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HomeMy WebLinkAboutCity Council Agenda Packet 03/24/20146:45pm -Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 24, 2014 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge . Call Heather Geyer, Administrative Services Director, 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 ROLLCALL OF MEMBERS APPROVAL OF MINUTES OF February 24,2014 and March 3, 2014 PROCLAMATIONS AND CEREMONIES National Victim Rights Week Proclamation Human Trafficking Proclamation 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. 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 ,L CONSENT AGENDA a . Motion approving a contribution in the amount of $139,000 to Wheat Ridge 2020 for the purpose of funding the Building Up Business (BUBL) and Home Improvement (HIP) Revolving Loan Programs, and providing support for other WR2020 core programs . Q.. Motion to approve funding in the amount of $45,000 to the Wheat Ridge Business District Revitalization Incentive Grant Program for Fiscal Year 2014 . c . Motion to award ITB-14-03, 2014 Crack Seal Project, to Coatings Inc., Arvada, Co, in the amount of $142,410, with a contingency amount of $7,120 and authorize the Director of Public Works to issue change orders up to a total contract and contingency amount of $149 ,530 CITY COUNCIL AGENDA: March 24, 2014 Page -2- CONSENT AGENDA con't ~ Motion to award RFP 14-02 Natural Gas Suppliers to Centerpoint Energy Services, Inc., Denver CO e. Motion to award RFP-14-01 Police Vehicle Equipment & Installation Services for four vehicles to AV-Tech Electronics, Inc., Wheat Ridge CO at a cost of $11,463.11 per vehicle and a total amount not to exceed $45,852 t Motion to award ITB-14-04 to Barba & Sons Construction Inc., of Broomfield, CO in the amount of $95,376 which includes the base bid and demo bid alternate with a contingency amount of $9,536 and authorize the Parks & Recreation Director to issue change orders up to a total amount of $104,912 for the Police Department Remodel Project ORDINANCES ON FIRST READING 2 . Council Bill No . 01-2014-An Ordinance approving the rezoning of property located at 6405-6409 W. 44th Ave. from Restricted Commercial (RC) to mixed Use-Neighborhood (MU-N) (Case NO. WZ-14-01/Lombardi) DECISIONS, RESOLUTIONS AND MOTIONS ~ Resolution 19-2014-approving an Intergovernmental Agreement with the Regional Transportation District (RTD) for the Tabor Street Multi-Modal Improvements from the 1- 70 North Frontage Road to Ridge Road 4. Resolution 20-2014-authorizing the City Manager to negotiate a redevelopment agreement and related documents in connection with the proposed redevelopment at the southwest corner of 38th & Kipling St. ~ Motion to appoint Lisa Hollenbeck to the Planning Commission Representing District IV, term to expire March 2, 2017 6. Motion to appoint William Gehl to the Liquor Licensing Authority Board representing District IV, term to expire March 2, 2016 L Motion to appoint Dan Bradford to the Board of Adjustment, Alternate At-Large Vacancy, term to expire March 2, 2016 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 24, 2014 Mayor Jay called the Regular City Council Meeting to order at 7:00p.m. ROLL CALL OF MEMBERS Jerry DiTullio Bud Starker Zachary Urban Kristi Davis Tim Fitzgerald George Pond Tracy Langworthy Genevieve Wooden Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Public Works Director, Scott Brink; Economic Development Coordinator, Steve Art; other staff and interested citizens. APPROVAL OF MINUTES OF January 27,2014 Without objection the Minutes of January 27, 2014 were approved as published. CITIZENS' RIGHT TO SPEAK Davis Reinhart said he believes people on both sides of the issue of 38th Avenue want to see investment in the corridor, but those who are upset about it aren't pleased with the way the City has gone about the issue. There is a budget shortfall. He believes we have aging infrastructure while there is $5M in deferred maintenance. He suggested that Council put forward to the voters a TABOR amendment for a tax increase, and to do it now so there is time for the community to discuss it. APPROVAL OF AGENDA Attorney Dahl requested an executive session at the end of the meeting just prior to adjournment and following Elected Officials Matters to take legal advice regarding the 32"d Avenue construction contracts . .1:. CONSENT AGENDA a. Motion to approve payment of the Sales Tax Increment Share Backs for January of Fiscal Year 2014 from the Wheat Ridge Urban Renewal Authority Town Center Project in the amount of $41,944.23 to Renewal Wheat Ridge City Council Minutes February 24, 2014 Page 2 [Commercial area east of Wadsworth , between 3£1h and 44th_ Budget allotment for 2014 totals $425,000. Originated in 1981 for 25 years; amended several times; expires 12131114 .] !2.:. Resolution 17-2014 -amending the Fiscal Year 2013 Crime Prevention/Code Enforcement Fund 63 Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $23 ,311 to fund increased expenditures as a result of implementation of the New Compensation Plan [Wrapping up 2013 financials ; covers increases in salary and expenses such as FICA , medical and dental insurance; for 3 community service officers, 1 crime prevention officer and . 5 FTE police sergeant; funds available; Council approval required.] c . Resolution 16-2014 -amending the Fiscal Year 2013 Budget to reflect the approval of increased available Beginning Fund Balances in certain funds [Presented for Council approval per recommendation of the City's independent auditor. Recognizes increased revenue in six funds (General, CIP, Open Space, Conservation Trust Fund, Crime Prevention/Code Enforcement, Court) totaling $2 ,482,312 .65. Does not impact 2013 expenditures or the approved 2014 budget.] d . Resolution 15-2014-approving the purchase of a replacement Police Patrol Sedan with all required equipment , lighting and markings , amending the Fiscal Year 2014 Public Works Operations Budget , and approving a Supplemental Budget Appropriation in the amount of $48 ,753 [Replacement of a 2011 Caprice patrol sedan that was hit by a non-city snow plow on 211114 and is beyond repair. As with all patrol vehicle replacements approved for 2014, this replacement will be a Ford Interceptor utility vehicle .] Councilmember Wooden introduced the Consent Agenda and read the titles. Motion by Councilmember Wooden to approve the consent agenda ; seconded by Councilmember Fitzgerald; carried 8-0 DECISIONS, RESOLUTIONS AND MOTIONS 2 . Motion to Ratify Mayoral Appointments to Renewal Wheat Ridge, Term to Expire November 30 , 2014 Councilmember Davis introduced Agenda Item 2 . This appointment fills a mid- term vacancy. City Council Minutes February 24, 2014 Page 3 Motion by Councilmember Davis to ratify the District Ill Mayoral appointment of Tim Rogers to Renewal Wheat Ridge, term to expire November 30, 2014; seconded by Councilmember Pond; carried 8-0 3. Motion to Ratify Mayoral Reappointment of Chad Harr to the Housing Authority representing District II, term to expire March 2, 2019 Councilmember Langworthy introduced Agenda Item 3 Motion by Councilmember Langworthy to ratify the Mayoral reappointment of Chad Harr to the Housing Authority representing District II, term to expire March 2, 2019; seconded by Councilmember Davis and Wooden; carried 8-0 4. Motion to approve appointments to Boards and Commissions Motion by Councilmember Starker to approve Karen Berry to the Building Code Advisory Board , term ending 3/2/17; seconded by Councilmember Langworthy Motion by Councilmember DiTullio to substitute the name Nathan Hoppe; seconded by Zachary Urban; failed 2-6, with Councilmembers Wooden, Langworthy, Fitzgerald, Pond, Davis and Starker voting no. Main motion to appoint Karen Berry carried 7-1, with Councilmember DiTullio voting no. Motion by Councilmember Starker to appoint Diane Robb to the Cultural Commission, term ending 3/2/17; seconded by Councilmember DiTullio; carried 8-0 Motion by Councilmember Starker to appoint Bea Slingsby to the Animal Welfare Commission, term ending 3/2/15; seconded by Councilmember Langworthy. Motion by Councilmember DiTullio to substitute the name Brittany Fitzsimmons; seconded by Councilmember Urban; tied 4-4 with Councilmembers Starker, Fitzgerald, Davis and Urban voting no. Mayor Jay voted no and the motion failed . The main motion to appoint Bea Slingsby carried 7-1, with Councilmember DiTullio voting no. Motion by Councilmember Starker to appoint Tara Jahn to the Parks & Recreation Commission, term ending 3/2/16; seconded by Councilmember Davis; Motion by Councilmember DiTullio to substitute the name Brittany Fitzsimmons; seconded by Councilmember Urban; failed 2-6, with Councilmembers Wooden, City Council Minutes February 24 , 2014 Langworthy, Fitzgerald , Pond , Davis and Starker voting no . The main motion to appoint Tara Jahn carried 7-1, with Councilmember DiTullio voting no . Page4 Motion by Councilmember Urban to approve the following appointments to District II Boards and Commiss ions : Lily Griego to the Board of Adjustment, term ending 3/2/17 Jill Shannon to the Cultural Commission , term ending 3/2/15 Milly Nadler to the Cultural Commission , term ending 3/2/17 Patricia Ennis to the Parks & Recreation Comm ission , term ending 3/2/17 Steve Timms to the Planning Commission , term ending 3/2/17 Seconded by Councilmember Davis ; carried 8-0 Motion by Councilmember Pond to approve the following appointments to District Ill Boards and Commissions: Virginia Petty to the Animal Welfare Commission , term ending 3/2/17 Tom Abbott to the Board of Adjustment , term ending 3/2/17 Michaellllo to the Cultural Commission , term ending 3/2/15 David Balezo to the Cultural Commission , term ending 3/2/17 Kathy Koniz to the Parks & Recreation Commission, term ending 3/2/17 Emery Dorsey to the Planning Commission , term ending 3/2/16 Seconded by Councilmember Fitzgerald. Councilmember Davis suggested appointing Brittany Fitzsimmons to the other District Ill Animal Welfare Commission position [vacant with no applicant] to serve "out of district". Discussion followed . Mr. Pond expressed a strong desire to have a veterinarian who lives in District Ill be on the Commission. Mr. Urban spoke about having willing volunteers who have applied and are eager to serve . City Council Minutes February 24, 2014 Page 5 Mr. Pond called for the question. The motion for the District Ill appointments carried 8-0. Motion by Councilmember Pond to appoint Brittany Fitzsimmons to the Animal Welfare Commission serving District Ill, term to expire 3/2/17; seconded by Councilmember DiTullio; There was further discussion about having a veterinarian on the Animal Welfare Commission. Mr. Dahl clarified how the Code provides for two ex officio members who are licensed veterinarians that maintain a practice in Wheat Ridge. They need not be residents of the city. The main motion to appoint Brittany Fitzsimmons carried 8-0. Motion by Councilmember Langworthy to approve the following appointments to District IV Boards and Commissions: Paul Hovland to the Board of Adjustment, term ending 3/2/17 Deborah Bollig to the Cultural Commission, term ending 3/2/17 Sandra Hagevik to the Cultural Commission, term ending 3/2/15 Christine Taraskiewicz to the Parks & Recreation Commission, term ending 3/2/17 Liz Veeder to the Parks & Recreation Commission, term ending 3/2/17 No appointment to the Planning Commission. Seconded by Councilmember Wooden. Clerk Shaver pointed out that the application process has deadlines and applicants follow them. It's time to appoint people. We have an applicant for District IV for the Planning Commission that is not being appointed. Councilmember Langworthy explained that John [sic] Maes is not an applicant she and Councilmember Wooden want to move forward with. The motion for the District IV appointments carried 8-0. Motion by Councilmember Starker to approve the following appointments to At-Large Boards and Commissions: City Council Minutes February 24, 2014 Page6 Nathan Hoppe to the Building Code Advisory Board -At-Large, term ending 3/2/17; seconded by Councilmember Langworthy. Motion by Councilmember DiTullio to substitute the name Dan Bradford; seconded by Councilmember Urban. Discussion followed. • Councilmember DiTullio noted that Mr. Bradford had applied for this board before. He's a building code inspector for the City of Westminster and would bring good expertise. • Nathan Hoppe, a contractor, was present and spoke. • Mike Griffeth, a structural engineer who also applied, was present and spoke. Councilmember DiTullio's motion to appoint Dan Bradford failed 2-6, with Council- members Wooden, Langworthy, Fitzgerald, Pond, Davis and Starker voting no. There was discussion about the areas of expertise of the current board members . Motion by Councilmember DiTullio to substitute the name Michael Griffeth; seconded by Councilmember Fitzgerald ; failed 2-6, with Councilmembers Wooden, Langworthy, Pond, Davis, Urban and Starker voting no. The main motion to appoint Nathan Hoppe carried 7-1 , with Councilmember DiTullio voting no. Motion by Councilmember Urban to appoint Larry Richmond to the Board of Adjustment as At-Large Alternate, term ending 3/2/17; seconded by Councilmember DiTullio; carried 8-0. Motion by Council Fitzgerald to appoint Michael Griffeth to the Board of Adjustment as At-Large Alternate, term ending 3/2/17; seconded by Councilmember DiTullio; carried 8-0. CITY MANAGER'S MATTERS nothing CITY ATTORNEY'S MATTERS nothing CITY CLERK'S MATTERS Janelle Shaver informed Council that the City has been approached by the County to have an outdoor 24-hour ballot box installed at City Hall and to use Council Chambers next November as a Voter Polling and Service Center on Election Day . City Council Minutes February 24, 2014 Page 7 ELECTED OFFICIALS' MATTERS Genevieve Wooden announced Live Local Harvest Food and Film Series at the Active Adult Center this Wednesday at 6:30. It's a pot luck and movie. Tracy Langworthy reported that last Tuesday three members of the Kite Flite Festival Committee went to Wheat Ridge 5-8 and spent the day teaching students the art of kite flying including construction, history and aerodynamics. Tim Fitzgerald noted the passing of Jan Lindgren, longtime resident who had been very active at the Adult Center and with children. She is Cheryl Brungardt's mother. George Pond thanked everyone who applied for boards and commissions, and congratulated those who were appointed. There are other opportunities to participate in the community and if anyone is interested in that please contact him. Kristi Davis thanked those who applied for boards and commissions, and congratulated the appointees. -She has good information from the Smart Growth Conference she attended and will bring that to Council in the future. He thanked the City for the opportunity to attend. Zachary Urban noted a Facebook page called The Wheat Ridge Neighbors . It is a good way to get referrals, find out about events, and get connected to the community. Jerry DiTullio thanked participating businesses as well as Patrick Goff and Mike Steinke from the IT Department of the City for allowing his students from Wheat Ridge High School to job shadow recently. -He thanked Mr. Pond for considering Brittany Fitzsimmons for the Animal Control Commission. Mayor Jay reminisced about Jan Lindgren, noting her passion for life and good sense of humor. During her last weeks in hospice she was writing a book called "How to Have Fun at Funerals." -The Mayor also attended the Smart Growth Conference. Motion by Councilmember Davis to go into Executive Session for a conference with the City Attorney under Charter section 5.7(b)1 and section 24-6-402 (4)B C.R.S. specifically for legal advice from the City Attorney and appropriate staff concerning 32"d Avenue construction contracts, and further to return to the open meeting at the close of the Executive Session for the purpose of taking any formal action deemed necessary; seconded by Councilmember Starker; carried 8-0 . The City Council Meeting adjourned at 8:56 pm. City Council Minutes February 24, 2014 Page 8 The City Council adjourned to the Lobby Conference Room for an Executive Session . The Executive Session commenced at 8:01 pm and adjourned at 8 :32pm . City Council then reconvened to regular session and immediately adjourned . APPROVED BY CITY COUNCIL ON March 24 , 2014 BY A VOTE OF to Kristi Davis , Mayor pro tern The preceding M inutes 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 WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 3, 2014 Following adjournment of the regular Study Session, Mayor Jay called the properly noticed Special City Council Meeting to order at 9:32 p.m . MEMBERS PRESENT Bud Starker Zachary Urban Kristi Davis Tim Fitzgerald George Pond Tracy Langworthy Genevieve Wooden Absent: Jerry DiTullio Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager, Patrick Goff; and interested citizens. CITIZENS' RIGHT TO SPEAK none APPROVAL OF AGENDA DECISIONS, RESOLUTIONS AND MOTIONS .1. Resolution 18-2014-Amending the Fiscal Year 2014 Capital Investment Program Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $500,000.00 for the 32"d Ave. Widening Project The widening project on 32"d Avenue from Braun Court to Wright Court was funded with a federal grant ($2.9M), money from Jefferson County ($1.25M) and Capital Improvement funds from the City ($1.3M). The project is almost finished and all allocated monies have been exhausted. The original contract budget has been exceeded by an estimated $1 . 1M - a substantial portion of which is under dispute between the contractor and the City. During construction several unexpected major items were encountered, including extensive subgrade excavation, retaining wall redesign and additional construction, unforeseen utility relocations, additional temporary signals and traffic control, and quantity overruns and work items. Mr. Goff explained that staff is comfortable that $500,000 is what the City legitimately owes for cost overruns. Another $700,000 is still being negotiated with the various contractors. Special City Council Minutes, 2014 Page 2 Mr. Dahl reported meeting with the Public Works staff and confirmed that this $500 ,000 appropriation will easily cover what they intend to pay to the contractor and engineers . He indicated that another $400-500 ,000 is still in question for delay damages, cost overruns , and unforeseen engineering costs . He 's told the landscaping is underway and the project will be finished in a week. He will wait until he gets final invoices then so that our response is specific and final. Motion by Councilmember Pond to approve Resolution No . 