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HomeMy WebLinkAboutCity Council Meeting Packet 03-28-16CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 28, 2016 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Maureen Harper, Public Information Officer. at 303-235-2877 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 March 14,2016 and Study Notes of March 7, 2016 PROCLAMATIONS AND CEREMONIES Child Abuse Prevention Month 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) Resolution No. 18-2016 -amending the Fiscal Year 2015 Crime Prevention/Code Enforcement Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $460 for the purpose of funding Operating Supplies for Crime Prevention Programing b) Resolution No. 19-2016-amending the Fiscal Year 2015 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $846,765 for the lease purchase of Solar Panels c) Resolution No. 20-2016-amending the Fiscal Year 2016 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation for the purpose of purchasing a replacement Police Special Service Vehicle in the amount of $45,567 CITY COUNCIL AGENDA: March 28, 2016 Page -2- CONSENT AGENDA CON’T d) Resolution No. 22-2016 – amending the Fiscal Year 2015 Capital Investment Program (CIP) Budget to reflect the approval of a decreased Appropriation in the amount of $734,822 e) Resolution No. 21-2016 – amending the Fiscal year 2015 Budget to reflect the approval of increased available beginning fund balances in certain funds f) Motion to approve payment to Creative Bus Sales of Colorado Springs, Co., for the purchase of a new 2016 Startrans Senator II 22 15-Passenger Minibus in a total amount not to exceed $52,730 g) Motion to approve the Purchase of a 2017 Combination Jetter/Vacuum Storm Sewer Cleaning Truck from Faris Machinery of Commerce City, CO, in a total amount not to exceed $255,840 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 04-2016 – Vacating the Western 19 feet of Marshall Street, adjacent to 4901 Marshall Street within the City of Wheat Ridge, County of Jefferson, State of Colorado (Case No. WV-16-01/ Marshall Street Vacation) ORDINANCES ON FIRST READING 3. Council Bill 05-2016 – Imposing a Temporary Moratorium on the submission, acceptance, processing, and approval of applications and requests for a Permit, License, Land Use Approval or other approval for a Freestanding Emergency Room Facility DECISIONS, RESOLUTIONS AND MOTIONS 4. Resolution No. 23-2016 – approving an Intergovernmental Agreement establishing the Jefferson County Communications Center Authority (JEFFCOM) between the Arvada, Golden, Lakewood, and Wheat Ridge Police Departments, the Jefferson County Sheriff’s Office, and the Arvada, Evergreen and West Metro Fire Protection Districts 5. Motion to award a contract for Environmental & Engineering Consulting Services for Phase I of the Wadsworth Boulevard Improvement Project to HDR Engineering, Inc., Denver CO in the amount of $1,200,164 with a Contingency Amount of $120,000 for a Total Project Cost of $1,320,164 6. Motion to provide the Wheat Ridge Fire Protection District and Rural/Metro-Pridemark with a 120-day notice of termination and dissolution of the Intergovernmental Agreement for Ambulance Services within the City of Wheat Ridge; notice to begin on April 1, 2016, with services to be terminated on July 29, 2016 CITY COUNCIL AGENDA: March 28, 2016 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT Page -3- @lnW~~ CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 14, 2016 Mayor Jay called the Regular City Council Meeting to order at 7:00p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Monica Duran Zachary Urban Tim Fitzgerald George Pond Kristi Davis Genevieve Wooden Janeece Hoppe Larry Mathews Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Community Development Director, Ken Johnstone; other staff and interested citizens. APPROVAL OF MEETING MINUTES OF February 8, 2016 and February 22, 2016 There being no objection, the Meeting Minutes for February 8, 2016 and February 22, 2016 were approved as published. PROCLAMATIONS AND CEREMONIES none CITIZENS' RIGHT TO SPEAK Adam Wylie (WR) asked for support for the speed humps on Johnson Street. Colin Anonsen (representative for Congressman Perlmutter) announced there will be a telephone town hall with the Congressman on March 24 from 7 -8pm. Those interested in participating can sign up at the website www.perlmutter.house.gov or call the office at 303-274-7944. -He also announced the Congressional Art Competition is underway. It is open to all high school students in the ?'h Congressional District. The winning piece will hang in the tunnel between the Capitol and the House office building for one year. Bob Brazell (WR) expressed concerns about how the City is being managed. He learned in civics class that elected representatives should represent all the people-not just their own views. The majority of the citizens should carry the weight of how things are done. To determine what the majority wants we have elections and ballot issues. Some councilmembers and the mayor ignored the citizens and voted for the TIF, forcing citizens to put "300" on the ballot. Now we're being sued. Then you don't defend "300" in court. After 2 years of road diet on 381h Avenue there was a vote and the public said they City Council Minutes March 14, 2016 Page 2 didn't like the 3-lane road. You've ignored the voters and hired a consultant for $100,000 to have a kindergarten class on cut and paste on designing a road we already voted to put back the way it was. The ultimate voice is when the public votes, but some of you just seem to want to ignore us. Your record on things you wanted is 0-2; you should pay attention to the voters. Benny Gonzales (WR) spoke about a house being built next to him. It was to be two stories with a rooftop deck, but it's three stories and has taken away his view of the mountains. He said he moved here for that view and the quaint little houses; now big houses are going up all over town. He doesn't want WR to end up like north Denver. He believes citizens should have a say about what gets built, that these big structures don't fit the community and that new buildings should match what's here. Investors are buying these properties and making tons of money at the neighborhood's expense. He believes it's degrading the quality of life. He suggested buildings like this might be voted on by the surrounding neighborhood. Councilmember Mathews responded to Mr. Brazell's comments. At the last meeting he and other councilmembers were accused of being divisive for trying to get Council to follow the will of the people. He's also heard several politicians in this chamber say that once representatives are elected they should have free reign because common folks aren't competent or capable of understanding the complicated business of running a city. He disagrees and thinks people do understand what they want. 38th Avenue and "300" are examples. • The fact is that Question 300 is a valid part of our charter until changed or judged otherwise, and should be defended because it is the will of the people. • The excuse that defending all of "300" would be more expensive is not true. The City Attorney has assured Council the cost to defend Question 300 in its entirety would not be significantly different than to remain neutral. • One man told him that since 40% of the people didn't vote for "300", only 40% of the Council has to defend the charter. That's not the way our system works. • The charter says Council should strive to follow the will of the people. Sometimes it's hard to tell what the will of the people is, but when these elections happened that becomes the will of all the people and the Council should not ignore it. • "In free governments the rulers are the servants and the people are their superiors and sovereigns." -Ben Franklin Councilmember Davis asked about the house to which Mr. Gonzales referred. Mr. Johnstone said the house in question had a valid building permit which verified compliance with height and setback requirements. He acknowledged the house is very close to the limits on both, but staff has verified through the permit and subsequent surveys that it does comply. APPROVAL OF AGENDA City Council Minutes March 14, 2016 Page 3 ORDINANCES ON SECOND READING .1. Council Bill 03-2016-An Ordinance Approving the rezoning of Property located at 3865 Kipling Street from Residential-One (R-1) to Mixed Use- Commercial (MU-C) (Case No. WZ-15-12/Equinox) Councilmember Pond introduced Council Bill 03-2016. Clerk Shaver assigned Ordinance 1593. Mayor Jay opened the Public Hearing Meredith Reckert, senior planner, gave the staff presentation. She entered into the record the comprehensive plan, the zoning ordinance, the case file and packet material, and the contents of the digital presentation. She testified that all notification and posting requirements have been met. • The property, owned by Equinox Properties, LLC, is located on the NW corner of 38th & Kipling. The proposed rezoning includes two parcels totaling 2.28 acres. • The irregularly shape lot has frontages on both Kipling and West 38th Avenue. The gas station on the corner has a different owner and is not part of this application. • The purpose of the rezoning is to modify the list of allowed uses. The current R-1 zoning only allows single family residential and public uses (parks, schools, etc.) The MU-C zoning would add a wide range of commercial, office, retail and auto- related uses to the list. • Height limitations for future buildings: Residential-35 feet; commercial-50 feet. • The applicant has no specific plans for development at this time. • If approved, any future development of the site would be reviewed and approved administratively. • Only one person came to the neighborhood meeting and was generally supportive. • All outside agencies can serve the property and have expressed no concerns. • The proposed zoning complies with the Comprehensive Plan. • The Planning Commission unanimously recommended approval of the rezoning. • Staff recommends approval of the rezoning. Council questions Councilmember Mathews asked why the request isn't for straight C-1 zoning. Ms. Reckert reported our code doesn't allow that; it would have to be a Planned Commercial Development. Since the owner doesn't know how the land will be used, MU-C makes more sense as far as predictability. MU-C allows a wider range of uses and high density residential. Mr. Mathews expressed concern about a residential use adding more cars to an already terribly congested area-especially on Kipling, and the limited access. Councilmember Wooden received verification that this does not fall in the flood plain. In response to a question from Councilmember Mathews earlier in the day, Mr. Johnstone shared with the rest of the Council data about the amount of vacant land left in the city for certain categories. According to the Assessor's office, of completely vacant City Council Minutes March 14, 2016 Page4 land we have 28 acres zoned R-1 , 7 acres zoned R-2, and 39 acres zoned A-1 or A-2. Because the two buildings on this property are abandoned it is classified as vacant. Public comment. Guy Stanfield (WR) received assurance this is across from a school and some uses won't be allowed. In response to a question from Councilmember Duran Ms. Reckert noted that any site plan will show the use, require a traffic study, indicate needed improvements for Kipling, and show access points. Councilmember Pond asked for a quick review of the zoning criteria that is in our code of laws. Mr. Johnstone went through the criteria in the Planning Commission attachment in Council's packet material. Mayor Jay closed the Public Hearing. Motion by Councilmember Pond to approve Council Bill 03-2016, an ordinance Approving the rezoning of Property located at 3865 Kipling Street from Residential-One (R-1) to Mixed Use-Commercial (MU-C) (Case No. WZ-15-12/Equinox) on second reading and that it take effect 15 days after final publication for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendations of approval. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws. Seconded by Councilmember Fitzgerald; carried 8-0 DECISIONS, RESOLUTIONS AND MOTIONS [Technical note: To allow time for staff set-up for agenda Item #2, Council considered agenda Item #3 first, followed by Item #2.] & Motion to approve Johnson Street traffic calming request The residents on Johnson Street from 35th to 381h Avenue have petitioned to have speed humps installed on their street. Councilmember Fitzgerald introduced Item No.2. City Council Minutes March 14, 2016 Page 5 Steve Nguyen, engineering manager for the Public Works Department, gave the staff presentation. He explained how the Neighborhood Traffic Management Program (NTMP) process was followed . 1) A neighborhood meeting was held to hear about the problems and inform citizens of the options. 2) A traffic study was done. • Northbound traffic does tend to speed down the hill. • The street is unfortunately a natural by-pass during rush hour. 3) Staff surveyed the street to make sure permanent traffic calming devices would have no adverse effect on drainage. 4) Johnson street is not an emergency response route. 5) A petition was submitted from the residents with 80% supporting speed humps. Staff concludes this street does meet the NTMP criteria. If approved, this can be installed this summer. Councilmember Davis expressed that from her experience with traffic calming on Balsam she's not sure speed humps slow down the traffic. Mr. Nguyen agreed that traffic calming devices can't stop everyone; there will always be some who don't follow the law. Councilmember Mathews asked about cost. Speed humps cost between $3-6,000 each. Councilmember Wooden suggested adding signs that children are playing in the area. Mr. Nguyen said signs warning about the speed humps are planned. Public Comment Margaret Nelson (WR) will be getting a speed hump in front of her house -which she supports, but she noted that drainage is an issue. She asked if the drainage could be channeled a little to the park side of the street. Mr. Nguyen said the street has a crown; west side drainage is handled by the curb and gutter; east side drainage is handled by a natural drainage swale. Motion by Councilmember Fitzgerald to approve installation of a traffic calming device on Johnson Street between 351h Avenue and 38th Avenue in accordance with the Neighborhood Traffic Management Program; seconded by Councilmember Davis; carried 8-0. 3. Motion to appoint Board and Commission Members to Districts II and IV. Mayor Jay introduced Item No.3. Motion by Councilmember Urban to appoint Anthony Davia to the District II seat on the Liquor Licensing Authority, term to expire March 2, 2019; seconded by Councilmember Davis; carried 8-0. City Council Minutes March 14, 2016 Page 6 Motion by Councilmember Mathews to appoint Suzanne Teale to the District IV seat on the Cultural Commission, term to expire March 2, 2017; seconded by Councilmember Wooden; carried 8-0. Motion by Councilmember Davis to appoint Rocco Germano to the At-Large seat on the Board of Adjustment, term to expire March 2, 2019; seconded by Councilmember Urban carried 8-0. CITY MANAGER'S MATTERS Patrick Goff reported on last Thursday's ribbon-cutting for Morning Star, the new assisted living and memory care facility. On opening day there was only one room left available; the demand for this service is great. It is a very nice facility. -The third Cre8 Your 38 meeting was also last Thursday. An update on the process in planned for April 4, followed by an open house on April 27 for final review and additional comments by the public. May 16 will be the final discussion before Council when staff will ask for direction. CITY A TTORNEY•s MATTERS none ELECTED OFFICIALS' MATTERS Clerk Janelle Shaver reminded Council and the public that folks who are employees of the City cannot serve on boards and commissions. Zach Urban asked Mr. Goff to explain about the transportation grants available through the state. Mr. Goff said public works is looking at grants available from COOT and DOT; there are three we might get and applications are due in April. There are also very low- interest federal transportation loans available that are cheaper than issuing bonds. George Pond noted attending the Morningstar ribbon-cutting was a fantastic event. Kristi Davis noted that today the community of Bailey buried one of its law enforcement officers and took the opportunity to thank our own police officers. Genevieve Wooden reported meeting with residents near the 1-70 Frontage Roads near Garrison about three longstanding concerns. One issue is severe weeds and trash in the steep grassy slope. It's COOT's responsibility, but they say they have no money. The estimated cost for the City to maintain this area is $383 per cycle for 9 months, totaling $3447 per year. Mr. Goff added he's planning to absorb the cost in this year's budget and will plan for it in the future; if we don't, it won't get done. -Ms. Wooden also said the frontage road fences from Harlan outward are in quite bad shape. The City's been taking care of the graffiti, but COOT will be asked to address the fences. -There is also concern about the dangerous intersection on the south side of the frontage road at Garrison. It's a COOT road and we'll be asking them to return it to a four-way stop like the intersection on the south side. -Some cost-sharing by COOT is a possibility, but not guaranteed. City Council Minutes March 14, 2016 Page 7 Mayor Joyce Jay thanked Mr. Mathews for reminding them that they're here to serve the citizens. That should be kept high. She is glad Council voted to defend Question 300 because it was the citizens' choice and is part of our Charter. She will keep that in mind. ADJOURNMENT The meeting was adjourned at 8:06pm. APPROVED BY CITY COUNCIL ON March 28, 2016 George Pond , 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 available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue March 7, 2016 Mayor Joyce Jay called the Study Session to order at 6:30p.m. Council members present: Monica Duran, Janeece Hoppe, Kristi Davis, Zachary Urban, George Pond, Tim Fitzgerald, and Larry Mathews Absent: Genevieve Wooden Also present: City Clerk, Janelle Shaver; Parks & Recreation Director, Joyce Manwaring; Community Development Director, Ken Johnstone; and interested citizens. PUBLIC COMMENT ON AGENDA ITEMS APPROVAL OF AGENDA .1. Staff Report( s) a) Parks and Recreation Department Accreditation -Joyce Manwaring Ms. Manwaring began with an 8-minute promotional video from CAPRA about the accreditation process. The Parks and Recreation Department has applied to become a nationally accredited agency through the Commission for Accreditation of Park and Recreation Agencies (CAPRA), sponsored by the National Recreation and Park Association (NRPA). • The process began about 12-1 4 months ago and involves documenting compliance with 151 best practice standards in 10 categories. • The City's electronic report is due April 11 and the accreditation review team will be visiting June 20-22. Council will have an opportunity to visit with them. • Approval is awarded in October at NPRA's annual conference. • Less than 10 parks departments in Colorado are accredited right now. Council questions followed: • Costs? The cost is $1 ,200 annually. There is a cost for the accreditation team to come out the first time; renewal is done every 5 years. • Benefits? There are no real financial benefit. We already meet safety standards for insurance purposes-which saves money. • We have several long term employees, so this will be a wonderful document to have as they retire . Everything is written down. STUDY SESSION NOTES: March 7, 2016 Page -2- • What is the eventual goal for our parks? Ms. Manwaring reported that standards are different now. The industry no longer has "acreage per capita" standards because regions and needs vary. Another example: We have playgrounds in every park, but that is not the industry standard now. Our most recent Parks Masterplan was done in 2015. The last three masterplans have indicated we have adequate park acreage to serve our citizens; now our focus is on renovation and updating. • This year's annual meeting is in St. Louis, Missouri. b) Large Event Permit Policy -Joyce Manwaring The Parks Department has already created a large event packet which outlines needs and requirements for events, and provides information for event planners. That is under control and well received. Large events impact city resources at varying degrees and levels. Due to the increasing number of requests to use city facilities for large events, staff has set limits on the number of events accommodated annually. 2016 events are at capacity. Criteria for large event permits: • Who is requesting? (community/local/private; volunteers/schools, private for profit) • Direct benefit to WR community • Displacement of daily park users and activity • Disruption to park programs (e.g. baseball and soccer games) • Impacts to city resources (staffing for Police/ Public Works/Parks/coordination/in- kind services) • Historic Usage • Month the eyent is held Approved events for 2016: 1) Stober Elem Fun Run-Prospect Park-May 2) Prospect Valley Elem 5K -Prospect Park -October 3) Kite Flite festival-Anderson Park-April 4) 441h Ave Rumble and Car Show-Anderson Park-May 5) Leaves of Hope-Lutheran-June 6) Ridge at 38 Criterium -Ridge at 38 -June 7) Carnation Festival -Anderson park -August 8) Farmer 5000-WRHS -September 9) RidgeFest -Ridge at 38 -October 10)Trunk or Treat-Ridge at 38-October 11)Holiday Lighting -Ridge at 38-December • Miscellaneous smaller events can be approved. • The only fees: $50 to process permit (often waived); pavilion rental fee if in a park • The $50 fee is waived for all Localworks events, the Carnation Festival, the Kite Festival and the 441h Avenue Rumble STUDY SESSION NOTES: March 7, 2016 Page -3- Discussion followed. • What is considered a "large" event? When a park or street has to be closed. • The only events that close the streets are supported by Council (the Carnation Festival, the Kite Festival and the 44th Avenue Rumble) so they are not charged for street closure. • Ms. Manwaring gave an example of the Blues and Brews music festival that would like to move from Grandview in Arvada to Anderson Park. It was determined the time wasn't good (mid-July) and it would necessitate closing the park/pavilion and the pool (loss of use by residents and loss of revenue). We also don't have the staff to support it; Chief Brennan reports it's too much demand on our police department. Events like the kite festival and the Carnation Festival are different in that City Council approves the donation of in-kind services and cash donations. There was conversation about outside events coming in and whether we can support more events. Discussion points included : • Having tiered levels and fee schedules • Indirect benefits besides financial (publicity for the City); keep dialogue open • CosUbenefit ratio vs intrinsic value • The City of Golden's moratorium on large events • Local events should have first priority. • Ms. Manwaing will contact other communities to see what their fee schedules are. • If Blues and Brews would move to September should we consider them? • The costs for City staff should be a consideration. • Stay focused on non-profit events and fund raisers. Prefer no big for-profit events. • Surge pricing June through September (higher fees) • Don't want to have a policy that micromanages the Parks Department or takes away their flexibility. • The policy we come up with has to cooperate with what Localworks' intentions are. • Ridge at 38 events biggest issues are capacity and police needs. • Demands on the police department continue to grow; it's an issue. • The police department might have to make a policy about hiring off-duty police from other jurisdictions, if we don't have enough officers available. It's becoming an issue. • Ms. Manwaring emphasized again that capacity and staffing are the main issues - regardless if it's Localworks or other. • Can we get a ballpark idea of the positive financial impact for the City? There was consensus from Council to have staff bring back for discussion a policy with tiers and associated costs for the city staff. 2. Discussion concerning Freestanding Emergency Rooms -Ken Johnstone STUDY SESSION NOTES: March 7, 2016 Page -4- Freestanding emergency rooms (ER's) and urgent care clinics are a new land use trend. They've risen in popularity; there aren't many state regulations; they don't take Medicare/Medicaid patients; there's been considerable media attention. Last year the City received an application to rezone the SE comer of 381h & Wadsworth from MU-N to MU-C to allow for a freestanding emergency room. The Planning Commission voted 4-1 to recommend denial and the application was subsequently withdrawn. 'Freestanding emergency room' is not a specified use in the City's zoning charts, but given the hours of operation and heavy ambulance traffic staff sees it as more similar to the activity associated with a hospital rather than a medical office. Hospitals are allowed in the MU-C zone (with administrative conditional use permit), but not allowed in MU-N It's appropriate for the Council to consider whether there are operational or other aspects of this business type that require unique regulations. Options to consider include: • Require a special licensing process through Chapter 5 of the Code • Special use permit (SUP) or conditional use permit (CUP) through Chapter 26 (Zoning Code); could be administrative only or require Council approval • Limit what zone districts they are allowed in • Set a limit on the total number in the City • Create separation requirements Staff will continue to research this use. Discussion followed. • The state has yet to enacted any licensing requirements; would like to see what other states are doing regarding licensing. • Concerns about Medicare/Medicaid not being included . They will be concierge medical facilities and Lutheran will become the repository for low/no payers. • Is there a need? Lutheran's ER is very busy, but not at capacity. • Concerns about higher costs compared to urgent care (4-5 times higher). They aren't a trauma care level so they will send people to the hospital anyway. Hospitals charge a facility fee; they will too. Too many unanswered questions. • Use our sign code: Require them to indicate they are a clinic or urgent care -not an emergency room. They bill at hospital rates, but insurance may not cover it. Some only take certain insurance groups. They should be severely regulated as they border on being a scam. • There are land use issues and consumer issues. This product is not developed enough. We aren't consumer advocates; should be cautious about that. • Not comfortable with this as a land use until the industry/market settles its consumer issues. • Councilmember Davis, who works in the hospital industry, provided her insight: o There are certain state requirements for these freestanding ER's. STUDY SESSION NOTES: March 7, 2016 Page -5- o They can't tum people away. o She suspects this business model is not as successful as they initially thought it would be. o She doesn't think we need to be on the front edge of this. Councilmember Urban received consensus for a one-year moratorium on freestanding emergency rooms. ~ Elected Officials' Report{s) Kristi Davis commented if any councilmember still wants to do an article for this month's Gazette, the deadline is Wednesday. She provided the following update from Urban Renewal: • Quadrant lawsuit: The URA attorney has moved forward to support Quadrant on Part 1 of their lawsuit. • Quadrant contract: The contract language requires Quadrant to start construction at 381h & Wadsworth by March, 2016. The contract also provides that the Executive Director of the URA can grant an extension. City Manager Patrick Goff, as Executive Director of the URA, has signed a two-year extension for them. This was done administratively based on the action URA took on the lawsuit. • Spending TIF monies: The URA talked about having some guiding principles on how to spend TIF money. URA now has $120,000 from the WR Cyclery TIF and will continue getting $50,000 a year. The funds must be used for public improvements in the TIF area -in this case, the 38th Ave corridor. Under consideration are business grants, infrastructure (sidewalks, not drainage), art, bike racks, and benches. They will inform Council of their final plan. • URA will be seeing money from Perrin's Row. The arrangement with them is different. The City gets 50%; they get 50%. Tim Fitzgerald • He hadn't attended the Housing Authority meeting. Mr. Johnstone reported the HA made an amendment to the purchasing sale agreement for Fruitdale School. The changes are technical (some date changes, removal of reference to the meat company, etc.) • He noted the last Cre8 Your 38 meeting is this Thursday. • The WR Business District has awarded two small grants. One is a matching grant for Riccoli's to get a new sign. The WRBD is also working on a new grant category called Visual Impact. This Visual Impact grant will be open-ended to allow for creativity and give the Board some flexibility. STUDY SESSION NOTES: March 7, 2016 Page -6- Zach Urban reported the CML Policy Committee met February 12 to go through 27 bills to see if CML will support, oppose or remain neutral on them. They discussed the CML General Policy Statement looking at specific priorities in nine different areas: 1 Urban renewal and downtown development, 2 Land use authority, 3 Fiscal fair play, 4 Affordable housing, 5 Local tax authority, 6 Sustainability, 7 Transportation and infrastructure, 8 Public safety, and 9 Energy impacts on the economy. The bills are all in different stages of the legislative process at this point. He will report as things progress. Larry Mathews reported on the District 4 meeting. There was discussion on programs in the City. Localworks had a presentation and some people talked about parks. He senses the City still has an unfavorable business profile for people who want to do improvements or come into the City-specifically, we may have some regulations that are too stringent for non-structural work. Mayor Jay reported hearing a fascinating speech at the Metro Mayors Caucus about the future of the Colorado Water Plan. She reported that further conservation efforts will be asked of citizens to provide for all the people that are moving here and for agriculture. - She will be asking for reports from various groups that the City gives money to. ADJOURNMENT The Study Session adjourned at 8:09 p.m. a elle Shaver, Ctty Clerk APPROVED BY CITY COUNCIL ON March 28, 2016 George Pond, Mayor Pro Tern "~ ' ' , "' City of JP'"WheatR!_dge TITLE: ITEM NO: __ / 0--_. DATE: March 28,2016 REQUEST FOR CITY COUNCIL ACTION RESOLUTION NO. 18-2016 -A RESOLUTION AMENDING THE FISCAL YEAR 2015 CRIME PREVENTION/CODE ENFORCEMENT FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $460 FOR THE PURPOSE OF FUNDING OPERATING SUPPLIES FOR CRIME PREVENTION PROGRAMMING 0 PUBLIC HEARING 0 BIDS/MOTIONS 0 ORDINANCES FOR l sT READING 0 ORDINANCES FOR 2ND READING C8J RESOLUTIONS QUASI-JUDICIAL: 0 YES ISSUE: Final 2015 expenses in the Crime Prevention/Code Enforcement Fund budget were $459.21 nigher than budgeted. Therefore, a supplemental budget appropriation in the amount of $460 is required before the 2015 financial audit is completed. Adequate funding exists in this Fund's reserves to cover the supplemental budget appropriation. This Fund is a special revenue fund established to administer and fund crime prevention programs, community awareness events, and education classes taught by the Police Department and the Community Services Team. PRIOR ACTION: None FINANCIAL IMPACT: This supplemental budget appropriation will increase the Crime Prevention/Code Enforcement Fund budget b y $460 and revenues will be adjusted accordingly. This Fund is a special revenue fund and does not impact the General Fund budget. Crime Prevention/Code Enforcement Fund 63 Supplemental Budget Appropriation March 28, 2016 Page2 BACKGROUND: The Police Department Crime Prevention/Code Enforcement Fund was established to administer and fund crime prevention programs, commw1ity awareness events, and education classes taught by the Police Department and the Community Services Team. This Fund includes the salaries for 4.5 FTEs (.5 -Sergeant, I -Crime Prevention Officer, I -Lead Community Services Officer and 2-Community Services Officers). RECOMMENDATIONS: Staff recommends approval of the resolution in order to provide for a suppl emental budget appropriation in the amount of $460 for the purpose of funding operating supplies for crime prevention programming. RECOMMENDED MOTION: "] move to approve Resolution No. 18-2016, a resolution amending the fiscal year 2015 Crime Prevention/Code Enforcement Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $460 for the purpose of funding operating supplies for crime prevention programming.'' Or, "1 move to postpone indefulitely Resolution No. 18-2016, a resolution amending the fiscal year 2015 Crime Prevention/Code Enforcement Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $460 for the purpose of funding operating supplies for crime prevention programming for the following reason(s) " REPORT PREPARED/REVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: I. Resolution No. 18-2016 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 18 Series of 2016 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2015 CRIME PREVENTION/CODE ENFORCEMENT FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $460 FOR THE PURPOSE OF FUNDING OPERATING SUPPLIES FOR CRIME PREVENTION PROGRAMMING WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and WHEREAS, the actual amount spent on operating supplies for crime prevention programming in 2015 was higher than budgeted; and WHEREAS, the requested funding is available in the Crime Prevention/Code Enforcement Fund reserves. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A transfer of $460 in hereby approved from Crime Prevention/Code Enforcement Fund 63 undesignated reserves to account 63-201- 650-660 and 2015 Crime Prevention/Code Enforcement Fund revenues are amended accordingly. DONE AND RESOLVED this 28th day of March 2016. Joyce Jay, Mayor AlTEST: Janelle Shaver, City Clerk Attachment 1 \ 4 ~ ... ~ _ " City of • ?Wlie atR.i_dge ITEM NO: /{; · DATE: March 28, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 19-2016 - A RESOLUTION AMENDING THE FISCAL YEAR 2015 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $846,765 FOR THE LEASE PURCHASE OF SOLAR PANELS 0 PUBLIC HEARING 0 BIDS/MOTIONS I:8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: 0 ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2~0 READING 0 YES City Council approved a lease purchase agreement on April 13, 2015 with Alpine Bank to finance the purchase of solar array panels. The total expenses incurred in 2015 were $846,765 which were not included in the 2015 budget. Additionally, a total of$850,508 was received in revenue from loan proceeds and solar reward credits. Therefore, a supplemental budget appropriation is required to recognize the expenditures and revenue. PRIOR ACTION: City Council approved the lease purchase agreement with Alpine Bank at the April 13, 2015 City Council meeting. FINANCIAL fMPACT: Thjs supplemental budget appropriation will amend the budget to refl ect expenditures associated with the lease purchase financing agreement approved in April 2015. The solar reward credjt revenue received in 2015 covers the Joan expenses and increases revenues in the General Fund by $3,743. General Fund Solar Panel Supplemental Budget Appropriation March 28, 2016 Page 2 BACKGROUND: On April 13, 2015, City Council approved a lease purchase financing agreement for solar panels with Alpine Bank for a total amount of $800 000 to finance the purchase of 40% of the power from the Jefferson County 2 solar array for a total of228.42 kilowatts. The purd1ase price for the solar array panels was $776,628 and the remaining $23,372 was for financing origination fees. Ammal payments of$80,167.08, including principal and interest accruing at 5.75% are due on June I , 2015 to May I , 2030. Through this participation, the City receives energy credits to be used against energy consumption at various facilities. Following the purchase of the solar panels, staff set up four accounts in the Central Charges 61 0 budget to track expenses which include: • Debt service principal in the amount of$19,727-# 01-610-900-901 • Debt service interest in the amount of $27,038 -#0 1-610-900-902 • Finance o.rigination fees in the amount of $23,372 -#0 l-61 0-900-903 • Solar panel lease purchase in the amount of$776,628-#01-61 0-900-904 Two revenue accounts were set up to track the following revenue: • Solar reward credits in the amount of$50,508-#01-580-00-585 • Loan proceeds in the amount of$800,000-#01-580-00-586 RECOMMENDATIONS: Staff recommends approval of the resolution in order to provide for a supplemental budget appropriation in the amount of$846,765 fo r the purpose of amending the Fiscal Year 2015 budget to reflect the implementation of the lease purchase agreement for solar panels. RECOMMENDED MOTION: "1 move to approve Resolution No. 19-2016, a resolution amending the fiscal yeaT 2015 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $846,765 for the lease purchase of solar panels." Or, "I move to table indefinitely Resolution No. 19-20 L6, a resolution amending the fiscal year 2015 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of$846,765 for the lease purchase of solar panels the following reason(s) , General Fund Solar Panel SupplementaJ Budget Appropriation March 28 , 2016 Page3 REPORT PREPARED/REVIEWED BY : Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: I. ResolutionNo.l9-2016 2. Counci l Bill No. 08-2015, dated April 13,2105 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 19 Series of 2016 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2015 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $846,765 FOR THE LEASE PURCHASE OF SOLAR PANELS WHEREAS, on April 13, 2015, the City Council approved a partnership with Clean Energy Collective for the lease purchase of solar panels through Xcel Energy's Solar Rewards Community program in Jefferson County; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and WHEREAS, the City received loan proceeds in the amount of $800,000; and WHEREAS, the City received Solar reward credit payments totaling $50,507.75; and WHEREAS, the requested funding is available in the fund balance. