HomeMy WebLinkAbout07/01/2008WHEAT RIDGE URBAN RENEWAL AUTHORITY
AGENDA
July 1, 2008
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Urban
Renewal Authority on Tuesday, July 1, 2008, at 6:00 p.m., in the City Council Chambers of the
Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the Ciry of Wheat
Ridge. Call Heather Geyer, Public Information Offtcer at 303-135-2826 at least one week in advance of a
meeting ifyou are interested in participating and need inclusion assistance.
1. Call the Meeting to Order
2. Roll Call of Members
3. Approval of Minutes - June 3, 2008
4. Public Forum (This is the time for any person to speak on any subject not appearing on
the agenda. Public comments may be limited to 3 minutes.)
5. New Business
A. Kipling Carridor Blight Study RFP
B. LLA-08-02 - 3846 Chase Street Lot Line Adjustment
C. Town of Marble v. Darien - Colorado Supreme Court Decision
D. Next Meeting Date - August 5, 2008
E. Executive Session for the purpose of receiving legal advice regarding specific legal
questions regarding the terminated 38`h Avenue and Sheridan Boulevard
redevelopment project pursuant to C.R.S. Section 24-6-402(4)(b).
6. Adjournment
MINUTES
WHEAT RIDGE URBAN RENEWAL AUTHORITY
June 3, 2008
1. CALL THE MEETING TO ORDER
The meeting of the Wheat Ridge Urban Renewal Authority was called to order by
Chairman Williams at 6:00 p.m. in the council chambers of the Municipal
Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado.
2. ROLL CALL OF MEMBERS
Authority Members Present
Rick Adams
James Bahrenburg
Walt Petrit
Tom Radigan
Larry Schulz
Terrell Williams
Authority Members Absent: Janet Leo
Also attending: Patrick Goff, Deputy City Manager
Corey Hoffinann, WRURA Attorney
Ann Lazzeri, Recording Secretary
3. APPROVAL OF MINUTES - May 6, 2008
There was a consensus to approve the minutes of May 6, 2008 as presented.
4. PUBLIC FORUM
Charles Durbin was present but did not speak.
5. NEW BUSINESS
A. Approval of RFQ and RFP for development of southeast corner or
West 44`h Avenue and Wadsworth Boulevard
Wheat Ridge 2020 and Wheat Ridge Urban Renewal Authority drafted a
Request for Qualifications and a Request for Development Proposals for
the southeast corner of West 44"' Avenue and Wadsworth Boulevard. The
proposed release date is June 9, 2008 with responses due back to WR2020
by noon on August 8, 2008.
WRURA Minutes - 1- June 3, 2008
Staff was directed to include comments in thc RFP regarding sensitivity to
socially conscious and environmentally conscious elements of
development. A library should also be mentioned as a desired component
of the development.
B.
C.
Kipling corridor blight study
City Council adopted a resolution on May 12, 2008 authorizing the Wheat
Ridge Urban Renewal Authority to conduct a blight study of the entire
Kipling corridor within the boundaries of the City. City Council has
appropriated $50,000 of lodging tax revenues for such a study.
Wa1C Pettit asked if the blight study would apply to residential properties
as well as commercial properties. Patrick Goff stated that this has not yet
been determined; however the primary purpose would be to have the
ability to use vehicles such as tax increment financing and not to use
eminent domain.
It was moved by Larry Schulz and seconded by Walt Pettit to support
Council's decision to conduct a blight study along the Kipling
corridor within the city limits of Wheat Ridge. The motion passed
unanimously.
Training Video - Preventing Public Of£cials' Liability
6. ADJOURNMENT
The meeting was adjourned at 7:20 p.m.
Terrell R. Williams, Chair
Ann Lazzeri, Recording Secretary
WRURA Minutes - 2- June 3, 2008
Wheat Ridge Urban Renewal Authority
7500 W. 29th Avenue Wheat Aidge, Colorado 80033 3032352896 303-2352857 (Fax)
TO: Urban Renewal Authority Board Members
FROM: Patrick Goff, Executive Director~
RE: Kipling Corridar Blight Study RFP
DATE: June 22, 2008
Staff received direction from the URA Board at the June 3, 2008 meeting to move
forward with drafting a Request for Proposals (RFP) to obtain a firm to conduct a blight
study of the Kipling Corridor. City Council has appropriated $50,000 of lodging tax
revenues for such a study. The budget in the RFP will be set at $40,000. Following is the
tentative schedule far the RFP process and the blight study:
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RFP Due Date
Oral Interviews, if requested
Negotiation of Contract
Council Approval, if required
Start of Woxk
Completion Date
June 30, 2008
July 22, 2008 by 4:00 pm, our clock
Week of August 4, 2008
Week of August 11, 2008
August 25, 2008
August 26, 2008
November 21, 2008 Attachments:
1. Draft Kipling Corridor Blight Study RFP
' ~ City of
~ATheatj~~idge
REQUEST FOR PROPOSALS
RFP-08-31
PROPOSAL DUE DATE: TUESDAY, JULY 22, 2008 BY 4:00 PM OUR
CLOCK
KIPLING CORRIDOR BLIGHT STUDY
SEALED PROPOSALS MUST BE MAILED OR DELIVERED TO:
City of Wheat Ridge Municipal Building
Attention: Linda Trimble, CPPO, CPPB
7500 W 291h Avenue, Purchasing & Contracting Division
Wheat Ridge, CO 80033
303-235-2811
IMPORTANT: PLEASE READ ENTIRE DOCUMENT
Per the attached specifications, terms and conditions.
FEIN/SSN (Required)
Federal I.D. Number
COMPANY_
ADDRESS _
CITY/STATE/ZI P
PHONE
AUTHORIZED SIGNATURE
This is required. Must be in ink.
TYPEDIPRINTED NAM
TITLE
EMAIL
ACKNOWLEDGEMENT OF ANY & ALL ADDENDA. STATE NUMBER OF ADDENDA & INITIAL:
Proposer is responsible for following up on all addendums
DO YOU ACCEPT VISA? IT IS THE PREFERRED PAYMENT METHOD.
DO NOT CONTACT THE REQUESTING DEPARTMENT OR MEMBERS OF THE EVALUATION
COMMITTEE.
Signature acknowledges that Proposer: has read the bid documents thoroughly before submitting a
proposal, will fulfill the obiigations in accordance to the scope of work or specifications, terms, and
conditions, and is submitting without collusion with any other individual or firm. Do not submit more than
one proposal from your firm or both proposals will be disqualified. Submit proposal with authorized
signature.
POINT OF CONTACT: Linda Trimble, Purchasing Agent, Itrimble@ci.wheatridge.co.us or fax 303-234-
5924.
MUST SUBMIT THIS PAGE (SIGNATURE PAGE) WITH YOUR PROPOSAL
CITY OF WHEAT RIDGE
RFP-08-31
KIPLING CORRIDOR BLIGHT STUDY
Proiect Overview: The City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority (WRURA)
are seeking the services of a qualified consultant for the purpose of preparing a blight study. The
purposes of conducting the blight study are to:
1. Survey certain areas of the City for the existence of blight, if any, in compliance with the Urban
Renewal Law of Colorado.
2. Determine which areas potentially could be included in an urban renewal area.
Anticipated start date - August 26, 2008. Completion date - November 21, 2008.
Estimated budget $40,000
Scoae of Services: The consultant will undertake a study of blight conditions as defined in and in
compiiance with C.R.S. 31-25-103 for the proposed study area as depicted on the attached map. In
conducting this study the consultant will visually inspect the existing condition of properties included in the
study area and utilize any an all other information available from other sources related to the condition of
the properties and for consideration of all legal factors of blight. The consultant will consider/evaluate all
factors of blight in compliance with the Urban Renewal Law. Work will include inventory and preliminary
draft blight study, preparation of final blight study and recommendation of urban renewal area.
Minimum Requirements: Must have or obtain a valid and current City Business/Use Tax license prior to
doing business in the City of Wheat Ridge. This service requires compliance with the "Illegai Alien"
Provisions of CRS 8-17.5-101. Interested firms shall have been in business in the Denver area for a
minimum of two (2) years. Those firms shall have adequate staff and expertise to begin and complete
work within the projected time lines. Anticipated completion by November 21, 2008.
