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HomeMy WebLinkAboutCouncil Packet 01/11/2010 6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING January 11. 2010 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF December 14. 2009 CITIZENS' RIGHT TO SPEAK , , a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. J b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA 1. CONSENT AGENDA A. Resolution 05-2010 -approving an agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services and authorizing payment of $66,400. B. Resolution 04-2010 -approving the renewal and amendment of an Intergovernmental Agreement for Ambulance Services among the City of Wheat Ridge, the Wheat Ridge Fire Protection District and Pridemark Paramedic Services, LLC. C. Resolution 02-2010 -recognizing a change in the Bylaws of WR2020 regarding Ex-Officio Board Members and taking related actions. CITY COUNCIL AGENDA: January 11 , 2010 Page -2-D. Resolution 01-2010 designating the Official Public Notice Location and the Official Newspaper of general circulation for the City of Wheat Ridge, Colorado. E. Motion to adopt the 2010 Regular City Council Meeting Calendar. F. Motion for approval of the 2010 Annual Assessment Fee to the Table Mountain Animal Center to maintain adequate animal shelter support to the Wheat Ridge Police Department and the citizens of the City of Wheat Ridge in the amount of $26,602.51 . G. Motion for approval of payment to the Colorado Municipal League (CML) for the City of Wheat Ridge Membership Dues for 2010 in,the total amount of $21,853.00. DECISIONS, RESOLUTIONS, AND MOTIONS 2. Resolution 03-2010 -approving a contract with COOT for the construction of Traffic Median Improvements on Wadsworth Blvd. (SH 121) from West 44th to West 45th Avenue, Project No. 17529, and approval of a supplemental budget appropriation in the amount of $70,000. 3. Motion to encumber funds for 2010 Fuel, Granular Deicer and Liquid Deicer purchases in an amount not to exceed $400,000. 4. Motion to approve the award of ITB-09-33 Safe Routes to School Project Improvements to KECI Cblorado in the amount of $54,038. 5. Resolution 06-2010 -amending the Fiscal Year 2010 Budget to reflect acceptance of a Grant in the amount of $6,000 and in connection therewith, approval of a supplemental budget appropriation in the amount of $6,000 for development of a Mixed Use Zone District Website. 6. Introduction of proposed City Council Rules Changes. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO December 14. 2009 Mayor DiTullio called the Regular City Council Meeting to order at 7:01 p.m. Councilmembers present: Karen Adams, Karen Berry, Joseph DeMott. Joyce Jay, Tracy Langworthy, Davis Reinhart, Wanda Sang, and Mike Stites. Also present: City Clerk, Michael Snow; City Manager, Randy Young; Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl; Senior Planner, Sally Payne; Director of Public Works, Tim Paranto; Director of Parks and Recreation, Joyce Manwaring; Assistant to the City Manager, Heather Geyer; staff; and interested citizens. APPROVAL OF MINUTES OF November 23,2009 Motion by Mrs. Sang for approval of the Minutes of November 23, 2009; seconded by Mr. Stites; carried 8-0. PROCLAMATIONS AND CEREMONIES Rotary Club Presentation -WRHS Field Contribution Joyce Manwaring was present to accept a grant of $3,000 awarded from the Wheat Ridge Rotary Club for the funding of Wheat Ridge Parks cooperative use of the High School athletic fields. CITIZENS' RIGHT TO SPEAK Gretchen Cerveny invited Elected Officials in Wheat Ridge to attend the meeting of the Jefferson County Transportation Advocacy and Action Group who is advocating for FASTER funding of transportation needs in the area, including the reconstruction needs of the 32nd & Youngfield intersection. The Group meets the second Wednesday of the month, December 16,2009. ~ CONSENT AGENDA A. Ratification of Mayor DiTullio's Urban Renewal Authority Appointment. B. Ratification of Mayor DiTullio's Budget Oversight Committee Appointment. C. Resolution 63-2009 -amending the fiscal year 2009 General Fund and Recreation Center Fund to reflect the approval of supplemental budget appropriations in the amounts of $199,302 and $105,348, respectively, for the purposes of repairing damage to City assets caused by the July 20, 2009 storm. D. Motion to cancel the Wheat Ridge City Council Study Session of December 21, 2009, and the Regular Meeting of December 28, 2009. Consent Agenda was introduced and read by Mrs. Langworthy. CITY COUNCIL MINUTES: December 14, 2009 Page -2-Motion by Mrs. Langworthy for approval of the Consent Agenda; seconded by Mrs. Sang and Mr. Reinhart; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 30-2009 -An Ordinance amending Section 11 -183 of the Wheat Ridge Code of Laws to require Pawnbrokers to submit electronic records and digital photographs of property and persons who complete pawn transactions in the City. Public Hearing is continued from the October 26, 2009 City Council Meeting. Motion by Mrs. Sang to continue the public hearing on Council Bill 30-2009 until January 25, 2010; seconded by Mrs. Langworthy; carried 8-0. DECISIONS, RESOLUTIONS, AND MOTIONS . . , , ~ Resolution 53-2009 -adopting the City Budget and appropriating sums of money to the various funds and spending agencies for the City of Wheat Ridge, Colorado, for the 2010 budget year. Resolution 53-2009 was introduced by Council Member Stites. Motion by Mr. Stites to approve Resolution 53-2009, with the following amendment: Transfer $1 ,000,000 from the General Fund Budget Undesignated Reserves to the 2010 CIP Budget to appropriate the necessary funding for various street preventative maintenance projects; seconded by Mrs. Sang. J Mary Cavarra, former City TreasurJr and current member of the Citizen's Budget Oversight Committee, expressed concern of the dwindling of the City's Budget surplus because, 1. There are no new revenue sources on the horizon for the City and, 2. If anyone of the few major retail stores in the City which are our anchor sales tax sources were to close, we would have serious financial problems in the City. Sales tax revenues did not grow in 2005-2007 while neighboring Cities revenues did. Thus, Mrs. Cavarra believes the City cannot count on higher revenues once the economy comes out of the recession. Motion carried 5-3 with Council Members Berry, Adams and Jay voting No. 4. Resolution 62-2009 -levying general property taxes for the year of 2009, to help defray the costs of government for the City of Wheat Ridge, Colorado, for the 2010 Budget Year. Resolution 62-2009 was introduced by Council Member Langworthy. Motion by Mrs. Langworthy to approve Resolution 62-2009; seconded by Mrs. Sang; carried 8-0. CITY COUNCIL MINUTES: December 14, 2009 Page -3-5. Resolution 61-2009 -amending the fiscal year 2009 general fund budget to reflect the approval of a supplemental budget appropriation for additional Contract Building Inspections related to damage from the July 20, 2009 storm to Code Consultants International in the amount of $56,550. Resolution 61-2009 was introduced by Council Member Sang. Motion by Mrs. Sang to approve Resolution 61-2009; seconded by Mrs. Langworthy; ca rried 8-0. 6. Award of ITB-09-34 38th Avenue and Kipling Street Park to Golden Triangle Construction Inc. in the amount of $1 ,513,888 for the purpose of Park Construction. Motion by Mr. Stites to award ITB-09-34, 38th Avenue and Kipliri~ Park, to Golden Triangle Construction, Inc. in the amount of $1,513,888, with $690,000 to be charged to Acc!. No. 54-601-800-862 and $823,888 charged to Acc!. No. 32-601-800-862; I further move to award a contingency amount of $100,000 to be charged to Acc!. No. 32-601-800-862; seconded by Mrs. Sang. Mrs. Mrs. Marchese feels the property has been neglected for a long time and needs work. She commended the City for finding ways to creatively fund the park's construction without taking from the City's short revenues through the use of Open Space funds. Susie Seeds, Parks Commissioner for District 1, recommends approval of the contract award for construction of this park since re~idents do not have access to a neighborhood park in this area. Motion carried 7-1 with Council Member Berry voting No. 7. Approval of Contract Award to Design Concepts in the amount of $30,245 for the purpose of Park Construction, Observation and As-Built Services. Motion by Mr. Stites to approve the award of a contract to Design Concepts in the amount of $30,245 for the purpose of park construction, observation and as-built services, to be charged to Acc!. No. 54-601-800-862; seconded by Mr. DeMott; carried 8-0. 8. Resolution 59-2009 -adopting amendments to the City of Wheat Ridge Comprehensive Plan concerning the Three-Mile Plan. (Case No. WPA-08-02) Resolution 59-2009 was introduced by Council Member Berry. Motion by Ms. Berry to approve Resolution 59-2009; seconded by Mrs. Langworthy; carried 8-0. CITY COUNCIL MINUTES: December 14, 2009 Page -4-~ Resolution 58-2009 -in support of removing the options identified by the Jefferson County Schools Facilities Usage Committee that directly affect the schools in the City of Wheat Ridge. Resolution 58-2009 was introduced by Council Member Jay. Motion by Mrs. Jay to approve Resolution 58-2009; seconded by Mrs. Sang. Chad Harr, Wheat Ridge Education Committee member, attended the Jefferson County facilities usage meeting where the School District has decreased the list of facilities cuts down to twelve, including removing option 22B, leaving options 21 Band 22A. He urged Council to work with neighboring cities to revitalize areas in eastern parts of the County. Closing of Wheat Ridge schools is a detriment to the students, families and businesses in the area and works directly against the City's revitalization efforts. " .' Motion carried 8-0. 1 O. Resolution 60-2009 -awarding Bicycle and Pedestrian Master Plan Phase Two in the amount of $24,950 and in connection therewith. approval of a supplemental budget appropriation in the amount of $24,950. Resolution 60-2009 was introduced by Council Member DeMott. Motion by Mr. DeMott to approve Resolution 60-2009; I further move to award the Bike and Pedestrian Master Plan Phase 2, to Felsburg, Holt & Ullevig, Centennial, CO in the not-toexceed amount of $24,950; I further move that all costs associated with this contract be paid from Acct. No. 30-303-800-848, and that these funds be encumbered for the length of the project in accordance with Ordinanc'~ #787, 1989 Series; seconded by Mrs. Sang and Mrs. Langworthy; carried 8-0. CITY COUNCIL MINUTES: December 14, 2009 Page -5-ELECTED OFFICIALS' MATTERS Mrs. Adams urged citizens to participate in the fourth annual Wheat Ridge 2020 Planning Academy. Interested citizens may reach Denise Balkas at dbalkas@wr2020 org. Registration will be open until January 15, 2010. Mayor DiTullio announced the Building Code Task Force will hold their first meeting in January (date and time has yet to be set). Motion by Mr. Reinhart to hold an Executive Session for a conference with the City Attorney under Charter Section 5.7(B)(1) and Section 24-72-402(4)(B), C.R.S., specifically to Conference with the City Attorney for legal advice on the water supply to the Richards Hart Estate; I further move to adjourn the regular meeting at the conclusion of the Executive Session; seconded by Mrs. Sang; carried 8-0. EXECUTIVE SESSION WAS HELD. Meeting adjourned at 8:37p.m. ~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON JANUARY 11, 2010 BY A VOTE OF to Davis Reinhart, 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 in the City Clerk's Office, as well as copies of Ordinances and Resolutions. • City of ? WheatRL..dge [TEMNO:~A , DATE: January I 1, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION 05-2010 -A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE SERVICES AND AUTHORIZING PAYMENT OF $66,400 o PUBLIC HEARING o BIDS/MOTIONS [gJ RESOLUTIONS QUAS[-JUDIC[AL: ISSUE: o ORDfNANCES FOR 1 ST READING o ORDfNANCES FOR 2ND READING DYES [gJ NO [n 2006, the Wheat Ridge Police Department entered into an Inter-Governmental Agreement (IGA) with the Lakewood Police Department to provide forensic crime lab services. This agreement was prompted by recommendations made in the 2004 Police Department Organizational Assessment which recommended civilianizing the department's crime lab and using the two sworn crime lab detective positions for other police functions. The disbursement of $66,400 is made to the City of Lakewood in four quarterly payments. PRIOR ACTION: After reviewing the available options, the department entered into an agreement with the Lakewood Police Department to provide forensic crime lab services. The first IGA, an eighteen month agreement was approved in June, 2006 and ended December 31 , 2007. Due to the success of this agreement, it was continued through 2008 and 2009. The City of Lakewood requires IGA's to be approved annually. This agreement has again been successful over the past year and it is recommended the agreement to be continued for the period between January 1, 2010 and December 31, 2010. Council Action Form -Lakewood Crime Lab IGA January 11,2010 Page 2 BACKGROUND: Prior to this agreement, the Wheat Ridge Police Department had two sworn detectives assigned to the Forensic Crime Lab. Two separate assessments recommended the department explore options to staffing the forensic crime lab with other than sworn personnel. After reviewing the alternatives, the police department determined the best option was to partner with the Lakewood Police Department. This partnership allowed the department to enhance forensic crime lab services to the community. The department used one sworn position to fund the hiring of a crime scene analyst for the Lakewood Police Department and reassigned the second crime lab position as a detective in the Investigations Bureau to investigate criminal cases. This partnership provides the Wheat Ridge Police Department with immediate access to all of Lakewood Crime Lab personnel as needed. The Lakewood Police Department provides access to their crime scene analysts and a supervisor to respond to calls in Wheat Ridge based on the crime scene processing needs. This arrangement allows the department to allocate personnel resources to investigating cases. To date, this partnership has improved service levels at major crime scenes and has provided for an assigned crime scene analyst to routinely process evidentiary items at the police department. In addition, the supervisor and crime scene technicians routinely attend Investigation Bureau meetings and have provided crime scene processing training to Wheat Ridge officers. FINANCIAL IMPACT: Per the agreement, Wheat Ridge pays salary and benefit costs for one Lakewood Crime Lab position at $61,000 for 2010. Preliminary overtime costs have been estimated at $5,400 per year, bringing the total cost to $66,400 per year. In addition, the department will provide for the replenishment of supplies consumed in'the course of an investigation. In comparison, salary and benefits costs for one Wheat Ridge Police senior detective position are $91 ,064 and estimated overtime costs of$8,000, bring the total costs for a sworn crime lab position to $99,064. This IGA saves the department approximately $32,664 a year. RECOMMENDATIONS: The police department recommends maintaining the partnership with the Lakewood Police Department. This IGA makes the police department more efficient and effective, and enhances our level of service to the community. It also provides the department the opportunity to redeploy a sworn position to the Investigations Bureau. RECOMMENDED MOTION: "I move to approve Resolution 05-20 I 0 -approving an agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services and authorizing payment from budgeted account 01-212-700-704 in the amount of $66,400." Or, "I move to table indefinitely Resolution 05-20 to -approving an agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services for the following reason(s) " Council Action Form -Lakewood Crime Lab lOA January 11 ,2010 Page 3 REPORT PREPARED BY: Jim Lorentz, Division Commander Daniel Brennan, Police Chief A TT ACHMENTS: I. Resolution 05-1020 2. Staff Report 3. Intergovernmental Agreement Between City of Lakewood and City of Wheat Ridge CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 05 Series of 2010 TITLE: A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE SERVICES AND AUTHORIZING PAYMENT OF $66,400 WHEREAS, the Lakewood Police Department possesses both a forensic crime lab and personnel that provide services that enhance investigative capabilities on crime scenes; and WHEREAS, the Wheat Ridge Police Department is desirous of utilizing these resources to more effectively manage its crime scene investigation; and WHEREAS, one additional Crime Scene Analyst hired by Lakewood will adequately staff the crime response team with sufficient resources to service Wheat Ridge's needs; and WHEREAS, the effect of the additional Crime Scene Analyst will be that Wheat Ridge will receive services equivalent to one full-time employee; and WHEREAS, the parties wish to establish a cooperative working relationship between them to provide for the use of the forensic crime lab and personnel hereafter described in this Agreement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: That this Agreement shall be in full force and effect on the date that both Parties have executed this Agreement (the "Effective Date"). This Agreement shall automatically renew for one-year terms on the anniversary of the Effective Date. A Party may terminate its participation in this Agreement with or without cause after ninety days written notice to the other Party. DONE AND RESOLVED THIS DAY OF _______ 2010. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 1 < • City of ~WheatRl..dge ~OLlCE DEPARTMENT TO: Daniel Brennan Chief of Police Memorandum FROM: Jim Lorentz, Division Commander Support Services Division DATE: December 31, 2009 (for the meeting of January II, 20 I 0) SUBJECT: Staff Report -Crime Lab/Crime Scene Services Agreement With Lakewood Police Department Each year at this time, we examine the effectiveness and efficiency of our agreement with the Lakewood Police Department and our shared response to crime lab/crime scene services. After two years in this partnership, the arrangement with the Lakewood Police Department regarding crime lab and crime scene service responsibilities continues to work very well. Members of the Lakewood Police Department Crime Lab Team currently attend our bi-weekly detective meetings and work out of the Wheat Ridge Lab for approximately three one-hal f days per week. In addition, we utilize various members of the team for vehicle processing, scene processing, case preparation and processing within the Lakewood Lab. On numerous occasions there has been processing which required more than one technician to respond. The ability to use an entire team or multiple technicians has proven very valuable. For the first nine months of2009, we have utilized the lab team for over 731 hours of processing within the lab and for over 187 hours of field processing. This represents a 24% increase in field and lab processing hours as compared to 2007, without any increases in cost. The cost for these services certainly justifies the money that we pay for these services. The increased professionalism through using a highly trained team is also well worth our cost. The dependable response to incidents requiring substantial processing also lends to the satisfaction with this current arrangement. It is strongly recommended that we continue this agreement through 20 I O. ATTACHMENT 2 AGREEMENT THIS AGREEMENT is made and entered as of the 11th day of January, 2010, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation, (hereinafter referenced as "Wheat Ridge"), and the CITY OF LAKEWOOD, COLORADO, a Colorado municipal corporation, (hereinafter referenced as "Lakewood"). RECITALS WHEREAS, Lakewood possess both a forensic crime lab and personnel that provide services that enhance investigative capabilities on crime scenes; and WHEREAS, Wheat Ridge is desirous of utilizing these resources to more effectively manage its crime scene investigation; and , . WHEREAS, one (1) additional Crime Scene Analyst hired by Lakewood will adequately staff the crime response team sufficient to service Wheat Ridge's needs; and WHEREAS, the effect of the additional Crime Scene Analyst will be that Wheat Ridge will receive services equivalent to one (1) full-time employee; and WHEREAS, the parties wish to establish a cooperative working relationship between them to provide for the use of the forensic crime lab and personnel hereafter described in this Agreement. COVENANTS NOW THEREFORE, in consideration of the recitals, covenants, and promises herein set forth and other good and valuabhr consideration herein received, the parties agree as follows: 1. Definitions. As used herein, the following terms have the meanings set forth: a. Ancillarv scene/ancillarv crime scene: A scene that is not the primary scene of a call-out. Ancillary scenes include, but are not limited to: hospitals, vehicles and the Lakewood Police Department when used to create search warrants and process victims and/or suspects. b. Call-out: A request made by either the Wheat Ridge or Lakewood Police Department for a Crime Scene Analyst, and any other personnel as may be deemed necessary, to visit a crime scene and to begin the investigation and analysis necessary to resolve that particular case. c. Court preparation: Includes, but is not limited to: photo processing and preparation, diagram production, pre-trial meetings, consultation and other work done to prepare for any court proceedings resulting from a crime scene investigation. d. Crime Scene/Scene: Either a primary or ancillary scene as defined in this section. e. Crime Scene Analyst: A non-sworn member of the Lakewood Police Department specializing in crime scene investigation. ATTACHMENT 3 f. Forensic crime lab/crime lab/lab: A lab specially designed to aid in the investigation and analysis of evidence found at a primary crime scene or any ancillary crime scene. g. Image analysis: Follow-up work done in the lab, which includes, but is not limited to: review of images and providing stills from surveillance tapes. h. Latent print work: Follow-up work done in the lab, which includes: processing, evaluation and comparison of fingerprints, as well as entry of such fingerprints into Lakewood's A.F.I.S. (Automated Fingerprint Identification System), AFIX and I.A.F.I.S. (Integrated Automated Fingerprint System). i. Overtime: Time worked by any Crime Scene Analyst beyond the normal working hours as scheduled on a weekly basis. j. Primary scene/primary crime scene: The location where a crime is committed. 2. Availability of crime scene investigation resources. Lakewood shall make its forensic crime lab and personnel available to Wheat Ridge under the terms set forth in this Agreement. 3. Scope of services. Wheat Ridge may make a call-out request for a Crime Scene Analyst in the circumstances as set forth in Exhibit 1 (the "Call-out Policy") herein attached. Lakewood shall provide the following services to Wheat Ridge in conjunction with each Wheat Ridge call-out: a. At least one (1) CrirT)e Scene Analyst at the primary scene of the call-out; b. At least one (1) Crime Scene Analyst at any ancillary scenes; c. Chemical preparation for any required processing at a scene; and d. Follow-up preparation and evaluation of evidence in Lakewood's or Wheat Ridge's lab. Follow-up in the lab includes, but is not limited to: i. Documentation of clothing and other items of evidentiary value; ii. Bloodstain pattern analysis both at the scene and in the lab. Bloodstain pattern analysis includes presumptive testing for blood; iii. Latent print work; iv. Footwear and tire track processing and comparison; v. Alternate light source examinations; vi. Fracture match examinations; vii. Image analysis; viii. Image processing and the archival storage and reproduction of images which includes: time, material and storage expense; ix. Report writing and diagramming, which includes laser mapping; x. Gunshot residue collection; xi. Court preparation; and xii. Court testimony. 2 4. Procedure. All evidence that is not needed for immediate forensic examination shall be booked into Wheat Ridge property and evidence. Wheat Ridge shall be responsible for any required viewings of evidence. 5. Standard. access and quality of service. With regard to all services provided under this Agreement, when responding to a request from Wheat Ridge, Lakewood shall provide the same standard of service, quality of service and accessibility to Wheat Ridge, as it does for all of its own callouts. At a minimum, at least one (1) Crime Scene Analyst will respond to all primary and ancillary crime scenes. Additional personnel may be called to the scene as necessary and as they become available. In light of the addition of a new full -time Crime Scene Analyst pursuant to Paragraph 7(a) hereof, it is the expectation of the parties that this staffing increase will permit a Crime Scene Analyst to respond to any Wheat Ridge and/or Lakewood call-out for evidence collection. 6. Assignments. Assignments to each call-call-out shall be made by Lakewood. Wheat Ridge shall provide security for any Crime Scene Analyst who is at the scene of a Wheat Ridge incident. 7. Compensation. In return for services provided and access to crime scene investigation resources, Wheat Ridge shall compensatEj Lakewood in the following manner: a. Salary, benefits and other associated costs. Wheat Ridge shall pay the salary, benefits and other costs associated with Lakewood retaining one (1) full -time Crime Scene Analyst. During the first twelve (12) months of employment, salary for said employee shall not exceed $61 ,000. Salary shall be payable in advance in quarterly installments of $15,250. Changes in salary, benefits, overtime and other associated costs of this Agreement shall be made during each party's budget process, (typically completed in the months of May and June) but in no event shall such changes be communicated to the other party later than one (1) week prior to submission of the final budget to the party's respective City Managers' offices for approval i. Overtime. Wheat Ridge shall pay all hourly overtime costs for Crime Scene Analysts on Wheat Ridge call-outs at the overtime rates paid by Lakewood for all overtime incurred by such Crime Scene Analysts. Within thirty (30) days of receipt of the invoice from Lakewood, Wheat Ridge shall pay all overtime costs incurred. The parties understand that this rate may change from time to time, upon 45 days advance written notice from Lakewood to Wheat Ridge. 3 b. Replenishment of supplies. The City of Wheat Ridge agrees to provide replenishment of supplies consumed in the course of an investigation. These supplies include, but are not limited to, fingerprint powder, tape and brushes, casting material and chemicals used in the development of latent impressions and latent blood detection. c. Personnel support. The City of Wheat Ridge agrees to provide financial support for the analyst in the amount of $1,600 per year. This funds the employee's training costs, pager, cell phone and clothing expenses. This fee will be billed quarterly in pro-rated amounts. d. Scope. This Agreement shall not be read to include access to Lakewood's Computer Forensics Technician. 8. Staffing. , , The Lakewood forensic crime lab shall be staffed by Lakewood employees exclusively. Lakewood shall hire one (1) additional Crime Scene Analyst who will be a Lakewood employee for all purposes, including, but not limited to: discipline and supervision. 9. Records and retention. All physical records and evidence generated by the crime lab and its personnel shall remain in the possession of Lakewood for the limited purpose of forensic examination. Upon completion of such examination, such physical records and evidence shall be maintained by Wheat Ridge. Legal ownership of such records and evidence from any Wheat Ridge crime scene shall remain exclusively with Wheat Ridge. Wheat Ridge shall havEj all responsibility for responding to records inspection requests and any subpoenas for records with respect to Wheat Ridge crime scenes. 10. Use of facilities. Lakewood shall have access to the Wheat Ridge facilities necessary to carry out this Agreement. Furthermore, Lakewood shall have access to the evidence facility owned by Wheat Ridge located at 11220 W. 45th Avenue, Wheat Ridge, Colorado 80033-2500. 11. Compliance with Colorado Constitution Article X Section 20. The obligations of the parties hereunder are expressly subject to annual appropriation of amounts necessary in the sole and exclusive discretion of their respective governing bodies. Nothing in this Agreement constitutes or is intended to create a multi-year fiscal obligation or debt of either party within the meaning Article X, Section 20 of the Colorado Constitution. 12. Effective Date. This Agreement shall take effect on the 1st day of January, 2010, or upon execution of this Agreement by both parties, whichever event occurs last. 4 13. Term. The term of this Agreement shall be twelve (12) months from the Effective Date. 14. Termination. Either party may terminate this Agreement for any reason upon providing sixty (60) days notice to the non-terminating party; provided, however, that the non-terminating party is given at least thirty (30) days to effect a cure. Notice of termination must state the reason the party is terminating the Agreement such that the non-terminating party is given adequate information to cure. Any notice given under this section shall be sufficient if personally delivered or if sent by certified mail, return receipt requested, addressed as follows: If to Wheat Ridge: With a copy (which shall not constitute notice) to: If to Lakewood: With a copy (which shall not constitute notice) to: 7500 W. 291h Ave. Wheat Ridge, CO 80033 Gerald E. Dahl Murray Dahl Kuechenmeister & Renaud LLP 2401 151h Street, Ste. 200 Denver, Colorado 80202 Lakewood Public Safety Ctr. 445 S. Allison Pkwy. Lakewood, CO 80226 Office of the City Attorney Lakewood Civic Center 480 S. Allison Pkwy. Lakewood, CO 80226 Notices personally delivered shall be effective upon delivery. Mailed notices shall be effective three (3) business days after mailing. 15. Waiver. Failure to insist upon strict compliance with any of the terms, covenants and/or conditions hereof shall not be deemed a waiver of such terms, covenants and/or conditions, nor shall any waiver or relinquishment of any right or power hereunder at anyone time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 16. Amendments to Agreement. No changes, alterations or modifications to any of the provisions hereof shall be effective unless contained in a written agreement signed by both parties. 5 17. Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, agreements, proposals, representations, negotiations and letters of intent, whether written or oral, pertaining to the subject matter of this Agreement. 18. Governing law; severabilitv. The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder, jurisdiction and venue shall be proper and exclusive in the Courts of the County of Jefferson, State of Colorado. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 19. Paragraph headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 6 20. Binding agreement. This Agreement shall be binding upon and for the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. WHEAT RIDGE: ATIEST: By: _______ _ Michael Snow, City Clerk LAKEWOOD: ATIEST: By:. _____________ ___ Margy Greer, City Clerk CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation By: __________ _ Jerry DiTullio, Mayor Approved as to form: By:~~~~~~~------Gerald Dahl, City Attorney CITY OF LAKEWOOD, COLORADO, a Colorado municipal corporation By: __________ _ Kevin Paletta, Chief of Police Approved as to form: By:.~~~--~~--------Office of the City Attorney 7 Exhibit _1_ Call Out Policy Call Out Policy 1. Homicides and attempted homicides 2. Questionable (suspicious) and accidental deaths 3. Suicides 4. Felony Sex Assaults 5. First & Second degree assaults on police or fire personnel. 