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1 . A transfer of $19.727 for debt service principal is hereby approved from the General Fund budget undesignated reserves to account 01-610-900-901 . Section 2. A transfer of $27,038 for debt service interest is hereby approved from the General Fund budget undesignated reserves to account 01-610-900-902. Section 3. A transfer of $23,372 for finance origination fees is hereby approved from the General Fund budget undesignated reserves to account 01- 610-900-903. Section 4. A transfer of $776,628 for lease payment is hereby approved from the General Fund budget undesignated reserves to account 01 -610-900-904. Section 5. Revenue in the amount of $50,508 for solar rewards credits is hereby approved and revenue account #01-580-00-585 is amended accordingly. Section 6. Revenue in the amount of $800,000 for loan proceeds is hereby approved and revenue account # 01-580-00-586 is amended accordingly. DONE AND RESOLVED this 28th day of March 2016 Joyce Jay, Mayor ATIEST: Janelle Shaver, City Clerk Attachment 1 ... ' _ " City of • JP'WheatRi_dge ITEM NO: __ DATE: April 13,2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 08-2015 AN ORDINANCE AUTHORIZING AND APPROVING A LEASE PURCHASE FINANCING AGREEMENT FOR SOLAR PANELS WITH ALPINE BANK AND, IN CONNECTION THEREWITH, CERTAIN RELATED DOCUMENTS AND TRANSACTIONS [8) PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: City Manager ISSUE: 0 ORDINANCES FOR l ST READING (03/23/2015) [8) ORDINANCES FOR 2ND READING (04/13/2015) D YES [8) NO This ordinance approves a lease purchase financing agreement with Alpine Bank in the total amount of$800,000 to fi nance the purchase of 40% of the power from the Jefferson County 2 solar array for a total of228.42 kilowatts. The purchase price for the solar array panels is $776,628 and the remaining $23,372 is for financing origination fees. PRJOR ACTION: Consensus was reached by City Council at the November 3, 201 4 study session to finalize contract negotiations with Clean Energy Collective for the purchase of solar panels through the Xcel Energy's Solar Rewards Community program in Jefferson County. A ten percent deposit in the amount of$77,662.80 was approved by City Council on December 8, 2014 to reserve the City's solar panels while contract negotiations and financing were being finalized. Attachment 2 Council Action Form -Lease Purchase Financing Agreement for Solar Panels April 13 2015 Page2 FINANCIAL IMPACT: The $776,628 purchase price and $23,372 origination fee will be financed over fifteen years. The City will receive credits on Xcel's electric bills. The credits will be used to pay off the capital investment in the solar panels. Once the initial capital investment has been met, the bill credits wiU become net income to the City and may be used to offset a portion of electricity costs. BACKGROUND: The City received two proposals to participate in a solar garden agreement through Xcel Energy's Solar Rewards Community program. One proposal was submitted by Clean Energy Collective, LLC (CEC) and a second proposal was submitted by SunShare, LLC. The intent of each proposal was to help the City generate electricity cost savings through the production of renewable energy, while promoting environmental stewardship to the community. Although participation in a solar garden can provide value to a community, it can also bring inherent risks. Therefore, the City contracted with Lotus Engineering & Sustainability to perfonn a due diligence review on the proposed solar garden models and to identify potentjaJ risks and opportunities to the City. The CEC proposal was found to be the most financially beneficial model that also met tbe City's sustainability goals. A Community Solar [nterest Purchase and Energy Agency Agreement with CEC was approved by City Council on March 23 ,2015. The Agreement will be for 20 years and will be renewable at a minimal cost after that time. Alpine Bank will fund the cost of the solar array purchase at 5.750%, interest, to be paid back over fifteen years. Solar power from the arrays will be automatically delivered to Xcel 's grid, increasing the utility's incorporation of renewable energy and decreasing its reliance on fossil fuels. Each month, the City's electric bill will be credited for the City's panels' production. Ln addition, the City will receive renewable energy certificate (REC) payments. Savings from the electric bill and REC payments will be used to pay off the capital investment in the solar panels. Once the initial capital investment has been met, the bill credits and REC payments will become net income to the City and may be used to offset a portion of electricity costs. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 08-2015, an ordinance authorizing and approving a lease purchase financing agreement for solar panels with Alpine Bank and, in connection therewith, certain related documents and transactions on second reading, and that it take effect immediately upon adoption." Or, "I move to postpone indefinitely Counc.il Bill No. 08-2015, an ordinance authorizing and approving a lease purchase financing agreement for solar panels with Alpine Bank and, in Council Action Fonn -Lease Purchase Financi ng Agreement for Solar Panels Aprill3,2015 Page 3 connection therewith, certain related documents and transactions for the fo llowing reason(s) REPORT PREPARED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 08-2015 a. Exhibit A -Municipal Lease and Option Agreement .. ~ • # .. • .. Cily of • JP'"W h e atRL._clge ITEM NO:~ DATE: March 28,2016 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 20-2016 -A RESOLUTION AMENDING THE FISCAL YEAR 2016 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SU PPLEMENTAL BUDGET APPROPRIATION FOR T HE PURPOSE OF P URCHASING A REPLACEMENT POLICE SPECI AL SERVICE VEHICLE IN THE AMOUNT OF $45,567 0 PUB LIC HEARING 0 BIDS/MOT IONS [gl RESOLUTIONS QUASI-JUDICIAL: ISSUE: 0 ORDINANCES FOR 1sT READING 0 ORDfNANCES FOR 2ND READING 0 YES [gl NO g~ Uni t 50, a 2008 police patrol Ford Crown Victoria po li ce patrol sedan was involved in an accident on February 3, 2016 and is beyond repair. This vehicle was used in th e crime prevention division, where there is a need fo r a vehjcJe with space to transport equipment. Therefore, it is being replaced with a special service vehicle (SSV) Ford F-1 50 4x4 crew cab pickup, which is available through the state of Colorado Price Agreement. The state bid price with options is $30,567. Cost for the additional equipment required for a patrol vehicle is estimated at $15,000 bringing the total cost to $45,567. Funding for the purchase of this vehicle requires an additi onal appropriation from general fund reserves. PRIOR ACTION: None FINANCIAL IMPACT : Funding for the purchase of the new police patrol unit 50 including lighting, markings, communkation and miscellaneous equipment, exceeds the current fleet replacement budget, Council Action -Replacement of Unit 50 March 28, 2016 Page 2 requiring an additional appropriation from the General Fund reserves in the amount of$45,567. The value of the totaled vehicle is Jess than the $10,000 insurance deductible. BACKGROUND: Police unit 50 incurred non-repairable damages in an accident in February of 2016, after the adoption ofthe 2016 Budget. This vehicle was used in the crime prevention division of the police department and was scheduled for replacement in 2018. Staff requests the purchase of a police patrol-optioned, new 2016 Ford SSV 4x4 pickup from Spradley Barr Ford of Greeley, Colorado, to replace the totaled vehicle. Replacement of the sedan with a pickup wilJ fu lfill the crime prevention team's current need for a vehicle than can be used to transport equipment. A budget appropriation of$45,567 is required for the unscheduled purchase of the police SSV pickup, lighting, markings and communication equipment. RECOMMENDATIONS: Staff recommends that Council approve the purchase ofthe 2016 replacement vehicle. RECOMMENDED MOTION: "I move to approve Resolution No. 20-2016, a resolution amending the fiscal year 2016 GeneraJ Fund Budget to reflect the approval of a supplemental budget appropriation for the purpose of purchasing a replacement police special service vehicle in the amount of$45,567." Or, "1 move to not approve Resolution No. 20-2016, a resolution amending the fiscal year 2016 General Fund Budget to reflect the approval of a supplemental budget appropriation for the purpose of purchasing a replacement police special service vehicle in the amount of $45,567 for the fo llowing reason(s) '' REPORT PREPARED/REVIEWED BY: Greg Knudson, Operations Manager Scott Brink, Public Works Director Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: l. Resolution No. 20-2016 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 20 Series of 2016 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2016 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE PURPOSE OF PURCHASING A REPLACEMENT POLICE SPECIAL SERVICE VEHICLE IN THE AMOUNT OF $45,567 WHEREAS , Police Patrol Unit 50 incurred non-repairable accident damage; and WHEREAS , the City Council wishes to replace Police Patrol Unit 50; and WHEREAS , the 2016 Public Works Operations Fleet Replacement budget does not include funding for replacement of Unit 50. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. Purchase of one police patrol optioned 2016 Ford Police Special Service 4x4, crew cab pickup from Spradley Barr Ford of Greeley, Colorado under Colorado Price Agreement #20160000000000000140 in the amount of $30,567 is approved. 2. Outfitting this vehicle for use is estimated to be $15,000 and is approved. 3. A transfer of $45,567 is hereby approved from the General Fund undesignated reserves to account 01-303-800-807. DONE AND RESOLVED this 28th day of March 2016. Joyce Jay, Mayor ATIEST: Janelle Shaver, City Clerk Attachment 1 "'~ .. _ " City of JP'WlieatRi_dge ITEM NO: _(d_. DATE: March 28,2016 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 22-2016 -A RESOLUTION AMENDING THE FISCAL YEAR 2015 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A DECREASED APPROPRIATION IN THE AMOUNT OF $734,822 D PUBLlC HEARING D BIDS/MOTIONS [8] RESOLUTIONS QUASI-J UDICIAL: lSSUE: D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2N° READING D YES [8] NO ~ The final budgeted expenditures in the 2015 Capital Investment Program (CJP) Fund exceed the final budgeted revenues by $734,822. State budget law requires tbat final budgeted expenditures do not exceed final budgeted revenue. The budgeted expenditures exceed budgeted revenues primarily due to higher than estimated 2015 carryovers and mid-year supplemental budget appropriations. Therefore, staff is requesting that Council amend the 20 15 CIP final budget to decrease appropriations by $734,822 from $9,184,322 to $8,449.500. This budget amendment will result in a balanced final 20 15 CIP budget. PRIOR ACTION: None FINANCIAL IMPACT: There is no financial impact to this request. This resolution simpl y decreases a budget appropriation but has no impact on actual revenues or expenditures. BACKGROUND: Swanborst & Company LLC, the City's independent auditor recommended that staff provide Cou ncil with Exhibit A and request approval of the decreased funding in the preventatives street maintenance line item so that expenditures do not exceed revenues. Figure I includes a breakdown Council Action Form -C IP Budget Amendment March 28, 20 16 Page 2 of the 2015 adjusted budget, 2015 actual budget and the 20 15 amended budget. The 2015 amended budget is the adjusted budget witl1 the decrease in appropriations in the amount of$734,822. Figure 1: Revenue Expenditures Ending Fund Balance 2015 Adjusted Budget* $8,449,500 $9.184,322 -$734,822 201 5 Actual Budget** $7,042,778 $6,260,802 $781,976 2015 Amended Budget*** $8,566,766 $8,449,500 $11 7,266 * The adjusted budget reflects the 2015 carryovers and mid-year supplemental budget appropriations approved by City Council. **The actual budget refl ects actual revenue received and money spent for the fiscal year. ***The amended budget reflects the decreased appropriation for the preventative street maintenance line item. RECOMMENDATIONS: Staff recommends approval. RECOMMENDED MOT ION: "I move to approve Resolution No. 22-2016-a resoluti on amending the Fiscal Year 2015 Capital Investment Program (CIP) Budget to reflect the approval of a decreased appropriation in the amount of$734,822." Or, "I move to postpone indefinitely Resolution No. 22-2016, a resolution amending Fiscal Year 20 15 Capital Investment Program (CIP) Budget to reflect the approval of a decreased appropriation for in the amount of$734,822 for the following reason(s) " REPORT PRE PARED AND REVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: I. Resolution No. 22-2016 2. Ex hibit A: 2015 CIP Year End Budget Amendment TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 22 Series of 2016 A RESOLUTION AMENDING THE FISCAL YEAR 2015 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A DECREASED APPROPRIATION IN THE AMOUNT OF $734,822 WHEREAS, City Council approved the 2015 CIP Budget authorizing expenditures in the total amount of $7 ,705,228; and WHEREAS, the 2015 adjusted budget includes expenditures in the total amount of $9, 184,322; and WHEREAS, budgeted expenditures cannot exceed budgeted revenues; and WHEREAS, approval of Resolution No.22-2016 amends the 20 15 CIP budget and decreases the funding appropriated for preventative street maintenance as shown in Exhibit A: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge Fiscal Year 2015 Budget be amended accordingly to recognize decreased funding in the preventative street maintenance line item account #30-303-800-884 to $2,827,877. DONE AND RESOLVED th is 281h day of March 2016. Joyce Jay, Mayor ATIEST: Janelle Shaver, City Clerk Attachment 1 Exhibit A: 2015 CIP Year End B Amendment 30-302-800-831 30-302-800-833 30-302-800-834 30-302-800-835 30-302-800-836 30·302-800-837 30-303-800-84 0 30-303-800-841 30-303-800-842 30-303-800-851 30-303-800-852 30-303-800-853 30-303-800-854 30-303-800-860 30-303-800-861 30-303-800-864 30-303-800-865 Lodger's Tax Grant -RTD Gold Line Station Grant-COOT -Wadsworth Grant-Wadsworth PEL Grant -Wadsworth Widening (FED) Grant -Wadsworth Widening (COOT & Other) COOT Grant-Bus Benches Grant -Kipling Trail In teres I Misc. Revenue DPW DRAINAGE Maple Grove Reservoir Misc. Drainage Improvements Projects Arvada Channel Improvements 29th Ave Drainage Improvements Sloans Lake MOP & FHAD Update Clear Creek Master Plan Update ADJUSTED $250,000 $680,228 $0 $181.000 $0 so so $2,199,000 $10,000 $0 ADJUSTED $252,821 S350.000 $8,200 so so ACTUAL $305,509 $226,928 $0 $353,496 $0 so $0 $1 ,206,293 $15,701 $0 $39.418 $350,000 $8,200 $0 $0 BUDGET AMENDMENT ~-.=-. " -~ - ----I Minor Street Improvements Projects 32nd & Youngfield improvements Kipling pedestrian il'flprovements Public Improvement Projects, Dev. Related Bike/Pedestrian Improvements BlkefPedestrian Master Plan Wadsworth PEL Gold Line station street proJecl ADA Transition Plan Street Lights. Installation of Approved Lights Wadsworth EA Destgn and Construction Preventative Matntenance Pro1ects so $22,590 $2.874,344 $0 $197,094 $0 $852.924 $780,064 $50,000 $10.000 so $3.562.699 $0 $66,507 $2,411 ,317 $0 $117,789 $0 $262,823 S17S.ns $4,007 $1,500 $0 $2,796,799 -/ ~ , . ~. ) \ . ------ - -=~=--.. 1 ' • --~ • ' : . ' ~ •' ~-. - Attachment 2 ,. ~ '~ ... .,. City of yprWheatR.i_dge ITEM NO:~ DATE: March 28,2016 REQUEST FOR CITY COUNC IL ACTlON TITLE: RESOLUTION NO. 21-201 6 - A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET TO REFLECT THE APPROVAL OF INCREASED AVAILABLE BEGINNING FUND BALANCES IN CERTAIN FUNDS D PUBLIC HEARING D BIDS/MOTIONS [gj RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READfNG QUASI-JUDICIAL: D YES lSSUE: When the 2015 budget was adopted on December 8, 2014, the beginning fund balances for each fund were onJy projections based on estimated 20 14-year end revenues and expenditures. In several funds, actual 2014 year-end revenues were higher and/or expenditures were lower than estimated; therefore, beginning fund balances in 2015 are higher than budgeted. Financial policies require that these additional revenues are approved by City Council through a resolution. As staff prepares to close the 2015 fiscal year in preparation for the annual audit, the attached re-solution allows for the adjustment ofbeginning fund balances, as a result of increased revenue in the following six funds: 1) General Fund, 2) Police Investigation Fund, 3) Open Space Fund, 4) Municipal Court Fund, 5) Conservation Trust Fund, and 6) Crime Prevention/Code Enforcement Fund. PRIOR ACTION: None FINANCIAL lMPACT: The 20 15 Budget will be amended to recognize the increased available beginning fund balance in the funds itemized below: General Fund Police Investigation Fund Open Space Fund Municipal Court Fund Conservation Trust Fund $ 886,057.56 $ 10,814.30 $ 989,512.07 $ 46,671.90 $ I 0,561.06 Council Action Fom1-20 15 Fund Balances March 28, 20 I 6 Page2 Crime Prevention/Code Enforcement Fund BACKGROUND: $ 115,894.68 Total: $ 2,059,511.57 Swanhorst & Company LLC, the City's i11dependent auditor recommended that staff provide Council with Exhibit A and request approval of the increased available beginning fund balances for the various funds listed. RECOMMENDATIONS: Staff recommends approval. This change does not impact 2015 expenditures or the 2016 budget approved by Council. RECOMMENDED MOTION: "1 move to approve Resolution No. 21-2016 -a resolution amending the Fiscal Year 2015 Budget to reflect the approval of increased available beginning fund balances in certain funds." Or, "1 move to postpone indefinHely Resolution No.? l-2016, a resolution amending the Fiscal Year 2015 Budget to reflect the approval of increased available beginning fund balances in certain funds for the foll owing reason(s) " REPORT PREPARED AND REVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: I. Resolution No. 21-20 16 2. Exhibit A: 2015 Year End Available Fund Balance Schedule for Certain Funds CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 21 Series of 2016 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET TO REFLECT THE APPROVAL OF INCREASED AVAILABLE BEGINNING FUND BALANCES IN CERTAIN FUNDS WHEREAS, City Council adopted the 2015 budget on December 8, 201 4; and WHEREAS, beginning fund balances for each fund were only projections based on estimated 2014-year end revenues and expenditures; and WHEREAS, in several funds, actual 2014 year-end revenues were higher and/or expenditures were lower than estimated; therefore, beginning fund balances in 2015 are higher than budgeted; and WHEREAS, financial policies require that these additional revenues are approved by City Council through a resolution . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge Fiscal Year 2015 Budget be amended accordingly to recognize the increased available fund balance budget in the following funds: General Fund Police Investigation Fund Open Space Fund Municipal Court Fund Conservation Trust Fund Crime Prevention/Code Enforcement Fund DONE AND RESOLVED this 28th day of March 2016. $ 886,057.56 $ 10,814.30 $ 989,512.07 $ 46,671.90 $ 10,561 .06 $ 11 5.894.68 Total: $ 2,059,511 .57 Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 Exhibit A: 2015 Year End Available Fund Balance Schedule for Certain Funds Key: Original Adopted Budget on 12/8/14 Final Budget as amended through 12/31/15 Actual Actual Expenditures and revenues as o/12/31/15 Beginning Fund Balance Total Revenues Total Available Funds Expenditures Ending Fund Balance Beginning Fund Balance Total Revenues Total Available Funds Expenditures Ending Fund Balance Beginning Fund Balance Total Revenues Total Available Funds Expenditures Ending Fund Balance Beginning Fund Balance Total Revenues Total Available Funds Expenditures Ending Fund Balance General Fund Original Final Actual $8,470,246.00 $8,470,246.00 $9,356,303.56 $28,990,382.00 $28,990,382.00 $31,804,420.28 $37,460,628.00 $37,460,628.00 $41,160,723.84 $29,462,497.00 $30,155,219.00 $28,958,821.10 $7,998,131.00 $7,305,409.00 $12,201,902.74 Police Investigation Fund Original $80,725.00 $350.00 $81,075.00 $25,000.00 $56,075.00 Original $442,511.00 $967,000.00 $1,409,511.00 $2,460,312.00 -$1,050,801.00 Final $80,725.00 $350.00 $81,075.00 $25,000.00 $56,075.00 Open Space Fund Final $442,511.00 $967,000.00 $1,409,511.00 $2,585,312.00 -$1,175,801.00 Municipal Court Fund Original Final $30,350.00 $30,350.00 $28,050.00 $28,050.00 $58,400.00 $58,400.00 $26,000.00 $26,000.00 $32,400.00 $32,400.00 Attachment 2 Actual $91,539.30 $1,302.65 $92,841.95 $23,536.00 $69,305.95 Actual $1,432,023.07 $1,473,948.39 $2,905,971.46 $1,680,641.80 $1,225,329.66 Actual sn,o21.9o $21,900.23 $98,922.13 $15,190.75 $83,731.38 Increased Available Beginning Fund Balance $886,057.56 Increased Available Beginning Fund Balance $10,814.30 Increased Available Beginning Fund Balance $989,512.07 Increased Available Beginning Fund Balance $46,671.90 Beginning Fund Balance Total Revenues Total Available Funds Expenditures Ending Fund Balance Beginning Fund Balance Total Revenues Total Available Funds Expenditures Ending Fund Balance Conservation Trust Fund Original $315,538.00 $301,000.00 $616,538.00 $417,831.00 $198,707.00 Final $315,538.00 $301,000.00 $616,538.00 $417,831.00 $198,707.00 Actual $326,099.06 $298,333.22 $624.432.28 $172,351.49 $452,080.79 Crime Prevention/Code Enforcement Fund Original $230,275.00 $331,000.00 $561,275.00 $356,904.00 $204,371.00 Final $230,275.00 $331,000.00 $561,275.00 $407,294.00 $153,981.00 Actual $346,169.68 $463,327.11 $809.496.79 $407,745.57 $401,751.22 Increased Available Beginning Fund Balance $10,561.06 Increased Available Beginning Fund Balance $115,894.68 '\ '~ .. _ .. City of • ?WlieatRi___dge ITEM NO: If. DATE: March 28,2016 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO CREATIVE BUS SALES OF COLORADO SPRINGS, CO., FOR THE PURCHASE OF A NEW 2016 STARTRANS SENATOR ll 22 15-PASSENGER MINIBUS IN A TOTAL AMOUNT NOT TO EXCEED $52,730 0 PUBLIC HEARrNG ~ BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDIC IAL: ISSUE: 0 ORDfNANCES FOR l ST READrNG 0 ORDfNANCES FOR 2ND READING D YES The current IS-passenger minibus bas exceeded its useful li fe and is scheduled and budgeted for replacement in 20 16. On March I, 2016 bids for RFB-16-08, 2016 a IS-passenger minibus were due and opened. Seven bids were received from six bidders. Staff has reviewed these bids and recommends purchase of the new minibus from Creative Bus Sales of Colorado Springs, Colorado. The bid price is $52,730. PRIOR ACTION: None FINANCIAL IMPACT: The funds for this purchase are budgeted in tbe 2016 Public Works Department General Fund Budget, account 01-303-800-807, fleet replacement. The combined total budget for the cost of all vehicles and large equipment, including the cost of the transfer, purchase and installation of new and used equipment, lighting, communications and other miscellaneous equipment is $696,510. The total expense for the minibus is within the budgeted amount for fleet replacement. BACKGROUND: Seven bids were received for the minibus. Staff reviewed these bids for the most accommodating purchase with respect to pricing, option availability, body and chassis warranties and vendor Council Action Fonn -Replacement of Minivan March 28, 20 16 Page2 location for optimal staff efficiency in regard to future maintenance and repair needs. Creati ve Bus Sales of Colorado Springs, Colorado is the lowest responsibl e bidder. TI1e two bids with lower bid prices do not meet the City's specified requirements for the bus, warranties, ease of service, and there are other documented deficiencies in their bid packages. The StarTrans Senator II 22 bus is built on a Ford E-3SO chassis, and Creative Bus Sales has offered a bumper-to-bumper warranty for both the body and the chassis for three years or 36,000 miles. They have also contracted with MV Transportation, Denver, to provide warranty and repair services. The existing IS-passenger minibus, unit 382, is a 2006 Ford XL, utilized by the Active Adult Center in the Recreation division of the Parks and Recreation department. The original purchase price was $53,7S5. The approximate mileage on this vehicle is 1 J 8,000. The City's current replacement policy for this type of equipment is 120,000 mi les, and/or I 0 years of service. The annual review of the City's fleet of vehicles and equipment identified 32 vehicles and I 0 pieces of equipment that should be replaced. The City vehkle and replacement policy, revised by the City Council in 20 I I, was utilized to detennine replacement eligibility. This policy essentially provides replacement guidelines that consider long-term effective service life and costs for budgeting purposes. Considerations include high/rising maintenance and repair costs, operating costs, excessive down-time of equipment, parts or service no longer available, poor utilization. and potential legal considerations. The existing minibus will be disposed of at auction. RECOMMEN DATIONS: Staff recommends the purchase of a new 2016 StarTrans Senator II 22, IS-passenger minibus to replace the existing vehicle. RECOMMENDED MOTION: "I move to approve payment to Creati ve Bus Sales, Colorado Springs, CO, for the purchase of one new 2016 StarTrans Senator fl 22, iS-passenger minibus in a total amount not to exceed $52,730." Or, "I move not to approve payment to Creative Bus Sales, Colorado Springs. CO, for the purchase of one new 2016 StarTrans Senator II 22. IS-passenger minibus in a total amount not to exceed $52,730 for the following reason(s): " REPORT PREPARED/R EVIEWED BY: Greg Knudson, Operations Manager Scott Brink, Public Works Director Jennifer Nellis, Purchasing Agent Patrick Goff. City Manager ATTACHMENTS: 1) Bid Tabulation Sheet ,., ·"' • Otyof ?WlieatR!_gge PROJECT: RFB-16-08 2016 NEW 15 PASSENGER MINI-BUS DUE DATE/TIME: TUESDAY, MARCH 1, 2016 BY 1 P.M. LOCAL TIME R~Q STED BY: GREG KNUDSON, PUBUC WORKS· OPERATIONS OPENED BY: JENNIFER NEWS, PURCHASING AGENT A NJITNESSED BY~ CINDY RAIOLO, PURCHASING TECHNICIAN CK CREATIVE BUS DON BROWN BUS COlORADO WEST MASTERS VENDOR SAtES, INC. DAVEY COACH INC. SAlES EQUIPMENT TRANSPORTATION COLORADO lOCATION SPRINGS, CO SEDALIA, CO JOHNSTOWN, NY HENDERSON, CO CENTENNIAl, CO BIDDER ACKNOWLEDGEMENT FORM YES YES YES YES YES ACKNOWLEDGE ADDENDA (1) YfS YES YES YES YES IllEGAl ALIEN COMPLIANCE YES YES YES YES YES NON-DISCRIMINATION ASSURANCE FORM YES YES YES YES YES NON-COLLUSION AFFADAVJT YfS YES YES YES YES ATIACHMENTA YES YES YES YES YES WARRANTY INFORMATION YES YES YES YES YES SEATING LAYOUT YES YES YES YES YES THREE REFERENCES YES YES NO RESPONSE YES YES BRAND/MODEL STAR TRANS TURTLE TOP/VAN STARCRAFT ELDORADO GOSHEN SENATOR II TERRA Xl BUS/ALLSTAR SERIES NATIONAL/ AEROUG COACH/PACER lS DELIVERY ARO 60 DAYS 90DAYS 75-90 DAYS 90 DAYS 90-120 DAYS SUGGESTED MILES PER GAll ON 10-12 Ml 6-12 Ml NO RESPONSE 8-10 Ml 10-12 Ml PRIONG: VEHICLE COST, AS PROPOSfD $ 57,530.00 $ 68,979.00 $ 57,253.00 $ 63.476.00 $ 63,598.00 LESS GOVERNMEHT OISCOUNT(S) s (4,800.00) s (4,800.00) s {4,800.00) s (5,800.00) s (4,800.00) i BASE 810, TOTAl: s 52,730.00 $ 64,179.00 $ 52,453.00 s 57,676.00 $ 58,798.00 poge J o/2 ~ .. c • E .c u Cl :: c .. ' ... · City or "fP'Wlieat: R!9ge PROJECT: RFB-16-08 2016 NEW 15 PASSENGER MINI-BUS DUE DATE/TIME: TUESDAY, MARCH 1, 2016 BY 1 P.M. LOCAl TIME REQUfflED BY: GREG KNUDSON, PUBLIC WORKS-OPERATIONS ~ OPENED BY: JENNIFER NELLIS, PURCHASING AGENT ~ITNESSED BY: CINDY RAIOLO, PURCHASING TECHNICIAN MASTERS NATIONAL BUS VENDOR TRANSPORTATION SALES LOCATION CENTENNIAL, CO JUSTIN, TX BIDDER ACKNOWLEDGEMENT FORM YES YES ACKNOWLEDGE ADDENDA (1) YES YES IllEGAl ALIEN COMPLIANCE YES YES NON-DISCRIMINATION ASSURANCE FORM YES YES NON-COLLUSION AFFADAVIT YES YES ATTACHMENT A YES YES WARRANTY INFORMATION YES NO RESPONSE SEATING LAYOUT YES YES THREE REFERENCES YES YES BRAND/MODEL GOSHEN GLAVAL/UNIVERSAL COACH/PACER lS DELIVERY ARO lODAYS NO RESPONSE SUGGESTED MILES PER GALLON 10-12 Ml NO RESPONSE PRIONG: VEHICLE COST. AS PROPOSED s 54,441.00 $ 58,966.00 LESS GOVERNMENT DISCOUNT(S) $ (4,800.00) s (4,800.00) BASE 810, TOTAL: s 49,641.00 s 54,166.00 s -s . $ . pogel o/2 ~ '4" ~' ~ r City of • :rwheatR.i9ge ITEM NO:~· DATE: March 28, 2016 REQUEST FOR CITY COUNCIL ACT10N TITLE: MOTION TO APPROVE THE PURCHASE OF A 2017 COMBINA TlON JETTERIV ACUUM STORM SEWER CLEANING TRUCK FROM FARIS MACHINERY OF COMMERCE CITY, CO, IN A TOTAL AMOUNT NOT TO EXCEED $255,840 D PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUD1CLAL: ~ ISSUE: D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2No READING D YES ~ NO cew.:t ~ Staff recommends the purchase of a 2017lntemational cab and chassis, truck equipped with a mounted Vactor brand combination jetter/vacuwn (jetlvac) stonu sewer cleanjng system. This unit would replace the existing, obsolete 1986 combination jetter/vacuum stonn sewer cleaning truck, unit 256 in the Operations division of the Public Works department. By utilizing the National Joint Powers Alliance (NJPA) contract #022014-FSC, the appropriately sized Vactor brand combination jet-vac urut and 2017 International cab and chassis can be provided by Faris Machinery, in Commerce City, Colorado. The total cost of the truck equipped with the mounted storm sewer jetter/vacuum cleaning unit, including preparation for use, is not to exceed $255,840. PRIOR ACTION: None FINANCIAL IMPACT: The funds for this purchase are budgeted in the 20 16 Public Works Department General Fund Budget, Account Number 01-303-800-807, under fleet replacement. The combined total budget for the cost of all verucles and large equipment, including the cost of the transfer, purchase and installation of new and used equipment, lighting, communications and other miscell aneous Council Action Form -Jet-Vac Purchase March 28, 2016 Page 2 equjpment is $696,510. The proposed jet-vac unit and cab and chassis contract amount is within the estimated budget amount. BACKGROUND: After contacting the three available sewer cleaning equipment supply companjes located in the Denver area it was determined the City would best be served by using the NJPA cooperative bid agreement for this purchase. NJPA is a cooperative service organization that performs national research to obtain the best prices based on competitively bid solicitations. The City of Wheat Ridge has an account with NJPA and has benefitted from piggybacking off the national agreements on other occasions. Additionally, NJP A satisfies competitive bid process requirements of the City, and is endorsed by the state of Colorado's purchasing office. Staff also researched other national cooperative organizations and did not find any other awards for this specialized equipment, given the size, capacity and budgetary requirements. By utilizing NJP A contract, the unit, cab and chassis can be provided by Faris Machinery. The obsolete jet-vac truck will be taken to auction. The existingjetter/vacuum truck, unit 256 is a 1986 Ford, model LNT 8000 cab & chassis equipped with a mounted Peabody Myers brand combination storm sewer jetter/vacuum unit of the same year. The original, total purchase price was $1 17,078. When operable, the hour meter reading for the jetter/vacuum unit was estimated to be over 7,000 hours. The City's current replacement policy for this type of equipment is I 0,000 hours and/or 1 0 years of service. This piece of equipment has essentially been non-useable for the past several years due to its poor and unreliable operating abilities as well as the lack of available repair parts due to obsolescence. Replacement has been postponed due to budget constraints and the need to rep.Jace higher priority vehicles and equipment. ln addition to on-going maintenance, this particular piece of equipment is especially valuable in emergency situations when timely responsiveness to storm sewer and drainage blockages can reduce property and street damages. TI1e annua.l review of the City's fleet of vehicles and equipment identified 32 veilicles and 10 pieces of large equipment that should be replaced. The City vehicle and replacement policy, revised by the City Council in 2011 , is utilized to determine replacement eligibili ty. Thi s policy essentia.ll y provides replacement guidelines that consider long-term effective service life and costs for budgeting purposes. Among the guidelines considered are; age, high and rising maintenance and repair costs, operating costs, excessive down-time of equipment, parts or service no longer available, poor utilization, updated legal considerations, etc. RECOMMENDATIONS: Staff recommends the purchase of the 2017 International 4300 cab and chassis equipped with a mounted combination storm sewer cleaner and vacuum system unit from Faris Machinery of Commerce City, Colorado, through the NJPA purchasing contract. Council Action Form -Jet-Vac Purchase March 28, 2016 Page 3 RECOMMENDED MOTION: "I move to approve the purchase of a 201 7 combination jet-vac storm sewer cleaning truck from Faris Machinery of Commerce City, CO, jn a total amount not to exceed $255,840." Or, "I move to deny the approval of the purchase of a 2017 combination jet-vac storm sewer cleaning truck from Faris Machinery of Commerce City, CO, for the following reason(s): " REPORT PREPARED/REVIEWED BY: Greg Knudson, Operations Manager Scott Brink, Public Works Director Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. National Joint Powers Alliance Quote Summary F:AFIIS MACHINERY 5770 Ea•t 77th Ave Commerce City, CO 80022 o I ao3 u1 1741 ' 103 287 1273 ::~~ ---~ 2269 Commercial Blvd Colorado Sprinp, CO 80906 0 1711127 101. f '111 1271011 "'· --/ ,.----r -/ -.. '' / .. ~~- fartsmachlrMry.com 772 Valley Court Orand JunctJon, co 81506 0 I 170 242 4H7 , 170 242 47a3 Combination Single Engine Sewer Cleaner with Positive Displacement Vacuum System Mounted on a Heavy Duty Truck Chassis NATIONAL JOINT POWERS ALUANCE CONTRACT #022014-FSC Quote Number: 2015·13960 Wheat Ridge1 City of 11220 W 45th Ave Wheat Ridge, CO 80033 GREG KNUDSON-PUBLIC WORKS gknudson@wheatrtdge.co.us Attachment 1 Larry Johnson Tel: 720 810-9423 Chassis Sourct Vac;tor Manufacturing: 20 171ntmlALional 4300 SBA 4x2 Cumm ins ISB 210, Allison 3500 (See Attached) Module Paint Mntch Cab· Yes Module Paint Color-White Cab Color· White Door Stripe Color • None Chassis Axle -Single Certified Unit Weight Required -No Product Model: 2103 Proposal Date: 1 21412~ Quote Number: 20 IS-I 3960 Price List Date: 1/112016 P.O. Number: Qty: Payment Tenns: Proposal Notes: SlSS,840.00 Price Valid for 90 Days from date of I 214120 I.S Customer Initials:--------- I. Multiple unit orders will be identical to signed proposal. Changes or deviations to any unit of a multiple unit order will require a new signed proposal. 2. Chassis specifications and data codes for customer supplied chassis must be submitted to and approved by Vactor Manufacturing prior to submin.al of customer purchase order 3. All prices quoted are in US Dollars unless otherwise noted. SIGN ED BY: --------------Date:---------- Quote Number: 2015-13960 ' ' , .... • ~ City of • JP'"WheatRl._dge ITEMNO:.-L DATE: March 28,2016 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 04-2016 -AN ORDINANCE VACATING THE WESTERN 19 FEET OF MARSHALL STREET RIGHT- OF-WAY, ADJACENT TO 4901 MARSHALL STREET WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. WV-16-01) D PUBLIC HEARING D BIDS/MOTlONS 0 RESOLUTIONS QUASl-JUDIClAL: ISSUE: 0 ORDINANCES FOR 1ST READING (02/22116) [8J ORDINANCES FOR 2N° READING (03/28/16) [8J YES 1l1e request is for approval of a right-of-way vacation of the westem 19 feet of Marshall Street. This portion of Marshall Street is undeveloped and it is not necessary to retain for any future public use. PRIOR ACTION: The Planning Commission recommended approval of the request at a public hearing on February 18, 2016. The staff report and minutes of the meeting from the Planning Commission public bearing are attached. FINANCIAL IMPACT: The vacation will have no financial impact on the City; however the City will receive property tax revenues generated by the improvements on the adjacent property when it develops. Council Action Fonn -Vacation of ROW on Marshall Street March 28. 2016 Page 2 BACKGROUND: The request for a vacation of ROW by the City's Public Works Department is due to the timing of the proposed redevelopment of the adjacent property at 4901 Marshall Street by the property owner. On March 3 2016, a Planned Building Group request was approved during a public hearing before the Planning Cornmjssion. As part of the staff review process, Public Works evaluated the street configuration and has determined that the western 19 feet is not necessary to retain now, nor should it be in the future. The existing ROW width in this location is 1 I 0 feet. Should the vacation be approved, the resulting ROW width will be adequate to provide for the street width and accompanying amenities that are described in the City's Bi cycle and Pedestrian Master Plan. The ROW was obtained by the City by operation oflaw from Jefferson County when the City was incorporated. Prior to Jefferson County's possession, it is understood that it was a State of Colorado ROW for a now abandoned state highway, which explains the excessive width. When l-70 and 1-76 were built, it rendered any future regional expansion of Marshall Street highly unlikely. Staff was unable to locate the dedication documents transferring the ROW to the State of Colorado originally, and transferring it again to Jefferson County. A ROW vacation can be initiated by the City of Wheat Ridge or a private party and approved as part of a final plat or by ordinance. TI1is request is being initiated by the City and is proposed to be approved by Ordinance foll owing public hearings before the Planning Commission and the City Co unci I. If the right-of-way is vacated, it will vest with the ownership of 490 I Marshall Street. RECOMMENDED MOTION: "I move to approve Council Bill No. 04-2016, an ordinance approving the vacation of the western 19 feet of Marshall Street adjacent to 490 I Marshall Street on second reading and that it take effect 15 days after final publication, for the following reasons: Or, 1. The Public Works Department does not see any future needs for tllis Right-of- Way. 2. The request will not hinder the future improvements established o n the Wheat Ridge Comprehensive Plan or the Wheat Ridge Bicycle and Pedestrian Plan. 3. TI1e criteria used to evaluate a vacation have been met." "J move to deny Council Bill No. 04-2016, an ordinance approving vacation of the western 19 feet of Marshall Street adjacent to 4901 Marshall Street for the following reason( s) " Council Action Fonn -Vacation of ROW on Marshall Street March 28, 20 16 Page 3 REPORT PR EPARED BY; Lisa Ritchie, Planner II Scott Brink, Public Works Director Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: I. Council Bill No. 04-20 16 2. Staff Report 3. Planning Commission minu tes TITLE: CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 04 ORDINANCE NO. ___ _ Series of 2016 AN ORDINANCE VACATING THE WESTERN 19 FEET OF MARSHALL STREET, ADJACENT TO 4901 MARSHALL STREET WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. WV-16·01 / MARSHALL STREET VACATION) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for right-of-way vacation; and, WHEREAS, the subject right-of-way lies within the City of Wheat Ridge, County of Jefferson, State of Colorado, WHEREAS, the subject right-of-way is not needed for any public purpose; and , WHEREAS, no land adjoining the subject right-of-way will be left without access to the public street system as a consequence of its vacation. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The following portion of Marshall Street, a dedicated street within the City of Wheat Ridge, County of Jefferson, State of Colorado, is hereby vacated: A portion of the Southwest One-Quarter of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the Southwest Corner of said Section 13, and considering the South Line of said Southwest Quarter to bear N89°59'56"E, with all bearings herein relative thereto; Thence N69°23'42"E, a distance of 1080.86 feet to a point of curvature, the East Line of Lands described at Reception No. 452756 and the West Right-of-Way Line of Marshall Street; said point also being the Point of Beginning; Thence along said East Line and West Right-of-Way Line of Marshall Street along the arc of said curve to the right, 478.51 feet, having a radius of 919.44 feet, through a central angle of 29° 49'08" and which chord bears N 17°20'36"W, a distance of 4 73.13 feet to the Northeast Corner of said Lands described at Reception No. 452756, Thence N8r33'58"E, a distance of 19.00 feet; Thence along the arc of a non-tangent curve to the left, 478.51 feet, having a radius of 900.44 feet, through a centra l angle of 29°49'08" and which chord bears S1r20'36"E, a distance of 463.35 feet; Attachment 1 Thence S5r44'50"W, a distance of 19.00 feet to the Point of Beginning whence the South Quarter of said Section 13 bears S76°54'30"E, a distance of 1679.09 feet. Containing 8998 square feet or 0.207 acres, more or less. Section 2. Conditions. A utility easement shall be reserved over the property hereby vacated. 