Prooosals Due: TUESDAY, JULY 22, 2008 BY 4:00 pm OUR CLOCK
Submit to: Municipal Building, Purchasing & Contracting Division
Attn: Linda Trimble, CPPO, CPPB
7500 W 291" Avenue
Wheat Ridge, CO 80033
Submit sealed proposals: (1) marked original and (3) copies. Totai of (4) complete sets. Late receipt of
bids will not be considered regardless of postmark. No oral, phone, or fax responses will be accepted as
a sealed proposal.
Mark Envelopes: RFP-08-31 KIPLING CORRIDOR BLIGHT STUDY
Comments: Atl proposals must be sealed and shall be validated. No proposals will be accepted after
the due date and time. Proposals received after the due opening time will be filed unopened. The City of
Wheat Ridge reserves the right to reject any and all qualifications or any part and to waive any formalities
or informalities to make an award in the best interest of the City.
RFP Documents: Available on the RMEPS (BIDNET) www.govbids.com or call 1-800-677-1997 x 214 or
visit the city website www.ci.wheatridge.co.us
Point of Contact: Linda Trimble, Purchasing Agent, Itrimble@ci.wheatridge.co.us or fax 303-234-5924
or phone 303-235-2811. Do not contact the requesting department or the evaluation committee.
Linda Trimble, Purchasing Agent
Publish Dates:
Daily Journal 01/01I01
01 /01 /01
RMEPS 01/01I01
ATTEST:
Michael Snow, City Clerk
RFP-08-31
PROPOSAL REQUIREMENTS/SELECTION CRITERIA
KIPLING CORRIDOR BLIGHT STUDY
A. General
The City of Wheat Ridpe (COWR) Municipal Building is located in the northwest area of Denver
metropolitan, 7500 W 29` Avenue, Wheat Ridge, CO 80033. It has a population of approximately 33,000
and consists of about nine square miles adjacent to the Interstate 70 transportation corridor between
Denver and the Rocky Mountains. The City Council is comprised of a mayor and eight members. The
COWR has allocated $40,000 for this study.
B. Background
The Wheat Ridge Urban Renewal Authority was formed in 1981 by the City of Wheat Ridge City Council.
The seven member board, which includes one elected official, is appointed by the Mayor. The first Urban
Renewal Area was the Wheat Ridge Town Center at the N.E. corner of 381" Avenue and Wadsworth
Boulevard. A redevelopment project for the Town Center began in 1994 and was completed in 1996 and
was funded by property tax increment. In 2002, the City Council adopted Urban Renewal Area Plans for
the Wadsworth Corridor, 38I6 Avenue Corridor and the West 44'" Avenue/Ward Road.
C. Objectives
The purpose of this RFP is to contract with a qualified individual or firm to conduct a blight study of the
Kipling Corridor in the City of Wheat Ridge.
- II. SCOPE OF SERVICES
The actual services to be performed will be determined by the City to include but not limited to the
following areas:
1. Inventory and Preliminary Draft Blight Study
The consultant will undertake a study of blight conditions as defined in and in compliance with C.R.S. 31-
25-103 for the proposed study area as depicted on the attached map. The boundaries highlighted on the
attached map are conceptuai in nature and are only intended as a guide. The purpose of the blight study
is to refine the boundaries to recommend a final urban renewal area. In conducting this study the
consultant will visually inspect the existing condition of properties included in the study area and utilize
any and all other information available from other sources related to the condition of the propeRies and for
consideration of all legal factors of blight. The consultant will identify:
a. Slum, deteriorated, or deteriorating structures;
b Predominance of defective or inadequate street layout;
c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
d Unsanitary or unsafe conditions;
e. Deterioration of site or other improvements;
f. Unusual topography;
g. Defective or unusual conditions of title rendering the title non-marketable;
h. The existence of conditions that endanger life or property by fire and other causes;
i. Buildings that are unsafe or unhealthy for persons to live or work in because of building
code violations, dilapidation, deterioration, defective design, physical construction, or
faulry or inadequate facilities;
j. Environmental contamination of buildings or property;
k. Inadequate public improvements or utilities; and
1. Any area that, in its present condition and use, and, by reason of the presence of any one
of the factors specified above, substantially impairs or arrests the sound growth of the
City, retards the provision of housing accommodations, or constitutes an economic or
social liability, and is a menace to the public health, safety, morals or welfare.
The Consultant shall considerlevaluate any and all other factors of blight in compliance with the Urban
Renewal Law. The consultant will prepare a preliminary draft of the blight study for review and comment
by City staff, consultants, attorneys, and Urban Renewal Authority members. The document will present
the blight information in appropriate narrative, tabular, chart, graphic, and photographic form.
Thirty (30) copies of the preliminary draft will be delivered to the City. The document shali be considered a work in
progress and not a completed public document.
2. Preparation of Blight Study Final Draft
A final draft of the blight study will be prepared which incorporates the comments and changes to the preliminary
draft as requested by the Authority, consultants, and attorneys. The study shall be prepared in a manner which
clearly communicates the findings of the study and in a manner suitable for inclusion into an urban renewal plan if
one is adopted by City Council. A camera-ready original copy of the final document shall be delivered to the City
along with a copy on CD-ROM.
3. Recommended Urban Renewal Area
Dependent upon and based upon the findings of the blight study, the consultant will prepare a map showing a
proposed/recommended urban renewal area. The map will be accompanied by a report which sets forth the
findings of blight and the justification for establishing an urban renewal area consistent with state statute.
111. SUBMISSION REQUIREMENTS AND EVALUATION CRITERIA
A. Submit to: Provide one marked original and three (3) copies. Total of 4 complete sets.
Address: City of Wheat Ridge Municipal Building
ATTN: Linda Trimble, CPPO, CPPB
7500 W 291" Avenue, Purchasing & Contracting Division
Wheat Ridge, CO 80033
Mark outside of envelope: RFP-08-31 KIPLING CORRIDOR BLIGHT STUDY
DUE DATE: TUESDAY, JULY 22, 2008 BY 4:00 PM OUR CLOCK. FAXES/ EMAILS ARE NOT ACCEPTABLE.
B. Evaluation Criteria
To simplify the review process and to obtain the maximum degree of comparability, the proposal must foilow the
outline described below and, at a minimum, contain the required information. Respondents are encouraged to
include additional relevant information. Your entire submittal shall not exceed sixty (60) pages.
A. PROJECT TEAM (30% of Total Score)
Identify the proposed project manager, key staff, and any sub-consultants. Present a brief discussion
regarding the team's qualifications, relevant experiences and demonstrated success with the project types
described in this RFP document.
Elements that will be considered by the panel when scoring your submittal:
Experience of the key staff and firm with projects of similar scope and complexity including the
following issues:
a. Qualifications and relevant experience of project manager, key personnel, and sub-
consuitants, include resumes.
b. Unique knowledge of key team members relating to the project.
c. Experience of the proposed individuals on projects working together as a team. Include list
of projects, client, contact and phone number, original completion date and actual
completion time.
d. Experience overseeing and coordinating multiple concurrent projects.
e. Identify past studies your firm has prepared, indicating the year of preparation, the client
and a reference. (Copies of such studies may be requested by the City)
f. Experience with projects for public clients including the following issues:
i. Familiarity with governmental decision-making and review process.
B. FIRM CAPABILITIES (20% Total Score)
Elements that will be considered by the panel when scoring your submittal:
1. Qualifications and capabilities of firm.
2. Firm staff resources.
3. Current and projected work load. Indicate the project team member's time availability and the
firm's ability to meet the projected time lines.
4. Local Denver area emphasis on the above.
C. PROJECT APPROACH (30% of Total Score)
For the projects and services outlined in the RFP document, describe how you plan to accomplish the
following project control and management issues:
1. Approach toward client communication and reporting.
2. Budget Methodology/Cost Control.
3. Ensure State, Local, and Federal procedures are followed.
4. Indicate any additional tasks or work products you feel are required to comply with the Urban
Renewal Law or meet the objectives of the study.
D. PRICING (20% of Total Score)
1. Provide a staff plan showing proposed hours by person/position by month and total, with corresponding
organizational chart, hourly rates, total not-to-exceed amount, itemize any additional tasks or products
and the cost for out-of-pocket expenses. Base staff plans on a 3 month total project duration - from
start of professional services.
2. City staff will assist in providing information for the project. The following data will be provided if
available: Zoning Information; Property Ownership Information; Sales Tax Data as Appropriate; Traffic
Counts; Accident Statistics; Crime Reports/Statistics; Building Permit Information; Recent, current or
planned infrastructure improvements.
