this
arrangement.
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
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Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
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Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Julianne
Last Name*
Stern
Address1*
7630 W 48th Ave
Address2
Application for Boards and Commissions - Submission #64559
Date Submitted: 12/8/2021
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City*
Wheat Ridge
State*
CO
Zip*
80033
Phone Number*
973-476-2470
Alternate Phone Number
Email Address*
julianne.stern@gmail.com
Current Occupation
affordable housing developer
Employer
Archway Communities
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
6 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Board of Adjustment
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
Since moving to Wheat Ridge 6 years ago, I have sought out opportunities to be involved in shaping the future of our
community's built environment, including participating in Wheaties Academy, serving on Wheat Ridge's Neighborhood
Revitalization Strategy Steering Committee, and serving on the Wheat Ridge Board of Adjustment. My family is committed to
residing in our neighborhood for many years to come. I feel a personal stake in helping guide the future of our community to
protect and enhance the qualities that make Wheat Ridge a great place to raise a family. I see serving on Planning
Commission as a way to use my educational and professional background to deepen my service to my community and
support discussions and decision-making about our shared future.
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Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
Wheat Ridge is likely to face intense redevelopment pressures over the next several years as the population of the metro
area continues to grow and the adjacent Denver neighbors continue to gentrify out of reach for many residents. The Planning
Commission will play a crucial role in guiding change in our community in a way that both enhances the livability of our built
environment and honors Wheat Ridge's heritage and neighborhood character. I love my neighborhood and community and
believe that I can contribute my understanding of planning theory and principles and my experience with the nuts and bolts of
entitlements processes to help protect and enhance quality of life in our community.
Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
I hold a Master of City and Regional Planning degree and an MBA from the University of North Carolina and have been
working in affordable housing development in Denver, Jefferson County, and the metro area for 7 years. In my role, I lead
design and construction teams through the entitlements process. I have day-to-day experience working with planning staff,
planning commissions, and city councils throughout the metro area to implement rezonings, special use permits, variances
and other types of approvals for various projects. I believe these experiences have lent me a strong understanding of the role
that planning commissions play in applying and interpreting written codes to shape the built environment of a community, and
I look forward to the opportunity to participate in that process in my own community.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
I work as a real estate developer in the Denver metro area. My team is not currently undertaking or
considering any projects in Wheat Ridge. If a conflict were to arise, I would work proactively with staff to
determine if it would be appropriate to recuse myself from a particular case.
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
I use this type of technology daily in my work and
am extremely comfortable accessing materials
online.
Upload any additional supporting documents (e.g. resume,
cover Letter)
Resume - Julianne Stern - 2020-03-22.pdf
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
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Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
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4 of 4 02/09/2022, 3:46 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
David
Last Name*
Netz
Address1*
3840 Tabor Ct
Address2
Application for Boards and Commissions - Submission #66823
Date Submitted: 2/11/2022
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City*
Wheat Ridge
State*
Colorado
Zip*
80033
Phone Number*
7325568441
Alternate Phone Number
Email Address*
davenetz@gmail.com
Current Occupation
Marketing
Employer
Dundee Hills Group
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
5 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Stapleton Citizens Advisory Board (to the Stapleton Development Corp.), Cherry
Creek Steering Committee
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
Intend to be a long-term resident in Wheat Ridge and would love to see the city expand and develop in positive directions with
regard to density, equity and quality of life. I enjoy the planning process in attempting to gather current resources that result in
future enhancements.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
Traffic & transportation will be key (Wadsworth redevelopment, Clear Creek Crossing, Lutheran redevelopment) - what will the
impacts be with shifting traffic patterns - how can these be mitigated in advance; New infill projects; Balanced redevelopment
of aging areas of the city; integration of open space and parks into neighborhoods
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
Stapleton Development Corporation (SDC) Citizens Advisory Board (CAB), 2010 to 2016; Co-Chair 2011-2016
Appointed as a representative to the board that advises the entity responsible for the transfer of land from the airport and
Forest City, the master developer. The redevelopment of the former Stapleton airport is the largest sustainable in-fill project in
the United States. The CAB reviewed all plans relating to development, affordable and market-rate housing, parks, open
space, and sustainability.