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 8 to 0 on this 22"d day of February, 2016, ordered it published with Public Hearing and consideration on final passage set for Monday, March 28, 2016 at 7:00 o'clock p.m ., in the Council Chambers, 7500 West 29th 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 , 2016. SIGNED by the Mayor on this ___ day of _______ , 2016. Joyce Jay, Mayor ATIEST: Janelle Shaver, City Clerk 151 publication: February 25, 2016 2nd publication: Wheat Ridge Transcript: Effective Date: Approved as to Form: Gerald Dahl, City Attorney ~. -1 .. ~ ..-City of • •fP:Wheat&_dge ~OMMUNITY D EVELOPMENT CITY OF WU EAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: LOCATION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: COMPREHENSfVE PLAN ZONING ORDINANCE CASE MANAGER: Lisa Ritchie February 18,2016 WV-16-01 I Marshall Street Partial Right-of-Way Vacation Approval of a vacation of the western 19 feet of Marshal.l Street Approximately 4901 Marshall Street City of Wheat Ridge 8,998 sq uare feet (0.207 acres) Industri al-Employment Employment CASE FlLE & PACKET MATERIALS DIGITAL PRESENTATION All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. VlCJNITY MAP Attachment 2 I. REQUEST This application is for approval to vacate a portion of unused right-of-way (ROW) for Marshall Street. The portion of ROW in question consists of the western 19 feet of Marshall Street. II. DESCRIPTION The request for a vacation of ROW by the City's Public Works Department is due to the timing of the proposed redevelopment of the adjacent property at 490 I Marshall Street by the property owner. Staff is currently reviewing a Planned Building Group application to be considered by Planning Commission at a future Public Hearing. As part of the review process, Public Works evaluated the street configuration and bas detennined that the western 19 feet is not necessary to retain now, nor should it be in the future. The existing ROW width in this location is II 0 feet. Should the vacation be approved, the resulting ROW width will be adequate to provide for the street width and accompanyi ng amenities that are described in the City's Bicycle and Pedestrian Master Plan. The ROW was obtained by the City by operation of law from Jefferson County when the City was incorporated. Prior to Jefferson County's possession, it is understood that it was a State of Colorado ROW for a now abandoned state highway, which explains the excessive width. When 1-70 and 1-76 were built, it rendered any future regional expansion ofMarshall Street highly unlikely. Staff was unable to locate the dedication documents transferring the ROW to the State of Colorado originally, and transferring it again to Jefferson County. A ROW vacation can be initiated by the City of Wheat Ridge or a private party and approved as part of a final plat or by ordinance. This request is being initiated by the City and is proposed to be approved by Ordinance foll owing public hearings before the Planning Commission and the City Council. If the right-of-way is vacated. it will vest with the ownership of 4901 Marshall Street. (Exhibit I. Vacation Exhibit and Legal Description; Exhibit 2. Zoning Map: Exhibit 3. Aerial Photo; Exhibit 4, Site Photo) 111. VACATION C RITERIA Before a street ROW vacation is approved, the applicant shall show and City Council shall make the following determinations which are found in Section 26-118-Righl-of-Way Vacations: 1. That the proposed vacation will not leave any adjoining land without access to an established public right-of-way. Access to the property adjacent is not compromised as Marshall Street at this portion of the ROW is not developed and has no public improvements. The new property line that will be created by the approval of the vacation will remain adjacent to Marshall Street. Stqff concludes thai rhis criterion has been met. Planning Commission WV-16-01 I Marshall Street Right-of-Way Vacation 2 2. That the proposed vacation is in conformity with the most recently enacted goals and policies of the transportation section of the current Comprehensive Plan of the City of Wheat Ridge. The vacation of the westem 19 feet of the Marshall Street ROW does not impact the goals of the Comprehensive Plan. Marshall Street is not specified for any future improvements outlined in the plan, nor are any improvements called for in the City's Bicycle and Pedestrian Plan that cannot be accommodated within the ROW that will remain. Staff concludes that this criterion has been met. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. There will not be a negative impact on the infrastructure of the City of Wheat Ridge. Existing utilities will remain within the resulting ROW or within easements. Staff concludes that this criterion has been met. 4. T hat adequate easements have been reserved for use and/or maintenance by the city or other utility agencies. An application for a plat is under review by staff. A utility easement is proposed for the front I 0 feet along the new proposed property line to accommodate utilities. The newly vacated ROW will be incorporated into this property via the plat. Staff concludes that this criterion is has been met. Staff concludes that the criteria used to evaluate right-of-way vacations support this request. IV. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses foll ow: Wheat Ridge Economic Development: No concerns. Wheat Ridge Fire Protection District: No comments. Wheat Ridge Water District: No comments. Wheat Ridge Public Works: All comments have been addressed. Wheat Ridge Public Works recommends approval. Planning Commission WV -16-0 I I Marshall SLreet Right-of-Way Vacation 3 Westridge Sanitation District: Requests that an easement be reserved for uti lities, if any. No concern with the vacation request. Xcel E nergy: Requests that a utility easement be reserved for utilities. No concern with the vacation request. Comments received relate only to the vacation request. A separate referral process will occur for the proposed redevelopment. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed vacation will not leave adjacent property without access to a public street. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan. There will not be a negative impact to the City's infrastructure. Because the vacation criteria support the zone change request, staff recommends approval of Case No. WV -16-0 I . VI. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WV-16-01 , a request tor approval of a right- of-way vacation of an unused portion of Marshall Street, for the followi ng reasons: I. The Public Works Department does not see any future needs for this ROW. 2. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan or the Wheat Ridge Bicycle and Pedestrian Plan. 3. The criteria used to evaluate a vacation have been met." Option B: "I move to recommend DEN IAL of Case No. WV-16-01 , a request for approval of a right-of- way vacation of an unused portion of Marshall Street, for the following reasons: 1. 2. , Planning Commission WV-16-01 / Marshall Slreet Right-of-Way Vacation 4 Exhibit 1 -Vacation Exhibit and Legal Description OWNER: MARSHAU-76 LLC REC. NO. 452756 R=919.44' EXHIBIT A SHEET 2 OF 2 R=900.44' Planning Commission 5 WV-16-01 / Marshall Street Right-of-Way Vacation LEGAL DESCRIPTION A portion of the Southwest One-Quarter of Section 13 , Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado. more particularly described as follows: Commencing at the Southwest Comer of said Section 13 , and consideiing the South Line of said Southwest Quarter to bear N89°59'56"E, with all beaiings herein relative thereto; Thence N69°23 '42''E, a distance of I 080.86 feet to a point of curvature, the East Line of Lands described at Reception No. 452756 and the West Right-of-Way Line of Marshall Street: said point also being the Point of Be&rinning; Thence along said East Line and West Right-of-Way Line of Marshall Street along the arc of said curve to the right, 478.51 feet, having a radius of919.44 feet through a central angle of 29°49'08" and which chord bears N17°20'36"W. a distance of 473.13 feet to the Northeast Comer of said Lands described at Reception No. 452756, Thence N87°33 '58"E, a distance of 19.00 feet; Thence along the arc of a non-tangent curve to the left, 478.5 1 feet, having a radius of 900.44 feet, through a central angle of29°49'08" and which chord bearsS l7°20'36"E. a distance of 463.35 feet; Thence S57°44'50"W, a distance of 19.00 feet to the Point of Beginning whence the South Quarter of said Section 13 bears S76°54 '30"E. a distance of 1679.09 feet. Containing 8998 square feet or 0.207 acres, more or less. Planning Commission WV-16-0 I I Marshall Street Right-of-Way Vacation 6 Planning Commission 7 WV-I 6-01 I Marshall Street Right-of-Way Vacation ERROR: ioerror OFFENDING COMMAND: image STACK: 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) * 7. VIvian Vos 6920 W. 47'h Place Ms. Vos asked if property line extends to the center of the street like zone district lines do. Ms. Ritchie explained that the zone district and the property Jines are two different boundaries and the property line does not extend to the middle of the street Ms. Vos then asked how a zone district impacts a property. Chair BUCKNAM explained the zone district determines what you are allowed to use the property for. Chair BUCKNAM and Ms. Ritchie stated the zone district going to the center line gives a good reference point. Ms. Vos wanted to confirm that the zone district going to the center line does not apply to anybody's property rights. Ms. Ritchie confirmed it does not. PUBLIC HEARING A. Case No. WV-16-01: an application filed by The City of Wheat Ridge for approval of a vacation of the western 19 feet of Marshall Street located approximately at 4901 Marshall Street. Ms. Ritchie gave a brief presentation regarding the vacation of a Right-of-Way (ROW) and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Ms. Ritchie stated the current ROW is II 0-feet and the City wiJJ retain 91-feet, which is adequate for all future anticipated improvements such as detached sidewalks and an amenity zone. Ownership of the vacation will vest with 4901 MarshalJ Street. It is also timed with a proposed redevelopment to be heard by Planning Commission and scheduled for March 3. Ms. Ritchie also explained that agency referrals were notified and there were no comments other than requests for easements for existing utilities which have been identified on the plat Staff also concludes that the detenninations found in Section 26-118 to approve a ROW vacation have been met. Commissioner DORSEY wanted to know where the easements wilJ be located. Planning Commission Minutes February 18, 2016 Attachment 3 -2 - Ms. Ritchie explained it will be on private property and has been reserved on the plat document. Commissioner TIMMS asked for the current classificat-ion of Marshall Street. Mr. Brink stated it is Minor Arterial. Commissioner TIMMS asked if91-feet is consistent for a cross section of a Minor Arterial. Mr. Brink stated it is actually a little wider than what is needed and consistent with any other improvements that will be done in the future. Commissioner TLMMS asked if this is the only vacation being requested on Marshall Street and should it be extended to the properties to the North and South. Ms. Ritchie explained this is the only property scheduled for redevelopment so the other properties were not included. Commissioner TIMMS also wanted to know if there were any underground lines that could be affected by this ROW vacation and the new amenity zone, specifically trees being planted in the amenity zone. Ms. Richie stated there is no storm sewer but there is a drainage ditch that will be accommodated by a similar swale and there are trees proposed for the amenity zone; no lines should interfere with the planting of trees and it will comply with the Street Scape Manuals. Chair BUCKNAM stated he would like staff to hannonize Marshall Road from Harlan to the Northern end of the Wheat Ridge boundary. It would be nice to have a unified width for bike/ped traffic especially since the Clear Creek Path is so close. He stated he would like to see current and future businesses unify to make this happen. Mr. Brink added there have been discussions with the City of Arvada to connect bike paths to get to the Clear Creek Trail. Vivian Vos 6920 W. 47'h Place Ms. Vos stated this is an educational process for her and she needs a better understanding of a ROW and the vacation of this ROW. Mr. Brink explained the definition of a ROW is public use, owned by the City and it is used for roadways, sidewalks, drainage and utilities. He also stated the ROW goes from one property line to the next property line across the street; it is not from the Planning Commission Minutes February 18,2016 -3 - center line of the road. For this case, be explained, a measurement of 55· fe-et can be done from the center line in one direction toward the property line. Mr. Brink stated that the vacation of 19·feet is based on the future use of this property plus the City improvements to the road and addition of a bikelped path. Ms. Vos asked why the City is giving up 19·feet of ROW and who will maintain the weeds and grass. Mr. Brink stated that if the City doesn't want to maintain excess ROW then it can be donated to the property owner, which is done quite frequently. lt is then up to the property owner to maintain the ROW they acquired. Ms. Vos asked how she can find out if there is a ROW on her property. Both Mr. Brink and Chair BUCKNAM explained that each property is unique and different in locating the ROW and the City's Planner office would need to be contacted to figure it out. It was moved by Commission TIMMS and seconded by Commissioner Ohm to recommend APPROVAL of Case No. WV-16-01. A request for approval of a right-of-way vacation of an unused portion of Marshall Street, for tbe following reasons: I. The Public Works Department does not see any future needs for their ROW. 2. The request will not binder the future improvements established on the Wheat Ridge Comprehensive Plan or the Wheat Ridge Bicycle and Pedestrian Plan. 3. The criteria used to evaluate a vacation have been met Motion Passed 7-0. 8. OTHER ITEMS A. Extended Shoulder Width on 32•d A venue by the High School Commissioner OHM and Chair BUCKNAM stated they are enjoying the new shoulder with on 32nd Avenue west from Wadsworth Blvd. B. PubUc Works Update Mr. Brink gave a brief description about different projects happening in the city, most of which are paving projects but also slurry and drainage projects. The map is posted on the website by searching 2016-2017 CIP Program. Planning Commission Minutes February 18, 2016 ·4- ~ '4 ~ ... , Cityof • JP'WheatRi_dge ITEM NO: 3, DATE: March 28, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 05-2016 -AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF APPLICATIONS AND REQUESTS FOR A PERMIT, LICENSE, LAND USE APPROVAL OR OTHE R APPROVAL FOR A FREEST ANDING EMERGENCY ROOM FACILITY 0 PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: 7)/ / ,0 ~," City Attorney ISSUE: r8j ORDINANCES FOR I ST READING (03/28/16) 0 ORDINANCES FOR 2 ° READING (04/11 /16) D YES r8j NO City Manager This Ordinance imposes a 365-day moratorium on the submission, acceptance, processing and approval of applications and requests related to freestanding emergency room facilities. The purpose of the moratorium is to allow the Council to evaluate -and amend, if appropriate-the City's existing regulations that address the zoning and li censing of these facilities. PRIOR ACTION: Counci I discussed this issue on March 7, 2016, and directed that a moratori urn ordinance be prepared. FINANCIAL IMPACT: The potential loss of license, permit, application and similar fees associated with applications for freestanding emergency room (ER) facilities over the next year is likely nominal. BACKGROUND: Freestanding ERs are increasing in number and popularity. ln Colorado, the number of freestanding ERs has risen from two in 2012 to at least 35 by this summer. These facilities provide emergency medical treatment and care similar to a hospital-based ER. Ambulances deliver to these Council Action Fonn -ER Moratorium March 28. 2016 Page2 freestanding facilities and many offer more sophisticated on-site services -such as radiology and lab services -than urgent care facilities. These types of facilities are not currently licensed or re1:,rulated by the state. Freestanding ERs likely generate land use impacts that are more akin to hospitals than to other medical facilities, such as clinics, doctor's offices and urgent-care facilities. Unlike these other types of medical facilities, freestanding ERs accommodate ambulance and other emergency-vehi cle traffic and they are often open 24/7. They produce light. noise, glare and traffic beyond that of a non-emergent medical care facility. It is therefore appropriate to study and evaluate whether the City's existing zoning regulations adequately address freestanding ER facilities. There have been a number of recent media stories on freestanding ERs and patient confusion between freestanding ERs and urgent care facilities. Because freestanding ERs are not currentl y licensed or regulated by the state, patients may also be uninfonned about the relative costs, benefits, advantages and disadvantages of visiting a freestanding ER versus a hospital-based ER. It is therefore appropriate for Council to study and evaluate whether the City should enter the licensing fray and adopt some local licensing requirements for freestanding ERs. This Ordinance maintains the status quo of freestand ing ERs within the City (none) while the Council studies the policy issues and adopts furth er legislation if it deems appropriate. OPTIONS FOR COUNCIL ACTION: I. Approve the ordinance as presented on first reading; 2. Approve the ordinance on first reading with amendment(s): or 3. Postpone consideration of the ordinance indefinitely. RECOMMENDED MOTIONS: "I move to approve Council Bill No. 05-20 l6, an ordinance imposing a temporary moratorium on the submission, acceptance. processing and approval of applications and requests for a penn it, li cense, land usc approval or other approval for a freestanding emergency room facility, on first reading, order it published, public hearing set for Monday, April I I, 2016. at 7:00 p.m. in City Council Chambers, and tl1at it take effect fi ftecn ( 15) days after final publication." Or, "I move to postpone indefinitely Council Bill No. 05-2016 an ordinance imposing a temporary moratorium on the submission, acceptance, processing and approval of applications and requests tor a pennit, license, land use approval or other approval for a freestanding emergency room facility. for the following reason(s) " REPORT PREPARED BY; Carmen Beery, City Attorney's Office Gerald Dahl, City Attorney Patrick Goff, City Manager A TTACHM.ENTS: Council Action Form -ER Moratorium March 28, 20 16 Page3 I. Council Bill No. 05-2016 2. March 2, 2016 Staff Memorandum CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 05 Ordinance No. ---Series 2016 TITLE: AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF APPLICATIONS AND REQUESTS FOR A PERMIT, LICENSE, LAND USE APPROVAL OR OTHER APPROVAL FOR A FREESTANDING EMERGENCY ROOM FACILITY WHEREAS, the City of Wheat Ridge ("CitY') is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to enact laws to govern and regulate the use of land within its territory; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("Council") previously adopted local land use regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws ("Code"); and WHEREAS, the City's zoning regulations currently permit freestanding emergency room facilities to locate within the Mixed Use-Commercial and Planned Hospital Development zone districts; and WHEREAS, the Council finds that freestanding emergency room facilities may cause land use impacts that are different than those caused by other detached health care facilities due to the extended hours that emergency facilities may be open; and WHEREAS, in response to the increase in the number and popularity of freestanding emergency room facilities over the past several years, the Council finds and determines that it is necessary and desirable to examine the City's zoning laws and business licensing regulations governing freestanding emergency room facilities to ensure that they are appropriately located; and WHEREAS, to prevent the further location of freestanding emergency room facilities in potentially inappropriate locations while the Council studies the issue, the Council desires to impose a moratorium on the submission, acceptance, processing, and approval of all applications and requests for a permit, license, land use approval or other approval for any freestanding emergency room facility, commencing upon the effective date of this Ordinance and expiring 365 days thereafter; and WHEREAS, the imposition of a moratorium on the submission, acceptance, processing, and approval of all applications and requests for a City permit, license, land use approval or other approval is reasonable in time and scope and would not cause an unnecessary hardsh ip upon or unreasonably prejudice any party. Attachment 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Findings. The above and foregoing findings are hereby incorporated by this reference as specific findings and determinations of the Council. Section 2. Temporary Moratorium. A temporary moratorium is hereby imposed on the submission, acceptance, processing, and approval of all applications and requests for a City permit, license, land use approval or other approval for any freestanding emergency room facility. The City staff is directed to refuse to accept for filing, and not to further process or review any pending applications or requests for such facilities during the moratorium period . Section 3. Defin ition of freestanding emergency room facility. For purposes of this Ordinance, a "freestanding emergency room facility" is and means a medical facility that is not physically attached to a hospital facility that has the capability of providing medical care and services to patients with emergency medical conditions in a manner similar to emergency rooms located within hospitals. Features of a freestanding emergency room facility may include, but are not limited to, expanded hours of operation, drive-lanes or vehicle bays to accommodate ambulance arrivals and departures, board-certified emergency physicians, board-certified emergency nurses, on-site lab and imaging capabilities and similar equipment, services and treatments not commonly available in urgent-care facilities. Section 4. Duration. The moratorium imposed by this Ordinance shall commence on the effective date of this Ordinance and shall expire on the 365th day thereafter. Section 5. Staff to Investigate and Prepare Proposed Regulations. Before the expiration of the moratorium imposed by this Ordinance, City staff shall review and analyze the City's existing regulations governing freestanding emergency room facilities, as directed by the Council, and present any proposed amendments thereto to the Council. The Council declares that it will give due and timely consideration to recommended changes to the Code. Section 6. Effective Date. This Ordinance shall take effect fifteen (1 5) 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 _ day of • 2016, ordered published in fu ll in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2016, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge , Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2016. 2 SIGNED by the Mayor on this ____ day of _________ , 2016. ATIEST: Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor Approved As To Form Gerald E. Dahl, City Attorney 3 ... \ 4 ~ .. ~ ., City of • ·~Wheat&_dge ~Oma OF THE Crrv MANAGER Memorandum TO: Mayor and City Council FROM: Patrick Goff, City Manager Ken Johnstone, Community Development Director DATE: March 2, 2016 (for March 7th Council Meeting) SUBJECT: Freestanding Emergency Rooms Introduction Colorado has recently experienced a substantial growth in freestanding emergency rooms (ERs). increasing from 2 in 2012 to at least 35 by the summer of2016. There has been one rezoning request to allow for this business model in Wheat Ridge. There has also been a tremendous amount of media coverage around freestanding ERs, primarily focused on patient confusion concerning the difference between freestanding ERs and urgent care centers (see attachments). On November 23, 2015, consensus was reached by City Council to include a discussion concerning freestanding ERs on a future study session agenda. Prior Actions In 2015, an application was received by the City to rezone the property located at the southeast comer of 38th A venue and Wadsworth Boulevard from mixed-use neighborhood (MU-N) to mixed-use commercial (MU-C). If approved the MU-C zoning would have potentially allowed various commercial and mixed uses. However, the stated intent of the applicant requesting the rezoning was to all ow for the construction of a freestanding emergency room on the site. Freestanding ERs are not a specified use in the City's zoning use charts. However, staff has determined the use is similar to both a hospital and medical office use. Based on hours of operation and heavy reliance on customers arriving by ambulance, staff determined these freestanding ERs are most simjJar to the emergency room activity associated with a hospital. A medical office is allowed in MU-N zone district and both medical offices and hospitals are allowed in MU-C zoning. Hospitals are allowed in a MU-C zone district (upon review and approval of an administrative conditional use permit); but not allowed in MU-N, which is the property's current zoning. Staff presented the rezoning application and a recommendation of approval to Planning Commission at a public hearing on October I, 2015. By a vote of 4 to I, the Planning Commission recommended denial of the request for the following reasons: I. TI1e proposed zone change is unnecessary because sufficient MU-C zoning exists in the immediately adjacent areas located next to the site. 2. The proposed zone change may negatively impact the public health , safety, or welfare of Attachment 2 the community. 3. The proposed zone change is not compatible with the surrounding area; that being the church and the adjacent properties that wi ll probabl y be subjected to zoning change requests in the future. 4. No certificate of need is needed for new hospitals in Colorado, which is an oversight. 5. There is no need for this use and no need for additional MU-C zoning. The rezoning was introduced to City Council on first reading on October 26, 2015 . The first reading on the bill was approved 6 to 2. A public hearing was scheduled for November 23, 2015 but the applicant fonn ally withdrew their rezoning appli cation prior to the public hearing. Background As a policy matter, it is appropriate for City Council to consider whether there are operatio nal or other aspects of these businesses that require them to be regulated in a different manner. There are many uses that are called out specifically in the City's municipal code for special regulation. Chapter II -Licenses and Permits. By way of example, pawn brokers, marijuana related businesses, amusement arcades, night clubs and social clubs all are subject to special licensing requirements contained in Chapter I I. It could be appropriate to consider requiring freestanding ERs go through a special licensing process to address specific issues of concern. Chapter 26 -Zoning. Various uses are required by Chapter 26 (Zoning and Development) to go through an additional review process. There are dozens of uses that require either special use review or conditional use review (mixed use districts only). Examples of special uses include day care, certain auto related uses, private schools, contractor's yards and certain fueling stations. Even government buildings with outside storage can trigger a special use review. The special use review process starts with a neighborhood meeting and can be reviewed and approved admi nistratively. Under certain circumstances, special use review will come before City Council to approve or deny or approve with conditions. It could be appropriate to consider requiring freestanding ERs to be reviewed as either a special use or conditional use. There are likely various other zoning options that could be considered for application on these facili ties, if it is detennined that they generate unique impacts in the community or in a neighborhood. The City imposes minimum separation requirements on certain uses. The City has maximum "caps" on the number of billboards and marijuana establishments, which would be another option to consider. Conclusions Staff is requesting preliminary policy direction from City Council whether to conduct additional re earch regarding rreestanding ERs. The intent would be to detennine whether any local regulatory changes are needed to address unique impacts associated with this land use and business model. If so directed, staff would recommend additional research and li kely conduct some type of convening of affected parties who operate in this or related industries. Attachments 1. Various media articles 2 .. " .. ' • ., City of • JP'WheatR.l._dge ITEM NO:~ DATE: March 28,20 16 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 23-2016 -A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE JEFFERSON COUNTY COMMUNICATIONS CENTER AUTHORITY (JEFFCOM) BETWEEN THE ARVADA, GOLDEN, LAKEWOOD, AND WHEAT RIDGE POLICE DEPARTMENTS, THE JEFFERSON COUNTY SHERIFF'S OFFICE, AND THE ARVADA, EVERGREEN AND WEST METRO FIRE PROTECTION DISTRICTS D PUBLIC HEARING D BIDS/MOTIONS [gi RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR L ST READING 0 ORDINANCES FOR 2N° READING D YES [gi NO CiQ~!Jm}{ A single call-taking and dispatch center for the police and fire agencies in Jefferson County would enhance 91 1 services for all agencies in the County while also reducing costs associated with technology and staffing required today for each individual dispatch center. The Chiefs of each of the involved agencies have been working together with the Jefferson County Emergency Communications Authority (JCECA) to develop an Intergovernmental Agreement (IGA) for City Council consideration that establishes the Jefferson County Communications Center Authority (Jeffcom) for the purposes of consolidating emergency 9 11 services. PRIOR ACTION: In 2008, the Wheat Ridge Police Department conducted a staffing study of the communications center tbl'Ougb the Association of Publ ic Safety Communications Officials (APCO). The study recommended h.iring four to five additional emergency services specialists (ESS) based on the Council Action Fom1 -IGA for Jefferson County Communication Authority March 28. 2016 Page 2 existing workload and best business practices for communication center scheduling. Two additional ESS positions were approved in the 2015 Budget. ln 2009, the chief law enforcement representatives in Jefferson County met and agreed to examine the consolidation and regionalization of services that would benefit the agency and community. The possibility of regionalized communications services was described in a staff report dated January 2 1, 20 I 0 and staff has regularly updated City Council on this effort. The county and city representatives had approved a Memorandum of Understanding in December 2013, supporting the exploration of the consolidation or merger oflaw enforcement commw1ication centers. In September 2014, a second Memorandum of Understanding was signed by each agency head and included the participation of the Arvada, Evergreen and West Metro Fire Protection Districts. The JCECA has funded two consultant studies on consolidation/regionalization by Mission Critical Partners in 2013, and Revolution Advisors in 2014. Both studies noted there was a significant opportunity for regionalization that provided benefits to the citizens in the participating communities from a financial and service-level perspective. On February 23, 2015, Council heard a presentation from the consulting group Revolution Advisors that recommended a single communication center for the county. Revolution Advisors managing director, Brian Wilkerson outlined the cost savings and enhanced services that this model would provide. Since that time. an Executive Director Judith Wishinskey-Price has been hired to oversee the planning and in1plementation for a new center. Significant work has been completed on the funding model for the new center and committees have been formed to begin working on the framework. On March 21, 2016, Brian Wilkerson, the consultant for this effort, outlined the work that had been done by the member agencies to develop an IGA for the formation of the regi onal communications center known as Jeffcom. A staff report accompanied that presentation. To date, the Arvada and West Metro Fire Protection Districts have approved the IGA. Plans are in place for approval of the IGA by the City Councils of Golden, Lakewood and Arvada, the Jefferson County Board of Commissioners and the Evergreen Fire Protection District Board. FINANCIAL IMPACT: A combination of sources would fund Jeffcom . These include the JCECA. member agencies and fees collected from agencies contracting with Jeffcom for dispatch services. The projected Wheat Ridge annual cost for Jeffcom participation is $657,222. By comparison, the 2016 budgeted amount for the operation of our current dispatch center is $924,709. It is anticipated that not all duties currently done by the WRPD dispatch center will be transferred to Jeffcom so some additional staffing costs can be anticipated to handle those duties. BACKGROUND: Staffing has been an on-going challenge for the WRPD Communications Center for many years. Although Counci l approved additional staffing in 20 L 5, the department has been unable to fill Council Action Form -IGA for Jefferson County Communications Authority March 28, 2016 Page 3 those positions. In additi on, communication technology is costly and has a limited life span. Regionalization allows agencies to pool resources to purchase new or updated technology once rather than duplicating it in several communications centers. The new center provides an opportunity for increased staffing to handle emergency calls fo r service, dispatching services for police, fire and EMS, and the personnel to handle emergencies that might arise in the communities. The WRPD has util ized the regionalization model on several projects for the purpose of maximizing community services at an affordable price. Examples of this are West Metro Regional SWAT Team, the Colorado Metropolitan Auto Theft Task Force (CMA IT), the Jefferson County Regional Crime Lab and th e Records Management System Consortium. REC0l\1]\1ENDATIONS: Staff recommends the Council approve the IGA establishing the Jefferson County Communications Center Authority and that the Wheat Ridge Police Department become a participating member agency. RECOMMENDED MOTION: "I move to approve Resolu tion No. 23-2016, a resolution approving the Intergovernmental Agreement establishing the Jefferson County Communications Center Authority (Jefl'com) between the Arvada, Golden, Lakewood. and W11eat Ridge Police Departments, the Jefferson County Sheriff's Office, and the Arvada, Evergreen and West Metro Fire Protection Districts." Or, "I move to postpone indefinitely Resolution No. 23-2016, a resolution approving the IntergovernmentaJ Agreement establishing the Jefferson County Communications Center Authori ty (Jeffcom) between the Arvada, Golden, Lakewood, and Wheat Ridge Poli ce Departments, the Jefferson County Sheriffs Office, and the Arvada. Evergreen and West Metro Fire Protection Districts for the foll owing reason(s) " REPORT PREPARED/REVIEWED BY: Dave Pickett, Division Chief Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: I. Resolution No. 23-2016 2. IGA establishing Jeffcom 3. StaffReport from March 21,2016 CITY OF WHEAT RIDGE , COLORADO RESOLUTION NO. 23 Series of 2016 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE JEFFERSON COUNTY COMMUNICATIONS CENTER AUTHORITY (JEFFCOM) BETWEEN THE ARVADA, GOLDEN, LAKEWOOD , AND WHEAT RIDGE POLICE DEPARTMENTS, THE JEFFERSON COUNTY SHERIFF'S OFFICE, AND THE ARVADA, EVERGREEN AND WEST METRO FIRE PROTECTION DISTRICTS WHEREAS, the City of Wheat Ridge, Colorado (the "City), acting through its City Council ("Council") is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for protection of the public health, safety and welfare; and WHEREAS, C.R.S. § 29-1-203 authorizes Colorado local governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each; and WHEREAS, the City and the cities of Arvada, Golden and Lakewood; the Jefferson County Sheriffs Office and the Arvada Fire Protection District, the West Metro Fire Protection District, and the Evergreen Fire Protection District, are each authorized to provide certain first responder services; and WHEREAS, pursuant to Article 11 , Title 29, C.R.S., each such entity is further granted the authority to establish 9-1-1 emergency wireless and telephonic systems to aid in the dispatch of emergency services of all types, including establishment and collection of charges or fees for such services; and WHEREAS, each of the above-named entities has jurisdictional territory within Jefferson County, many with boundaries contiguous to and overlapping with another entity's boundaries; and WHEREAS, the proximity and overlap of said entities often resu lts in more than one jurisdiction responding to a call for service; and WHEREAS, the Council finds that a centralized and coordinated communications center for Jefferson County first responders is likely to increase the efficiency and coordination of dispatch services throughout the County, ultimately benefitting the public health, safety and welfare; and WHEREAS, the Council therefore wishes to approve the execution of an intergovernmental agreement with other County jurisdictions and agencies to establish the Jefferson County Communications Center Authority, to provide emergency services Attachment 1 reporting, dispatching, communications, coordination and support services to certain authorized users; and WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the Council, acting by resolution or ordinance, to enter into contracts or agreements with other governmental units. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: The attached Intergovernmental Agreement between the City; the cities of Arvada, Golden and Lakewood; the Jefferson County Sheriffs Office; the Arvada Fire Protection District; the West Metro Fire Protection District; and the Evergreen Fire Protection District, establishing the Jefferson County Communications Center Authority (Jeffcom), is hereby approved. The Mayor and City Clerk are authorized to execute the same. DONE AND RESOLVED this __ day of ______ , 2016. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk 2 INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE JEFFERSON COUNTY COMMUNICATIONS CENTER AUTHORITY 19%453 15 Sa~naturc Vcrsion24-16 (JEFFCOM) 433 S. Allison Way Lakewood, CO 80226 Phone: 303-539-9412 www.Jeffcom91 l.org Attachment 2 TABLE OF CONTENTS ARTICLE 1 -ORGANIZATION AND PRJNCIPAL PLACE OF BUSINESS .............................. 2 1.1 Organization ............................................................................................................................ 