IV. SELECTION PROCESS
The selection process may involve two stages: 1) written submittals will be evaluated and scored and 2) oral
interviews with the highest-ranking firms, if warranted.
1. Screenina Panel/Short List: Submittals will be evaluated in accordance with the evaluation criteria above. The
panel will review and score the proposals. Firms ranked the highest may be invited to an oral interview. It is
anticipated no less than three (3) or no more than five (5) will be interviewed.
2. Oral Interviews: It is anticipated that oral interviews will be conducted in accordance to the schedule below.
Firms will be notified in writing of the short list. Short listed firms will receive interview instructions. Key
personnel from the firm and major consultants who will be directly involved with the project should attend the
interview. The interview panel will, in particular, be interested in knowing more about previous experiences,
meeting deadlines, project approach and in conversing with the individuals who will act as the primary contacts.
3. Fee Proposals and Final Selection: The City will attempt to negotiate a contract with the highest ranked firm
following the interview stage.
V
SCHEDULE
The following is the anticipated schedule of events for this project:
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RFP Due Date
Oral Interviews, if warranted
Negotiation of Contract
Council Approval
Start of Work
Completion Date
VI.
CHECK LIST
June 30, 2008
July 22, 2008 by 4:00 pm, our clock
Week of August 4, 2008
Week of August 11, 2008
August 25, 2008
August 26, 2008
November 21, 2008
The following information and forms must be included with your submittal in this order. Did you include:
YES NO
• Signature Page (page 1) - -
. Acknowledge Addendum, if any _ -
. Qualifications - -
• Experience - -
• Approach - -
• Illegal Alien Certification Form _ -
• Fee Schedule - -
. Sample of your agreement - -
VII. INFORMATION TO PROPOSERS
1. PROPOSAL OPENING AND AWARD
Oniy the names of each proposer will be read at the opening. Proposals wiil be examined promptly after
opening. An abstract will be provided upon request. No proposal may be withdrawn for a period of sixty
(60) calendar days of the Proposal Opening date.
2. TAXES
The City of Wheat Ridge is exempt from City, County, State and Federal Sales/Excise Taxes. Certificates
will be issued upon request. Any appropriate taxes shall be shown as a separate item in your Proposal.
3. PROPOSER QUALIFICATIONS
No proposal shall be accepted from and no contract will be awarded to any person, firm or corporation that
is in arrears to the City of Wheat Ridge, upon debt or contract that is a defaulter, as surery or otherwise,
upon any obligation to the City or that is deemed irresponsible or unreliable by the City. If requested,
Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the
particular supply/service bid upon and that they have the necessary financial resources to provide the
proposed supply/service called for as described in the attached Section IV, Information for Proposals.
4. RIGHT TO INVESTIGATE
The City reserves the right to investigate and confirm the proposer's financial responsibility. This may
inciude nnanaai siaiemenis, oank teieieiice"s aiiu' imet_vicws wiiii NS'si cuiieuiieiii's, Gri-ipluyee5 arw
creditors. Unfavorable responses to these investigations are grounds for rejection of the proposal.
5. NO COMMITMENT BY CITY OF WHEAT RIDGE
This Request for Proposals does not commit the City of Wheat Ridge to award any costs or pay any costs,
or to award any contract, or to pay any costs associated with or incurred in the preparation of a Proposal to
this Request, or to procure or contract for services or supplies. In acceptance of proposals, the City of
Wheat Ridge reserves the right to negotiate further with one or more of the contractors as to any features
of their proposals and to accept modifications of the work and price when such action will be in the best
interest of the City. This includes solicitation of a best and final offer from one or more of the proposers.
s.
Each Proposer must sign the proposal with their usual signature and shalt give their full business address
on the form provided in this Proposal. Proposals by partnerships shall be signed with the partnership name
by one of the members or by an authorized representative. Proposals by corporations shall be signed with
the name of the corporation foilowed by the signature and designation of the President, Secretary, or other
person authorized to bind it in the matter and shall have the corporate seal affixed thereto.
ANTI COLLUSION CLAUSE
No officer or employee of the City of Wheat Ridge, and no other public official, or employee, who may
exercise any function or responsibilities in the review or approval of this undertaking, shall have any
personal or financial interest, direct or indirect, in any contract or negotiation process thereof. The above
compliance request will be part of all City of Wheat Ridge contracts for this Service.
8. INSURANCE
The successful Proposer shall, during the term of this Agreement and until completion thereof, provide and
maintain the following types and minimum insu
rance coverages as follows:
Tvpe of Insurance
Minimum Limits of Liabilitv
Standard Workers' Compensation &
Statutory in conformance
Employers' Liability Including
with the compensation
Occupations Disease Coverage
laws of the State of Colorado
Comprehensive General Liability
$250,000 each person;
Insurance
$1,000,000 each occurrence
Comprehensive Automobile
Errors and Omissions
$250,000 each person;
$1,000,000 each occurrence
The successful Proposer shall affect the insurance policies in a company or companies and in a form
satisfactory to the Owner. Before commencing any performance under this Agreement, successful
Proposer shall deliver, to the City, Certificates of Insurance issued by the insurance company, and/or its
duly authorized agents pertaining to the aforementioned insurance, and certifying that the policies
stipulated above are in full force and effect.
All policies and/or Certificates of Insurance shall include each individual entity as an additional named
insured, except for Workers Compensation and Auto.
Nothing herein shall be deemed or construed as a waiver of any of the protections to which the Agencies
may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C.R.S., as
amended.
Workers' Compensation Insurance - The contractor shall provide workers' compensation insurance
coverage for all persons employed to perform the work to be done under the contract and assure that all
workers will receive the compensation for compensable injuries. A copy of the workers compensation
policy is required to be submitted to the City as part of this Proposal.
Professional Liabilitv Insurance - Evidence of Professional Liability Insurance will be required upon award
of the project.
9. PROPOSAL REJECTION OR PARTIAL ACCEPTANCE
The City reserves the right to reject any or all Proposals. The City further reserves the right to waive
technicalities, formalities, and informalities, to accept in whole or in part such Proposal where it is deemed
advisable, and to make an award to the most responsive and responsible Proposer as deemed in the best
interest of the City.
10. LAWS AND REGULATIONS
All applicable State of Colorado and Federal laws, City and County ordinances, licenses and regulations
shall apply to the award throughout and herein incorporated here by reference.
11. SUBCONTRACTING
No portion of this Proposal may be subcontracted without the prior written approval by the City.
12. SALES PROHIBITED / CONFLICT OF INTEREST
No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any
real or personal property, equipment, material, supplies or services where such officer or employee
exercises directly or indirectly any decision-making authority concerning such sale or any supervisory
authority over the services to be rendered. Soliciting or accepting any gift, gratuity favor, entertainment,
kickback or any items of monetary value from any person who has or is seeking to do business with the
City of Wheat Ridge is prohibited.
VIII. TERMS AND CONDITIONS
MODIFICATION OF AGREEMENT
No modification of award shall be binding upon the City unless made in writing and signed by authorized
agents of both parties.
2. CANCELLATION
Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to
declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the
benefit of creditors.
3. TERMINATION OF AWARD FOR CAUSE
If, through any cause, the successful Proposer shall fail to fulfill in a timely and proper manner it's
obligations or if the successful Proposer shall violate any of the covenants, agreements or stipulations of
the award, the City shail thereupon have the right to terminate the award by giving written notice to the
successful Proposer of such termination and specifying the effective date of termination. In that event, all
finished or unfinished services, reports or other materials prepared by the successful Proposer shall, at the
option of the Agency, become its property, and the successful Proposer shall be entitled to receive just,
equitable compensation for any satisfactory work completed, prepared documents or materials as
furnished.
Nohvithstanding the above, the successful Proposer shall not be relieved of liability to the City for damage
sustained by the City by virtue of breach of the award by the successful Proposer and the City may
withhold any payments to the successful vendor for the purpose of set off until such time as the exact
amount of damages due the City from the successful Proposer is determined.
4. TERMINATION OF AWARD FOR CONVENIENCE
The City may terminate the award at any time by giving written notice to the successful vendor of such
termination and specifying the effective date thereof, at least thirty (30) working days before the effective
date of such termination. In that event, all finished or unfinished services, reports, material(s) prepared or
furnished by the successful Proposer under the award shall, at the option of the City, become its property.
If the award is terminated by the City as provided herein, the successful vendor will be paid an amount
which bears the same ratio to the total compensation as the services actually performed or material
furnished bear to the total services/materials the successful Proposer covered by the award, less payments
of compensation previously made. If the award is terminated due to the fault of the successful Proposer,
termination of award for cause, relative to termination shall apply.