6. Assaults with potentially life threatening injuries to any person. 7. Fire investigations involving human death or potentially life threatening injuries; or at the request of fire investigators for technical assistance. 8. Felony child abuse. 9. First or Second degree kidnapping 10. Police involved shootings 11 . Other types of incidents when the sensitivity of the investigation or a forensic complexity precludes the normal processing option, at the discretion of the supervisor. 8 Addendum: Current wages of employees (111/10): Erin O'Neil Sheri Shimamoto Ken Pomeranz Victoria Parker Patrick Bohan (supv.) $25.10/hr $26.92 $30.64 $27.27 $43.77 $37.65/hr OT $40.38/hr OT $45.96/hr OT $40.90/hr OT $65.66/hr OT 9 • _ • City o f :rWheatRL.dge ITEM NO: I. B. DATE: January 11 , 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 04-2010 -A RESOLUTION APPROVING THE RENEWAL OF CONTRACT SE,R VICES WITH PRIDEMARK PARAMEDIC SERVICES, LLC o PUBLIC HEARING o BlDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2 ND READING DYES ~ NO flx(#?£~~ C~ief of Police ISSUE: The City of Wheat Ridge and Wheat Ridge Fire Protection District entered into an Intergovernmental Agreement (IGA) with Pridemark Paramedic Services, LLC to ensure the availability of adequate emergency ambulance service within the entire corporate boundaries of the City of Wheat Ridge, and the boundaries of the Wheat Ridge Fire Protection District. The agreement is for a period of one year beginning in January 2006, and is subject to successive annual reviews by the City, Fire Protection District and the Physician Advisor to ensure compliance with the performance measurements agreed to by all parties in the agreement. The The agreement requires the annual approval of City Council and the Fire Protection District Board. PRIOR ACTION: The City and Wheat Ridge Fire Protection District have approved renewal of contract services with Pridemark Paramedics, LLC and recommended amendments from the inception of the IGA on January 23, 2006, through and including January 12, 2009. FINANCIAL IMPACT: There are no financial expenditures required of the City. Council Action Fonn -Renewal of Contract Services With Pridemark Paramedic Services January 11,2010 Page 2 BACKGROUND: The review committee met on November 12,2009 and November \8,2009, to conduct an annual review of services provided by Pridemark Paramedic Services as outlined in the aforementioned lOA that was executed on January 23, 2006. The committee reviewed the terms of the agreement and performance standards contained therein to determine compliance. The review found Pridemark Paramedic Services to be in compliance with the lOA. The committee recommends the renewal of contract services and that the recommended amendment be approved by the City and the Fire Protection District Board. The Fire Protection District Board approved the renewal of contract services with Pridemark Paramedic Services and the recommended amendment on December 9, 2009. RECOMMENDATIONS: The review committee recommends approving the renewal of contract services with Pridemark Paramedic Services for the calendar year January, 20 I 0, through January, 201\, and the recommended amendment be approved by the City. RECOMMENDED MOTION: "\ move to approve Resolution 04-20 I 0, approving the renewal of contract services with Pridemark Paramedic Services, LLC for the calendar year January, 20 I 0, through January, 2011, and Amendment # 3, dated December 22, 2009." Or, " I move to table indefmitely Resolution 04-2010, approving the renewal of contract services with Pridemark Paramedic Services, LLC for the following reason(s) " REPORT PREPARED BY: Joseph Cassa, Division Commander, Patrol Operations Division ATTACHMENTS: I. Resolution 04-20 I 0 2. Staff Report 3. lOA Amendment #3, dated December 22, 2009 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 04 Series of 201 0 TITLE: A RESOLUTION APPROVING THE RENEWAL AND AMENDMENT OF AN INTERGOVERNMENTAL AGREEMENT FOR AMBULANCE SERVICES AMONG THE CITY, THE WHEAT RIDGE FIRE PROTECTION DISTRICT AND PRIDEMARK PARAMEDIC SERVICES, LLC. WHEREAS, the City of Wheat Ridge, the Wheat Ridge Fire Protection District and Pridemark Paramedic Services, LLC, entered into an Intergovernmental Agreement on January 23, 2006 (the "IGA") to ensure the availability of adequate emergency ambulance service within the entire corporate boundaries of the ,City of Wheat Ridge and the boundaries of the Wheat Ridge Fire Protection District; and WHEREAS, all parties to the IGA sent representatives to IGA review committee meetings; and WHEREAS, such committee has completed its review of the services rendered under the IGA and has recommended certain amendments to the IGA; and WHEREAS, the City Council desires to approve the renewal of the IGA for the calendar year January 2010 through January 2011, subject to those amendments and recommendations made by the review committee, as set forth in this Resolution. NOW, THEREFORE, BE'(T RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: The Intergovernmental Agreement for Ambulance Services dated January 23, 2006, between the City of Wheat Ridge, the Wheat Ridge Fire Protection District, and Pridemark Paramedic Services, LLC, is hereby approved and renewed for the calendar year January 2010 through January 2011, subject to those amendments entitled: Intergovernmental Agreement, Amendment to RFP-05-41, Ambulance Services Agreement" dated December 22, 2009, attached to this Resolution and incorporated herein by this reference. DONE AND RESOLVED THIS 11th day of January. 2010. Jerry DiTullio. Mayor ATTEST: Michael D. Snow, City Clerk ATTACHMENT 1 , , ~' _ City of r~WheatP--L-dge ~OllCE DEPARTMENT Memorandum TO: Mayor Jerry DiTullio and City Council THROUGH: Randy Young, City Manager Daniel Brennan, Chief of Police FROM: Joseph Cassa, Division Commander Patrol Operations Division DATE: December 31,2009 (for the meeting of January 11 , 20 I 0) SUBJECT: Staff Report -Pride mark Paramedic Services: 2009 Annual Review On January 23, 2006, the Intergovernmental Agreement (lOA) among the City of Wheat Ridge, the Wheat Ridge Fire Protection District, and Pridemark Paramedic Services, LLC, for the provision of ambulance service was signed. The lOA will expire on January l, 2012. The lOA includes the entire corporate limits of the City and the boundaries of the Fire District. The lOA establishes a review committee to act in an advisory capacity only as to the operational and administrative terms contained within the Agreement. The committee also meets on an annual basis to conduct a performance 'review of Pridemark Paramedic Services, LLC. The review committee held a series of meetings in November, 2009, to review the services provided by Pride mark Paramedic Services for the time period of Nov ember 1,2008, through and including October 3 1,2009. The first review committee meeting was held on November l2, 2009, in the conference room at Pride mark Paramedic Services located at 6385 West 52nd Avenue. Those in attendance were: ~ Mike Donner, President, CEO, Pridemark Paramedic Services ~ Joe Darmofal, Clinical Director, Pridemark Paramedic Services ~ Dave Mitchell, Manager of Operations, Pridemark Paramedic Services ~ Steven Oillespie, Fire Chief, Wheat Ridge Fire Department ~ Joe Cassa, Division Commander, Wheat Ridge Police Department ~ Jim Lorentz, Division Commander, Wheat Ridge Police Department ~ Mike Piper, Deputy Chief, Arvada Fire Protection District ~ Michelle Stodden, Administrative Technician, Wheat Ridge Police Department The second review committee meeting was held on November 18, 2009 in the Police Chiefs Conference Room located at the Wheat Ridge Police Department. Those in attendance were: ~ Joe Darmofal, Clinical Director, Pridemark Paramedic Services ~ Dave Mitchell, Manager of Operations, Pridemark Paramedic Services ~ Mike Donner, President, CEO, Pridemark Paramedic Services ATTACHMENT 2 Staff Report -Pridemark Paramedic Services: 2009 Annual Review January 11 ,2010 Page 2 ~ Steven Gillespie, Fire Chief, Wheat Ridge Fire Department ~ Joe Cassa, Division Commander, Wheat Ridge Police Department ~ Michelle Stodden, Administrative Assistant, Wheat Ridge Police Department The methodology used to conduct the review consisted of reviewing the thirteen terms and conditions of the agreement followed by discussion between those parties in attendance. The review committee found that Pridemark Paramedic Services, LLC has met all of the terms and conditions of the agreement for the year 2009. Based upon this performance evaluation, the review committee recommends the IGA be approved for the calendar year January 20 I 0 through January 20 II, and that the recommended amendment be approved by t,he City and the Fire Protection District Board. The Fire Protection District Board approved the renewal of contract services with Pridemark Paramedic Services and the recommended amendment on December 9, 2009. Staff Report -Pridemark Paramedic Services: 2009 Annual Review January 11,2010 Page 2 ~ Steven Gillespie, Fire Chief, Wheat Ridge Fire Department ~ Joe Cassa, Division Commander, Wheat Ridge Police Department ~ Michelle Stodden, Administrative Assistant, Wheat Ridge Police Department The methodology used to conduct the review consisted of reviewing the thirteen terms and conditions of the agreement followed by discussion between those parties in attendance. The review committee found that Pridemark Paramedic Services, LLC has met all of the terms and conditions of the agreement for the year 2009. Based upon this performance evaluation, the review committee recommends the lGA be approved for the calendar year January 20 I 0 through January 2011, and that the recommended amendment be approved by the City and the Fire Protection District Board. . , The Fire Protection District Board approved the renewal of contract services with Pridemark Paramedic Services and the recommended amendment on December 9, 2009. INTERGOVERNMENTAL AGREEMENT AMENDMENT TO RFP-05-41 AMBULANCE SERVICES AGREEMENT AMENDMENT #3, December 22, 2009: Pursuant to the original contract with PRIDEMARK PARAMEDICS, INC" 6385 W 52ND AVENUE, ARVADA, CO 80002, regarding the above project, the City hereby authorizes this amendment to the original contract as follows: 1. ARTICLE 3.4 -COMMUNICATIONS: a. Add the following sentence, "The Company agrees to maintain communications capabilities with City of Wheat Ridge PolicelFire Communications Center and the fire districts contracted provider." All other original terms and conditions remain the same. In Witness Whereof, the parties hereto have executed or caused to be executed by their duly authorized Officials, this Amendment in two (2) caples, each of which shall be deemed an original on the date first written. HeITY" CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033 By: Jerry DiTullio, City Mayor Date Attest: Michael Snow, City Clerk WHEAT RIDGE FIRE DISTRICT Date f purchasing/consulting services nmendment "CONTRACTOR" PRIDEMARK PARAMEDICS 6385 W 52"D AVENUE ARVADA, CO 80002 By: Authorized Signature Print Name Attest: Signature and Date IZ 9 -cft Date ATTACHMENT 3 · • City of , Wheat R.L..dge ITEM NO:LC, DATE: January 11, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 02-2010 -A RESOLUTION RECOGNIZING A CHANGE IN THE BYLAWS OF WR202,0 REGARDING EXOFFICIO BOARD MEMBERS AND TAKING RELATED ACTIONS D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2ND READING DYES ~ NO The WR2020 Board has recently amended the corporation's bylaws to eliminate the ex-officio nonvoting memberships on its board that were previously filled by City elected officials and staff. This resolution recognizes the change, which is WR2020's right, and repeals or rescinds prior City appointments to these positions. PRIOR ACTION: The Council has ratified or appointed elected officials and staff to the WR2020 board as exofficio nonvoting members. FINANCIAL IMPACT: None RECOMMENDATION: Staff recommends approval of the resolution. Council Action Form January 11 , 2010 Page 2 RECOMMENDED MOTION: "[ move to approve Resolution No. 02-2010, Series 2010, a resolution recognizing a change in the bylaws of WR2020 regarding ex-officio board members and taking related actions." Or, "[ move to table indefmitely Resolution No. 02-2010, Series 2010, a resolution recognizing a change in the bylaws of WR2020 for the following reason (s) ____________ " REPORT PREPARED BY: Gerald E. Dahl, City Attorney ATTACHMENTS: I. Resolution 02-2010 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. ~ Series of 2010 TITLE: A RESOLUTION RECOGNIZING A CHANGE IN THE BYLAWS OF WR2020 REGARDING EX-OFFICIO BOARD MEMBERS AND TAKING RELATED ACTIONS WHEREAS, Wheat Ridge 2020, Inc. ("WR2020" or the "Corporation"), is a nonprofit corporation organized and existing under the laws of the State of Colorado, primarily for the purpose of fostering community and economic development in and for the benefit of the City of Wheat Ridge (the "City"); and WHEREAS, pursuant to the WR2020 bylaws, the City has previously approved the service of the Mayor, City Manger, Council Members and City staff as nonvoting exofficio members of the WR2020 Board of Directors; and WHEREAS, the WR2020 Board of Directors has recently amended the bylaws of the Corporation to eliminate these ex-officio memberships; and WHEREAS, the City Council wishes to recognize this bylaws change. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. The City Council Council recognizes the change to the WR2020 Bylaws eliminating certain ex~officio nonvoting members of the WR2020 Board of Directors. 2. All current appointments of City officials to the WR2020 Board of Directors as nonvoting ex-officio members are hereby rescinded. 3. Resolution 40, Series 2007, is hereby repealed. 4. This resolution shall be effective upon adoption DONE AND RESOLVED this __ day of January, 2010. Jerry DiTullio, Mayor ATIEST: Michael Snow, City Clerk ATT ACHMENT 1 • City of p WheatRl...dge [TEM NO: ~J) I DATE: January I I, 20 I 0 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION 01-2010 -A RESOLUTION DESIGNATING THE OFFICIAL PUBLIC NOTICE q}CATION AND NEWSPAPER OF GENERAL CIRCULATION FOR THE CITY OF WHEAT RIDGE, COLORADO. o PUBLIC HEARING o BlDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: City Clerk ISSUE: o ORDINANCES FOR I ST READING o ORDINANCES FOR 2ND READING DYES ~ NO State Statute requires that each Municipality annually establish the location for posting public notices, as well as the newspaper in which the notices will be published. Upon review by the City Clerk of publishing rates and circulations of the major newspapers in the area, the City'S current designated newspaper is being reconsidered. PRIOR ACTION: None BACKGROUND: The Wheat Ridge Transcript is currently and has long been the designated newspaper of general circulation. Many years in the past, the Transcript was called the Wheat Ridge Sentinel and was delivered automatically to all Wheat Ridge homes, regardless of subscriptions. Today, only paying subscribers receive this paper. [n December, 2009 Mile High Newspapers reported a total Wheat Ridge Transcript circulation of2,775. [t is unknown whether this is the amount of actual Wheat Ridge home subscribers or the total of all subscriptions. The Denver Post is Colorado's and the Denver area's longest-standing major newspaper. [n recent years a section called YourHub has been included weekly in the Thursday edition of The V;IFormslCAFtemplate Council Action Form January 11 , 2010 Page 2 Post. YourHub caters to local issues and circulates only to Wheat Ridge and Arvada homes. Currently there are 4,263 Wheat Ridge home subscribers. FINANCIAL IMPACT: Mile High Newspapers (Wheat Ridge Transcript) charges a special rate of $0.42 per line for Legal Notice publications. Each line will fit approximately 35-40 characters. The Denver Post charges a special rate of $0.40 per line for publications in the Legals section of YourHub. Each line in this section will fit an average of 75 characters. Considering only the volume of text and cost per line, the Denver Pos,t ,YourHub offers an opportunity to reduce the City's expenses for Legal Publications by 49.2%. The total Expenses from the City Clerk's Budget for Legal Publications in the 2009 Budget Year was approximately $11 ,000. The same Publications in the Denver Post YourHub would have saved the City approximately $5,413 . Additionally, a Legals Publication in the Denver Post YourHub reaches 88% more Wheat Ridge homes than in the Transcript. This combined with the cost savings factor presents a 302% increase in the effective use of City money for communicating Legal Notices to the residents of Wheat Ridge. RECOMMENDATIONS: Based on the increased effectiveness of publications for Wheat Ridge residents and the opportunity for reducing City expenses, it is recommended the Denver Post be designated as the Newspaper of General Circulation and specifically its YourHub section. It is also recommended that Notices for Public Meetings continue to be posted on the first floor of the Wheat Ridge Municipal Building, 7500 W. 2901 Avenue, Wheat Ridge, Colorado. RECOMMENDED MOTION: "1 move to approve Resolution 01-2010, designating the YourHub section of the Denver Post as the Newspaper of general circulation and that notices for public meetings continue to be posted on the first floor of the Wheat Ridge Municipal Building. " Or, "1 move to amend Resolution 01-20 lOin the following manner ________ " REPORT PREPARED BY: Michael Snow, City Clerk ATTACHMENTS: 1. Resolution 0 1-20 10 TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 01 Series of 2010 A RESOLUTION DESIGNATING THE OFFICIAL PUBLIC NOTICE LOCATION AND THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR THE CITY OF WHEAT RIDGE, COLORADO WHEREAS, the Colorado Revised Statutes require municipalities to designate official public notice and publication locations for legal notices; and WHEREAS, such locations must be approved by the governing body of the municipality annually; and WHEREAS, the City is required by Charter, Ordinance and State Law to publish certain notices. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Public notice of public meetings of the City Council, Planning Commission, Board of Adjustment, and all other Board, Commission, Committee, and advisory board meetings for which public notice is required, shall be posted on the first floor at the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, which location shall be deemed the official posting location for the City. Section 2. Except as otherwise permitted by Sections 5.2 and 5.12 of the Charter, notices and other information required to be published in a newspaper of general circulation within the City, shall be made in the Denver Post YourHub; except that, where circumstance makes publication ineffective or otherwise undesirable, the City may publish official notice on the City's website. Section 3. This resolution shall be effective upon adoption. DONE AND RESOLVED this 11th day of January 2010. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATT ACHMENT 1 , . • CIty of ",WheatR,L.dge ITEM NO: lE DATE: January 11,20 I 0 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ADOPT THE 2010 REGULAR CITY COUNCIL MEETING CALENDAR D PUBLIC I-IEARING [gJ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING D ORDINANCES FOR 2ND READING QUASI-JUDICIAL: DYES [gJ NO §4~(W'\~~ City Clerk ~ \ \ -) ISSUE: I The calendar of City Council meetings is adopted by motion of the City Council yearly. Adopting the regular meeting calendar for the year is more efficient and enables the Mayor, Council and staff to schedule other events and travel in advance. The Council will be able to amend the schedule by motion throughout the year, if necessary. The proposed 2010 City Council Calendar includes Study Sessions on the first and third Monday of each month and regular Council Meetings on the second and fourth Monday of each month. It is recommended that certain City Council meetings that conflict with observed City holidays, furlough days or other known events during the year be cancelled. Included in the attached calendar, for your convenience, are the regularly scheduled Board & Commission meetings, all observed City holidays and furlough days. These events, however, are not adopted or changed by this Council motion. PRIOR ACTION: None Council Action Form January S, 201010 Page 2 BACKGROUND: The regular meetings of the Wheat Ridge City Council are based on the City Council Rules and the City Charter. It should be noted that four Study Sessions in January, February, July and September that fall on holidays when the City is closed are recommended for cancellation. In addition, the November 1 st Study Session is recommended for cancellation as it falls on the eve of the Gubernatorial Election of November 2nd when the Council chambers will be prepared for use as a polling place the following morning. Recommended Cancelled Meetings: Study Session, January 18th -Martin Luther King, Jr. Day Study Session, February IS"h -President's Day Study Session, July S"h -Independence Day Study Session, September 6"h -Labor Day Study Session, November lSI -Eve of Election Day FINANCIAL IMPACT: None RECOMMENDATIONS: To adopt the regular meeting calendar for the year RECOMMENDED MOTION: I " I move to adopt the 2010 City Council Regular Meeting Calendar." Or, , , "I move to deny the adoption of the 2010 City Council Regular Meeting Calendar for the following reasons REPORT PREPARED BYj Michael Snow, City Clerk A TT ACHMENTSj I. Proposed 2010 City Council Regular Meeting Calendar " January 2010 January 2010 February 20 10 S M T W T F S S M T W T F S 1 1 1 1 3 4 5 , 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 !4 IS 16 !4 IS 16 17 !8 !9 10 17 !8 !9 10 11 11 13 11 11 23 14 15 26 17 14 15 26 17 18 19 3. 18 3! Monday Tuesday Wednesday Thursday Friday Sat/Sun --:; I I January 1 2010 I I [New Year's Day (City Hall Closed) I I ~ --:; I I 4 51 61 7 81 ---5 6:30pm Council Study Session 6:00pm WR Urban Renewal I 7:00pm WR Planning Authority (Chambers) Commission I (Chambers) -~ Ie 111 12 131 14 15 IE 7:00pm City Council Meeting I 6:00pm WR Cultural I 9:00am Liquor Authority (6:30 Pre-Meeting) Commission (WRRC) (Chambers) I I I 1 I 18 19 201 21 221 2 Martin Luther King, Jr. Day (City 6:00pm WR Urban Renewal 9:00am WR Foundation I 6:30pm Council Study Session Authority (Chambers) (WRRC) -(CANCELLED) 7:00pm WR Parks & Rec Commission (WRRC) I __2 I 251 26 27 28 29 3 7:00pm City Council Meeting I 9:00am Liquor Authority (6:30 Pre-Meeting) (Chambers) I 7:00pm Board of Adjustment (Chambers) I __ 21 I ---I I Official Wheat Ridge City Coundl calendar 1 ATTACHMENT 1 February 2010 February 20 10 March 2010 S M T W T F S S M T W T F S 1 2 3 , S 6 1 2 3 , S 6 7 8 9 10 11 12 13 7 8 9 10 11 12 13 " 15 16 17 18 19 20 1< 15 16 17 18 19 20 21 22 23 2< 25 26 27 21 22 23 2< 25 26 27 28 28 29 30 31 Monda~ Tuesda~ Wednesda~ Thursday Friday Sat/Sun Februa!y 1 2 3, 41 S _ 6 6:30pm CounCil Study Session I 6:00pm WR Urban Renewal 7:00pm WR Planning , 1 Authority (Chambers) Commission (Chambers) ~ -"1 1 I 8 9 10 111 12, 13 7:00pm City CounCil Meeting 6:00pm WR Cultural I 9:00am Uquor Authority I Furlough Da~ (City Hall Oosed) : (6:30 Pre-Meeting) Commission..(WRRC) (Chambers) I I I ---.l1 15 16 17 18 19 __ 20 President's Day (City Hall Closed 6:00pm WR Urban Renewal 9:00am WR Foundation 6:30pm Coundl Study Session Authority (Chambers) (WRRC) (CANCELLED) 7:00pm WR Parks & Rec ~ Commission (WRRC) . 21 , 231 1 22, 24 25 26 27 7:00pm City Council Meeting 9:00am Uquor Authority (6:30 Pre-Meeting) (Chambers) 7:00pm Board of Adjustment (Chambers) 28 Official Wheat Ridge City Council calendar 2 March 2010 March 2010 Apnl2010 S M T IV T F S S M T IV T F S I 2 3 , 5 6 I 2 3 7 8 , 10 II 12 Il , 5 6 7 8 , 10 " IS 16 17 18 19 20 II 12 Il " IS 16 17 21 " 2l " 2S 26 27 18 19 2. 21 " 2l " " " JO 1I 2S 26 27 " " 3. Monday Tuesday Wednesday Thursday Frida~ Sat/Sun March 1 2 3 4 5 6 6:30pm Council Study Session 6:00pm WR Urban Renewal 7:00pm WR Planning I i Authority (Chambers) Commission (Chambers) ~ _~7 -----s 9 10 11 _12_~ --'1 7:00pm City Council Meeting 6:00pm WR Cultural 9:00am Uquor Authority (6:30 Pre-Meeting) Commission (WRRC) (Chambers) -I I-14 I I I I 15 16! 17 18 19 20 6:30pm CounCil Study Session 6:00pm WR Urban Renewal 9:00am WR Foundation i Authority (Chambers) (WRRC) 7:00pm WR Parks & Rec Commission (WRRC) ~ 21 I I I I 22 23 24 25 26 27 7:00pm City Council Meeting 9:00am Liquor Authority I -(6:30 Pre-Meeting) (Chambers) 7:00pm Soard of Adjustment (Chambers) -----~ I 29 30 31 I ! r ---Official Wheat Ridge City Council calendal 3 April 2010 AprIl 2010 May 2010 S M T W T F S S M T W T F S , I , 3 I S 6 7 • , 10 , 3 , S 6 7 • II 12 13 14 15 16 17 9 10 II 12 13 14 15 18 19 20 21 " 23 " 16 17 18 19 20 21 " 2S " 27 " " 30 23 " 2S " 27 3. 31 " " MOnday Tuesday Wednesday Thursday Friday Sat/Sun Aorill 2 7:00pm WR Planning Commission F-(Chambers) --: 1 I 91 5 61 7 8 _I_ I 6:30pm Counal Study Session 6:00pm WR Urban Renewal I 9:00am Uquor Authority Authority (Chambers) (Chambers) --11 12 13 141 I+-16 11 7:00pm City Council Meeting 6:00pm WR Cultural I (6:30 Pre-Meeting) Commission (WRRC) --iE ---19 20 21 fl -23 24 6:30pm Council Study Session 6:00pm WR Urban Renewal 9:00am WR Foundation 9:00am Liquor Authority Authority (Chambers) (WRRC) (Chambers) -7:00pm WR Parks & Rec 7:00pm Board of Adjustment Commission (WRRC) (Chambers) --25 ~ --I 26 27 28 29 30 7:00pm City Council Meeting (6:30 Pre-Meeting) 1 I ---I I I --Offidal Wheat Ridge City Council Calendar 4 May 2010 1>1ay 2010 JUilI! 2010 S M T W T F S S M T W T F S I ~~ , I , ] , 5 ] , s , 7 8 , 7 8 9 10 11 J2 9 10 11 J2 J3 " IS J3 " IS J6 J7 IS J9 J6 J7 IS J9 20 2J " 20 2J " 23 " 2S 23 " " 2S " 27 " 29 27 " 29 30 30 3J Monday Tuesday Wednesday Thursday Friday Sat/Sun ~1 I r------2 1 I ~~ 3. 4 S -~ 71 8 6:30pm Council Study Session I 6:00pm WR Urban Renewal 7:00pm WR Planning Authority (Chambers) Commission (Chambers) r r 9 -111 -10 12 13 14 15 7:00pm City CounCil Meeting I 6:00pm WR Cultural 9:00am Uquor Authority (6:30 Pre-Meeting) Commission (WRRC) (Chambers) , I 16 r 191 2~ 17 18 211 22 6:30pm Council Study Session 6:00pm WR Urban Renewal 9:00am WR Foundation Authority (Chambers) (WRRC) 7:00pm WR Parks & Rec ~ I Commission (WRRC) , 2J ~~~ ~ I I . 241 25 26 271 28 ~~ -~ 7:00pm City Council Meeting I 9:00am liquor Authority ~gh D~~Hall Closed) ! (6:30 Pre-Meeting) (Chambers) 7:00pm Board of Adjustment ~~ (Chambers) -3C , I I 1 31 1 1 Memorial Day (City Hall Closed) I 1 IOfficial Wheat Ridge City Council calendar 5 June 2010 June 2010 July 2010 S M T W T F S S M T W T F S 1 2 ] , 5 1 2 ] 6 7 8 9 10 II 12 , 5 6 7 8 9 10 13 " IS !6 17 18 19 II 12 !3 " IS !6 17 20 21 22 23 " " 26 18 19 20 21 22 23 27 28 29 ]0 " " 26 27 28 29 ]0 ]I Monday Tuesday Wednesday Thursday Friday Sat/Sun June 11 2 31 4 5 6:00pm WR Urban Renewal 7:00pm WR Planning Authority (Chambers) Commission (Chambers) , 6 I I 7 81 9 10, 11 12 6:30pm Council Study Session I I 6:00pm WR Cultural 9:00am Liquor Authority Commission (WRRC) (Chambers) , ,I -~ 14 151 16 17 18 19 7:00pm City Council Meeting 6: OOpm WR Urban Renewal 9:00am WR Foundation (6:30 Pre-Meeting) Authority (Chambers) (WRRC) 7:00pm WR Parks & Rec Commission (WRRC) ~ 21 22 23 24 25 26 6:30pm Council Study Session 9:00am Liquor Authority -(Chambers) -7:00pm Board of Adjustment (Chambers) c--27 f--I 28 29 30 7:00pm City Council Meeting (6:30 Pre-Meeting) , I I Official Wheat Ridge City Council Calenda/6 July 2010 July Z010 August 2010 S M T W T F S S M T W T F S 1 2 J 1 2 J 4 S 6 7 4 S 6 7 8 9 10 8 9 10 11 " 1l 14 11 " 1l 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 21 24 22 21 24 2S 26 27 28 2S 26 27 28 29 30 31 29 30 31 Monday Tuesday Wednesday Thursday Friday Sat/Sun I July 11 2 3 I , 7:00pm WR Planning I ! Commission (Chambers) 4 I 5 6 7 8 9 10 Independence Day (City Hall Clo 6:00pm WR Urban Renewal 9:00am Liquor Authority 6:30pm Council Study Session Authority (Chambers) (Chambers) I (CANCELLED) -11 12' 13 14 15 16 ~ 7:00pm City Council Meeting 6:00pm WR Cultural (6:30 Pre-Meeting) Commission (WRRC) , IE 19 201 21 22 2JL --.l4 6:30pm Council Study Session 6:00pm WR Urban Renewal I 9:00am WR Foundation 9:00am Liquor Authority Authority (Chambers) (WRRC) (Chambers) -~ 7:00pm WR Parks & Rec 7:00pm Board of Adjustment CommiSsion (WRRC) (Chambers) 25 I 26 271 28 29 =1 31 7:00pm City Council Meeting (6:30 Pre-Meeting) " I --Official Wheat Ridge City Council calendar 7 August 2010 Monday Tuesday Wednesday I ~ I 2 3 41 6:30pm Council Study Session 6:00pm WR Urban Renewal Authority (Chambers) 9 101 111 7:00pm City Council Meeting I 6:00pm WR Cultural (6:30 Pre-Meeting) Commission (WRRC) 16 17 18 6:30pm Council Study Session 6:00pm WR Urban Renewal 9:00am WR Foundation Authority (Chambers) (WRRC) 7:00pm WR Parks & Rec Commission (WRRC) 23 2 25 7:00pm City Council Meeting (6:30 Pre-Meeting) I 30 31 I Official Wheat Ridge City Council Calendar 8 Thursday s 1 8 IS "" 7:00pm WR Planning Commission (Chambers) 9:00am liquor Authority (Chambers) 9:00am Liquor Authority (Chambers) M, 9 16 23 30 August 2010 T W T 3 4 5 10 11 12 17 IS 19 24 25 26 3! 5 12' 19 26 7:00pm Board of Adjustment (Chambers) 6 13 "" s 7 14 71 " Friday s s "19 " I I September 2010 M T W T 1 , 6 7 8 9 1] 14 15 16 20 21 22 2] 27 28 29 30 F S 3--4 10 11 17 18 24 25 Sat/Sun t-______ ~A=ugust 1 61 8 13 15 20 21, 2 27 28 29 September 2010 September 2010 OCtOber 2010 S M T W T F S S M T W T F S 1 2 3 , 1 2 S 6 7 8 • 10 11 3 , S 6 7 8 • 12 13 14 15 16 17 18 I. 11 12 13 14 15 " " 2. 21 22 23 " 2S 17 18 " 2. 21 22 23 26 27 28 2. 3. " 2S 26 27 28 2. 3. Jl Monday Tuesday Wednesday Thursday Friday Sat/Sun September 11 2 3 4 1 7:00pm WR Planning lftJr:IQugh~y (City Hall Closed) Commission (Chambers) --5 I 91 ----f> 7' 8 10' 11 Labor Day (City Hall Closed) I 6:00pm WR Urban Renewal 6:00pm WR Cultural 9:00am Liquor Authority 6:30pm Council Study Session I Authority (Chambers) Commission (WRRC) (Chambers) 1 (CANCELLED) -t 12 I I -131 14 15 16 171 IE 7:00pm City Council Meeting 9:00am WR Foundation (6:30 Pre-Meeting) (WRRC) 7:00pm WR Parks & Rec Commission (WRRC) IS -I 20 21 22 23 24 ~ 6:30pm Council Study Session 6:00pm WR Urban Renewal 9:00am Liquor Authority Authority (Chambers) (Chambers) -7:00pm Board of Adjustment (Chambers) 2E f------I 27 28 29 30 I 7:00pm City Council Meeting (6:30 Pre-Meeting) f---I f--L , Official Wheat ~dge City Council Calendar 9 October 2010 Monday Tuesday S 6:30pm Council Study Session I 6:00pm WR Urban Renewal Authority (Chambers) t 12 7:00pm City CounCIl Meeting (6:30 Pre-Meebng) 18' 19 6:30pm CounCil Study Session 6: OOpm WR Urban Renewal 7:00pm City Council Meeting (6:30 Pre-Meeting) 2S Offidal Wheat Ridge City Council calendar Authority (Chambers) 26 Wednesday 6 13 6:00pm WR Cultural Commission (WRRC) 9:00am WR Foundation (WRRC) 7:00pm WR Parks & Rec Commission (WRRC) I 2ZL 10 OCtober 2010 SMTWTF, S, 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Thursday 7:00pm WR Planning Commission (Chambers) 7 141 9:00am Liquor Authority ~ (Chambers) 9:00am Liquor Authority (Chambers) 21 28, 7:00pm Soard of Adjustment (Chambers) Friday November 2010 -5 --M, --T, , 8 , 1-4 15 16 21 22 23 28 29 30 October 1 t-------W T 5 3 4 5 6 10 II 12 13 17 18 19 20 24 25 26 27 Sat/Sun ~---...lL-15 r J 29 1 p 23 24 30 __3 11 November 2010 November 2010 December 2010 S M T W T F 5 5 M T W T F 5 1 , ] , 5 6 1 , -, , 7 8 9 10 11 " 13 5 6 7 8 9 10 11 " IS 16 17 18 19 " " 13 " IS 16 17 18 " " " " " " " 19 " " 20 " " " " " ]Q " " " " ]Q 3i Monday Tuesday Wednesday Thursday Frida ~ Sat/Sun November 1 2 3 4 5 6 6:30pm Council Study Session Election Day (Polling Place in Chal 7:00pm WR Planning (CANCELLED) 6:00pm WR Urban Renewal I Commission Authority (Chambers) (Chambers) [ '" -__ 7 81 9 10 11 12[ 13 7:00pm City Council Meeting 6:00pm WR Cultural Veteran's Day Citv Hall Closed) (6:30 Pre-Meeting) Commission (WRRC) 9:00am liquor Authority (CANCELLED) -1 I >----14 ! I I --IS 16 171 18 191 20 6:30pm Council Study Session 6:00pm WR Urban Renewal 9:00am WR Foundation Authority (Chambers) (WRRC) ~ 7:00pm WR Parks & Rec Commission (WRRC) 21 22 23 241 251 J 27 7:00pm City Council Meeting tThanksoiYino Holiday (City Hall C(ThanksqiYing Holida~ (Cit)' Hall CI' (6:30 Pre-Meeting) 9:00am Liquor Authority I -(CANCELLED) 7 :OOpm Board of Adjustment Adjustment --28 (CANCELLED) 29 30 I --I f-------r I I ---Official Wheat Ridge City Council calendar 11 December 2010 December 2010 January 20 11 S " T W T F S S " T W T F S 1 -, 3 4 ---I S 6 7 8 9 10 11 , 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 2S 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 2S 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Sat/Sun December 11 2 3 4 I 7:00pm WR Planning Commission (Chambers) ~ 5 I 6 7 8 9 10 11 6:30pm Council Study Session 6:00pm WR Urban Renewal 6:00pm WR Cultural 9:00am Liquor Authority Authority (Chambers) Commission (WRRC) (Chambers) -12 13 14 15 16 17 --.l.