2 1.2. Principal Place of Business ..................................................................................................... 2 ARTICLE 2-DEFIN ITIONS ............................................................................................................... 2 2.1 APC0 ........................................................................................................................................ 2 2.2 A.nnual Budget ......................................................................................................................... 2 2.3 Annual Capital Reserve Fund Contribution ........................................................................ 2 2.4 Annual General Operating Fund Contribution ................................................................... 2 2.5 AVL .......................................................................................................................................... 2 2.6 Board ........................................................................................................................................ 2 2.7 CAD .......................................................................................................................................... 2 2.8 C all ............................................................................................................................................ 2 2.9 Capital Reserve Fund .............................................................................................................. 3 2.10 Cost Allocation Worksheet ..................................................................................................... ) 2.1 I Director .................................................................................................................................... 3 2.12 Effective Date ........................................................................................................................... 3 2.13 Emergency Services ................................................................................................................. 3 2.14 Executive Director ................................................................................................................... 3 2.15 Fiscal Year ............................................................................................................................... 3 2.16 G-eneral Operating Fund ........................................................................................................ 3 2.17 Jeffcom Sea·vice Area .............................................................................................................. 3 2.18 l\1ajority .................................................................................................................................... 3 2.19 MDTs ........................................................................................................................................ 3 2.20 Private Entity(ies) .................................................................................................................... 3 2.21 Public Agency(ies) ................................................................................................................... 3 2.22 Quorum .................................................................................................................................... 4 2.23 Rl\1S .......................................................................................................................................... 4 2.24 Ser vice User(s) ......................................................................................................................... 4 2.25 Super Majority ........................................................................................................................ 4 ARTICLE 3-PURPOSE, FUNCTIONS, AND SERVICES ............................................................ .4 3.1 Purpose ..................................................................................................................................... 4 3.2 Functions and Services ............................................................................................................ 4 3.3 Integration of Member and Jeffcom Communication Systems .......................................... 5 3.4 Po\vers ...................................................................................................................................... 7 3.5 F ifth Year Revie\V .................................................................................................................... 8 ARTICL.E 4 -MEMBERSR'IP ............................................................................................................. 8 4.1 Involuntary Termination of Member .................................................................................... 8 4.2 Consolidation by Men1bers ..................................................................................................... 9 4.3 \Vithdra\val of Members ......................................................................................................... 9 4.4 Addition of l\1embers ............................................................................................................ I 0 1996453.15 Signature Version 2-4-16 4.5 Membership Rights ............................................................................................................... 1 0 4.6 Tct·m, Termination, and Distribution ................................................................................. I 0 4.6.1 Term ................................................................................................................................ lO 4.6.2 Termination .................................................................................................................... 11 4.6.3 Distribution or Transfer of Assets Upon Termination ............................................... ll AATJCLE 5 -GOVERNANCE .......................................................................................................... 12 5.1 Board of Directors ................................................................................................................. 12 5.2 Alternate Directors ................................................................................................................ 13 5.3 Appointment .......................................................................................................................... 13 5.4 Vacancies ................................................................................................................................ l3 5.5 Compensation ........................................................................................................................ 13 5.6 Board Action .......................................................................................................................... 13 5.7 Meetings ................................................................................................................................. l3 5.7.1 All Meetings Public ........................................................................................................ 13 5.7.2 Regular Meetings ........................................................................................................... 13 5.7.3 Special Meetings ............................................................................................................. l4 5.7.4 Notice of Special Meeting .............................................................................................. l4 5.7.5 Waiver ofNotice ............................................................................................................. J4 5.7.6 Emergency Meetings ...................................................................................................... l4 5.7.7 Procedural Rules Governing Meetings ........................................................................ l5 5.8 Officers ................................................................................................................................... 15 5.8.1 Election and Term of Office .......................................................................................... IS 5.8.2 Removal .......................................................................................................................... 15 5.8.3 Duties and Authority of Officers .................................................................................. 15 5.8.4 Bonds of Officers, Employees and Agents ................................................................... 16 5.9 Governmentalln1n1unity ...................................................................................................... 16 5.10 Execution of Contracts .......................................................................................................... l7 5.1 1 Assets Held In Trust. ............................................................................................................. L 7 ARTICLE 6-OPERA TIONS ............................................................................................................. l 7 6.1 Executive Director ................................................................................................................. 17 6.2 Service Agreements with Service User s .............................................................................. 17 6.3 Pub tic Records ....................................................................................................................... 17 ARTICLE 7-FISCAL ADM1NISTRATION .................................................................................. l8 7 .I Fiscal Management ............................................................................................................... 18 7.2 Initial Budget ......................................................................................................................... 18 7.3 Annual Budget ....................................................................................................................... IS 7.3.1 General Operating Fund ............................................................................................... 18 7.3 .2 Capital Reserve Fund .................................................................................................... 19 7.3.3 Service User(s) Costs ...................................................................................................... l9 7.3.4 Transitional Funding ..................................................................................................... 19 7.4 Payment of Contributions .................................................................................................... 19 II 1996453.15 Signmu•-c Vcrsion2-4·16 7.5 Late Payments ....................................................................................................................... 20 7.6 Annual Audit ......................................................................................................................... 20 7. 7 Non-Appropriation ............................................................................................................... 20 7.8 General Financial Matters .................................................................................................... 20 7.8.1 Negotiable Instruments ................................................................................................. 20 7.8.2 Financial Obligations and Debt Not That of Members .............................................. 20 7.8.3 Financial Support ........................................................................................................... 20 7.8.4 Compliance \vith State La,vs ......................................................................................... 20 7.8.5 Records Subject to lnspection ....................................................................................... 21 ARTICLE 8-COMMITTEES ........................................................................................................... 21 8.1 Operations Committees ........................................................................................................ 2 1 8.2 Advisory Comn1ittec ............................................................................................................. 21 ARTICLE 9-MISCELLANEOUS .................................................................................................... 22 9.1 otices .................................................................................................................................... 22 9.2 No Third Party Beneficiaries ............................................................................................... 22 9.3 Amendn1ents .......................................................................................................................... 22 9.4 No Assignment ....................................................................................................................... 22 9.5 Severability ............................................................................................................................ 22 9.6 Governmcntalln1munity ...................................................................................................... 22 9.7 Governing Law, Jurisdiction and Venue ............................................................................ 23 9.8 Waiver of Breach ................................................................................................................... 23 9.9 Dispute Resolution ................................................................................................................ 23 9.10 Execution ................................................................................................................................ 23 Ill IIJ%453.15 Signatun: Ver.;ion2-4-16 This IN TERGOVERNMENTAL AGREEMENT ESTABLISHING THE JEFFERSON COUNTY COMMUNICATIONS CENTER AUTHORITY ("Agreeme11t") is made and entered as of the Effective Date (defined below) by and among the following entities, all of whom constitute the "Members": 1. Arvada Fire Protection District, a political subdivision of the State of Colorado, organized pursuant to Article 1, Title 32, C.R.S.: 2. West Metro Fire Protection District, a political subdivision of the State of Colorado, organized pursuant to Article 1, Title 32, C.R.S.: 3. Evergreen Fire Protection District, a political subdi vision of th e State of Colorado, organized pursuant to Article I, Title 32, C.R.S.; 4. The City of Arvada, a home rule municipality, incorporated and existing under the laws of the State of Colorado; 5. The City of Wheat Ridge, a home rule municipality, incorporated and existing under the laws of the State of Colorado; 6. The City of Golden, a home rul e municipality, incorporated and existing under the laws of the State of Colorado; 7. The City of Lakewood, a home rule municipality, incorporated and existing under the laws of the State of Colorado; and, 8. The Jefferson County Sheriffs Office. REC ITALS A. Article X IV, Section 18(2)(a) of the Constitution of the State of Colorado and Part 2, Article I, Title 29, C.R.S., encourage and authorize intergovernmental agreements. B. Section 29-1-203, C.R.S., authorizes governments to cooperate and contract wi th one another to provide any function, service, or facility lawfull y authorized to each, and to establish a separate legal entity to do so. C. Pursuant to Article II, Title 29, C.R.S., the Members are granted the authori ty to establish 9-1-1 emergency wireless and telephonic systems to aid in the dispatch of emergency services of all types, including establishment and collection of charges or fe es for such services. D. The Members are each la wfull y authorized to establish, operate and provide an emergency services communications and dispatching center. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Members agree as follows: 1996453 IS Page I of35 Sagn:uurc Vcrsion2-4-16 ARTICLE 1-ORGANIZATION AND PRINCIPAL PLACE O F BUS lNESS 1.1 Organization. There is hereby established a separate legal entity named the "Jefferson County Communications Center Authority" that may do business as "Jeffcom". Jeffcom shall constitute a "public entity" within the meaning of the Colorado Governmental Immunity Act, Section 24-1 0-10 I, C.R.S., er seq., as amended, and for any other purpose. 1.2. Principal Place of Business. The principal place of business of Jeffcom wi ll be establi shed by the Board. lnitially, the p1incipaJ place of business of Jeffcom will be 433 S. Allison Way, Lakewood, CO 80226. ARTICLE 2-DEFLNIT IONS In addition to tenns defined elsewhere in this Agreement, the fo llowing tcnns shaJI have the following meanings: 2.1 "APCO" means the Association of Publ ic Safety Communications Officials. 2.2 "Annual Budget" means tbe fiscal plan adopted annually by the Board regarding anticipated revenues and expenditures, and the funding of or expenditure from the Capital Reserve Fund, of Jeffcom during the ensuing fiscal year. 2.3 "Annual Capital Reser ve Fund Contribution" means funds contributed to Jeffcom by each Member, at a level detennined by th e Board as sufficient to maintain a reasonable balance in Jeffcom's Capital Reserve Fund. 2.4 "Annual General Operating Fund Contribution" means funds contributed to Jeffcom's General Operating Fund by eacb Member, at a level detennined by the Board as sufficient to fund Jeffcom's General Operating Fund each tiscal year, to be calculated in accordance with Section 7.3. 2.5 "A VL" means automatic vehicle location technology. 2.6 "Board" means th e Board of Directors of Jeffcom, as established in this Agreement. 2.7 "CAD" means computer-ajded dispatch. 2.8 "Call" means an emergency or a non-emergency request for service received by a telephone, radio or other electronic device that generates a CAD event and a primary unit assignment by Jeffcom. Jeffcom will allocate each Call to the Member whose service and 1996-153.15 Page 2 of35 S•SJ!31u~ Vt-n~i(Jn 2-4-16 territory encompasses the area within which the Call originated and the service was requested, regardless of the entity that responds to the Call. 2.9 "Capital Reserve Fund" means a reserve fund established and maintained by Jeffcom for the purpose of funding the repair, replacement or purchase of equipment and other technology infrastructure. 2. I 0 "Cost Allocation Worksheet" means a worksheet prepared annually by the Board setting forth each Member's Annual General Operating Fund Contribution and Annual Capital Reserve Fund Contribution for the next immediately following fisca l year. 2.1 I "Director" means a member of the Board. 2. I 2 "Effective Date" means the date the last Member approves and signs this Agreement. 2. J 3 "Emergency Services" means one or more of the following services: law enforcement, fire, extrication, rescue, hazardous materials, ambulance, and/or emergency medical. 2.14 "Executive Director" means the person hired by the Board. who is responsible for the administration and operation of Jeffcom, as set forth in Section 6.1. 2.15 "Fiscal Year" means the fiscal year of Jeffcom, which is concurrent with the calendar year. 2. I 6 "General Operating Fund" means the fund established by Jeffcom into which all Annual General Operating Fund Contributions, and all other revenues from any source (except Annual Capital Reserve Fund Contributions) are deposited and from which all financial obligations and expenditures of Jeffcom are paid (except for the repair, replacement or purchase of equipment and other technolobry infrastructure that is paid for directly from the Capital Reserve Fund). 2.17 "Jeffcom Service Area" means any area that is within the jurisdiction or service area of a Member or a Service User. 2.18 "Majority" means one more than half the Directors present at a regular, special or emergency meeting where a quorum of Directors are present in-person. telephonically or by any other media by which each Director can hear and be heard by the other Directors. 2.19 "MDTs" means mobile data tenninals. 2.20 "Private Entity(ies)'' means a non-govemmental entity that provides Emergency Services entirely or partially within Jefferson County. 2.21 "Public Agency(ies)" means a department of the federal govemment, a department of the Colorado State government, a county, municipality, special district, or other local government that provides Emergency Services entirely or partially within Jetierson County. 19<>6453 15 Page 3 of35 Signalure Vc:n:ion 2-4-1 6 2.22 "Quorum" means more than one-half the number of Directors serving on the Board at the time of the regular, special or emergency meeting, whether participating in-person. telephonicall y or by any other media by which each Director can hear and be heard by the other Directors. A vacant Director position will not be counted for purposes of determining if a quorum is present. A Director who abstains from a vote will still be counted for purposes of determining if a quorum is present. 2.23 "RMS" means records management system. 2.24 "Service User(s)" means a Public Agency or a Pri vate Entity that has entered into an agreement for services with Jeffcom. A Service User cannot become a party to this Agreement and cannot be a Member of Jeffcom. 2.25 "Super Majority" means sixty-six percent (66%) of the Directors at the time of a regular or special meeting where a quorum of Directors are present in-person, telephonically or by any other media by which each Director can hear and be heard by the other Directors. At least two Directors representing Members that provide fire ervices, and at least three Directors representing Members that provide law enforcement services. must vote in favor of a matter requiring a Super Majority vote. ART IC LE 3-PURPOSE, FUNCTIONS, AND SERVICES 3.1 Purpose. The purpose of Jeffcom is to provide, withi n the Jeffcom Service Area, Emergency Services reporting, Emergency Services dispatching, Emergency Services communications, and coordination and support services between Members and between Members and Service Users. Jeffcom's primary focus will be to promote the safety of the public within the Jeffcom Service Area and to promote the safety of the law enforcement personnel, firefighters. and emergency medical services personnel of Members and Service Users. The Board will determine the specific types of services provided by Jeffcom based on the needs and interests of its Members. 3.2 Functions and Services. The functions and services of Jeffcom are: 3.2.1 The acquisition, operation and maintenance of real and personal property, systems, equipment and other materials necessary to facili tate the provision within the Jeffcom Service Area of Emergency Services reporting, Emergency Services dispatching, Emergency Services communjcations, and coordination and support services, including contracting for Emergency Services with, or acquisition, operation and maintenance of~ an Emergency Services dispatching and communications center. 3.2.2 To provide such other services or fu nctions reasonably related to reporting communications, dispatching, and technological support services for Emergency Services providers, as may be authorized by law to the Members, and as determined by the Board to be in the best interests of the Members and persons residing within the Jeffcom Service Area, including but not limited to: 1996453 15 Page 4 of35 Stgnnture Version 2-4-16 (a) Providing Call banding and dispatch services to all Members and Service Users 24 hours per day, 7 days per week, 365 days per year within the Jeffcom Service Area; (b) Ensuring that all dispatchers meet the training standards as established by Jeffcom's Executive Director, whjch shall not be Jess than the minimum nationally recognized training standards; (c) Ensuring rugb quality Emergency Services reporting, Emergency Services communications, Emergency Services dispatching, and coordination and support services through the utilization of a nationally recognized quality assurance program, and a quality management program that complies with Section 25-3.5-90 I, C.R.S., et seq., as may be amended; (d) Providing public education for Member communities, including cooperation with Members and 911 authorities to provide youth 9 11 education, business- based 9 11 education, and public presentations on these and similar topics; (e) Providing management infom1ation reports quat1erly to all Directors consistent with reporting customarily provided to Emergency Services providers; (f) Providing geographic infonnation system ("GIS") support servjces for the maintenance of map data in the Jeffcom Service Area, including street centerlines and other dispatch related layers required for vehicle routing, unit response recommendations and dispatching: (g) Providing support to Members for all non-radio based wireless data communications, such as MDTs and A VL devices; and, (h) Providing assistance with the integration of the preplan data of each Member and each Service User into the CAD system. (i) Provide a continujty of operations plan including infrastructure and necessary partner agreements. 3.3 Integration of Member and Jeffcom Communication Systems. Each Member's equipment and software existing on the Effective Date that will either directly or indirectly communicate with Jeffcom, including but not limited to, technology such as RMS, station alerting, GIS and A VL systems, wireless modems and MDTs, shall be deemed approved by the Board. Equipment and software utilized by parties to the Jefferson County Regional Records Management System Consortium (RMSC) on the Effective Date shall be deemed approved by the Board. After the Effective Date, a Member may not add, repair, or replace equjpment or software that would adversely affect Jeffcom's operation without the Board's approval. 1996453.15 Page 5 of35 Sagnaturc Ve~ion 2-+16 3.3.1 Members must provide any tratnmg required to enable Jeffcom personnel to support Member-specific equipment and software that either directly or indirectly communicates with Jeffcom. 3.3.2 Members are responsible for any costs associated with implementing 1nterfaces, network communication solutions or other such equipment on existing or future Jeffcom systems or infrastructure. 3.3.3 Other communications equipment. including but not limited to. apparatus radios, portable radios, cellular communications and network infrastructure that may be necessary for the Member's equipment to function within Jeffcom's systems or infrastructure, but are not defined within this Agreement, are the sole responsibility of the Members. Purchase and maintenance of such equipment may be facilitated through the auspices of Jeffcom at the sole expense of the Member seeking the services of Jeffcom in tltis regard. Such costs will be invoiced independent of the Member's Annual General Operating Fund Contribution and Annual Capital Reserve Fund Contribution. 3.3.4 Costs associated with utility company circuits. connections and monthly sen rices. which are used for station communications. station notification systems, RMS interfaces and other such communications, will be borne by individual Members. 3.3.5 Members shall not. without the prior written consent of Jeffcom and the system hardware/software providers, copy or reproduce the hardware. software or finnware used within the system, in whole or in part, and shall not make such items available to others. 3.3.6 Jeffcom will integrate and maintain the Member's geographic data necessary for processing dispatches in a timely manner. Members must provide all geographic data in forn1ation, incl uding timely updates, to Jeffcom. 3.3.7 Identified equipment of each Member may be integrated into the Jeffcom system so as to make tbe equipment no longer capable of being removed from the system. Such equipment will be identified by the governing body, along with equipment which may be subject to removal pursuant to a Member's termination of its membership and removal. This equipment will be considered a Jeffcorn asset. If a Member leaves. the Member will get a prorated portion of tbe value of that equipment based upon standard depreciation tables with a maximum usable life of ten years. If neither Party wishes to continue ownership of the identified equipment, the equipment may be sold to third parties, with each Party recouping their proportional share of its investment. 3.3.8 Upon U1e end of the usable life of any identified equipment of any Member, the Board may authorize the use of Capital Reserve Funds to acquire replacement equipment, whether through purchase, lease or otherwise. To the extent reasonably possible, equipment replaced by Jeffcom shall be returned to the respective Member for disposal in accordance with the Member's policy. A 11J96453 15 Page 6 of35 Signmun: Vo:Ninn2-1·16 Member that has all or a portion of its identified equipment replaced shall not have an individualized interest in the replacement equipment and shaJI not be entitled to a prorated portion of the depreciated value of the replacement equipment pursuant to subsection 3.3. 7, above, if the Member leaves Jeffcom. In the discretion of the Board, costs, repairs and maintenance required for Jeffcom- owned equipment may be pajd out of the either the General Operating Fund or the Capital Reserve Fund. 3.3.9 Any identified equipment of any Member provided to Jeffcom that is deemed "surplus" by Board Action under section 5.6 below may be sold or otherwise disposed of in the ruscretion of the Board, with proceeds from any such disposition to be paid to the Capital Reserve Fund. The Member(s) that provided such surplus equipment shall be entitled to a credit for the depreciated value of the identified equipment in the event of dissolution under subsection 4.6.3(b)(ii) below. 3.4 Powers. To enable Jeffcom to carry out its functions and provide the services described in this Agreement, Jeffcom will have the fo llowing powers: 3.4.1 To acquire, construct, manage, maintain, or operate an Emergency Services commurucations and dispatching center on behalf of the Members; 3.4.2 To acquire, hold. lease (as Lessor or Lessee), sell, or otherwise dispose of any legal or equitable interest in real or personal property; 3.4.3 To conduct its business and affairs for the benefit of Jeffcom, the Members, and the constituents Jeffcom serves, including residents, property owners, and visitors; 3.4.4 To enter into, make and perform contracts of every kind as authorized by law with other local governmental entities, the State of Colorado or any political subdivision thereof, the United States, or any political subdivision thereof, and any individual, finn, association, partnership, corporation, or any other organization of any kind; 3.4.5 To employ agents, including, but not limited to, engineers, attorneys, architects, and consultants as it deems appropriate; 3.4.6 To hire, manage and tenninate employees, and to adopt personnel policies, procedures and protocols applicable to such employees; 3.4.7 To incur debts, liabi lities, or obligations to the extent and in the manner pem1itted by law, and borrow money and, from time to time, to make, accept, endorse, execute, issue, and deliver bonds, notes and other obligations of Jeffcom for monies borrowed, or in payment for property acquired, or for any of tbe other purposes, services or functions of J effcom; and as provided, and to the extent pennitted, by law, to secure the payment of any such obligations by mortgage, pledge, deed, indenture, agreement. or other collateral instrument, or by other lien 1996453.15 Page 7 of35 Signalun: Vcrsion2+16 upon assignment of all or any part of the properties, rights. assets. contracts, easements, revenues, and privileges of Jeffcom. Jeffcom will have no authority or power to levy or collect taxes of any kind; 3.4.8 To own, operate, and maintain real and personal property and facilities directly or in common with others, and to conduct joint, partnership. cooperative, or other operations with others. and to exercise all the powers granted herein in joint, partnership, or cooperative efforts and operations witJ1 others; 3.4.9 To sue, and to be sued, in its own name; 3.4.1 0 To have and use a corporate seal; 3.4.1 I To fix , maintain and revise fees, rates, tolls, assessments, and charges for functions, services or facilities provided by Jeffcom in the manner provided by law; 3.4.12 To adopt bylaws, policies. and procedures with respect to the exercise of its powers and carrying out of its purposes; 3.4.13 To exercise any other powers that are necessary for the provision of functions, services, or facilities by Jeffcom, whether set forth in this Agreement or implied by or inherent in a power granted to Jeffcom by this Agreement or law; 3.4. I 4 To receive contributions, gifts. donations, bequests, or grants of any type or nature, including but not limited to cash, real or personal property, equipment, or services; and. 3.4. I 5 To contract with any public or private individual or entity to provide necessary or desirable services to Jeffcom. 3.5 Five Year Review. Every five years following the Effective Date, all of the then-existing Members will evaluate whether the purpose, functions and services stated in this Agreement are being met or provided. and whether any provision(s) of this Agreement should be modified to better meet or provide such purpose, functions. and services. ARTICLE 4-MEM BERS HIP 4. I lnvoluntarv Termination of Member. The Board may terminate any Member's participation in Jeffcom. and remove such Member as a party to this Agreement upon tl1e occurrence of either of the following: (i) the Member's breach of this Agreement (a "Breach "); or (ii) the Member's fajlure to pay in full at the required time either its Annual General Operating Fund Contributions or its Annual Capital Reserve Fund Contributions (a "Failure to Pay"). The procedure for such termination and removal shall be as follows: 4. I .1 Super Majority Vote. Termination and removal shall require a Super Majority vote of lhe Board at a regular or special meeting during which the accused 199MS3 15 Page 8 of 35 Sigmnurc Vcn.ion 2-4-16 Member shall have the opportunity to present relevant evidence in its defense as detem1ined by the Board. 4.1.2 Opportunity to Cure. lf the Board votes to tem1inate and remove a Member as set forth above, the Member shall have thirty (30) calendar days to cure a Breach, or ten (I 0) calendar days to cure a Failure to Pay, as applicable. 4.1.3 Final Termination Vote. At a regular or special Board meeting, the Board shall detennine whether the accused Member cured the violation within the applicable cure period. The Board may review such evidence as it detennines is reasonable and necessary and shall thereafter vote on the matter. Whether the accused Member successfully cured the violation shall be determined by a Majority vote. If this meeting is to evaluate the cure of a Breach, thi s meeting shall be held not Jess than thirty (30) days nor more than sixty (60) days after a Super Majority vote to terminate and remove a Member. lf the meeting is to evaluate the cure of a Failure to Pay, this meeting shall be held not less than ten (I 0) days nor more than thirty (30) days after a Super Majority vote to terminate and remove a Member. If the Board determines that the accused Member did not cure the violation, the accused Member's participation in Jeffcom shall immediately terminate and the Member shall be removed as a party to this Agreement. The Board may approve continuation of service to Member that has been terminated until service can be obtained by another provider or means for a period not to exceed six (6) months as long as progress is documented on the transfer of service. 4.1.4 Effect ofTermination. (a) Upon such termination. the terminated Member shall have no further interest, right or title in or to any assets or equity of Jeffcom. (b) Tenn ination of one or more Members shall not cause termination of this Agreement. 4.2 Consolidation bv Members. Consolidation by a Member with anotl1er Member or non- Member to fonn a single legal entity wi ll neither terminate this Agreement nor constitute a withdrawal by the consolidating Member or Members. All rights and obligations of such consolidating Member or Members will inure to the newly created single legal entity, except that no consolidation by a Member will increase any non-consolidating Member's share of the Annual Capital Reserve Fund Contributions required under thi s Agreement wi thout the written consent of such non-consolidating Member. Any consolidated Member will have one Director on the Board and wi ll be entitled to one vote. 4.3 Withdrawal of Members. A Member may withdraw from this Agreement at the end of any calendar year by written notice authorized by the goveming body of such Member that is given to the Board and every other Member no later than January 15th of that calendar year. To the extent permitted by law, a withdrawing Member will remain liable for its share of any and all financial obligations and indebtedness of Jeffcom incurred J'>C}6453 1s Page 9 of 35 SognaiUI\' Version 2-4-16 whiJe the withdrawing Member was a Member of Jeffcom. Upon withdrawal, a withdrawing Member will have no further interest, right, or title in or to any assets or equity of Jeffcom, unless there is a specific written agreement to the contrary approved by the governing body of the withdrawing Member and a Super Majority vote of the Board. Withdrawal by any Member or combination of Members will not cause termination of thjs Agreement. A Member's non-appro priation of funds pursuant Section 7.7, will constitute a withdrawal pursuant to this Section 4.3; provided however, that the three hundred fifty (350) calendar days prior notice period will not apply and, instead, the Member will be deemed withdrawn as of January I of the Fiscal Year for wh.ich funds are not appropriated. A non-appropriating Member must notify every other Member as soon as reasonably practical when it is certain that its governing body will fail to appropriate the fu nds necessary for the Member to meet its financial obligations for the ensuing year. 4.4 Addition of Members. A new Public Agency may join Jeffcom as a Member of this Agreement upon the Super Majority vote of the Board consenting to the new Public Agency becoming a Member. Any new Member must identify the equipment which the new Member will integrate into the Jeffcom system. and the Board must approve any identified eq uipment. If the new Member does not have sufficient equipment, or if the identified equipment is duplicate, inefficient or obsolete with respect to the Jeffcom system, such equipment may be rejected by the Board in its sole determination. The Board may consider additional factors prior to consenting to the addition of a new Member. including but not limited to (i) whether the new Member currently maintains a separate communication center; (ii) the level of capital and other financial assets which the new Member may be assessed to join as a Member: and (iii) the functionality of any equipment currently owned by the new Member which may be integrated into the Jeffcom system. 4.5 l\1embership Rights. Each Member will have the right: 4.5.1 To receive Emergency Services communications, Emergency Se1v ices dispatching, Emergency Services reporting, and coordination services and support, from Jeffcom. Members shall pay for costs associated with the services and support provided by Jeffcom in accordance with the terms of this Agreement; 4.5.2 To a prorated share of the assets of Jeffcom upon termination of this Agreement, unless the Member has been involuntarily terminated or has withdrawn prior to the effective date oftennination of this Agreement; 4.5.3 To have a representative serve on the Board and to cast one vote on any matter corning before the Board; and, 4.5.4 To all other benefits and privi leges bestowed on Members under this Agreement. 