5. EQUAL OPPORTUNITY
The successful firm will agree not to refuse to hire, discharge, promote, demote, or to otherwise
discriminate in matters of compensation against any person otherwise qualified solely because of race,
creed, sex, national origin, ancestry or physical handicap.
It shall be a condition that any company, firm or corporation supplying goods or services, must be in
compliance with the appropriate areas of the Americans With Disabilities Act of 1990 as enacted, and from
time to time amended, and any other applicable Federal regulation. A signed, written certificate stating
compliance with the Americans With Disabilities Act may be required, upon request, by the City.
6. COMMON LANGUAGE
Unless otherwise specified in this document, all words shall have a common language unless the context in
which they are used clearly requires a different meaning. Words in the singular number include the plural,
and in the plural include the singular. Additionally, words in the masculine gender include the feminine and
the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. The
word "firmlbidderlproposer" means any person, partnership, corporation or other entity.
PROPRIETARY INFORMATION
The evaluation committee will hold information provided by Proposers during the RFP process in
confidence until the date of an award. After that date, proposals will become public record. Proposers may
request parts of their proposals to remain confidential and shall indicate in the proposal and on the
appropriate proprietary or financial pages. All information included in any Proposal that is of a proprietary
nature must be clearl marked as such. The City shall be held harmless from any claims arising from the
release of proprietary information not clearly designated as such by the proposing firm.
8. COMPETITIVENESS AND INTEGRITY
The Purchasing Office maintains control of its internal and third party communications during the
procurement process to prevent biased evaluations and compromises of confidential information and to
preserve the competitiveness and integrity of such procurement efforts. Proposers should not disclose
their pricing to any employees of the City other than the contact representative. Attempts by proposers to
establish informal communication channels regarding this procurement will be viewed negatively and shall
result in rejection of the offending firm's offer.
9. PROPOSALFORMAT
All responses to this Request For Proposal shall use the respondent's format except for those pages, which
have blanks to be filled in by the respondent or those pages marked for return with proposal. A proposal
can be rejected by the City, if the firm fails to completely fill in all blanks for evaluation of the proposal or
fails to answer all questions. Proposal should be submitted initially on the most favorable terms. All
proposals shall be prepared in a comprehensive manner as to content; however no necessity exists for
expensive binders or promotional material. All costs, including travel and expenses incurred in the
preparation of this proposal shall be borne solely by the Proposal.
10. PROPOSAL ACCEPTANCEIREJECTION: The City of Wheat Ridge reserves the right to:
. reject any and all proposals and to accept other than the low bid
. waive minor defects or technicalities regarding the proposals, and
• alter the scope of work and RFP documents until a contract is executed.
11. GOVERNING LAW:
The laws of the State of Colorado shall govern any contract executed between the successful contractor
and the City. Further, the place of performance and transaction of business shail be deemed to be in the
County of Jefferson, State of Colorado. In the event of litigation, the exclusive venue and place of
jurisdiction shall be the State of Colorado, and more specifcally, Jefferson County, Colorado.
12. PROMPT PAYMENT DISCOUNTS:
In determining the most responsive priced proposal(s), the City will consider all acceptable proposals on a
basis of the net price to be paid after deduction of the discount specifed in the respective proposals.
Prompt payment discounts allowing less than 10 days for the discount to apply shall not be considered as a
cost factor in the evaluation of proposals. In connection with any prompt payment discount offered, time
will be computed from date of receipt of a correct invoice to include the receipt and acceptance of
pertormance.
13. OWNERSHIP OF CONTRACT PRODUCTS:
All products produced from the awarded contract shall be the sole property of the City.
14. FUNDING
There is in effect within the City of Wheat Ridge, Colorado, Section 2-4 of the City's Code of Laws which
limits the amount for which the City shall be liable to the amount expressly appropriated by the City
Council, either through budgeted appropriation, or contract or bid award. The Contractor is specifically
advised of this Section 2-4 of the Code of Laws. This Contract is specifically subject to the provisions of
said Code Section. Funding of this contract for any time period after January 1, of the year succeeding the
date of entry of this contract is expressly contingent upon appropriations being made by the City Council of
the City of Wheat Ridge, Colorado. No promise, expressed or implied, is made that such funding will be
approved by the City Council, acting in its legislative discretion.
15. INDEMNIFICATION: The Consultant agrees to indemnify and to hold the City and its agents harmless for,
from and against any and all claims, suits, expenses, damages or other liabilities, including reasonable
attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or
sustained by any person or persons as a result of the negligent performance or failure of the Consultant to
provide services pursuant to the terms of this Agreement.
16. INDEPENDENT CONTRACTOR
The firm is an independent contractor. Notwithstanding any provision appearing in this RFP, all personnel
assigned by the firm to perform work under the terms of this RFP and any subsequent agreement shall be,
and remain at all times, employees or agents of the firm for all purposes. The firm shall make no
representation that it is the employee of the City for any purpose.
17. DUE DILIGENCE
Due care and diligence has been used in the preparation of this information and it is believed to be
substantially correct. However the responsibility for determining the full extent to the exposure and the
verification of all information shall rest solely with the proposer. The City is not responsible for any errors or
omissions in the specification or for the failure on the part of the proposer in determining the full extent of
exposure.
18. SECURITY ACCESS CARDS
The City will issue security access cards to assigned workers. It will be the discretion of the City if the
access cards are issued specifically for each worker or a guest card may be issued.
19. SAMPLE AGREEMENT: A sample agreement is provided for your review if your firm is awarded.
Do not complete nor enclose with your proposal. It is for information only.
20. COOPERATIVE PURCHASING EFFORT: Other governmental agencies including state agencies, special
districts, counties, municipalities and school districts, etc., may be extended the opportunity to purchase off
this Bid with the agreement of the successful vendor(s) and the participating MAPO Agencies and the
WSCPA Group. Requests for participation of other Agencies and/or Groups will be coordinated by the
MAPO Agency hosting this Bid. The Host Agency will notify the vendor(s) and the Agency and/or Group
wishing to participate, in writing. Each agency/group desiring to participate shali establish its own contract,
issue its own orders, be invoiced and make its own payments and issue its own exemption certificates as
required by the Vendor. It is understood and agreed that the City is not a legally binding party to any
contractual agreement made between a MAPO or WSCPA member and the Vendor as a result of this
solicitation.
10
CITY OF WHEAT RIDGE, CO
CERTIFICATION STATEMENT FOR
ILLEGAL ALIENS, COMPLIANCE TO HB 1343
The Vendor, whose name and signature appear below, certifies and agrees as follows:
1. The Vendor shall comply with the provisions of CRS 8-17.5-101 et seq.
2. The Vendor does not knowingly employ or contract with an illegal alien who will pertorm work under the
Agreement.
3. The Vendor will confirm the employment eligibility of all employees who are newly hired for employment to
perform work under the Agreement through participation in either the E-Verify Program administered by the
United States Department of Homeland Security and Social Security Administration or the Department
Program administered by the Colorado Department of Labor and Employment.
4. The Vendor shall comply with all reasonable requests made in the course of an investigation by the
Colorado Department of Labor and Employment. If the Vendor fails to comply with any requirement of this
provision or CRS 8-17.5-101 et seq., the City may terminate the above referenced purchase order for
breach and the Vendor shall be liable for actual and consequential damages to the City of Wheat Ridge.
CERTIFIED and AGREED to this
BID NUMBER:
FIRM:
(Print Full Legal Name)
Authorized Signature:
Print Name:
Print Title:
day of
Attestation: (A corporate attestation is required.)
BY:
Date:
200
Corporate Secretary or Equivalent Place corporate seal here, if applicable
VENDOR MUST COMPLETE AND SUBMIT THIS FORM TO THE
PURCHASING AND CONTRACTING OFFICE
CITY OF WHEAT RIDGE
RFP-08-31
KIPLtNG CORRIDOR BLIGHT STUDY SAMPLE AGREEMENT
THIS AGREEMENT made this day of AUGUST 2008, by and between the City of Wheat Ridge,
Colorado, hereinafter referred to as the "City" or "Owner" and EAST, WEST, hereinafter referred to as the
"ConsultanP".