§ 7:00pm City Council Meeting 9:00am WR Foundation (6:30 Pre-Meeting) (WRRC) 7:00pm WR Parks & Rec Commission (WRRC) 19 201 21 22 23 24 25 6:30pm Council Study Session I 6:00pm WR Urban Renewal I Furlough Day (City Hall Closed) /Christmas Holida~ (City Hall Clos Authority (Chambers) 9:00am Liquor Authority I -(CANCELLED) 7:00pm Board of Adjustment 26 (Chambers) --27 28 29 30 31 7:00pm City Council Meeting (6:30 Pre-Meeting) I I I I ---Official Wheat Ridge City Council calendar 12 , City of p WheatlZL-dge ITEM NO: J.-F, DATE: January 11 , 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: A MOTION FOR THE APPROVAL OF, THE 2010 ANNUAL ASSESSMENT FEE TO THE TABLE MOUNTAIN ANIMAL CENTER TO MAINTAIN ADEQUATE ANIMAL SHELTER SUPPORT TO THE WHEAT RIDGE POLICE DEPARTMENT AND THE CITIZENS OF THE CITY OF WHEAT RIDGE IN THE AMOUNT OF $26,602.51 o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS Quasi-judicial: ISSUE: DYES, o ORDINANCES FOR 1 ST READING o ORDINANCES FOR 2 ND READING ~ NO City~r-'2r Since 1998, the City of Wheat Ridge has participated in an intergovernmental agreement with the County of Jefferson, the City of Arvada, the City of Lakewood, the City of Golden, the City of Westminster, the Town of Morrison, the Town of Mountain View, and the City of Edgewater to provide necessary animal sheltering services to the community. These services are provided by the Table Mountain Animal Shelter. Each year, the Table Mountain Animal Shelter determines an assessment fee for the City of Wheat Ridge based based on the IGA formula calculation. PRIOR ACTION: Council has approved assessment fees for TMAC every year since 1998. Council Action Form -Approval of 2010 TMAC Fees January 11 , 2010 Page 2 BACKGROUND: Colorado Revised Statutes 30-15-10 I (2) authorizes counties and municipalities to enter into an intergovernmental agreement to provide for the control, licensing, impounding, or disposition of animals or to provide for the accomplishment of any other aspect of a county or municipal animal control service. Part 2 of Article I of Title 29, Colorado Revised Statutes permits and encourages governments to make the most efficient and effecti ve use of their powers and responsibilities by cooperating and contracting with other governments. It is in the best interest of the above referenced parties to participate in the organization, administration, and common use of a central animal shelter, and for each party involved to pay an annual assessment fee based on the approved 20 I 0 Table Mountain Animal Center Budget. This assessment fee is calculated by the IGA formula for each member of the agreement. . , FINANCIAL IMPACT: The 2010 Table Mountain Animal Center assessment fee for the City of Wheat Ridge is a 5.38% increase over the assessment fee from 2009. The total amount of this fee has been budgeted by the Police Department and approved by City Council for the 2010 budget in account 01-203-700-721. RECOMMENDATIONS: Staff recommends Council approval the payment of2010 TMAC assessment fee. RECOMMENDED MOTION: "I move to approve the 20 10 annual assessment fee to the Table Mountain Animal Center to maintain adequate animal shelter suPPqrt to the Wheat Ridge Police Department and the citizens of the City of Wheat Ridge in the amount of $26,602.5 I." Or, "I move to deny the approval of the annual assessment fee to the Table Mountain Animal Center to maintain adequate animal shelter support to the Wheat Ridge Police Department and the citizens of the City of Wheat Ridge in the amount of $26,602.51 for the following reasons: ______ " REPORT PREPARED BY: Jim Lorentz, Division Commander Daniel Brennan, Chief of Police ATTACHMENTS: I. Letter from Jill McFadden, Interim Executive Director of Table Mountain Animal Center Community. Adopt. Reunite. Educate 4105 Youngfield Service Road . Golden, CO 80401 • 303-278-7575 • www,tablemountainanimals.org December 22. 2009 Patrick Goff Deputy City Manager City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge. Colorado 80033 Dear Patrick: As Table Mountain Animal Center continues to provide the necessary animal sheltering services to the Jefferson County Community. Wheat Ridge's contribution to the Center's operating budget is crucial to maintaining adequate animal shelter support to the Wheat Ridge Police Department and the citizens of the City of Wheat Ridge. Based on the approved 2010 Table Mountain Animal Center Budget. the IGA formula calculation for the 2010 Assessment for Wheat Ridge is $26.602.51. Please forward this request to your budget office for payment processing and remit the check to: Table Mountain Animal Center 4105 Youngfield Service Road Golden. CO 80401 Attn: Jill McFadden Please do not hesitate to contact me if you have questions or wish additional documentation in support of this request. On behalf of the animals and people served by Table Mountain Animal Center. I look forward to our continued partnership. Sincerely. Jill McFadden. M.S.Ed. Interim Executive Director ATTACHMENT 1 , , , .' _ • City of • , WheatR;L.dge ITEM NO: _1_, 6 I DATE: January 11,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION APPROVING PAYMENT TO THE COLORADO MUNICIPAL LEAGUE (CML) FOR THE qTY OF WHEAT RIDGE MEMBERSHIP DUES FOR 2010 D PUBLIC HEARING IZI BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING DYES IZI NO Membership dues payable to the Colorado Municipal League for the City of Wheat Ridge total $21,853 .00 for 2010. All municipal members experienced a 3% reduction in dues across the board for 20 \ O. In addition, the CML Executive Board approved a motion recommended by the Budget, Audit & Management Committee to provide an additional 4% rebate on municipal dues if paid on or before January 31, 20 I 0, to ti.lrther assist municipalities during these challenging economic times. CML Membership dues are a budgeted item in Legislative Membership Account number 0 \-\ 02-700-716. PRIOR ACTION: FINANCIAL IMPACT: BACKGROUND: RECOMMENDATIONS: V:IForms lCAFlemplate Council Action Form January 11 ,2010 Page 2 RECOMMENDED MOTION: "1 move to approve the payment 0[$21,853 to Colorado Municipal League for City's 2010 Membership Dues." Or, "1 move to deny payment of the 2010 dues to the Colorado Municipal League for the following reason(s) " REPORT PREPARED BY: Janice Smothers, Admin. Assistant to the Mayor and City Council Reviewed by: Christa Jones, Deputy City Clerk A TT ACHMENTS: 1. Statement CML COLORADO MUNICIPAL LEAGUE Th'f VOJc{t 01 CoIONJdO ', C!1It.f . "d Towns 1144 Sherman Street City of Wheat Ridge 3560 Mem Parent Municipal Denver, CO 80203~ 220 7 (303) 831-6411 Fax: (303) 860-8175 Michael Snow City of Wheat Ridge 7500 W. 29th Ave Wheat Ridge, CO 80033-8001 Product Membership Dues 01/01/2010 -12/31/2010 Bill Date: 11/02/2009 , , Balance 21,853.00 Total 21,853.00 REMINDER: Dues post-marked by January 31, 2010 will qualify for a 4% rebate on total dues amount. Checks will be mailed on February 28, 2010. 3560 Mem Parent Municipal Michael Snow City of Wheat Ridge 7500 W. 29th Ave Wheat Ridge , CO 80033-8001 REMITTANCE STUB (Please Return) Product Membership Dues REMINDER: Dues post-marked by January 31,2010 will qualify for a 4% rebate on total dues amount. Checks will be mailed on February 28, 2010. ATTACHMENT 1 Balance 21,853.00 Total 21,853.00 • • .' _ • City of pWheat~dge ITEM NO: 2, DATE: January 11 ,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 03-2010 -A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO , PEPARTMENT OF TRANSPORTATION (CDOT) FOR THE CONSTRUCTION OF TRAFFIC MEDIAN IMPROVEMENTS ON WADSWORTH BOULEVARD (SH 121) FROM 44T11 A VENUE TO 45TH A VENUE, PROJECT NO. 17529, AND APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $70,000 o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: o ORDINANCES FOR I ST READING o ORDINANCES FOR 2 ND READING YES ~ NO J The City was successful in an application for a Federal Hazard Elimination Program Grant administer by the Colorado Department of Transportation which will fund a safety improvements project on Wadsworth Boulevard from 44th Avenue to 45th Avenue. The project includes the construction of a center median extension from 44th Avenue. The total grant amount is $86,475, with the City receiving $78,000 for the project design, construction and construction oversight. Entering an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (COOT) is necessary to authorize funding for the project. PRIOR ACTION: N/A Council Action Form January 11 , 2010 Page 2 FINANCIAL IMPACT: City Staff will design the project and administer the construction with reimbursement of all costs, not to exceed $78,000. While the safety grant is expected to fund the project, any unlikely shortfall will be provided by the City. A budget appropriation of $70,000 is required from the Capital Investment Program Fund to finance the construction of the improvement. The project cost will be reimbursed upon completion of the work. The City will be reimbursed the costs incurred in design of the project, not to exceed $8,000. BACKGROUND: The City conducted a safety study and found that Wadsworth Boulevard between 44'h Avenue and 45'h Avenue is experiencing a high rate of accident,<;, which requires a remedial measure. The Study indicated that a prevalent movement in and out of two commercial driveways conflicts with traffic on Wadsworth Boulevard, especially during peak traffic hours. It was determined that a median is needed to restrict the movement movement in question so that the accident frequency and pattern can be eliminated. The proposed safety project consists of installing a curbed median island on Wadsworth Boulevard from the north end of the existing median north for 330 feet to 45'h Avenue. Tn January 2009 the City applied for a Federal Hazard Elimination Program Grant to fund the construction of a median on Wadsworth between 44'" Avenue and 45'" Avenue. COOT, the grant administrator, approved the grant application in March 2009. To insure grant funding, COOT requires that the City enter into an Intergovernmental Agreement (lGA), even though Federal authorization is not currently in place. I The grant budget, in the amount of $86,475, will finance project design, oversight and construction. The Colorado Department of Transportation will perform the contract oversight concerning Federal and State regulations and the City will design and administer the construction of the project. Seventy eight thousand dollars of the project budget is allocated to the City for the costs of design and construction. RECOMMENDATIONS: Staff recommends approving the contract with COOT to proceed with the design and construction of the improvements. Staff also recommends that a $70,000 supplemental budget appropriation be made at this time to fund the project in 2010. RECOMMENDED MOTION: "[ move to approve Resolution No. 03-2010, a Resolution Approving a Contract with the Colorado Department of Transportation for Project No. 17529, Wadsworth Boulevard Median Safety Improvements at Wadsworth Boulevard from 44th to 45th Avenue, along with a supplemental budget appropriation of $70,000 for advancement of the construction costs." Or Council Action Form January 11,2010 Page 3 "I move to table indefinitely Resolution No.03-20 I 0, a Resolution Approving a Contract with the Colorado Department of Transportation for Project No. 17529, for the following reason(s) " REPORT PREPARED BY; Steve Nguyen, Engineering Manager Tim Paranto, Director of Public Works ATTACHMENTS: I. Resolution No. 03-20 I 0 2. COOT Contract Agreement No. 17529 3. Map of Wadsworth between 44th and 45th Avenue , , CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. ~ Series of 2010 TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF TRAFFIC MEDIAN IMPROVEMENTS ON WADSWORTH BOULEVARD (SH 121) FROM 44th TO 45th AVENUE, PROJECT NO. 17529, AND APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $70,000 , , WHEREAS, the City Council wishes to provide for the construction of median improvements on Wadsworth Boulevard from 44th Avenue to 45th Avenue; and WHEREAS, the City has negotiated a contract with the Colorado Department of Transportation for the funding of the Project; and WHEREAS, the said amount be transferred from CIP fund balance to the Wadsworth Median project account to finance the project cost and will seek for reimbursement from COOT upon project completion; NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Contract Approved. The contract between the City and the Colorado Department of Transportation for Project 17529: median safety improvements at Wadsworth Boulevard from 44th to 45th Avenue, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. Budget Amended. The City of Wheat Ridge fiscal year 2010 CIP Budget be amended to transfer an amount of $70,000.00 from CIP Fund Balance to line item 30-303-800-840 for the Wadsworth Median Project. Section 2.Effective Date ____ _ This Resolution shall be effective immediately upon adoption. ATTACHMENT 1 DONE AND RESOLVED this __ day of _____ , 2010. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk RESO 001 2 (FMLAWRK) PROJECT SHE 1211-071 . (17529) REGION S/(JH/DW) Rev 7/1/09 Routing # 10 HAS 09037 PO # 271 OOh. STATE OF COLORADO Department of Transportation Agreement with CITY OF WHEAT RIDGE TABLE OF CONTENTS 1. PARTIES ................................. .................................................................................................. 2 2. EFFECTIVE DATE AND NOTICE OF NONLIABILlTY .................. ............................................ ...... 2 3. RECiTALS .................................................................................. ............ : . .' .......................... ............ 2 4 . DEFINITIONS ........................... .. ............................... ........................... .. ... ....................... ............. 2 5. TERM and EARLY TERMINATION . ............................................................................................ .. 3 6. SCOPE OF WORK .................................... ................................................. .................................... 3 7. OPTION LEITER MODIFICATION ................................................................................ ................. 7 8. PAyMENTS .......................................................................................... .............. ... ............... . ....... 8 9. ACCOUNTING ......................................... .......... ........................................................................... 10 10. REPORTING -NOTIFICATION ....................................... ................................................. .......... 10 11 . LOCAL AGENCY RECORDS .... .. .................................................................... .......................... 11 12. CONFIDENTIAL INFORMATION-STATE RECORDS ..................... ..................... ............. ....... 12 13. CONFLICT OF INTEREST ........................................................... ..... ....... ........... ..................... 12 14. REPRESENTATIONS AND WARRANTIES ..................................... ..................................... 12 15. INSURANCE ....... ... .......... .... ......... ......... . ................... ................................................... 13 16. DEFAULT-BREACH ............................................................... ...... ..... ..................................... 14 17. REMEDIES .................................................................... ................................................... ........... 15 18. NOTICES and REPRESENTATIVES .. /................................................................................... 17 19. RIGHTS IN DATA. DOCUMENTS. AND COMPUTER SOFTWARE ..... .. ..................................... 17 20. GOVERNMENTAL IMMUNITy ........ ........................................................................................... 17 21 . STATEWIDE CONTRACT MANAGEMENT SYSTEM ................................... ................ ........... ... 17 22. FEDERAL REQUIREMENTS ............................. ........................... . ...... .................................... 18 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ............ .. ............... .................... ................ 18 24. DISPUTES ........... ................................... .... .......... .... ........................ ............................ ......... ..... 18 25. GENERAL PROVISIONS ............... .............................. ................................ ........... ..... .. ............. 19 26. COLORADO SPECIAL PROVISIONS ............. ............. ...... ..................................... .... ............ 21 27. SIGNATURE PAGE ............................................................... ........... ................................ .. ... ..... 23 28. EXHIBIT A -SCOPE OF WORK ....................... ........ .......................... ........... ............ ... .... ...... 1 29. EXHIBIT B -LOCAL AGENCY RESOLUTION ........ ... ......... .......................................................... 1 30. EXHIBIT C -FUNDING PROViSiONS ................. ........ ...................................... ........................ .. 1 31 . EXHIBIT D -OPTION LEITER ......... ... .. .............. .............................. ... ... ............ ......................... 1 32. EXHIBIT E -LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST ...... .. .... .... ............. 1 33. EXHIBIT F -CERTIFICATION FOR FEDERAL-AID CONTRACTS ............................ ................... 1 34. EXHIBIT G -DISADVANTAGED BUSINESS ENTERPRISE ................................................ .... 1 35. EXHIBIT H -LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES ...... ............. .... 1 36. EXHIBIT I -FEDERAL-AID CONTRACT PROViSiONS ...................................................... .......... 1 37. EXHIBIT J -FEDERAL REQUIREMENTS ......................................... ................... _. .... .... _.. . ....... 1 ATTACHMENT 2 1. PARTIES THIS AGREEMENT is entered into by and between the City of Wheat Ridge Vendor # 2000099 (hereinafter called the "Local Agency"), and the STATE OF COLORADO acting by and through the Department of Transportation (hereinafter called the "State" or "CDOr). 2. EFFECTtVE DATE AND NOTICE OF NON LIABILITY. This Agreement shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or their designee (hereinafter called the "Effective Date"). The State shall not be liable to payor reimburse the Local Agency for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. RECITALS A. Authority, Appropriation, And Approval Authority exists in the law and funds have been budgeted , appropriated and otherwise made available and a sufficient unencumbered balance thereof remains avallable for payment and the required approval, clearance and coordination have been accomplished from and with appropriate agencies. i. Federal Authority Pursuant to Title I, Subtitle A, Section 1108 of the "Transportation Equity Act for the 21 st Century" of 1998 (TEA-21) and/or the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users' (SAFETEA-LU) of 2005 and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23 of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as the "Federal Provisions"), certain federal funds have been and are expected to continue to be allocated for transportation projects requested by the Local Agency and eligible under the Surface Transportation Improvement Program that has been proposed by the State and approved by the Federal Highway Administration ("FHWA"). ii. 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 the administration 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 43-2-14. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Agreement. C. Purpose The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to COOT's Stewardship Agreement with the FHWA for the construction of a new median on SH 121 (Wadsworth) between 44"' Avenue and 45'h Avenue. D. References All references in this Agreement to sections (whether spelled out or using the § symbol) , subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as as used herein shall be construed and interpreted as follows: A. Agreement or Contract "Agreement" or "Contract" means this Agreement, its terms and conditions, attached exhibits, documents incorporaled by reference under the terms of this Agreement, and any future modifying agreements, exhibits, attachments or references that are incorporated pursuant to Colroado State Fiscal Rules and Policies. Page 2 of 23 B. Agreement Funds "Agreement Funds" means funds payable by the State to Local Agency pursuant to this Agreement. C. Budget "Budget" means the budget for the Work described in Project Funding provisions in Exhibit C. D. Consultant and Contractor "Consultant" means a professional engineer or designer hired by Local Agency to design the Work and "Contractor" means the general construction contractor hired by Local Agency to construct the Work. E. Evaluation "Evaluation" means the process of examining the Local Agency's Work and rating it based on criteria established in §6 and Exhibits A and E. F. Exhibits and Other Attachments The following exhibit(s) are attached hereto and incorporated by reference herein: Exhibit A (Scope of Work), Exhibit B (Resolution) , Exhibit C (Funding Provisibhs), Exhibit D (Option Letter), Exhibit E (Checklist), Exhibit F (Certification for Federal-Aid Funds), Exhibit G (Disadvantaged Business Enterprise), Exhibit H (Local Agency Procedures), Exhibit I (FederalAid Contract Provisions) and Exhibit J (Federal Requirements). G. Goods "Goods" means tangible material acquired, produced, or delivered by the Local Agency either separately or in conjunction with the Services the Local Agency renders hereunder. H. Oversight "Oversight" means the term as it is defined in the Stewardship Agreement between COOT and the Federal Highway Administration ("FHWA") and as it is defined in the Local Agency Manual. I. Party or Parties "Party" means the State or the Local Agency and "Parties" means both the State and the Local Agency J. Work Budget Work Budget means the budget desyribed in Project Funding Provisions in Exhibit C. K. Services "Services" means the required services to be performed by the Local Agency pursuant to this Contract. L. Work "Work" means the tasks and activities the Local Agency is required to perform to fulfill its obligations under this Contract and Exhibits A and E, including the performance of the Services and delivery of the Goods. M. Work Product "Work Product" means the tangible or intangible results of the Local Agency's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM and EARLY TERMINATION. The Parties' respective performances under this Agreement shall commence on the Effective Date. This Agreement shall terminate five (5) years from the effective date (Controller's signature) unless sooner terminated or completed as demonstrated by final payment and final audit. 6. SCOPE OF WORK A. Completion The Local Agency shall complete the Work and other obligations as described herein in Exhibit A and Exhibit E. Work performed prior to the Effective Date or after final acceptance shall not be considered part of the Work. Page 3 of 23 B. Goods and Services The Local Agency shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Contract Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed hereunder by the Local Agency, or any Consultants or Contractor shall be considered the Local Agencys', Consultants' or Contractors' employee(s) for all purposes and shall not be employees of the State for any purpose. D. State and Local Agency Committments i. Design If the Work includes preliminary design or final design or design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the Local Agency shall comply with and be responsible for satisfying the following requirements: a) Perform or provide the Plans to the extent required by the nature of the Work. b) Prepare final design in accordance with the requirements of ·tMe 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 produced by a Colorado Registered Professional Engineer. f) Provide final assembly of Plans and all other necessary documents. g) Be responsible for the Plans' accuracy and completness. 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 shall be incorporated herein. ii. Local Agency Work a) Local Agency shall comply Vojith the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Projects". b) Local Agency shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to 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 of construction administration. Provided, however, if federal-aid funds are involved in the cost of such Work to be done by such Consultant, such Consultant contract (and the performance/provision of the Plans under the contract) must comply with all applicable requirements of 23 C.F.R. Part 172 and with any procedures implementing those requirements as provided by the State, including those in Exhibit H. If the Local Agency enters into a contract with a Consultant for the Work: (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, the 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. Page 4 of 23 (4) Local Agency (and any Consulta nt) shall comply with 23 C.F.R. 172.5(b) and (d) and use the COOT procedures described in Exhibit H to administer the Consultant contract. (5) Local Agency may expedite any COOT approval of its procurement process and/or consultant contract by submitting a letter to COOT from the Local Agency's attorney/authorized representative certifying compliance with Exhibit Hand 23 C.F.R. 172.5(b)and (d). (6) Local Agency shall ensure that the Consultant agreement complies with the requirements of 49 CFR 18.36(i) and contains the following language verbatim: (a) The design work under this Agreement shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third-party beneficiary of th is 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 the Local Agency to make such changes therein as the State determines necessary to comply with State and FHWA requirements. iii. Construction a) If the Work includes construction, the Local Agency shall perform the constru ction in accordance with the approved design plans and/or administer the construction in accordance with the Exhibit E. Such administration shall include Work inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing Construction Contractor claims; construction supervision; and meeting the Quality Control requirements of the FHWNCOOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist. b) If the Local Agency is performing the Work, the State may, after providing written notice of the reason for the suspension to the Local Agency, suspend the Work, wholly or in part, due to the failure of the 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. c) The Local Agency shall be responsible for the following: (1) Appointing a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall administer the Work in accordance with this Agreement, the requirements of the construction contract and applicable State procedures. (2) For the construction of the Work, advertising the call for bids upon approval by the State and awarding the construction contract(s) to the low responsible bidder(s). (a) All advertising and bid awards, pursuant to this agreement, by the Local Agency shall comply with applicable requ irements of 23 U.S.C. §112 and 23 Page 5 of 23 C.F.R. Parts 633 and 635 and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the Local Agency and its Contractor shall incorporate Form 1273 (Exhibit I) in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 C.F.R. 633.102(e). (b) The Local Agency may accept or reject the proposal of the apparent low bidder for Work on which competitive bids have been received. The Local Agency must accept or reject such bid within three (3) working days after they are publicly opened. (c) As part of accepting bid awards, the Local Agency shall provide additional funds, subject to their availability and appropriation, necessary to complete the Work if no additional federal-aid funds are available. (3) The requirements of this §6(D)(iii)(c)(2) also apply to any advertising and awards made by the State. (4) If all or part of the Work is to be accomplished by the ,Local Agency's personnel (i.e. by force account) rather than by a competitive bidding process, the Local Agency shall perform such work in accordance with pertinent State specifications and requirements of 23 C.F.R. 635, Subpart B, Force Account Construction. (a) Such Work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHWA in advance of the Work, as provided for in 23 C.R.F. 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. (b) An altemative to the preceeding subsection is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 C.F.R. Part 31 . (c) If the State provides matching funds under this Agreement, rental rates for publicly owned equipment shall be determined in accordance with the State's Standard Specifications for Road and Bridge Construction §1 09.04. (d) All Work being p'aid under force account shall have prior approval of the State and/or FHWA and shall not be initiated until the State has issued a written notice to proceed. iv. State's Commitments a) The State will perform a final project inspection of the Work as a quality control/assurance activity. When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212. b) Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable or responsible in any manner for the structural design, details or construction of any major structures designed by, or that are the responsibility of, the Local Agency as identified in the Local Agency Contract Administration Checklist, Exhibit E, v. ROWand Acquistion/Relocation a) If the Local Agency purchases a right of way for a State highway, including areas of influence, the Local Agency shall immediately convey title to such right of way to CDOT after the Local Agency obtains title. b) Any acquisitionirelocation activities shall comply with all applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 C.F.R. Part 24), CDOT's Right of Way Manual, and CDOT's Policy and Procedural Directives. c) The Parties' respective compliance responsibilities depend on the level of federal participation; provided however, that the State always retains Oversight responsibilities. Page 6 of 23 d) The Parties' respective responsibilities under each level in COOT's Right of Way Manual (located at hltp:llwww.dot.slale.CO.lIs/ROW Manlla l/) and reimbursement for the levels will be under 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) . vi. Utilities If necessary, the Local Agency shall be responsible for obtaining the proper clearance or approval from any utility company which may become involved in the Work. Prior to the Work being advertised for bids, the Local Agency shall certify in writing to the State that all such clearances have been obtained. vii. Railroads If the Work involves modification of a railroad company's facilities and such modification will be accomplished by railroad company, the Local Agency shall make timely application to the Public Utilities commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The 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 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 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 in the event of accidental destruction or damage to the installation. viii. Environmental Obligations The Local Agency shall perform all Work in in accordance with the requirements of the current federal and state environmental r~ulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. ix. Maintenance Obligations The Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA, and the Local Agency shall provide for such maintenance and operations obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations pertaining to maintaining such improvements. The State and FHWA may make periodiC inspections to verify that such improvements are being adequately maintained. 