4.6 Term, Termination, and Distribution. 4.6.1 Term. The term of this Agreement shall be unlimited. and shall continue until tem1inated as provided herein. IIJ%453 ts Page 10 of35 Signmurc Vc~ion2-4-16 4.6.2 Termination. This Agreement may be tenninated at any time by written agreement of all Members, or aU Members except one, who are a party to this Agreement at the time of such termination. 4.6.3 Distribution or Transfer of Assets Upon Termination. If this Agreement is tenninated pursuant to Section 4.5.2, the Board by unanimous affi rmative vote of all. or one less than all, of the Directors serving on the Board at the time of termination, will determine whether all of Jeffcom's tangible and intangible property and assets ("Assets") are distributed to the Members or transferred to a successor entity(ies). I Ci9645J IS (a) Transfer to Successor Entitv(ies). If the Assets are to be transferred to a successor entity(ies), the Assets will be transferred in such manner as is determined by unanimous affirmative vote of all, or one Jess than all , of the Directors serving on the Board at the time of termination, subject to any outstanding liens, mortgages, or other pledges of such Assets. (b) If the Assets are to be distributed to the Members, they will be distributed pro rata to each Member as fol1ows: (i) All monies remaining in the General Operating Fund will be distributed to each Member based on the percentage that its last AnnuaJ General Operating Fund Contribution bears to the total amount of that General Operating Fund. (ii ) With respect to the Capital Reserve Fund. each Member will be paid for the depreciated value of any equipment it transferred to Jeffcom at the time it became a party to this Agreement. If there are insufficient funds in the Capital Reserve Fund to pay each Member for the depreciated value of any equipment it transferred to Jeffcom, then the Member will receive a prorated portion of the monies in the Capital Reserve Fund based on the percentage that the depreciated value of its equipment bears to the total of all depreciated equipment transferred to Jeffcom by the Members. If there are any moni es remaining in the Capital Reserve Fund after each Member has been reimbursed for the depreciated value of the equipment it transferred to Jeffcom, each Member will receive a prorated portion of those monies based on the percentage that its last Annual General Operating Fund Contribution bears to the total amount of that General Operating Fund. (iii) With respect to equipment purchased by Jeffcom using the Capital Reserve Fund, the Board may, in its discretion, choose to allow Members to purchase the equipment from Jeffcom at a reasonable depreciated value or to auction or otherwise dispose of the equipment, with proceeds distributed to the Members pro rata based on the percentage that each Member's last Annual General Operating Fund Page II of35 Stgnuturc Yen. ion 2-4·16 Contribution bears to the total amount of Annual General Operating Fund Contributions. (iv) By unanimous affirmative vote of all Directors servi ng on the Board at the time of tennination, or the affirmative vote of all Di1·ectors serving on the Board at the time of termination except one, the Board may provide for an alternate disposition of Jeffcom's As ets between and among the Members. ART I CL E S -GOVERNANCE 5.1 Board of Di rectors. The Board will consist of one Director appointed by each Member (exclusive of any Member that withdraws or is involuntarily terminated) and will have the foHowi11g responsibilities and authority: 5.1.1 Voting authority: 5.1.2 Go verning the authority by establishing broad policies and objectives; 5.1.3 Selecting, appointing, supporting, and reviewing the perfonnance of the Executive Director; 5.1.4 Reviewing reports to ensure compliance with set standards; 5.1.5 Ensuring the availability of adequate financial reso urces now and into the future: 5.1.6 Approving contracts fo r services to Service Users: provided, hO\ ever, that the Service Users identified in Exhibit A shall deemed approved by the Board as of the Effective Date and the Executive Director is authorized to sign a service contract with each such Service User, which service contract shall be in a fonn approved by the Board: 5.1.7 Approving contracts to receive services form other individuals or entities. 5.1.8 Detern1ining the Annual General Operating Fund Contribution and Annual Capital Reserve Fund Contribution; 5.1.9 Approving th e Annual Budget, including the annual Work Sheet; 5.1.1 0 Approving expenditures; 5.1.11 Creating insurance, personnel, security, records management, risk management, and other policies necessary to the efficient and effective operation of Jeffcom; 5.1.12 Establishing one or more committees; 5. I .13 Accounting to the Members for the performance ofJeffcom; and I <196453.15 Signature Ver.;ion 2-4-1(1 Page 12 of35 5.1.14 Setting compensation and benefits of Jeffcom personnel. 5.2 Alternate Directors. Each Member will appoint an alternative representative to serve as the Director when the Director is absent or unable to perform his/her Director duties ("Aitem ate Director"). When used in this Agreement, the terms "Director" or "Directors" shall mean the Director or, in his/her absence, the Alternate Director of each Member. 5.3 Appointment. The governing body of each Member will appoint one individual to serve as a Director and one individual to serve as the Alternate Director. The Director and Alternate Director will serve at the pleasure of th e governing body of the appoi nti ng Member and either or both may be replaced at any time by the governing body of the appointing Member. An Alternate Director will act and vote onl y in the absence of the Director. 5.4 Vacancies. A vacancy occurring in the Board, whether such vacancy be the result of resignation, death, removal or disability, will be filled in the same manner as appointment of a Director as hereinabove provided. 5.5 Compensation. Directors will not receive compensation for their services. The Board may provide for reimbursement to the Directors of their actual and reasonable expenses incurred on behalf of Jeftoom. 5.6 Board Action. Final actions or decisions of the Board (including rati fi cation or rescission of action taken by the Board at an emergency meeting) may be taken or made only at regular or special meetings of the Board, call ed upon notice as required herein, at which a quorum is present. Except as set forth below or as otherwise provided in this Agreement, final actions or decisions of the Board shall be made by the affirmative vote of a Majority at a properly-noticed regular or special meeting at which a quorum is present. No Member shall be all owed more than one vote on any issue or matter coming before the Board . 5. 7 Meetings. 5. 7 .I All Meetings Public. All regular, special and emergency meetings of the Board will be open to the public and subject to the Colorado Sunshine Law, Part 4 of Article 6 of Title 24 of the Colorado Revised Statutes, as may be amended ("Su11sltine Law"). 5.7.2 Regular Meetings. Regular meetings shall be held a minimum of monthly. If the Executive Director determines that a meeting is not necessary he/she may contact the Board Members for direction as to whether a meeting shall be held or not. A schedul e of regular meetings of the Board may be set by resolution of the Board, which resolution wi ll identify the dates, times, and location(s) of said regular meetings to be held within the boundaries of Jefferson County, Colorado. Following adoption of said resolution scheduling regular meetings of the Board, no additional notice to the Directors will be required. Regular meetings of the 1996453.15 Page 13 of 35 S•gn:llul\' Vcn.1on 2~·1 6 Board will be posted in accordance with the Sunshine Law. Directors may participate in any re&rular meeting in-person, telephoni cally or by any other media by which each Director can hear and be heard by the other Directors. 5.7.3 Special Meetines. Special meetings of the Board may be called by any two (2) or more Directors. so long as the Directors calling the special meeting include at least one Director representing a Member providing fire services and at least one Director representing a Member providing law enforcement services. Thereupon it will be the duty of the Secretary of the Board to cause notice of such meeting to be given as hereinafter provided. Work/study sessions will constitute a special meeting. Special meetings of the Board will be held at the time and place fixed by the Directors calling the meeting. Special meetings ofthe Board will be posted in accordance with the provisions o f the Sunshine Law. Directors may partici pate in any special meeting in-person, telephonically or by any other media by which each Director can hear and be heard by the other Directors. 5.7.4 Notjce of Specjal Meetjpg. Written notice of any special meeting of the Board shall be delivered to each Director not less than 72 hours before the date and time fixed for such meeting. Notice may be delivered in person, by facsimile or by electronic mail at the direction of the Secretary, or upon the Secretary's default, by the Directors calling the meeting. 5.7.5 Wajycr of Notjce. Whenever any notice is required to be given to any Director under the provisions of law or this Agreement, a waiver thereof in writing by such Director, whether before or after the time stated therein, wi ll be equivalent to the giving of such notice. Attendance of a Director at any meeting of the Board will constitute a waiver by such Director of notice of such meeting, except when such Director attends such meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully convened. 5.7.6 Emergency Meetings. A Quorum of the Board may call an emergency meeting at any time and without 72 hours prior notice in the event of an emergency that requires the immediate action of the Board in order for Jcffcom to carry out its services and related functions. The Board Secretary. or upon the Secretary's default, the Directors calling the emergency meeting. shall cause notice of the emergency meeting to be given immediately to all to all Directors and Members. Notice may be given in-person, by facsimile or by electronic mail at the direction of the Secretary. or upon the Secretary's default, by the Directors calling the emergency meeting. To the extent practicable, public notice of an emergency meeting will be posted in the same locations as for regular meetings. At the emergency meeting, the Board by affinnative vote of a Majority of the Directors present, may take any action within the express or implied powers of Jeffcom to carry out its services and related functions: provided, however, any action taken at an emergency meeting will be effective only until the first to occur of: (a) the next regular meeting, or (b) the next special meeting of the Board at which the emergency issue is on the public notice of such meeting. At such subsequent meeting, the Board may ratify any emergency action taken. If any emergency 1<1'>6453.15 Page 14 of35 ignatun: Vcr..ion 2-4-1 6 action taken is not ratified, it be deemed rescinded. Emergency meetings of the Board shall be open to the public. 5. 7.7 Procedural Rules Governing Meetings. The Board shall develop procedural rules for conducting regular and speciaJ meetings, provided that such rules wi ll include the following: (a) the reading of the text of minutes, financiaJ statements or proposed Resolutions into the record is not required; and (b) the Chairperson may make a motion and may vote on a motion. In the absence of a procedure rule, the Board will, to the extent practicable, fo llow the latest edition of Robert's Rules of Order. 5.7.8 Location of Meetings. All regular or special meetings shall be held within the Jeffcom Service Area. 5.8 Officers. The officers of Jeffcom will be a President, Vice-President, Secretary, Treasurer and such assistant officers as may be elected by the Board from time to time, to perfonn such duties and have such autho rity as may be approved by the Board. The President, Vice-President and Treasurer shall be Directors. The Secretary and other officers of Jeffcom may. but are not required to, be Directors. Notwithstanding the foregoing, if at any time there are only two Members of Jeffcom, there need only be a President and a Secretary/Treasurer; however, in such circumstance, both the President and the Secrctaryffreasurer shaH be Directors. 5.8.1 Election and Term of Office. The tenn of office for the President and the Treasurer will be three Fiscal Years. The term of office for the Vice-President, Secretary and any assistant officer wi11 two Fiscal Years. At the first meeting of the Board following the Effective Date, and appointment of the initial Directors by the governing bodies of the Members, the Directors will, by Majority vote, elect the officers of the Board. In addition to the tcnn of office established for his/her posit ion, the initial officer of each position also will serve for the remainder of the FiscaJ Year in which be/she was elected. Thereafter, at its last regular or special meeting during a Fiscal Year in which an officer's tenn is expiring. the Boarcl by Majority vote, will elect a new offi cer to that position. Vacancies occuning in any offi cer position may be filled by Majority vote at any regular or speciaJ meeting o f the Board at the time the vacancy occurs. 5.8.2 Removal. Any officer elected by the Board may be removed by the Board, with or without cause, at any time by Majority vote at any regular or special meeting of the Board at which a quorum is present. 5.8.3 Duties and Autboritv of Officers. 1996453 15 (a) President. The President shall be a Director. Except as otherwise directed by the Board, the President will execute all legal instruments of Jeffcom and will represent the Board at any meeting, event, or other activity at which a Board representative is permitted. requested, or required to be in attendance. The President will perfonn such additionaJ duties and have such additional Page15of35 S1gnmurc Version 2-4·16 authority as directed by a Majority of the Board from time to time. The President will serve as the Chairperson and preside at all Board meetings. (b) Vice-Pres ident. The Vice-President shall be a Director. Except as otherwise directed by the Board, the Vice-President will perform the duties, and have the authority of, the Presi dent in the President's absence or inability or refusal to perform his/her duties. The Vice-President will perform such additional duties and have such additional authority as directed by a Majority of the Board from time to time so long as such duties are not inconsistent with the duties and authority of the President. TI1e Vice- President will serve as the Chairperson at any Board meeting where the President is absent or is unable or refuses to serve as the Chairperson. (c) Secreta rv. TI1e Secretary may, but is not required , to be a Director. unless there are only two Members. The Secretary will (i) maintain the official records of Jeffcom. including this Agreement, bylaws. policies, procedures and protocols established by the Board, minutes of Board meetings, and a register of the names and addresses of the Members. Directors, Alternate Directors a11d officers; and (ii) issue notice of meetings, and attest and affix the corporate seal to all legal instruments of Jeffcom. A separate recording secreta1·y may be appointed by the Board for taking and preparing meeting minutes. If the person performing the duties of Secretary is not a Director, suc h person may receive such compensation as is deemed appropriate by the Board, but shall have no voting rights. (d) Treasurer. The Treasurer shall be a Director. The Treasurer will be responsible for the general oversight of all financial aspects of Jeffcom. TI1e Treasurer will serve as the financial official of Jeffcom and, through the general oversight of the Executive Director, will be responsible for the general oversight of all financial aspects of Jeftcom. The Treasurer will serve as the Chairperson at any meeting where both the President and Vice- President are absent, or fail or refuse to serve as the Chairperson. 5.8.4 Bonds of Officers. Employees a nd Ae,ents. The Treasurer and any other officer, employee or agent of Jeffcom charged with the responsibility for the custody of any of its funds or property shall give a bond in such sum and wi th such surety, if any. as the Board will detem1ine. The Board, in its discretion, also may require any other officer, employee or agent of Jeffcom to give a bond in such amount and with such surety as will be detenni ned. The cost of such bond will be an expense of Jeffcom. 5.9 Governmental lmmunit". Every Director, officer, and employee of Jeffcom, while performing his/her duties and functions on behalf of Jeffcom, whether such duties and functions have been expressly assigned or are reasonably implied based on his/her expressly assigned duties and functions, will constitute a publi c employee for the purposes of the Colorado Governmental Immunity Act. including but not limited to C.R.S. § 24-10-11 0. as may be amended. 1996453. 15 Page 16 of35 SignaiUrc Vclllion 2-1·1 b 5.10 Execution of Contracts. Except as otherwise provided by law, the Board may authori ze any Director, officer, employee, or agent to enter into any contract, or execute and deliver any instrument in the name and or1 behalf of Jeffcom. 5.11 Assets Held In Trust. All Assets of Jeffcom will be held in trust for th e purposes stated in this Agreement. including payment of li abilities ofJeffcom. ARTICLE 6-OPERATJONS 6.1 Executive Oirector. The Board shall hire an Executive Director, who will be responsible for all financial, administrative and operational aspects of Jeffcom under the Board's supervtston. The Board will establish a job description for the Executive Director position, and wi ll update it as the Board deems appropriate. Among his/her duties, the Executive Director will be directly responsibl e for developing, and upon Board approval, implementing administrative, fiscal, operational, personnel, records management, risk management, security, training, and other policies and procedures necessary to the efficient and effecti ve operations of Jeffcom; inventory management; applying for and accepting grants with the approval of the Board coordinating cross-Member activity, including training, to the extent necessary; faci litating and coordinating committee and working group acti vities; preparing the Annual Budget; accounting for the financial operations of Jeffcom: hi6og, managing and tenninating employees; and the supervision of the day-to-day administration and operations of Jeffcom. T he Executive Director will be the official custodian of Jeffcom records. The Executive Director will attend all Board meetings unless excused by the Chairperson. Nothing in this Agreement constitutes an irrevocable delegation of authority to the Executive Director. At any time the Board may take any action that otherwise could be taken by the Executive Director. 6.2 Service Agreements with Service Users. Upon the affinn ative Majority vote of the Board, Jeffcom may enter into agreements or agreements (''S ervice Agreement(s)") with any Public Agency interested in receiving services from Jeffcom. Upon the affi rmative Majority vote of the Board, Jeffcom also may enter into one or more Service Agreements with any Private Entity interested in receiving services from Jeffcom, so long as such agreement does not violate the terms of any public financing received by Jeffcom. Each Service Agreement will specify the services to be provided by Jeffcom and the terms under whi ch such services are to be provided, and the terms and conditions upon which the Service Agreement may or shall be terminated. 6.3 Public Records. Jeffcom's records will be subject to, and limited by, the Colorado Public (Open) Records Act, including the Colorado Criminal Justice Records Act, as may be appropriate, contained in Article 72 of Title 24 of the Colorado Revised Statutes. as may be amended. 6.4 Emplovment Cutover Date. Until July I, 2017 ( .. Employment C utover Oate") all employees provided to Jeffcom by a Member shall remain that Member's employees and sbaU not be employed by Jeffcom. Before the Employment Cutover Date, each Member shall be solely responsible for all costs of the employees it provides to Jeffcom, including 1?96453 15 Page 17 of35 Stgnaturc Vcn;aon 2-1-16 but not limited to compensation, health insurance, worker's compensation insurance, unemployment compensation insurance. benefits, and overhead. Further a Member shall remain solely responsibl e fo r the intentional or negli gent acts or omissions o f its employees until the Employment Cutover Date. 6.5 J cffcom Emolovce Benefits. Jeffcom will be responsible for providing employee benefits, which include but are not limited to, pajd time off (PTO), medical and dental insurance, vision care, pension. life insurance, short and long term disability, employee assistance services. tuition reimbursement, and any other benefits deemed appropriate. ART ICLE 7-FISCAL AD MINISTRATION 7.1 Fiscal Managemen t. Unless otherwise designated by the Board, all power to receive, hold. and, upon approval by the Board, disburse fund s or money equivalents will be exercised by Jeffcom personnel under the direction and supervision of th e Executive Director, and under controls and policies approved by the Board. Each month, the Executive Director shall provide the Board with a complete report of all revenue and expenditures, and reasonable infonnation on the state of Jeffcom's finances. 7.2 Initial Budget. The initial budget for Jeffcom. which will take effect on the Effective Date and wi ll continue through the end of the Fiscal Year in whi ch it takes effect. is attached to this Agreement as Exhibit B. Each Member shall pay its share of the Initial Budget in the amounts and at the times specified in the Initial Contribution Schedule attached as Exhibit C. 7.3 Annual Budget. Jeffcom wi ll be subject to the Local Government Budget Law of Colorado, Part I of Article l, Title 29 of the Colorado Revised Statutes, as may be amended. The Annual Budget for Jeffcom will be adopted by a Majority of the Board. The provisions of Article 10.5 of Title 11. C.R.S., as may be amended, will apply to monies of Jeffcom. The components of the Aru1ual Budget are: 7.3.1 Genera l O perating Fund . Each fiscal year, the Board will determine the amount of reven ue needed for the General Operating Fund. Each Member's Annual General Operating Fund Contribution shall be determined by the Eq uitable Sharing Cost Allocation Funding Formula described below. 1996453 15 (a) Cost Allocation Worksheet. Each year, the Board will develop a Cost Allocation Worksheet that sets forth each Member's Annual General Operating Fund Contribution and Annual Capital Reserve Fund Contribution for the next immediately following fiscal year. The Cost All ocation Worksheet will show with particularity (i) the basis upon whjch each Member's Annual General Operating Fund Contribution was determined and (ii) the basis upon whi ch the Board established the Annual Capital Reserve Fund Contribution. The Cost Allocation Worksheet wi ll be provided to every Director by July I st of each year. The Board shall adopt the finalized Cost Allocation Worksheet as part of its adoption of the Annual Budget. Page 18 o f 35 Signatun: Vc"u'" 2-1·16 (b) Equitable Sharing Cost Allocation Funding Fonnula. The Equitable Sharing Cost Allocation Funding Fonnula, as expressed in Exhibit C hereto, shall serve as the initial funding model fo r Jeffcom and is based on standard ized staffing costs, taking into account the costs expended by each Member to provide its own emergency services communications and dispatching center, including costs for supplies, services, equipment, maintenance and reserve funding, as well as employee salaries. benefits and training (coll ectively, "Member Operating Costs"). 7.3.2 Capital Reserve Fund. Each fiscal year, the Board will detennine the total amount of revenue that must be deposited in th e Capital Reserve Fund, taking into consideration the need to repair, replace, or purchase equipment, and updating or supplementing wireless communications, technology, network expansion, enhanced radio communications, and/or technical support as may become necessary in future years. The Annual Capital Reserve Fund Contribution of each Member shall be set forth in the Cost Allocation Worksheet and may vary depending upon the total amount of revenue that must be deposited in the Capital Reserve Fund each Fiscal Year. (a) During the first fi ve (5) years of operations, the Annual Capital Reserve Fund Contribution of each member shall be scaled in order to reach a minimum operating balance of five hundred thousand dollars ($500,000.00) by the beginning of the sixth (61h) year of operations of Jeftoom. (b) Beginning in the sixth (61h) year of Jeffcom operations, the Capital Reserve Fund shall carry a minimum balance of five hundred thousand dollars ($500,000.00) and Annual Capital Reserve Fund Contributions from the Members shall be set to ensure that the Capital Reserve Fund retains this minimum balance. 7.3.3 Service User(s) Costs. Each year, the Board wi ll set the rate a Service User will be charged for receiving contracted services from Jeffcom (the "Service User Rate") based upon the usage of the Service User in the prior year. The Service User Rate will be based on: (a) the Service User's usage of the service provided by Jeffcom. as detennined by a cost-per-call fonnula~ and , (b) any increase in cost of operating Jeffcom. 7.3.4 T ransitional Funding. ln the first (partial) Fiscal Year of Jeffcom, Members will contribute to Jeffcorn the amount of funds remaining in each Member's budget allocated to cover Member Operating Costs. For the following full Fiscal Year and thereafter, the Board will adopt the Cost Allocation Worksheet incorporating the Equitable Sharing Cost Allocation Funding Fonnula. 7.4 Pavment of Contributions. Each Member's Annual General Operating Fund Contribution and Annual Capital Reserve Fund Contribution shall be paid in four (4) equal installments, on the first day of each quarter of the next immediately following 1996453.15 Pagel9of35 Signature Vc:.TSion 2-4-16 fiscal year (January 1 ~1• April Is', July Is' and October ls1} or on such other schedule as may be determined by the Board. 7.5 Late Payments. Any undisputed payment required under this Agreement that is not paid when due will accrue compound interest in the amount of one percent (I%) per month until paid. 7.6 Annual Audit. Jeffcom's revenues and expenditures shall be subject to an annual audit in accordance with Colorado state law which will be performed by a certified public accountant. 7.7 Non-Aoorooriation. All direct and indirect financiaJ obligations of a Member under thi s Agreement are subj ect to the annual appropriation of funds by its governing body. No provision of this Agreement wi ll be construed or interpreted: (a) to directly or indirectly obligate a Member to make any payment in any fiscal year in excess of amounts appropriated by such Member for such fiscal year; or (b) as creating a debt or multiple fiscal year direct or indirect debt o r other financial obligation whatsoever of a Member within the meaning of Article X. Section 20 of the Colorado Constitution or any other constitutional or statutory limitation or provision. 7.8 General Financial Matters. 7.8.1 Negotiable Instruments. All checks, drafts, or other orders for payment of money, and all notes, bonds, or other evidence of indebtedness, will be issued in the name of Jeffcom, and in such manner as, from time to time. wi ll be determined by the Board. 7.8.2 Financial Obligations and Debt Not That of Members. All fmancial obligations of Jeffcom, and all bonds, notes, and other evidence of indebtedness of Jeffcom. will not be the debts, liabi lities, or obligations of the Members, unJ ess provided by written consent of the governing body of each of the Members in compli ance with law. 7.8.3 Financial Support. Jeffcom may receive financial support from any source, including emergency telephone surcharge revenues, user fees. and public or private donations, gifts, or grants. 7.8.4 Compliance with State Laws Related to Deposit and lnvestment of J effco m Funds. Under U1e general oversight of the Treasurer, the Executive Director, will ensure all funds of Jeffcom placed in bank deposit accounts. including checking, savings. bank money-market. and certificate of deposit (CD) accounts. comply with the requirements of the Public Deposit Protection Act, Colorado Re ised Statutes, §11-10.5-101 , er. seq., as may be amended. The Board wi ll establish the invesonent policies of Jeffcom funds, which po licies will comply with the federal and state constitutional and statutory laws governing lhe investment of public funds. including but not limited Colorado Revised Statutes, § 24-75-60 I , er seq., as may be amended. Under the general oversight of the Treasurer, the Executive 199MSJ.Is Page 20 of35 S1gn:nur~ Vcr.;ivn 2~·1(! Director, wi ll ensure all investments of Jeffcom funds comply with the investment policies establi shed by the Board. 7.8.5 Records Subject to rnspection. All of Jeffcom's financial records will be available for inspection by any Member upon reasonable notice during normal business hours. ARTICLE 8-COMMITTEES 8.1 Operations Committees. There are hereby established the "Law Enforcement Operations Committees" and the "Fire and EMS Operations Committee", which will have the following authority and responsibilities: 8.1 .1 The Law Enforcement Operations Committee members will be comprised of a representative from each Member that provides law enforcement services and two representatives from the Service Users that provide law enforcement services; 8.1.2 The Fire and EMS Operations Committee each will be comprised of a representative from each Member that provides one or more Emergency Services other than law enforcement services and two representatives from the Service Users that provide one or more Emergency Services other than law enforcement services; 8.1.3 Each committee will meet at least quarterly; 8.1.4 Each committee will work with the Executive Director in the developing, review and recommending to the Board the policies, procedures and protocols for the efficient and effective operation of Jeffcom with respect to its area(s) of Emergency Services: 8.1.5 In coordination with the Executive Director. each committee will review on an as- needed basis the policies, procedures, protocols, and operations of Jeffcom related to its area of Emergency Services expertise. Each wiJI report to the Board in writing any perceived performance deficiencies and any recommendations for improvement. Each may comment upon any proposed plans, policies, procedures, or protocols submitted by the Board to that committee for review; 8.1.6 Neither committee will oversee the day-to-day operations of Jeffcom, but rather will handle operational functions from a strategic level; and 8.1.7 Neither committee will have the authority to make fi11al decisions on any matter brought before it. 8.2 Advisorv Committee. There is hereby established the "Advisory Com mittee". The membership of the Advisory Committee will consist of two citizens from the area served by Jeffcom, a representative from the Jefferson County Communications Authority (or its successor), and a representative for each Member. A Member's representative to the 1996453.15 Page 2 1 of 35 Signmurc v~·rsiM 2-4·16 Advisory Committee cannot also be a Director. The Advisory Committee will address Jeffcom policy issues and make recommendations to the Board, including but not limited to: 8.2.1 Evaluating whether a governmental or non-governmental agency providing one or more Emergency Servicers may contract with Jeffcom as a Service User; 8.2.2 Evaluating the future growth and direction of Jeffcom; 8.2.3 Seek public input and incorporating such input as appropriate into its recommendations; and. 8.2.4 Commenting upon any proposed plans, poli cies, procedures, or protocols submitted by the Board to the committee for review. ARTICLE 9-MISCELLANEOUS 9.1 Notices. Except for notice of a special or emergency meeting sent by United States mail. facsimile or electronic mail in accordance with this Agreement, any notice, demand or request required by or relating to this Agreement shall be in writing and shall be given by persona l delivery. by facsimile. or sent by registered or certified mail, postage prepaid, to each Member at the address set forth o n the signature page(s) attached hereto, unless a Member has provided another address to Jefleom. 9.2 No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any third pat1y benetjts or beneficiaries, or create a right or cause of action for the enforcement of its terms. in any entity or person not a part y to this Agreement. 9.3 Amendments. This Agreement may be amended only by a written document approved by fonnal authori ty of the governing bodies of all of the Members at the time of the an1endment; provided, however, that such amendment will not affect other obligations outstanding of Jeffcom unJess provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to such obligations. Course of conduct, not matter how long, shall not constitute an amendment to this Agreement. 9.4 No Assignment. This Agreement may not be assigned by any Party. 9.5 Severability. ln the event that any of the terms, covenants or conditions of this Agreement, or their application, shaJI be held invalid as to any person, corporation or circumstances of any court having competent jurisdiction. the remainder of this Agreement and the application in effect of its terms, covenants or conditions to such persons, corporations or circumstances shall not be affected thereby. 9.6 Governmental .lmmunitv. This Agreement is not intended, and shall not be construed. as a waiver of the limitations on damages or any of the privi leges. immunities. or defenses provided to, or enjoyed by, the Members, and their past and present directors, 19%453.15 Page 22 of35 S1gnntun: Vcrsi(lll 2-1·16 officers, employees and volunteers, under federal or state constitutional, s1atutory or comm on law, including but not limited to the Colorado Governmental Immunity Act, Section 24-10-101. C.R.S., er seq., as may be amended. 9.7 Governing Law, Jurisdiction and Venue. Colorado law governs this Agreement. Juri sdiction and venue shall lie exclusively in the District Court for Jefferson County. 9.8 Waiver of Breach. A Party's waiver of another Party's breach of any term or provision of thi s Agreement wilJ not operate or be construed as a waiver of any subsequent breach by any Party. 9.9 Dispute Resolution. Any dispute or claim arising under or relating to this Agreement shall be submitted first to the Board for possible resolution. If the Board is unable to resolve the dispute or claim, or if one or more of the parties to the dispute or claim are not satisfied with the Board's proposed resolution, the dispute or claim shall be submitted to mediation. The parties to the dispute or claim shall share equally the cost of the mediation, provided that each party shall pay its own attorneys' fees, costs and expenses incurred in preparing for and participating in the mediation. Jf the parties are unable to resolve their di spute or claim through mediation, any party to the dispute or claim may bring a civil action in the District Court for Jefferson County. Each party waives its right to a jury trial. The Court shall make a determination as to the prevailin g party and shall award the prevailing party its reasonable attorneys' fees, costs and the expenses for such civil action. 9.10 Execution. This Agreement may be executed in several counterparts, and by facsimile or electronic pdt~ each of which wi ll be an original, and all of wnich together wi ll constitute one in the same instrument. IN WITNESS WHEREOF, the Members have caused to be executed this Intergovernmental Agreement Establishing the Jefferso n County Co mmunications Center Authority. !SIGNATURE PAGES IMM EDIATELY FOLLOW! 1'>9b453.1!i Page 23 of35 Signature Vcrsl(ln 2-1·16 ARVADA FIRE PROTECTION OJ STRICT By: PRESID ENT Date: ------ Attest: SECRETARY 1996453.15 Page 24 of 35 S•gnature Version 2-4-16 \\'EST METRO FIRE PROTECTION DISTRICT By: PRESIDENT Date: _____ _ Attest: SECRETARY 1996-153.15 Page 25 of35 S•gnalun.· Version 2-4-16 EVERGREEN FIRE PROTECTION DISTRICT By: PRESIDEN T Date: ------ Attest: SECRETARY 11)9l,.t53.15 Page 26 of35 Signmun: Vcr;ion2-I·Hl CITY OF ARVADA By: MAYOR Date: ------ Attest: CITY CLERK Approved as to fom1: CITY ATTORNEY 1996453 15 Page 27 of35 Signature Version 2-4-1 6 C ITY OF GOLDEN By: MAYOR Date: ------ Attest: CITY CLERK Approved as to fonn: CITY A TIORNEY 1996-153 15 S1gnaturc V.::no•M2-4-16 Page 28 of35 CITY OF WHEAT RIDGE By: MAYOR Date: _____ _ Attest: CITY CLERK Approved as to fonn: CITY ATTORNEY 19Cl645.l IS Si~nnturc Version 2-4-16 Page 29 of35 CITY OF LAKEWOOD Adam Paul, Mayor Date: ______ _ ATTEST: Margy Greer, City Clerk Approved as to fom1: Gregory D. Graham. Deputy City Attorney Recommended for approval: Kevin Paletta, Chief of Pol ice 1996453.15 Signa1urc Vcnaon 2·4·16 Page 30 of35 JEFFERSON COUNTY SHERJFF1S OFFICE By: SHERIFF Date: ------ Attest: Date: 1996453.15 S•gnaturc Vcr.-ion2-1·16 Page 31 of35 1996453 15 SigJl<lllll'e Vcr'MOn 2-4-16 EXHIBIT A APPROVED SERVICE USERS Golden Gate Fire Protection District Genesee Fire Protection District Pleasant View Fire Protection District Highland Rescue Team Ambulance District City of Edgewater Town ofMonison Town of Mountain View Town of Lakeside Foothills Fire Protection District North Fork Fire Protection District Elk Creek Fi re Protection District Inter-Canyon Fi re Protection District lndian Hills Fire Protection District Wheat Ridge Fire Protection District Faim1ount Fire Protection District Page 32 of35 EXHIBIT 8 INITIAL BU DGET OF JEFFCOM Total Salary 8,532,000 Salary Operational 7,473.500 Salary Administrative 1.058,500 Total Benefits 3,071,520 Benefits Operational 2,690,460 Benefits Administrative 381,060 Overtime 400.000 Mileage Reimbursement 2,000 Cell Phone Stipend 4,800 Misc. 5.000 Personnel Expense Total 12,015,320 Payroll Expenses 12,000 Postage 500 Printing 3,000 Facility Rent 237,600 Custodial 40,000 Uti lities 65,000 insurance 60,000 Legal 70000 Bank Fees 6,000 Wcbpage, etc. 300 Dues 5,000 Office Supplies 20,000 SmaJI Office Equipment 1,500 Software Fees 18.800 Network 720 Admin Phone System 890 Misc. Administrative Expense Total 541,310 Recrujting 10,000 Tuition 129,500 Travel 30.000 Pub Ed. 40.360 Misc. Training Expense Total 209,860 Protocol Costs 54,000 Logging 645.000 Phone System Hardware 1,272,000 Headsets 16,000 CAD Maintenance 265,659 Radio Console Maintenance 130,431 OperationaJ Expense Total 2,383,090 Total Expense 15,149,580 Yearly Capital Fund Contribution 100,000 1996453.15 Signmure Vcn;ion 2-4-16 Page 33 of35 EX HIBIT C INITiAL CONTRIBUTION SCHEDULE Cost A llocation Worksheet-Equitable Funding Formula While it was recognized that there is no perfect funding model the contributi on tbmlllla that was decided upon was to have equal savings fo r all agencies involved. Without all agencies being able to demonstrate a cost savings it was recognized that while aU agencies would save with this model, some would save less than they would have with other funding models. Those agencies recognized that for the greater good they would be willing to sacrifice some savings in order to ensure the successful mergi ng of our agencies. It should be noted that even though some agencies receive less of a savings with this fo rmula, without the consol idation of our centers. none of us will see any savings or an enhancement of services to our constituents. Per section 7.3.1 (a) of the Jeffcom IGA the following cost allocation worksheet is proposed. Agency Contributions Contribution % Arvada Fire Protection District 6.4% City of Arvada 13.7% Evergreen Fire Protection District 4.9% City of Golden 8.0% Jefferson County Sheriffs Office 22.3% City of Lakewood 25.3% West Metro Fire Protection District 13.3% City of Wheat Ridge 6.1% Total 100.0% 1996453 IS Page 34 of35 S1g.naturc VlThit>n::!