WITNESSETH, that the City of Wheat Ridge and the Consultant agree as follows:
ARTICLE 1 -SERVICES
The Consultant shall serve as the City's Consultant and provide as a minimum all of the professional services
required as per RFP-08-31 KIPLING CORRIDOR BLIGHT STUDY, as more fully described in the Request For
Proposal (Exhibit I) and the response of the Consultant to the RFP (Exhibit II) attached hereto and incorporated
herein by reference.
ARTICLE 2 - TERM
The term of this Agreement shall be for one year with the option to renew for up to (3) additional one year terms.
Pricing shall remain firm for each renewal period.
The work to be performed under this Agreement shall commence promptly after receipt of a fully executed copy of
this Agreement to the extent that the Consultant has been authorized to proceed by the City. Completion shall be
by OZ. The Ciry may upon mutuai written agreement by the parties, extend the time of completion of services to be
performed by the Consultant, if needed. The City Manager is authorized to approve the renewal option, term and
pricing. Pricing shall remain firm for the renewal periods.
ARTICLE 3- PAYMENT AND FEE SCHEDULE
It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for services
provided and the Consultant shall accept a total of TINMAN, $LION or a Not to Exceed amount of TINMAN, $LION
as full payment for such services.
The City hereby agrees to pay the Consultant the amounts required for additional work as deemed necessary at the
unit prices set forth in the Consultants proposal, with a total contract amount not to exceed TINMAN, $LION, in
accordance to the provisions and subject to the conditions as set forth in this Agreement and the documents
referred to above.
It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for services
rendered, $.00 per hour. There is no charge for computer, telephone, postage, copies or other ordinary costs and
expenses.
A. Invoices bv Task
Invoices will be submitted by the Consultant monthly for services performed and expenses incurred
pursuant to this Agreement during the prior month. The processing of payment will be expedited by the
Treasurer's Office through proper accounting procedures. Payment will be made to the Consultant within
thirty (30) days of the receipt of the approved invoices for services rendered.
B. Fundina
There is in effect within the City of Wheat Ridge, Colorado, a provision of the City's Code of Laws which
limits the amount for which the City shall be liable to the amount expressly appropriated by the City
Council, either through budgeted appropriation, or contract or bid award. The contractor is specifically
advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted
pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specificaliy
subject to the provisions of said Ordinance and adopted Code Section.
12
ARTICLE 4 - INDEPENDENT CONTRACTOR
In performing the work under this Agreement, the Consultant acts as an independent contractor and is solely
responsible for necessary and adequate worker's compensation insurance, person injury and property damage
insurance, as well as errors and omissions insurance. The Consultant, as an independent contractor, is obligated
to pay federal and state income tax on monies earned. The personnel employed by the Consultant are not and
shall not become employees, agents or servants of the City because of the performance of any work by this
agreement. The Consultant warrants that it has not employed or retained any company or person, other than a
bonafide employee working solely for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any company or person, other than bona fide employees working solely for the Consultant, any commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making
of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement
without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
ARTICLE 5 - INSURANCE
In accordance with Article 4 above, the Consultant shall furnish a certificate of insurance upon notification of award
and prior to pertormance. Work shall not commence under this Agreement until the Consultant has submitted to
the City and received approval thereof, a certificate of Insurance showing compliance with the following minimum
types and coverages of insurance.
Type of Insurance
Standard Workers' Compensation &
Empioyers' Liability Including
Occupations Disease Coverage
Comprehensive General Liability
Insurance
Comprehensive Automobile
Professional Liability (errors and omissions)
Minimum Limits of Liability
Statutory in conformance
with the compensation
laws of the State of Colorado
$250,000 each person;
$1,000,000 each occurrence
$250,000 each person;
$1,000,000 each occurrence
All policies and/or Certificates of Insurance shall include the City of Wheat Ridge as an additional named insured.
Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the Agencies may be
entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C.R.S., as amended.
ARTICLE 6 - INDEMNIFICATION
The Consultant agrees to indemnify and to hold the City and its agents harmless for, from and against any and all
claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out
of damage or injury to persons, entities, or property causes or sustained by any person or persons as a resuit of the
negligent pertormance or failure of the Consultant to provide services pursuant to the terms of this Agreement.
ARTICLE 7- CHANGE ORDERS OR EXTENSIONS
The City may, from time to time, require changes in the scope of services of the Consultant to be performed herein.
Such changes, including any increase or decrease in the amount of the ConsultanYs compensation, must be
mutually agreed upon in writing by the City and the Consultant. The Consultant shall be compensated for all
authorized changes in services, pursuant to the Request for Proposal, or if no provision exists, pursuant to the
terms of the Change Order.
ARTICLE 8- EQUAL EMPLOYMENT OPPORTUNITY
The Consultant shall not discriminate against any employee or applicant for employment because of age, race,
color, religion, sex, or national origin. The Consultant shall adhere to acceptable affirmative action guidelines in
selecting employees and shali ensure that employees are treated equally during employment, without regard to
13
their age, race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship., The Consultant agrees to
post in conspicuous places, available to employees and applicants for employment, notices provided by the local
public agency setting forth the provisions of this nondiscrimination clause.
The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this
Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions
shall not apply to contracts or subcontracts for standard commerciai supplies or raw materials.
ARTICLE 9- CHARTER. LAWS AND ORDINANCES
The Consultant at all times during the performance of this Agreement, agrees to strictly adhere to all applicable
Federal, State and Local laws, rules, regulations, and ordinances that affect or govern the work as contemplated
under this Agreement.
ARTICLE 10 - LAW AND VENUE
The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The
parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District
Court of Jefferson County, Colorado.
ARTICLE 11 - TERMINATION
The Consultant acknowledges that his failure to accomplish the work as described shall be considered a material
breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions
including but not limited to re-procurement costs, insufficient or improper work.
The City and the Consultant agree that this Agreement may be canceled for cause, by either party with a fiReen
(15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time
of such termination, shall be deducted from the contract price before payment is made.
The City may terminate the Agreement for its convenience upon thirty (30) days written notice. In the event of such
termination, the consultant will be paid for all work and expenses incurred up until the time of such termination.
Ali work accomplished by the Consultant prior to the date of such termination, shall be recorded and tangible work
documents shall be transferred to and become the sole property of the City, prior to payment for services rendered.
ARTICLE 12 - NOTICES IN WRITING
For the City: Patrick Goff, Deputy City Manager
7500 W 29'" Avenue
Wheat Ridge, CO 80033
Phone 303-235-2805 Fax 303-235-2805
For the Consultant: EAST, WEST
Phone 303- Fax 303-
ARTICLE 13 - ASSIGNMENT AND SUBCONTRACTORS
The duties and obligations of the Consultant arising hereunder cannot be assigned, delegated, nor subcontracted
except with the express written consent of the City. The subcontractors permitted by the City shall be subject to the
requirements of this Agreement, and the Consultant is responsible for all subcontracting arrangements and the
delivery of services as set forth in this Agreement. The Consultant shall be responsible for the performance of any
sub-consultant.
ARTICLE 14 - SEVERABILITY
To the extent that the Agreement may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term
14
or provision hereof be declared invalid or become inoperative for any reason, such invalidity or faiiure shail not
affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be
construed as a waiver of any other term, or the same term upon subsequent breach.
ARTICLE 15 - INTEGRATION OF UNDERSTANDINGS
This Agreement is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever,
unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment
hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the
City and the Consultant.
ARTICLE 16 - ILLEGAL ALIEN COMPLIANCE
ILLEGAL ALIENS - PUBLIC CONTRACTS FOR SERVICES. Pursuant to CRS 8-17.5-101, et seq., as amended:
A. Certification. By entering into this Agreement, Consultant hereby certifies that, at the time of this
certification, it does not knowingly employ or contract with an illegal aiien who will perform work under the
Agreement and that Consultant will participate in either the E-Verify Program administered by the United
States Department of Homeland Security and Social Security Administration or the Department Program
administered by the Colorado Department of Labor and Employment in order to confirm the employment
eligibility of all employees who are newly hired for employment to perform work under the Agreement.
B. Prohibited Acts. Consultant shall not
Knowingly employ or contract with an illegal alien to perform work under this Agreement; or
2. Enter into a contract with a subcontractor that fails to certify to Consultant that the subcontractor
shall not knowingly employ or contract with an illegal alien to perForm work under this Agreement.
C. Verification.
1. Consultant has confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under this Agreement through participation in either the E-Verify
Program or the Department Program.
2. Consultant shall not use the E-Verify Program or the Department Program procedures to undertake
pre-employment screening of job applicants while this Agreement is being performed.