7. OPTION LETTER MODIFICATION Option Letters may be used to extend Agreement term , change the level of service within the current term due to unexpected overmatch, add a phase without increasing contract dollars, or increase or decrease the amount of funding. These options are limited to the specific scenarios listed below. The Option Letter shall not be deemed valid until signed by the State Controller or an authorized delegate. Following are the applications for the individual options under the Option Letter form: A. Option 1-Level of service change within current term due to unexpected overmatch in an overbid situation only. In the event the State has contracted all project funding and the Local Agency's construction bid is higher than expected, this option allows for additional Local Overmatch dollars to be provided by the Local Agency to be added to the contract. This option is only applicable for Local Overmatch on an overbid situation and shall not be intended for any other Local Overmatch Page 7 of 23 funding. The State may unilaterally increase the total dollars of this contract as stipulated by the executed Option Letter (Exhibit 0), which will bring the maximum amount payable under this contract tothe amount indicated in Exhibit C-1 attached to the executed Option Letter (future changes to Exhibit C shall be labeled as C-2, C-3, etc, as applicable). Performance of the services shall continue under the same terms as established in the contract. The State will use the Financial Statement submitted by the Local Agency for "Concurrence to Advertise" as evidence of the Local Agency's intent to award and it will also provide the additional amount required to exercise this option. If the State exercises this option, the contract will be considered to include this option provision. B. Option 2 -Option to add overlapping phase without increasing contract dollars. The State may require the contractor to begin a phase that may include Design, Construction , Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original contract with the contract dollars remaining the same. The State may exercise th is option by providing a fully executed option to the cootractor within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit O. If the State exercises this option, the contract will be considered to include this option provision. C. Option 3 -To update funding (increases and/or decreases) with a new Exhibit C. This option can be used to increase and/or decrease the overall contract dollars (state, federal, local match, local agency overmatch) to date, by replacing the original funding exhibit (Exhibit C) in the Original Contract with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc). The State may have a need to update changes to state, federal , local match and local agency overmatch funds as outlined in Exhibit C-1 , which will be attached to the option form. The State may exercise this option by providing a fully executed option to the contractor within thirty (30) days after the State has received notice of funding changes, in a form substantially equivalent to Exhibit O. If the State exercises this option, the contract will be considered to include this option provision. 8, PAYMENTS The State shall, in accordance with the provisions of this §8, pay the Local Agency in the amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable is set forth in Exhibit C as determined by the State from available funds. Payments to the Local Agency are limited to the unpaid encumbered balance of the Contract set forth in Exhibit C. The Local Agency shall provide its match share of the costs as evidenced by an appropriate ordinance/resolution or other authority letter which expressly authorizes the Local Agency the authority to enter into this Agreement and to expend its match share of the Work. A copy of such ordinance/resolution or authority letter is attached hereto as Exhibit B. B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Contract or in Exhibit C shall comply with State Fiscal Rules and be made in accordance with the provisions of this Contract or such Exhibit. The Local Agency shall initiate any payment requests by submitting invoices to the State in the form and manner set forth in approved by the State. ii. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by the Local Agency previously accepted by the State. Uncontested amounts not paid by the State within 45 days shall bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided , however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. The Local Agency shall invoice the State separately for accrued interest Page 8 0123 on delinquent amounts. The billing shall refe rence the delinquent payment, the number of days interest to be paid and the interest rate. iii. Available Funds-Contingency-Termination The State is prohibited by law from making commitments beyond the term of the State's current fiscal year. Therefore, the Local Agency's compensation beyond the State's current Fiscal Year is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions. The State's performance hereunder is also contingent upon the continuing availability of federal funds. Payments pursuant to this Contract shall be made only from available funds encumbered for this Contract and the State's liabil ity for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Contract, the State may terminate this Contract immediately, in whole or in part, without further liability in accordance with the provisions hereof. iv, Erroneous Payments At the State's sole discretion, payments made to the Local Agency, in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by the Local Agency, may be recovered from the Local Agency by deduction from subsequent payments under this Contract or other contracts, Agreements or agreements between the State and the Local Agency or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any party other than the State. C. Use of Funds Contract Funds shall be used only for eligible costs identified herein. D. Matching Funds The Local Agency shall provide matching funds as provided in §8.A. and Exhibit C. The Local Agency shall have raised the full amount of matching funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. The 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 the Local Agency,and paid into the Local Agency's treasury. The Local Agency represents to the State that the amount designated "Local Agency Matching Funds" in Exhibit C has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid into its treasury. The Local Agency does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of the Local Agency. The Local Agency shall not payor be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by the Local Agency's laws or policies. E. Reimbursement of Local Agency Costs The State shall reimburse the Local Agency's allowable costs, not exceeding the maximum total amount described in Exhibit C and §8. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the State's obligation to reimburse all costs incurred by the Local Agency and submitted to the State for reimubursement hereunder, and the Local Agency shall comply with all such principles. The State shall reimburse the Local Agency for the federal-aid share of properly documented costs related to the Work after review and approval thereof, subject to the provisions of this Agreement and Exhibit C. However, any costs incurred by the Local Agency prior to the date of FHWA authorization for the Work and prior to the Effective Date shall not be reimbursed absent specific FHWA and State Controller approval thereof. Costs shall be: i. Reasonable and Necessary Resonable and necessary to accomplish the Work and for the Goods and Services provided . ii. Net Cost Actual net cost to the Local Agency (i.e. the price paid minus any items of value received by the Local Agency that reduce the cost actually incurred); Page 9 0123 9. ACCOUNTING The Local Agency shall establish and maintain accounting systems in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme). Such accounting systems shall, at a minimum, provide as follows: A. Local Agency Performing the Work If Local Agency is performing the Work, all allowable costs, including any approved services contributed by the Local Agency or others, shall be documented using payrolls , time records, invoices, contracts, vouchers, and other applicable records. B. Local Agency-Checks or Draws Checks issued or draws made by the Local Agency shall be made or drawn against properly signed vouchers detailing the purpose thereof. All checks, payrolls, invoices, contracts, vouchers, orders, and other accounting documents shall be on file in the office of the Local Agency ,clearly identified, read ily accessible, and to the extent feasible, kept separate and apart from all other Work documents. C. State-Administrative Services The State may perform any necessary administrative support services required hereunder. The Local Agency shall reimburse the State for the costs of any such services from the Budget as provided for in Exhibit C. If FHWA funding is not available or is withdrawn, or if the Local Agency terminates this Agreement prior to the Work being approved or completed, then all actual incurred costs of such services and assistance provided by the State shall be the Local Agency's sole expense. D. Local Agency-Invoices The Local Agency's invoices shall describe in detail the reimbursable costs incurred by the Local Agency, for which it seeks reimbursement; the dates such costs were incurred; and the amounts thereof, and shall not be submitted more often than monthly. E. Invoicing Within 60 Days The State shall not be liable to reimburse the Local Agency for any costs unless COOT receives such invoices within 60 days after the date for which payment is requested, including final invoicing. Final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit. Any costs incurred by the Local Agency that are not allowable under 49 C. F.R. 18 shall be reimbursed by the Local Agency, or the State may offset them against any payments due from the State to the Local Agency. F. Reimbursement of State Costs COOT shall perform Oversight and the Local Agency shall reimburse COOT for its related costs. The Local Agency shall pay invoices within 60 days after receipt thereof. If the Local Agency fails to remit payment within 60 days, at COOT's request, the State is authorized to withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to COOT. Interim funds, shall be payable from the State Highway Supplementary Fund (400) until COOT is reimbursed. If the Local Agency fails to make payment within 60 days, it shall pay interest to the State at a rate of one percent per month on the delinquent amounts until the billing is paid in full. COOT's invoices shall describe in detail the reimbursable costs incurred, the dates incurred; and the amounts thereof, and shall not be submitted more often than monthly. 10. REPORTING -NOTIFICATION Reports, Evaluations, and Reviews required under this §10 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §19, if applicable. A. Performance, Progress, Personnel, and Funds The Local Agency shall submit a report to the State upon expiration or sooner termination of this Agreement, containing an Evaluation and Review of the Local Agency's performance and the final status of the Local Agency's obligations hereunder. Page 100123 B. Litigation Reporting Within 10 days after being served with any pleading related to this Agreement, in a legal action filed with a court or administrative agency, the Local Agency shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State or its principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of COOT. C. Noncompliance The Local Agency's failure to provide reports and notify the State in a timely manner in accordance with this §10 may result in the delay of payment of funds and/or termination as provided under this Agreement. D. Documents Upon request by the State, the Local Agency shall provide the State, or its authorized representative, copies of all documents, including contracts and subcontracts , in its possession related to the Work. 11. LOCAL AGENCY RECORDS A. Maintenance The Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not lim ited to the operation of programs) or Goods hereunder. The Local Agency shall maintain such records until the last to occur of the following: (i) a period of three years after the date this Agreement is completed or terminated, or (ii) three years after final payment is made hereunder, whichever is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or the Local Agency has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (collectively, the "Record Retention Period"). B. Inspection The Local Agency shall permit the State, the federal government and any other duly authorized agent of a governmental agency to 'Iud it, inspect, examine, excerpt, copy and/or transcribe the Local Agency's records related to th is Agreement during the Record Retention Period to assure compliance with the terms hereof or to evaluate the Local Agency's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Agreement, including any extension. If the Work fails to conform to the requirements of this Agreement, the State may require the Local Agency promptly to bring the Work into conformity with Agreement requirements, at the Local Agency's sole expense. If the Work cannot be brought into conformance by re-performance or other corrective measures, the State may require the Local Agency to take necessary action to ensure that future performance conforms to Agreement requirements and exercise the remedies available under this Agreement, at law or in equity in lieu of or in conjunction with such corrective measures. C. Monitoring The Local Agency also shall permit the State, the the federal government or any other duly authorized agent of a governmental agency, in their sole discretion, to monitor all activities conducted by the Local Agency pursuant to the terms of this Agreement using any reasonable procedure, including, but not limited to: internal evaluation procedures , examination of program data, special analyses, on-site checking, formal audit examinations, or any other procedures. All such monitoring shall be performed in a manner that shall not unduly interfere with the Local Agency's performance hereunder. D. Final Audit Report If an audit is performed on the Local Agency's records for any fiscal year covering a portion of the term of this Agreement, the Local Agency shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. Page 11 0123 12. CONFIDENTIAL INFORMATION-STATE RECORDS The Local Agency shall comply wilh the provisions of this §12 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records , and information concerning individuals. A. Confidentiality The Local Agency shall keep all State records and information confidential at all times and to comply with all laws and regu lations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of the Local Agency shall be immediately forwarded to the State's principal representative. B. Notification The Local Agency shall notify its agents, employees and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements requirements before they are permitted to access such records and information. C. Use, Security, and Retention ' , Confidential information of any kind shall not be distributed or sold to any third party or used by the Local Agency or its agents in any way, except as authorized by the Agreement and as approved by the State. The Local Agency shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by the Local Agency or its agents, except as set forth in this Agreement and approved by the State. D. Disclosure-Liability Disclosure of State records or other confidential information by the Local Agency for any reason may be cause for legal action by third parties against the Local Agency, the State or their respective agents. The Local Agency shall indemnify, save , and hold harmless the State, its employees and agents, against any and all claims, claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by the Local Agency, or its employees, agents, or assignees pursuant to this §12. 13. CONFLICT OF INTEREST J The Local Agency shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of the Local Agency's obligations hereunder. The Local Agency acknowledges that with respect to this Agreement, even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, the Local Agency shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of the Local Agency's obligations to the State hereunder. If a conflict or appearance exists, or if the Local Agency is uncertain whether a conflict or the appearance of a conflict of interest exists, the Local Agency shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Agreement. 14. REPRESENTATIONS AND WARRANTIES The Local Agency makes the following specific representations and warranties, each of which was relied on by the State in entering into this Agreement. A. Standard and Manner of Performance The Local Agency shall perform its obligations hereunder, including in accordance with the highest professional standard of care, skill and diligence and in the sequence and manner set forth in this Agreement. B. Legal Authority -The Local Agency and the Local Agency's Signatory The Local Agency warrants that it possesses the legal authority to enter into this Agreement and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Page 12 of 23 Agreement, or any part thereof, and to bind the Local Agency to its terms. If requested by the State, the Local Agency shall provide the State with proof of the Local Agency's authority to enter into this Agreement within 15 days of receiving such request. C. Licenses, Permits, Etc. The Local Agency represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. The Local Agency warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Agreement, without reimbursement by the State or other adjustment in Agreement Funds. Additionally, all employees and agents of the Local Agency performing Services under this Agreement shall hold all required licenses or certifications, if any, to perform their responsibilities. The Local Agency, if a fore ign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for the Local Agency to properly perform the terms of this Agreement shall be deemed to be a material breach by the Local Agency and constitute grounds for termination of this Agreement. 15. INSURANCE The Local Agency and its contractors shall obtain and maintain insurance as specified in this section at all times during the term of this Agreement: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to the Local Agency and the State. A. The The Local Agency i. Public Entities If the Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101 , et seq., as amended (the "GIA'), then the Local Agency shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. The Local Agency shall show proof of such insurance satisfactory to the State, if requested by the State. The Local Agency shall require each Agreement with their Consultant and Contractor, that are providing Goods or Services hereunder, to include the insurance requirements necessary to meet Consultant or Contractor liabilities under the GIA. ii. Non-Public Entities If the Local Agency is not a "public entity" within the meaning of the Governmental Immunity Act, the Local Agency shall obtain and maintain during the term of this Agreement insurance coverage and policies meeting the same requirements set forth in §15(B) with respect to sub-contractors that are not "public entities". B. Contractors The Local Agency shall require each contract with Contractors, Subcontractors, or Consultants, other than those that are public entities, providing Goods or Services in connection with this Agreement, to include insurance requirements substantially similar to the following: i. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of the Local Agency's Contractors, Subcontractors, or Consultant's employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket Agreementual liability, personal injury, and advertising liability with minimum limits as follows: Page 13 01 23 (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 anyone fire. If any aggregate limit is reduced below $1 ,000,000 because of claims made or paid, contractors, subcontractors, and consultants shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the Local Agency a certificate or other document satisfactory to the Local Agency showing compliance with this provision. iii. 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. Additional Insured The Local Agency and the State shall be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage , , Coverage required of the Consultants or Contractors shall be primary over any insurance or self-insurance program carried by the Local Agency or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Local Agency and the State by certified mail. vii. Subrogation Waiver All insurance policies in any way related to this Agreement and secured and maintained by the Local Agency's Consultants or Contractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against the Local Agency or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers . C. Certificates The Local Agency and all Contractors, subcontractors, or Consultants shall provide certificates showing insurance coverage requ ired hereunder to the State within seven business days of the Effective Date of this Agreement. No, later than 15 days prior to the expiration date of any such coverage, the Local Agency and each contractor, subcontractor, or consultant shall deliver to the State or the Local Agency certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Agreement or any subcontract, the Local Agency and each contractor, subcontractor, or consultant shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §15. 16. DEFAULT-BREACH A. Defined In addition to any breaches specified in other sections of this Agreement, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §17. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Agreement in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. Page 14 of 23 17. REMEDIES If the Local Agency is in breach under any provision of this Agreement, the State shall have all of the remedies listed in this §17 in addition to all other remedies set forth in other sections of this Agreement following the notice and cure period set forth in §16(B). The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If the Local Agency fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Agreement and in a timely manner, the State may notify the Local Agency of such non-performance in accordance with the provisions herein. If the Local Agency thereafter fails to promptly cure such nonperformance within the cure period , the State, at its option, may terminate this entire Agreement or such part of this Agreement as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. The Local Agency shall continue performance of this Agreement to the extent not terminated, if any. ' I i. Obligations and Rights To the extent specified in any termination notice, the Local Agency shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and SUb-Agreements with third parties. However, the Local Agency shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Agreement's terms. At the sole discretion of the State, the Local Agency shall assign to the State all of the Local Agency's right, title, and interest under such terminated orders or sub-Agreements. Upon termination, the Local Agency shall take timely, reasonable and necessary action to protect and preserve property in the possession of the Local Agency in which the State has an interest. All materials owned by the State in the possession of the Local Agency shall be immediately returned to the State. All Wor!< Product, at the option of the State, shall be delivered by the Local Agency to the State and shall become the State's property. ii. Payments , The State shall reimburse the Local Agency only for accepted performance received up to the date of termination. If, after termination by the State, it is determined that the Local Agency was not in default or that the Local Agency's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Agreement had been terminated in the public interest, as described herein. iii. Damages and Witholding Notwithstanding any other remedial action by the State, the Local Agency also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Agreement by the Local Agency and the State may withhold any payment to the Local Agency for the purpose of mitigating the State's damages, until such time as the exact amount of damages due to the State from the Local Agency is determined. The State may withhold any amount that may be due to the Local Agency as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. The Local Agency shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Agreement for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Agreement ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Agreement in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. Page 150123 This subsection shall not apply to a termination of th is Agreement by the State for cause or breach by the Local Agency, which shall be governed by §17(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify the Local Agency of the termination in accordance with §17, specifying the effective date of the termination and whether it affects all or a portion of th is Agreement. ii. Obligations and Rights Upon receipt of a termination notice, the Local Agency shall be subject to and comply with the same obligations and rights set forth in §17(A)(i). iii. Payments If this Agreement is terminated by the State pursuant to this §17(B), the Local Agency shall be paid an amount which bears the same ratio to the total reimbursement under this _,,"-. Agreement as the Services satisfactorily performed bear to the total Services covered by th is Agreement, less payments previously made. Additionally, if this Agreement is less than 60% completed, the State may reimburse the Local Agency for a port ian of actual out-of-pocket expenses (not otherwise reimbursed under this Agreement) incurred by the Local Agency which are directly attributable to the uncompleted portion of the Local Agency's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to the Local Agency hereunder. C. Remedies Not Involving Termination The State, its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend the Local Agency's performance with respect to all or any portion of this Agreement pending necessary corrective action as specified by the State without entitling the Local Agency to an adjustment in price/cost or performance schedule. The Local Agency shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by the Local Agency after the suspension of performance under under this provision. ii. With old Payment I Withhold payment to the Local Agency until corrections in the Local Agency's performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to the Local Agency's actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided , that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Demand removal of any of the Local Agency's employees, agents, or contractors whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Agreement is deemed to be contrary to the public interest or not in the State's best interest. v. Intellectual Property If the Local Agency infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Agreement, the Local Agency shall, at the State's option (a) obtain for the State or the Local Agency the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither of the forgegoing alternatives are reasonably available, remove any infring ing Goods, Services, or products and refund the price paid therefore to the State. Page 16 0123 18. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent bye-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Alex Kouprievitch COOT Re~ion 6 2000 South Holly Street Denver, Colorado 80222 (303) 757-9948 , , B.LocaIAgencyr· ____ ~~~~----------------, Mark Westber~ City of Wheat Ridge 3975 KiplinQ Street Wheat Ridge, Colorado 80033 (303) 987-7900 19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or work product of any type, including drafts, prepared by the Local Agency in the performance of its obligations under this Agreement shall be the exclusive property of the State and, all Work Product shall be delivered to the State by the Local Agency upon completion or termination hereof. The State's exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. The Local Agency shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of the Local Agencys's obligqtions hereunder without the prior written consent of the State. 20. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS CRS §24-10-101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS §24-30-1501, et seq., as amended. 21. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to the Local Agency under this Agreement is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §21 applies. The Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-1 03-601 , §24-103.5-101 and §24-1 05-1 02 concerning the monitoring of vendor performance on state agreements/contracts and inclusion of agreement/contract performance information in a statewide contract management system. The Local Agency's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Agreement, State law, including CRS §24-1 03.5-1 01 , and State Fiscal Rules, Policies and Guidance. Evaluation and Review of the Local Agency's performance shall be part of the normal Agreement administration process and the Local Agency's performance will be systematically recorded in the statewide Agreement Management System. Page 17 of 23 Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of the Local Agency's obligations under this Agreement shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Local Agency's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Agreement term. The Local Agency shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that the Local Agency demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by COOT, and showing of good cause, may debar the Local Agency and prohibit the Local Agency from bidding on future Agreements. The Local Agency may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-1 09-1 06, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of the Local Agency, by the Executive Director, upon showing of good cause. 22. FEDERAL REQUIREMENTS The Local Agency and/or their contractors, subcontractors, and consultants shall at all times during the execution of this Agreement strictly adhere to, and comply with, all applicable federal and state laws, and their implementing regulations, as they currently exist and may hereafter be amended. A listing of certain federal and state laws that may be applicable are described in Exhibit J. 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) The Local Agency will comply with all requirements of Exhibit G and the Local Agency Contract Administration Checklist regarding DBE requirements for the Work, except that if the Local Agency desires to use its own DBE program to 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 the Local Agency uses any Stateapproved DBE program for this Agreement, the 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 the Local Agency's DBE program does not waive or modify the sole responsibility of the Local Agency for use of its program. 24. DISPUTES Except as otherwise provided in this Agreement, any dispute conceming a question of fact arising under this Agreement which is not disposed of by agreement, shall be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of COOT. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of 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. Page 18 of 23 25. GENERAL PROVISIONS A. Assignment The Local Agency's rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted without the prior, written consent of the State. Any attempt at assignment, transfer, subcontracting without such consent shall be void. All assignments and subcontracts approved by the Local Agency or the State are subject to all of the provisions hereof. The Local Agency shall be solely responsible for all aspects of subcontracting arrangements and performance. B. Binding Effect Except as otherwise provided in §25(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. ' , D. Counterparts This Agreement may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties and all prior representalions and understandings, oral or written, are merged herein. Prior or contemporaneous addition, deletion, or other amendment hereto shall not have any force or affect Whatsoever, unless embodied herein. F. Indemnification -General If Local Agency is not a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., the Local Agency shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omision by the Local Agency, or its employees, agents, subcontractors or assignees pursuant to the terms of t~is Agreement. This clause is not applicable to a Local Agency that is a "public entity" within the meaning of the Colorado Govemmental Immunity Act, CRS §24-10-101, et seq. G. Jurisdction and Venue All suits, actions, or proceedings related to this Agreement shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Limitations of Liability Any and all limitations of liabil ity and/or damages in favor of the Local Agency contained in any document attached to and/or incorporated by reference into this Agreement, whether referred to as an exhibit, attachment, schedule, or any other name, are void and of no effect. This includes, but is not necessarily limited to , limitations on (i) the types of liabilities, (ii) the types of damages, (iii) the amount of damages, and (iv) the source of payment for damages. I. Modification i. By the Parties Except as specifically provided in this Agreement, modifications of this Agreement shall not be effective unless agreed to in writing by both parties in an amendment to this Agreement, properly executed and approved in accordance with with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATIONS OF AGREEMENTS -TOOLS AND FORMS. Page 19 0123 ii. By Operation of Law This Agreement is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Agreement on the effective date of such change, as if fully set forth herein. J. Order of Precedence The provisions of this Agreement shall govern the relationship of the State and the Local Agency. In the event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions , ii. The provisions of the main body of this Agreement, iii. Exhibit A (Scope of Work), iv. Exhibit B (Local Agency Resolution), v. Exhibit C (Funding Provisions), vi. Exhibit 0 (Option Letter), vii. Exhibit E (Local Agency Contract Administration Checklist), viii. Other exhibits in descending order of their attachment. K. Severability Provided this Agreement can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. L. Survival of Certain Agreement Terms Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued performance, compliance , or effect after termination hereof, shall survive such termination and shall be enforceable by the State if the Local Agency fails to perform or comply as required. M. Taxes The State is exempt from all federal'excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g ., City of Denver) Denver) may require payment of sales or use taxes even though the product or service is provided to the State. The Local Agency shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing the Local Agency for them. N. Third Party Beneficiaries Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. O. Waiver Waiver of any breach of a term, proVision, or requirement of this Agreement, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 20 of 23 26. COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Agreements except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This Agreement shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fisca l year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. GOVERNMENTAL IMMUNITY. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.s.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR The Local Agency shall perform its duties hereunder as an independent contractor and not as an employee. Neither The Local Agency nor any agent or employee of The Local Agency shall be deemed to be an agent or employee of the State. The Local Agency and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for The Local Agency or any of its agents or employees. Unemployment insurance benefits shall be available to The Local Agency and its employees and agents only if such coverage is made available by The Local Agency or a third party. The Local Agency shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. The Local Agency shall not have authorization, express or implied, to bind the State to any Agreement, liability or understanding, except as expressly set forth herein. The Local Agency shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW. The Local Agency shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Agreement, to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under th is Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. The Local Agency hereby certifies and warrants that, during the term of this Agreement and any extensions, The Local Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that The Local Agency is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. Page 21 of 23 The Local Agency has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of The Local Agency's services and The Local Agency shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3 .S), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts requi red to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result offinal agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental Agreements, or information technology services or products and services] The Local Agency certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who,shall perform work under this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perfonm work under this Agreement, through participation in the EVerify Program or the State program established pursuant to CRS §8-17.S-1 02(S)(c), The Local Agency shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to The Local Agency that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under th is Agreement. The Local Agency (a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if The Local Agency has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.S-102(S), by the Colorado Department of Labor and Employment. If The Local Agency participates in the State program, The Local Agency shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affinmation, affirming that The Local Agency has examined the legal work status of such employee, employee, and shall comply with all of the other requirements of the State program. If The Local Agency fails to comply with any requirement of this provision or CRS §8-17.S-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this Agreement for breach and, if so terminated, The Local Agency shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. The Local Agency, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.S-101 et seq., and (c) has produced one form of identification required by CRS §24-76.S-1 03 prior to the effective date of this Agreement. SPs Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 22 of 23 SIGNATURE PAGE Agreement Routing Number 10 HAG 09037 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT • Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY STATE OF COLORADO CITY OF WHEAT RIDGE Bill Ritter, Jr. GOVERNOR Vendor # 2000099 By: Title: By: ' , for Russell George, Execulive Director 'Signature Colorado Department of Transportation Local Agency Attestation LEGAL REVIEW By: John W. Suthers, Attorney General Title: By: Signature -Assistant Attorney General 'Signature I ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER eRS §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. The Local Agency 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 CONTROLLER David J. McDermott, CPA By: Colorado Department of Transporation Date: Page 23 of 23 27. EXHIBIT A -SCOPE OF WORK SH121 : 441h Ave to 451h Ave SA 17529, #SHE 1211-071 STIP#SDR6731.07 TI P2007 -081 , This safety project consists of constructing a new median between 441h Avenue and 451h Avenue to limit access along this portion of Wadsworth Boulevard to right-in/right-out. The new median starts at the north end of the existing median and extends to 451h Avenue. Major construction items include removal of the existing asphalt mat, construction of a new median with curb, gutter, and median cover material, installation of traffic signs and pavement marking, and reconfiguration of the left turn lanes on both sides of the new median. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Exhibit A -Page 1 of 1 28. EXHIBIT B -LOCAL AGENCY RESOLUTION LOCAL AGENCY ORDINANCE or RESOLUTION Exhibit B • Page 1 of 1 29. EXHIBIT C -FUNDING PROVISIONS A. Cost of Work Estimate The Local Agency has estimated the total cost the Work to be $86,475.00 which is to be funded as follows' 1 BUDGETED FUNDS (Projects 17529 and 17663) a. Federal Funds (FY 10 Hazard Elim @90%) $77,400.00 b. State Matching Funds(FY 10 Hazard Elim @10%) $8,600.00 c. CDOT -Incurred Non-Participating Costs $475.00 (Including Non-Participating Indirects) , , TOTAL BUDGETED FUNDS $86,475.00 2 ESTIMATED CDOT-INCURRED COSTS (Project 17663) a. Federal Share (90% of Participating Costs) $6,772.00 b. State Share (10% of Participating Costs) $753.00 Non-Participating Costs (Including Non-Participating Indirects) $475.00 TOTAL ESTIMATED COOT-INCURRED COSTS $8,000.00 J 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (1a) $77,400.00 b. Less Estimated Federal Share of COOT-Incurred Costs (2a) $6,772.00 c. State Funds Budgeted (1 b) $8,600.00 d. Less Estimated State Share of COOT-Incurred Costs (2b) $753.00 e. Less Non-Participatinq Costs $475.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $78,000.00 FOR CDOT ENCUMBRANCE PURPOSES Total Encumbrance Amount $78,000.00 Less ROW Acquisition 3111 andlor ROW Relocation 3109 $0.00 Net to be encumbered as follows: $78,000.00 WBS Element 17529.10.30 Design 3020 $8,000.00 WBS Element 17529.20.10 Canst 3301 $70,000.00 Exhibit C -Page 1 of 2 SA17529 B. Matching Funds The matching ratio for the federal participating funds for this Work is 90% federal-aid funds (CFDA #202050) to 10% State funds, it being understood that such ratio applies only to the $78,000.00 ($70,200.00 Federal Funds and $7,800.00 State Funds) that is eligible for federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $78,000.00, and additional federal funds are made available for the Work, the Local Agency shall pay 0% of all such costs eligible for federal participation and 100% of all non-participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $78,000.00, then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described herein. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $78,000.00 (For CDOT accounting purposes, the federal funds of $70,200.00 arrd the State matching funds of $7,800.00 will be encumbered for a total encumbrance of $78,000.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. Single Audit Act Amendment All state and local government and non-profit organization Sub-The Local Agencys receiving more than $500,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes, shall comply with the audit requirements of OMB Circular A-133 (Audits of States, Local Governments and Non-Profit Organizations) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to Sub-The Local Agencys receiving federal funds are as follows: i. Expenditure less than $500,000 If the Sub-The Local Agency expends less than $500,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure exceeding than $500,000-Highway Funds Only If the Sub-The Local Agency expends more than $500,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. iii. Expenditure exceeding than $500,000-Multiple Funding Sources If the Sub-The Local Agency expends more than $500,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Exhibit C . Page 2 of 2 SA17529 30. EXHIBIT D -OPTION LETTER SAMPLE IGA OPTION LETTER (This option has been created by the Office of the State Controller for COOT use only) NOTE: This option is limited to the specific contract scenarios listed below AND may be used in place of exercising a formal amendment. Date: I State Fiscal Year: I Option Letter No. I CLiN Routing # Original Contract CMS # I Option Letter CMS # I Original Contract SAP # Option Letter SAP # Vendorname: __________________________________________ A. SUBJECT: (Choose applicable options listed below AND in section B a,nd delete the rest) 1. Level of service change within current term due to an unexpected Local overmatch on an overbid situation ONLY; 2. Option to add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to AcquisitionlRelocation or Railroads); 3. Option to update funding (a new Exhibit C must be attached with the option letter and shall be labeled C-1 (future changes for this option shall be be labeled as follows: C-2, C-3, C-4, etc.) B. REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: (Insert the following language for use with Option #1 ): In accordance with the terms of the original Agreement (insert FY, Agency code & CUN routing # of Basic Contract) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to record a level of service change due to unexpected overmatch dollars due to an owerbid situation. The Agreement is now increased by (indicate additional dollars here) specified in Paragraph/Section/P rovision of the original Agreement. (insert the following language for'use with Option #2): In accordance with the tenms of the original Agreement (insert FY. Agency code & CUN routing # Basic Contract) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to add an overlapping phase in (indicate Fisca/Year here) that will include (describe which phase will be added and include all that app/yDesign. Construction. Environmental. Utilities. ROW incidentals or Miscellaneous). Total funds for this Agreement remain the same (indicate total dollars here) as referenced in Paragraph/Section/Provision/Exhibit of the original Agreement. (insert the following language for use with Option #3): In accordance with the terms of the original Agreement (insert FY. Agency code & CUN routinq # of Basic Contractl between the State of Colorado, Department ofTransportation and (insert the Local Agency's name here), the State hereby exercises the option to update funding based on changes from state, federal, local match and/or local agency overmatch funds. The Agreement is now (select one: increased and/or decreased) by (insert dollars here) specified in Paragraph/-Section/-Provision/Exhibit of the original Agreement. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when Exhibit 0 -Page 1 of 2 I using this option: future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc.) (The following language must be included on ALL options): The amount of the current Fiscal Year contract value is (increased/decreaselj) by ($ amount of change) to a new Agreement value of ($ ) to satisfy services/goods ordered under the Agreement for the current fiscal year (indicate Fiscal Year). The first sentence in Paragraph/Section/Provision is hereby modified accordingly. The total Agreement value to include all previous amendments, option letters, etc. is ($ ). The effective date of this Option Letter is upon approval of the State Controller or delegate. , , APPROVALS: For the The Local Agency: Legal Name of the Local Agency By: ;::-:--:-:-;_---;--;-:;--:---,-;--,:-:--,---, ______ _ Print Name of Authorized Individual Signature: __________________ _ Date: Title: Official Title of Authorized Individual State of Colorado: Bill Ritter, Jr., Governor By: ___________________ Date: _______ _ Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods andlor services provided hereunder. Form Updated: June 12, 2008 State Controller David J. McDermott, CPA By: ___________ _ Date: _____________ _ Exhibit 0 -Page 2 of 2 31. EXHIBIT E -LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST The following checklist has been developed to ensure that all required aspects of a project approved for Federal funding have been addressed and a responsible party assigned for each task. After a project has been approved for Federal funding in the Statewide Transportation Improvement Program. the Colorado Department of Transportation, (COOT) Project Manager. Local Agency project manager. and COOT Resident Engineer prepare the checklist. It becomes a part of the contractual agreement between the Local Agency and COOT. The COOT Agreements Unit will not process a Local Agency agreement without this completed checklist. It will be reviewed at the Final Office Review meeting to ensure that all parties remain in agreement as to who is responsible for performing individual tasks. xvi Exhibit E -Page 1 of 5 COLORAOO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No STIP No Project Code Regton SHE 1211-071 SORB731072 17529 6 Project Location I Dale SH121:44tn to 4511' Ave 10128109 Project Description Add raised median Local Agency local Agency Project Manager , . Cit\( of V\lheat Rldne Mark A. Westbera COOT Resident Engineer COOT Project Manager Leela Ra)3Sekar Alex Kouprievltch INSTRUCTIONS: This checklist shaH be utillZed to establish tI1e contract administration responsibilities of the individu al parties 10 this agreement The checklist becomes an attachment to the Local Agency agreement Section numbers correspond to the applicable chapters of the COOT Local Agency Manual, The checkllSl shall be prepared by placing an "X" under the responsible party, opposite each of the tasks The "X' denotes the party reSJXlnSlb!e for initiating and executing the task. Only one responsible party should be selected. Vvhen neither COOT nor the Local Agency is responsible for a task, not applicable (NA) shall be noted, In addition, a "fr will denote that COOT m..Jst concur or approve. Tasks that will be performed by Headquarters staff wll be indicated The Regions, in accordance with established policies and procedures. 'Mil determme Vllho ""';11 perform all other tasks that are the responsibilIty of COOT The checklist shall be prepared by the COOT Resident Engineer or the COOT Ploject Manager. in cooperation With the Local Agency Project Manager. and submitted to the Region PlOgram Engineer. If contract administration responsibilities change. the COOT Resident Enoineer in coooeration VoIith the Local Aa~encv P~iect Manaoer will are Dare and distribute a revised checklisl I RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA CDOT TIP f STiP AND LONG·RANGE PLANS 2.1 Revtew Pro·ect to ensure it IS consist wth STIP and amendments thereto X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 Authorize funding by phases (COOT F O(m 418 -Federal·sld Program Oat8. Requires FHWA X e oneu rreneeflnvolvement) PROJECT DEVELOPMENT 5.1 Pre are Des· n Data -COOT Form 463 5.2 Pre are Local A enc /CooT Inter-Governmental AQreernent see also Chapter 3 X 5.3 Conduct Consultant Selection/Execute Consultant Aoreement X 5.4 Conduct Desi n Scopina Review Meetina X 5.5 Conduct PublIC Involvement X 5.6 Conduct Field InsoectJon Review (FIR} X 57 Conduct Envi ronmental Processes may realJire FH\NA eoneurreneeflnvolvemenl X 5.8 Acauire R(aht-of-Wav ma .... reauire FHWA eoneurrencelinltOlvemenli· X 5.9 Obtain UtilitV and Railroad Aareements X 5.10 Conduct Final Office Review FOR X 5.1 1 JuSffiV Force Account Work bv the Local Aaencv X 512 JuShlVProonetarV; Sole Source, or local ACencvFurnished Items X 5.13 Document Desion Exceotions -COOT Form 464 X 5.14 Prenare Plans-soecifications and Construction Cost Estimates X 5.15 Ensure Authorization of Funds for Construction X COOT Form 1243 09106 Page1 of 4 Previous editions are obsoleta and may nol be used Exhibit E -Page 2 of 5 NO. DESCRIPTION OF TASK Don ,CT """'" . CIVIL ,AND I ."nc "nMOI '."'''0 6.1 Set Underutitized i ;~coo.;; Business Enterprise.. {U~o.~ Goals for Consultant and r , I r, ,n" ,M< ' Roo,,,, EEO"""' , I 6.2 , ,Act I !his! . ;1 t] i~_ ~_is not exen;pt Irom Da ... is-B~con requirements, as, deterMnded bY,'he I I I I of the project location (Projects located on oca roads an fu ra minor collectors may be exempt.) I CDC , ,on File) Date 0 .3 I ,et.' : ',aln ln~_ Goals: Goal IS ze,o ",otal ' liS les; than $1 mlll,on ,CDOT ~ !"-':<,. "nsu,e the COllect 'ed~,al Waoe lJeclslon, alilequiled Dlsad,antaged_§usln es~ . ~;F.;,. rr~inin~"'~p~~i~l-pra..isions and FHWA Form 1273 are induded in the . . ':" -'1 Cont,'act I . IEn.n;", ADVEI iTlSE , BID AND 'btal" App,",al fo" , Penod of Less Than' 7. I Open Bli I P,ocess to, aids I ,and Plan Detal~ ""h I ' 1 , B'dd"s While P,o,ect IS Unde, 'if. /fl' E,a'uate COOT FOim 718 . , . I DElE Good Faith Ertort I I and ~, ':tt;", DBE Qoals Contractor has made a good faith effort Wlen the low bidder does not meet I fo, CDC r a"",d , flOm COOT to A"",d I of Law Bldde' lwa,d ontrae ,,",Ide "Awa" ' and 'R"""d" Sets of Plans and .UCTION Issue Notice to Peaceed to the I''<RJ >lAw"d', B) I, c~. . I ·Con "et., ;;;::: .. I_.,. "~ , M,n,.,1 , cha,ge Of LA PART~DOT x x x x x COOT Form 1243 09 /06 Pagel of 4 Previous editions are obsolete and may nol be used Exhibit E c Page 3 of 5 RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA COOT , Provide competent, experienced staff wno Will ensure the Contract work is constructed in , accordance .......rrh the plans and specifications X Construction Inspection and documentation X 8.8 Approve Shop Drawings X 8.7 Perlorm TraffIC Control InspectIOns X 8.8 Perform Construction Surveymg X 89 Monument Right-of-Way X 81O Prepare and Approve Interim and Final Contractor Pay Estimates X Provide the name and phone number 01 the person authonzed for tn,s task. • MarK AWestberg m-2J,2 2a§J Local Agency Representative Phone number 8. " Prepare and ApPfcwe Interim and Fmal Utility and Railroad Billings X 812 Prepare local Agency Reimbursement Requests X 813 Prepare and Authorize Change Orders X 8.14 Approve AU Change Orders X 815 Monitor Project Financial Status X 81S Prepare and Submit Monthly Progress Reports X 8.17 Resolve Contractor Claims and DIsputes X 8.18 Conduct Routine and Random Project Revievvs Proy ide the name and phone number of the person responsible for this task X L!i::~Iii! Raiii!~e!sgr 3Q3.757·9862 COOT Resident Engineer Phone number MATERIALS 9.1 Conduct Materials Pre·Construction Meet; X 92 Complete COOT Form 250 -Materials Documentabon Record · Generate form, v.tIlch includes determining the mInimum number of required tests and X applICable material submittals for all matenals placed on Ihe project · Update the form as v.<>rk progresses X · Complete and distribute fOfm after v.ork is compfeted X 9.3 Perform Project Acceptance Samples and Tests X 9.4 Perform Laboratory VerificatIOn Tests X 9.5 Accept Manufactured Products X Inspection of structural components: · Fabrication of structura l steel and pre-stressed concrete structural components X · Bridge rmdular expansion devices (0" 106" or greater) X · Fabfication of bealing devices X 9.S A rove Sources of Materials X 9.7 Independent Assurance TestIng (JAT). l ocal Agency Procedures ~ COOT Procedures U • Generate fAT schedule X · Schedule and provide notdication X · Conduct IAT X 9.8 Approve mix deSigns · Concrete X · Hot mix asphalt X 9.9 Check Final Materials DoaJmenlation X 9.10 Complete and Distribute Final Materials DocumentatIOn X COOT Form 12.3 09/06 Page3 of. Previous edlUOflS 3fl1 obsolete and may flOl be used Exhibit E -Page 4 of 5 , each subcontractor, and submit to cc COOT Resident Engineer/Project Manager COOT Region Program Engineer COOT Region EEO/Civil Rights Specialist COOT Region Materials Engineer COOT Contracts and Market Analysis Branch local Agency Project Manager , I x COOT Form 1243 09106 Page4 of 4 PreYlous edllfons are obsolete and may not be used Exhibit E -Page 5 of 5 32. EXHIBIT F -CERTIFICATION FOR FEDERAL-AID CONTRACTS The Local Agency certifies, by signing this Agreement, to the best of its knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, 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 or of Congress, or an employee of a Member of Congress in connection with this Federal contract, Agreement, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying ," in accordance with its instructions. ' , This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31 , U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agree by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. Required by 23 CFR 635.112 Exhibit F -Page 1 of 1 33. EXHIBIT G -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 23. Consequently. the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2. DBE Obligation. The recipient or its the Local Agency agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this ' regard. all participants or contractors shall take all necessary and reasonable steps in accordance with the COOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race. color. national origin. or sex in the award and performance of COOT assisted contracts. SECTION 3 DBE Program. The Local Agency (sub-recipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation. 1988. as amended. and shall comply with the applicable provisions of the program. (If applicable) . A copy of the DBE Program is available from and will be mailed to the Local Agency upon request: Business Programs Office Colorado Department of Transportation 4201 East Arkansas Avenue. Room 287 Denver. Colorado 80222-3400 Phone: (303)757-9234 revised 1/22/98 Required by 49 CFR Part 23.41 Exhibit G -Page 1 of 1 EXHIBIT H -LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by 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 172J. 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 of work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations. 3. The contracting agency must advertise for contracts in conformity with the requirements of C.R.S. 24-30-1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. 4. The request for consultant services should include the scope of work, the evaluation factors and their relative importance, the method of payment, and the goal of 10% for Disadvantaged Business Enterprise (DB E) partiCipation as a minimum for the project. 5. The analysis and selection of the consultants shall be done in accordance with CRS §24-30-1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOT pre-qualified prime consultants and their team. It also shows which criteria are used to shortlist and to make a final selection. The short-list is based on the following evaluation factors: a. Qualifications, b. Approach to the Work, c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Exhibit H -Page 1 of 2 Evaluation factors for final selection are the consultant's: a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement, d. Location , e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement of minority consultants. 6. Once a consultant is selected, the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be greater than $50,000. Fede'ral reimbursements for costs are limited to those costs allowable under the cost principles of 48 CFR 31 . Fixed fees (profit) are determined with consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six to 15 percent of the total direct and indirect costs. 7. A qualified local agency employee shall be responsible and in charge of the Work to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract. At the end of Work, the local agency prepares a performance evaluation (a CDOT form is available) on the consultant. 8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18.42, which provide for records to be kept at least three years from the date that the local agency submits its final expenditure report. Records of projects under litigation shall be kept at least three years after the case has been settled. CRS §§24-30-1401 through 24-30-1408, 2~ CFR Part 172, and p.o. 400.1, provide additional details for complying with the preceeding eight (8) steps. Exhibit H -Page 2 of 2 34. EXHIBIT I -FEDERAL-AID CONTRACT PROVISIONS FHWA-1273 Electronic ver5>On -March 10, 1994 FHWA Form 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS l. General II NondiSCrimination ". III. Non-segregated Facilities IV Payment of Predetermined Minimum Wage V.Statements and Payrolls VI. Record of Materials, Supplies, and Labor .. VII. Subletting or Assigning the Contract .. VIII. Safety: Accident Prevention . IX. False Statements Concerning Highway Projects . X.lmplementation of Clean Air Act and Federal Water PollulJon ContrOl Act .. XI.Certlfica\ion Regarding Deoarment, SuspenSIOn, Ineligibility, and Voluntary ExClUSIOn XII. Certification Regarding Use of Con!(act Funds lor LObbying . ATTACHMENTS A Employment Preference for Appalachian Contracts Oncluded in Appalachian contracts only) I. GENERAL 1. These contract pro .... isions shall apply 10 all work performed on the conlract by the contracto(s own organization and Wllh the assistance of workers under the contracto(s Immediate supenntendence and to all work performed on the conlract by piecework, station work, or by subcontract 2 Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contaIned in these Required Contract PrO'olislons, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The ReqUired Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responSible for compliance by any subcontractor or lower tier subcontractor With these ReqUIted Contract Provisions. J 3, A breach of any of the stipulations contained in these Required Contract Pro .... isions shall be sufficient grounds for termination of the contract 4 A breach of the follO'Ning clauses of Ihe ReqUired Contract Provisions may also be grounds for debarment as provided in 29 CFR 5,12: Sectioo I, paragraph 2, Seclioo tV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g, 5. Disputes Disputes arising oul of the labor standards provisions of Section IV (except paragraph 5) and Section V 01 these Required Contract Provisions shall not be subject to the general disputes clause of this Agreement Such disputes shall be resol .... ed In accordance with the procedures of the US Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the COntractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this Agreement, the contractor shall not. a. discriminate against labor from any other State, possession. or territory of the United States (except for employment preference for AppalaChian contracts, when applicable. as specified In Attachment A), 0' b employ convict labor lor any purpose within the limits of the project unless it Is labor performed by convicts who are on parole, supervised release, or probatIOn, II, NONDISCRIMINATION I 3 3 6 6 7 7 7 8 8 .. 