-4-H> " ~ A ~ .... ~ " City of • .. (P.:Wheat~dge _.VPOLICE DEPARTMENT TO: VTA: FRO:M: DATE: SUBJECT: ISSUE: Memorandum Mayor Jay and City Council Patrick Goff, City Manager Dave Pickett, Division Chief Support Services Division March 21 ,2016 Staff Report: Consolidation of Emergency 91 1 Services An lntergovemmenta1 Agreement (IGA) has been formulated between the Chiefs of the Arvada, Golden, Lakewood and Wheat Ridge Police Departments, the Chi efs of the West Metro, Arvada, and Evergreen Fire Protection Districts and the Jefferson County Sheriff for the purpose of consolidati11g emergency 911 services. Each agency suppo11s the creation of a cooperative emergency 9 11 center that services each of the mentioned agencies as well as smaller, agencies withjn Jefferson County that would contract call taking and dispatch services from the cooperative. The consolidated center would be a known as Jeffcom. PRIOR ACTION On May I 0, 2010, City Council received a staff report from Chief Brennan regarding regionalization of services efforts by the police department. In that report Chief Brennan outlined the opportunity for the regionalization of communications center services as well as other regionalization opportunities. Cost savings and the ability to provide citizens with increased services was the incentive for exploring regionalization opportunities. City Council provided Chief Brennan with the direction to continue to explore the regionalization of services. On February 23 , 20 15, City Council heard a presentation from Mr. Btian Wilkerson, the managing director and principal consultant of Revolutionary Advisors a consulting group tasked with producing a recommendation for how regionalization should be configured. This presentation recommended that a single dispatch center serving each of the agencies listed above be created. City Council directed staff to continue exploring the creation of Jeffcom. FINANCIAL IMPACT: Jeffcom would be funded by a combination of funds from the Jefferson County Emergency ComrnWlications Authority (JCECA), the member agencies and fees collected from agencies tl1at contract dispatch services from Jetfcom. The JCECA is the emergency 9 11 authority that collects fees from Jefferson County phone users to assist in the funding of all 911 services in the county. The total irutiaJ operating budget for Jeffcom is $15,149,580. The JCECA will contribute $4, 100,000. Contract service users will contribute $261 ,192 and tl1e remaining $10,788,388 will be contributed by the member agencies. The JGA outlines a funding formula termed the Equitable Attachment 3 Staff Report: Consolidation of Emergency 911 Services March 21, 2016 Page 2 of3 Sharing Cost Allocation Funding Fonnula. The lGA states: Equitable Sharing Cost Allocation Funding Formula. The Equitable Sharing Cost All.ocation Funding Fom1Ula, as expressed in Exhibit C hereto, shall serve as the initial funding model for Jeffcom and is based on standardized staffing costs, taking into accow1t the costs expended by each Member to provide its own emergency services communications and dispatching center, including costs for supplies, services, equipment, maintenance and reserve funding, as well as employee salaries, benefits and training. The Wheat Ridge Police Department's equitable share based on the TGA fom1ula is projected to be $657,222. The 2016 budget for the current Dispatch Center is $924,709. The projected cost savings is $267487. It is anticipated that not all duties that tbe WRPD Dispatch Center currently performs are appropriate to transfer to Jeffcom. A comprehensive evaluation of all of the Dispatch Center's duties is currently underway and a determination of what duties should be transferred and what duties should be kept in house will be made. It is anticipated t11at some additional personnel costs may be incurred to perfonn those duties not transferred to Jeffcom. BACKGROUND ln 2008, Jefferson Cow1ty law enforcement agencies began discussing cost saving measures based on the regionalization of services. Since that time, regionalization agreements between the Wheat Ridge Police Department and other Jefferson County law enforcement agencies have included a regional crime lab, regional SWAT, and a regionalized records management system. Each of these projects was undertaken tor two purposes; cost savings and increased service to the COllUllunity. Of these two, the over.vhelming dri ving force for the Wheat Ridge Police department has been increasing the level of service to th e citizens. The police department has experienced increasing difficulty in maintaining adequate staffing in the Communications Center. In 2015, City Council authorized two additional Emergency Services Specialist (ESS) positions for the center. To date, the police department bas been unable to fill those additional positions although staff, with the assistan.ce of Human ReSO'urces runs a continuous hiring process. During 2015 the staffing level of the Dispatch Center averaged 40% below that authorized. A single call taking and dispatch center for the county would provide a single resource pool that would enhance specialized services as well as provide personnel who had police/fire cross training. Additional benefits for the police department would be improved service levels for officers, increased ESS staffing levels for all shifts, better coordination on inter-jurisdictional activities and events as well as career enhancement for dispatch center personnel. The community will see improved call answer times and reduced bold times, increased efficiency and conuuunication between area agencies including police, fire and Emergency Medical Services, and better coordination on critical events that cross jurisdictional lines. RECOMMENDATIONS Staff recommends that City Council approve the JGA fom1ing Jeffcom and making the City of Wheat Ridge Police Department a member agency. Staff Report: Consolidation of Emergency 91 1 Services March 2 l, 20 16 Page3of3 DP Attachments: I. Staff Report to the Mayor and City Council regarding regionalization efforts dated May I 0. 2010 3. Memo to the Mayor and City Council regarding regionalized 91 1 efforts dated February 18, 20 15 ~ ' # ... ~ ~ "' City of • ?WheatRi_dge -ITEMNO: ~. DATE: March 28, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT FOR ENVIRONMENTAL & ENGINEERING CONSULTING SERVICES FOR PHASE I OF THE WADSWORTH BOULEY ARD IMPROVEMENT PROJECT TO HDR ENGINEERING, INC., DENVER, CO, IN THE AMOUNT OF $1,200,164 WITH A CONTINGENCY AMOUNT OF $120,000 FOR A TOTAL PROJECT COST OF $1,320,164 0 PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS 0 ORDINANCES FOR J5T READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: 0 YES ~~ lSSUE: In October, 201 4 the City was awarded funding through the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TLP) to improve Wadsworth Boulevard from 351h A venue to 48th A venue. The City recently completed a Pl anning and Environmental Linkage Study (PEL), which was adopted by Council on October 12, 2015. The study identified traffic congestion and safety issues, developed multi-modal solutions, and identified related environmental issues and mitigation measures that needed further assessment. Remaining aspects of the improvement project consist of: • Phase I -completing a topographic and boundary survey, conceptual design, 30% construction plans and a template environmental assessment (EA) • Phase II -preliminary and final design, including preparation of plans • Phase rn-bidding and construction assistance for the eventual reconstruction Council Action Form -Wadsworth Environmental Assessment March 28, 2016 Page2 HDR Engineering, Lnc. has been selected by the established procurement process to perfonn the EA and other aspects of Phase I for the negotiated amount of $1,200,164. It is anti cipated that the work for Phase I wi ll be completed within 12 months. Award of each of the successive phases of the project will require approval from COOT and City Council. The City retains the option to continue working wi th the awarded firm, HDR Engineering, Inc., for subsequent design and construction, Phases II and Ill, and to negotiate scopes and fees as the work phases progress. The project will also include a significant number of right-of-way (ROW) acquisitions which will be procured under a separate process, award, and contract. The ROW acquisitions will be started during Phase II and will need to be completed before Phase HI. PRJOR ACTION: An Intergovernmental Agreement (IG A) with COOT was approved by resolution on October 12, 2015, authoriz ing the environmental assessment. FINANCIAL IMPACT: City sta ffwill administer the project with reimbursement of80% ofthe cost. Funding for Phase I was budgeted in the amount of$1 ,500,000 in the Wadsworth EA Design and Construction line item of the 2016 Capital Improvement Program (CIP) Budget. Likewise, the 20 16 CLP revenues include the expected reimbursements of $1 ,200,000. Half of this budget is expected to be used for the EA portion of the work, with the remainder being used for the surveys, conceptual design, and 30% plans. Ln 2017, higher expenditures and reimbursements will occur to complete the design and start the right-of-way acquisiti on phases. Beyond 20 17, the additional funding needed to cover the remaining right-of-way acquisition and construction costs for the non-federaJ share is expected to be covered by a combination of sources, including the City, COOT, and others to be determined. The federal share is a not-to-exceed amount of $25,380,000. The total estimated budget at this time is around $43 million. and the IGA contract states that the City will provide a match of $6,320,000. However, the City will also have to fund any excess cost to complete the project. BACKGROUND: Ln October 2014, the City applied to DR COG for federal transportation funds that were available for fiscal years 2016 through 2021 to help fund a widening and improvement project on Wadsworth Boulevard from 351h A venue to 48'11 A venue. ORCOG awarded the grant application in October 2014. The improvement of this segment of Wadsworth Boulevard has been a high priority for both COOT and the City of Wheat Ridge for more than 20 years. Lack of available funding was the primary reason for postponing improvements. The Final Recommended Alternative (FRA) from the PEL study has identified the improvements needed to widen Wadsworth Boulevard between 35th and 48th A venues to six travel Janes, including the major intersections at 38th and 44th Council Action Form -Wadsworth Environmental Assessment March 28, 2016 Page 3 A venues, provide additional tum lanes at key congested intersections, and install medians to better manage access. Bicycle and pedestrian facilities will also be included to serve additional modes of transportation. The City of Wheat Ridge Public Works Department engaged in a formal professional services qualification-based procurement process in late 2015 to seek a qualified firm to provide environmental and professional engineering services for all phases of the project including the preparation of the template EA, design, and street reconstruction plans for widening Wadsworth Boulevard between 35'h Avenue and 481h Avenue, including connecting to the eastbound ramps for Interstate 70. On January 7, 2016, proposals were received from four consulting firms, in response to RFQ-JN- 15-23. Based on evaluation of the proposals including firm qualifications, environmental assessment study approach, innovative ideas, the project team, experience on previous studies, and federal debarment status, the highest ranking fim1 was HDR Engineering, Inc., Denver, CO. HDR was part of the team that worked on the PEL and has proposed working with many of the same team members for this project. Final selection was based on reference checks and negotiations of scope and fees for Phase 1. Fees were negotiated with the requirements of the IGA with CDOT and in accordance with the City's procurement process. RECOMMENDATIONS: Staff recommends award ofthe Wadsworth Boulevard Improvement Project, Envi ronmental & Engineering Consulting Services, to HDR Engineering, Inc., beginning with Phase I. RECOMMENDED MOTION: "I move to award a contract fo r Environmental & Engineering Consulting Services for Phase I of the Wadsworth Boulevard Improvement Project to HDR Engineering, Inc., Denver, CO, in the amount of $1 ,200,164 with a contingency amount of $120,000 for a total project cost of $I ,320, I 64." Or .. I move to deny award of the contract for Environmental & Engineering Consulting Services for Phase 1 of the Wadsworth Boulevard Improvement Project to HDR Engineeri ng, Inc., Denver, CO, for the following reason(s): REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Supervisor Steve Nguyen, Engineering Manager Scott Brink, Director of Public Works Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager Council Action Fonn -Wadsworth Environmental Assessment March 28, 20 16 Page4 ATTACHMENTS: I. Final Proposed Scope (Phase 1), Mar 22, 20 16 2. Final Proposed Scope Appendix A, Mar 22, 20 16 3. HDR Engineering, Inc. Project Cost Worksheet Mar 22,2016 SCOPE OF WORK: WADSWORTH BLVD. WIDENlNG (PHASE I) March 22, 2016 CONTRACf TYPE Specific Rate of Pay 0 Cost Plus Fixed Fee • Other 0 CONTRACf DATE: CITY PROJECT NUMBER: ...cM:&.;:-O:~UIL.::..-,_..15~----- COOT PROJECT NUMBER: NHPP 1211-086 PROJECf LOCATION: SH 121 Wadsworth Blvd COOT PROJECf CODE: _.2"'"'1006..,...... ______ _ THE COMPLETE SCOPE OF WORK INCLUDES THIS DOCUMENT (ATTACHED TO THE CONTRACf FOR CONSULTANT SERVICES) SECfiON I SEcrJON2 SECfiON 3 SECfiON 4 SECTION 5 SECfiON 6 SEcrJON7 APPENDICES PROJECT SPECIFIC INFORMATION PROJECT MANAGEMENT AND COORDINATION EXISTING FEATURES GENERAL INFORMATION PROJECf INITIATION AND CONTINUlNG REQUIREMENTS ENVIRONMENTAL WORK TASK DESCRIPTIONS PRECONSTRUCTION WORK TASK DESCRIPTIONS Attachment 1 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE 0 TABLE OF CONTENTS SECTION 1 PROJECT SPECIFIC INFORMATION ..................................................................................... 3 SECTION 2 PROJECT MANAGEMENT AND COORDINATION .............................................................. 4 SECTION 3 EXISTING FEA 11JRES ................................................................................................................ S SECTION 4 GENERAL INFORMATION ........ _ ..................................................................... -·-········ 6 SECTION 5 PROJECT INITIATION AND CONTINUING REQUIREMENTS ................. -····-····-······8 SECTION 6 ENVIRONMENTAL WORK TASK DESCRIPTIONS ........... _. ................. -·-·-····--····10 SECTION 7 PRECONSTRUCTION WORK TASK DESCRIPTIONS ............................. m ...................... 25 March 22, 2016 1 2 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SECTION 1 PROJECT SPECIFIC INFORMATION 1. PROJECT BACKGROUND 2. 3. The City has been working fo r several years to improve SH 121/ Wadsworth Boulevard. In 2015, a Planning and Environmental Linkage (PEL) study for the portion of Wadsworth Boulevard from W 35th Avenue to Interstate 70 was completed. Also in 2015, the City of Wheat Ridge secured a DR COG TIP grant providing the majority of the funding for construction and executed an IGA with COOT outlining the framework for reconstruction of the street. A major part of the proposed project is to reconstruct the street to a 6-lane sectio n, provide bener multi-modaJ facilities. and to provide enhanced amenity z.ones aJong the corridor, particularly in the City Center section. This work is expected to be accomplished in three pllases: 0 Phase I -topographic survey, conceptual design, preparation of a template EA and 30% plans 1 1 Phase U -preliminary and finaJ design including preparation of 60%, 90%, and I 00% plans .J Phase m -bidding and construction assistance This scope of work addresses Phase I which includes development of a template environmentaJ assessment (EA) and decision document, conceptual design. and survey work. PROJECT GOALS This project is intended to produce the following improvements A. Increased capacity • B. Improved Safety • c. Higher level-of-service • D. Improved riding surface (smoother or stronger pavement) 0 E. Bridge Replacement 0 F. Resurfacing, Restoration, Rehabilitation 0 G. Reconstruction • H. Other: Additional Multi-modaJ Faciliries • PROJECT LIMITS This project is located on SH 121. between milepost 15.3 and milepost 16.7 in Jefferson County 4. PROJECT COSTS The cost of this project is currently estimated at: Phase I $I .50 million Phase U ROW Phase ill TotaJ March 22, 2016 $1.75 million $1 l.50 million $30.75 million $45.50 mimon 13 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) S. WORK DURA TJON The rime period for the work described in thjs Phase I scope is estimated to begin April 2016 and end March 2017. 6. CONSULTANTRESPONSffiiLITY AND DUTIES Enter a geneml description of the work to be performed. The Consultant is responsible for: • Environmental Assessment • Survey • Conceptual Plans • Traffic • Public/Agency Involvement 7. WORK PRODUCT The Consultant work products are: A Reports • B. Environmental Documents, Conceptual Plans. and Estimate • c. Field Inspection Review {FIR) Plans and Estimates D D. Final Office Review (FOR) Plans, Specification , and Estimates D E. Advertisement/Bid Plans. Specifications, Cost Estimate D F. Construction Plan Package D G. Project Coordination • H. Schedules • I. Meeting Minutes • J. Professional Engineer Stamped Record Sets D K. Interchange Approval Process (No. 160 I) D Requirements are further described in the sections that follow. All work required to complete this Scope of Work requires the use of English Uruts. 8. WORK PRODUCT COMPLETION All submittals must be accepted by the Director of Public Works or designee. 9. ADDITIONAL PROJECT iNFORMATION Additional information regarding t.his project is included in the following documents A. Wadsworlh P/Qnning and Environmental Unlcllge Rtpor1 and Techniclll Appendices, October 2015 Copies of these documents may be requested from the City. A moderate fee may be required for copies. March 22, 2016 14 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SECTION 2 PROJECT MANAGEMENT AND COORDINATION l. CITY CONTACT The Contract Administrator for this project is: Scott Brink. Director of Public Works. Active day-to- day administration of the contrclct will be delegated to the City/PM: A. Name: Marl: Westberg B. TitJe: Project Supervisor C. Address: 7500 W 29111 Avenue D. Office phone: 303-235-2863 E. Cell phone: 303-218-87 11 F. E-mail: mwestberg@ci. wheatridge.co.us 2. PROJECT COORDINATION Coordination wi ll be required with the A. Colorcldo Depanment of Transportation (COOT) B. Counties: Jefferson C. Railroads D. Regional Transportation District (RTD) E. Denver Regional Council of Governments (DR COG) F. Metropolitan Plannjng Organi.zations (MPO's) G. U.S. Army Corps of Engineers (USACE) H. Urban Drainage & Aood Control District (UDFCD) I. Federal Emergency Management Agency (FEMA) J. Colorado Parks and Wildlife (CPW) K. U.S. Forest Service (USFS) L. Environmental Protection Agency (EPA) M. U.S. Fish and Wildlife Service (USFWS) N. Federal Highway Administration (FHW A) 0 . Federal Transit Authority (Ff A) P. Utilities Q. Colorado Department of Public Health and Environment (CDPHE) R. Other • • • • D • • • • D • • • D • ~ The consultant should anticipate that a design which affects another agency will have to be accepted by that agency prior to its acceptance by the City. Submittals to affected agencies will be coordinated with the City. March 22, 2016 14 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SECTION3 EXISTING FEATURES Note: This Section lists known features in the area. It should not be considered as oomplete, and should include, as appropriate, information from Section 2 Project Management and Coordination. The Consultant should be alert to the existence or other possible confiicts. I. STRUCTURES Walls north of 48th 2. UTU.ITIES Contact Utility Notification Center of Colorado (U.N.C.C.) at 1-800-922-1987 or 811 3. IRRIGATION OITCRES 4. RAILROADS 5. OTHER March 22, 2016 15 SCOPE OF WORK: W AOSWORTH BLVD. WIDENING (PHASE I) SECTION4 GENERAL INFORMATION I. NOTICE TO PROCEED Work shall not commence until the written Notice-to-Proceed is issued by the City. Work may be required. night or day, and/or weekends, and/or holidays. and/or split shifts. The City must concur in time lost reports prior to the time lost delays being subtracted from time charges. Subject to City prior approval the time c harged may exclude the time lost for: A. Reviews and Approvals B. Response and Direction 2. PROJECT COORDINATION A. Routine Working Contact Routine work:ing contact shall be between the City/PM and the Consultant Project Manager (CIPM) as defined in Appendix B. B. Project Manager Requirements Each Project Manager shall provide the others with the following: a. A written synopsis or copy of their respective contacts by telephone and in person with others b. Copies of pertinent written communications 3. ROUTINE REPORTING AND BILLING The Consultant shall provide the following on a routine basis: A. Coordination: Coordination of all contract activities by the CJPM B. Monthly Reports and Billings: The monthly reports and billings required by COOT Procedural Directive 400.2 (Monitoring Consultant Contracts). including monthly drawdown schedules. C. General Reports and Submittals: In general, all reports and submittals must be approved by the City prior to their content being utilized in foJJow-up work effort. 4. PERSONNEL QUALIFICATIONS The CIPM must be approved by the City/PM. Certain tasks must be done by Licensed Professjonal Engjneers (PE) or Professional Land Surveyors (PLS) who are regjstered with the Colorado State Board of Regjstration for Professional Engineers and Land Surveyors. National Institute for Certification in Engineering Technology (NICET) or other certifications may be required for project inspectors and testers. March 22, 2016 16 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) AJitasks assigned to the Consultam must be conducted by a qualified person on the Consullantt.eam. The qualified person is a professional with the necessary education. certifications (including registmtions and licenses), skills, experience, qualities, or attributes to complete a particular task. This contract requires that the prime firm or any me mber of its team, be pre-qualified in the following disciplines for the entire length of the contract. AC -Acoustical engineering, EN -Environmental Engineering, GE-Geotechnjcal Engineering, HD -Highway & Street Design, HY -Hydraulics, LA -Landscape Archjtecture, MA - Management (Contract Admin). MC-Management (Construction), MT Materials Testing, SO-Soils Engineering, SE-Structurctl Engineering. SU-Surveying, TP -Transportation Engineering, TR - Traffic Engineering 5. CITY COMPUTERISOFTW ARE INFORMATION The consultant shall utiHze the most recent City adopted software. The primary software used by City is as follows: A. Earthwork AutoCAD 2015/Civil3D B. Drafting/CADD AutoCAD 2015/Civil 30 C. Survey/photogrammetry AutoCAD 2015/Civil 3D E. F. G. H 1 Estimating Specifications Scheduling Presentations GIS Microsoft Excel 20 I 0 Microsoft Word 2010 Microsoft Project 20 I 0 Microsoft PowerPoint20 l 0 Arc Info Version 10.1 Service Pack I 6. COMPUTERDATACOMPATm~ The data fonnat for submitting design computer files shall be compatible with the latest version of the adopted City software a~ of Notice to Proceed for the contract. The Consultant shall immediately notify the City/PM if the finn is unable to produce the desired fonnat for any reason and cease work until the problem is resolved. 7. PROJECT DESIGN DATA AND STANDARDS A. General: A comprehensive list of local, state, and federal reference material is provided in the PEL and its appendices. The consultant is responsible for obtaining and ensuring compliance with the most recent COOT adopted standards and specifications, manuals, and software or as directed by the City/PM. Connicts in criteria shall be resolved by the City/PM. B. Specific Design Criteria: Appendix A is COOT Fonn 463 which is a List of specific design criteria current as of execution of this contract. The Jist is comprehensive and may include items that are not required for ta">ks defined in this scope. The Consultant shall s ubmit any proposed changes to the pertinent criteria to the City !PM at one of the periodic progress meetings prior to initiating design. C. Construction Materials/Methods: March 22, 2016 T he materials and methods specified for construction will be selected ro minimize the initial construction and Jong-tenn maintenance cost to the State of Colorado. Non-typical construction materials and methods must be approved in writing by the City. SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE 0 SECTION 5: PROJECT INlTIA TION AND CONTINUING REQUIREMENTS TASK DESCRIPTION I. PROJECT MEETINGS The types and numbers of meetings shall be flexible and determined by an interactive process as approved by the City/PM. Meetings with resource agencies, propeny owners, other stakeholders, the general public and other outreach effortS are described in Section 6. A. Kick-off Meeting Schedule and facilitate initial project kick-off meeting. Appropriate disciplines should be included in the scoping meeting. Create an invitation list, send notices with a draft agenda prior to the meeting, and provide meeting minutes to those invited. B. Progress Meetings The City and Consultant team will meet periodically as required (typically at two-week intervals). The meetings will review activities required to be completed since the last meetjng, problems encountered/anticipated and potential solutions. project schedule update, action items, and coordination required with other agencies. C. City CounciJ aod Technical Work Group Meetings The Consultant will provide two staff members to present proj ect information to City Council at up to three City Council Meetings and up to six additional Technical Working Group meetings. D. Meeting Minutes Project progress meeting minutes shall be completed by the Consultant and provided to the City/PM within one week of the actual meeting. When a definable task is discussed during a meeting, the minutes will identify the "Action Ltem", the pany responsible for accomplishing it, and the proposed completion date. 2. PROJECT MANAGEMENT At the klck-off meeting. or shonJy thereafter, create and provide an approach for managing the project (i.e. involved staff, key team positions), includ ing task orders, a schedule, document and agency reviews and other project needs. The Consultant shall coordinate the work tasks being accomplished to verify project work completion stages are on schedule. 3. DEVELOP A PROJECT SCHEDULE AND ASSIGN TASKS The Consultant is responsible for coordinating the required work scheduJe for tasks accomplished by the City and other agencies. Prepare the initial project schedule for review by the City/PM and consultant team, and refine to provide detail as requested. Modifications will be made as necessary in collaboration with City and appropriate justification. The tasks covered by this Scope of Work are expected to take approximately 12 months to complete. 4. QUALITY ASSURANCFJQUALITY CONTROL (QA/QC) Prepare and submit a QNQC plan as pan of the planning documents noted above, and commit to adhering to the QNQC process throughout the project. 5. OBTAIN NECESSARY RIGHT-OF-ENTRY AND PERMITS Some activities may require work on land not controlled by the City or COOT. In such cases the Consultant shall obtain the necessary written permission to enter the premises using COOT Form 730 (unless otherwise directed}. Written permission shall be coordinated with other City staff and consultants that may need right-of- entry such as geotechnical and environmental personnel. Included in this written permission will be the names and telephone numbers of persons to contact should notification prior to entry be necessary. E. Signature Copies Pennissions apply to City personnel as well as Consultant personnel. Signed copies of written permission will be submitted to the City/PM prior to entering private property for survey work. F. Permits Some activities such as materials testing oo existing pavement and structures may require a permit. Permits will be obtained and copies submitted to the City!PM. March 22, 2016 IB SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE 1) SECTION 6: ENVIRONMENTAL WORK TASK DESCRIPTION I. CONSULTANT DISCLOSURE STATEMENT 40 Code of Federal Regulations (CFR) Section 1506.5(c) specifies t.hat a disclosure statement to avoid conflict of interest must be prepared. If an environmental document is prepared with the assistance of a consulting firm, the firm must execute a disclosure statement. 6. PROJECT INlTIATION A. Environmental Scoping Task An early environmental coordinationlscoping task wiU occur as directed by the City/PM. An environmental scoping meeting should be held with the Regional Environmental Project Manager, the Regional Project Manager. appropriate members of the Environmental Programs Branch (EPB), CIPM, and staff from Right- of-Way, Maintenance, Hydraulics, Traffic, Property Management, and Utilities, as appropriate. This task will include a meeting with the City and COOT representatives to discuss the initial work efforts of the project. B. Review Applicable Existing Documents Review project-specific documents or data related to the assessment of environmental, social. and economic resources and impacts in the project area that. are determined relevant. Examples of relevant documents are previous studies, planning effons., access management plans, safety assessments, and other traffic studies. These resources may be COOT documents or may have been created by local planning agencies or municipalities. Consider engi neering and planning elements completed in earlier Life Cycle Phases C. Extent of Study Required for Resources Determine the extent of study required for each resource area The extent of study can be defined in four categories: I) complete analysis required; 2) short analysis to define resourceshmpacts; 3) no anaiysis required; or 4) analysis already completed (for example, by a previous study). D. Preparation and Coordination of Requirements During the early coordination/ scoping process, determine the effort required for the preparation and coordination requirements to allocate: I) work to be completed by COOT Region Staff; 2) work to be completed by COOT Headquarters Staff; 3) work to be completed by Consultant or it<; project partners; 4) work to be completed by City Staff; and 5) outside agency concurrence or approvals required. E. Extent of Narrative Required For each resource, determine during the scoping phase the extent to which documentation is required for each resource. The level of documentation can be included in several ways, such as: I) a complete analysis/ documentation included in the text; 2) a summary of the analysis performed included in the text; 3) a statement that no impacts are expected; or 4) inclus ion of information and coordination/ documentation, such as technical memoranda, reference/ annotated bibliography, in an appendix of the document, referencing the appendix in the body of the text. This will be detailed to the extent possible using information available during the scoping phase. F. Project Study Area Limits/Logical Termini Preliminary project study area limits are established in Section I of this document. Perform necessary research and data collection to confirm the study area boundary for environmental resources and logical termini for use in scoping. In coordination with the City/PM, prepare a recommendation to the Federul Highway Administration (FHW A) for approval of the logical termini, if applicable. G. Administrative Record Maintain a NEPA Administrative Record that adheres to the established process. Make this Administrative Record available to the City/PM (or his or her designee), or the Colorado Attorney General's office (as requested) at any time during the project's duration. Materials associated with the project Administrative Record will be delivered when closing the project in the format specified by the City/PM. Final project invoice payments to the Consultant are conditional upon the professional and complete deli ve.ry of these March 22, 2016 19 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) materials to the City's office. Given the exlent of documentation collected for the NEP A process, it is required that the Consultant updates the record regularly and provides information to tbe City electronically. This includes documentation of the 6 Step process and evaluation of the CSS process. 7. ENVIRONMENTAL ANALYSIS AND DOCUMENTATION Conduct Contextual Analysis. Determine the effort required to examine the transportation needs in the project area definitively and completely, develop and evaluate transportation alternatives following the NEPA process, and develop the appropriate NEPA documents. Environmental documentation, technical reports and technical memos will be submitted to the City, and may be required to be supplied to reviewers at COOT EPB, and FHW A for early review as appropriate and nece-ssary. Analysis shall include project's consistency with the Wadsworth PEL Study. A. Purpose and Need Based on 2040 modeling, refine as necessary the Purpose and Need developed during the PEL early in the project process to prevent backtracking and limit schedule changes. Develop and refine. as necessary. to address information collected on the project during data collection, transportation analysis, and public and agency scoping and involvement Review previously prepared studies to help direct Purpose and Need information as appropriate (e.g., local planning studies, engineering feasibility studies, etc.). No more than 2 (two) versions of the Purpose and Need will be submitted for review and comment. B. Alternatives Development and Evaluation Review the range of reasonable alternatives developed during the PEL and their ability to satisfy the Purpose and Need requirements of the project, including, but not limited to, those identified in earlier and ongoing studies of the area. The Consultant team, in coordination with COOT and FHW A, will determine the design year to use for the project. Changes in the design year during the project may be subject to a Scope of Work modification. C. Evaluate Alternatives Impacts Tbe consultant sball take into account the projected design-year traffic volumes and projected opening day traffic volumes for new facilities as developed for this Scope of Work, or as modified through later studies and calculations by COOT. Evaluate the impacts of these alternatives according to established guidelines and examine the degree to which these alternatives satisfy the Purpose and Need requirements of the project. Set out these evaluations both schematically and in narrative form for review within a reasonable time after the notice to proceed. D. Alternat.ives Screening Process Apply an alternatives screening process to identify the reasonable alternatives (practical or feasible from a technical and economic standpoint), which will be subject to a more detailed evaluation. Develop NEPA- appropriate evaluation criteria, and measures of effectiveness. and submit them for review and approval by COOT and FHW A before beginning the screening process. The rationale for eliminating alternatives will be thoroughly discussed within the documentation. E. Conceptual Design of Alternatives For each alternative that passes the screening process, incorporate existing PEL design for each alternative to identify relevant impacts within each environmental resource area. Assume that conceptual design will be developed for only one build alternative that is carried through the entire analysis proc-ess until a decision document is written. 8. COST ESTIMATES AND FINANCIAL ANALYSIS A. Develop Cost Estimates and FinanciaJ Analyses As part of evaluating re.asonable alternatives in the NEPA document. including the No-Action Alternative, develop cost estimates and financial analyses at varying levels of detail throughout the process. Basic engineering, preliminary engineering, construction engineering, construction, and operating/maintenance for the design life will also be analyzed. A funding package identifying the funding sources necessary to construct and maintain the projects will be developed. B. Incorporate lnto NEPA Document Review th.e cost estimates and financial analysis. provide supplemental analysis as needed to suppon the Preferred Alternative, and incorporate findings into the draft NEPA document. March 22,2016 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE 0 C. ConcepLUal Construction Cost Estimates Prepare conceptual construction cost estimates based on 30% design of alternatives identi fierl during the NEPA process. Project right of way acquisition costs, including relocation. damages. land, and improvement values, and project environmental mitigation costs shall be included within the cost estimate. Include enough detai I to verify a reasonable degree of accuracy for the level of design performed. Submit th.e est.imates, including the year from which the unit costs were assumed, to the City /PM for review and approval. incorporate the analysis into the NEPA document. 