3. If Consultant obtains actual knowledge that a subcontractor performing work under this Agreement
knowingly employs or contracts with an illegal alien who is performing work under the Agreement,
Consultant shall'
a. Notify the subcontractor and the City within three (3) days that Consultant has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien who is pertorming work under the Agreement; and
b. Terminate the subcontract with the subcontractor if within three (3) days of
receiving the notice required pursuant to subparagraph (a) hereof, the
subcontractor does not stop employing or contracting with the illegat alien who is
performing work under the Agreement; except that Consultant shall not terminate
the contract with the subcontractor if during such three (3) days the subcontractor
provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien who is performing work under the
Agreement.
D. Duty to Comply with Investigations. Consultant shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S.
§ 8-17.5-102(5)(a) to ensure that Consultant is complying with the terms of this Agreement.
15
E. If Consultant does not currently employ any employees, Consultant shall sign the No Employee Affidavit
attached hereto.
F. If Consultant wishes to verify the lawful presence of newly hired employees who perform work under the
Agreement via the Department Program, Consultant shall sign the Department Program Affidavit attached
hereto.
G If the Consultant fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq., the City
may terminate this contract for breach and the Consultant shall be liable for actual and consequential
damages to the City.
ARTICLE 17 - AUTHORIZATION
Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights
granted herein and to perform the duties and obligations described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in two (2) copies, each of which shall
be deemed an original on the day and year first written above.
OWNER
ATTEST:
MICHAEL SNOW, CITY CLERK
(Seal)
APPROVED AS TO FORM:
GERALD DAHL, CITY ATTORNEY
(CORPORATE SEAL)
ATTEST:
NAME
TITLE
DATE
CITY OF WHEAT RIDGE
7500 W 29TH AVENUE
WHEAT RIDGE, CO 80033
(303) 234-5900
JERRY DITULLIO, MAYOR
CONSULTANT
EAST
WEST
SIGNATURE
TITLE
PRINT NAME
16
AFFIDAVIT
L Check and complete one:
F-I I, am a sole proprietor doing business as
I do not currently employ any individuals. Should I employ
any individuals during the terrrt of my Agreement with the City, I certify that I will comply with the
lawful presence verification requirements outlined in that Agreement.
OR
F-1 I, , am an owner/member/shareholder of , a
[specify type of entity-i.e, corporation, limited liability company], that does not
currently employ any individuals. Should I employ any individuals during the term of my Agreement
with the City, I certify that I will comply with the lawful presence verification requirements outlined in
that Agreement.
2. Check one.
F-I I, , am a United States citizen or legal permanent resident.
The City must verify this statement by reviewing one of the following items:
o A valid Colorado Driver's [icense or a Colorado identifacation card
o A United States military card or a military dependent's identification card
o A(Inited States Coast Guard Merchant Mariner card
o A Native American tribal document or
o In the case of a resident of another state, the driver's licerese or state-issued identiftcadion
card from the state of residence, if that s[ate reguires the applicant to prove lawful
presence prior to the issuance of the identification card
o Any other documents or combination of documents listed in the Ciry's "Acceptable
Documents far Lawful Presence Verifcation" chart that prove both the consultant's
citizenship/lawful presence and identiry.
OR
El I am otherwise lawfully present in the United States pursuant to federal law.
Consultant must verify this statement through the federal systematic alien verification of
entitlement program, the "SAVE" program, and provide such verification to the City.
Signature
Date
17
DEPARTMENT PROGRAM AFFIDAVIT
(To be completed if Consultant participates in the
Department of Labor Lawful Presence Veri£cation Program)
, as a public contractor under contract with the City of Wheat
Ridge (the "City"), hereby affirm that:
1. I have examined or will examine the legal work status of all employees who aze newly
hired for employment to perform work under this public contract for services ("ContracY") with the City
within twenty (20) days af[er such hiring date;
2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a,
which verify the employment eligibility and identity of newly hired employees who perform work under
this Contract; and
3. I have not and will not alter or falsify the identification documents for my newly hired
employees who perform work under this Contract.
Consultant Signature
STATE OF COLORADO
COUNTY OF
)
) ss.
Date
The foregoing instrument was subscribed, swom to and acknowledged before me this
2008, by as
My commission expires:
(S E A L)
Notary Public
day of
of
18
ACCEPTABLE DOCUMENTSFOR
LAWFUL PRESENCE VERIFICATION
Documents that Serve to Prove Citizenship/Lawful Presence and Identification:
• Colorado Driver's License or [dentification Cazd
• Out of State drivers license from: AL, AZ, AR, CA, CT, DE, DC, FL, GA, ID,
IN, IA, KS, KY, LA, ME, MN, MS, MO, MT, NV, NH, NJ, NY, ND, OH, OK,
PA, RI, SC, SD, VA, WV, WY
• A United States Military Card of a Military Dependent's Identification Cazd
• A United States Coast Guard or Merchant Mariner Card
• A Native American Tribal Document
• Certificate of Naturalization with Photograph
• Certificate of U.S. Citizenship with Photograph
• U.S. Passport (less than 5 years oId)
• Northem Mariana Identification Card with Photograph
OR
Documents that Only Serve to Prove Citizenship/Lawful Presence:
• U.S. Birth CeRificate
• Certification of RepoR of Birth from Department of State
• Report of Birth Abroad of a U.S. Citizen
• U.S. Citizen Identification Card
• Final Adoption Decree
• Evidence of U.S. Civil Service Employment before June 1, 1976
• Statement Provided by U.S. Consular Officer Certifying Citizenship
• Religious Records Recorded in the 50 states, D.C., or a U.S. Territory
Showing Birth Date or Child's Age and Location of Birth in U.S.
• Early School Records
• Census Records
• Other pocuments that Establish a U.S. Place of Birth or in Some Way
Indicates U.S. Citizenship
AND
Documents that Serve to Prove Identification:
• A Driver's License or ldentification Card Regardless of the State of Issuance
• School Identification Card with Photograph
• Identification Card Issued by Federal, State or Local Government
• A Driver's License Issued by a Canadian Govemment Authority
19
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Wheat Ridge Urban Renewal Authority
7500 W. 29th Avenue Wheat Ridge, Colorado 80033 3032352846 303-2352857 (Faz)
TO: Urban Renewal Authority Members
FROM: Patrick Goff, Executive Directo~b4
RE: LLA-08-02 - 3846 Chase Street Lot Line Adjustment
DATE: June 22, 2008
The Community Development Department has received the attached request for approval
of a lot line adjustment at the property located at 3846 Chase Street. The owners of 3846
Chase Street would like to acquire Lot 9B from 5455 West 381h Avenue and consolidate
to create one lot. No physical improvements are proposed as part of this application.
The City's Zoning and Development Code requires the review by WRURA of land use
applications in an urban renewal area. The Code requires a recommendation from
WRURA based on its review of the application "against the provisions of the urban
renewal plan with respect to the land area, land use, design, building requirements, timing
and procedure." You are not making a recommendation on whether the request should be
approved or not. Your task is to determine if the request is in compliance with the 38tn
Avenue Redevelopment Plan. Your finding will be one factar to be considered in the
approval process.
The 38`h Avenue Redevelopment Plan references many of the goals and policies of the
comprehensive plan in effect at the time the Redevelopment Plan was adopted in 2001.
These goals and policies can be characterized as creating a"gateway" and "main streeY"
defined as being the center of cultural, entertainment and economic activity, accessible by
vehicle, transit and pedestrian, and identified by the inclusion of certain urban design
elements. Additional objectives of the 38`h Avenue Redevelopment Plan are as follows:
• To promote a mixed-use development pattern designed to service the surrounding
neighborhoods and community, to include a balanced mix of residential, retail and
service businesses.
• To improve pedestrian and vehicular circulation and safety.
0 To minimize pedestrian and vehicular conflicts.
To encourage retention and enhancements of existing businesses while creating
opportunities for new complimentary uses.
• To encourage new development and redevelopment that is compatible in scale
and design with the existing character of the Redevelopment Area.
Recommended Findings:
"I'he request Uas no material effect on the 38th Avenue Redevelopment Plan
City of
W heat ~dge
MUNITY DEVEL.OPMENT
.,ity of Wheat Ridge Municipal Building 7500 W. 29'1' Avc
REFERRAL FORM
Wheat Ridge. CO 80013-8007 P: 303.235.2846 F: 303.2352857
Date: 6.17.08 Response Due: 7.1.08
The Wheat Ridge Commotiity Development DepaRment has receivcd a request for approval of a lot line adjustment at tlie property
located at 3$46 Chas'e Streec No responsc from you will constitule having no objections or concems regarding this proposal.