18-2014-A resolution amending Fiscal year 2014 Capital Investment Program Budget to reflect the approval of a supplemental budget appropriation in the amount of $500 ,000 for 32"d Avenue Widening Project; seconded by Councilmember Fitzgerald . Discussion followed . Mr. Dahl does not anticipate the need for additional appropriations. Motion carried 7-0 . The Special City Council Meeting adjourned at 9 :44 pm . APPROVED BY CITY COUNCIL ON March 24 , 2014 BY A VOTE OF __ to __ Kristi Davis, Mayor pro tern 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 availab le for listening or viewing in the City Clerk 's Office , as well as copies of Ordinances and Resolutions . ~ ~ <( ,~ ~ ~ City of • :rwheatRi._dge ITEM NO : ___M, DATE : March 24,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION APPROVING A CONTRIBUTION IN THE AMOUNT OF $139,000 TO WHEAT RIDGE 2020 FOR THE PURPOSE OF FUNDING THE BUILDING UP BUSINESS (BUBL) AND HOME IMPROVEMENT (HIP) REVOLVING LOAN PROGRAMS, AND PROVIDING SUPPORT FOR OTHER WR2020 CORE PROGRAMS D PUBLIC HEARING [gj BIDS /MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 N° READING Q Q~OYES City Manager [gj NO ISSUE: Wheat Ridge 2020 (WR2020) is requesting the City 's annual contribution to the revolving loan program for the Building Up Business Loan (BUBL) and Home Improvement Program (HIP) in the amount of$50,000 , and the first drawdown of funds , in the amount of$89,000 , to support WR2020 core programs including Live Local Wheat Ridge, East Wheat Ridge Block Improvement Program , Community Education and Outreach and Community Identity and Marketing. PRIOR ACTION: City Council approved this funding in the 2014 budget. FINANCIAL IMPACT: A total of$304,000 has been appropriated in the 2014 Budget for WR2020 loan and core programs. This request totals $139 ,000 which includes $50 ,000 for the BUBL and HIP programs and $89 ,000 for core programs. The remaining $165 ,000 will be invoiced throughout the year as services are rendered . Council Action Form March 24 , 2014 Page 2 BACKGROUND: As outlined in the attached letter from WR2020, the requested amount of$139,000 is to support the following programs: Wheat Ridge 2020 Core Programs Grant $139,000 • $50 ,000 to support the BUBL and HIP programs. These low-interest loan programs help incentivize homeowners and business owners to make improvements to their properties. WR2020 will retain six percent for program administration. A balance of approximately $115 ,000 currently exists in this revolving loan fund . Two pending loan applications may utilize the majority of these funds . • $35 ,000 to support Live Local Wheat Ridge. This program sponsors a series of social events at Wheat Ridge businesses to help residents live locally and support local restaurants and businesses. • $15 ,000 for East Wheat Ridge Block Improvement Program. Since 2009, the City of Wheat Ridge Police Department and Wheat Ridge 2020 have partnered to help increase property values and decrease crime from Sheridan to Harlan. Funds will be used for pilot project improvements for targeted blocks. Successful programs may then be replicated throughout the City as needed . • $15 ,000 for community identity and marketing tours . These funds will be used to promote Wheat Ridge by prov iding bus tours of the City for new and potential residents , realtors and investors. • $4,000 for rental of City facilities . WR2020 will rent City of Wheat Ridge facilities to promote the community and deliver programs to residents . • $20 ,000 for community outreach and education. The funds will be used to promote new programs and concepts to educate the community. RECOMMENDATIONS: Staff recommends approval of the contribution to WR2020. RECOMMENDED MOTION: "I move to approve a contribution in the amount of $139,000 to WR2020 for the purpose of funding the Building Up Business and Home Improvement revolving loan programs and providing support for other WR2020 core programs." Or, "I move to deny a contribution in the amount of$139,000 to WR2020 for the following reason(s) " REPORT PREPARED/REVIEWED BY: Steve Art, Economic Development Manager Patrick Goff, City Manager Council Action Form March 24, 2014 Page 3 ATTACHMENTS: I. WR2020 Memo 2. WR2020 Annual Report Partners in a Vibrant Wheat Ridge MEMORANDUM TO: MAYOR, CITY COUNCIL CITY MANAGER FROM: BRITT A FISHER WHEAT RIDGE 2020 RE: REQYEST TO DRAW 2014 BUDGETED FUNDS JANUARY 28, 2014 Several Wheat Ridge 2020 program funding requests were reflected in the 2013 budget approved by Wheat Ridge City Council. At this time, Wheat Ridge 2020 would like to draw down the following funds: $50,000 Revolving Loan Fund for Building Up Businesss and Home Improvement Loan Programs-In 2013, projects were finished with SL, Inc (Colorado Plus Brewery and Tap House, 6995 W 38th Avenue) and with OR Too (Ornamental Beads) at 5712 W 38th Avenue. In addition two homes were funded for Home Improvement Program loans, helping families stay and invest in our community rather than looking for a new home elsewhere. Our portfolio is showing strong payment history with funds reinvested in the revolving fund. As such you can see over $26,000 has been reinvested in the fund and helped our balance. With two commercial properties working on completing applications, we expect to have a strong year in project investment in 2014. Please see the attached report on the use of the revolving loan fund. $89,000 Wheat Ridge 2020 core programs for community and economic development These dollars would be used in delivering the follm.ving Wheat Ridge 2020 programs in 2014: Live Local Wheat Ridge-Our Live Local program continues to grow with 637 members at the end of2013. We are connecting residents with one another and local businesses through our family of Live Local offerings -Live Local Dines, Live Local Active and Live Local Harvest. In 2014 we have planned 11 Dines events, 14 Active events and 9 Harvest events with additional P.O. BOX 1268 WHLAT RIDGL. CO 80034-1268 WWW.WHLATRIDGE2020.0RG PH: 720 259 1030 fAX: 303 940 9332 Attachment 1 impromptu events likely to emerge. The City of Wheat Ridge is listed as a sponsor of all Live Local events. East \'{/heat Ridge Block Improvement Program -The City of \'{/heat Ridge Police Department and \\l1eat Ridge 2020 have partnered since 2009 to increase property values and decrease crime from Sheridan to Harlan in the City of Wheat Ridge. Funds will be used to pilot Block Improvements for targeted blocks with hopes to create replicable programs that can be used throughout the city where needed. Community Education and Outreach -Educating the public on revitalization concepts and policies and equipping citizens \vith planning and development knowledge through Partners in Progress, direct communication and forums. Community Identity and 1arketing Tours-In 2013 we held a sold out :Mid Century and Modern Home Tour as well as our fmt Welcome to Wheat Ridge Tour. In 2014 we have planned another \Velcome to \X!heat Ridge Tour for recent residents and our Realtor Tour. These tours and work with the city's publicist will aid in building our community identity. Rental Fees-this will cover \'{IR2020's rental of city facilities in executing our programs. Wheat Ridge 2020 agrees to report on the use of these dollars and appear at City Council meetings for desired presentations. Please find d1e 2013 Wheat Ridge 2020 Annual Report attached with this memo. WHlAT RIDGL 2020 PAGL 2 ANNUAL REPORT ])ecenaber12,2013 The Neighborhood Stabilization Program (NSP) resulted in an investment of $2.7 million into the community through home renovations of 1 0 foreclosed properties. The final home was resold on January 17, 2013. The second Mid Century and Modern Home Tour attracted over 375 attendees showcasing 6 stellar homes in Wheat Ridge. The Welcome to Wheat Ridge Tour in April brought new residents together to find out what Wheat Ridge has to offer, meet other newcomers to town, and learn how to become more involved in the community. The City was awarded a $400,000 EPA WR2020 was awarded funding from Jefferson County to assist home owners with energy improvements. To date, this forgivable loan program has assisted 15 Wheat Ridge households with replacement windows, roofs, gutters and attic insulation. Neighborhood Block Parties brought together community and friends to celebrate their neighborhood. Brownfield Assessment Grant to provide free environmental assessments for commercial property owners in key redevelopment areas. In partnership with WR2020, outreach to owners is being conducted to encourage participation. Real estate contamination, referred to as brownfields, can be a deterrent to redevelopment until the contamination is removed. Live Grand opening and Live Local Dines event at Kataluma Chai helped the community welcome them to the -_.....:~ -Bu ilding Community in Wheat Ridge Live music and community were in abundance at this Live Local Dines event at Twisted Smoothie. Colorado Plus opened this year and hosted a Dines event, inviting people to try new things & spend their time In Wheat Ridge. A HUGE thank you to Blu Iron Photography for the professional event photos at many events! WHEATRIDGE2020.0RG Attachment 2 Energizing Community in Wheat Ridge With support from the City of Wheat Ridge, 24 members participated in the Farmers 5000, a SK which supports Live Local Active partnered with local health and fitness businesses to host the first annual12-week Winter Fitness Challenge, inspiring increased physical activity for nearly 20 community members. For over 20 weeks, runners and walkers ages 2-70, met at Right Coast Pizza to complete a group SK (or as close as people could get). Park(ing) Day supporting creative placemaking, which resulted in 60+ participants celebrating and advocating for intentional community places and spaces. Hosted three summer Yoga in the Park events with over 30 youth and adults at each event, and collected food items for local pantries. Look for Pilates in the Park in 2014. Family Bowling was hosted for a second year at Wheat Ridge Lanes, with live music, crafts and face painting to welcome families to a safe and engaging community activity. For a second year residents were invited to join Right Coast Pizza and Live Local for a free Gobble Jog/Walk, the event grew to 50+ participants this year. Summer cruiser crawls brought together up to 80 participants each month to support local restaurants and bars and to build community among residents. Participants were drawn from Wheat Ridge as well as surrounding communities! WHEATRIDG E2020.0RG Growlnq ComiTIJnlty In Wheat Rldqe Collaborated with the Wheat Ridge Historical Society and the Wheat Ridge Grange to host an inter-generational storytelling potluck with over 60 participants. Hosted two growers exchange events held in July and one in conjunction with Park(ing) Day in September. Food and Film Series-Launched the new year with a very successful 3-part movie and potluck series engaging over 200 community members. Look for the 2014 series starting in January. Conducted multiple free community education classes over the summer/fall to support more residents learning how to home grow and -. ... ~.~ ... The first annual Chicken Coop Tour successfully engaged 7 sites and 45 participants in a morning of education and com- munity building. Next year may expand to include local farms, and beekeepers. WHEATRIDG E2020.0RG Ridge at 38 is led by a volunteer group of stakeholders along 38th Avenue. Wheat Ridge 2020 is contracted by the city to administrate Ridge at 38. Trunk or Treat gave over 800 kids a safe place to celebrate Halloween in their community. Ridge at 38 has a website and mobile app! The Ridge at 38 launch party introduced community members to the app and answered questions about the project. The collaborative efforts of the City of Wheat Ridge and Ridge at 38 made the Holiday Celebration a success despite the cold with around 1,200 people attending. Clean up day helped beautify Ridge at 38. ver the street banners and pole banners went up along 8th Avenue. Wheat Fest went off with a bang in July and ;:;iii"~~~~~ included live music, breweries from around the community, and activities for the whole family. Look for this festival next year in September to keep temperatures a bit cooler! Ridge at 38 gained attention in the press with features in the Denver Business Journal, Denver Post, and North Denver Tribune among others. RidCJtat38 .com Britta Fi sher FROM THE EXECUTIVE DIRECTOR This has been an exciting time at Wheat Ri dge 2020. We concluded our 2011 -20 13 strategic p lan meeting our goals and exceeding some of our expectations . We also concluded our very successful eighborhood Stabilization Program SP). Through 2. 7 million in SP funding we were able to purchase, rehabilitate and reseU 10 homes that had previousl y been foreclosed. This stabilized blocks and neighborhoods while adding significant real estate value . We have also moved into new areas of growth and managed over 60 events in the past year. We hired Mara Owen to join our team as the Events and Communications Coordinator. Through events we are able to bring out new community participants, support community relationships, and help create a sense of p lace and community. 1a ny people get their first contact with Wheat Ridge 2020 through Live Local and Ridge at 38 events or our marketing tours. Speaking of tours, we added the Welcome to Wheat Ridge Tour and Chicken Coop Tour to join our successful Realtor and Mid Century and Modern Home Tours. It is great to involve new resi - dents and highlight our community's support for urban agriculture. FROM THE BOARD PRESIDENT We have some great people on the board with diverse ideas. We developed a new strategic plan, refined and changed course on a few things. We are headed in the right direction, with goals and a plan in place . We adopted our organizational values: Community : Empowering, Influencing, Connecting, Inclusive, Transparent, Creative Catalyst for Revitalization: Innovative Support for Local Business and Property Future -oriented: Optimistic, Inventive, Belief in Community Potential Sustainability: P erpetuating and Growing There were ma ny other accomplishments thi s past year. We had a great turnout at the recent Holiday Celebration on Ridge at 38 . It was enjoyable to see familiar faces, new people and lots of kid s. There was excitement in the air about everything. Other Ridge at 38 events like \Vheat Fest and Trunk or Treat al so build momentum and commu- nity. Ridge at 38 is making a name for itself and it is great to hear the buzz from around the metro area . It is great to work in a city that wants to invest in its future . It is an as set to have advocates and ambassadors among our elected official s. We need proponents for moving Wheat Ridge forward and are fortunate to have a great partnership with the City of Wheat Ridge. Wheat Ridge 2020 would like to thank Scott Dresse i-M artin of Dressei-Mart in Med iaWorks , Inc. for t he port rait photography . Not Pictured : Ka re n Berry , David Scha fe r €~£~ 2013 TREASURER'S REPORT Direct Public Support FY12-13 Income 729 Government Contracts 61" ...-:_ ___ Program 1" 4" Income 2" WHEAT RIDGE 2020 STAFF l(jm Snctzingcr Mara Owen Denise Balkas FY12-13 Expenses $787, sExpenses 3" WHEAT RIDGE 2020 BOARD Jancecc lloppc Joseph Giordano Genevieve Wooden Warren Blair Kellr Brooks Chad ll arr ... ~~~ ... ~ "' City of • ?WlieatRi_dge ITEM NO: J..J!, DATE: March 24 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE FUNDING IN THE AMOUNT OF $45,000 TO THE WHEAT RIDGE BUSINESS DISTRICT REVITALIZATION INCENTIVE GRANT PROGRAM FOR FISCAL YEAR 2014 D PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES cfl.~ofj ~ NO ISSUE: The Wheat Ridge Business District ("WRBD") is requesting its 2014 budget-approved appropriation for the Revitalization Incentive Grant Program in the amount of $45 ,000. PRIOR ACTION: City Council approved $45 ,000 in funding during the 2014 budget process. FINANCIAL IMPACT: The budgeted appropriation will be expended from the Economic Development budget account number 01-105-700-710. BACKGROUND: The 38 1h Avenue Business District Board of Directors was appointed at the August 12 , 2002 City Council meeting. In 2005 , the 38 1h Avenue Business District changed its name to the Wheat Ridge Business District. In 2011 the City Council approved an initial $40 ,000 in funding to WRBD and then appropriated an additional $55 ,000 on June 8, 2011 (Resolution 16-2011) for additional program funding. In 2012 the City Council approved $40,000 for WRBD , with direction to the WRBD to come back to them with any additional requests. In 2013 Council approved $90 ,000 in funding to V:\Forms\CAFtempl ate Council Action Form March 24 ,2014 Page2 support the Revitalization Incentive Grant Program. The WRBD, working cooperatively with Wheat Ridge 2020, will provide the City Council with reports of expenditures of the funding. RECOMMENDATIONS: Staff recommends funding the entire request of$45,000 to Wheat Ridge Business District for the Revitalization Incentive Grant Program from account number 01-105-700-710. RECOMMENDED MOTION: "I move to approve funding in the amount of $45,000 for the Wheat Ridge Business District Revitalization Incentive Grant Program for fiscal year 2014." Or, "I move to deny funding for the WRBD Revitalization Incentive Grant Program for fiscal year 2014 for the following reason(s) " REPORT PREPARED BY: Steve Art, Economic Development and Urban Renewal Manager Patrick Goff, City Manager ATTACHMENTS: 1. WRBD 2014 Request Letter 2. Revitalization Incentive Program Description and Application Fonn January 23t 2014 Patrick Goff City of Wheat Ridge 7500 W 29th Ave Wheat Ridge CO 80033 Dear Patrick, . . . . :_. ::.: i'fiJdge BVSJN.ESS bismrct I am writing to request the Wheat Ridge Business District (WRBD) 2014 funding of $45,000.00 as approved in the 2014 City of Wheat Ridge Budget. In 2013 the WRBD approved 18 grants totaling over $52,000 for sign, fa~de, accessibility improvements and architectural design assistance. These 18 grants leveraged more than $239,000 in property investments to Wheat Ridge businesses. For 2014 the WRBD will continue to promote our revitalization incentive program, thru matching grant assistance for accessibility, signs, and fa~de imp~ments, and architectural design assistance. We appreciate your pa8t and oontin'fied support of the Wheat Ridge Business District Sincerely, Joseph DeMott Board President, Wheat Ridge Business District .. Signature Attachment 1 PO JJox 1268 Wheat Ridge CO 80034 " ,y ~Ridge BUSINESS DISTRICT Revitalization Incentive Program What is the Wheat Ridge Business District Revitalization Incentive Program? The program offers up to $n,ooo in matching funds to commercial businesses in the City of Wheat Ridge in order to improve the appearance of individual buildings, as well as the overall look of the city. More funding may be available for extensive renovations done by those paid prevailing wages through the Large Project category. All improvements must be to areas visible from the public right-of-way. The goal of this program is to leverage private improvements while making revitalization efforts affordable, creative, and community-based. Local bonus funding will be made available to those commercial businesses that use a business located and licensed in Wheat Ridge as their contractor for the improvements. Upon demonstration of using a licensed Wheat Ridge contractor the maximum grant award will be increased by 10%. As an example, if XYZ Business used Wheat Ridge Contracting, the maximum eligible fac;ade grant of $6,ooo would be increased to $6,6oo. In October 2012, the WRBD Board of Directors implemented an additional funding tier for the conversion of pole signs to monument signs. The maximum award amount for the conversion of a pole sign to a monument sign is $sooo with the time in business requirement waived. The Revitalization Incentive Program is administered by Wheat Ridge 2020 through an agreement with the Wheat Ridge Business District, a volunteer group comprised of Wheat Ridge business owners, property owners, and civic leaders. How does the application process work? After review of the application, the applicant should meet with representatives of Wheat Ridge 2020, and then complete the Program Application Form, with attached documentation. Such documentation includes (but is not limited to): architectural drawings, material/ color samples, and cost estimates. (At least two bids are required.) Wheat Ridge 2020 will conduct a final review of the application and supporting materials, and then make a recommendation to the Board of Directors of the Wheat Ridge Business District. The Board of Directors will vote to accept, accept with conditions, or deny the application. If the application is accepted, the applicant will receive a Letter of Commitment from the Wheat Ridge Business District indicating the specific amount of grant funding and information on any other requirements. The applicant can then Revised: 10/04/12 Attachment 2 Revitalization Incentive Program Description Page I proceed with the necessary review and permit process required by the City of Wheat Ridge. Funds will be released to the applicant upon full completion of the construction of the project, and inspection of the improvements by representatives of the Wheat Ridge Business District for determination that the actual work performed was the work submitted in the application process. Copies of paid invoices (receipts) must be submitted to the Board for reimbursement. There is a grant management fee of up to 5% of the approved grant amount that will be deducted from the grant award. If an application is denied, a new application can be submitted anytime after 30 days from the date the application was denied. Who can apply for funding? Any building owner or store proprietor/tenant with lease authority or authorization from the building owner can apply for funding. The project site must be located within Wheat Ridge. Tenants must have a minimum of two years remaining on their lease or an option to renew. Only architectural work completed prior to application approval is eligible for grant assistance. Applicants must be a member of the Wheat Ridge Business Association or become one. Membership starts at $so.oo. The Wheat Ridge Business Association is an association of local businesses that provides networking, information and training opportunities. The Wheat Ridge Business District is committed to the success of all businesses within the City. Wheat Ridge Business Association may be contacted at www.wheatridge.biz . What types of improvements are eligible for funding? • Fa<;ade • Signs (new, repairs, replacements, removal) • Architectural/Design Assistance Are there any design guidelines? Projects must conform to all aspects of the Zoning and Development Code of the City of Wheat Ridge (as may be amended). For 38th Avenue, this specifically includes the Streetscape and Architectural Design Standard Manual. In order to receive matching grant funding, projects must be approved by the Wheat Ridge Business District Board of Directors. Maintenance such as painting, chairs, and equipment are NOT covered under the program unless painting is part of an overall fa<;ade improvement. The Wheat Ridge Business District has a separate Commercial Exterior Paint Program. Revised : I 0 /0411 2 Revitalization Incentive Program Description Page 2 Sign applicants must be sure to get a sign permit and check the sign code at the City. Sign grant award amounts are tiered based on the length of time the business has been in operation. How is the funding awarded? This is a matching grant program, which means that the applicant pays a portion of the improvement and the Wheat Ridge Business District pays a portion. The amount of the match must be at least 1:1-the applicant pays $1 and the Wheat Ridge Business District pays $1. However, there is a maximum grant contribution by the Wheat Ridge Business District of: $3,000 per project for signs, based on length of time in business $5,000 per project for the conversion of pole signs to monument signs $6,ooo for fa~de improvements $2,000 Architectural/Design Assistance (matching award reimbursed after approved work is completed. Applicant is responsible for all architectural fees.) Upon demonstration of using a Wheat Ridge based contractor the maximum grant award will be increased by 10% as a local bonus. Work completed prior to the Letter of Commitment, other than Architectural, is not eligible for funding. Grant funds are disbursed on a reimbursement basis, and cannot be issued until the proposed project has been fully completed. Before funds are released, applicants will need to submit proof of payment for completed work and representatives of the Wheat Ridge Business District must review the completed project to determine that the actual work performed was the work that was approved. At least two photos of the completed project must also be submitted to reception@wheatridge2020.org. How do I receive funding for Architectural/Design Assistance? 