9. DATA COLLECTION, FIELD INVF..STlGATION, AND MITIGATION MEASURES The following analyses are requirerl for one build alternative. Each resource wi ll be summarizerl concisely. focu sing on the project issues of concern in the NEP A document. The scope shall define the level of documentation, project tasks, and project detiverables (see Section7 .12) for each of the resource areas. Identify the required area and resources to evaluate and determine the early coordination/scoping process as discussed above, but may evolve over the life of the project as new information is discovered through analysis. Reference other projects within the study area (to make sure existing conditions are alike between both projects, understand future plannerl conditions within the study area, and to appropriately evaluate cumulative impacts to resources); these projects may be related to transportation, but may also be entirely unrelaterlto transportation (such as a new strip mall, school, park, apartment building. for example). As determined by the Consultant team, the City. and EPB, a larger area is typically evaluated for cumulative effects. The level of detail and analysis will be determined based on the level of environmental documentation (e.g., Feasibility Srudy, CatEx, EA, or ElS). It is expected. that the level of detail for this NEPA document will be as appropriate for a Template EA. Use of Geographic Information Systems (GIS) for environmental data is required to be in compliance with City GIS standards. GIS data shall be provided to the City in electronic format with the annual updates for the administrative record. Relevant information will be incorporated in the NEPA document sections such as: Affected Environmen~ Environmental Consequences, and Mitigation Measures. In addition, technical reports may be prepared in support of the project and shall be reviewed and referenced as appropriate in the NEPA document. If new or unique resources are identified during scoping, this scope of work will be modified to include these, as appropriate. A. Existing Roadway and Major Structures Existing roadway, multi modal and major structures information was already documented in the Existing Conditions Report from the PEL phase. No additional information is necessary. a. Construction Requirements: i. General construction impact (of temporary nature) ii. Material pits iii. Haul roads B. GeospatiaJ Data Assemble, store, manipulate and display data for resources as needed. C. Air Quality Perform the necessary air quality assessment or modeling as required and provide the results for integration into the NEPA document and Ajr Quality Technical Report (with modeling data assumptions). These will include. but are not limited to, analysis or discussion of: NAAQS. carbon monoxide (CO) hot spots (assume a screening analysis of signalized intersections plus full hot spot analysis of one intersection), regional emissions analysis, Mobile source air toxics (MSA T) -qualitative or quantitative, greenhouse gases (GHG). climate change. construction issues such as fugitive dust emissions, and mitigation measures. COOT staff will lead coordination with the Coloro~do Department of Public Health and Environment Air Pollution Control Division (CDPHE-APCD) and U.S. Environmental Protection Agency (EPA) (as necessary). The analytical methodologies (including number of intersections to be modeled) will be March 22, 2016 I 11 SCOPE OF WORK: W ADSWORTB BLVD. WIDENING (PHASE I) detennioed through the coordination. Each Build Alternative and the No-Action Alternative wi ll be analy-L.ed for impacts through the appropriate design year. Mitigation commitments will be developed. as necessary. The Consultant must get approval from the COOT Region and/or EPB air specialist (and possibly FHW A staff) for any methodologies to evaluate hazardous air poUutants. Utilize the most current standard, accepted FHW A language for MSATs. D. Geologic Resources and Soil Existing geological information was already documented in the Existing Conditions Report from the PEL phase. Supplemental information may be necessary. E. Water Quality a. Existing water resources for the purposes of describing the ''affected environment" were already documented in the Existing Conditions Report from the PEL phase. b. Water resource and quality impacts of the project during and following construction, detennined by considering the project location and design concepts in relation to existing water resources including groundwater or alluvial waters or aquifers (particularly sole source), drainage ditches and other State Waters as defined by CDPHE Water Quality Control Division, aquatic as well as riparian habitat. and Sensitive Waters (Class I Aquatic L.ife. Recreation I, and Water Supply, 303[d] listed, etc). c. Colorado Discharge Permit System (COPS) design and permitting issues. d. A mitigation plan that includes conclusions of effects, permanent best management pmctices (BMPs), temporary/construction BMPs, erosion control measures, and definition of maintenance responsibilities. e. The Driscoll Model will not be used for this project. F. Floodplains Assessment a. Ellisting floodplains for the purposes of describing the "affected environment'' were already documented in the Existing Conditions Report from the PEL phase. b. Add information to environmental resource mapping of existing conditions. c. Determine the probable impacts of each alternative with respect to floodplains and drainage. d. Identify adverse effects on the project area with respe<:t to floodplains and drain~ge for each alternative (including during construction and relative to actual operating conditions). e. Develop possible actions to mitigate for the adverse impacts and coordinate with roadway and structural designers. f. Analyze the impacts and mitigation. Included in the analysis will be a determination of significant impacts due to: i. Single community access routes. ii. Risk for social or economic losses due to flooding. iii. Alteration of beneficial floodplain values. g. Prepare a Floodplain and Drainage Assessment Report which will incorporate appropriate water quality control measures and BMPs as per the COOT MS4 permit, New Highway Development program. The report will be reviewed by the City or EPB specialist and then finalized. G. Wetlands a. Wetlands Determination/Delineation: i. Conduct a field evaluation for the presence of wetlands within the project study area. Global Positioning System (GPS) should be used for this activity. MarCh 22, 2016 l 12 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PRASE I) ii. Delineate the boundaries and size of anticipated jurisdictional and non-jurisdictional wetlands and waters of the U.S. within the project area using United States Army Corps of Engineers (USACE) guidance. 111. Prepare wetlands maps that delineate the wetland boundaries within the corridor. OPS will be used for this mapping. iv. Coordinate the findings with the City and the USACE. Obtain jurisdictional determination of the wetlands from the USACE. b. Wetland Finding Report Prepare a Wetland Finding Repon . A draft wetland finding report should be reviewed by COOT EPB prior to finalization of the report. The final version must be approved by EPB before being included in NEPA document. The Functional Assessment of Colorado Wetlands (FACWet) should be used, as appropriate according to current COOT procedures. Conduct a wetland assessment based on the NEP A document addressing the amount of permanent and temporary wetlands impacts and mitigation. Wetland mitigation should be identified ac; early as possible in the NEPA process. Mitigation sites must be evaluated for availability and suitabiJjty for wetland habitat. H. Vegetation and Noxious Weeds a. Conduct necessary field surveys and identify vegetation and noxious weeds within the project area. OPS will be used for this activity. Plot major vegetation zones/ecosystems, and weed locations and densities on a map. b. Perform an impact analysis and document it in the Biological Resources Report c. Prepare an Integrated Noxious Weed Management Plan prior to construction (not in this phase of work). I. Fish and Wildlife a. Conduct necessary field surveys and identify fish and wildlife and their habitat within the project area. As appropriate, OPS will be used to identify habitat. b. Perform an impact analysis c. Develop appropriate mitigation measures/incorporate into a BRR. J. Threatened and Endangered (T&E) Species a. Write letters for the COOT EPB Wildlife Program Manager's signature to the Colorado Division of Wildlife (CDOW}, U.S. Fish and Wildlife Service (USFWS). and Colorado Natural Heritage Program (CNHP) requesting a T &E species list. b. Conduct necessary desktop and field surveys and identify T &E species and/or Designated Critical Habitat. This scope assumes no habitat is found. c. Review existing planning documents to detennine any existing Habitat Conservation Plans (HCP) for T &E species. d. Identify impacts to species and recommend mitigation. e. Based on affected environment and habitat, prepare the T&E species impact assessment. This scope assumes no Biological Assessment is needed. K. Historic Properties a. The survey report and review by the COOT Region Historian or EPB Senior Staff Historian was completed as part of the PEL process, and can be incorporated into the NEPA document. b. Collection and Evaluation of Baseline Information as defined by Section I 06 of the National Historic Preservation Act of 1966, as amended. Historic Clearance March 22, 2016 113 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) a. Determine the area of potential effect (APE), in coordination with COOT and the State Historic Preservation Officer (SHPO). The literature search. intensive fie ld survey and historic resources repon has already been done as a pan of the PEL. b. Identify and coordinate with consuhing parties (e.g., public, historic preservation groups, local historical societies, museums) regarding historic properties in the project area. c. Determine potential impacts, both direct and indirect, to historic resources and recommend mitigation strategies to avoid, minimize, or mitigate impacts. d. This scope assumes that there are no adverse impacts. e. Collaborate with the COOT Region Hi storian or EPB Senior Staff Historian to develop a Memorandum of Agreement,-This scope assumes that there are no adverse impacts. f. Work with the COOT Region historian or EPB Staff Historian to obtain any necessary approvals. Archaeology a. A review of historic Sanborn Fire Insurance maps and other appropriate archival sources will be completed to determine if the area may cont~in significant archaeological sites or feature·s. b. Conduct an intensive field survey of the project corridor(s) and undertake site-specific test excavations, as necessary and appropriate. tO determine NRHP eligibility. This scope assumes that the APE has been previously disturbed and much of the area is obscured by pavement, buildings and landscaping. Therefore the scope assumes fewer than four isolated finds and no sites will be located. The Consultant shall not undenake test excavations before consulting with the City. c. Write a Limited Results Cultural Resource Survey Form according to guide1ioes established by the OAHP. d. Coordinate the mitigation plan with the EPB Senior Staff Archaeologist, SHPO, and other required agencies. e. Conduct data recovery excavations at any significant archaeological site that cannot be avoided during construction. f. Analyze artifacts. g. Assist EPB as necessary with Tri bal consultation b. Prepare Section 4(f) documents as required. L. Paleontological Resources a. Perform an analysis of existing data (literature search, geologic map review and museum record search) for the Project corridor and the general vicinity in the same geologic units. The purpose of this task is to evaluate the Project corridor for the presence of previously recorded fossi l localities and the potential for previously undocumented surface and subsurface paleontological resources of scientific importance. b. Perform a pedestrian field survey of the Project corridor in order evaluate the surface of the corridor for adverse impacts to scientifically significant paleontological resources, and evaluate the corridor for the likelihood of adverse impacts to subsurface paleontological resources during Project construction. The purpose of the field survey is to perform a detailed inspection of the Project corridor surface in order to document scientifi cally important paleontological resources and evaluate the Project corridor for the potential for occurrences of subsurface fossils which could be adversely impacted during construction related ground disturbance. c. Synthesize and analyze the results of the analysis of existing data and the field survey and determjne the scientific importance (research and/or educational value) of potentially affected paleontological resources. d. Prepare a paleontological technical report which includes impact mitigation measures in accordance with best practices in mitigation paleontology. The repon will be prepared according to COOT specifications. Coordinate with the COOT paleontologist as needed throughout the project and including the development of the mitigation plan. March 22, 2016 114 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) H. Land Use Existing land use data for the purposes of describing the "affected environmem·· were already documented in the Existing Conditions Report from the PEL phase. Identify any impacts or consequences to land use.<~ and recommend appropriate mitigation measures as necessary. I. Social and Economic Resources Collect, map, and evaluate baseline information to investigate and document tbe effects of tbe project alternatives on community cohesion, safety and security, neighborhoods, and accessibility of facilities and services. Investigate the effects of the project alternatives on commercial and industrial enterprises, employment. local tax base, regional earnings, etc. When relevant, recent Census data shall be utilized. This will be done at the regiona.l and corridor level, as well as part of a cumulative effects analysis, as appropriate. Document impacts or consequences and recommend appropriate mitigation measures a'! necessary in the Socio-Economic Tecb Report. J. Environmental Justice Collect the necessary U.S. Census and other applicable data to identify e~isting low-income and minority populations, as well as adverse effects and mitigation measures or alternatives that would avoid or reduce the impacts according to environmental justice guidelines. Impacts to these communities will be evaluated using CDOT and FHW A guidance in accordance with Executive Order I 2898. Beneficial effects of the project on these populations will also be identified. The analysis will cross-reference other resources as appropriate (e.g., noise, air and water pollution, aesthetics, community cohesion, reloc-ation impacts). As part of the project's public participation or public involvement program, verify that meaningful opportunities for all members of the community to provide input to the project exist. Document the degree to which affected low-income or minority populations have been afforded the opportunity to provide input in the NEPA process related to the development of purpose and need, alternatives analysis and screening, , impact analysis, preferred alternative identification, and mitigation measures development. Collaborate with EPB's Environmental Justice specialist to determine the level of Environmental Justice outreach activities necessary to obtain sufficient input from low-income and/or minority populations. Document outreach efforts and input (or feedback) for low-income and/or minority communities within an Environmental Justice Technical Report. K. Bicycle and Pedestrian Facilities Existing bicycle and pedestrian facilities and data for tbe purposes of describing the "affected environment'' were already documented in the Existing Conditions Report from the PEL phase. (If Section 4(f) resources ate impacted see Section 4(f) and 6(f) Evaluation.) L. Residential/Business/Right-of-Way (ROW) Relocation The following activities will be performed and documented by a qualified member of the Consultant team, in coordination with the CDOT Region ROW manager (or designee). or Headquarters ROW specialist assigned to the project, in accordance with Title 23 CFR 7 J 0: a. Prepare a table identifying and li sting potentially affected properties including, at a minimum, ownership names, property and mailing addresses. estimated nreas of impacts, and indicating which alternatives impact each property. This table will be submitted to the COOT Region ROW Manager for review and may be included iJlthe NEPA document (without personal property de.taiJs) at the discretion of the COOT Region and/or Headquarters ROW staff. b. Perform a ROW field inspection of the build alternative. Ascertain number of parcels., types of improvements. and possible issues (e.g., historic sites). Estimate family sizes for residential relocations. c. Compile a ROW acquisition and relocation cost estimate. d. Prepare a property ownership map based on tax records, which identifies ownerships. e. Develop and document mitigation measures March 22, 2016 115 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE() M. Transportation Resources a. Develop traffic volumes using available traffic demand models; determine the design year during the scoping process for the project The model expected to be used for this project is the 2040 DRCOG model. Forecasts should be based on existing roadways and roadways that are committed to be constructed (that is, "No Actioo''-those that wiiJ be constructed regardless of whether the project in question moves forward). Future traffic forecasts must be developed for the No-Action Alternative and one build alternative. The results of the travel demand forecast process will be developed into a technical report. b. Travel Demand Forecasting tasks include: Model Stand-up Acquire the latest version of the Compass TDM Review coding in study area Confirm coding fixes with DR COG Test runs to establish a functional model Model Application: Apply the DRCOG Compass TOM for project-specific alternatives. HDR wiJI perform up to three (3) model runs for the project 2015 Base Year with coding fixes 2040 No Action Alternative 2040 PEL Alt.emative Post-Processing: Adjust model resuJts to account for differences between model tmffic assignment and real-world observations of traffic. HDR will apply NCHRP methods to produce intersection and segment peak hour traffic volume forecasts for each scenario Documentation: Provide thorough documentation of the modeling process in the form of a technical report. c. Existing and future traffic operations anaJysis will be conducted for the No-Action Alternative and up to two build altemative(s). Analysis will be completed in accordance with the latest edition of the Highway Capacity Manual or similar methodology. in addition, the ConsuJtant shall use a software package (Syochro) to evaluate the operations of tbe entire roadway network and report the appropriate measures of effectiveness for the alternative(s). The analysis may consider existing traffic volu mes, accident history, percent of truck traffic, directional splits on arteriaJs. turning movements at intersections, inte.rchange and ramp characteristics, traveUaccess patterns, level of service, delays. travel times and speeds, and areas of congestion. During the aJtematives development and evaluation process. a similar level of operations analysis will aJso be conducted on the aJtematives being considered. d. Traffic Analysis tasks include: Post-Processing DR COG data to convert to appropriate input data for Synchro modeL Build Synchro model for existing and two future scenarios. Conduct sensitivity analysis and optimize networks. Analysis is assumed to be conducted for AM and PM peak conditions for three scenarios (no action and two build alternatives). Documentation: The results of the operations analysis are documented into a Transportation Technical Repon. e. Safety concerns as previously identified in the PEL Existing Conditions Report will be considered in the analysis and design of the corridor. N. Uti lities and Railroads Utilize location key maps prepared for the PEL for existing and planned utilities in the area in coordination with the COOT Region utilities specialist. Conduct field utility locates for any newly identified utilizes that may have been instaJied since the PEL research was completed. Tbe potentiaJ impacts on or from utilities in the project area will be anaJyzed as well as any appropriate mitigation measures. 0 . Section 4(f) and Section 6(f) Evaluation March 22,2016 116 SCOPE OF WORK: WADS WORTH BLVD. WIDENING (PHASE 0 a. Use inventory map from the Existing Conditjons Report prepared for the PEL. b. Finaljze impacts to Section 4(f) properties. Assume de minimis impacts to historic properties, de minimis impact to Town Center Park and either de minimis or enhancement for Johnson Park. c. Submit de minimis forms to COOT. d. Prepare the Draft and Final documentation for Section 4(f) and/or 6(1) evaluation. This will go through the Region Planning and Environmental Manager (RPEM) to the EPB for review. e. Prepare evaluation and coordinate reviews with RPEM and EPB staff for review by FHW A. P. Farmlands NIA Q. Noise Prepare a technical noise assessment in accordance with the most recent COOT Noise Analysis and Abatement Guidelines and submit a comprehensive noise assessment document to CDOT for review and acceptance. The analysis will consist of tne following, each of which must be covered in the noise assessment document: a. Definition of relevant noise abatement criteria and identification of noise-sensitive land uses. b. Determination of existing noise levels (by measurement and/or modeling). c. Prediction of future traffic noise levels for each alternative, includjng the No-Action Altcrnati ve, using FHW A's current Traffic Noise Model. d. Determination of traffic noise impacts. e. This scope assumes no mitigation is feasible/reasonable. f. Development of recommendations regardjng noise abatement measures. g. Assessment of construction-related noise issues. h. The above items wiU be addressed and documented in a Noise Technical Report, which will be prepared and submitted to COOT for review and acceptance. Prior to beginning this work, the Consultant shall meet with COOT to review the appropriate noise methodology. Noise modeling should be completed for the model year 2040. The draft and final technical report will be completed and made available to the CDOT Noise Specialist for review; the findings will be incorporated into the NEPA document. R. Visual Resources Combine the assessment and simulations from the PEL Report with a general description of the affect on views from the perspective of a driver. Because the study area is an urban, built-up corridor with no sensitive views, a very minjmaJ visual written a.c;sessment will be done similar to the Template EA recently approved by FHW A and COOT for the Federal Blvd (7tbe A venue to West Howard Place) for the Template EA which can be found at: bttps://www.codot.gov/projectslfederalea7thtohowardlenvironmental-assessmentlfederal-boulevard-ea-oct- 20 14-englisn.pdf/view S. Energy NA T. Hazardous Materials Perform and document the following Initial Site Assessment (ISA) and/or Modified Environmental Site Assessment (MESA). This assessment will use information collected during the PEL process. but it wi II need to be updated since it is only good for 6 months. a. Conduct regulatory research that includes Lhe collection, mapping and Evaluatjon of data for the following resources: March 22, 2016 117 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) i. Hazardous Waste Lists compiled by U.S. EPA or CDPHE which identify. utilizing a database provider if appropriate. ii. Records kept by U.S. EPA or CDPHE on Hazardous Waste regulation violations or citations iii. Lists kept by the appropriate fire department iv. Available historic tax records which indicate past land use (coordinate with property ownership and land use data research), such as Sanborn Fire Insurance Maps v. Available historic aerial photos of the corridor (e.g., United States Geological Survey, public libraries. etc.) vt. Historic topographic maps vii. Any pertinent records maintained by COOT viii. Documented personal interviews, if approved by City/PM. ix. Agency file reviews b. Analyze results of regulatory research and records review and identify potential impacts construction activities may have on existing Hazardous Waste sites. Assess potential liability issues and hazards to the public and construction workers and develop potential mitigation options. Prepare the ISAIMESA Document to include rhe following: i. Prepare the draft and subsequent fioallSAs to address comments provided by COOT. 11 . ISAs will conform to American Society for Testing and Materials (ASTM) standards for Phase I reports (with limitations), and make a determination of the necessity of a Phase ll report. iii. Identify how l:he presence of Hazardous Waste locations may impact each alternative, including the no-action alternative. GIS mapping will be desired. Z. Cumulative lmpacts Consistent with CEQ regulations, the cumulative effects on resources, ecosystems and human communities will be evaluated for each alternative. The analysis wiU both list and consider incremental impacts of each alternative in conjunction with past, present, and reasonably foreseeable future actions. no matter what entity (federal, non-federal, local government, or private) is taking or has ta.ken the action; but the analysis should only focus on meaningful effects. Develop the scope of the analysis in consultation with FHW A and CDOT, and, in general. base temporal and spatial boundaries on the natural boundaries of resources of concern and the period of time that the proposed action's impacts will persist. The analysis will be incorporated into a separate Cumulative lmpact Assessment Tech Report and summarized in the Template EA. I 0. PUBLIC AND AGENCY INVOLVEMENT This section identifies public and agency involvement tasks anticipated for the project. A. Stakeholder Involvement Plan Prepare a Stakeholder Involvement Plan including an agency coordination plan specific to the nature of this project. It shall support the Project Work Plan. The level of effort included in the plan will be in keeping with the complexity and expected controversy of the project. Coordinate with the City/PM to identify the level of effort to be documented in the plan. At a minimum, th.e plan should: c. Develop a stakeholder database i. Establish and maintain a computerized list of appropriate interested parties for the communication process. The information on the list shall include as a minimum: • Name • Firm (if any) • Mailing/E-mail address March 22, 2016 l 18 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) • Phone/Fax number ii. The contacts will be compiled from t.he list below, as supplemented by the Project Team and the attendees at public meetings: • Public Agencies • EJected/Appointed Officials • Neighborhood Groups • Property Owners/Tenants • Business Interests • Special Interests • Media Contacts d. Develop a strategy and schedule for public notice of outreach efforts and dissemination of information. e. Develop quarterly content documents for I year (4 total) containing newsletter text, comment summary report, website text, elected officials briefing information with current project information. f. Identify methods for public notification and dissemination of information, such as newsletters, flyers, postcards, web site, press releases, and miscellaneous informational materials, among others. e. Public Meetings (2 public meetings) These meetings wiJl be used to establish communications with the public, add to the ''contact list". and gather information regarding local concerns. The second meeting will serve as the public hearing described below. f. Block-by-Block Meeting (2 rounds of meetings): Consultant will organize logistics, public notice, meeting materials. refreshment<>, and facilitate two (2) rounds of Block-by-Block Meetings. Each round of Block-by-Block meeting will consist of four (4) one and a half (1.5} hour presentations to small groups representing geographic subsets of the project area. Each round of meetings will take place over the course of one (I) day. g. Individual Landowner Meetings: Eight (8) meetings with property and business owners or others directly affected by the project work will be scheduled by the Consultant with property owners identified during project development to identify likely impacts and discuss possible mitigation or resolution. b. Online Public Meeting (2): A self-guided online public meeting tool will be developed by Consultant during the a.ltematives analysis phase of the project to allow for public sharing of the proposed alternatives and after the alternatives phase for the preferred alternative. Online surveys wiJI be utilized to gather additional feedback from the public via the online open house. II. TEMPLATE EA DOCUMENTATION PROCESS Develop, coordinate, write, review, conduct QA/QC and finalize the Template EA in accordance with the current provisions of the following laws, regulations, and standards. A. Preliminary Data Submission Provide a report detailing the data collected for the resources listed under "Data Collection, Field Investigation and Analysis" and "Environmental Analysis and Documentation" of this Scope of Work for the affected environment and impact sections of the Template EA. The Scope of Work will be revisited for possible update at. the end of this Preliminary Data Submission task when more is understood about the impacts or analyses that will be necessary (determined during scoping and data collection). B. Draft and Fina.l Template EA Preparation A<>sign a team leader qualified to (I) manage the Template EA process, (2) develop a schedule for document preparation, printing, review, and comment response, (3) direct the Consultant team in the following tasks in coordination with the City, COOT Region, EPB, and FHW A. The COOT NEPA Manual March 22, 2016 I 19 SCOPE OF WORK: WADSWORTH BLVD. WIDENING {PHASE I) specifies the number of copies to be provided for document review for each phase of the Template EA process. a. Distribute the internal draft Template EA and relevant technical reportS for review to a distribution list specified by City /PM and CDOT. Prepare the draft Template EA and relevant technical reports with each version. Provide effort for review cycles of the draft Template EA and relevant technical reports. Coordinate and conduct no more than two comment resolution meetings for distribution list comments. Respond to comments within a reasonable number of working days after received. b. Determine review process to be used for the Template EA. c. Coordinate with the City. and appropriate agencies. and FHW A.to discuss the impacts and mitigation measures Take necessary actions to resolve issues. d. Prepare a Template EA outline for review by the City, COOT. and FHWA. Prepare no more than three versions of the outline to be submined and reviewed, with reviews and approvals being conducted by COOT. FHWA, and other appropriate agencies. e. Prepare and provide to the City and CDOT Region the complete draft Template EA and relevant technical reportS [in paper format and also in electronic format). Provide effort for review cycles of the draft Template EA and relevant technical reports for Region review. Coordinate and conduct no more than two comment resolution meetings for City and Region comments. lf deemed appropriate by the PMT and COOT. a concurrent review may be conducted between the Region and EPB. f. Prepare and provide to the Ciry and COOT EPB the complete draft Template EA and relevant technical reports. Provide effort review cycles of the draft Template EA and relevant technical reports for the City and COOT EPB review. Coordinate and conduct no more than two comment resolution meetings for the City and COOT EPB comments. g. Prepare and provide to FHW A Colorado Division and FHW A Legal the complete draft Template EA and relevant technical reports. Provide effort for review cycles of the draft Template EA and relevant technical reports for FHWA Colorado Division and FHW A Legal review. Coordinate and conduct no more than two comment resolution meetings for FHW A comments. h. After each review cycle, mak:e appropriate revisions to each subsequent version draft Template EA and relevant technical reports until comments are su fficiently addressed. Copies of each subsequent draft shall be provided to COOT for distribution to COOT, and appropriate agencies. and FHW A. A review meeting will be held to discuss review comments. if needed. i. For the review cycles listed above, prepare a comment/response matrix for each draft Template EA and relevant technical reports that describes how each comment was addressed. This matrix will be distributed with each version of the draft Template EA and relevant technical reports that the City. COOT. and FHW A review. j. Submit the Template EA to the City and COOT for signature and routing to FHW A for approval. C. Draft Template EA Distribution, Advenising and Public Review, Review and Concurrence, and Public Template EA Availability and Advertisement a. Provide the following services in coordination with the City's PIO. COOT Region, or EPB specialist: 1. Create draft and final text for the public Notice of Availability of the Template EA and the date. time and location of the public hearing for placement in appropriate local papers and provide to the FHW A Operations Engineer for processing. ii. Follow the signature process outlined in the COOT NEPA Manual. iii. Prepare aspectS of the project necessary for public review of the Template EA and relevant technical reports, including placing the documents in libraries, on the project web site, and with agencies. For public dissemination the Consultant shalJ provide an agreed upon number of copies of the signed Template EA. iv. Compile public comments in determined format by City/PM. March 22,2016 120 SCOPE OF WORK: WADSWORTH BLVD. WrDENING (PHASE I) v. Provide an electronic version of the Template EA and relevant technical repons on the City website in PDF. or other read only format. b. Make revisions to the final draft Template EA and relevant technical repons. The resulting Template EA and relevant technical repons will be provided to the City and COOT for distribution and final review, prior to preparing the signature copy. Provide certification that all comments have been addressed. The ConsuJtant shall submit a signature copy of the Template EA and relevant technical repons to COOT for signatures and routing to FHW A for approval, and then will provide copies of the signed final Template EA to the City and COOT. D. Public Hearing Provide the forlowing services, in coordination with the City, COOT Region and EPB: a. Determine location for public meeting and ascertain that faci lities are ADA compliant and culturally neutral. b. Advertise the public hearing/meeting date and location. c. Hire translator, or sign language communicator. as needed d. Provide audio/visual equipment and support for presentations, as needed e. Prepare the graphics/display board to include, at a minimum, the following features: 1. Purpose of and need for project ii. Maps showing alternatives iii. Description of social, environmental and economic impacts iv. De ign features v. Consistency with federal and local plans vi. Right-of-way information, acquisition, and construction vii. Source and amount of funding viii. Location of 4(f) properties if required ix. Any other project-specific resource impacts deemed appropriate x. Mitigation measures that warrant public disclosure or relevance xi. Anticipated project schedule and next steps xii. How and where the public can provide comments f. Provide a court reporter (if public hearing) and prepare a certified transcript of the public hearing within 10 working days after the public hearing/meeting. E. Finding of No Sign incant Impact (FONSI) Preparation a. In the event that significant impacts are identified, the NEPA process would be required to conrinue to the preparation of an EIS rather than a Finding of No Significant Impact (FONSI). Continuing the preparation of an EIS is at COOT's and FHWA's discretion, and should not be considered part of the initial cope of work. At this point, a separate Consultant contract would be required. with a oew scope of work. b. At the conclusion of the public comment period, if the project is determined to have no significant impact. a (FONSI) may be prepared. The following services would be addressed in coordination with the City, COOT Region, and EPB: i. Prepare draft FONSI and relevant supporting documentation for incorporating comments received at the public hearing/meeting or from the Template EA public review period. ii. Submit draft FONSI (note how many copies: electronic vs. paper) and relevant supporting documentation to the City, COOT Region, EPB, and FHWA review. March 22, 2016 121 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) iii. Coordinate and conduct a draft FONSJ and relevant supporting documentation review meeting and modify the draft FONSI to respond to comments received. Provide cerrification that comments have been addressed iv. If necessary, re-submit the draft FONSI and relevant supponing documentation for review to verify that all comments have been made. v. If necessary. modify the draft FONSI and relevant suppon ing documentation to respond to comments received. vi. Submit final FONSI and relevant supporting documentation for signature using the signature process outlined in the COOT NEPA Manual. Make bard copies and electronic versions of the final FONSI and relevant supporting documentation on compact disc. vii. This Scope of Work could be supplemented for additional as-yet unidentified work. if City or COOT determines addirional work is warranted or needed.ln the event that none of the alternatives are selected at the conclusion of the Template EA process, this portion of the scope and contract wi II be voided. March 22, 2016 122 GENERIC SCOPE OF WORK BASIC CONTRACT SECTION 7: PRECONSTRUCTION WORK TASK DESCRIPTIONS TASK DESCRIYflON 1. PROJECT INITIATION AND CONTINUING REQUIREMENTS A. Environmental Mitigation and Requirements Verify that any mitigation commitments within the NEPA documentation are incorporated into the project design plans. B. Identify Design Criteria Submit a copy of a revised COOT Fonn 463 (Appendix A) with the appropriate items completed. C. Initiate Survey Arrange Preliminary Field Survey. COOT Fonn 1217a is an outline of a complete survey request and may be used as a guide for completing the survey plan. D. Trame Control Consultant field activities that interfere with traftic operations within existing roadways will require control of traffic. The Consultant shall plan and provide any required traffic control for the survey. testing, or the design process. Truffi c control operations will be in accordunce with the MUTCD. The proposed Method for Handling Traffic (MHT) must be submitted to the Ci ty/PM. Also. certification of the Traffic Control Supervisor as a Worksite Traffic Supervisor by the American Traffic Safety Services Association (ATSSA) or as a TCS (Traffic Control Supervisor) by the Colorado Contractors Association (CCA) shall be required. E. Strud ure Review Meeting While the major structural design work is progressing. the Consultunt haJJ meet periodically with the COOT Structure Reviewer to review tbe work. These meetings will be in addition to the Project Progress Meetings. One such meeting is assumed. Other required meetings are described in subsequent sections. F. lnltial Submittals Submit the following samples to the City/PM for approval: a. An original plun sheet that complies with this scope of work b. Photogrammeuic and/or survey data and a drawing or photograph in accordunce with the requirements specified in this scope of work Note: No original plan sheets or photogrammetric survey work will be accomplished until satisfactory samples have been received and approved by the City/PM. 2. PROJECT DEVELOPMENT A. Pre-Survey Meeting The Lund Partnership will attend a pre-survey meeting with the appropriate staff personnel from the City of Wheat Ridge. B. Street Perm.lts/Tratrac Control Plan The Lund Partnership wiJI acquire a special use permit from COOT and a right-of-way construction permit from the Ciry of Wheat Ridge in order to survey within the right-of-way of Wadsworth Boulevard and adjoining streets. This process includes the preparation of a traffic control plan which confonns to the Manual on Unjform Traffic Control Devices (MtiTCD) and a separate certificate of insurance naming the Colorado Department of Transportation as additionally insured. A traffic control plan will be provided by our vendor Road way Safety Solutions, LLC. C. Task C -Pennission to Enter Property The Lund Partnership will obtain "Permission to Enter Propeny'' as needed. It is assumed that approximately seventy (70) properties may require permission to enter. March 22, 2016 SECTION 5: PROJECT INITIATION AND CONTINUING REQUIREMENTS 123 SCOPE OF WORK: WADS WORTH BLVD. WIDENING (PHASE I) D. Survey Control, PLSS Aliquot Land Corners & Property Evidence Ties Horizontal and vertical survey control for the surveying tasks described herein will be based on the City of Wheat Ridge Geodetic Surveying requirements. We anticipate establishing a project control point approximately ever 500 feet for a total of twelve (12) project control points along the corridor. The Lund Partnership will perform a GPS fast static control survey and run diffe.rential level loops through the project control points. The Lund Partnership will search for, locate and survey approximately sixteen ( 16) Public Land Survey System (PLSS) Aliquot Land Comers and approximately one-hundred (100) right-of-way and propeny comers along the corridor and first tier of properties adjoining Wadsworth Boulevard. E. Task E -Land Survey Control Diagram The Lund Partnership will prepare a Land Survey Control Diagram in Colorado Department of Transportation (COOT) format indicating the results of the above described survey. The Land Survey Control Diagram wi ll be used for inclusion in the Phase fi right-of-way plans. F. Topographic Survey (Ground) Within the project survey limits as indicated on the attached exhibit map, the Lund Partnership will obtain, by field methods, existing visible planimetric features and topography at one foot (1 ') contour intervals. G. Survey Assumptions For the protection of our survey field personnel, traffic control will be provided by our vendor Roadway Safety Solutions, LLC. The firm of 111 Call Locating and Utllity Services wiJl mark the underground utilities within the survey li mits. Once the utilities have been marked, the Lund Partnership will survey the paint mark locations. The methods of determining existing underground (subsurface) utiUties depend on tbe electronic signal sent to a band-beld receiver after connecting direcdy to the utility. Metal tracers are typically installed in non-metallic pipes sucb as water and sewer lines. If a utiUty doesn't bave a metal tracer, or if an electronic signal is not possible, tbe utility cannot be traced. Field personnel of tbe Lund Partnership are strictly forbidden to enter any manhole or subsurface access to obtain invert. elevations, pipe diameters or dlrectlon of flow. Invert measurements must be obtained from outside of tbe manhole or inlet Field data collection will be captured in COOT TMOSS format. The TMOSS survey will be delivered only in electronic format in the latest COOT Microstation Inroads workspace or format and AutoCAD 20 15/Civil 3D format. 