Case No:
LLA-08-02
Request
Adjust lot line between 3846 Chase and 5455 West 38°i Avenue to consolidate lots per vicinity map below. "Che owners of 3846 Chase
would like to acquire Lot 9B tiom 5455 West 38°i Avetiue and eonsolidare lo create one lot. No physical improvements are proposed as
part of this application.
Please respoiid to this request in writing regarding your ability to serve the property. Please specify any new infrastrucmre needed or
improvements to existing in&astructure that will be required. Include any easements that will be esseiitial ro serve the properry as a
result of this developmenl. Please detail the requirements Cor development in respect to your ndes and regulations. If you need further
clarification, contaet the case tnanager.
Case Manager:
Phone:
Fax:
Email:
Jeff Hirt
303.235.2849
303 235 2857
jhirt@ci.whea[ridge.co.us
DISTRIBUTION
Water District
Denver Regional Council of
Governments
Wheat Ridge Poliee
De artmenUCommunity Services
,anitation District
JeffCo Health Department
Wheal Ridge Public Works
X
Fire District (Wheat Ridge)
X
JeffCo Schools _
Wheat Ridge Pazks & Recreation
Adjacent Ciry
JeffCo Commissioners
Wheat Ridge Forestry Division
JeFferson Counry Planning De t.
A'I'&T Broadband
X
Wheat Ridge Building
X
Xcel Energy
X
Urban Drainage and Flood Control
District
Wheat Ridge Urban Renewal
Authority
X
Qwest Communications
X
Regional Trans ortation District
Colorado Dept. of Transportation
Wheat Ridge Post Office
stim~+..i.~.~iieatrid5c.caus
- - -
STEWART GARDENS LOT LINE ADJUSTMENT No.1
A LOT LINE ADJUSTMENT OF BLOCK 9. STEWART GARDENS
A SUBDIVISION BEING A PORTION OF THE SOUTHWEST 114 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P M
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
YHy4,
ONNERS CER MICA 7F
WE. '1:ANA OUNCAN AND AND 13N BEnAF IA' .ORAL PROPERTES. INC. A
E;k CRADO CORPORATION, BEND TtiE )'AN; 2(St RE AI ROE. T CC-N - A V -c : 213 ACRES DESCRIBED AS
FJLiOW
ME NORTH 110 FEE OF dla(X 7G- 1 Tf ,4RT GARO Ny AND 711f ;-I, ,2^ FEET OF BLOC- ICI AND 12.
S?EWART GARDENS AND BLOOK 9_ y:E AH GARDENS
HAVE LAID OUT, SUBDIVIDED AND RLA T-,EC SAO 'AND A PER 'H D-1- PECK, CONTAINED "NELR THE NAME
AND STYLE OF ~j GARDENS yL1'I SN A;1,r ISiIIFNT I A S' BfIN N. Ii PAR' OF THE f;iY OF NHEA-
RIDGE. COLORADO AND BY THESE RRESENTS DO DEOICAP TO 'PC ' T LM APE ROOF AND THOSE MUNICIPALLY
OWNED AND/OR MUNICIPALLY FRANCHISED URIIT~ES AND SERVICF' I. DOSE PORTIONS OF REAL PROPERTY SHOWN AS
EASEMENTS FOR ME CONSTRUCTION, INSIAL,AHCEAL OPERATION u-]"ENANCE. REPAIR AND REPLACEMENT FDR ALL
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SEWER LINES. HYDRANTS, SFORM WATER S'S--S AND PPES DE.. .N -5. STREET UGNTS AND AL.
APPURIENANCES THERETO.
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6. NOTICE. ANY PERSON WHO MNOWNGLY REMOVES, ALTERS OR OE'ACE5 ANY PUBLIC LAND SURVEY MONUMENT, OR LAND
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SURWYOR'S CER71nCATE
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'IFWAAi GAROEN< 0( FAO WIyt~F,BZ N.. I. WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE
BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE 'NTH ALL AVPUCA13LE COLORADO STATUTES.
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AS ' S KURT LINK AND ASSO(;IAHS
Wheat Ridge Urban Renewal Authority
7500 W. 29th Avenue Wheat Ridge, Colorado 80033 303235-2846 303-235-2857 (Fas)
TO: Urban Renewal Authority Board Me bers
FROM: Patrick Goff, Executive Director.~~
RE: Town of Marble v. Darien - Colorado Supreme Court Decision
DATE: June 22, 2008
Attached is a memorandum from Corey Hoffmann which addresses the recent decision
by the Colorado Supreme Court in Town ofMarble v. Darien, 1008. Jeff Parker will be at
the July l" WRURA meeting to briefly discuss the case and to answer any questions.
Attachments:
1. Memorandum from Corey Hoffmann, dated June 9, 2008
HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C.
1350 Seventeenth Street, Suite 450
Denver, Colorado 80202-1576
Telephone: (303) 825-6444
Facsimile: (303) 825-1269
Jolm E. Hayes
Corey Y. HofTmann
Kendra L. Carberry
lefferson H. Parker
Fairplay Otfice
675 Main Street
P.O. Box 1046
Fairplay, CO 80440
Teiephona (719) 836-9005
Facsirttile: (719) 836-9010
Hilary M. Graham
Gregory D. Graham
Chacissa A. Eckhoul
Of Comisel
Herbert C. Phillips
WHEAT RIDGE URBAN RENEWAL AUTHORITY
MEMORANDUM
TO:
- FROM:
DATE:
RE:
WSEAT R[DGE URBAN REIVEWAL AUTHORITY
PATRICK GOFF, EXECUTIVE DIRECTOR
COREY Y. AOFFMANN, GENERAL COUNSE
GREGORY D. GRAHAM, ESQ. U
JUNE 9, 2008
TOWNOFMARBLE v. DARIEN-COLORADO SUPREME COURT
DECISION
This memorandum addresses the recent decision by the Colorado Supreme Court in Town
of Marble v. Darien, 2008 WL 1700473, No. 07-SC-0 l (Colo., Apr. 14, 2008).
As you may recali, in November of 2006, the Colorado Court of Appeals detetmined that
the Town of Mazble had violated the Open Meetings Law (the "OML") by taking action on an
item that was not placed on ihe agenda as an action item. Darien v. Towri of Mnrble, 2006 WL
3316281 (Colo. App. Nov. 16, 2006). As a resuit, we indicated to you that several questions and
concerns have been raised concerning the court's interpretation of the OML in the Marhle case.
Most importantly, a strict reading of the Court of Appeals' Marble decision placed a
burden on those officials who manage open meetings to ensure that no policy or position is
formally adopted if that policy or position was not outlined on the public notice's agenda. We
advised that if a measure liad not been propedy noticed, any decision on that matter should be
postponed until a la[er date. We also advised carefully drafting meeting agendas so that there is
always the possibility of a formal action on any agenda item, and suggested last minute action
items should not be added without notice being posted at least twenty-four (24) hours prior to a
6i➢/OR
Q: IUSERSIIYRUR.4ICYH120041DARlEN TOIVN OF bfARBLE-MDI.DOC
June 9, 2003
Page 2
sclteduled meeting. If a matter had not been properly noticed, we suggested consideration of the
measure be postponed until a later date.
Fortunately, based on the Colorado Supceme Court's decision as described below, many
of the constraints we recommended are no longer necessary.
Analvsis
In its ruling, the Supreme Court held that the notice of a public meeting does not need to
"precisely set for[h every single item to be considered at [the] meeting." Darren at *5 ciring
Benson v. McCormick, 578 P.2d 651, 652 (1978) (intemal quotes and ciYations omitted). The
Court reasoned that such a requirement would prohibit public bodies from conducting business
"in a reasonable maimPr because it would prohibit them from addressing any item not
specifically listed on Uie uotice even though the item is reasonably related to a listed item." Id.
Moreover, the Court noted that "the possibility of formal action is inherent in consideration of
[opics at public meetings." Darien at *6 (emphasis added).
Therefore, the Court held that "a notice is sufficient as long as the items actually
considered at the meeting are reasonabtv related to tUe subjact matter indicated by the notice..."
Darien at *5 (emphasis added). Whether a member of the community would be able to discern
what items would be "reasonably related" to the subject matter indicated by a notice appears to
depend in large part on the manner in which the particular governmental body operates.