1. Architectural/Design Assistance can be requested for fa~de improvements only. 2. Request for approval of architectural assistance should be made as part of the application process. 3. Request for reimbursement can be made upon completion of the project. Copies of paid invoices are to be submitted to the Board along with the request for reimbursement. How are projects selectedfor funding? Applications will be reviewed and selected based on their compatibility with the vision and goals of the Board of Directors of the Wheat Ridge Business District as well as availability of funds. Revised : 10/04/12 Revitalization Incentive Program Description Page 3 What happens after a project is selectedfor funding? Work selected for a matching grant from the Wheat Ridge Business District must be completed within 6 months of approval of the application-unless extended by the Board of Directors. The applicant is responsible for obtaining all building permits and any other required permits for the work to be done. The applicant is responsible for conformance with all applicable safety standards and conditions. The applicant also agrees to maintain the property and the improvements made through the Revitalization Incentive Program. The Wheat Ridge Business District may promote an approved project by numerous means including, but not limited to, the following: Display of a Wheat Ridge Business District sign or sticker at the site during and after construction; the use of photographs and descriptions of the project in Wheat Ridge Business District communications and materials. Note: The Wheat Ridge Business District reserves the right to make changes in the conditions of the Revitalization Incentive Program as warranted. For additional information contact: Wheat Ridge Business District PO Box 1268 Wheat Ridge, CO 80034-1268 The following numbers are staffed by Wheat Ridge 2020. Phone: 720-259-1030 Fax: 303-940-9332 Revised : 10/04/12 Revitalization Incentive Program Description Page 4 ~Ridge BUSINESS DISTRICT Revitalization Incentive Program Application Form Name of Applicant (Business or Property Owner) _______________ _ Name of Business --------------------------- Address of Business Mailing Address of Applicant (include zip code) Phone Number -----------Fax Number ------------- E-mail address ____________________________ _ rypeofbusiness ___________________________ __ Applicant is the D Property Owner 0 Business Owner 0 Other How many years has the business been in existence?---------------------- How long has the business been operating at the current location? ------------------ When does your current lease expire? If lease expires in less than two years, please explain the circumstances Property owner's name (if different from applicant) ---------------------------- Property owner's address ------------------------------------------------ Property owner's phone number ------------------------------------------ Note: If you are not the property owner, please have the property owner or authorized representative co-sign this application where indicated in the General Conditions. What has led you to invest in your business in Wheat Ridge at this time? ________ __ Revi sed : 10/04 /12 Have you met with the Jefferson County Business Resource Center? _________ _ ** The JCBRC provides no-cost and low-cost assistance to business owners in a variety of areas, including business plan development, market analysis, targeted mailing lists, marketing assistance and more. Learn more at www .jeffcobrc.org or cal1303-996-8976 for an appointment. Have you met with the Small Business Development Center?------------ ** The SBDC is dedicated to helping small businesses throughout Colorado achieve their goals by providing Free confidential counseling and various training programs . The SBDC combines information and resources from federal , state and local governments with those of the educational system and the private sector to meet the specialized and complex needs of the small business community . www .coloradosbdc .org or 720-256-2640 . Application Request: I am applying for (check all that apply): 0 Fa~de Improvements (general maintenance is NOT included) 0 Sign Improvement 0 Architectural/Design Assistance (Maximum matching award of $2,ooo reimbursed after approved work is completed. Applicant is responsible for all architectural fees .) 0 I have selected a licensed contractor /business located in Wheat Ridge to perform the work on my project. I request the additional to% bonus on the grant amount for using this contractor. The following are Wheat Ridge contractors I will use: Proposed Improvements Please describe the proposed improvements to the property in the above categories. Include at least two color photographs showing the existing building conditions. Two bids are suggested, but only one is required. If you have any additional building information such as: measured plans , site plans, or architectural documentation for improvements (plans, sketches, or construction costs), please include them with your application. General improvements are not eligible (i.e. cleaning, new furnishings, etc ... ) Have you or do you intend to employ an architect to design your fa~de? If so, you could be eligible for grant assistance. For Architectural Design Assistance (provide description): 2 Rev ised: I 0/04 /12 Architectural Design Assistance Bid information (please check which contractor you have chosen): Bid #1: Company _________________ Amount _____ _ Bid #2: Company Amount ____ _ For Fagide Improvements (provide description): Fa9ade Improvements Bid information (please check which contractor you have chosen): Bid #1: Company Amount ____ _ Bid #2: Company ________________ Amount ____ _ For Sign Improvements (provide description): Sign Improvements Bid information (please check which contractor you have chosen): Bid #1: Company Amount ____ _ Bid #2: Company Amount ----,--- Sign grant eligibility is determined by length in business. 1 year = up to $1,000 , 2 years = up to $2,ooo and 3 + years = up to $3000. If you are converting an existing pole sign to a monument sign , additional funding is available) Total proposed project budget Amount of funding assistance being requested Desired completion date The applicant authorizes the Wheat Ridge Business District, Inc., to promote an approved project, including but not limited to displaying a sign or sticker at the site (during and after construction), and using photographs and descriptions of the project in informational materials and press releases. The applicant understands that the Wheat Ridge Business District, Inc. reserves the right to make changes in conditions of the Revitalization Incentive Program as warranted. 3 Rev ised : I 0/04!1 2 Applicant understands that, in the event this application is approved , a binding letter of commitment must be signed and recorded prior to release of grant funds. Applicant understands that up to a s% grant management fee will be applied if grant is approved. Signature of Applicant ____________ Date _________ _ If applicant is not the property owner, please have the property owner or an authorized representative review and co-sign this application below. As owner of property at -------------------I have reviewed the above application and authorize the operator of ------------------ at said address to perform improvements described above as part of the Wheat Ridge Business District's Revitalization Incentive Program. Signature of Property Owner Or Authorized Representative __________ Date SUBMITIAL CHECKLIST Please include the following and initial each item to show that it has been included: ___ An original application form and the following: ___ TWO color photos of existing building and/or sign -please email photos to kim @WheatRidge202o.org ___ Color renderings of proposed scope of work ___ Quotes or bids from 1WO separate firms for proposed work, bids must clearly show the cost for the requested improvement(s). ___ Signed and notarized original Acceptance of General Conditions form. ___ $25 application payable to: Wheat Ridge Business District. ___ Wheat Ridge Business Association (formerly Enterprise Wheat Ridge application and fee if non-member (membership status will be confirmed). Check made payable to: Wheat Ridge Business Association. **Wheat Ridge Business Association is a sister organization to the Wheat Ridge Business District and provides networking and training opportunities for small businesses. ___ Completed application, with fees and all attachments, can be mailed to Wheat Ridge Business District at: Wheat Ridge Business District P.O. Box 1268 Wheat Ridge, Colorado 80034 Or drop off at the Wheat Ridge 2020 offices. For questions regarding the program or application contact Britta Fisher or Kim Snetzinger at 720-259-1030. Note: Digital photos and information should be emailed to Kim @WheatRidge2o2o.org 4 Revised : I 0/04/12 ... ~44' , ~ ., City of • JP'WheatRi_dge ITEM NO: j , C · DATE: March 24 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD ITB-14-03, 2014 CRACK SEAL PROJECT, TO COATINGS INC., ARVADA, COLORADO, IN THE AMOUNT OF $142,410, WITH A CONTINGENCY AMOUNT OF $7,120 AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ISSUE CHANGE ORDERS UP TO A TOTAL CONTRACT AND CONTINGENCY AMOUNT OF $149,530. 0 PUBLIC HEARING rgj BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: Zw~~ ISSUE: 0 ORDINANCES FOR 1sT READING 0 ORDINANCES FOR 2N° READING D YES rgj NO ~ Each year, the City conducts crack sealing on selected streets as part of the on-going preventive maintenance program. The 2014 Crack Seal Project will provide street maintenance throughout the City by ~riority and will also treat a number of arterial and collector streets such as 44th A venue , 38t A venue and Y oungfield Street. The crack filling treatment will reduce water infiltration under the pavement and extend the pavement life of these streets as part of the on- going maintenance program. This project is the first of the two preventive maintenance projects that the City will implement this year. On March 4, 2014 , eight bids were received for the 2014 Crack Seal Project. Six bids met the initial bid requirements , with one exceeding the budget range. Upon further consideration, two of the remaining six bids were determined to be non-responsive as the vendors are unable to meet Colorado Labor Law , H.B.l3-1292. The apparent low responsive and responsible bidder is Coatings Inc., Arvada, Colorado , in the total amount of$142 ,410. The company's references and experience were evaluated by Public Works staff as a basis for recommendation. Council Action Form March 24 , 2014 Page2 PRIOR ACTION: None FINANCIAL IMPACT: Funding for the 2014 Crack Seal Project has been approved in the Preventive Maintenance Projects line item of the 2014 Capital Investment Program (CIP) budget. Performing this project will extend the useful life of the streets treated. All costs associated with this contract will be paid from CIP Budget Account Number 30-303-800-884. BACKGROUND: Bids for the 2013 Crack Seal Project, #S-PM-02-14 , were opened on March 4 , 2014. Eight bids were received. The bid provides crack sealing to streets throughout the City by priority. The proposals ranged from $121 ,562.50 to $174 ,200. The engineer's estimate was $171 ,900. The qualified , apparent low responsible and responsive bidder is Coatings Inc., Arvada , Colorado , with the bid amount of $142 ,410. A 5% contingency amount of $7 ,120 is requested for the cost of other items related to the project. RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and experience on previous City projects , staff recommends the bid award to Coatings Inc. RECOMMENDED MOTION: "I move to award ITB-14-03 , 2014 Crack Seal Project, to Coatings Inc., Arvada, Colorado, in the amount of$142,41 0, with a contingency amount of$7, 120.00 and that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $149 ,530." Or, "I move to deny the award ofiTB-14-03 2014 Crack Seal Project, to Coatings Inc., Arvada , Colorado, for the following reason(s) " REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Jennjfer Nellis , Purchasing Agent Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Bid Tabulation Sheet 2. Project Map Subject to review for completeness and accuracy. w~~tRi_dge PROJECT: IT8-14-()3 2014 CRACK SEAL PROJECT DUE DATE/TIME: TUESDAY, MARCH 4, 2014 BY 1 P.M. LOCAl nME REQUESTED BY: RUSS HIGGINS, PUBLIC WORKS-ENGINEERING OPENED BY: JENNIFER NELLIS, PURCHASING AGE WITNESSED BY: KATHY FIELD, PW -ENGINEERING ADMI VENDOR A-1 Chipseal Avery Asphalt Coatings, Inc. Foothills Paving Maxwell Asphalt Inc . 'lOCATION Denver, CO Denver, CO Arvada, CO Golden, CO Salt Lake City, UT BIDDER ACKNOWLEDGEMENT FORM Yes Yes Yes Yes Yes ACKNOWlEDGE ADDENDUM 1 Yes Yes Yes Yes Yes CONTRACTOR'S QUALIFICATION FORM Yes Yes Yes Yes Yes NON-DISCRIMINATION ASSURANCE FORM Yes Yes Yes Yes Yes IllEGAl ALIEN COMPLIANCE Yes Yes Yes Yes Yes LIST OF SUB-CONTRACTORS Yes Yes Yes Yes Yes NON-COLLUSION AFFADAVIT Yes Yes Yes Yes Yes BID BOND No Yes Yes Yes Yes CRACK SEAL-125,000 lbs 145,000.00 137,500.00 162,500.00 118,750.00 MOBILIZATION -1LS 3,500.00 700.00 700.00 1,000.00 ARROW BOARD -10 days 7,500.00 520.00 500.00 1,000.00 TRAFFIC CONTROl MANAGEMENT-llS 5,250.00 3,690.00 10,500.00 812 .50 BASE BID, TOTAL: Non-responsive $ 161,250.00 $ 142,410.00 $ 174,200.00 $ 121,562.50 --------- pogel o/2 Attachment 1 •''•. w~~t~e PROJECT: ITB-14-03 2014 CRACK SEAL PROJECT DUE DATE/TIME: TUESDAY, MARCH 4, 2014 BY 1 P.M. LOCAl TIME REQUESTED BY: RUSS HIGGINS, PUBLIC WORKS -ENGINEERING OPENED BY: JENNIFER NElLIS, PURCHASING AGEN WITNESSED BY: KATHY FIELD, PW -ENGINEERING ADMI VENDOR Penhall Co . Precise Striping LLC :Superior Asphalt LOCATION Denver, CO Commerce City, CO Magna, UT SIGNATURE PAGE Yes Yes Yes I ACKNOWLEDGE ADDENDUM 1 Yes Yes Yes CONTRACTOR'S QUALIFICATION FORM Yes Yes Yes NON-DISCRIMINATION ASSURANCE FORM Yes Yes Yes ILLEGAL ALIEN COMPLIANCE Yes Yes Yes LIST OF SUB-CONTRACTORS Yes Yes Yes NON -COLLUSION AFFAOAVIT No Yes Yes BID BOND Yes Yes Yes CRACK SEAL -125,000 lbs 150,000.00 136,500.00 I MOBILIZATION -llS 7,500.00 100.00 ARROW BOARD -10 days 1,000.00 500.00 TRAFFIC CONTROL MANAGEMENT -llS 6,500.00 100.00 BASE BID, TOTAL : Non -responsive $ 165,000.00 $ 137,200 .00 page2of1 N 0 ___;. ~ 0 :::0 )> 0 0 /\: ~ ~ (J) f'l )> I Attachment 2 n ---i --< 0 'l ~ I fll )> ---i AJ 0 G) fll ... .. . e ~~ ~~Q .. .. !!r;Q, t I .... ~·~ ,. , r-City of • :P'WheatRi._dge ITEMNO:JJ. DATE: March 24 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD RFP 14-02 NATURAL GAS SUPPLIERS TO CENTERPOINT ENERGY SERVICES, INC., DENVER, CO 0 PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL : ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING 0YES~NO Ci~ The City purchases natural gas directly from natural gas suppliers for two facilities ; the municipal building and the recreation center. Purchasing gas through a direct supplier provides a cost saving to the City, as opposed to purchasing natural gas from XCEL Energy. These facilities are the only two within the City that use a large enough quantity of natural gas to realize a savings through direct purchase. The current agreement expires April 31 , 2014. A request for proposal was solicited from vendors. On February 7, 2014 two proposals were received. The selection committee evaluated and ranked the qualifications. Based on experience, firm capabilities , customer service approach and pricing, CenterPoint Energy Services is the highest-ranked firm and is the apparent low bidder. This award is for a one-year term beginning May 1, 2014 with the option to renew automatically for up to four additional one-year periods should the quality, customer service and pricing not change or increase. PRIOR ACTION: No prior action has been taken. FINANCIAL IMPACT: Purchasing natural gas through direct suppliers provides a cost savings to the City. Council Action Form March 24 , 2014 Page2 BACKGROUND: Pricing is based on the first of the month , Colorado Interstate Gas pricing index plus $0.0925 /MMBtu with adjustments for over and under gas purchase predictions. RECOMMENDED MOTION: "I move to award RFP-14-02 Natural Gas Suppliers to CenterPoint Energy Services , Inc., Denver, Colorado ." Or, "I move to deny award of RFP-14-02 Natural Gas Suppliers to CenterPoint Energy Services , Inc ., Denver, Colorado for the following reasons(s): " REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Jennifer Nellis , Purchasing & Contracting Agent Patrick Goff, City Manager ATTACHMENTS: 1. Bid Tabulation Sheet PROJECT: RFP-14..02 NATURAL GAS SERVICES DUE 2/7/14 BY 1:00 P.M. LOCAL nME -- VENDOR LOCATION PROPOSER ACKNOWLEDGMENT I=ORM ACKNOWLEDGEMENT OF ADDENDA (# 1) ILLEGAL AliEN COMPLIANCE NON-DISCRIMINATION ASSURANCE NON -COLlUSION AFFADAVIT STATE liCENSE 4 SAMPLE INVOICES REFERENCES FEE SCHEDULE OTHER ITEMS ----------- Tiger Natural Gas, Inc. Boulder, CO Yes Yes Yes Yes Pending Notarization Yes Yes Yes Yes Yes ----- I City of D .;,..:t,.,. "Wlieat .. ~e Centerpolnte Energy Srevlces, Inc . Denver, CO Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Poge 1 of1 ... .. c CD E REQUESTED BY: JOYCE MANWARING .t~l 'fi OPENED BY: JENNIFER NELUS, PURCHASING AGENtf..tn 1 J! WITNESSED BY: KAREN ' PICARIELLO, PURCHASING TECHNICIA~'B :( ' I ----------------- ~~·~ ... ~ ~ City of • ]P'WheatR!9ge ITEMNo:M · DATE: March 24 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD RFP-14-01 POLICE VEHICLE EQUIPMENT & INSTALLATION SERVICES FOR FOUR VEHICLES TO AV-TECH ELECTRONICS, INC., WHEAT RIDGE, CO AT A COST OF $11,463.11 PER VEIDCLE AND A TOTAL AMOUNT NOT TO EXCEED $45,852 D PUBLIC HEARING [g] BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2 D READING D YES Three proposals for the RFP-14-0 1 Police Vehicle Equipment and Installation Services were received on February 4 , 2014. The initial proposals for a full police patrol vehicle equipment and lighting up-fit ranged from $11 ,014.44 to $11 ,463.11 per vehicle. Staffs estimate of the work is $15,000.00 per vehicle. The lowest priced proposal was from Lighting, Accessory and Warning Systems located in Englewood , Colorado , in the amount of$11 ,014.44. Staff reviewed and rated all three of the proposals submitted and based upon the quantitative results from this review , experience, proposal prices and having the greatest benefit to the City of Wheat Ridge , a consensus was reached by staff to recommend award to A v-Tech Electronics , Inc. located in Wheat Ridge , Colorado. PRIOR ACTION: None FINANCIAL IMPACT: The funds for the Police Vehicle Equipment & Up-fit Proposal are budgeted in the Fleet Replacement line item , account number 01-303-800-807 , ofthe 2014 Public Works Operations budget of$377 ,500. Council Action Fonn March 24 , 2014 Page 2 BACKGROUND: On February 4 , 2014 , three proposals were received for RFP-14-01 Police Vehicle Equipment and Installation Services . Included in this proposal is agreement term language stipulating an option to renew said agreement for four additional one-year periods , at the sole discretion of the City. All proposals met the initial bid requirements. Staff reviewed and rated each proposal with respect to vendor qualifications , approach , timeliness , convenience of services , price schedules and the greatest apparent benefit to the City of Wheat Ridge. References have been checked . Based upon the criteria, a consensus was reached by staff to recommend award to A v-Tech Electronics , Inc. located in Wheat Ridge, Colorado to outfit four police patrol vehicles in a total amount not to exceed $45 ,852 , instead of the apparent low bidder, Lighting, Accessory and Warning Systems located in Englewood , Colorado. RECOMMENDATIONS: Staff recommends award of the Police Vehicle Equipment and Installation Services contract to A v-Tech Electronics , Inc. to outfit four police patrol vehicles for a total amount not to exceed $45 ,852. RECOMMENDED MOTION: "I move to award RFP-14-0 1 Police Vehicle Equipment and Installation Services for four vehicles to A v-Tech Electronics , Inc., Wheat Ridge, CO at a cost of $11 ,463.11 per vehicle , and a total amount not to exceed $45 ,852." Or, "I move to deny award of RFP-14-01 Police Vehicle Equipment and Installation Services for four vehicles to Av-Tech Electronics, Inc., Wheat Ridge , CO at a cost of $11 ,463 .11 per vehicle, and a total amount not to exceed $45 ,852 for the following reason(s) , REPORT PREPARED/REVIEWED BY: Greg Knudson , Operations Manager Scott Brink , Public Works Director Jennifer Nellis, Purchasing & Contracting Agent Patrick Goff, City Manager ATTACHMENTS: 1. Price Evaluation Spreadsheet Item# 1 2 3 4 5 6 7 8 9 10 11 12 PROJECT: RFP-14-01 -Police Vehicle Equipment & Upfit Installation Services PRICE EVALUATION SPREADSHEET-Revised 2/27/14 Wireless Equipment Item Pricing Breakdown Av-Tech L.A.W.S. Advanced Equipment Price $944.44 $1,450.00 $1,695.00 Light bar Installation Cost $150.00 $31.28 $175 .00 Total Installed Price $1,094.44 $1,481.28 $1,870.00 Equipment Price $206.40 $185 .38 $214 .00 Rear Deck Lights Installation Cost $100 .00 $31 .28 $50.00 Total Installed Price $306.40 $216.66 $264.00 Equipment Price $589 .00 $725 .00 $695.00 Light/Siren Control Installation Cost $250 .00 $31.28 $100.00 Total Installed Price $839.00 $756.28 $795.00 Equipment Price $150.00 $121 .71 $162 .00 Siren Speaker Installation Cost $50.00 $31.28 $50.00 Total Installed Price $200.00 $152.99 $212.00 Equipment Price $0.00 $20.00 $0 .00 Siren Speaker Moun1 Installation Cost $0.00 $31.28 $0 .00 Total Installed Price $0 .00 $51.28 $0.00 Equipment Price $115 .50 $119 .90 $210 .00 Rear Door Side Light~ Installation Cost $75 .00 $31.28 $50.00 Total Installed Price $190.50 $151 .18 $260.00 Equipment Price $115 .50 $88.50 $110 .00 Trunk Emergency Lig Installation Cost $75 .00 $31.28 $25 .00 Total Installed Price $190.50 $119.78 $135.00 TOTAL SAFETY LIGHTS $2,820 .84 $2,929.45 $3,536.00 Equipment Price $358 .52 $252 .00 $320 .00 Large Console Installation Cost $225 .00 $31.28 $100.00 Total Installed Price $583.52 $283.28 $420.00 Equipment Price $14 .15 $0.00 $14 .00 DC Outlet Installation Cost $25.00 $31.28 $10 .00 Total Installed Price $39.15 $31.28 $24.00 Equipment Price $57.04 $98 .80 $76.80 Computer Map Light Installation Co st $50 .00 $31.28 $10.00 Total Installed Price $107.04 $130.08 $86.80 Equipment Price $57 .04 $98.80 $76.80 Shoulder Map Light Installation Cost $50.00 $31.28 $10 .00 Total Installed Price $107.04 $130.08 $86.80 Equipment Price $47 .65 $70.00 $52 .65 Dome Light Installation Cost $50 .00 $31.28 $10 .00 Total Installed Price $97.65 $101.28 $62 .65 Attachment 1 Item# 13 14 15 16 17 18 19 20 21 22 23A. PROJECT: RFP-14-01-Police Vehicle Equipment & Upfit Installation Services PRICE EVALUATION SPREADSHEET-Revised 2/27/14 Wireless Equipment Item Pricing Breakdown Av-Tech L.A.W.S. Advanced Equipment Price $311.76 $20.00 $135.00 Weapon Mount Installation Cost $50.00 $31.28 $10 .00 Total Installed Price $361.76 $51.28 $145.00 Equipment Price $120.00 $235.00 $85.00 Weapon Butt Plate 8 Installation Cost $25.00 $31.28 $50.00 Total Installed Pr ice $145.00 $266.28 $135.00 Equipment Price $25.00 $0.00 $30.00 Weapon Lock Timer Installation Cost $25.00 $31.28 $10.00 Total Installed Price $50.00 $31.28 $40.00 Equipment Price $0.00 $0 .00 $10 .00 Park Kill Installation Cost $0.00 $31 .28 $10.00 Total Installed Price $0.00 $31.28 $20.00 Equipment Price $290 .58 $268.32 $242 .00 Mirror Lights Installation Cost $150.00 $31.28 $50 .00 Total Installed Price $440.58 $299.60 $292.00 Equipment Price $2,438 .59 $1,950.00 $1,711.00 Prisoner Containmen Installation Cost $100.00 $31.28 $200.00 Total Installed Price $2,538.59 $1,981.28 $1,911.00 Equipment Price $13.18 $0.00 $60 .00 Interrupt Installation Cost $62 .5 0 $31.28 $10.00 Total Installed Price $75.68 $31.28 $70.00 Equipment Price $0.00 $0.00 $0 .00 Dome Light Disable Installation Cost $25 .00 $31 .28 $0.00 Total Installed Price $25.00 $31.28 $0.00 Equipment Price $0.00 $0 .00 No Bid Radio System Installation Cost $50.00 $31.28 No Bid Total Installed Price $50.00 $31.28 $0.00 Equipment Price $20.00 $57 .32 $55 .00 Radio Antennas Installation Cost $50.00 $31.28 $25 .00 Total Installed Price $70.00 $88.60 $80.00 Equipment Price $322.44 $466 .17 $367.00 In Cab Stub Mount -Installation Cost $100.00 $31.28 $25.00 Total Installed Price $422.44 $497.45 $392.00 TOTAL CABIN GEAR $5,113.45 $4,016.89 $3,765.25 Item# 24 25 26 27 28 29 30 31 32 33 PROJECT: RFP-14-01 -Police Vehicle Equipment & Upfit Installation Services PRICE EVALUATION SPREADSHEET-Revised 2/27/14 Wireless Equipment Item Pricing Breakdown Av-Tech L.A.W.S. Advanced Equipment Price $325.00 $656 .00 $227 .00 PDU Installation Cost $50.00 $31.28 $50 .00 Total Installed Price $375.00 $687.28 $277.00 Equipment Price $150.00 $45.00 $225 .00 Equipment Tray Installation Cost $100.00 $31.28 $50.00 Total Installed Price $250.00 $76.28 $275.00 TOTAL TRUNK GEAR $625.00 $763.56 $552.00 Equipment Price $230 .31 $230 .23 $254 .00 Push Bar Installation Cost $0.00 $31.28 $0.00 Total Installed Price $230.31 $261.51 $254.00 Equipment Price $211.93 $266.76 $210 .00 Grill Lights Installation Cost $0 .00 $31.28 $0 .00 Total Installed Price $211.93 $298.04 $210.00 Equipment Price $224.00 $274.40 $256.00 Brake Lights Installation Cost $0 .00 $31 .28 $0.00 Total Installed Price $224.00 $305.68 $256.00 Equipment Price $94.12 $110 .00 $80.00 Ignition Security Syst Installation Cost $0.00 $31.28 $0.00 Total Installed Price $94.12 $141.28 $80.00 Equipment Price $279.00 $145 .00 $600.00 Materials Installation Cost $0.00 $31.28 $0 .00 Total Installed Price $279 .00 $176.28 $600.00 I Installation ot 26-30 Equipment Price and City supplied Installation Cost $350.00 $999 .00 $300 .00 mobile radio and I Antenna Total Installed Price $350.00 $999.00 $300.00 TOTAL OTHER GEAR $1,389.36 $2,181.79 $1,700.00 Computer, City Equipment Price $0 .00 $0.00 $0.00 furnished Installation Cost $0.00 $0.00 $0 .00 equipment Total Installed Price $0.00 $0.00 $0.00 Equipment Price $0.00 $0.00 $0 .00 Computer-Vendor Installation Cost $100.00 $0.00 $165 .00 Responsibilities Total Installed Price $100.00 $0.00 $50.00 PROJECT: RFP-14-01 -Police Vehicle Equipment & Upfit Installation Services PRICE EVALUATION SPREADSHEET-Revised 2/27/14 Wireless Item# Equipment Item Pricing Breakdown Av-Tech L.A.W.S. Advanced Equipment Price $739.81 $715.00 $754 .00 34C Docking Station - Installation Cost included w/33 $0 .00 $25.00 Option C Total Installed Price $739.81 $715 .00 $779.00 Equipment Price $151.65 $90.00 $130 .00 Install lind 120 Watt $50.00 $0.00 $25 .00 34 E Power Supply Installation Cost Total Installed Price $201.65 $90 .00 $155.00 Equipment Price $172 .01 $128.00 $224 .00 34 F Quad Band Antenna Installation Cost $100.00 $0 .00 $25 .00 Per Specification Total Installed Price $272.01 $128 .00 $249.00 Equipment Price $150.99 $189 .75 $448.00 Boom Arm -Cabin $50.00 $0.00 $50.00 35 Install Installation Cost Total Installed Price $200.99 $189.75 $498.00 TOTAL COMPUTER GEAR $1,514.46 $1 ,122.75 $1,731.00 GRAND TOTAL ALL ITEMS (TOTAL INSTALLED PRICE) $11,463.11 $11 ,014.44 $11,284.25 Other Costs• Av-Tech L.A.W.S. Advanced Pick Up/Delivery Charges $0.00 $0 .00 $85 EACH WAY Annual % Increase 5 .00% 3.00% 3 .00% Manuals/Diagrams $0 .00 $0 .00 $0 .00 ~ ~ ~ ... ~ ~ ., City of • J?'WheatRi_dge ITEM NO: j , f. DATE: March 24 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD ITB-14-04 TO BARBA & SONS CONSTRUCTION, INC., OF BROOMFIELD, CO, IN THE AMOUNT OF $95,376 WHICH INCLUDES THE BASE BID AND DEMO BID ALTERNATE WITH A CONTINGENCY AMOUNT OF $9,536 AND AUTHORIZE THE PARKS & RECREATION DIRECTOR TO ISSUE CHANGE ORDERS UP TO A TOTAL AMOUNT OF $104,912 FOR THE POLICE DEPARTMENT REMODEL PROJECT D PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2ND READING D YES City Manager The Police Department requires a qualified contractor to provide remodeling construction services within the Police Department to provide office spaces , additional interview rooms and to expand the men's locker room. The remodeling project repurposes existing space formerly used as the Crime Lab. The scope of work includes , but is not limited to , carpentry, drywall , paint , mechanical , and electrical. On March 4 , 2014, four bids met the initial bid requirements. Barba & Sons Construction , Inc. is the apparent low bidder for the base bid and bid alternate for demo/removal services. Staff has satisfied bid clarification questions , and checked vendor references. PRIOR ACTION: The City contracted with Barker, Rinker , Seacat Architects to provide design and construction drawings in 2013. The Fiscal Year 2014 Budget was amended to reflect the approval of a Council Action Form March 24 , 2014 Page2 Supplemental Budget Appropriation of the re-appropriation and re-encumbrance of 2013 fiscal year encumbered funds for this project. FINANCIAL IMPACT: $145 ,150 has been allocated in the Capital Investment Program budget (30-61 0-800-811) for this project. BACKGROUND: The Police Department's Forensic-Crime Lab is currently unused space. Since 2007 , the Department has contracted forensic crime processing with the Lakewood Police Department. The use of this space for processing or evidence storage is limited. The Department has identified three needs: I) Two interview rooms for patrol officers on the first floor of the building ; 2) Expansion of the sergeant's work area; and 3) Expansion of the men's locker room. There is only one interview room for officers to use, which is located on the second floor ; the six patrol sergeants have limited space in the area they currently occupy; and , there are not enough lockers or space in the men 's locker room to accommodate all male employees. RECOMMENDATIONS: Staff recommends approval ofthis bid award to Barba & Sons Construction , Inc. in the amount of $95,376, and recommends that $9,536 be approved for contingency purposes for this project. RECOMMENDED MOTION: "I move to award ITB-14-04 to Barba & Sons Construction, Inc., of Broomfield , CO in the amount of$95 ,376 which includes the base bid and demo bid alternate with a contingency amount of $9 ,536 and to authorize the Parks & Recreation Director to issue change orders up to a total amount of $104,912 for the Police Department Remodel Project. Or, "I move to deny award of ITB-14-04 Barba & Sons Construction , Inc., of Broomfield , CO in the amount of $95,3 76 which includes the base bid and demo bid altemate with a contingency amount of$9,536 for the WR Police Department Remodel Project for the following reason(s) , REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Director Parks and Recreation Jennifer Nellis , Purchasing & Contracting Agent Patrick Goff, City Manager ATTACHMENTS: I. Bid Tabulation Sheet Subject to review for completeness and accuracy ~·4· #W~~R!_gge PROJECT: ITB-14-04 REQUESTED BV:· J LIE BRISSON, FAOLITIES end WADE HAMMOND, PO WRPD REMODEL PROJECT OPENED BY: JENNIFER NELLIS, PURCHASING AGENT DUE DAT£1TIME: TUESDAY, MARCH 11, 2014 BY 1 P.M.LOCAL TIME ~TNESS£0 BY: BRUCE ROOME, DEPUTY OTY QERK AllOWED VENDOR (PlUME) B;trba & Sons Const. 8~ Une IIJidln~ Si.lR CG Construction Casey Construction Fransen Pittman GC LOCAnON Broomfield 00 NO BID NO BID NO BID d ubm;n by BIDDER ACkNOWL£DGEMENT FORM YES ema ' '/nat c::~e~d ACKNOWlEDGE ADDENDUM 2 YES CONTRACTOR'S QUAliFICATION FORM YES NON -DISCRIMINAnON ASSURANCE FORM YES IllEGAl AUEN COMPUANC£ YES UST O.F SUB·CONTRACTOAS YES NON<OllUSION AFFADAVIT YES BID BOND YES Mobifization/General Conditions· LS s 8,969.00 Mechanical MVAC System · lS s 2,486.00 New Carpet & Rubber Base • LS s 7,764.00 New Lockers -LS $ 22,407 .00 Plumbing -lS $ 10,057.00 Palnt-lS $ 3.825.00 £1ectrlcal · lS $ 16,216.00 Carpentry -lS s 3,390.00 Drywall & Acoustic Wall Panei ·LS s 4,926.00 Tile Flooring • lS $ 7,047 .00 Ceiling Tiles -lS $ 1,678.00 Accessories • lS $ 480.00 Hardware -lS s 1,000.00 Fire Suppression -lS $ 1,695.00 Doors ·lS s 904 .00 Ughting -LS n/t Boot Storage • lS n/c BASE BID, TOTAL: $ 92,844 .00 Crime Lab Demo/Removal • lS Al TERNA T $ 2.532.00 Additional Lockers· LS AlTERNATE NoBkl !NUMBER OF WORKING DAYS 108 pagtJ o/J PROJECT : ITB-14-04 WRPD REMOD El PROJECT • :r //, ~ Jl5ity or D .w.rl,., _y-vv 11eat: ·~e DUE DATE/TI ME : TUESDAY, MAR Cti 11,2014 BY 1 P.M. LOCAl TIME REQUESTE D BY : JUliE BRISSON, FAO LI TI ES and WADE HAMMOND , PO <f.f!Yt_ OPENED BY : JENNIFER NElliS, PURCtiASING AGENT f u.. WITNESSED BY : BRUCE ROOME , DEPUTY OTY CLERK Orion Environmental VENDOR (PRIME) GE Johnson Growling Bear HW Houston Const . Kennedy Const. Const. Services lOCATION Conf•rmed NO BID Greeley NO BID NO BID Commerce OtY SIGNATURE PAGE YES YES ACKNOWLEDGE ADDENDUM 2 YES YES CONTRACTOR'S QUAliFICATION FORM YES YES NON-DISCRIMINATION ASSURANCE FORM YES YES IUEGAL AllEN COMPliANCE YES YES LIST OF SUB-O)NTRACTORS YES YES NON.COllUSION AFFADAVIT YES YES BID BOND YES YES Mobilization/General Conditions • lS s 76,517 .00 s 43,682 .00 Mechanical HVAC System ·lS s 5,381.00 s 3,115 .00 New Carpet & Rubber Base · lS s 6,160.00 s 6,237 .00 New lockers • lS s 11,712 .00 s 13,340.00 Plumbing · lS s 8,860.00 s 7,500.00 Paint ·lS $ 7,725.00 s 2.575 .00 Electrial • lS $ 19,000.00 s 4,650.00 Carpentry • lS s 1.000.00 s 3,985.00 Drywall & Acoustic Wall Panel • lS s 13,400.00 s 2.475.00 Tile Flooring • lS $ 4,500.00 $ 6,637.00 Ceiling Tiles • lS $ 2,500.00 $ 475.00 Accessories • lS $ 5,000.00 s 575.00 Hardware · lS $ . s . Fire Suppression • lS s 2,361.00 $ 1,500.00 Doors ·lS $ 779.00 $ 475 .00 Ughting -lS $ 6,000.00 lnd with elect.rlcal Boot Storage • lS s 2,000.00 s 1,280.00 BASE BID, TOTAl: s 172,895 .00 s 98,501 .00 Crime lab Demo/Removal • lS ALTERNATE s 8,988 .00 $ 5,979.00 Addlllonal Lockers • LS ALTERNATE s 7,380.00 $ 5 ,760 .00 NUMBER OF WORKING DAYS 90 45 pageZo/ 3 ,.~~~ .. ~ .r City of • JP'Wheat~dge ITEM NO:~ DATE: March 24 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 01-2014-AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6405-6409 W. 44th A VENUE FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-14- 01/LOMBARDI) 0 PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS ISSUE: 1:8,] ORDINANCES FOR 1sT READING (3 /24/2014) 0 ORDINANCES FOR 2 N° READING (4114 //2 014) 1:8,] YES 0NO ~ Ci ~ The applicant is requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 6405-6409 W. 44111 Avenue. The proposed rezoning area includes three parcels , the total size of which is approximately 0.45 acres. Currently, the subject property contains two commercial structures. The purpose of the zone change request is to provide tl1e owner with expanded options for use of the buildings/site. The zone change is the first step in the process for approval of future development on this site. No changes are proposed for the property. If approved and redeveloped , an administrative site plan review will be required to confirm that the proposed development meets the standards of the mixed use zone district. PRIOR ACTION: Planning Commission heard the request at a public hearing on February 20 , 2014 and recommended approval. The staff report and meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading. Case No . WZ-1 4 -0 1 /Lombard i Council Action Fonn March 24, 2014 Page2 FINANCIAL IMPACT: Fees in the amount of $1,1 06 were collected for the review and processing of Case No. WZ-14-0 1. If the proposed rezoning is approved, there could be an advancement of the City's goals for economic development, the creation of a diverse and resilient tax base and new housing stock. BACKGROUND: The subject parcel is located at 6405-6409 W. 44th Avenue, in the northeast quadrant ofthe City. Subject Property Based on Jefferson County records , the subject property is made up of three lots, all listed under the Parcel ID: 392-42-24-063 with a total area of 19 ,680 square feet. The properties are part of the Lakeview Subdivision. There are two structures located on the three lots. The western building is 2 ,162 square feet in size and was built in 1967. The eastern building was built in 1960 and is 680 square feet in size. Both buildings are used as antique stores , which are permitted in the R-C zoning district. Surrounding Land Uses The property in question is zoned Restricted-Commercial (R-C) and is surrounded by a mix of residential and commercial zoning and uses. Properties to the west are zoned Neighborhood- Commercial (N-C) and properties to the east are zoned C-1. To the south across 44111 A venue are a mix of RC and NC zoning. To the north are multi-family properties zoned R-3. The property is one lot away from the future site of the new Kendall Park owned by the City of Wheat Ridge. Construction on the new park has begun and should be finished by the end of summer. Current and Propos ed Zoning Under the current RC zoning, pennitted uses include office, retail and service. New residential uses are not allowed. The MU-N zone district also allows office, service and retail uses as well residential. The flexibility of uses allowed in the MU-N is attractive for property owners as it could allow multi-family and live/work opportunities. No site changes are anticipated at this time. The application has been through the standard refetTal process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site redevelopment. RECOMMENDED MOTION: "I move to approve Council Bill No. 01-2014, an ordinance approving the rezoning of property located at 6405-09 W. 441h Avenue from Restricted Commercial (RC) to Mixed Use Neighborhood (MU-N) on first reading, order it published , public hearing set for Monday, April 14, 2014 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Council Action Fonn March 24, 2014 Page 3 REPORT PREPARED/REVIEWED BY: Meredith Reckert , Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 01-2014 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER------- COUNCIL BILL NO. 01 ORDINANCE NO. ___ _ Series of 2014 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6405-6409 W. 44th AVENUE FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE- NEIGHBORHOOD (MU-N) (CASE NO. WZ 14-01/LOMBARDI) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Mario Lombardi has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood zone district for property located at 6405-6409 W. 44th Avenue; and, WHEREAS, the subject property has long been underutilized, and the mixed use zone district will allow for a wider range of uses; and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan-Envision Wheat Ridge and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Mario Lombardi for approval of a zone change ordinance from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 6405-6409 W. 44th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land : Parcel A: That part of the East % of Block 8, Lakeview Subdivision described as follows: Beginning at a point at the southwest corner of the East % of said Block 8, thence East 195 .23 feet to the true point of beginning; Thence East 56 feet; Thence North 160 feet; Thence West 56 feet; Thence South 160 feet to the true point of beginning, excepting the right-of-way described in Book 46 at Page 464 , County of Jefferson , State of Colorado. ATTACHMENT 1 Parcel B: The South 10 feet of the East '!h of Block 8 , Lakeview Subdivision , except the West 253 .23 feet thereof, County of Jefferson , State of Colorado. Parcel C: The South 160 feet of the East 2 feet of the West 253.23 feet of the East '!h of Block 8 , Lakeview Subdivision , County of Jefferson , State of Colorado. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26 -121 of the Code of Laws of the City of Wheat Ridge . Section 3. Safety Clause . The City of Wheat Ridge hereby finds , determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge , that it is promulgated for the health , safety , and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained . Section 4. Severability; Conflicting Ordinance Repealed . If any section , subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ___ on this 24th day of March, 2014 , ordered it published with Public Hearing and consideration on final passage set for Monday, April14, 2014 at 7 p.m., in the Council Chambers , 7500 West 29t h Avenue , Wheat Ridge , Colorado , and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2014. SIGNED by the Mayor on this ___ day of _______ , 2014. ATTEST: Janelle Shaver, City Clerk 1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date: Joyce Jay, Mayor Approved as to Form: Gerald Dahl, City Attorney ~~A~ ... ~ ~ City of • J?'Wheat_Ri_dge ITEM NO:~ DATE: March 24 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 19-2014 -A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL TRANSPORTATION DISTRICT {RTD) FOR THE TABOR STREET MULTI-MODAL IMPROVEMENTS FROM THE 1-70 NORTH FRONTAGE ROAD TO RIDGE ROAD 0 PUBLIC HEARING 0 BIDS/MOTIONS C8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: 0 ORDINANCES FOR 1sT READING 0 ORDINANCES FOR 2 ND READING 0 YES Ci~ The City of Wheat Ridge , a Gold Line partner, has been selected to receive federal funding for access and safety improvements to Tabor Street from the I-70 North Frontage Road to Ridge Road through the Regional Transportation District (RTD) and Denver Regional Council of Government (DRCOG) Transportation Improvement Program (TIP). The funding will facilitate a project to widen and improve Tabor Street to provide bike and pedestrian access to the commuter rail station at Ward Road. The federal grant will provide $740 ,228 to fund the improvement project. RTD will administer the project's federal funding, and the City is responsible for design and construction. Entering into an Intergovernmental Agreement (IGA) with RTD is necessary to formally authorize the project. The IGA provides that the City finance the cost of the project, with RTD reimbursement of 100% of the costs , not to exceed $740,228. Council Action Form March 24 ,2014 Page2 PRJOR ACTION: None FINANCIAL IMPACT: City Staff will administer the project and RTD will reimburse 100% of all design and construction related costs , not to exceed $740,228. While the project cost is not expected to exceed the project estimate, any unlikely shortfall would be provided by the City. Funding for this program has been included in the Gold Line Station Street Project line item of the 2015 Capital Improvement Program Budget in the amount of$740,000 and will be approved by the City Council as part of the 2015 budget process . The 2015 CIP revenues also include the expected reimbursements. BACKGROUND: In 2004 , voters approved the FasTrack plan which directed RTD to construct light rail and commuter rail transit services , lines , related stations , maintenance facilities and enhanced bus service throughout the Regional Transportation District. The Gold Line was identified as one of five corridors in the plan and is currently under construction. The local agencies through which the Gold Line is being constructed are : Denver, Arvada, Wheat Ridge, and Adams County. In response to 2008 Resolution No.20 ofDRCOG, $6.461 million of federal funding was approved from its TIP to fund Gold Line base project costs . Together, the City and County of Denver, RTD , Adams County, the City of Arvada , the City of Wheat Ridge , and the Colorado Department of Transportation agreed to the proposed base projects and the corresponding allocation of the approved funds , which are to be administered by RTD on behalf ofDRCOG. Wheat Ridge, RTD , and the other Gold Line partners, agreed to the allocation of$740,228 of those funds to go to Wheat Ridge for the performance of certain base improvements as part of the Gold/NWES corridor project. More specifically, these improvements are designated for Tabor Street in the vicinity of the Ward Road Station . Tabor Street serves as the key local access from the south since the rail line serves as a barrier that prohibits all adjacent access to the station. This street improvement will provide users better access to the station from existing and future developments immediately south of the rail line and the nearby area. Thus, it is crucial that Tabor Street be upgraded to accommodate all modes of transportation to the station . This project will provide new bike lanes , continuous sidewalks , and lighting in the subject segment. The IGA provides funding to Wheat Ridge in the amount of$740,228 in Federal Highway Administration (FHW A) funds. These funds were transferred by the FHW A to the Federal Transportation Authority (FTA) to be administered by DRCOG through RTD for Wheat Ridge's improvements . The funds are intended to help enhance the unimproved land surrounding the crossing of the rail line at Ward Road Station and Tabor Street and to provide other access and safety improvements adjacent to the area. RECOMMENDATIONS: Staff recommends approving the IGA with RTD in order to proceed with the Tabor Street improvements . The City Attomey has reviewed the Agreement and has no additional comments. Council Action Form March 24, 2014 Page 3 RECOMMENDED MOTION: "I move to approve Resolution No.19-20 14, a resolution approving an intergovernmental agreement with the Regional Transportation District for the Tabor Street Multi-Modal Improvements from the I-70 North Frontage Road to Ridge Road." Or, "I move to postpone indefinitely Resolution No. 19-2014, a resolution approving an intergovernmental agreement with the Regional Transportation District for the Tabor Street Multi-Modal Improvements from I-70 North Frontage Road to Ridge Road for the following reason(s): -------------------------------" REPORT PREPARED/REVIEWED BY: Steve Nguyen , Engineering Manager Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: I . Resolution No . 19-2014 2. RTD IGA CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 19 Series of 2014 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL TRANSPORTATION DISTRICT FOR THE TABOR STREET MULTI-MODAL IMPROVEMENTS FROM THE 1-70 NORTH FRONTAGE ROAD TO RIDGE ROAD WHEREAS, the City supports the construction of the Gold Line Commuter Rail Corridor; and WHEREAS, the City Council wishes to provide enhanced access to the rail station as part of the Gold Line Project by providing multi-modal facilities on Tabor Street from the 1-70 North Frontage Road to Ridge Road; and WHEREAS, the City has been awarded a federal grant by the Federal Transportation Authority through the Denver Regional Council of Government (DRCOG) and the Regional Transportation District (RTD) to provide for the construction of this particular street segment; and WHEREAS, the City has negotiated an Intergovernmental Agreement (IGA) with the RTD for funding of the project; and WHEREAS, the project funds are programmed in the 2015 Capital Investment Program budget in the total amount of $740,000 in the Gold Line Station Street Project account to finance the project cost, and the City will seek reimbursement of 1 00% of the project costs from RTD upon project completion; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Contract Approved. The Intergovernmental Agreement (IGA) between the City and the Regional Transportation District for the project: Tabor Street Multi-modal improvements, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. This Resolution shall be effective immediately. DONE AND RESOLVED this __ day of _____ , 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 Intergovernmental Agreement between The Regional Transportation District and The City of Wheat Ridge for GOLD LINE Base Project funds from DRCOG THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is made and entered into this __ day of , 2014 by and between the REGIONAL TRANSPORTATION DISTRICT, 1600 Blake Street, Denver, CO 80202, a political subdivision of the State of Colorado, (hereinafter, "RTD" or the "District") and the CITY OF WHEAT RIDGE, a home rule municipal corporation of the State of Colorado (hereinafter, "Wheat Ridge" or the "City"). RTD and Wheat Ridge may hereinafter be referred to collectively as "Parties" or individually as "Party." WHEREAS: A. RTD is authorized under C.R.S. §32-9-101, et seq., to develop, maintain and operate a mass transportation system for the benefit of the inhabitants of the District; B. Pursuant to C.R.S. §32-9-119(q), RTD is authorized to enter into agreements with the federal government and state governments, or any political subdivision thereof; C. Pursuant to the Colorado Constitution, Article XIV,§ 18(2)(a), and C.R.S. §29-1-203, et seq., the Parties may cooperate or contract with each other to provide any function, service or facility lawfully authorized to each, and any such contract may provide for sharing of costs; D. In furtherance of the public health, convenience and welfare, and pursuant to its statutory authority, as part of RTD's FasTracks transit expansion plan approved by voters in November 2004, RTD is constructing Light Rail and Commuter Rail Transit services, lines, related stations, maintenance facilities and enhanced bus service throughout the Regional Transportation District, with five new Light Rail and Commuter Rail corridors located within Denver and converging on a central intermodal facility at Denver Union Station downtown, bus rapid transit, and additional extensions or improvements of existing transit lines; E. RTD and Wheat Ridge are parties to the Gold Line Corridor Local Agency Contribution Intergovernmental Agreement dates June 23, 2011, (the "LAC IGA"). F. In response to the 2008 Resolution Number 20 of the Denver Regional Council of Government ("DRCOG") which approved $6.461 million of federal funding from its Transportation Improvement Program ("TIP") to Gold Line base project costs, together CCD, RTD, Adams County, the City of Arvada, the City of Wheat Ridge and the Colorado Department of Transportation (collectively, the "Gold Line Partners" or "GLP") agreed to the GLP's proposed base projects and the corresponding allocation of the approved funds, which funds are to be administered by RTD on behalf of DRCOG. G. Wheat Ridge and RTD jointly agreed, along with the other Gold Line Partners, to the allocation of $740,228.00 of those DRCOG TIP funds to Wheat Ridge for its performance of certain base improvements as part of the Gold/NWES corridor project, IGA Wheat Ridge RTD -DRCOG Gold line v.3·14·14 by RTD Page 1 of 10 Attachment 2 specifically improvements in the vicinity the Ward Road Station in Wheat Ridge consisting of improving Tabor Street south of the Gold Line to the 1-70 Frontage Road North. H. RTD, together with the BNSF Railway Company, filed an application before the Public Utilities Commission of the State of Colorado (PUC) on July 26 , 2013 , requesting authority , inter alia, for the widening of Tabor Street, installation of detached sidewalks and bicycle lanes on both sides of the crossing , and required appurtenant signage. RTD 's PUC application included a supporting letter from Wheat Ridge to RTD dated December 29 , 2011 , indicating Wheat Ridge 's commitment to utilize its portion of the Gold Line DRCOG funds for a portion of such improvements . Such application was granted by the PUC on October 2, 2013 in Decision No . C13-1249 . I. RTD is now in the process of constructing the Gold/NWES corridor project through Denver Transit Partners , LLC ("DTP") and Wheat Ridge is prepared to begin its improvements of the Tabor Street and Ward Road Station and wishes to receive its DRCOG TIP funds through RTD for its performance of those improvements. NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the Parties agree as follows : AGREEMENT: 1. This Agreement provides for the funding to Wheat Ridge of $740,228 .00 of Federal Highway Administration ("FHWA") funds which were transferred by the FHWA to the Federal Transportat ion Authority ("FTA") to be adm inistered by DRCOG through RTD for Wheat Ridge 's improvements to Tabor Street south of the cross ing of the ra il line at Ward Road Station and Tabor Street consisting of improving facilities for bicycles and pedestrians ("Tabor Street Improvements"). 2. The Parties have previously entered into the LCA IGA which agreement remains in effect until terminated and is not voided by this Agreement. To the extent there are any conflicts or inconsistencies between this Agreement and the LCA IGA, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of prior ity : (1) this I GA. and (2) the LCA IGA. reference : Exhibits. The following exhibits attached hereto are incorporated herein by this Exhibit A: Exhibit 8: Tabor Street Improvements Federal Requirements 3. Plans . Wheat Ridge shall perform the design and procure the right-of-way and construction of the Tabor Street Improvements in accordance with Exhibit A. Wheat Ridge shall obtain RTD 's approval of any material change from Exhibit A before implementing such changes . RTD will provide comments or approval to any design plans within 30 days of submission . IGA Wheat Ridge RTD-DRCOG Gold Line v .3·14·14 by RTD Page 2 of 10 4. Federal Requirements. In the implementation of the Tabor Street Improvements , Wheat Ridge shall perform the design and procure the right-of-way and construction of the work in accordance with FTA Circular 4220 .1 F. Wheat Ridge shall provide RTD the opportunity to review solicitations for the prime construction contracts and shall allow RTD to take part in the evaluation and selection of the prime construction contractor, at RTD 's election . This Section 4 of the IGA is subject to those terms and conditions identified on Exhibit B. Wheat Ridge shall ensure Exhibit B is incorporated into and appended to each applicable contract or subcontract entered into for the Tabor Street Improvements. a. Retainage and Bonds. Wheat Ridge shall comply with CRS 24-91-101 , et seq. and CRS 38-26-101, et seq. (to the extent not inconsistent with the Wheat Ridge Code of Laws) in the procurement, administration and closeout of applicable construction contracts awarded for the Tabor Street Improvements work. Wheat Ridge shall ensure that RTD is an obligee on all public works bonds obtained by Wheat Ridge 's contractors for construction of the Tabor Street improvements . Wheat Ridge shall forward to RTD executed copies of such bonds and all contracts and subcontracts for design , construction, materials or otherwise that are entered into with respect to the Tabor Street Improvements . b. Permits. Wheat Ridge shall be solely responsible to obtain permits necessary to implement the Tabor Street Improvements. RTD shall use its best efforts to obtain necessary FTA approvals of Tabor Street Improvements property acquisitions and dispositions. The Parties shall exchange executed copies of all such permits and approvals received. c . Reporting. Wheat Ridge shall provide to RTD copies of all executed contracts and subcontracts not later than 30 days from execution thereof. If RTD or FT A should issue findings following an audit of this IGA or any such contracts for compliance with federal requirements , Wheat Ridge agrees to amend th is IGA and to use best efforts to amend any such contracts in order to respond to the audit findings . Wheat Ridge shall provide to RTD a quarterly report consisting of a brief narrative about the current status of the Tabor Street Improvements , specifically advising of any change in milestone dates from the previous reporting period , and advising of the status of achievement of the following milestones for its contract( s ): a. final design completion date ; b. bid date or estimated date ; c . contractor on board date ; d. construction completion date ; e. contract completion date; and f. major milestone completion dates . d. Environmental Work. Wheat Ridge shall perform, at its sole cost , the management , removal, disposal or remediation (as applicable) of solid and hazardous materials encountered on property that is or will be owned or controlled by Wheat Ridge , including : any property purchased by Wheat Ridge for the Tabor Street Improvements and those portions of the property as shown IGA Wheat Ridge RTD -DRCOG Gold Line v.3-14-14 by RTD Page 3 of 10 on Exhibit A. Environmental Work performed by Wheat Ridge will not be reimbursed by RTD under this IGA. e . Utilities and Restoration. Wheat Ridge shall coordinate with RTD in the design and construction of the Tabor Street Improvements and the placement of utilities . Wheat Ridge shall be responsible to arrange for the relocation of any utilities that conflict with the Tabor Street Improvements. RTD shall not be responsible to remove the current Tabor Street Improvements corridor roadway nor restore the property upon which it is installed. f . Access and Schedule. Wheat Ridge shall ensure that the Ward Road worksites are accessible to RTD and its contractors during implementation of the Tabor Street Improvements. The Tabor Street Improvements shall be substantially completed no later than December 31 , 2015, as such date may be extended by mutual agreement of the parties . If Wheat Ridge fails to implement the Tabor Street Improvements by December 31, 2015, or such time as RTD determines that modifications to scope of the Tabor Street Improvements may be required to avoid delays on the Gold/NWES corridor project (the "Project " as defined in the LCA), RTD reserves the right to request a modification of the PUC Decision No . 13-1249 to remove all or portions of the Tabor Street Improvements from the Tabor Street Improvements scope so as to avoid delay to the Project. In such event, the Parties agree to work together in good faith to preserve as much of the Tabor Street Improvements as is practicable, but in accordance with the LCA, the Parties expressly acknowledge the implications of the timeliness of the completion of the Tabor Street improvements to the Project and agree that that modification of the Tabor Street Improvements might be appropriate avoid causing an Impact (as defined in the LCA) to the Project. g . Tabor Street Improvements Communications. Wheat Ridge shall address communications to RTD with respect to Federal Requirements, Retainage and Bonds , Reporting , and invoicing to: Eagle Project Cost Engineer Currently : Elizabeth Noreen Elizabeth.Noreen@RTD-Denver.com 303-299-2934 All other communications shall be addressed in accordance with Section 11 (Notices). h. Right-of-Way Transactions. 1. Wheat Ridge shall acquire all real property necessary to implement the Tabor Street Improvements , including the five strips of ROW , depicted on Exhibit A. Wheat Ridge shall comply with the Uniform Act and its implementing regulations located at 49 C.F.R. Part 24 in acquiring property that is necessary to implement the Tabor Street Improvements and shall provide to RTD all documentation necessary for RTD to submit for FT A concurrence on the purchase of the real property. Where required, FTA IGA Wheat Ridge RTD-DRCOG Gold Line v.3 -14-14 by RTD Page 4 of 10 concurrence must be obtained prior to acquiring real property for the Tabor Street Improvements . i. Cost Responsibility for Tabor Street Improvements Changes. 1. Allowable Costs for Tabor Street Improvements. Wheat Ridge shall follow the applicable cost principles circulars , currently in Title 2 of the Code of Federal Regulations , in determining whether Tabor Street Improvement costs are allowable or unallowable. Title 2 C.F.R. part 225 , also known as OMB Circular A-87, establishes principles and standards for determining costs applicable to grants , contracts , and other agreements with State and local governments and federally recognized Indian tribal governments . Title 2 C.F.R. part 230 also known as OMB Circular A-122 establishes cost principles for nonprofits . Wheat Ridge 's costs must specifically relate to the purpose of the DRCOG funding and the latest approved Tabor Street Improvements budget. Wheat Ridge may incur costs of both a direct and indirect nature . Direct costs are costs that can be identified specifically with a particular cost objective and may be charged directly to a grant, contracts, or to other programs. All direct costs, even for Tabor Street Improvements administration activities , must be adequately supported with proper documentation. For example , all labor charges must be supported with T&A records. Indirect costs are costs incurred for a common or joint purpose benefiting more than one cost objective . Indirect costs must be supported by an approved cost allocation plan (CAP) and/or ind irect cost rate proposal. 2. Invoicing. Wheat Ridge shall pay all costs to design and construct the Tabor Street Improvements , including costs to acquire real property necessary therefor. Wheat Ridge shall provide invoices with supporting documentation demonstrating the amount of the Wheat Ridge 's payments to its prime design and construction contractors , less retainage , or for eligible direct costs incurred by Wheat Ridge . Provided Wheat Ridge is not in breach of any obligation under this IGA, RTD shall pay the DRCOG funding to Wheat Ridge on the basis of actual allowable costs invoiced, less retainage, for federally eligible elements of work in an amount not to exceed the DRCOG funding amount of $740 ,228 .00 . Wheat Ridge 's final invoice to RTD shall be for retainage amounts due to Wheat Ridge 's contractors in accordance with CRS 24-91-101, et seq. 3. Disallowed Costs. Wheat Ridge agrees that reimbursement of any cost in accordance herewith does not constitute a final FT A decision about the allowability of that cost and does not constitute a waiver of any violation by Wheat Ridge of the terms of approved grant Agreement. If the government determines that Wheat Ridge is not entit led to receive any part of the Federal funds requested , RTD will notify Wheat Ridge stating the reasons and Wheat Ridge will return any funds due to FT A , with interest, 30 days from receipt of a wr itten demand from RTD. Unless prohibited by law, RTD may offset any funds to be made available under any agreement with Wheat Ridge that is necessary to sat isfy any outstanding monetary claims that FTA may have against RTD and /or IGA Wheat Ridge RTD -DR COG Gold Line v .3-14-14 by RTD Page 5 of 10 Wheat Ridge. Exceptions pertaining to disallowed costs are set forth in FTA directives or in other written Federal guidance . 4. Review by RTD . RTD's approval of any solicitations, contracts, invoices, right-of-way acquisitions or any other documentation or payment for any the Tabor Street Improvements under this IGA shall not be considered a review of Wheat Ridge's federal funding compliance practices or an approval of such practices and shall in no way relieve Wheat Ridge of its responsibility to ensure its own compliance with any applicable requirements . In the event any amount paid by RTD with DRCOG funds is later determined to be ineligible for funding by any agency, Wheat Ridge shall reimburse the amount of those ineligible funds and any interest or penalties . 