9 (Applicable to all Federal-aid construction contracts and to all related subcontracts of S10,000 or more) 1. Equal Employment Opport unit y: Equal employment opportufllly (EEO) reqUIrements nOI to diSCriminate and to take affirmative actIOn 10 assure equal opportunity as sel forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders 01 the Secretary of Labor as modified oy the prOVisions preSCribed herein, and imposed pursuant 10 23 USC. 140 shall constitute the EEO and speclflc affirmative action standards for the contractor's project acti .... lties under this Agreement. The Equat Opportunity Construcbon Contract Specirlcations set forth under 41 CFR 60-4.3 and the prOVISIOns of the AmerICan Dlsab;li~es Act of 1990 (42 U.S.C. 12101 ~ ~. ) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in thIs Agreement. In the execution of thiS Agreement, Ihe contractor agrees to comply With the following minimum specific requirement actiVities of EEO a The contractor Will work With the State highway agency (SHA) and the Federal Government In carrying out EEO obligations and in their review of his/her actiVities under the contract, b The contractor will accept as hiS operallng policy the follOWing statement· "It is the policy of this Company to assure thaI applicants are employed, and that employees are treated during employment, without regard to their race, rellgiOfl , sex, color, national ongin, age or disability. Such achon shall indude: employment, upgrading. demotion, or transfer; recruitment or recruitment advertising: layoff or !effnlnatton, rales of payor other forms 01 compensallon: and selectJon lor training, indudlng apprentIceShIp, pre-apprenticeship, and/or on-the.Job training H 2 EEO Officer: The contractor will deSignate and make known to the SHA contracting officers an EEO OffICer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authOrity and responsibility to do so. 3. Dissemin ation 01 Policy: All members of the contractor's staff who are authorized to hlte, supervise, promote, and diSCharge employees. or who recommend such action, ()( who are substant!ally involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to pro .... lde EEO in each grade and classification of employment. To ensure that Ihe above agreement will be met. the following actions will be taken as a minimum: a Periodic meetings of supervisory and personnel office employees will be COnducted before the start of work and then not less often than once every six months. at which lime 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 WIU be gl .... en a thorough indoctrination by the EEO Officer. covering all major aspects of the contractor's EEO ob~gations within thirty days follOWing their reporting for duty With the contractor c All personnel who are engaged in direct recrUitment for the project will be Instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters selting forth the contractor's EEO policy will be placed in areas readily accessIble to employees, applicants for emptoyment and potentia! employees, e. The conlracto(s EEO policy and the procedures to implement such poliCY Will be brought to the attention Of employees by means of meelmgs, employee handbooks, or other appropriate means 4 Recruitm ent: When ad .... ertising for employees, the contractot will include in all advertIsements for employees the notation: HAn Equal Exhibill -Page 1 of 8 REQUIRED BY 23 CFR 633.102 - OpportUnity Employer" All such advertisements will be placed In publications having a large CIrculation among mlnOflly groups In the area from which the project work loree would normally be derived. a The contractor Will, ... nless precluded oy a valid bargaining agreement. conduct systematic and dlfect recrUitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet thiS requirement, the contractor will Icentify sources of potential minority group employees, and establish with such Identified sources procedures whereby minority group apphcants may be referred to the contractor lor employment CO'lsideratlon. b. In the event the contractor has a valid bargaining agreement providing for exclUSive hiring hall re'errals , ne IS expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance With EEO contract prOVISIons (The DOL has held that where Implementations of such agreements have the effect effect ot discriminating against minOrities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended) c. The contractor will encourage his present employees to refer minority group applicants for employment Information and procedures with regard to referring minority group applicants Will be discussed with employees 5. Pen;onnet Actions : Wages, working conditions. and employee benefits shan be established and administered, and personnel actions of every type, including hiring, upgradll1g, promolJon, trans/er, demotion, layoff , and termination, shall be taken Without regard to race, co\of, rehglOn, sex. national ongln, age or disability The talloWing procedures shall be followed · a The contractor WIll conduct penodic Inspections of project sties to insure that working conditions and employee facilities do not indicate discriminatory treatment 01 project site personnel b The contractor WIll periodically evaluate the spread of wages paid Within each classificallon to determine any eVidence of discriminatory wage practices c. The contractor WIll penochcally revIew selected personnel acllons In depth to determme whether there is evidence of discrimination. Where eVidence is found, the contractor 'Nilt promptly take corrective action If the review indicates that the discrimination may extend beyond the actions reviewed. such corrective adlon shall inpude all affeded persons. d. The contractor wllJ prompUy investigate all complaints of alleged discrimination made to the contractor in connection with his Obligations under this Agreement, will attempt to resolve such complaints, and will take appropriate corrective acllon within a. rea sonable lime. If the investigation Indicates that the discnminatton may affect persons other than the complainant, suCh corrective action shall Include such other persons. Upon completion of each Investlgallon, the contractor ""';11 inform every compla inant 01 all of hiS avenues of appeal 6 Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use 01 training programs, i.e., apprenticeship, and on,the..job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training In the event a speCial prOvision tor training is provided under this Agreement, this subparagraph Will be superseded as indicated in the special provision. c The contractor will advise employees and applicants for employment ot available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women emptoyees and will encourage eligible emplOyees to apply for such training and promotion. 7. Unions: If the contractor reties m whole Of in part upon unions as a source of employees, the contractor Will use hislher best efforts to obtain the cooperation of such unions to increase opportunilles for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actloos by the contractor either d'rectly or through a contractor's association acting as agent will include the procedures set forth below a The contractor Will use best efforts to develop, In cooperalion With the unions, loint training programs aimed toward qualifying more mlnonty group members and women lor membership In the unions and Increasmg the skins 01 mmOflty group employees and women so that they may qualify for higher paying employment b The contractor Will use best eHorts to incorporate an EEO clause Into each IJnion agreement to the end mat such umon will be contractualty bound to reler applicants wlthout regard to their race. color, religion, sex, national origin, age or disability c. The contractor IS to obtain information as to Ihe referral practices and policies of the labor union except that to the extent such informa tion is within the exclusive possession of the tabor union and such labor umon refuses to lurnish such iMormation to the contractor, the contractor shall so certify 10 the SHA and shall set forth what efforts have been made to obtain such Inlormation d. In the event the umon Is urable 10 provide the contractor with a reasonable flow of minority and wO,men referrals within the time limit set lonh in the collective bargaining agreement. the contractor will, through lrodependent recruitment efforts. fill the employment vacancies withOut regard to race. color. religion, sex, national origin, age or disability; making fu ll etforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the cootractor has a collective bargaining agreement providing for exclusive relerral faIled to refer minonty emptoyees ) In the event the union relerral practice prevents the contractor from meetmg the obligations pursuant to ExecutJve Order 11246, as amended, and Ihese special prOVisions, such contractor shall ImmedJ3tery notify the SHA. B Selection of Subcontracton;, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds 01 race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, induding procurement of materials and leases of equipment a The contractor shall notify all potential subcontrac tors and suppliers of his/her EEO obligations under this Agreement. b. Disadvantaged business enterprises (DBE), as defined In 49 CFR 23, shall have equal opportUt'llty to compete fOf and perform subcontracts which the contractor enters Into pursuant to this Agreement. The contractor Will use hiS best eHorts to solicit bids from and to utilize OBE subcontractors or subcontractors with meaningfUl minority group and female representation among their employees. Contractors shall obtain lists of OBE construction firms !rom SHA personnel c The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document comptiance with the EEO requirements. Such records shall be retained for a period of mree years following completion of the contract work and shall be available at reasonable times and places lor Inspection by authorized representatives of the SHA and the FHWA. a The records kepi by the contractor shall document the lollowing· (1) The number of minority and non-minority group members and women employed in each work Classification on the project: (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women, (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minOrity and female employees: and (4) Tne progress and effons being made in securing the services of OBE subcontractors or subcontractors with meaningful minority and female representation among their employees. o. The COf'ltractors will submit an annual report to the SHA each July for the duralion of the project, indicating the number 01 minonty, women, and non-minority gtOup employees currently engaged in each work classification required by the contract work. This information is to Exhibit I -Page 2 of 8 REQUIRED BY 23 CFR 633.102 - be reported on Form FHWA-1391 If on-tne job Iralnlng IS being required by special provISIon, the contractor will be reqUired to collect and report tralnmg data III. NONSEGREGATED FACILITIES (ApplICable to all Federal-aid constnJctlon contracts and to all related subconlracts of $10,000 or more) a. By submiSSion of this bid, the e~ecution of tnlS Agreement or subcontract. or the consummation of this material supply agreement or purchase order, as appropriate , the bidder, Federal-aid construction contractor. subcontractor, material supplier, or vendor. as appropriate, certifies that the firm does not maintain or prOVide for lIS employees any segregated facilities at any of its establishments, and that the firm does not permit Its employees to perform !hei-seNices at any location, under Its control, where segregated faCllilJes are maintained The firm agrees that a breach of this certification IS a violation of the EEO provisions of thiS Agreement The firm further cerbfies that no employee will be denied access 10 adequate fad litles on Ihe basis of sex or disability b. As used in this certification, the term ~segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eallng areas, timeclocks, [ocker rooms. and other storage or dreSSing areas. parking [ots, dtlnklng lountalns. recreation or entertainment areas. transportation, and hOUSing faCi lities provided for employees which are segregated by explicit directive, or are, in fact. segregaled on the baSIS of race, color, relig ion, national origin, age or disability, because 01 habit, local custom, or otherwise. The only ellceplJon Will be for the disabled when the demands for accessibility override (e 9 disabled pariting) c The contractor agrees that it has obtained or WIll obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that It will retain SlJch certifications In its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2.000 and to all related subcontracts, except for prOjects located on roadways claSSified as tocal roads or ru ral minot co' lectors, which are exempt.) General: a All mechanics and laborers employed or WOrking upon th~ site of the work will be paid unconditionally and not tess ollen tnan once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U S.C. 276C)] the full amounts of wages and bona fide fringe benefits (or cash equivalents mereor) due at time 01 payment The payment Shall be computed at wage rates not less than those contained in the wage determination of the Secretary of labor (here inaRer 'lhe wage determination") whICh is attached hereto and made a part hereof, regardless of any contractual relalJOnship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional Classifications and wage rates conformed tJnder paragraph 2 of this Section N and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work In a prominent and accessible place where it can be easily seen by the woriters. For the purpose of this Section, contribulJons made or COSts reasonably anticipated for bona fide fnnge benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S,C 276a) on behalf 01 laborers or mechanics are considered wages paid to such la borers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof Also, for the purpose of thiS Section, regular comnbutions made Of COSts incurred for more than a weekly pened (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 penod. Such laborers and mecnanics shall be paid Ihe appropriate wage ra te and fringe benefits on the wage determina tion for the classification of work actually performed, without regard to Skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work In more than one classificallon may be compensated at the rale specified for each Classification for the time actually worked therein. proVided, that !he employe( s payroll records accurately set forth the time spent in each classifICation in which work Is performed c. An rulings and interpretations of tile DaVis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein Incorporated by reference In this Agreement 2 Classification: a. The SHA contracting officer shall requ re that any class of laborers or mechanics employed under the contract, which IS not listed In the wage determination, shall be claSSified in conformance With the wage determination b. The contracting officer st1all approve an additional ClaSSification, wage rate and fringe benefits only wilen the follOWing crrterla have been met ( 1) the work to be performed by the additIOnal Classification requested is net perfQ(med by a ciasSificatron in the wage determrnation, (2) the additional Classification IS utilized rn the area by the constructIOn Industry, (3) the proposed wage rate, Including any bona fide fringe benefits, bears a reasonable relatiohship to the wage rates COntained in the wage determination, and (4) with respect to helpers, when SUCh a classification prevails in Ihe area in which the work is performed. c. If the contractor or subcontractors, as appropnate, tne laborers and mechanics (if known) to be employed In the additional classlficallon Of their representatives, and the contracting officer agree on the ClaSSification and wage rate (IncJudrng the amount designated for fringe benefits where appropnate), a report of Ine action taken shall be sent by tne contracting offICer to the DOL. Administrator Of the Wage and Hour Hour Division, Employment Standards Administration, WaShington, D.C. 20210 The Wage and Hour Administrator, or an authorized representative, Will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or WIll notify the contracting officer Within the 30-day period tnat additional lime IS necessary d In the event the contractor or subContractors, as appropnate. the laborers or mechanics to be employed in the additional cJassiflCalJon or their representatives, and Ihe contracting otticer do not agree on the proposed classification and wage rate (indudrng the amount designated for fringe benefits, where appropriate), the contracting officer shall reler the questions, including the views of all interested parties and the recommendation of the contracl lng officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative. will issue a determination within 30 days of receipt and so advise the contracting officer or wit! notify the contractir"lg officer withrn the 30-day period that additional time is necessary e. The wage rate (inCluding fringe benefits where appropnate) determined pursuant to paragraph 2c Of 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on whicn work is performed In the claSSification. 3 Payment of Fringe Benefits: i!I. Whenever the minimum wage rate prescnbed in the contract lor a class of laborers or mechanics [ncludes a fringe benefit wt1ich Is not expresSed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If me contractor or subcontractor. as appropoa te, does not make payments to a trustee or other third person, t1e1she may conSider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated 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 tna 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. " Apprentlces and Trainees (Prog rams of the U.S. DOL) and Helpers: a. Apprentices; (1) ApprentICes will be permitted to work at less than the predetermined rate for the work they performed when they are emplOyed Exhibit I -Page 3 of B REQUIRED BY 23 CFR 633.102 - pursuant to and Individually registered in a bona fide apprenticeship program registered With the DOL. Employment and Training AdmlnlstrallOn, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in hlSlher first 90 days of probationary emplOyment as an apprentice In such an apprenticeship program, who is not Individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) 10 be eligible for probationary employment as an apprentice (2) The allowable r<ltlo Of apprentices to JourneymM-level employees on the job site in any Ct<ltt ci<lsslficatlon shall not be greater !h<ln the rallO permitted to the contractor as to Ihe en~re work force under the regislered program Any employee listed on a payroll al an apprentice wage rale, who IS not registered or otherwise employed <IS stated above, shall be paid nol less than the applicable wage rate listed In 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 delermnalion for the work actually performed, Where a contractor or subcontractor is performing construction on a project in a locallty other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rale) specified In the contractor's or subcontractor's registered program shall be obset\led (3) Every apprentice must be paid at not less than the rate speCIfied In the registered program for the apprentice's level of progress. expressed as a percentage of the journeyman-level 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 Ihe Administrator for the Wage and Hour Oivision determines thaI a different practice prevails for the applic<lble apprentice classificallon, fringes shall be p<lid in accordance with Ihat determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program. the contractor or subcontrador WIll no longer be permitted to utilize apprentices at less than the applicable predetermined rate for !he comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5,16, trainees will no! be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman-level employees on the job site shal! not be greater than permitted under the plan approved by the Employment and Training Administration. Ally employee listed on the payroll at a trainee r<lle who is not registered and participating in a training plan <lpproved by the Employment and Training Admlnistriltion shall be paid not less Ih<ln the applicable wage rate on the wage determination for the classifICation of wolk actu<llly performed. In addition, any trainee performing work on the job site In excess of the ratio permitted under Ihe registered program shall be p<lid not less than the applicable wage rate on the wage determination for the wot1l: actuallV performed. (3) Every trainee must be paid at not less lhan the rate specified in the approved program for hislher level of progress, expressed as a percentage of Ihe journeyman-level hourly rate specified in the appllcabte wage determination. Trainees shall be paid fringe benefits In accordance with Ihe provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amounl of fringe benefits lisled on Ihe wage determinaUon unless the Administrator of the Wage and Hour Division determines thai there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full Iringe benefils for apprentices, ItI which case such trainees shall receive the same fnnge benefits as apprentices (4) In the eventlhe Employment and Training Administration withdr<lws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the wor\l. performed unlit an acceptable program is <lpproved, c Helpers. He'pers WI ~ I be permitted to work on a projecl if the helper claSSlfic<ltlon IS SpeCIfied <lnd defined on the applicable wage determlnahon or IS approved pursuant to the conformance procedure set forth in Section rv 2. Any worker fisted on a paVroli at a helper wage rate, who IS not a helper under a approved detiOilion, shall be paid not less than the applicable w<lge rate ()(I the wage delermin<ltion for the classification of work actually performed 5. 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 01 Transportation as promoting EEO 10 connecuon With Federal-aid highway construction programs are not subject to the requirements of par<lgraph 4 01 this Section IV The Straight time hourlv 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 6. Withholding: The SHA shall upon ItS own <lctlon or upon wntten request 01 an authOrIzed representative of the DOL Withhold, or cause 10 be WIthheld, from Ihe contractor or subcontractor under thiS Agreement or any other Federal contract with the same pnme contractor, or any other FederaUyaSSisted contract subject to D<lvls-Baccn prevailing wage reqUirements which IS held by the s<lme pnme contractor, as muCh of the accrued payments or advances as may be conSidered necessary to pay laborers and mechanics, Including <lpprenoces, trainees, and he!pers, employed by the contractor or any subcontractor the fu ll amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, induding <lny <lpprentlce, trainee, or helper, employed or working on the site of the work, all or part of the wages required by Ihe contract, the SHA contracting officer may, after written notice to tl'1e contractor, IiIke such action as may be necessary to cause the suspension of any further payment. advance, or guarantee of funds !Jnlll such ViolatiOns have ceased. 7. Overtime Requirements: No contractor or subcontractor contractmg for any part of the contract work which may require or Involve the employment of laborers, mech<lnics, watd1men, or guards (Including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require Of permit any laborer, mechanic, watchman, or guard in any workweek in which he/she Is employed on such work, to work in excess of 40 hours In such workweek unless such laborer, mechanic, walchman, or guard receives compensation at a rate nol less than one-and-one-half limes hislher basic rate of pay for all hours worked in excess of 40 hours in such workweek, 8. Violation: Liability for Unpaid Wages, liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontrador responSible thereof shall be liable to the affected employee for hisfher unpaid wages In addition, such contractor and subcontractor snail be liable to the United States (in the case of work done under contract for the District of Columbi<l or a temtory, to such District or to such territory) ror liquidated damages. SuCh liquidated damages shall be computed with respect to each Individual laborer, mechanic, watchman, or guard emP/oyed in violation of the clause set fOl1h in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard w()l'k week of 40 hours WIthout payment of the overtime W<lges required by the clause set forth in paragraph 7, 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own acllon or upon written request of any authorized representative of the DOL withhold , or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime corurador, Of any other Federallyassisted contract subject to the Contract Wolk Hours and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy' any liabilities of sUCh contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above Exhibit I -Page 4 of 8 REQUIRED BY 23 CFR 633.102 -- V, STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subContracts, except for projects located on roadways classified as local roads or rural collectors, whlCn are exempt ) 1 Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of tile Secretary of labor whlc/1 are herein mcorporated by reference 2 Payrolls and Payroll Records: a Payrolls and basic records rela ting thereto shall be maintained by the contractor and eac/1 subcontractor during the course of Ihe work and preserved fOf a period of :3 years 'rom the date of completlon of the contract for all taborers , mechanICS, apprenticeS, tramees, watchmen, helpers, and guards working at the site of the work b The payroll records shall contain tOe name, sOCIal secunty number, and address of each suc/1 employee, his or her correct classificatlon; hourly rates of wages paid (InCluding rates of contributions or costs antiCipated for bona fide fringe benerlts or cash equlyalem thereof the types descflbed in Section 1(b)(2)(B) Of the Davis Bacon Act); daily and weekly number 01 hours worked; deductions made; and actual wages paid In addl1lon, for Appalachian contracts, the payroll records shall contain a notation indicating whether Ihe employee does, or does not, normally reside in the labor area as defined In Attachment A, paragraph I , Whenever the Secretary of labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer Of mechanIC Include Ihe amount of any costs rea sonably anticipated in providing benefits under a plan Of program described in Section 1 (b)(2)(B) of the DaYls Bacon Act. the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financiallV responSible, that the plan or program has been communicated In wntlng to the laborers or mechaniCs affected, and snow the cost anticipated or the actual cost Incurred in in providing benefits, Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence 01 the registration 01 apprentices and tramees, and ralJos and wage rales preSCribed In Ihe applicable programs. c Each contractor and subcontractor shall lurnlsh, each week in which any contract work. is performed, to the SHA resident engineer a payroll of wages paid each of its employees (InclUding apprentICes, trainees, and helpers, descnbed in Section IV, paragraphs 4 and 5, and wa tchmen and guards engaged on work. dunng the preceding weekty payroll periOd), The payroll submitted shall set oul accurately and completely all 01 Ihe information required to be maintained under paragraph 2b of thiS Section V, This information may be submitted in any form desired Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005.0014-1), U,S, Go .... ernment Printlng Office, Washington, D.C. 20402. Tne prime contractor is responsible for the submission 01 cop:es of payrolls bV all subcontractors, d. Each payroll submitted shall be accompanied by a "Statement of Compliance,-signed by the contractor or subcontractor Of hislher agent who paVs Of supervises the payment of the persons employed under the contract and shall certify the following : (1) that the payroll for the payroll period contains Ihe information required to be maintained under paragraph 2b of this Section V and tnal such inlormation is correct and complete; (2) that such laborer or mechanic (inCluding each helper, apprentice, and tramee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the lull wages earned, other than permissible deductions as set forth in the Regt.Jlations, 29 CFR 3; (3) Ihat each laborer or mechanic has been paid not less tnat the applicable wage rate and and fringe benefits or cash equivalent for the dasslficatlon of worked performed, as speCJfied in the applicable wage determination incorporated into the contract e. The weekly submission of a properly executed certifICation set forth on the reverse side of Optional FOfm WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V, I The falSification 01 anv of the above cer1lfications may subject the contractor to ciyil or cnmlnal prosecution under 18 USC 1001 and 31 USC 231 g The contractQ1' or subcontractor shaU mao(e the records requited under paragraph 2b of this Section V available lor Inspecllon, copying, or transcri ption by authorized representatIVes of the SHA, tne FHWA, or tne DOL, and shall permit such representatives to Interview employees dUfing working hours on the job, If the contractor Of subcontractor fails to submit the required records or to make them ayailab:e, the SHA, the FHWA, the DOL, or afl may, after wfllten notice notice to the contractor, sponsor, apptlcanl, or owner, take such actions as may be necessary to cause Ihe suspension 01 any further payment, advance, or guarantee of funds, Furthermore, fai ture to submit the required records upon request or to make suCh records ayailable may be grounds lor debarment action pursuant to 29 CFR 5 12. VI. RECORD OF MATERIALS, SUPPId~S , AND LABOR 1 On all Federal-aid contracts on the National Highway System, except thOse which provide solely for the installation of protective devices at rai lroad grade crossings, those which are construcled on a force account or direct labor basis, highway beautification contracts, and contracts for 'Nhich the tolal final construction cost for roadway and bridge Is less Ihan $1,000,000 (23 CFR 635) the contractor shall a, Become familiar WlIh the list of specifiC materials and supplies contained In Form FHWA·47, "Statement of Materials and labor Used by Contractor of Highway Construction InvolVing Federal Funds: prior to the commencement of work under this Agreement b Maintain a record of the total cost of all materials and supplies purchased for and Incorporated in Ihe work, and also of the quantities of those specifiC matenals and supplies listed on Form FHWA· 47, and in the units shown on Form FHWA-47, c, Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together With the data required in paragraph lb relative to materials and supplies, a final labor summary of aU contract work Indicating the lotal hours worked and the tOla! amount earned 2 At the prime contractor's option, either a Single report covering aU contract work Of' separate reports for the contractor and for each subcontract shall be submitted, VII, SUBLETTING OR ASSIGNING THE CONTRACT 1, The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percenlage if specified elsewhere in the contract) 01 the total original contract price, exduding any specially items designated by the State, Specialty Items may be performed by subcontract and the amount of any such specialty ilems performed may be deducted from the total original contract price befOfe computing the amount of work requited to be perfOfmed by the contractor's own organization (23 CFR 635) a. ~ lIs own organization~ shall be construed to ioclude only workel'3 employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or witholJt operators. Such term does not Include employees or equipment of a subcontractor, assignee, or agent 01 the prime contractor, b. "Specialty lIems" shall be construed to be limited to work thai reqUires highly specialized knowledge, abilitieS, or equipment not ordinarily ayailable in the type 01 contracting organizations qualified and expected to bid on the contract as a whole and In general are to be limited to minor components of the overall contract. 2, The contract amount upon whiCh the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured producls which are to be purchased or produced by the conlractor 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 dIrect performance of the work in accordance with the contract requirements, and is in charge 01 aU construction operalJons (regardless of who performs the wOfk) and (b) such other of Its own orgahlzationaJ resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure Ihe performance of the contract. 