Stapleton Zoning & Planning Committee, 2010 to 2016
Chair of committee responsible for reviewing long-term and short-term development plans, including alignment with the
master plan (the “Green Book”), map amendments and proposed projects. Worked with the City of Denver’s planning office,
public works department and transportation planning agencies.
Central Park Boulevard TOD/TOC Tri-Committee, 2011-2013
Chaired the integrated planning effort to provide local input into the new Central Park station transportation-oriented
development (TOD) area plan, including transportation, housing diversity, zoning and land use.
Cherry Creek Steering Committee, 1993-2005; Chair, 1998-2005
The Cherry Creek Steering Committee coordinates the urban planning and development for one of metro Denver’s most
important retail, office and residential districts. As Chairman of the committee for seven years, built consensus among
business interests, neighborhoods and the City and successfully completed a new 10-year plan. Facilitated review and
approval of enhancements to the shopping center, the redevelopment of the Sears site as an office-hotel-retail district, and
the Cherry Creek park and bikeway. The Cherry Creek Steering Committee was the model used for the Stapleton, Lowry and
Gates redevelopment projects.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
The only conflict might be travel schedules. My job used to require short travel blocks every 8 weeks or so,
but not too likely in the current environment.
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
March 24 (spring break), June 9 & 23 (possible trip)
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
Work for tech communications firm, so usually no problems
Upload any additional supporting documents (e.g. resume,
cover Letter)
DavidNetz_210410.pdf
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
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Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
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Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Melissa
Last Name*
Antol
Address1*
3540 Holland St
Address2
Application for Boards and Commissions - Submission #65756
Date Submitted: 1/10/2022
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1 of 4 01/26/2022, 10:43 AM
City*
Whet Ridge
State*
CO
Zip*
80033
Phone Number*
13235137110
Alternate Phone Number
Email Address*
melissa.antol@gmail.com
Current Occupation
Consultant Manager
Employer
hrQ Inc
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
5 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Planning Commission
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I have master's degree in community planning and have worked in the field of community planning and service to local
communities for over 20 years. I have significant expertise, and a deep passion in serving my community by applying my
knowledge to help advise the city on critical decisions that support growth, neighborhood protection, reinvestment and
redevelopment of our community in ways that support community desires, local and regional connectivity and quality of life.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
Affordable housing, quality of life, community redevelopment and reinvestment (smart growth), neighborhood protection
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
Background and education in community planning spanning over 20 years. Current Planning Commission member, with
balanced and objective track record.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
None
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
No. Just occasional travel commitments, rare in the
era of the pandemic.
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
Very comfortable. Automate and reduce waste!
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
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3 of 4 01/26/2022, 10:43 AM
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 01/26/2022, 10:43 AM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
William
Last Name*
A Kerns
Address1*
8525 W 32ND AVE
Address2
Application for Boards and Commissions - Submission #66758
Date Submitted: 2/9/2022
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1 of 4 02/09/2022, 4:48 PM
City*
WHEAT RIDGE
State*
CO
Zip*
80033
Phone Number*
3038154264
Alternate Phone Number
Email Address*
wkerns@openplan.net
Current Occupation
Sr. Transportation Planner
Employer
Ulteig Engineers
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
7 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Planning Commission
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
Happy to help the city review plans and make planning decisions based on my knowledge and experience.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
Housing is a critical issue facing the city. I feel that I can help usher in a range of housing types and choices in Wheat Ridge. I
also think that I can help Wheat Ridge plan for increased public health through the creation of active transportation projects,
and smart, equitable growth.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
I am currently serving as a Wheat Ridge District 3 Planning Commissioner. I've also served as the Chair of the RiNo Arts
District, Neighborhood Design Team.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
I currently work for a consulting engineering firm, however I do not feel that this could create any conflicts of
interest.
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other committments?
Notices, agendas and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
High level of comfort using computers and
electronic communications.
Upload any additional supporting documents (e.g. resume,
cover Letter)
Will Kerns Resume.docx
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
3 of 4 02/09/2022, 4:48 PM
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. In the event that applies for this
position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2877,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/...
4 of 4 02/09/2022, 4:48 PM