5. Local Match . Wheat Ridge shall not receive local agency credit for this DRCOG funding. 5. In the event Wheat Ridge does not expend the full $740,228.00 on the Tabor Street Improvements or does not receive all necessary FTA approvals, the Parties agree to work with DRCOG to determine the appropriate use for the entire award or any unused portion thereof. 6. DISPUTES. Disputes will be initially resolved between the project liaisons. If the respective project liaisons are unable to resolve the dispute, they will document the basis for dispute, either independently or together, and forward such information to senior management in accordance with the following escalation process : (i) RTD FasTracks Senior Implementation Manager and the City 's Public Works Director, (ii) Assistant General Manager for Planning and Development for RTD and the City 's Public Works Director, and (iii) the RTD General Manager and the City Manager of Wheat Ridge. 7. LIABILITY. As between the Parties , and without either the City or RTD waiving any of the rights and protections provided under the Colorado Governmental Immunity Act, C.R.S. Sections 24 -10-101 to 120 , each Party hereto will be responsible for its own negligence and that of its agents and employees in the performance of this IGA. If either Party is given notice of claim or suit against or involving the other arising from the implementation of this IGA or the design or construction of the Project, it agrees to give the other Party prompt written notice of such claim or suit. 8. APPROVAL BY CITY COUNCIL AND THE BOARD. This IGA is expressly subject to , and will not be or become effective or binding on the City or RTD until approved by the Wheat Ridge City Council ("City Council ") and the Board, respectively . In addition, the Parties expressly acknowledge and agree that this IGA is subject to the ROD and contingent upon federal funding or credit assistance. 9. APPROPRIATION BY CITY COUNCIL AND THE BOARD. This IGA does not commit any present funding by either Party. Implementation of this IGA implies future financial commitments by both Parties subject to approval by the Board and the City Council and subject to each entity 's legally required budgeting , authorization , and appropriation process. Any and all obligations of the City and RTD under and pursuant to this IGA which require funding are subject to prior annual appropriations of funds expressly made by the City Council and the IGA Wheat Ridge RTD -DRCOG Gold Line v.3·14·14 by RTD Page 6 of 10 Board, respectively, for the purposes of this IGA. Nothing herein will be construed by either Party as a multiple fiscal year obligation as described by Article X , Section 20 of the Colorado Constitut ion . 10. MISCELLANEOUS. 10.1 Merger . This IGA represents the entire agreement between the Parties with respect to the subject matter hereof and all prior agreements , understandings or negotiations will be deemed merged herein . No representations , warranties , promises or agreements, express or implied , will exist between the Parties, except as stated herein. 10.2 Amendment. No amendment to this IGA will be made or deemed to have been made unless in writing executed and delivered by the Party to be bound thereby . 10.3 Governing Law. This IGA w ill be interpreted and enforced according to the laws of the State of Colorado, the ordinances of the City, the applicable provisions of federal law, and the applicable rules and regulations promulgated under any of them . Venue for any action hereunder will be proper and exclusive in Jefferson County District Court, Golden , Colorado . 10.4 Term and Termination . This IGA will commence on the Effective Date and will remain in effect unti l terminated in writ ing by the Parties or by court order. All provisions of this IGA that provide rights or create responsibilities for the Parties after termination will survive termination of this I GA. 10.5 Authority. The Parties represent that each has taken all actions that are necessary or that are required by its procedures, bylaws , or applicable law to legally authorize the undersigned signatories to execute this IGA on behalf of the Parties and to bind the Parties to its terms. 10.6 Severability . To the extent that this IGA may be executed and performance of the obligations of the Parties may be accomplished within the intent of the IGA, the terms of the IGA are severable , and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure will not affect the validity of any other terms or provision hereof. 10.7 Waiver . The waiver of any breach of a term hereof will not be construed as a waiver of any other term, or the same term upon a subsequent breach. 10.8 No Third Party Beneficiaries . It is expressly understood and agreed that enforcement of the terms and conditions of this IGA, and all rights of action relating to such enforcement , will be strictly reserved to the Parties hereto, and nothing contained in this IGA will give or allow any such claim or right of action by any other or third person under this IGA. It is the express intention of the Parties to this IGA that any person or entity other than the Parties receiving services or benefits under this IGA be deemed an incidental benefic iary only . 10.9 Changes in Law . This IGA is subject to such modifications as may be required by changes in city, state or federa l law , or their implementing regulations . Any such required modification will automatically be incorporated into and be part of this IGA on the effective date of such change as if fully set forth herein . IGA Wheat Ridge RTD-DRCOG Gold Line v.3·14·14 by RTD Page 7 of 10 10.10 Independent Contractors . The Parties hereto are independent contractors and not partners or joint venturers of one another. 10.11 Conflict of Interest. No officer, employee or agent of RTD, nor any member of its Board, nor any member of Congress, nor any other public official or employee of the governing body of the locality or localities included within the district, during his or her tenure, or for one (1) year thereafter , will have any personal pecuniary or property interest , direct or indirect, in this IGA or the proceeds hereof. 10.12 Paragraph Headings . The captions and headings set forth in this IGA are for convenience of reference only and will not be construed so as to define or limit its terms and provisions. 10.13 Counterparts. This IGA may be executed in counterparts. Signatures on separate originals will constitute and be of the same effect as signatures on the same original. Electronic and faxed signatures will constitute original signatures. 11. NOTICES. Except as may be specifically required herein, all communications required by this IGA will be made in writing, via U.S . First Class Post , e-mail, or facsimile , to the following individuals (or their delegates), who will be the project liaisons for their respective organizations: To the City: To RTD : City of Wheat Ridge Steve Nguyen , PE, Engineering Manager 7500 W 291h Avenue Wheat Ridge, Colorado 80033 Phone: (303) 235-2862 Facsimile : (303) 235-2857 e-mail : snguyen@ci.wheatridge .co.us Eagle Project Design-Build Project Manager Greg Straight, P.E. Regional Transportation District 1670 Broadway, Suite 2700, Denver, CO 80202 Phone: 720 .939.5312 Greg .Straight@rtd-fastracks.com With a copy for legal notices to : Marla Lien, General Counsel Regional Transportation District 1600 Blake Street Denver, CO 80202 Project liaisons may be changed or additions made at the discretion of each Party by written notice to the other Party . IGA Wheat Ridge RTD -DRCOG Gold Line v.3-14-14 by RTD Page 8 of 10 The remainder of this page is intentionally left blank. IGA Wheat Ridge RTD -DRCOG Gold Line v.3·14 -14 by RTD Page 9 of 10 IN WITNESS WHEREOF , the City and RTD have executed , through their respective lawfully empowered representatives, this IGA as of the day and year above written. ATTEST : By : __________________________ ___ Janelle Shaver City Clerk CITY OF WHEAT RIDGE By : __________________________ __ Joyce Jay Mayor, City of Wheat Ridge RECOMMENDED AND APPROVED: By: __________________________ __ Patrick Goff City Manager, City of Wheat Ridge APPROVED AS TO LEGAL FORM FOR RTD : REGIONAL TRANSPORTATION DISTRICT By : By : --------------------------- Dana E. Steele Phillip A. Washington Associate General Counsel General Manager Date : __________________________ _ IGA Wheat Ridge RTO -ORCOG Gold line v.3-14-14 by RTO Page 10 of 10 S e ction 3 Section 4 Exhibit A -page I SHEET , .. ,, .. , ____ _ TAB OR STREET Exhibit A ~·., ..... r City of .. (?.'WheatRi_dge ~PUBLIC WORKS City of Wheat Ridge Municipal Bu ilding 7500 W. 29"' Ave . Wheat Ridge , CO 80033-8001 P: 303 .235 .2861 F: 303 .235 .285 7 December 29,2011 Mr. Ashland Vaughn RTD Fastracks 1560 Broadway, Suite 700 Denver CO 80202 RE: Tabor Street Improvements South of Gold Line Right-of-Way Dear Mr. Vaughn: This letter is to confirm that the City of Wheat Ridge intends to improve Tabor Street as a complete street south of the Gold Line right-of-way to at least 49th Avenue. The improvements will include widening the street to include a center tum lane and bike lanes to 49th Avenue . Sidewalks and amenity zones will be added to both sides of the street for a little o er 300 feet south of the Gold Line right-of-way. The remaining 300 feet to 49th Avenue will only include sidewalk and amenity zone on the east side of the street because of limiting topography and resulting lack of access to the properties on the west side. South of 49th A venue, the improvements will consist of just adding bike lanes since a sidewalk already exists on the east side ofTabor Street. The City is very committed to this project since Tabor Street is shown in our Bicycle and Pedestrian Master Plan as a major bike route to the Ward Road Station for Wheat Ridge residents. The City also wants to ensure that adequate pedestrian facilities are included to access the Station from the properties located south of the Gold Line. The City is currently working with RTD to use their portion of the DRCOG 2nd $60 million funds to construct these improvements . The City is requesting that RTD continue to show the Tabor Street crossing as a compete street in accordance with the City 's adopted plans and obtain approval from the Colorado Public Utilities Commission for this design . If you have any concerns , question or comments , please contact me at 303-235-2863. Sincerely, Mark Westberg PE , CFM Project Supervisor Exhibit A-page 2 www.cl.wheatrldge.co.u EXHIBIT B FEDERAL REQUIREMENTS The City shall comply with and perform its obligations under this IGA in accordance with the following requirements and provisions, and ensure that {where relevant) this Exhibit is incorporated into and appended to each contract or subcontract entered into for the work to be performed under this IGA: 1. FEDERAL REQUIREMENTS APPLICABLE TO ARCHITECTURAL AND ENGINEERING CONTRACTS AND SUBCONTRACTS 1.1 Disadvantaged Business Enterprises Requirements In accordance with Section 3 of this Exhibit. 1.2 Incorporation of FTA Terms The provisions of this IGA include, in part , certain Standard Terms and Conditions required by the United States Department of Transportation (DOT), whether or not expressly set forth in the IGA provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, dated November 01, 2008, as may be amended, are hereby incorporated by reference . Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in the IGA. The City shall not perform any act, fail to perform any act, or refuse to comply with any RTD requests which would cause RTD to be in violation of the FTA terms and conditions . The incorporation of FT A terms has unlimited flow down . 1.3 Federal Changes All applicable FTA regulations , policies, procedures and directives, as may be amended or promulgated from time to time during the term of this I GA. 1.4 No Government Obligation to Third Parties The City acknowledges and agrees that, notwithstanding any concurrence by the Federal Government in or approval of the IGA or the solicitation or award of the underlying contracts or subcontracts, absent the express written consent by the Federal Government, the Federal Government is not a party to this IGA or such contracts and subcontracts and shall not be subject to any obligations or liabilities to RTD , the City, or any other party (whether or not a party to the IGAs or other contracts) pertaining to any matter resulting from the IGA. 1.5 Selection of Architects and Engineers (Brooks Act) All applicable provisions of 40 U.S.C. § 1101, et seq. The City shall use competitive proposal procedures based on the Brooks Act when contracting for architectural and engineering services as defined in 40 U.S.C . § 1101. 1.6 Debarment Exhibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 1 (i) Federal Executive Order no . 12549 (Feb. 18 , 1986), (ii) Federal Executive Order no . 12689 (Aug . 16 , 1989), (iii) 31 U.S.C. § 6101 note (Section 2455, Pub. L. 103-355, 108 Stat. 3327) and (iv) 49 CFR Part 29 "Governmentwide Debarment and Suspension (Nonprocurement)". 1.7 Lobbying 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995) and 31 U.S .C. 3801 , et seq . 1.8 Program Fraud and False or Fraudulent Statements and Related Acts The provisions of the Program Fraud Civil Remedies Act of 1986 , as amended , 31 U.S .C. § 3801 et seq . and USDOT regulations , "Program Fraud Civil Remedies", 49 CFR Part 31 . 1.9 Civil Rights (a) 49 U.S . C. § 5332 (Nond iscrimination in Federal Public Transportation Programs); (b) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S .C. §§ 2000d et seq ., and with USDOT regulations , "Nondiscrimination in Federally-Ass isted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act", 49 CFR Part 21 ; (c) All applicable requirements of Title IX of the Education Amendments of 1972, as amended , 20 U.S .C . §§ 1681 et seq ., and any Federal regulations that prohibit d iscrim ination on the bas is of sex that may be applicable ; (d) The Age Discrimination Act of 1975 , as amended , 42 U.S.C. §§ 6101 et seq ., and any U.S . Health and Human Se rvices implementing regulations , "Nondiscrimination on the Bas is of Age in Programs or Activit ies Receiving Federal Financial Assistance ", 45 CFR Part 90 ; (e) The Age Discrimination in Employment Act , 29 U.S.C . §§ 621 through 634 and any U.S. Equal Employment Opportunity Commission implementing regulations , "Age Discrimination in Employment Act", 29 CFR Part 1625; (f) All equal employment opportunity prov isions of 49 U.S.C. § 5332 , with T itle VII of the Civil Rights Act of 1964, as amended , 42 U.S.C . § 2000e , and Federal implementing regulat ions and any subsequent amendments thereto , except to the extent FTA determines otherwise in writing , and any applicable Federal equal employment opportun ity directives that may be issued from time to time ; and (g) All appl icable equal employment opportunity requirements of U.S . Department of Labor regulations , "Office of Federal Contract Compliance Programs , Equal Employment Opportunity, Department of Labor", 41 CFR Parts 60 et seq., which implement Executive Order No . 11246, "Equal Employment Opportunity", as amended by Executive Order No . 11375 , "Amending Executive Order No . 11246 Relating to Equal Employment Opportunity", 42 U.S.C. § 2000e , and also with any Federal laws , regulations, and directives that may in the future affect construction undertaken as part of the project. 1.10 Fly America Requirements Exh ibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requ irements Page 2 49 U.S.C. § 40118 (the Fly America Act) and the General Services Administration's regulations at 41 CFR Part 301-10. 1.11 Access Requirements For Persons With Disabilities (a) 49 U.S.C. § 5301(d); (b) All applicable provisions of Section 504 of the Rehabilitation Act of 1973, as amended by 29 U.S.C. § 794; (c) The Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101 et seq.; and (d) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq .. 1.12 Energy Conservation Requirements (a) All applicable mandatory energy efficiency standards and policies within applicable State energy conservation plans issued in accordance with the Energy Policy and Conservation Act, 42 U.S.C. §§ 6321 et seq.; and (b) The Requirements of FTA regulations, "Requirements for Energy Assessments", 49 CFR Part 622, Subpart C. 1.13 Clean Water Requirements All applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. The City shall report all violations thereof to RTD, to FTA and to the appropriate Environmental Protection Agency Regional Office. 1.14 Clean Air Requirements All applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The City shall report all violations to RTD, to FTA and to the appropriate Environmental Protection Agency Regional Office. 1.15 Access to Records and Reports. (a) For a period of three years following final payment, the City shall maintain, preserve and make available to RTD, the FTA Administrator, the Comptroller General of the United States, and any of their authorized representatives, access at all reasonable times to any books, documents, papers and records of the City which are directly pertinent to this work for the purposes of making audits, examinations, excerpts and transcriptions. The City also agrees, pursuant to 49 CFR 633.17 , to provide the FTA Administrator or his or her authorized representatives, including any project management oversight contractor, access to City's records and sites pertaining to a major capital project, defined at 49 U.S.C . § 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S. C. §§ 5307, 5309 or 5311 . Exhibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 3 (b) The City shall maintain and RTD shall have the right to examine and audit all records and other evidence sufficient to reflect properly all prices, costs or rates negotiated and invoiced in performance of this work. This right of examination shall include inspection at all reasonable times of the City's offices engaged in performing the work. (c) If this Contract is completely or partially terminated, the City shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement. The City shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to work until such appeals, litigation, or claims are finally resolved. 2. FEDERAL REQUIREMENTS APPLICABLE TO CONSTRUCTION CONTRACTS AND SUBCONTRACTS 2.1 Disadvantaged Business Enterprises Requirements In accordance with Section 3 of this Exhibit. 2.2 Incorporation of FTA Terms The provisions of this IGA include, in part, certain Standard Terms and Conditions required by the United States Department of Transportation (Don. whether or not expressly set forth in the IGA provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, dated November 01, 2008, as may be amended , are hereby incorporated by reference . Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in the IGA. The City shall not perform any act, fail to perform any act, or refuse to comply with any RTD requests which would cause RTD to be in violation of the FT A terms and conditions. The incorporation of FTA terms has unlimited flow down. 2.3 FTA regulations and policies All applicable FTA regulations, policies, procedures and directives, as may be amended from time to time during the term of this I GA. 2.4 No Government Obligation to Third Parties The City acknowledges and agrees that, notwithstanding any concurrence by the Federal Government in or approval of the IGA or the solicitation or award of the underlying contracts or subcontracts, absent the express written consent by the Federal Government, the Federal Government is not a party to this IGA or such contracts and subcontracts and shall not be subject to any obligations or liabilities to RTD, the City, or any other party (whether or not a party to the IGAs or other contracts) pertaining to any matter resulting from the IGA. 2.5 Debarment (i) Federal Executive Order no. 12549 (Feb. 18, 1986), (ii) Federal Executive Order no. 12689 (Aug. 16, 1989), (iii) 31 U.S.C. § 6101 note (Section 2455, Pub. L. 103-355, 108 Stat. 3327) and (iv) 49 CFR Part 29 "Governmentwide Debarment and Suspension (Nonprocurement)". 2.6 Lobbying Exhibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 4 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995) and 31 U.S .C. 3801 , et seq. 2. 7 Program Fraud and False or Fraudulent Statements and Related Acts The provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies", 49 CFR Part 31 . 2.8 Civil Rights (a) 49 U.S.C. § 5332 (Nondiscrimination in Federal Public Transportation Programs); (b) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d et seq., and with USDOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act", 49 CFR Part 21; (c) All applicable requirements of Title IX of the Education Amendments of 1972, as amended , 20 U.S.C. §§ 1681 et seq., and any Federal regulations that prohibit discrimination on the basis of sex that may be applicable; (d) The Age Discrimination Act of 1975, as amended , 42 U.S.C. §§ 6101 et seq., and any U.S. Health and Human Services implementing regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance", 45 CFR Part 90; (e) The Age Discrimination in Employment Act , 29 U.S. C.