The Plaintiffs argued that the meeting notice was not "full" as required mider the ObiL
because the term "update" is a term of limitation, excluding the possibility that formal action
could be taken, and that the notice did not contain "specific agenda information." See Darien at
*6. The court disa„reed, holding that an ordinary member of the MarUle community would have
understood that the project in question might have been considered based on the language, "Mil]
Site Committee Update," which was contained in the meeting notice. The Court reasoned that:
1) anyone who had attended prior Town Council meetings would have known that the Town
Council regularly took formal actions under agenda items with the word "update" in them, rather
than specifying ihat a particular action might be taken, see Darien at *2; and 2) anyone interested
in the Project would also have been awaze that Uhe Mill Site Committee had been tasked with
£ormulating proposals for the Town's park, which included consideration of the Project, see
Darieti at *5.
The Plaintiffs also argued that the Town Council could have refrazned from taking action
on the Project, set a future meeting aiid issued a new notice of that meeting lis[ing the fact that
formal action might be taken on the Project. Therefore, according to the Plaintiffs, it was
"possible" For the Tuwn Council to huve provided "specific agenda in£ormation" prior to taking
fortnal action on the agenda item in confortnance with the OML. The Court again disagreed,
finding it unreasonable to require a pubiic body to set a future meeting and issue a new notice of
that meeting fistiug the fact that formal action might be taken on a particular topic because, as the
6/2OS
Q: lL%SERSi{f'RUR,11C1'H71il0810AlUEN 1'. TOWN OF M.aReLE-hlOLDOC
J,,,,z 9, zoos
Page 3
Court found, "tlie OML imposes no requirement that specific advance notice be given of fonnal
actions that might be taken," especially "when the action already falls under a topic listed on Ute
notice." Darien at *7, "8. Such a requirement would "unreasonably hamper the business and
operation of government." Darien at *7. Rather, because the OML requires specific agenda
information only "where possible," in cases such as Darien where there was no preconceived
intent or plan to take formal actiou when notice of the meeting was posted, the notice was
sufficient because it provided the infomtation that was "available at the time of posting." Darien
at *8.
Cooclusion
The standard announced by the Darien Court wuld be difficult to apply because it
appeais to requi[e a somewhat subjective analysis of the manner in which a public body conducts
its business. In Dnrien, for example, it was significant to the CouR that the Town Council
"regularly" took formal action on items when the word "update" was contained in the notice.
The Court also gave considerable weight to what it believed a reasonable member of the
community would have understood.
Thus, the salient point ro talce from the Darien opinion is that the notice of a public
meeting must contain specific inforntation "where possible," but even if the notice does not
specifically state it, formal action may be taken if the action is reasonably related to the
information provided in the notice. In olher words, while a public body cannot hide its intentions
by failing to include specific information in its meeting notices,' a public body may take action
on an item reasonably related to information provided in the notice without violating the OML.
Please let us know if you have any questions.
' Dariea at *8 (OML prohibits bad-faith crzcumvention of its requirements).
bi9'08
L?:IUSER5l4VRURSICFM10081DARlEN!! TOWNOFMARBCE-MO!_DOC
Wheat Ridge Urban Renewal Authority
7500 W. 29th Avenue Wheat Ridge, Colorado 80033 3032352846 303-2352857 (Fas)
TO: Urban Renewal Authority Board Members
FROM: Patrick Goff, Executive DirectorD~
RE; The Comerstone Group v. Wheat Ridge Urban Renewal Authority
DATE: June 23, 2008
A settlement conference for The Cornerstone Group v. Wheat Ridge Urban Renewal
Authority case has been scheduled for July 21, 2008. Legal counsel will call for an
executive session pursuant to C.R.S. Section 24-6-402(4)(b) to discuss in greater detail
with the Board.
Attachments:
1. Letter to Corey Hoffinann, dated June 12, 2008
TTt
LIGHT, HARRINGTON & DAWES, P.C.
ATTORNEYS AT LAW
WRITER SQOARE OPFICE TOWER
1512 LARIMER STREET, SOITE 300
DENVER, COLORADO 80202
TEL. (303) 298-I601
FAX (303) 298-1627
E-MAIL wshen@lhdlaw.com
WENDY J. SHEA
Corey Y. Hoffmann, Esq.
Hayes, Phillips, Hoffmann & Carberry, P.C.
1350 17t1i Street - Suite 450
Denver, CO 80202
June12,2008
RE: The Cornerstone Group XIl, L.L.C. v. Wheai Rrdge Urban Renewal Authorrry et al.
Jefferson County District CouM; Case No. 2004 CV 3513
Dear Mr. Hoffmann:
Enclosed is confirmation of the sett(ement conference at the Judicial Arbiter Group, Inc.
in the above-referenced matter. The settlement conference will be with Judge Kirshbaum on
July 21, 2008 at 9:00 a.m. The confidential settlement statement is due to Judge Kirshbaum on
July 14, 2008, and we will provide you with a draft for your review prior to that time. In the
meantime, if you have any questions, please feel free to contaCt us.
Very truly yours,
Enclosure
cc (w/ encl.): Pat Meirill, PC Claims Supervisor
LIGHT, HATtRINGTON & DAWES, P.C.
WPndy J. Sltea
RE: Claim No:
04001386
Member:
Wheat Ridge Urban Renewal Authority (WRURA)
Claimaut:
The Cornerstone Group XXII, L.L.C.
Trial Date:
October 20, 2008 (5 day jury trial)
Suile 400 Suile 1130 Judlolal Arbibr Oroup, Ino.
180181e1teSUeet 90SpNh CescadeAvenue
Denver. CA 80202 Cobrado Spnngs. 008090.3
303-57Z1919 779-473-8282
1-800-AflBITER 719-473-9542(FAp 303-571-1115 (FNQ
June 11, 2008
Thomas D. Leland, Esq.
Messner & Reeves, LLC
1430 Wynkoop Street
Su(te 400
penver, CO 80202
Steven J. Dawes, Esq.
Light, Harrington & Dawes
1512 Larimer Street
Sulte 300.
Denver, CO 80202
RE~~~~VED
JUN 12 2005
LIGHT, HARRlNG1'ON
& DAWES, P.C.
JAG Number: 2008-0940
Counsel,
This letter shail serve as a confirmation of the SEITLEMENT CONFERENCF. in the case oP:
The Co[nersiong Groun XXII v The Whfi
tr. . U~ an Rei~ewa!
. . . .
: ci: c ~ . . . . . ; . . . . . . . . . . _ . . . .
. . . . , . . .
_ ach0dla4etl for . Moi~day;')Oly 2X; . 7002 09:0 . 0 ~AM
! - Howard:i<Irshbaum.:..
At the off(ces of: Judicfal Arbiter Group, Inc.
1601 Blake SCreet
Suite 400
Denver, CO 80202
Phone:(303) 572-1919
Please forward a confidentlai settlement staCement and/or any medical reports, depositions
or other documents you feei might assist the arbiter in reviewing the issues in this case to;
Howard Kirshbaum
Judicial Arbiter Group, Inc.
1601 Blake Street
Suite 4.00 '
Denver, CO 80202
Phone: (303) 572-1919 Fax: (303) 571-1115
(The location for filing pre-arbitration materials is not always the same as the hearing
location.)
vNlaterial.shou/sl-be flJed by: Ftonday.. luly:l4, 2008
Courisel-fior_t4ie-piaintiff shouid provide for'the attendance of the plaintiff at any confarence.
Counsel for the defendant should provide for the actendance of the deiendant(s) or a
Settlement letter ' Page 1 of 2
responsible claims manager or thefr accessibility by telephone if final consent is required for
settlement.
The arbiter charges $320.00 per hour of arbiter time, $160,00 per hour of travel time and,
where approprfate, $65.00 per hour of paralegal support time. Cases requlring overnight
travel will be charged a$400.00 per diem to cover the associated costs. Cases requir(ng afr
travel wtll be charged the associated airfare. It is assumed that each party's counsel in this
proceeding shali be responsible for an equal share of these costs.
Please communicate any private agreement between counsei which provides for a different
apportfonment directly to Tina Cowles, Controller, (n writing. This information is not
provided to the selected arbiter but merely used to asslst in proper btlling.
Please feel free to contact us for additional Information.
Sincerely,
y~~
\-''!Y ~I
-1 ~
Michele Zeigler
]udiciai Arbiter Group, Inc.
Settlement Let[er Paqe 2 cf 2