4, No portion of the contract shall be sublet, assigned or otherwise Exhibil I -Page 5 of 8 REQUIRED BY 23 CFR 633.102 - disposed of except wilh the wnl1en consent of the SHA contractirtg officer, or authorized representative, and such consent when given shall not be construed to rel ieve the contractor of any responsIbility tor the fulfillment of the contract Wril1en consent will be given only after the SHA has assured that each subcontract IS eVidenced in wntlng and that it contains all pertinent provisions and requirements of Ihe prime contract. VIII. SAFETY: ACCIOENT PREVENTION I. In the performance of this Agreement the contractor shan comply with all applicable Federal, Slate, and local laws governing safety, health, and sanitatlOO (23 CFR 635). The contractor Shall provide ali safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to proted properiy in connection with Ihe performance of the work covered by the the contract. 2. II is a condiuon 01 thiS Agreement, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this Agreement, that the contractor and any subcontractor shall not permit any employee. in performance of Ihe contract, to work In surroundings or under conditions which are unsanilary,-hazardous or dangerous 10 hiSfher health or safety. as determined under constructJon safety and health standards (29 CFR 1926) promulgaled by the Secretary of Labor, in accordance With Seclion 107 of lt1e Contract Work Hours and Safety Standards Act (40 U S.C. 333) 3. Pursuant to 29 CFR 1926 3, it is a condition of this Agreement that Ihe Secretary of Labor or authorized representative thereof. shalt have right of entry to any site of contract performance to Insped or InveslJgate the mal1er of comptiance with the construction safety and health slandards and to carry OI.It the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 USC 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construcllon in conformity wah approved plans and specifICations and a high degree of reliability on statements and representations made by engineers, contractors, suppli. ers, and workers on Federal·ald highway projects. It is essential that ali persons concemed with the project perform their functions as carefully. thoroughly. and honestly as possible. Wil\rul falsification. distortion, or misrepresentation with respect to any facts related to the project IS a violation of FedElf'al law. To prevent any misunderstanding regarding the seriousness 01 these and Similar acts, the foflowing notice sha'i be posted on each Federal·ald highway project (23 CFR 635) in one or more places where it is readily available to ali persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGEO ON FEOERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: Whoever, being an officer. agent. or employee of the United Stales, Stales, 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, quanllty. or cost of the material used or to be used, or the quantity 01 quality of the worle performed or to be performed, or the cost thereof in connection with the submission o { 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 fafse statement, false representation, false report or false claim with respect to the characJer, quality, quantity, or cost of any worle performed or to be performed, or materials furnished or to be fumished, in connection with /he construction of any highway or related project approved by the Secretary of Transportalion; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant 10 provisions of the Federal'Bid ROBds Act approved July 1, '916, (39 Stat. 355), as amended and supplemented: Shall be fined not more /hat $10,000 or ImpriSoned not more than 5 years or both· X. IMPLEMENTATION OF CLEAN AIR ACT ANO FEDERAL WATER POLLUTION CONTROL ACT (Applicable to aU Federal·aid construction contracts and to all related subcontracts of S100,OOO or more.) By submiSSion of thiS bid or the execution of thiS Agreement, or subcontract. as approptlate, the bidder, Federal-aid construction contractor, or SUbcontractor, as appropTiate, will be deemed 10 nave stipulated as follows' \ That any faCility that IS or Will be utilized In the performance of thiS Agreement, unless such contract IS exempt under Ihe Clean Air Act. as amended (-'2 U.S C. 1857.w gg . as amended by Pub L 91·804). and under the Federal Water Pollution Control Act, as amended (33 USC 125t ~ a!;I", as amended by Publ. 92·500). Execuuve Order 11738, and regulations in Implementation Ihereof (40 CFR \5) IS notllsled, on the date of contract award. on the U.S EnVIronmental Protection Agency (EPA) List of Violating FaCIlities pursuant to 40 CFR 15 20 2 That Ine firm agrees to comply and remain in compliance wilh all the reoUirements of Section 114 of tne Clean Air Act and Section 308 of the Federal Water Pollution Conlrol Act and all regulations and gUidelines listed thereunder 3 Tnal Ihe firm shall promptly noMy the SHA of the receipt of any communication Irom the Director. Office of Federal Acuvllies, EPA, IndlC3ung that a facility that is Of wit, be utJlized for the contract is under consideration to be listed on tne EPA Ust of Violating Facilities. 4 That Ine firm agrees to Include or cause to be Included the requirements of paragraph 1 through 4 of thiS SectIOn X In every nonexempt subcontract. and further agrees to lake such action as the government may direct as a means of enforcmg such requirements XI. CERTIFICATION REGAROING OEBARMENT, SUSPENSION, INELIGIBILITY ANO VOLUNTARY EXCLUSiON Instructions Instructions for Certification -PrImary Covered Trans actions: (Applicable to all Federal-aid contracts -49 CFR 29) a. By Signing and submitting tnls proposal, the prospecltve primary participant )s prOViding the certification set out below. b The inability of a person to prOVide the certJticalion set oul below will not necessanly result in denlSl of participation In thiS covered transaction. The prospective pal'\lopant shall submit an exptanaoon of why It cannot provide the certification set out below The certifICation or explanation Will De considered in connectIon with the department or agency's determination whether to enter into this transacllon. However, tallure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material represenlation of fact upon which reliance was placed when the department or agency determined to enter into thiS transaction If II IS laler laler determined that the prospective primary partICIpant knoWingly rendered an erroneous certlficauon, In addition to other remedies available to the Federal Government, the department or agency may termmate this lransadion for cause of defautt d The prospective prImary partIcipant shall provide Immediate wnt1en notice to the department or agency to whom thiS proposal is submitted if any time the prospective primary particIpant learns Ihat !Is certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covefed transaction,~ "debarred." "suspended," "ineligible; "iower tier covered transaction." "participant," Mperson,H "prmary covered transaction," "principal," "proposal; and "votuntaflly excluded," as used In this clause, have the meamngs set out in the Oefini\lons and Coverage sections of rules implementing Executive Order 12549. You may COI1tact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations 1 The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, il shall not knowingly enter into any lower tier covered transaction wilh a person who Is debarred, suspended, declared ineligible, or voluntarily excluded from participation In this covered transactron, unless aulhOrized by the department or agency entering IOto this transaction. g The prospective pnmary participant further agrees by submitting thiS proposal that it Will Include the clause tWed "Certification Regarding Debarment SuspensIon, Ineligibility and Voluntary ExclusionLower Tier Covered Transaction," provided by Ihe department or agency Exhibit I -Page 6 of B REQUIRED BY 23 CFR 633.102 - entering Into this coyercd transactJon, without modification, in all lower Iler coyered transa ctions and In all solicltallons lor lower lIer coyered transactions h. A partiCipant In a covered transaction may rely upon a certification of a prospective partICipant in a lower ber covered transaction that IS not debarred, suspended, Ineligible, or VOIuntanly exduded from the covered transaction, unless It knows that the certification is erroneous. A partiCipant may deCide Ihe method and frequency by which It determmes the eligibility of its principals. Each partiCipant may, but IS not reqUired to, check the non-procurement portion 01 the "lists of Parties Excluded From Federal Procurement or Non-procurement Programs" (Non-procurement List) which is compiled by the General Services AdministratiOn. I Nothing contained In the foregoing shall be construed to require establishment of a system of records In order to render in good faith the certification reqUired by this d ause The knowledge and m/ormation 01 participant is not required to exceed that which is normally possessed by a prudent person in the ordmary course of business dealings J. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knov.ingly enters Into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction , in addi\lOn to other remedies available to the Federal Government, the department or agency may terminate this transaction lor cause or default Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Primary Covered Transactions t , The prospective pnmary partiCipant certifies to the best of its knOWledge and belief, thai it and Its principals: a Are nOI presently debarred. suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from covered transacltons by any Federal department or agency: b Have not wnh!n a 3-year perrod preceding Ihs proposal been convicted of or had a ciVil judgment rendered against them lor commission of fraud or a criminal offense in connecllon With obtaimng, attempting to obtain, or performing a public (Federal, State or local) transactiOn or contract under a public transaction; Violation Of Fede~al or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statemenls, or receiVing stolen property; cAre nol presently indicted for or otherwlse criminally or civilly charged by a governmental entity (Federal , State or local) with commissiQ(l of any of lhe offenses enumerated in paragraph tb of this certification; and d, Have not Within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospecltve primary partiCipant is unable to certify to any of the statements In thiS certifica tion, such prospective participant shall attach an explanatIOn to Ihis proposal. 2. InstrucHon! for Certification -Lower TIer Covered TransacUons: (Applicable to all subcontracts, purcl1ase orders and other lower tier transactions of S25,000 or more -49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier IS prOViding the certification set out below b The certificalion in this clause is a material representalion of fact upon which reliance was placed when this transaction was entered into. If it is laler determined that the prospectrve lower lief participant knaNingly rendered an erroneous certification, In addition to other remedies available to the Federal Government, the department. or agency with whiCh this transaclion originated may pursue available remedies, including suspension andlor debarment. c The prospectlye lower Iter partiCipant shall prOVide Immediate wnnen notice to the person to which this proposal is submitted If al any lime tne prospectIVe lower tJer partiCIpant learns that its certlficat!on was erroneous by reason of changed circumstances d The terms ~covered transaction" "debarTed ,~ "suspended," ·tnellglble ,~ ·prlmary covered transaction: "particIpant." "person," · pnncipal," ·proposal," and "voluntarily exd uded," as used in thiS dause, have the meamngs set out in the DefimtlOns and Coyerage secllons of rules fmplementmg Executive Order 12549 You may contact the person to which this proposal is submitted fOf assistance in obtaining a copy 01 those regulations. e. The prospecllve lower tier partiCipant agrees by sUbmlWng thiS proposal that. should the proposed covered transaction be entered InlO, It shaH not Io.nav.ingly enter Into any lower her covered transa ction with a person who IS debarred, suspended, declared ineligible, or voluntanly excluded Irom partiCipation in Ihis covered transaction, unless authorized by the department or agency With which It1IS transactIOn Oflgmated f. The prospectIVe lower Iler participant further agrees by submimng this proposal that it will h1ciude this clause titled HCertlficatlon Regarding Debarment. SuspenSion, Ineligibility and Voluntary ExcluslonLower Tier Covered Transaction," Without modification, in all lower tier covered transactions and in all sohcitatlons lor lower tier covered transactions g A participant in a covered transaction may rely upon a certification of a prospecllVe participant 10 a lower tier covered transactIOn thaI IS not debarred suspended, ineligible, or voluntanly excluded from the coyered transaction, unless it knows thai the certification is erroneous A partiCipant may decide the method and frequency by which it determmes the eligibility of its prinCipals Each partiCipant may, bUI is not required to , check the Non-procurement List h. Nothing contained in the foregOing sl1all be construed to require establishment of a system of records In order to render In good fa ith the certification required by thIs clause. The knowledge and Information of partiCipant IS not required 10 exceed that whIch IS normally possessed by a prudent person In the ordinary course of bUSiness dealings I Except for transactions authorized under paragrapn e of these Instructions, If a partiCIpant In a covered transactiOn knowingly enters InlO a lower tier covered transaction with a person who is suspended, debarred, ineligible, or vOluntanly 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 andlor debarment. Certification Regarding Debarment, Suspension, IneligIbility and Voluntary Excluslon--Lower Tier Covered Transactions: 1 The prospective lower tier participant certifies, by suomission of this proposal, that neither it nor its princi pals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in 'this transaction by any Fed eral department or agency. 2. Where the prospect.ye lower tier participalll IS unable to certIfy to any of the statements in this certification, such prospectIVe participant shall attach an explanation to this propor.al Xli. CERTIFICATION REGARDING USE OF CONTRACT FUNDS OR LOBBYING (Applicable 10 at! Federal-aid construction contracts and to all related subcontracts which exceed $100,000· 49 CFR 20) 1. The prospective participant certifies, by Signing and submitting this bid or proposal. to the best of his or her knowledge and beliel, that a. No Federal appropnated funds have been paid or will be paid, by or on behalf 01 the underSigned, 10 any person for influenCing or attempllng to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, at an employee of a Member of Congress in connection With the awardIng of Exhibit I -Page 7 of 8 REQUIRED BY 23 CFR 633.102 - any Federal contract, the making of any Federal grant, Ihe making of any Federal loan, tt1e entering Into of any cooperative agreement, and the extension, continuatIOn, renewal, amendment, or modification of any Federal contrac\. grant, loan, or cooperative agreement b If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this Federal contract. grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL. "Olsclosure Form to Report Lobbying," in accordance with its Instructions 2 This certification is a material representaUon of fact upon which reliance was placed when Ihis transaction was made or enlered mia, 2, Submission of ItHS certificaifon is a prerequiSite for making or entenng in lo this transactJon imposed by 31 U,S,C 1352. Any person who fails 10 file the required certification shall be subject to a civil pel1alty of not less than S10,OOO and not more than $100,000 for each such failure. 3 The prospective participanl 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 lIer subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly Exhibit I -Page 8 of 8 REQUIRED BY 23 CFR 633.102 - . -35. EXHIBIT J -FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to Ihe Work include: A. Uniform Administrative Requirements for Agreements and Cooperative Agreements to State and Local Governments (Common Rule) The "Uniform Administrative Requirements for Agreements and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18. except to the extent that other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation: i. the Local Agency/Conlractor shall follow applicable procurement procedures, as required by section 18.36(d); ii. the Local Agency/Contractor shall request and oblain prior CDOT approval of changes to any subcontracls in the manner, and to the extent requ ired by, applicable provisions of section 18.30; , iii. the Local Agency/Contractor shall comply with section 18.37 concerning any subAgreements; iv. to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other authorized representative, shall also submit a letter to CDOT certifying Local Agency/Contractor compliance with section 18.30 change order procedures, and with 18.36(d) procurement procedures, and wilh 18.37 sub-Agreement procedures, as applicable; v. the Local Agency/Contractor shall incorporate the specific contract provisions described in 18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. B. 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 sub-the Local Agencys). I C. Copeland Copeland "Anti-Kickback" Act The Copeland "Anti-Kickback" Acl (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and sub-Agreements for construclion or repair). D. 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 sub-the Local Agencys when required by Federal Agreement program legislation. This act requires that all laborers and mechanics employed by contractors or sub-contractors 10 work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor). E. Contract Work Hours and Safety Standards Act Seclions 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 Agencys Agencys and sub-the Local Agencys in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). F. Clear Air Act Standards, orders, or requiremenls 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). G. Energy Policy and Conservation Act Exhibit J -Page 1 of 3 Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). H. OMB Circulars Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable. I. 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. J. Nondiscrimination 42 USC 6101 et seq. 42 USC 2000d , 29 USC 794 , and implementing regulation, 45 C.F.R. Part 80 et. seq. These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal funds. ' K. ADA The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111-12117, 12131-12134,12141-12150, 12161 -12165, 12181-12189, 12201-1221347 USC 225 and 47 USC 611 . L. 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). M. Drug-Free Workplace Act The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.). N. Age Discrimination Act of 1975 The Age Discrimination Act of 1975,42 U.SC. 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 implementing regulation 45 C.F.R. Part 84. 0.23 C.F.R. Part 172 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts". P. 23 C.F.R Part 633 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction Contracts". Q. 23 C.F.R. Part 635 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions". R. 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. S. Nondiscrimination Provisions: S. Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: i. Compliance with Regulations The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. Exhibit J -Page 2 of 3 ii. Nondiscrimination The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21 .5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. 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 be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. . , iv. Information and Reports The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information. v. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a, Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation, termination or suspension of the contract, in whple or in part. T. Incorporation of Provisions§22 The Contractor will include the provisions of paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States. Exhibit J -Page 3 of 3 ATTACHMENT 3 City of ? Wheat R.L.dge ITEMNO:~ DATE: January I I, 20 I 0 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ENCUMBER FUNDS FOR 2010 FUEL, GRANULAR DEICER AND LIQUID DEICER PURCHASES IN AN AMOUNT NOT TO EXCEED $400,000 D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: -----/.. .-n"--k ISSUE: D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2ND READING DYES ~ NO The Public Works Department is requesting an encumbrance of funds to purchase diesel and unleaded fuels, granular deicer materials and liquid deicers for 2010. Each of these purchases typically exceeds $15,000. Encumbrance of these funds also facilitates a prompt payment process to the respective vendors. PRIOR ACTION: The approved 2010 Budget includes funding for fuel and street deicers. FINANCIAL IMPACT: The estimated amount needed to pay for diesel and gasoline fuel for 20 lOis $270,000. The estimated amount needed to pay for granular and liquid deicers for 20 lOis $130,000. Both encumbrances can be accommodated in the Public Works General General Fund Budget in Account Number 01-303-650-661, Oil and Gas, and in Account Number 01-303-650-660, Operating Supplies. BACKGROUND: The current spending approval limit of the City Manager's Office is $15,000 as established by City Council on June 8, 2009. The Public Works Department makes as-V:\Forms\CAFtempiate Council Action Form January 11 , 2010 Page 2 needed bulk purchases of diesel and gasoline fuel, granular deicer materials and liquid deicers, each of which often exceed $15,000 per purchase. RECOMMENDA TTONS: Staff recommends that the City Council approve encumbrance of $270,000 for the anticipated purchase of fuel for 20 I 0 and encumbrance of $\30,000 for the anticipated purchase amount of granular materials and liquid deicers for 2010. RECOMMENDED MOTTON: "I move to encumber $270,000 in Account Number 01-303-650-661, Oil and Gas for fuel purchases in 2010, and in accordance with Ordinance #787,1989 Series, I further move to encumber $130,000 in Account Number 01-303-650-660, Operating Supplies to purchase road salt and liquid deicers in 2010 and in accordance with Ordinance #787, 1989 Series." Or, "I move not to approve encumbering funds for fuel and deicers for the following reason( s) " REPORT PREP ARE DIRE VIEWED, BY; Greg Knudson, Operations Manager Tim Paranto, Director of Public Works ·, , : • r City of pWheat:~dge ITEM NO: UDATE: January I I ~ REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE AWARD OF ITB-09-33 SAFE ROUTES TO SCHOOL PROJECT IMPROVEMENTS TO KECI COLORADO IN THE AMOUNT OF $54,038 o PUBLIC HEARING [XJ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING o ORDINANCES FOR 2ND READING 7~~0I:u D~blic Works [XJ NO City~t ISSUE: The City and Compass Montessori-Wheat Ridge Charter School was successful in an application for a Safe Routes to School Grant, which will fimd pedestrian crossing improvements at 44th Avenue and Miller Street. The project includes the installation of two mid-block ADA ramps, two radar speed boards, two enhanced pedestrian crossing signs, and a crosswalk. The Federal grant amount is $60,000. The City will administer the project. The project is federally funded and was authorized by the City Council through an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) on July 14,2008. On November 24, 2009, four bids were received and all met the initial bid requirements. The apparent low bidder was KECI Colorado, Sedalia, Colorado in the total amollnt of$54,038. PRIOR ACTION: In July 2008, City Council approved Resolution 36-2008 authorizing execution of an IGA with COOT for this project in the amount of$3,500 for a school safety outreach effort. V:IFormslCAFtemplate Council Action Form January 11 , 2010 Page 2 On September 14, 2009, the City Council approved Resolution No. 46-2009. This resolution approved Contract Amendment # I to the lOA with the Colorado Department of Transportation for Project No. 16413, Pedestrian Improvements at 44th Avenue and Miller Street. The contract amendment adjusted the total grant amount to $60,000, which is an increase from the initial estimate of $56,500. FINANCIAL IMPACT: The funding for this project is provided by a grant from Federal sources through the Colorado Department of Transportation (CDOT). However, CDOT requires that the City fund the project costs and seek reimburse upon completion. A purchase requisition for $56,500 was approved in 2008 from the Capital Investment Program Fund to finance the project. While the grant amount is $60,000, the currently encumbered funding is expected to be sufficient to complete the project. The project cost will be reimbursed upon completion of the work. Therefore, there will be no financial impact to the City for construction of this project. BACKGROUND: In late 2006 the Compass Montessori Charter School and the City applied for a Safe Routes to School Orant to fund an improved crossing of 44th Avenue near the school. CDOT, the grant administrator, approved the grant application in 2007. To insure grant funding, CDOT required that the City enter into an lOA, even though Federal authorization was not in place. The initial agreement authorized by the City Council on July 14, 2008 approved the project and allowed Federal au.thorization of the grant. The September 14,2009 Contract Amendment increased the total grant amount to $60,000, based upon revised construction estimates for the project. The project consists of installing lighted crossing signs, new sidewalk ramps and relocating an existing crosswalk east of its current location at Miller Street on 44th Avenue. In addition, speed boards will be installed east and west of the new crossing to draw attention to the speed limit and pedestrian crossing. The estimated cost of the project is $60,000 and will be fully funded by the grant. Bids for the Safe Routes to School Project, #T-OI-07, were opened on Tuesday, November 24,2009. Four bids were received. The project contract provides labor, equipment, materials and construction. The bids ranged from $54,038 to $72,131 .50. The Engineer's Estimate for the project was $54,789.45. The most qualified and apparent lowest responsible and responsive bidder is KECl Colorado Inc. , Sedalia. Based upon the contractor's demonstrated capabilities and performance on previous similar projects, Staff recommends award of the project to KECI Colorado, Inc. in the amount of$54,038. A contingency amount of $2,462 is requested for the cost of other items related to the project. Council Action Form January 11 , 2010 Page 3 RECOMMENDATIONS: Staff recommends the project be awarded to KECI Colorado, based on experience, qualifications, pricing, and CDOT approval. RECOMMENDED MOTION: "I move to award TTB-09-33, Safe Routes to School Project to KECI Colorado, Sedalia, in the total base bid amount of $54,038. I further move that a contingency amount of $2,462 be approved. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $56,500. I further move that all costs associated with this contract be paid from account number 30-303-800-884, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series." Or, "I move to deny award of lTB-09-33 2009 Safe Routes to School Project for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Steve Nguyen, Engineering Manager J Tim Paranto, Director of Public Works Linda Trimble, Purchasing Agent ATTACHMENTS: I. Project Site Map 2. Bid Tabulation Sheet -L. 7TH PL ~ 'I FH A\~7, t/il, '17TH PL J. ~ ~: l 47n1 AVE " ':i. I , 46TH PL , 45TH AVE J , , IL_ "'m~ 4'iTH ' 'IF -14L.TH PL Jl . 1--\ 0 W 0:: o o > 15 44TH, .'::..P~L .+-__ C-7 ~ _ ~J F-. n!:TH AVE \ -~ ] It '-----~ t:i; 1---' fv~ 1 ~) i~ \.. 1-' 4 1ST PL 4 1ST lIVE ~ ( ta:: IIi 2' J W 0 rr u 0 ~( 0 ~ i ~ \. \ 43RJ AVE U ~CT 43RD AVE SITE 41 ST AVE ATTACHMENT 1 o Z ...J (L r CDOTSRTS MaxMin iT -01-07 SRTS , :'I Miller Item# Item KECI COLORADO, INC H&l INC ORM CONCRETE CON TECHNOlOG'! Construction UNIT PRICE TOTAL UNIT PRICE' TAL UNIT PRICE TOTAL UNIT PRICE TOTAl 201 Clearing & Gn $ 00 Clearing & GrubbinQ 202 Removal of Structures & Obsl a Removal of Concrete Sidewalk Removal of Curb & Gutter Removal of Traffic Si n LS $300.00 $ 30 SY , $ $20.00 $ " S 335.00 $ 335.00 $ 2,820,00 S 30.00 $ 900.00 $ 40.00 I -.. --S 10.00 $ 320.00 I :j 'tu.uu $ 1,1 57,00 $ 1,157.00 $ 250.00 $ 250.00 ~ 21~~ ~ 6:0~~ $ 33,60-1-S 1,008.00 {25~' S 25.00 I $ 50.00 $ 63.00 )3 Excavation & Embankment 1$ Earthwork -Rough Grade 39 SY $1 ,00 S 39,00 S 6,00 $ 234.00 $ 20.00 $ 2.75 $ 107.25 $ 39 SY 56.001 $ 234.001 S 1 • . 00 I $ 624.00 I $ 20 . 00~S 5.75 1 $ 224.25 $ Erosion Control $ 4,930.00 ' 17.00 $ 663,00 15.00 S 585.00 c Force Account-Erosion Control 500 DOL $1.00 $ 500.00 $ 1.00 $ 1.00 -1.00 d Erosion Control Supervisor 5 HR $50.00 $ 250.00 $ 45.00 $ 225.00 $ 40.00 $ 200.00 $ 226.00 a Storm Drain Inlet Protection 6 Each $350.00 $ 2,100.00 $ 200.00 $ 1,200.00 $ 210.00 $ 1,260.00 $ 220.00 b Concrete Washout Structure 2 Each $1 .000.00 $ 2.000.00 $ 150.00 $ 300,00 $ 140.00 $ 280.00 $ 1.100.00 -42.00 S 210.00 175.00 S 1,050.00 225:00 $ 450.00 c Labor 2 HR $40.00 $ 80.00 $ 25.00 $ 50,00 $ 30.00 $ 60.00 $ 40.00 = 32.00 $ 64.00 210 Reset Structures $ 300.00 Reset Traffic Sign 2 Each $150.00 $ 300.00 $ 80.00 ' S 160.00 $ 115.00 $ 230.00 $ 145.00 $ 95.00 S 190,00 211 Landscaping $ 300,00 landscape Restoration 1 lS $300.00 $ 300.00 $ 500.00 $ 500.00 $ 1,000.00 $ 850.00 S 850.00 $ 850.00 $ 850.00 608 Sidewalks & Bikeways S 3,890.00 I a PattemConcrete 4") 7 SY $70.00 $-. 490.00 $ 144.00 $ 1,008.00 $ 150.00 $ 1,050.00 $ 87.00 ,$ 609.00 $ 225.00 b ISidewalkRamp(Midblock 2 Each $1 ,700.00 $ 3.400.00 $ 1,700.00 $ 3,400.00 $ 2,500.00 $ 5,000.00 $ 1,251 .00 ' $ 2,502.00 $ 1,700.00 $ 3,400.00 614 Traffic Control Devices S 25,780.00 a Traffic Si n 2 Each $350.00 $ 700.00 $ 115.00 $ 230.00 S 1,240.00 $ 141.00 $ 282.00 $ 130.00 $ 260.00 b Pedestrian Flashing Sign 2 Each $6,000.00 $ 12,000.00 $ 7,500.00 ' $15,000.00 $ 5,800.00 $11,600.00 $ 9,440.00 $ 9,000.00 $18,000.00 c Speed Board Sign 2 Each S6,000.00 $ 12,000.00 $ 7,800.00 $15,600.00 $11 .456.00 $ 9,890.00 $19,780.00 $ 9,400.00 $18,800.00 d 3"Conduitw/12 M Trench 50 IF $20.00 $ 1,000.00 $ 13.00 $ 650.00 $ 15.52 S 776.00 $ 16.50 $ 16.00 $ 800.00 e ,Ped Sign Cable 40 IF $2.00 $ 80.00 $ 1.30 $ 52.00 $ 7.75 $ 1.75 $ 70.00 $ 2.00 $ 80.00 c')n C'1",ltf C'", ... Ult;"'~ S . .... .... t . _._ ... ... ... .. ~.,g Tape (24") 630 Construction ~ Traffic Control r 720 Materials Sam lin & Testin s Sampling & Testing Total 1 70 15°) $450.00 $ $ 1,1 LS $1 ,000.00 $ 1,1 $ 1,1 LS $1 ,000.00 i $ $ 100.00 $ 100.00 $ 140.00 S 140.00 $ 575.00 ' $ 665.00 $ 665.00 $ 970.00 $ 970.00 $ 1,305.00 1$ 4,000.00 . $ 4,000.00 I $ 4,000,00 I S 4,000,00 I $ 6,120,00 ' I $ 200.00 I $ 200,00 I s 1,000.00 I $ 1,000,00 1$ 3,000,00 '$ 3,000,00 ~~$ LF 2,1( 1$ 20.00 I $ 1,400.00 I $ 22.00 $ 1,540,00 I $ 28,75 Is 24,00 I $ 1,680,00 I $30.00 I $ -LS 1$ LS ~ I I ~ I 1; 5,400,00 I $ 3,~i $ 3,640.00 1$ 8,306.00 .. .c:" .... 