§§ 621 through 634 and any U.S. Equal Employment Opportunity Commission implementing regulations, "Age Discrimination in Employment Act", 29 CFR Part 1625; (f) All equal employment opportunity provisions of 49 U.S .C. § 5332 , with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e , and Federal implementing regulations and any subsequent amendments thereto , except to the extent FTA determines otherwise in writing, and any applicable Federal equal employment opportunity directives that may be issued from time to time ; and (g) All applicable equal employment opportunity requirements of U.S. Department of Labor regulations , "Office of Federal Contract Compliance Programs, Equal Employment Opportunity , Department of Labor", 41 CFR Parts 60 et seq., which implement Executive Order No . 11246 , "Equal Employment Opportunity", as amended by Executive Order No. 11375 , "Amending Executive Order No . 11246 Relating to Equal Employment Opportunity", 42 U.S.C. § 2000e , and also with any Federal laws, regulations, and directives that may in the future affect construction undertaken as part of the project. 2.9 Fly America Requirements 49 U.S.C . § 40118 (the Fly America Act) and the General Services Administration's regulations at 41 CFR Part 301-10. Exhibit B to Wheat Ridge /RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 5 2.10 Access Requirements For Persons With Disabilities (a) 49 U.S.C. § 5301(d); (b) All applicable provisions of Section 504 of the Rehabilitation Act of 1973 , as amended by 29 U.S.C . § 794; (c) The Americans with Disabilities Act of 1990, as amended, 42 U.S.C . §§ 12101 et seq.; and (d) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq .. 2.11 Energy Conservation Requirements (a) All applicable mandatory energy efficiency standards and policies within applicable State energy conservation plans issued in accordance with the Energy Policy and Conservation Act , 42 U.S.C. §§ 6321 et seq.; and (b) The Requirements of FTA regulations, "Requirements for Energy Assessments", 49 CFR Part 622, Subpart C. 2.12 Clean Water Requirements All applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq . The City shall report all violations thereof to RTD, to FTA and to the appropriate Environmental Protection Agency Regional Office . 2.13 Clean Air Requirements All applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended , 42 U.S.C . §§ 7401 et seq. The City shall report all violations to RTD , to FTA and to the appropriate Environmental Protection Agency Regional Office. 2.14 Contract Work Hours and Safety Standards Act All applicable requirements of the Contract Work Hours and Safety Standards Act 40 U.S.C. 3702 et seq., and all applicable implementing regulations . 2.15 Seismic Safety Requirements The standards for Seismic Safety required in USDOT Seismic Safety Regulations , 49 CFR Part 41j . 2.16 Recycled Products All requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended by 42 U.S.C. 6962, including the regulatory provisions of 40 CFR Part 247, and Exhibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 6 Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 2.17 Buy America 49 U.S .C. 53230) and 49 CFR Part 661. The City shall obtain Buy America certifications from each contractor, supplier and vendor and shall provide copies of such certifications to RTD. 2.18 Cargo Preference Requirements All applicable requirements of 42 U.S.C. 1241 and 46 CFR 381. 2.19 Access to Records and Reports. (a) For a period of three years following final payment, the City shall maintain, preserve and make available to RTD, the FTA Administrator, the Comptroller General of the United States, and any of their authorized representatives, access at all reasonable times to any books, documents, papers and records of the City which are directly pertinent to this work for the purposes of making audits, examinations, excerpts and transcriptions. The City also agrees, pursuant to 49 CFR 633.17, to provide the FTA Administrator or his or her authorized representatives, including any project management oversight contractor, access to City's records and sites pertaining to a major capital project, defined at 49 U.S.C. § 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. §§ 5307, 5309 or 5311. (b) The City shall maintain and RTD shall have the right to examine and audit all records and other evidence sufficient to reflect properly all prices, costs or rates negotiated and invoiced in performance of this work. This right of examination shall include inspection at all reasonable times of the City's offices engaged in performing the work. (c) If this Contract is completely or partially terminated, the City shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement. The City shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to work until such appeals, litigation, or claims are finally resolved. 2.20 Davis-Bacon and Copeland Anti-Kickback Acts The provisions of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 and any rulings and interpretations issued by the Secretary of the United Stated Department of Labor. (a) Davis-Bacon- (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in Exhibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 7 the wage determination of the Secretary of Labor which is attached hereto as Annex 1 and made a part of this IGA, regardless of any contractual relationship which may be alleged to exist between the City and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b )(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1 )(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1 )(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the City and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: ( 1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination . (B) If the City and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the City, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of Exhibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 8 receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1 )(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the City shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the City does not make payments to a trustee or other third person, the City may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the City, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the City to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. RTD shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the City under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the City or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, RTD may, after written notice to the City, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the City during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b )(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid . Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b )(2)(B) of the Davis-Bacon Act, the City shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The City, if employing apprentices or trainees under approved Exhibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 9 programs, shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs . (ii)(A) The City shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Transit Administration if the agency is a party to the contract , but if the agency is not such a party, the City will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired . Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http ://www .dol.gov/esa/whd/forms/wh347instr.htm or its successor site . The City is responsible for the submission of copies of payrolls by all subcontractors . The City and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Federal Transit Administration if the agency is a party to the contract , but if the agency is not such a party, the City will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Transit Administration, the City , or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements . It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor , or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the City or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: ( 1 ) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations , 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete ; ( 2 ) That each laborer or mechanic (including each helper, apprentice , and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; ( 3 ) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance " required by paragraph (a)(3)(ii)(B) of this section . (D) The falsification of any of the above certifications may subject the City or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the Exhibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 10 United States Code. (iii) The City or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the City or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the City, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees-(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the City as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not Jess than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where the City is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the City's or subcontractor's registered program shall be observed. Every apprentice must be paid at not Jess than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the City will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved . (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration . Every trainee must be paid at not Exhibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 11 less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed . In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program , the City will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved . (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements . The City shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts . The City or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (1 0) and such other clauses as RTD may by appropriate instructions require , and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The City shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination : debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of this IGA , and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12 . (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards . Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the City (or any of its subcontractors) and the contracting agency, the U.S . Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) The City certifies that neither it (nor he or she) nor any person or firm who has an interest in the City's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1 ). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1 ). Exhibit B to Wheat Ridge /RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 12 (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code , 18 U.S.C. 1001. (b) Contract Work Hours and Safety Act Provisions - (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics (which terms are expanded to include watchmen and guards by 29 CFR 5.5(b)) shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek . (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b )(1) of this section the City and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the City and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)( 1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. RTD shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the City or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act , which is held by the same prime contractor, such sums as may be 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 (b)(2) of this section . ( 4) Subcontracts. The City or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)( 1) through ( 4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The City shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)( 1) through ( 4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in §5 .1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the City or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics , including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee , social security number , correct classifications, hourly rates of wages paid, daily and weekly number of hours worked , deductions made , and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the City or Exhib it B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 13 subcontractor for inspection, copying, or transcription by authorized representatives of RTD and the Department of Labor, and the City or subcontractor will permit such representatives to interview employees during working hours on the job. 3. DISADVANTAGED BUSINESS ENTERPRISES PROGRAMS (a) The City shall comply with all requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises ("DBEs") in Department of Transportation Financial Assistance Programs in the performance of the work. The goal for participation of DBEs is 20% for the Project. (b) The City shall not discriminate on the basis of race, color, national origin, or sex in the performance of this IGA. RTD's commitment to the DBE goal is not intended to, and shall not be used as a justification to, discriminate against any qualified company or group of companies . (c) The City shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted IGA. Failure by the City to carry out these requirements is a material breach of this IGA, which may result in the termination of this IGA or such other remedy as RTD deems appropriate. Each subcontract for the work include the assurance in this paragraph in accordance with 49 CFR 26.13(b ). (d) The City shall cooperate with RTD with regard to maximum utilization of DBEs and will use its best efforts to insure that DBEs shall have the maximum practicable opportunity to compete for subcontract Work under this IGA. The City shall assist RTD in verifying compliance with the DBE requirements of this IGA by submitting or requiring its prime subcontractor to submit the forms attached as Annex 2. Upon completion of the work, the City shall submit a summary of payments, by subcontract, made to all subcontractors to RTD's Business Opportunity and Outreach Officer. (e) Prompt Payment of DBE Subcontractors The City shall ensure that: (i) its contractor shall pay its DBE subcontractors for satisfactory performance of their contracts, as that concept is described in 49 C.F.R. 26.29(c), no later than 30 days from receipt of each payment a duly submitted invoice for payment, regardless of whether such the City has been paid for such invoice; (ii) approval of invoices is not unreasonably delayed and that invoices shall be either approved or rejected with written notice of deficiency or dispute to the payee subcontractor within ten days of receipt of invoice by the contractor; and (iii) the contractor makes prompt and full payment of any retainage kept by contractor to its DBE subcontractors within 30 days after such DBE's work has been satisfactorily completed. (f) Defaulting DBE Subcontractors/Termination of Subcontracts (i) The City shall not terminate or permit termination of a DBE subcontractor performing work related to this IGA without RTD 's prior written consent, which RTD is prohibited Exhibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 14 from providing unless the City has shown good cause, as that term is described in 49 C.F.R. 26 .53(f)(3), to terminate the DBE subcontractor. (ii) The City will follow the notice and opportunity for response identified in 49 C.F.R. 26.53(f)(4) and (5). The City shall make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. (g) RTD will follow the procedures set forth in 49 CFR. 26.53 and Appendix A to 49 CFR Part 26 in determining whether the City has demonstrated good faith efforts in meeting the DBE Goals . (h) The City shall submit, or require that its prime subcontractor submit, at least monthly a participation report (a DBE Participation Report) in the form set out in Annex 2. At the completion of the work, the City shall submit to RTD a summary of payments made to all DBEs. Exhibit B to Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Federal Requirements Page 15 Annex 1 Wage Determinations Applicable to the Work Element of the Work Wage Determination to be Applied [Roadway, Heavy, Building, [insert applicable]1 etc] This should be the wage determination included in the Concession Agreement if Eagle Project scope will be performed by a City/County instead of RTD. If other work. this should be the wage determination as of the date of the City/County issuance of RFP for the work . Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Exhibit B O€Jill\f£ft ftEGION.AL ~TATKJN Dtsn:wcT • 1tCL!S '-.. l~llQ) CONTRACT INFORMATION: Oriainal Contract Value: Change Orders Values· Final Contract Value: Total Pavments Received To Date: P!!ll!!!ents ReceiVed This Month: Start Date: Annex 2 -DBE Forms PRIME CONTRACTOR MONTHLY REPORT OF DBEISBE PARTICIPATION FormE Repon Contract Duration: Project Ref. No .: Report for Month of: Name and Location of Project' Name and Address of Prime Contractor: r,,. •.. .,,,..., .......... I'OU' IV Ill .. -UW-IVIIW UWIV'""'• Did your firm or an affiliate rent or lease equipment to a DBEISBE? Did any DBEISBE Utilize employees( or former employees) of your firm or an affiliate? Comeletion Date: Did any DBEISBE subcontract any portion of ots work to a non-DBEISBE since the last report firm? Has the scope of work or subcontract amount changed for any DBEISBE since the last report? Name of Subcontractor TOTAL COMMENTS· P1lme ContJ-ncto• Compliance Officer: Signature: Project Task CERT # Original Ongonal Contract Contract +/- Amount Amcuntc.o . ~ $ By s1gning this form, I personally end on behalf ofthe contractor affirm that the mtormst1on pressnted m this document 1s truthful, eccurete, complete end not misleading. Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street encong Payment This Previous Total Payments C.O's Overall Work Month Payments Amount and Completed% Data ~ s s ~ Telephone: Date: •vau~~~~e~~~.,,...o..:,..r.-,.._..c:::.ra.e-......,_ L-------------------~-~~~2111 Exhibit B ---- ---- Contract P .O Submitted Annex 2 -DBE Forms SCHEDULE OF DBE SUBCONTRACTOR PARTICIPATION NAME OF CONTRACTOR: Regarding : Wheat Ridge Tabor Street Improvements. Total cost of the DBE work: US$ ______________ _ NAME AND TYPE OF WORK (ELECTRICAL, PROJECTED AGREED ADDRESS OF PAVING, ETC.) AND START & PRICE TO DBE CONTRACT ITEMS OR PART COMPLETION BE PAID TO THEREOF TO BE PERFORMED DATES FOR DBE BYDBE DBE 1. A current DBE certification for each listed DBE must accompany this enclosure. Failure to provide proof of current DBE certification for any or all listed DBEs will eliminate such listed DBE's participation , and work performed by such DBE will not count towards satisfaction of the DBE goal. If additional pages are required to list all contracted DBEs, photocopy this enclosure as required to make a complete list. 2 . Contracts with DBEs for materials or supplies will be counted toward the DBE goal as follows : (i) materials or supplies obtained from a DBE manufacturer will be counted at 100% toward the DBE goals ; and (ii) materials or supplies obtained from a DBE regular dealer will be counted at 60% toward the DBE goals . Please refer to 49 CFR §26.55 for specifics with respect to how DBE participation is counted toward DBE goals . Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Exhib it B Annex 2 -DBE Forms LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR Regarding: Wheat Ridge Tabor Street Improvements The undersigned------------------------- (the Contractor) intends to engage the undersigned DBE to perform work in connection with the IGA pursuant to a contract (the DBE Contract) between the Contractor and the DBE as [check one]: an individual ---___ a corporation ___ a partnership ___ a joint venture The DBE status of the undersigned DBE is confirmed on the attached schedule of DBE participation and represents a company that is certified as of the date on which the DBE Contract is executed. Item Projected Projected COST Commencement Completion Date Date ___ % of the Dollar value of the DBE Contract will be sublet and/or awarded to non- DBE contractors and/or non-DBE suppliers. NAME OF CONTRACTOR NAME OF DBE SIGNATURE SIGNATURE TITLE DATE TITLE DATE Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Exhibit B Annex 2-DBE Forms SOLICITATION STATISTICS RTD is required to create and maintain bidder statistics for all firms bidding on prime contracts and bidding or quoting Subcontracts on USDOT-assisted projects per 49 CFR Part 26 .11 . The City is required to make copies of this form, send a copy with their initial contact to each contractor and subcontractor (both DBEs and non-DBEs) and require each contractor and subcontractor to return a completed form with its bid . Firm Name: Firm Address (Office Reporting): Status as a DBE or Non-DBE (check one): DBE __ Non-DBE __ Annual Gross Receipts of the Firm: (check one): U.S.$0 to U.S.$500,000 __ Million. __ U.S.$500,000 to U.S.$1,000,000 __ U.S.$1 Million to U.S.$5 Million to U.S.$10 Million __ U.S.$10 Million to U.S.$20.41 Million __ Above U.S.