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
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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
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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
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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
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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
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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>
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Attachment 2
1