7,048,95 ATTACHMENT 2 Page 1 of 1 I S 3,000.00 $ 3,000.00 $ 1,soo.00T $ ', ,600.00 SS9,999,00 ._-- , , • _ • City of p WheatRL.dge ITEM NO: 5, DATE: January II , 20 I 0 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 06-2010 -A RESOLUTION AMENDING THE FISCAL YEAR 2010 BUDGET" TO REFLECT ACCEPTANCE OF A GRANT IN THE AMOUNT OF $6,000 AND IN CONNECTION THEREWITH, APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $6,000 FOR DEVELOPMENT OF A MIXED USE ZONE DISTRICT WEBSITE. o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS QUASI-morcIAL: ISSUE: o ORDINANCES FOR I ST READING o ORDINANCES FOR 2 ND READING DYES I ~ NO City~; '9 The City is developing a new mixed use zone district to promote mixed use development in targeted areas of the City. An important aspect of developing this new zone district is obtaining property owner and public input concerning urban design, height and density, types of uses, etc. The City has secured a grant from the Colorado Association of Local Public Health Officials (CALPHO) through Live Well Wheat Ridge to develop a dedicated website to provide information to, and and seek input from the public on the new mixed use zone district. The website will be used to provide public meeting announcements, post draft documents, provide survey opportunities and to provide other methods of public input. A budget amendment is required to reflect the acceptance of the $6,000 grant and to appropriate it to the mixed use zone district website. PRIOR ACTION: None Council Action Form January 11 ,2010 Page 2 BACKGROUND: For the past few years, the Community Development Department has been working on revisions to the zoning code as recommended in the Neighborhood Revitalization Strategy (NRS) and more recently in the Envision Wheat Ridge Comprehensive Plan. A high priority item has been the creation of a new mixed use zone district to encourage the development or redevelopment of properties to mixed use. The current zoning code does not have a mixed use zone district as a base zone district. There is a Planned Mixed Use District (PMUD) and limited allowances for mixed residential and nonresidential uses on commercially zoned property. With this, the only opportunity for true mixed use in the City is within ,the planned development process -meaning a rezoning process and site-specific development plan. This presents challenges to encouraging mixed use development. In order for a mixed use project to materialize, a developer must commit to undertaking a six-month rezoning process without 100% certainty of the outcome; while in the process developing a plan that may have limited flexibility to evolve through time as planned developments are by nature site-specific. A base zone district sets forth general development parameters -allowed uses, setbacks, building heights, etc. -without getting into a site plan level of detail. With this, much more flexibility is established to respond to market conditions for any given site. The Community Development Department has initiated the process of developing the new mixed use zone district and has scl;teduled the first of several property owner meetings for targeted locations in the City. The website will support this effort by providing a dedicated means to provide information to property owners and the public and to solicit feedback on the new mixed use zone district. FINANCIAL IMP ACT: The funding for this project is provided by a grant from CALPHO. The Association will provide the City a check in the amount of $6,000 to cover the cost of the project. The grant also requires the City provide an in-kind donation which will be comprised of staff time to manage the project. The City will contract with a consultant to develop the mixed use website to be paid by the CALPHO grant. Staff has received a quote from a firm that specializes in website development for land use projects that is within the grant amount. RECOMMENDATIONS: Staff recommends the budget amendment and appropriation of $6,000 for development of a mixed use zone district website. Council Action Form January 11,2010 Page 3 RECOMMENDED MOTION: "J move to approve Resolution No. 06-2010, a resolution amending the fiscal year 2010 Long Range Planning Budget account number 01-123-600-704, to reflect acceptance of a grant award in the amount of $6,000 and to appropriate the funds for development of a mixed use zone district website." Or, "J move to postpone indefinitely Resolution No. 06-2010, a resolution amending the fiscal year 2010 Long Range Planning Budget to reflect acceptance of a grant award in the amount of $6,000 and to appropriate the funds for development of a mixed use zone district website for the following reason(s) REPORT PREPARED BYj Sally Payne, Senior Planner Kenneth Johnstone, Community Development Director A TT ACHMENTSj 1. Resolution No. 06-20 I 0 2. J ndependent Contractor Agreement " CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 06 Series of 2010 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2010 BUDGET TO REFLECT ACCEPTANCE OF A GRANT IN THE AMOUNT OF $6,000 AND IN CONNECTION THEREWITH, APPROVAL OF A SUPPLIMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $6,000 FOR DEVELOPMENT OF A MIXED USE ZONE DISTRICT WEBSITE WHEREAS, the City Council has adopted the Neighborhood Revitalization Strategy (NRS) and the Envision Wheat Ridge Comprehensive Plan, both of which serve as guidance for the future development and redevelopment of the City; and , WHEREAS, the NRS and the Envision Wheat Ridge Comprehensive Plan recommend new mixed use development in targeted areas of the City; and WHEREAS, the City is developing a new mixed use zone district to promote the desired mixed use development and wishes to educate the public and obtain input from them on the new district; and WHEREAS, the City has secured a grant with the Colorado Association of Local Health Officials (CALPHO) to develop a dedicated website website for the mixed use zone district project; and WHEREAS, the City will contract with a consultant to develop the website in an amount not to exceed the grant award; NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Budget Amended . The City of Wheat Ridge fiscal year 2010 Long Range Planning budget account number 01-123-600-704 shall be amended to reflect acceptance of a grant award in the amount of $6,000 and to appropriate these funds for development of a mixed use zone district website. Section 2. This resolution shall be effective upon adoption. DONE AND RESOLVED this 11th day of January, 2010. Jerry DiTullio, Mayor ATTEST Michael Snow, City Clerk I Independent Contractor Agreement This Agreement is made for the period of January II , 20 I 0 through August 15, 20 10 by and between the Colorado Association of Local Public Health Officials (CALPHO), in its capacity as fi scal agent for Jefferson County Public lIealth/LiveWel1 Wheat Ridge, and the City of Wheat Ridge. WHEREAS, CALPHO desires to sub-contract with Wheat Ridge to provide services in support of LiveWell Wheat Ridgc; NOW THEREFORE, CALPHO and the City of Wheat Ridge agree on the following scope of work: Contractor Scope of Work for City of Wheat Ridge' Project Name: City of Wheat Ridge Mixed Usc Zoning District Webs ite Project Agency: Jefferson County Public Health/LiveWel1 Wheat Ridge Project Agency Contact: Elise Lubell cluhell@ieffco.usor Molly Hanson 1Il01ly .hanson 7@gmail.com Fiscal Agency: Colorado Association for Local Public Hea lth Officia ls (CALPHO) Fiscal Agency Contact: Lce Thielen City of Wheat Ridge Project Manager: Sa lly Payne, Seni or Planner I Date: January II, 20 I 0 -August 15, 20 I 0 Dollar Amount provided to City o f Wheat Ridge: $6,000 Minimum In Kind Matching Requirement Provided by City of Wheat Ridge: $1.425 Project Description : The Cily of Wheal Ridge H'ill develop ami illlp/ell/em a mixed lise =olling educational \l'chsile. The wehsile will provide illforlllolioll ami resources related 10 mixed lise, modelordinul/ci! policies. draft doclim ents alld plol/s, publici:e COJlllJlllllily educational fo rulIls lIlld churrl!lIes, post comlllwlily mee/il1R outcomes. (1m/solicit. capture (llld c(lta/ogue communi/y il1plll all COlmIJ1I11i~l' redesign related 10 mixed use, slreels(,lIpe. height and denSity, and enhancements to support 1101/motorized trw/spor/lilion. ()elivcnlblcs: I . Dcvelop and implemcnt a website • Sel up a \\'ebsite server and database A TT ACHMENT 2 • Develop the \\chsite information architect ure and preliminary design • Develop content types for drafts. meetings notes, events, elc. • Develop front-end display o f posted content (v iews) • Develop theme and slyle s ite according to des ign • Provide performance lUning (speed lip site) • Establish domain name • Host the website • Implemellt measurement or tr:lcking too l to COLIllt "users)' or " hil s" (Q the website 2. Provide website updates and maintenance • Provide ongoing updates and maintenance to the website • Update relevant information on cOlll munity forums and educational sessions. links to relevant websitcs. post model policy and ordinance limguage, post meeting outcomes. post draO documents. etc. • Implement "community j ournal" to so licit, capture and catalogue cOllllllunity input City of Wheat Ridge In Kind M:ltching SCI-viccs: I. Website technical developmenl 2. Webs ite updates Reporting: City of Wheat Ridge will conlact Jefferson Counly Pu blic Hea lthl LiveWell Wheat Ridge Projeci Agency Contact by March 15,20 I 0 to provide a mid-implementation verbal rcp0I1. T his verhal report will describe progress to-date and a detailed description of del ivc rab les Ihal will be completed under this Scope of Work by August 15. 20 I O. The foll owing deliverables will be provided 10 Je flc r>oll COUIII) Public l-Iealth/LiveWell Wheal Ridge Project Agency Contact no laler than Augllsl 15.20 I 0: (I) St ill shots of the \I ebs ite and (2) A count or the total number or " visitors" or "users," to the website per month. All final prod ucts, wcbsites and/or collatcrall1lalcria l will contain this language: F1fIlli;IIJ!, For 7M.\" Projeci Was Made Possible by LiI'eWell Wheal lIid!!.e. All work product becomes property of Cily of Wheat Ridge and Jeffe rson Counly Public I Ieallh LiveWcll/Wheat Ridge. City of Wheat Ridge will prov ide Jefferson Counly Public I lea lth/LiveWcll Wheat Ridge the names of vendor(s) used to complete the de liverables by August 15.20 I O. The City of Wheal Ridge wi ll provide an acco unting of how the funds were spent. Cily of Wheat Ridge wi ll retain " II vendor(s) in vo ices used 10 complete deli ve rables. Jefferson County Public Ileal thl Li ve\Ve l1 retains the right to collect these invoices al any time in the nC:\l t\\'o years. COMPENSATION, As compensalio n in fu ll for work performed under this Agreement. the C ity o f Wheat Ridge will rece ive $6000 pri o r to Ihe completion of the scope o f work 2 and the deli verables. The City of Wheat Ridge assumes all responsibility for completion of work by August 15,20 10. The funds must be used for the stated purpose in the SOW. Any unexpended funds need to be returned to the fi scal agent, unless the fiscal agent and the vendee can agree on "re-a ll ocation" with an amendment to their work plan . The City of Wheat Ridge is accountable to the Fiscal agent who is currentlv Ci\LPIIO. The vendee will be notified if the Fi sca l Agent changes. Lee Thielen Executive Director CALPHO 800 Grant St., Stc JJ5 Denver, CO 80203 :f; ' ig:" d and »'te~ ~ ~ /-'5 -°1 ----'-----City or Wheat Ridge 7500 West 29'" i\ wnue Wheat Ridge. CO 80033 Signed and Dated J City of ? WheatRL.dge ITEMNO:~ DATE: January 11,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: PRESENTING THE PROPOSED CHANGES TO COUNCIL RULES OF ORDER AND PROCEDURE . , o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (mmJdd/yyyy) o ORDINANCES FOR 2 ND READING (mmJdd/yyyy) QUASI-JU,D ICIAL: o YES I:8J NO Mayor pro tern ISSUE: According to the current Rules of Order and Procedure, City Council Rules are to be reviewed by Council within three months of an election. Mayor pro tern Reinhart and Council Member Berry have reviewed the Council Rules and propose changes as outlined in the attached document. Motion for approval of the proposed changes will be on January 25, 2010. PRIOR ACTION: At the Council Study Session on January 4, 2010, consensus was to bring the proposed changes to the January 11 , 2010 City Council Meeting for review. FINANCIAL IMPACT: BACKGROUND: RECOMMENDATIONS: RECOMMENDED MOTION: V: IFormslCAFtemplate Council Action Form January II , 2010 Page 2 REPORT PREPARED BY: Davis Reinhart, Mayor pro tern ATTACHMENTS: I. Council Rules with proposed changes , , . • , ~Of \VheatRL-dge RULES OF ORDER ANO PROCEDURE CITY COUNCIL WHEAT RID~E, COLORADO ATT ACHMENT 1 TABLE OF CONTENTS AUTHORITY ........ .. . .. ................................................................... ... ................. ........ 3 GENERAL RULES ....................................... ............................................................ 3-4 ABSENCE FROM MEETINGS ......... .. .... .. ......... ... ................................................ 3 RIGHT OF FLOOR .................................. ................ ...... .. ... .. ............... ............. 3 ELECTED OFFICIALS' MATTERS .. ................ .. ... ...................................... ........ .. 4 CITY ATTORNEy ........ . .... .. ............... .... ........ ............... ... ......... . ................... ... 4 CITY CLERK . .................. .................. ........ .................. ....... ......... . ...... .. .......... 4 PARLIAMENTARIAN .......................................................... ........... . .. .. .. ........ . ... 4 CODE OF CONDUCT 4 TYPES OF MEETINGS ............................... ... ......... .. .. ............... ... ...... .. ................... 4-6 BUSINESS MEETINGS ......... ........................... ......... ..... .... ... ........... .... . .... .. ... . . 4 SPECIAL AND EMERGENGY MEETINGS ............ .... .. ................ .. .. ... .... ... ........ ..... 5 ADJOURNED MEETINGS .. ....... ....... ... ... .. ................................. ..... .. . .. .. , ....... ... . . 5 EXECUTIVE SESSIONS .................................................................... : .... .. ..... ... 5 INFORMAL MEETINGS ..... .. ....... .. ........ .. ....................................................... 5-6 ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS ............................................................... ... . ............................. 6 CHAIRMAN, MAYOR PRO TEM AND THEIR DUTIES .. ................................... ............... 6-7 CHAIRMAN .................................................................... ... ............................. 6 MAYOR PRO TEM . ..... .................. ..... .. ......................................................... 6-7 PRESERVATION OF ORDER .......... .......... .. ...................... .. ..... .......................... 7 POINT OF ORDER ....... ........... .... .... ....... .. ........................... ............. ..... .......... 7 ORDER OF BUSINESS AND THE AGENDA ............................................................... 7-10 ORDER OF BUSINESS ..................................................................................... 7 AGENDA ............................................................................ .. ... .... .. .. ...... .. ...... 8 AGENDA ITEMS ............................................................................................. 9 PUBLIC HEARINGS ..... .. ..... .. ... .............. .............. ............ ........... .. ..... ........ ...... 9 ORDINANCES ON FIRST READING ................................................................... 9 TIME OF ADJOURNMENT ... .. ........ .. ......................... .. ............. . .. ..................... 10 ORDINANCES, RESOLUTIONS, AND MOTIONS .... .. ............ ... ........... .. ............. .. 10 RECONDIDERATION ...................................... ........ ...... ... .... ..... . .. ....... ...... 10 CITY ATTORNEY TO APPROVE ................ ............................ . .. .. ....... ........... 10 crnZENS' RIGHTS ... ... . .. ... .................... ................................................................. 11 crnZENS' RIGHT TO SPEAK ..................... .................................................... 11 crnZENS' RIGHT TO SPEAK ON AGENDA ITEMS ............................................. 11 WRmEN COMMUNICATIONS ........ ..... .. ....................... ....... ... .. . ....... ....... ....... 11 SUSPENSION AND AMENDMENT OF THESE RULES .......... .. .................... ... .. .. ..... .... 11-12 SUSPENSION OF RULES ............................................................ ................... 11 AMENDMENT OF RULES .. ... ........... .. ....... .. .......................................... .. . ........ 12 REVIEW .............. . ... ...... .......... .... .. . .. ....... .... .. ..... ... ... . ..... . ... ........ ................. 12 APPROPRIATIONS ... ...... .. ... ....... ............ .. .... .... ... ... ... .. ........... .... . ................... . ..... ... 12 2 RU LES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO AUTHORITY: The Charter of the City of Wheat Ridge provides that the Council may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Council until such time as they are amended or new rules adopted in the manner provided by these rules. GENERAL RULES A. ABSENCE FROM MEETINGS: In the event that a Council Member is absent from a meeting, the member shall notify the City Clerk, and the City Clerk will duly notify the City Council at the beginn ing of the meeting why said Council Member is absent. B. RIGHT OF THE FLOOR: 1. The presiding officer must first recognize each Council Member requesting to speak on an agenda item unless limited by a motion to limit debate or for calling the question. 2. Speakers shall confine themselves to the question under discussion. All discussion must be germane to the agenda item . 3. Members of Council shall avoid personal attacks and refrain from impugning the motives of any member's argument or vote. 4. Each Council Member shall have the right to speak two (2) times for up to five (5) minutes each time to ask questions on each agenda item. Answers to questions will pe included in the time and the time will not be cumulative. Before a vote, each Council Member shall have an additional three (3) minute period to make a summation . 5. No Council Member shall be allowed to speak more than once upon anyone agenda item until every other member choosing to speak thereon sha II have spoken . 6. Once a vote has been taken, there shall be no further discussion on that motion or Agenda Item unless a motion to reconsider is adopted . 7. In the event of an amendment, the maker of the amendment shall have one (1) three (3) minute period to make the amendment and speak to the amendment. All other members of Council shall have one (1) two (2) minute period to speak to the amendment. 3 C. ELECTED OFFICIALS' MATTERS: This is the time that elected officials and staff may make comments on any subject. Time limit per elected official and staff will be five (5) minutes. D. CITY ATTORNEY: The City Attorney, or acting City Attorney, shall attend all meetings of the Council unless excused by the City Council and shall, upon request, give an opinion, either written or oral, on the question of law. E. CITY CLERK: The City Clerk, or designated representative, shall attend all meetings of Council and shall keep the official minutes. F. PARLIAMENTARIAN : 1. The Mayor Pro Tem shall also function as the Council Parliamentarian. 2. The Parliamentarian shall advise the Cha ir and members of Council on parliamentary rules. G. CODE OF CONDUCT Councilmembers and the Mayor should not attempt to exercise individual >authority or influence over the City. Individual Councilmembers and the >Mayor will never lead the public or media to have the impression they >reoresent an official position of the City without being duly >authorized to do so through a vote of the majority of cQuncil. I TYPES OF MEETINGS A. BUSINESS MEETINGS: 1. The Council meets in the Municipal Building for Business, Study, Adjourned, and Special Meetings, unless otherwise specified. 2. Council Business Meetings are held the second (2'd) and fourth (4th) Monday of each month at 7:00 PM unless otherwise specified. 4 Formatted: Indent: Left: 0" Formatted: Indent: left: O~ i'a i r.. 3. Study Sessions are the first (1" ) and third (3'd) Monday of each month at 6:30 p.m., unless otherwise specified. 4. Study Sessions shall be for the purpose of discussion of concepts and ideas. No formal business shall be conducted. Consensus votes during all Study Sessions are non-binding, and unless the issue is disposed of at a Business, Adjourned, or Special Meeting, may be amended or reconsidered in that or any future Study Session. ADJOURNED MEETINGS: Any Meeting of the Council may be adjourned to a later date and time, provided that no adjournment shall be for a period longer than the next Council Business Meeting. EXECUTIVE SESSIONS: , , 1. The Council may meet in Executive Session on a vote of a majority of City Council in a regular business meeting (Charter-Sec 5.7). 2. No notes may be taken during an Executive Session except by the City Clerk and/or City Attorney. 3. If at any time during the session, a Council Member feels that a matter is being discussed other than that stated, that member should so state and may request that the session be terminated. Upon consensus vote of Council Members present, the session shall be terminated . INFORMAL MEETINGS: 1. Five (5) or more members of Co~ncil may attend informal meetings held for the purpose of acquiring information and discussion topics provided that public notice of the meeting is posted in the location establishing for posting of all Wheat Ridge meetings at least 72 hours prior to the meeting, listing the topic of the meeting, its location, time, and date. The location of this posting shall be the bulletin board outside the City Court room in City Hall. a) Copies of the notice shall be given to all City Council Members, the City Clerk, at least 72 hours before the meeting. b) The City Clerk is responsible for the posting of the Meeting. 2. Any THREE or FOUR Council Members may attend informal meetings held for the purpose of acquiring information and discussing topiCS. SUCH 5 Deleted: , 8. SPECIAL MEETINGS AND EMERGENCY MEETINGS:lI ~ Special Meetings are called by the City Clerk on written request. (Charter -Sec. 5.2) '11 ) ~leted: C i Deleted: D Deleted: E MEETINGS MUST BE OPEN TO THE PUBUC, BUT NO NOTICE IS REQUIRED UNLESS FORMAL ACTIONS WILL BE TAKEN. 3. Meetings involving no more than two Council Members, whether in person or by telephone, shall not be subject to any of the requirements in this Rule. 4. In no event, shall any vote or other action or decision be taken. This Rule (D.) (4) shall not apply to standing Council Committees. 5. All Meetings shall be open to members of the public and the press. F. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS: 1. The purpose for this rule is to permit the City to be represented by its elected officials at meetings of other groups or organizations, including, without limitations, intergovernmental organizations, neighborhood ' organizations, business and service organizations, and other organizations or groups with whom the City has a relationship. 2. Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that any such meeting, if attended by three or more members of the CounCil, is open to the public, pursuant to Section 24-6-401, et seq., C.R.S. 3. Social gatherings, at which the discussion of public business is not the central purpose, shall not be subject to any of the requirements of Rule F. CHAIRMAN, MAYOR PRO ,TEM AND THEIR DUTIES A. CHAIRMAN: 1. The Mayor shall preside over the meetings of the Council. 2. In the absence of the Mayor, the Mayor Pro Tem shall preside. B. MAYOR PRO TEM 1. At the first or second business meeting in November of each year, the Council shall nominate by paper ballot, and elect by motion upon a majority vote, a Mayor Pro Tem who shall serve until their successor is elected. 6 Deleted: E 2. If presiding, the Mayor Pro Tem shall have the voting privileges of a regular Council Member. 3. The Mayor Pro Tem's duties shall include reviewing and setting the Agenda on Wednesday prior to Council Meetings and determination of emergency items at Council Meetings. The Mayor Pro Tem shall have the authority to pull any item off the Agenda with the exception of an item placed on the Agenda by two (2) Council Members. 4 . The Mayor Pro Tem shall arrange for, and coordinate the orientation of all newly elected officials within two months after the election. C. PRESERVATION OF ORDER: The Chairman shall preserve order and decorum, prevent personal attacks or the impugning of members motives, confine members in debate tb questions under discussion, be responsible for conducting meetings in an orderly manner, assure that the majority opinion may be expressed and that the majority be allowed to rule. D. POINT OF ORDER: The Chairman shall determine all Points of Order, subject to the rights of any Council Member to appeal to the Council. ORDER OF BUSINESS AND THE AGENDA A. ORDER OF BUSINESS The general rule as to the Order of Business in regular Council Business Meetings is stated thus: • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • APPROVAL OF MINUTES • PROCLAMATIONS AND CEREMONIES • CITIZENS RIGHT TO SPEAK • APPROVAL OF AGENDA • CONSENT AGENDA • PUBLIC HEARINGS, ORDINANCES ON SECOND READING, FINAL SITE PLANS • ORDINANCES ON FIRST READING • DECISIONS, RESOLUTIONS AND MOTIONS • COMMITTEE REPORTS • CITY MANAGER'S MATTERS • CITY ATTORNEY'S MATTERS 7 • ELECTED OFFICIALS' MATTERS • EXECUTIVE SESSION (AS NEEDED) • ADJOURNMENT B. AGENDA 1. The order of business of each meeting shall be as contained in the Agenda prepared by the City Clerk. 2. For good cause shown, and by majority vote of the City Council during any City Council meeting, the order of business for that meeting may be changed. The City Manager and City Attorney may propose to add items to the Agenda under "Approval of Agenda". 3. Agenda shall be listed by topic of subjects to be considered by the Council and shall be distributed by 5:00 p.m. on the THURSDAY prior tO'the Monday of Council Meetings. In the event of a holiday, the material shall be distributed not later than noon on the FRIDAY prior to the Monday meeting. 4. The City Clerk's Office shall be notified of the sequence of the Agenda Items by noon on the WEDNESDAY preceding the Monday on which Council meets. All backup material and documents shall be filed with the Clerk's office by 5:00 p.m. on that day in order to be included in the Council packet. 5. ORDINANCES TO BE WRITTEN BY THE CITY ATTORNEY, OR STAFF, SHALL BE APPROVED BY A MAJORITY VOTE OF COUNCIL MEMBERS PRESENT, BEFORE IT CAN BE INCLUDED IN THE AGENDA. 6. If a Council Member asks that an item be added to the Agenda, it is the responsibility of that Council Member to provide backup material for the Council packet as to the subject or arrange for that backup material to be prepared. No item may be included in 'the Agenda without proper backup. 7. A majority vote of City Council Members present may also add or delete an item from the agenda at the beginning of the Council Meeting. In Business Meetings, this must be done before Public Hearings and Second Readings. 8. The first option of introducing Agenda Items at a Council Meetings shall go to a representative of the Council District to which the Agenda Item pertains. Council Agenda items not specific to a Council District may be introduced by any member requesting such privilege from the Chair in advance of the meeting or requesting to introduce the item at the meeting. 8 C. AGENDA ITEMS Counci l Members or the MaJOr may originate an agenda item with the approval of one other Council Member. Each Council Member and the Mayor shall be allowed to originate only two (2) items per month to be added to the Agenda of regularly scheduled Council Business Meetings. 1. Standing Council committees may place items on Council Agendas for further action or discussion. 2. Motions made by Council Members, which are not in the Council packet, must be submitted to the City Clerk and Mayor in writing during the Council Meeting so it may be repeated, and included in the minutes. 3. City Council Meeting, either by Council Members or City Manager', these items can be requested for scheduling under the elected officials portion of the agenda. 4. City Manager -administrative and operational items. D. PUBLIC HEARINGS All speakers must sign up on the appropriate roster, indicating whether they intend to speak in favor of, or in opposition to a particular Agenda Item. The Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have made their presentations, if any, and the public hearing has been closed, provided, however, that motions regarding the conduct, scheduling or continuation of the public hearing itself shall be proper at any time. I E. ORDINANCES ON FIRST READING It is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/Second Reading on all proposed ordinances. A full, complete, and open discussion of all proposed ordinances is encouraged during the Public Hearing. Therefore, public comment and staff presentations will occur only during the Public Hearing/Second Reading. First Reading will be for the purposes of setting proposed ordinances for publication, and establishing a date for the Public Hearing/Second Reading. Amendments to a proposed ordinance can be made during a First Reading, following the guidelines for offering amendments in the City Council Rules of Order and Procedure. 9 F. TIME OF ADJOURNMENT At 11:00 P.M., the City Council shall complete action on the Agenda Item then under discussion and shall adjourn the meeting. Prior to such adjournment, the Council may take any or all of the following actions : 1. Acting by 3f4 majority vote, complete all or portions of the remaining Agenda. 2. Acting by a majority vote, schedule any unfinished items for future regular Council Business Meeting. 3. Acting by majority vote, continue the meeting to a later date and time certain. , , ORDINANCES, RESOLUTIONS, AND MOTIONS A. RECONSIDERATION 1. A motion to reconsider can be made only by a Council Member originally voting with the prevailing side. 2. Such motions shall be made only at that or the next regularly scheduled Council Business Meeting. A continued or rescheduled meeting shall be considered at a next scheduled Council Business Meeting for the purpose of Reconsideration. 3. If not reconsidered at that time, the issue cannot be placed on any agenda for six (6) months. I 4. A motion to reconsider shall fequire an affirmative vote of a majority of the entire Council. 5. A COUNCIL MEMBER WHO HAS BEEN ABSENT FROM A PRIOR MEETING MAY VOTE ON A RECONSIDERATION PROVIDED SUCH COUNCIL MEMBER HAS LISTENED TO THE TAPE OF THAT AGENDA ITEM IN THE CITY CLERK'S OFFICE PRIOR TO THE MOTION FOR RECONSIDERATION. B. CITY ATTORNEY TO APPROVE : All Ordinances and Contracts shall be "Approved as to Form" by the City Attorney. 10 A. 1. 2. 3. 4. 5. 6. 7. CITIZENS' RIGHTS CITIZENS' RIGHT TO SPEAK: Any person may speak for a maximum of three (3) minutes on any item other than Agenda items. Speakers must sign the Public Comment Roster. Citizens Right to Speak shall always precede all other official business except Call to Order, Pledge of Allegiance, Roll Call, Approval of Minutes and proclamations or Ceremonies. There shall be no restriction on the number of citizens who wish to speak. The content of any speaker's comments cannot be censored. Persons in attendance shall be allowed to donate time to other speakers to a maximum of nine (g) minutes, including the three (3) minutes the original speaker has. The Chair will entertain no written comments unless a member of the public is present to read them into the record. A Council Member may read written comments into the record with the approval of the majority of the Council present. B. CITIZENS' RIGHT TO SPEAK ON AGENDA ITEMS: Any person desiring to speak on an agenda item must sign the the appropriate roster in Council Chambers and confine their remarks to the relative item. There s~all be no time limit applied. C. WRITIEN COMMUNICATIONS: All written communications to Council must be signed. If not signed, the written communications may not be accepted. SUSPENSION AND AMENDMENT OF THESE RULES A. SUSPENSION OF RULES : II Any provision of these Rules not governed by City Charter or Code of Laws may be temporarily suspended by a three-quarters (3/4) majority vote of Council Members present. B. AMENDMENT OF RULES: These Rules may be amended, or new Rules adopted by a majority vote of Council Members, provided that the proposed amendments or new Rules shall have been submitted in writing to Council at a preceding meeting. C. REVIEW: These Rules will be reviewed by Council within three months of an election or filling of a vacancy of Member(s) of Council, Council may review these Rules at any time upon request of any member of . Council. APPROPRIATIONS Council cannot approve an appropriation under City Manager's Matters, City Attorney's Matters, or Elected Officials' Matters. Updated June, 2009 ,J 12