$20.41 Million __ Age of the firm : __ _ Signature:------------------------------ Name: Title : Date:---------------------- Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street U.S.$5 Exhibit B Annex 2 -DBE Forms EMPLOYER CERTIFICATION OF WORKFORCE The undersigned certifies that he/she is legally authorized to make the statements and representations contained in this report and that the statements and representations contained herein are true and correct to the best of his/her knowledge and belief. Firm Name: Signature:------------------------------ Name: Title: Date of Execution:-------------------------- Please note that this data may be obtained by visual survey or post-employment records. Neither visual surveys nor post- employment records are prohibited by Federal, State or local law. All specified data are required to be filled in by law. Current utilization as of ------------· Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Exhibit B Annex 2 -DBE Forms M =Male F =Female Job Categories Total Employees in Establ ishm ent Tota l Tota l Male Tota l Black Hispanic Native As ian -Subcontinent Other Employees Employees Female Amer ica ns A m er ican s A meri cans Pac ifi c As ian Includ ing Includ ing Em ployees Americans Amer icans Minorities Minorities In cl ud ing M F M F M F M F M F M F Minor it ies Offic ials & Managers Professionals Technicians Sales Office & Clerical Craft Workers I (skilled) Operatives (semi - skilled) Laborers (unsk illed) l Serv ice Workers TOTAL Wheat Ridge/RTD IGA for DRCOG funds at Tab or Street Exhibit B Annex 2 -DBE Forms DESCRIPTION OF JOB CATEGORIES Officials and Managers-Occupations requiring administrative personnel who set board policies, exercise full responsibility for execution of these policies, and individual departments or special phases of the operations. Professionals-Occupations requiring either college education or experience of such kind and amount as to provide a comparable background. Technicians-Occupations requiring a combination of specific scientific knowledge and manual skill which can be obtained through about 2 years of post high school education , such as is offered in many technical institutes and junior colleges , or through equivalent on-the-job training . Sales-Occupations engaging wholly or primarily in selling . Office and clerical-Includes all clerical-type work, regardless of level of difficulty, where the activities are predominately non-manual though some manual work directly involved with altering or transporting the products is included . Craft Worker (skilled) -Manual workers of relatively high skill level having a thorough and comprehensive knowledge of the processes involved in their work . Exercises considerable independent judgment and usually requires an extensive period of training . Operatives (semi-skilled) -Workers who operate machines or processing equipment or perform other factory-related duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Laborers (unskilled)-Workers in manual occupations which generally require no special training perform rudimentary duties that may be learned in a few days and require the application of little or no independent judgment. Service Workers-Workers in both protective and unprotective service occupations . RACE/ETHNIC IDENTIFICATION White (not Hispanic origin) -All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East Black Americans (not Hispanic origin)-All persons having origins in any of the Black racial groups of Africa Hispanic Americans-All persons of Mexican , Puerto Rican , Cuban, Dominican , Central or South American , or other Spanish or Portuguese culture or origin, regardless of race Asian-Pacific Americans-All persons whose origins are from Japan, China , Taiwan, Korea, Burma (Myanmar), Vietnam, Laos , Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines , Brunei , Samoa , Guam, the U.S . Trust Territories of the Pacific Islands (Republic of Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Exhibit B Annex 2 -DBE Forms Palau), the Commonwealth of the Northern Marianas Islands , Macao , Fiji , Tonga , Kirbati , Juvalu , Nauru , Federated States of Micronesia , or Hong Kong Subcontinent Asian Americans-All persons whose origins are from India, Pakistan , Bangladesh, Bhutan , the Maldives Islands , Nepal or Sri Lanka Native American-All persons having origins in any of the original peoples of North America , including American Indians , Eskimos , Aleuts , or Native Hawaiians Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Exhibit B Annex 2 -DBE Forms DBE UNAVAILABiliTY CERTIFICATION 1, ___________________ _ Name Title of (Contractor), certify that Contractor made the following efforts to meet the DBE goal on the [ * ]: [please attach any additional efforts that do not fit on this form] • A Contractor representative attended the pre-bid meeting. Yes __ _ No • Newspaper Advertisement Log: (attach copies of ads) Newspaper/Publication Type of Publication Dates of Advertisement Minority/General/Trade • Selected portions of the work to be performed by DBEs Work Categories Type of Bid Contractor's Additional (Subcontractor or Estimated Comments Supplier) Budget • Made efforts to assist interested DBEs in obtaining bonding, lines of credit, insurance or any necessary equipment, supplies, materials, etc. • [List any specific offers made] • Solicited the following DBEs I Date I Name of DBE I Contact Person I Phone # I Work Category Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Exhibit B Annex 2 -DBE Forms Contacted Firm • Followed up with initial contacts Date Name of DBE Phone# Bidding Additional (Yes or No) Comments • Contacted the following other agencies, organizations in recruitment of DBEs including RTD: Date Organization Phone# As shown by the documentation provided to RTD , we feel that we have made good faith effort to attain the DBE goals. Signature: ----------------- Date: _________ _ Wheat Ridge/RTD IGA for DRCOG funds at Tabor Street Exhibit 8 ... ~·~ ""' _ r City of :rwheat:Ri_dge ITEM NO:~ DATE: March 24 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 20-2014 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A REDEVELOPMENT AGREEMENT AND RELATED DOCUMENTS IN CONNECTION WITH THE PROPOSED REDEVELOPMENT AT THE SOUTHWEST CORNER OF WEST 38™ A VENUE AND KIPLING STREET D PUBLIC HEARING D BIDS /MOTIONS (gJ RESOLUTIONS D ORDINANCES FOR 1S T READING 0 ORDINANCES FOR 2 ND READING Q UASI-JUDICIAL: D YES -~4 (gJ NO ISSUE: On January 27 ,2014 Council adopted a resolution approving a modification to the I-70/K.ipling Corridors Urban Renewal Plan. The resolution provides for Renewal Wheat Ridge (RWR) to utilize Tax Increment Financing (TIF) for redevelopment of a commercial property at the southwest corner of 38 th Avenue and Kipling Street. The redeveloper of this site, MVG Development, has identified a financial gap in the project pro forma of approximately $3.0 million. The gap exists due to extraordinary development expenses that would make the project unfeasible from an economic standpoint. These expenses include numerous improvements to the property that would have public benefit, including for example, public right-of-way improvements, such as widening Kipling Street for improved traffic flow , new storm water drainage infrastructure, adding sidewalks and landscape buffers , as well as demolition of blighted buildings , remediation of on-site environmental contamination and greatly. improved building standards across the site. To co ver this financial gap , MVG is asking for RWR to issue a 10-year tax -exempt bond for about $2.4 million, which would be privately placed with a bank in Colorado , and for the City to 38t h and Kipling Redevelopment March 24 , 2014 Page 2 issue a subordinate note for about $1.0 million from the General Fund reserves. Both would be payable from the sales and property tax increment from the proposed project. The proposed resolution authorizes the City Manager to negotiate a redevelopment agreement with MVG and commits the City to a future adoption of a moral obligation resolution to secure the bonds and an appropriation of up to $1.0 million as a subordinate note to finance certain eligible improvements in connection with the project. PRIOR ACTION: Council received a staff memo and a presentation from MVG Development on this project at their study session on March 3 , 2014. Consensus was reached by City Council at that time to move forward with the proposed financing structure including a 10 year tax-exempt bond for about $2.4 million and a subordinate note for about $1.0 million from the General Fund . FINANCIAL IMPACT: The adoption of this resolution has no direct financial impact. Upon conclusion of the negotiations between the City, RWR and MVG , the City Council will be presented with a final redevelopment agreement, a resolution for the City 's financial contribution and a moral obligation resolution for the privately placed bond . BACKGROUND: The subject property, a blighted and under-perfonning commercial comer, was identified by RWR in the 1-70 /Kipling Corridors Urban Renewal Plan and by the community in the City 's Comprehensive Plan, En v ision Wh eat Ridge as an area in need of a transfonnative redevelopment project. During its 40 years of operation , the entire shopping center has fallen into disrepair. Numerous code enforcement issues are continually addressed by the City, including potholes and weeds in the parking lot, illegal dumping, transient occupancy of the vacant buildings , and general maintenance issues . In addition , the site has poor drainage which leads to occasional flooding in the structures located at the northern portion of the property. There are additional site constraints related to circulation, acces s, site sloping, inadequate parking in proximity to the Starbucks , and no significant landscaping anywhere on the 6.3 acres. MVG proposes construction of a new 6.3 acre mixed-use development including over 33 ,000 sq. ft. of retail and a 64-unit senior care facility. The retail components would consist of a Sprouts Farmers Market grocery store ; a new drive-thru Starbucks and one additional pad for a food service restaurant. The senior housing component would consist of a 64-unit assisted living and memory care facility. RECOMMENDATIONS: Staff recommends approval of the resolution. RECOMMENDED MOTION: "I move to approve Resolution No. 20-2014 -A resolution authorizing the City Manager to negotiate a redevelopment agreement and related documents in connection with the proposed redevelopment at the southwest comer of West 38th Avenue and Kipling Street." 38 1h and Kipling Redevelopment March 24,2014 Page 3 Or, "I move to deny approval of Resolution No. 20-2014 for the following reason(s) REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 20-2014 " ~~4~ .... , ., City of • :r wheat~dge ITEM NO: DATE: March 24 ,2014 TITLE: MOTION TO APPOINT LISA HOLLENBECK TO THE PLANNING COMMISSION REPRESENTING DISTRICT IV, TERM TO EXPIRE MARCH 2, 2017 0 PUBLIC HEARING C8J BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL : ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 ° READING D YES There currently is a vacancy on the Planning Commission in District IV. Lisa Hollenbeck is a resident of District III and has submitted an application to the Planning Commission requesting appointment. Council Members Wooden and Langworthy felt that with Ms. Hollenbeck's background as a realtor , her current college coursework in Land Use and Urban Development and her prior involvement with the City of Wheat Ridge as a 2013 Civic Academy graduate set her apart from others. They also believe that the positives Ms. Hollenbeck would bring to the Planning Commission outweigh the fact that she resides outside the District. Therefore Council Members Wooden and Langworthy have requested that Lisa Hollenbeck be appointed to fill the vacancy, term ending 3/2/17 . FINANCIAL IMPACT: None BACKGROUND: The last District IV representative was not asked to reapply because of an attendance issue over the three years of her term. The City Clerk's Office received an application from Lisa Hollenbeck, 3215 Garland Street, seeking to fill this position. Council Action Form March 24 , 2 014 Page 2 RECOMMENDATIONS: Council Members Wooden and Langworthy are recommending that Lisa Hollenbeck be appointed to the Planning Commission representing District IV , term to expire March 2, 2017. RECOMMENDED MOTION: "I move to appoint Lisa Hollenbeck to the Planning Commission representing District IV , term to expire March 2 , 2017." Or "I move to deny the appointment of Lisa Hollenbeck to the Planning Commission for the following reason(s) " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Hollenbeck Application mission Application ity Wheat Ridge ZO IJ DEC -3 P 2: 32 PLEASE APPLY QNLY FOR ONE BOARD O.R COMMISSION en " · ·' · ·· · APPLICATION FOR APPOINTMENT TO THE: Planning Commission BOARD/COMMISSION/COMMITTEE) DATE : 1212113 DISTRICT __ ---:1=11 ___ _ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE : 11years ARE YOU A REGISTERED VOTER? Yes WHY ARE YOU SEEKING THtS APPOINTMENT? I am currently enrolled at Metro State University seeking a degree in Land Use and Urban Development. I am interested in the planning process and development within Wheat Ridge. My children and I have lived in Wheat Ridge for the past 11 years; we love our home and community and care about the future of our city. Assisting in the effort of Wheat Ridge moving forward as a lively, thriving sustainable place to live is important to me. DO YOU HAVE EXPERIENCE IN THIS AREA? I have been a Realtor in the Metro Denver area since 1993. I have an understanding in diverse neighborhoods, business districts, and communities. I have recently taken classes and studied the trends in urban developments and smart growth. Completing. the Civic Academy in Wheat Ridge aided me in understanding the process in which Wheat Ridge operates. HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? No ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES?_....::.N.:.:o:...-_____________ _ SIGNATURE ~ ~.J PLEASE PRINT OR TYPE NAME: Lisa Hollenbeck ADDRESS : 3215 Garland Street Wheat Ridge , CO. 80033 Attachment 1 HOME PHONE : 303 .949.9208 BUSINESS PHONE : 303 .539 .5700 E-MAIL ADDRESS : Hollenbeckhomes@comcast.net APPLICATION WILLBE KEPT ON FILE FQ,R ON 'E YEAR ,~ .. _ .,. City of • :P'Wheat~dge ITEMNO: (_,, DATE: March 24,2014 TITLE: MOTION TO APPOINT WILLIAM GEHL TO THE LIQUOR LICENSING AUTHORITY BOARD REPRESENTING DISTRICT IV, TERM TO EXPIRE MARCH 2, 2016 0 PUBLIC HEARING [gj BIDS /MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES Q~ City Manager-611 There currently is a vacancy on the Liquor Licensing Authority Board in District IV. William Gehl is a resident of District III and has submitted an application to the Liquor Licensing Authority Board requesting appointment. No applications were received from District IV residents and this traditionally has been a difficult vacancy to fill. In 2013 the seat was vacant from March until October. Council Members Wooden and Langworthy interviewed Mr. Gehl and felt that the positives Mr. Gehl will bring to the Liquor Board outweigh the fact that he does not reside in the district. Therefore Council members Wooden and Langworthy have requested that Mr. Gehl be appointed to fill the vacancy, term ending March 2 , 2016. FINANCIAL IMPACT: None BACKGROUND: The District IV Representative, Brandy Bauer, resigned February 2014 (after three months on the Board) because she moved out of the City . The City Clerk 's Office recei ved an application from William Gehl , 7740 W. 35 1h Ave , Wheat Ridge seeking to fill this position. RECOMMENDATIONS: Council Members Wooden and Langworthy are recommending that William Gehl be appointed to the Liquor Licensing Authority Board representing District IV , term to expire March 2 , 2016 Council Acti o n F orm March 24 ,2014 Page 2 RECOMMENDED MOTION: "I move to appoint William Gehl to the Liquor Licensing Authority Board representing District IV , term to expire March 2 , 2016." Or "I move to deny the appointment of William Gehl to the Liquor Licensing Authority Board for the following reason(s) " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. William Gehl Application Board & Commission Application City of Wheat Ridge PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION APPLICATION FOR APPOINTMENT TO THE : Liquor License Authority (BOARD/COMMISSION/COMMITTEE) DATE: 101h April2013 DISTRICT ___ :..:.IV ___ _ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE : 13 Years ARE YOU A REGISTERED VOTER? ___ Ye=s ___ _ WHY ARE YOU SEEKING THIS APPOINTMENT? I would like to get more involved in the local community and be able t.o help were needed. DO YOU HAVE EXPERIENCE IN THIS AREA? No -however I am the president the Home owners association where I live for the past 1 0 years and counting. I am familiar with helping to make decision in the best interest of other. HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? N/A ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR OUTIES?_-.:.N=o~~------------- SIGNA TURE ;¥,/£. ~' _.:,.J.ij' PLEASE PRINT OR TYPE NAME :_----:W~i=llia=m~Ge=h;:.:,;l _________ _ ADDRESS: 7740 W . 351h Aye #202 WheatRidge. CO 80033 HOME PHONE : 303-237-3720 BUSINESS PHONE : _ ___,;3:::.::0~3....;:-4~63=--..:..:79=9=2-------------- E-MAIL ADDRESS : __ _,Wl=·l=lm::.:.:a=rc=9=9=@=g=.co=m:.:.:.-___________ _ APPLICATION WILL E KEPT ON FILE FOR ON :E YEAR Attachment 1 ~·, ...... ~ , City of • JP'WheatRi._dge ITEM NO:~ DATE: March 24 ,2014 TITLE: MOTION TO APPOINT DAN BRADFORD TO THE BOARD OF ADJUSTMENT, ALTERNATE AT-LARGE VACANCY, TERM TO EXPIRE 3/02/16 0 PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: 0 ORDINANCES FOR 1sT READING 0 ORDINANCES FOR 2ND READING D YES There is currently one vacancy on the Board of Adjustment, which is an at-large alternate position. Dan Bradford is a resident of Wheat Ridge and has expressed interest in being appointed as an alternate to the Board of Adjustment. FINANCIAL IMPACT: None BACKGROUND: Dan Bradford applied for the Building Code Advisory Board in December of2013 , but was not appointed at that time. Council member DiTullio spoke to Mr. Bradford and he expressed interest in serving as an alternate on the Board of Adjustment. RECOMMENDATIONS: Council member DiTullio is recommending that Dan Bradford be appointed to fill the last vacancy on the Board of Adjustment as an at-large alternate. RECOMMENDED MOTION: "I move to appoint Dan Bradford to the Board of Adjustment as an at-large alternate , term ending March 2, 2016." Council Action Fonn March 24, 2014 Page2 Or "I move to deny the appointment of Dan Bradford to the Board of Adjustment for the following reason(s) ________ _ REPORT PREPARED BY: Bruce Roome, Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Bradford Building Code Advisory Board Application 2. DiTullio/Bradford E-mail Board & Commission Application City of Wheat Ridge PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION APPLICATION FOR APPOINTMENT T O THE: [Jot fdJntS code rtc\Ul6crY J3oet:<;i (BOARO/COMMISSJON/COMMI'TTEE) DATE : ~-,f:-/3 DISTRICT ___ .:J_=------ HOW LONG HAve You BEEN A RESIDENT oF wHEAT RIDGE = a 3 YR s. ARE You A RE GISTERED voTER? Y~s .. WHY ARE YOU SEEKING THIS APPOINTMENT? :ziL tf;SS lf>T h1 y cAtnmtlrt.lf7 "->em (3il• Jd, Yl'i cadc:. JS<.uc..$ HAVE YOU EVER SERVED, OR ARE YOU CURRENTL Y ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? !HOW LONG? {)0 ARE THERE ANY CONFLICTS WHICH WOULD INTERFE RE WnH REGULAR AITENOANC E OR OU TIES?__.,/1_._()=---------------- S I GNATUR E~ ~ PLEASE PR INT OR TYPE NAME: o:=;= = ADDRESS : 6900 4 ) 0(9/N 4t)c< HOME PHONE: 30 -3 -CJ..3S -.$ .. 3S I BUSINESS PHONE: 3D .3 -D ,t::;'f:( -dO 7 2 E-MAIL ADDRE SS : /i1$T1 t::'ktrz t@ CAmQt5[: r1C.T APPLICATION WILL BE KEPT ON FILE FOR ONE VEAR Attachment 1 Bruce Roome Subject: FW: Board of Adjustment From: Dan Bradford [mailto:fastldan@comcast.net] Sent: Friday, February 28, 2014 2:03PM To: JDiTullio Home Cc: Bruce Roome Subject: Re: Board of Adjustment I would be interested. As you are aware I have been in construction my entire working life. Over twenty years as a Building, Plumbing, and Mechanical inspector. Prior to that I was a licensed General Contractor. Dan Sent from my iPad On Feb 28, 2014, at 11:37 AM, "JDT01" <jdt01@comcast.net> wrote: Hi Dan, Would you be interested in being appointed to the Board of Adjustment alternate position? Please let Bruce and I know. Thanks Jerry DiTullio Wheat Ridge City Counci l, District 1 7 500 W . 29th Ave. Wheat Ridge, Colorado 80033 Offi ce Phone : 303 .231.1392 www.ci.wheatridqe.co.us www.jerrvditullio.com "Better to keep your mouth closed and be thought a fool than to open it and remove all doubt." Mark Twain and others "Too often we enjoy the comfort of opinion without the discomfort of thought. " John F. Kennedy <image003.jpg> CONFIDENTI.ALI1Y NOTICE: This e-mail contains business-confidential informa tion . It is intended only for the use of the individual or entity named above . If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or u se of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message , and delete the original message from your computer, and any network to which your computer is connected. Thank you. Attachment 2 1