3. CONCEPTUAL DESIGN A. Traffic Engineering a. Review locations with "potential for accident reduction map" and or traffic operations analysis and or the safety assessment repon as provided by t he City and/or COOT todetennine whichsafety improvements will be incorporated into the project. b. Analyze the proposed project design with the traffic projection data. Toole will also review avaiJable signal data and work with signal designers to verify the proposed design and timing work for the bike facility. March 22, 2016 124 SCOPE OF WORK: WADSWORTH BL YD. WIDENING (PHASE I) c. Recommend the appropriate geometry (i.e., number of lanes, auxiliary lanes, storage lengths., weaving distances, etc.) in accordance with the current version of Highway Capacity Manual. d. The proposed design shaH be reviewed to verify compatibility with existing signing procedures throughout the preliminary roadway design process. e. Use traffic data appropriate to the anticipated const:ruction timing in developing detour aJtematives. f. Develop the totaJ ESAL for the design life and submit to the City/PM for the pavement design. g. Submit the traffic data and recommendations to the City /PM for review. B. Materials Engineering a.. Preliminary Soil investigation. Soil investigation performed for this corridor during PEL phase of the project and summarized in the report dated October I, 2014 will be utili7.ed for the preliminary design of the mainline roadway. Supplemental soils investigation will be performed for the re-aJignment of the 48111 Ave and will include the following: i. Determine test hole locations (horizontaJ and vertical) and coordinate with the City/PM. 11. Collect soil samples and test for: a. Classification b. Moistu~Density Relationship c. Resistance Value d. Corrosiveness Note locations of high corrosiveness with recommendations e. Bearing Capacity 111. Prepare and submit a supplementaJ soils investigation report. b. New Pavement Structure The feasible alternatives of new pavement structure shaJI be designed utilizing procedures accepted by the City/PM. c. Pavement Justification i. Basic factors: a. Desired life expectancy (obtain design life from CDOT). b. Required maintenance activities intervals. c. Basis for performance life. ii. Analyze life cycle cost of the selected alternatives a. Perform analysis with unit and maintenance costs from COOT. Determine present worth and annual co ts in accordance with the procedures in the COOT Pavement Design Guide. b. Compare alternatives over the same life span. c. Recommend the pavement structure and provide the basis for the recommendations. d. Draft Pavement Design Report Include all the above tests, investigations, analyses. and calculations performed as a result of this section. Submit to the City/PM for acceptance. C. Structurt!S a. Foundation Investigation Report 1. Prepare a Foundation lnvestigation Reque t showing requested test hole locations. March 22, 2016 1 25 SCOPE OF WORK: WADS WORTH BLVD. WIDENING (PHASE I) ii. Formulate drilling pattern, perform the necessary subsurface investigation and collect samples as required. ii i. Perform the appropriate laboratory tests and analy-a the data. Determine strength, allowable bearing capacity and coiTOsiveness of foundation material. iv. Provide lateral analysis parameters (deformation, moment, and shear) for the caissons and/or piles which are subjected to lateraJ loading . This may be a computer analy is which wiU consider the group effect and selection of the soil parameters. v. lf appropriate, a pile driving analysis using a wave equation will be accomplished. vi. Submit the Foundation Investigation Report to the CityiPM for approval. vii. Prepare engineering geology plan sheet and copies of the Foundation Investigation Report foundation report with recommendations for type, size, and tip (bortom) elevation of the required foundation. Specify if pre-drilling. pile tip. casing. dewatering, etc., are needed for foundation construction. March 22,2016 Conduct geotechnicaJ analyses and, utilizing report prepared for the PEL phase of this project dated October I , 2014, prepare a Draft supplemental final geotechnicaJ report with recommendations for earthwork, structure foundations, slopes, material sources, special construction requirements, etc. The proposed field investigation consists of: a. 8 borings for the proposed retaining walls. The estimated average depth of these borings is about 50 feet below existing grade. b. 2 borings for pavement thickness design of the 48th Avenue Frontage Road. The estimated depth of these borings is I 0 feet below existing grade. For the purpose of this proposal, we have made the following assumptions for drilling: a. The borings can be drilled within City of Wheat Ridge right-of-way. b. If borings will not be within City of Wheat Ridge right-of-way, access to the boring locations will be provided. c. The borings will be accessible by a truck mounted drill rig. d. Drilling can be accomplished using auger drilling techniques. e. Boreholes will be backfilled using cuttings from the boreholes and excess cuttings can be spread adjacent to the boreholes. lf any boreholes are drilled through pavement or sidewalk, they will be patched with high strength grout. f. Traffic control will be required during drilling for the proposed 48th Avenue Frontage Road and for some wall borings. Permits will be obtained from the City of Wheat Ridge and COOT, and utility locates will be arranged prior to drilling. Boring locations and elevations will be urveyed by Lund. Representative soil samples will be obtained from each boring typically at a 5 foot interval using a modified California sampler or a standard split spoon sampler. Laboratory tests will be performed on samples obtained from the borings to evaluate pertinent engineering properties. The laboratory tests may include classification, moisture/density, sweiVconsolidation, R-value, pH, resistivity, water soluble sulfates, and water soluble chlorides. A draft geotechnical report win be prepared which will summarize the results of the subsurface investigation and present draft geotechnical engineering recommendations for design and construction of the proposed structures. Our report will include the following: 126 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE 0 a. Descriptions of the existing soil and/or bedrock conditions encountered. b. Logs of lhe exploratory borings and results of the laboratory testing. c. Preliminary geotechnical engineering recommendations for retaining walls, updated pavement design recommendations using the new COOT M-E software, and a pavement justification report in conformance with lhe COOT 2015 M-E Pavement Design Manual, as needed. d. Preliminary geotechnical construction considerations. Exclusions: I . Surveying the as-drilled boring locations. 2. Access agreements to get to boring locations via private property, if required. 3. Surface drainage and construction phasing. 4. Environmental monitoring during drilling and environmental sampling and testing of soil and water. D. Hydrologyll:lydraulic Engineering a. Hydrology i. Establish drainage basin data: delineate, determine size, waterway geometries, vegetation cover, and land use. ii. Collect historical data: research flood history and previous designs in the project proximity; and obtain data from other sources (e.g., Urban Drainage & Flood Control District. Colorado Water Conservation, CDOT Maintenance, and local residents). iii Select a storm frequency based on lhe established criteria. iv. Complete a hydrological analysis using existing studies or approved methods. v. Perform a risk analysis. b. Hydraulics i. Accomplish lhe preliminary design of minor drainage structures: a. Assess lhe degree of sediment and debris problems to be encountered, including abrasion and corrosion. b. Type, size, shape and material of the structures. c. Prepare preliminary structure cross-sectio ns to determine the elevations. tlow lines, slopes and lengths of the structures. Show the flow quantity on the sections. d. Complete lhe design computations. e. Determine high water level. 11. Recommend culvert pipe sizes, type, shape and material. iii. Pipe Material Justification Lener c. Conceptual Hydraulics and Hydrology Report. lnclude the following: 1. Hydrology analysis ii. Minor structure hydraulic designs iii. Structure cross-sections iv. Storm Water Management Plan v. Appendix: a. Drainage basin maps March 22, 2016 1 27 SCOPE OF WORK: WADSWORTH BLVD. WIDENlNG (PHASE I) b. Hydrology/hydraulic worksheets E. Utility Coordination a. Location Maps Obtain utiHty location maps from the Utility Companies which identify utility features in the project area. Requests and receipt of maps will be coordinated with the City and Region Utility Engineer via copies of request and transmittal letters. Location maps will be deli vered to the City. b. Reviews and Investigations Conduct field reviews and uti lity investigations with the City Region Utility Engineer and Utility companies, as required, to verify correct hori zontal and vertical utility data. When possible this will be done utilizing non-destructive investigative techniques. Only horizontal and vertical locations will be shown in the conceptual plans. The project scope will consist of performing forty (40) SUE QuaHty Level "A" test holes at utility crossings at various locations. When "potholing" is required, the Consultant shall be responsible for necessary excavations. c. Incorporate utility locations in plans from utility survey d. Relocation Recommendations Identify potentiaJ relocation or adjustments of affected utilities to the City and Region Utility Engineer. F. Roadway Design and Roadside Development Coordinate design activities with required the City, COOT specialty units, and other outside entities. a. Roadway Design i. Input. check, and plot survey data ii. Verify that a project specific ooon:Hnate system approved by the City is used to identify the horizontal locations of key points. The coordinate systems used for roadway design and ROW shall be compatible. iii. Input and check horizontal and vertical alignments against design criteria. Identify potential for variances and/or design decisions. iv. Provide alignments, toes of slope and pertinent design features, including permanent and temporary impacts, to the ROW, Utility and Environmental Managers. v. Plot/develop information required information for the conceptual level of design on the plans necessary for the identified NEPA process. vi. Using current approved City software, generate a 3 dimensional design model and produce preHminary quantities vii. Develop conceptual major intersections layout (assumed 2) viii. Develop alignment, toes of slope and pertinent design features, including pavement and temporary impacts for the proposed 48th Ave realignment IX. Develop preliminary layout. alignment, and profile for consolidated accesses (assumed 3 locations) b. Roadside Development: For roadside items including but not limited to, guardrails. delineators, landscaping. sprinlder systems, bike paths, sidewalks, lighting. curb ramps, provide the following: 1. Conceptual layouts in the 30% plans a. Bicycle and sidewalk facility information to be provided by Toole b. Landscape, lighting and median design to be provided by HDR G. Right-of-Way March 22, 2016 128 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) The Lund Partnership will obtain existing deeds, street ordinances, subdivision plats, land survey plats, assessor's maps and monument records necessary to evaluate the existing right-of-way and property lines within the project limits. Title commitments are !!Q! a part of this proposal. Based on the record information obtained and the field survey conducted, the Lund Partnership will prepare a preliminary right-of-way model I ownership map. The preliminary right-of-way model I ownership map is not based on actual boundary surveys of adjoining properties nor will it show easemen!S/encumbrances which may be reflected in title commitments. Rather, the preliminary right- of-way model I ownership map may be used to generall y show impact areas of future street improvements. The preliminary right-of-way model / ownership map will be delivered onl y in electronic fonnat in the latest COOT Microstation Inroads workspace or format and AutoCAD 20 I 5/Civil 30 format. The following work shall be done by. or under the immediate supervision of, a Professional Land Surveyor (PLS). H. Major Structunl Design Major structures are retaining walls with a tota.l length greater than one hundred feet and a maximum exposed height at any section of over fi ve feet. This length is measured along the top of waH for retaining walls. Overhead sign structu res (sign bridges. cantilevers, and butterflies extending over traffic) are also major structures. but are exempt from the structure conceptual design activity defined here. Collect retaining waiVtemporary impacts info in the Johnson Park area in enough detail to calculate acres of impact to Clear Creek floodplain, to trees and to Johnson Park as well as information on any deep construction required. The CDOT Structure Reviewer will participate in coordinating this activity. a. Structural Data Collection 1. Obtain the structure site data. The followi ng data, as applicable, sbaiJ be collected: (Typical roadway section, roadway plan and profile sheets showing alignment data, topography, utilities, conceptual design plan) Right-of-Way restrictions, preliminary geology information. environmental constraints, lighting requirements. guardrail types. recommendations for structure type. b. Structure Layout 1. Review the structure site data to determine the requirements that will control the structure size, layout, and type. ii. Determine the structure layout alternatives. For walls, determine the necessary top and bottom of wall proftles. I. Construction Phasing Plan A conceptual construction phasing plan will be developed to verify the structural and constructability opportunities are compatible with the roadway design. This plan should also address the ac{;eSS impact to the adjacent propenies. A Preliminary traffic control plan will not be developed at this time. J. Preparation of Conceptual Plans. Plans will be developed to the 30% level sufficient for concluding EA process. Where information from other efforts is available tbe following wUI be developed: a. Coordinate, complete, and compile the plan inputs from the City and COOT. March 22, 2016 129 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) b. Prepare t.he conceptual cost estimate for the work described in the conceprual plans based on estimated quantities. c. The conceptual plans shall include: title sheet, typical sections, plan/profile sheets, and conceprual layouts of intersections. T he plan/profile sheets will include the following: existing topography, survey alignments, projected alignments, profile grades, ground line, existing ROW. rough strucrure notes (conceptual drainage design notes, including pipes and inlets), and tX,iSting utility locations. i. The following items may be incorporated into the conceptual plans: a. Catch points b. Proposed Right-of-Way c. Soil profile and stabili1..ation data d. Structure general location and aJignment ii. Typical plan sheet scales will be as follows: a. Plan and Profile: I inch = 50 Feet (Urban); I inch = 100 Feet (Rural) b. Intersections: I inch = 20 feet d. The ROW ownership map shall be included in the conceptual plan set. e. The plans shall be submitted to the City!PM for a conceptual review. f. ConceptuaJ plan reproduction not to exceed 20 sets. g. The conceptual construction phasing with proposed detours will be included in the conceptual plan set h. COOT form 1048-project sc.oping procedures completion checklist K. Conceptual Plan Review a. The meeting minutes shall be prepared by the CIPM, approved by the City !PM, and distributed as direeted b. The conceptual plan sheets shalJ be revised/corrected in accordance with the meeting comments within thirty (30) working days c. Design decisions concerning questions raised will be resolved in cooperation with the City/PM. The CIPM shall document the decision and transmit the documentation to the City/PM for approval. d. A list of all deviations from standard design criteria along with the written justification for each one shall be submitted to the City/PM L. Revisions The Consultant shaJI complete Lbe work with the City to agree upon and document revisions required before this phase of work is considered to be complete. 4. CORRIDOR MANAGEMENT SUPPORT A. Design Control a. Provide the required staff, communication equipment and computer syStems with appropriate software for t.Tacking and monitoring the planning efforts. b. Develop a quality assurance program that verifies accuracy of plans. c. The consultant shall coordinate the technical aspects of the planning efforts such as: i. Ensuring that the separate projects utilize the same reference and data base for horizontal and vertical control. March 22, 2016 130 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) ii. Bearings, coordinates, grades and elevations are identical for common control lines on separate projectS. B. Information Services a. Provide a management information system to monitor and repon progress. This System will include a computer terminal and/or software for the City/PM which the consultant shall fum.ish and maintain. This system will: i. Provide access to current project data and status (e.g .. progress versus schedules and cost estimates versus budgeted funds) ii. Inc lude the project schedules for submittals and key events iii. Identify progress with respect to the schedules iv. Identify critical path activities v. Provide upon demand the scheduled submittals/key events for designated time periods C. Budget Planning Suppon a. Maintain a current file of project cost estimates. The date and type of each estimate will be identified. b. Maintain a current file of existing and proposed funding for projects. Types of funding source.s will be identified. c. A continuing evaluation of cash flow requirements and drnwdown schedules of administrative, conceptual engineering. and environmental costs will be accomplished. The funding requirements will be compared with the budget. also on a continuing basis. The City will be notified immediately of changes in funding requirements. (This wi ll be in the monthly reports and billing). 12. DELIVERABLES The following documents will be considered as official deliverobles. Delivernbles to the City will be submitted by the dates agreed to within the project contract and related agreements. Enviro nmental • Purpose and Need statement • ROW and Relocation Tech Report • Alternative Selection Report • Historic Resources Report from PEL. • Trnnsponation Tech Repon • Cumulative Impact Assessment Tech Report • AQ Tech Report • Noise Tech Report • Limited Results Cultural Resource Survey l'orm • Paleontological Tech Report • Floodplain and Drainage Assessment Repon Public Involvement • 22 Presentation Boards for I Public meeting • Socio-economic Tech Report • Initial Site Assessment • Biological Resource Report • Section 4(f) Evaluation • Safety Assessment • Quarterly project content document (no more than 4) containing newsleller text of 600 words or less for inclusion in Connections newsletter; text updates of underiOOO words for website; elected officials briefing document (2 pages or less) with up-to-date project information for each quarter. • 2 Block-by-block meeting worlcback schedule, 2 meeting plans, attendance by 2 staff • 2 Public Meeting worlcback schedule. meeting plan, attendance by up to 3 HDR staff • Two mail pieces for (I )block by block meeting and the (I )public meeting • I paid social media advertisement valued at $200.00 • Up to 10 meetings with technical teams, issue task forces. property and busine s owners • Up to 3 City Council meetings • Meeting summary documents March 22, 2016 131 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) Engineering I Survey • Specific Design Criteria • Conceptual roadway plans developed to the 30% level sufficient to identify areas of impact • Conceptual lay out of two intersections • Project Control Diogmm (in COOT format) Task E • TMOSS Survey (delivered in electronic format for both MicroStation InRoads and AutoCad 2015/Civil 30 ) • Hydrology and Hydraulics Repon Appendices Appendix A: Appendix 8 : Appendix C: March 22,2016 COOT Form 463 Definitions Wadsworth EA Survey Limits Map 132 March 3, 2016 SCOPE OF WORK: WADSWORTH BLVD. WlDENING (PHASE I) APPENDIX A COOT Fonn 463 Dated 511 8/20 15 Current as of March 2016 Att achment 2 135 COLORADO DEPARTMENT OF TRANSPORTATION Orlg. date: 5 /15/2015 Project code ~ (SAlt) 21006 J snP • SR170t2.ote DESIGN DATA Rev.dete: Project II 1211-086 0 Metric lA English Revision M PE pr()joct cod<! PE prcje<:t M Page 1 of2 Region II 1 Status: 0 Pmlimlnarv 0 Anal 0 Revised Prepared by: Mark Westberg Revised by: I ! Project de5cription Wid-Wiclonlng 'N3Sdl· W~<ll LA Counlyl Jefferson Counly2 l ~;ounly3 Date: 5/18/2015 Date: ; I Munldpallly City of Wheat Ridge Sub~bV PrQJ~anaoer: Approved by Preoonstructlon Engineer: Systom code: 0 IM 0 NHS 0 STP 0 Other lM8ill !borg. City ol WhOa! Ridgo 1 0\'ersighl by • IZl COOT 0 FHWA 0 Other Date: 5/18/2015 Planned l&ngth 1 2Mltoo Geographic location SH 121: Wadsw orth Boulevard from W 35th Avenue toW 48th Avenue Type of terrain 0 level 0 plains 0 rolling el urban 0 mountainous Description ol proposed construction/Improvement (attach map showing site location) Develop an EA Template and construction plans to widen Wadsworth Boulevard from 4 lanes to 61anes with additional tum lanes at key congested intersections and medians to better manage access along the corridor. Included will be a cycle track and sidewalk s. Also, included will be new LED street and pedestrian lighting and streetscap e improvements with land scaping a n d s treet furniture. II Traffic (Note: use columns A, B, and/or C to identify facility described below) Future year:~ Current year: 2014 Facility location Facility ADT DHV DHV% trucks ADT OHV Industrial Commercial Residential Other A SH t21 45,500 Undivided 70.000 0 IZI (d 0 B 38th Avo. 16,250 Undivided 25,000 0 0 rzJ 0 C 441hAve 14.000 Undivldod 22,000 0 0 Ia 0 .Rdwyclass Route Relpt Endrelp1 Functional classification Facility type Rural code 1 . SH 121 Major Principal Arterial Undivided 2. 38th Ave. Principal Arterial Undivided 3. 44th Ave Minor Arterial Undivided IJ Design standards (identify substandard Items with an • in 1st column & clarify in remarks) A: Final Reco-e<l Alterative 8: C: Stendard Existing Proposed Ullimate Standard Existing Proposed Ultimate Standard Existing Proposed Ultimate Surface type Ill luminous ~oro to Typical section type A M 1 of travel lanes • 6 Width ol travel lanes I 1'•12' ,,. Shoulder width lt./medfan NIA NIA Shoulder width rtl outslde NIA N/A Side slope disl. ("z') .. .. Median width 5'·12' 8'·19' Posted speed 40 MPH 40MP>t Design speed 45MF'H 45 MPB Max. superelevatron NIA NIA Min. radius 643' 643' Min. horizontal SSD NIA NIA Min. vertieal SSD NIA NIA MaJt grade 6.0% 6.0% ProJect under 0 1R 0 3A IZl 4R 0 Other. criteria Existing guardrail meets current standards: 0 yes O no 0 Variance fn minimum design s1andards required 0 Safety project Comments: 0 Justification attached 0 Request to be submitted Between NB Wadsworth Blvd. and W. 48th Ave. 0 Bridge (see item 4) 0 See remarks not all standards addressed 0 Stage construction (explain in remarks) Aesur1acing projee1s 0 Reoommendations concerning safety aspects attached COOT Form 11463 12103 I PrOJ8C1 code • (SAjj) I Proje<:t II I Revise date Page2of2 g Major structures S= to 5tay, R: to be removed, P= proposed new struellJre Standard Structure Horizontal Vertical Year Structure 101 ~ Length I Ref. point Feature Intersected width .~dwy load I,IA~'"""A built Proposed treatment of bridges 10 remain In place (address bridge rail, capacity, and allowable surfac;ng thk:kness) ~~~ Project characteristics (proposed) I Median (tvoo): 0 0 oalnted fa raised 0 none I fa Llohtlna U Hendlcao ramos I !t.l Traffic control signals lA Striping 10 CUJb and ouner 0 Curb ontv I~ Left· turn slots 0 width: It' 10 Sldwalk W1dt~ 10' <.d B•kewav width: tO' cycle trade Ill Right-tum slots 0 width= II' I 0 Parklna lane width: .J Detours I Signing :tJ .£) 0 Landscaping requirements· (descnptlon) I o Other: (description) 10' wide amenity zone with street trees at35' spacing, benches with trash cans at bus stops or 300' spacing, pedestrian lighting at80' spacing • • Right of Way Yes No Est. II II Utilities (list names of known utility companies) ROW &lor perm. easement required· 0 0 500,000 Relocation required: ~ 0 8 Concast, Xcel, Century Link, Wheat Ridge Sanitation, Wheat Ridge Water Temp easement required· ~ 0 TBO Changes rn access· !2:1 0 ,_.._., Changes to connecting roads: !t) 0 2 ~~~ Railroad crossings II of crossings: None Recommendations II Environmental I Type: I Approved on: I under Project Code: I Prolect II 121 1-086 Commen1S -Coordination :l Wrthdrawn lands (powe_r_ sites, reservoirs, etc.) cleared thru BLM or forest seMce office Irrigation drtch name: Rocky Mountain Ditch Company ..J New traffic v""" ... , "'"' required 0 Modify schedule of existing ordinance Mu,,.,,....,,, City of Wheat Ridge Other: ~~ Construction method noAd Reason: 0 Design a Local F/A Entity/Agency contact name: Advertised by: 0 State 0 P.O RR F/A Mark Westberg 0 Local el Study Utirlty FIA Phone I . ONone :l COOT F/A a Miscellaneous 303-235-2863 ~~~ Remarks (include additiOnal pages If needed) OrlgiNII to Central FUes-Copies to: Region Flies, Region Environmental Program Manager, Staff ROW, Staff Bridge or other when appropriate. AASHTO 2 ADT ... .) ATSSA 4 ADAAG 5 BLM 6 CA 7 CBC 8 CDOT 9 City/PM 10 CDOT/STR II CDPHE 12 CEQ 13 COGO SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PH.-'\SE I) APPENDIX B DEFT ITlONS Amencan Association of State Highway & Transportation Officials Average two-way 24-hour Traffic in Number of Vehicles American Traffic Safety Services Association Americans with Disabilities Accessibility Act Guidelines Bureau of Land Management Contract Administrator. The City staff responsible for the satisfactory completion of the contract by the consultant. Concrete Box Culvert Colorado Department of Transportation Ci ty Project Manager-The City staff responsible for the day to day din:ction and Consultant coordination of the design effort. Colorodo Department of Transportation Structure Reviewer -The CDOT Engineer responsible for rev1cwing and coordinating major structural design Colorodo Department of Public Health and Environment Council on Environmental Quality Coordinate Geometry Output 14 CONSULTANT Consultant for this project 15 CIPM 16 DE IS 17 DHV 18 DR COG 19 EA 20 EIS 21 ESAL 22 ESE 23 FE IS 24 FEMA 25 FHPG 26 FHWA 27 FIPI 28 FIR March 3, 2016 Consultant Project Manager -The Consultant staff responsible for combining the various inputs m the process of completing the project plans and managing the Consu ltant design effort. Draft Environmental Impact Statement Future Design Hourly Volume (two-way unless specified otherwise) Denver Regional Council of Governments Environmental Assessment Envi ronmental Impact Statement Equivalent Single Axle Load Economic. Social and Environmental Final Environmental impact Statement Federal Emergency Management Agency Federal Aid Highway Policy Guide Federal Highway Administmtion Finding In Public Interest Field Inspection Review 136 29 FONSI 30 FOR 31 GPS SCOPE OF WORK: WADSWORTH BLVD. WIDEN ING (PHASE I) Finding of No Significant Impact Final Office Review Global Positioning System 32 MAJOR STRUCTURES Bridges and culverts with a total clear span length greater than twenty teet. This 33 MS4 34 NEPA 35 NGS 36 NICET 37 NOAA 38 PE 39 PM 40 PLS 41 PRT 42 PS&E 43 PROJECT 44 ROW 45 RTD 46 TIE 47 SH 48 UDFCD 49 USCOE length is measured along the centerline of roadway for bridges and culverts. from abutment face to abutment face, retaining stnactures are measured along the horizontal distance along the top of the wall. Structures with exposed heights at any section over five feet and total lengths greater than a hundred feet as well as overhead structures including (bridge signs. cantilevers and butterflies extending over traffic) are also considered major structures. Municipal Separate Storm Sewer System National Environment Policy Act National Geodetic Survey National Institute for Certification in Technology National Oceanic and Atmospheric Administration Professional Engineer registered in Colorado Program Manager Professional Land Surveyor registered in Colorado Project Review Team Plans. Specifications and Estimate The work defined by this scope Right-of-Way: A gener..\1 term denoting land, properly, or interest therein, usually in a strip acquired for or devoted to a highway Regional Transportation District Threatened and/or Endangered Species State Highway Numbers Urban Drainage and Flood Control District United States Army Corp of Engineers Note For other definirions and tenns, refer to Section I 0 I of the CDOT Division of Highways Standard Specifications for Road and Bridge Consrruction and the CDOT Design Guide. March 3, 2016 137 EXHIBITS PROJECT COST WORKSHEET (COST PLUS FIXED FEE) ProjeCt Number M·01·15 Locahon SH 121 wadsworth Blvd F1nnName HDR E!J91neenng, Inc-Contract M~1·15 OLA#: Name of Preparer Jason L2!!9sdorf Phone no 303-301-4017 Scope or Won< Date 3/1812016 Type of Proposal COST PLUS FIXED FEE Contract Tenn Apnl2016 -TBD 1A. LABOR RATES DIRECT LABOR SALARY INDIRECT RATE EMPLOYEE EMPLOYEE COST/HOUR COST(%} MULTIPLIER $/HOUR NAME CLASSIFICATION {a} 'bl (c) {d) I Office Personnel I Bames.Jeanne Project Manager $ 31 07 156 49 2.5549 $ 79.38 Beazley,Phihp S Project Manager $ 45.94 155.49 2.5549 $ 117 37 Blackweii,Chad EIT3 $ 33 75 155.49 2..5549 $ 86.23 Borsheim,Kelth M Project Manager $ 44 96 155 49 2..5549 $ 114.87 Brownlee,Sirena T Environmental Sc!enhsl 2 $ 42.08 155 49 2.5549 $ 107 51 Conley,Susan Project Controller $ 26.44 155.49 2.5549 $ 87 55 De Coo,Minelly Environmental Scientist 2 $ 38.57 155 49 2..5549 $ 93 43 Finseth.Amy Staff/Project Engineer $ 38 47 155 49 2..5549 $ 98.29 Gerondale.Lisa Project Manager $ 40.87 155,49 2.5549 $ 104.42 Gilmore, Kev~n PrOject Manager $ 42 31 155 49 2..5549 $ 108 10 Goff,Mallory L K EiT2 $ 29 16 155 49 2.5549 $ 74 50 Hammons.Jonalhan R EnVIronmental Scientist 1 $ 2900 15549 2.5549 $ 74 09 Hollon.Josh M Sr Project Manager $ 62.51 155 49 2.5549 $ 159 71 lngunza, AJoson DeSigner $ 2225 155 49 2.5549 $ 5685 Jamieson, Gregory A Sr PrOject Manager s 64 91 15549 2.5549 $ 165 84 Jepsen, Nancy Administrative Assistant 2 s 2635 155 49 2..5549 $ 67.32 Johnson. Matthew A EIT 1 $ 2696 155.49 25549 $ 6866 Jones,lorena G Enwonmental SCientist 2 $ 4110 155 49 25549 $ 105 01 Kranz.AIIy C Enwonmental Soenllst 1 $ 2290 15549 2.5549 $ 58.51 Langemach An1ta R Marketing Assistant s 2563 155.49 2.5549 $ 6548 Long, Stephen Pnnopai-Presldent s 110 75 15549 2..5549 $ 28296 Langsdorf. Jason s 7200 15549 2.5549 s 183 95 McAfee,V1rgonla l Regional Manager $ 11015 15549 2.5549 s 281.42 McGu1re,Shannon EnVIronmental SCientist 1 s 24 00 155.49 2.5549 $ 61 32 Mels. Kacey Planner s 3020 15549 2.5549 s n 16 Millar.David S Regional Manager s 83 78 155.49 2.5549 $ 214 OS Mueller, Andrew Project Coord1nator s 2939 15549 2.5549 $ 7509 Mueller.Megan Enwonmental Sc:lenttst 1 s 17.52 155 49 2.5549 s 44 76 Nesbitt.Kala M Regional Manager s 79 33 155.49 2.5549 $ 20266 Nguyen,Chau-Ha T Sr PrOject Manager $ 6042 15549 2.5549 $ 154.37 Overcast. Curt Sr. Planner s 56.25 155.49 2.5549 $ 143.71 Pilgrim, RoCk Pnncipat-President $ 129 54 155.49 2.5549 $ 330.96 Qulntana,Adrian H CADD Designer 2 $ 42.83 155.49 2.5549 $ 109.43 Rodgers,Kendra R CADD Des1gner 2 s 33.21 155.49 2.5549 $ 84 85 Rouse.Enc Regional Manager s 102,99 155.49 2.5549 $ 26313 Seyer,John M Project Manager $ 52.51 155.49 2.5549 $ 134 16 Sobol,Mrchael D Planner $ 3219 155 49 2..5549 $ 82.24 SpeCk, Mary V Sr. Project Manager s 54.39 155 49 2.5549 $ 136.96 Strandeii,Dan1el J CADD Operator 2 s 24 04 155,49 2.5549 $ 61 42 Starrett,rtffany R Project Controller s 2900 155.49 2.5549 $ 7409 Staten.Ehz.abeth V I Project Manager s 50.32 155 49 2.5549 $ 128 56 Stewart.DrBYI EIT 3 $ 3245 155.49 2..5549 $ 82 91 We1smilfer.Kalhryn C S EnVIronmental Scientist 2 $ 35 53 155 49 25549 $ 9078 18. LABOR COSTS DIRECT ESTIMATED DIRECT BURDENED SALARY NUMBER OF LABOR FCCM LABOR ESTIMATED EMPLOYEE EMPLOYEE COST/HOUR WORK HOURS AMOUNT AMOUNT AMOUNT COST PER NAME CLASSIFICATION a f h EMPLOYEE Office Personnel Bames.Jeanne PrOject Manager s 3107 33 1,025.31 s 2.33 s 2,619.56 $ 2,621 90 BeazJey,Phlllp S PrOject Manager $ 4594 192 6,82048 $ 2007 $ 22,535.44 $ 22,555 51 Blaci<Weii,Chad EIT3 s 33 75 50 1,687 50 s 384 s 4,311.40 s 4.315 23 Borshelm.Ke!lh M PrOject Ma.nager s 44.96 160 7,193.60 $ 16 37 $ 18.378.93 s 18,395 29 Brownlee.Sirena T Environmental Scientist 2 $ 4206 80 3,36640 s 7.66 $ 8.600.82 $ 8,606.47 Conley ,Susan Project Controller s 2644 19 50236 $ 1 14 s 1.283.48 s 1,284 62 De coo.Minelly Environmental SCientist 2 s 36.57 160 5,651 20 $ 13 31 $ 14,949.23 $ 14,962.54 Finseth,Amy S1afffProject Engineer $ 3847 98 3.nooo s 8.58 s 9.632.13 s 9,840.70 Gerondale.Usa Project Manager $ 40.87 43 1,757 41 s 4.00 $ 4,490 01 $ 4,494 01 Gilmore, KeVIn Project Manager $ 42 31 32 1,353 92 s 308 s 3,459 13 $ 3.462.21 Attachment 3 EXHIBIT B Golf.Mallory L K EIT2 s 29 16 183 5.33828 $ 1214 $ 13,633.66 $ 13,645 80 Hammoos.Jonathan R Envuonmental Scientist 1 s 2900 56 1,624 00 $ 369 $ 4,149.16 $ 4,152 65 Holloo,Josh M Sr PI'Oject Manager s 62 51 56 3,500 56 $ 796 $ 8,943.58 s 8,951 54 lngunz.a. Alison Designer $ 22 25 52 1,157.00 s 2.63 s 2,956.02 $ 2,958 65 Jamieson. Gregory A Sr PrOJect Manager $ 64 91 10 649 10 $ 1 48 $ 1,658.39 s 1,659.86 Jepsen, Nancy Administrative Assistant 2 $ 26 35 32 843 20 $ 1 92 $ 2,154.29 $ 2,156.21 Johnson. Matthew A en 1 s 2696 60 1,617.60 $ 368 s 4,132.81 $ 4,136 49 Jones.Lorena G Environmental Scientist 2 s 4110 244 10,028 40 $ 2281 $ 25,621.56 $ 25,644 38 Kranz.AIIy c En111ronmental Soenllst 1 s 22 90 244 5,587.60 $ 12 71 $ 14,275 76 $ 14.288 47 Langemacn An1ta R Mal1tebng Assistant $ 2.563 204 5,228 52 $ 11 89 s 13.358.35 $ 13,370 24 Long.Stephen Pnnopat-Presldent s 110 75 8 88600 s 202 $ 2,263.64 $ 2,26566 Longsdolf, Jason SerliOI' PrOJect Manager $ 7200 513 38,938.00 $ 84 03 $ 94,387.79 $ 94.45182 McAfee. Virg1ma L Regl()(lal Manager s 11015 110 12,11650 $ 27 57 $ 30,95644 $ 30,984 01 McGu1re.Shannon Enll1ronmental Soenllst 1 $ 24 00 366 8,784 00 $ 19.98 $ 22,44224 s 22,46223 MeiS. Kacey Planner $ 3020 68 2.05360 s 4 67 $ 5,246 74 $ 5,251 42 Millar. David s Regional Manager $ 83 78 164 13,739 92 $ 31 28 $ 35,104.12 $ 35,135 38 Mueller, Andrew Projed COOfdlnator $ 29 39 48 1,410 72 $ 3 21 s 3.604.25 $ 3,607 46 Mueller,Megan Environmental Scientist 1 $ 17 52 34 595.68 s 1 36 $ 1,521.90 $ 1,523 26 Nesbltt,Kala M Regional Manager $ 79 33 54 4,283.82 $ 9.75 $ 10,944 73 s 10,954 48 Nguyen.Chau·Ha T Sr Prqect Manager $ 60.42 40 2,416.80 s 5 50 $ 6,174.68 s 6,180 18 Overcast. Curt Sr Planner $ 5625 51 2,868.75 $ 6 53 s 7,329 37 $ 7,335 89 Pilgnm. RICk Pnnopai-Presldent s 129 54 0 000 s $ $ Ou1ntana Adnan H CADD Designer 2 s 42 83 10 42830 s 097 s 1.094.26 $ 1,095 24 Rodgers, Kendra R CADD Designer 2 $ 33 21 33 1 095 93 $ 2 49 s 2 79999 $ 2,80248 Rouse.Enc Reg1onal Manager s 102 99 12 1,235 88 s 2 81 $ 3.157.55 $ 3,160 36 Seyer.John M PI'Oject Manager s 52 51 132 6,931 32 $ 15n $ 17,708 83 s 17.724 60 Soboi,MIChael D Planner $ 32 19 156 5,021 64 $ 11 42 $ 12,82978 $ 12,841 21 Speck,Mary V Sr PrOJect Manager $ 54 39 176 9,57264 $ 2178 s 24,457 14 s 24 478 91 Strandeii,Danlel J CADD Operator 2 $ 24 04 42 1,009 68 $ 2 30 $ 2,579.63 $ 2,581 93 Starrett, T1ffany R Project Controller s 2900 0 000 $ $ s Staten.Eitzabeth VI Pro]ed Manager $ 5032 6 301 92 s 069 s 771.38 $ n2oe Stewart. Drew EIT3 s 32.45 340 11.033 00 $ 2510 s 28,188 21 s 28,213.31 Welsmlller,Katnryn c S Environmental Scientist 2 s 35 53 351 12,471 03 $ 28 37 s 31,862 24 $ 31 ,890 61 4722.00 206093.63 $ 468.86 $ 526,548.61 s 527,017.47 2. FEE 10.00'.4 FIXED FEE $ 52,654.86 TOTAL s 579,672.33 3A. OTHER DIRECT COST RATES (IN-HOUSE): ITEM ESTIMATED UNIT ESTIMATED UNITS RATES COST Mtleage 500 $049 s 24500 B&W coptes (8112 x 11) 1000 $0,045 $ 4500 B&Wcopies(11 x 17) 1000 $0.09 s 90.00 Color copies (8 112 x 11) 300 $045 $ 135 00 Color copies (11 x 17) 300 $090 $ 270.00 SUBTOTAL s 78500 38. OTHER DIRECT COSTS (OUTSIDE): ITEM ESTIMATED UNIT ESTIMATED UNITS RATES COST Overnlghi/Couners 0 $5000 s Food for publiC meebngs 6 $100 00 $ 60000 F1rst class mall 500 $041 $ 20500 Postcard ma11ers 2500 $040 $ 1,00000 Meeung boards 44 $6200 $ 2,72800 EDR Report $80000 $ 80000 SUBTOTAL $ 5,333,00 ODCTOTAL $ 6,118.00 4A. OUTSIDE SERVICES RATES (SUBCONSULTANTS) ESTIMATED COST WSPI PB s 341,11106 Toole DeSign s 50,46658 Lund $ 158,855 33 Rocky Mountam Paleo $ 3,44339 Yeh Eng1neenng s 45,497 51 48. OUTSIDE SERVICES {VENDORS)": Artand •Prtor Approval from COOT Project Manager required R. Bradley Martin. Sr Vice President (TYPED NAME) EXHIBITS ESTIMATED COST $ 15.000.00 TOTAL OUTSIDE SERVICES $ 614,373<87 TOTAL HDR SERVICES ~S-....::5:.::8:::.~5,.:..:790=.3.::;.3 TOTAL ESTIMATED COST $ 1,200,164.20 ,~·~ .. 4 " City of • JP'WlieatRl_,dge ITEM NO: (_p, DATE: March 28, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: A MOTION TO PROVIDE THE WHEAT RIDGE FIRE PROTECTION DISTRICT AND RURAL/METRO- PRIDEMARK WITH A 120-DAY NOTICE OF TERMINATION AND DISSOLUTION OF THE INTERGOVERNMENTAL AGREEMENT FOR AMBULANCE SERVICES WITHIN THE CITY OF WHEAT RIDGE; NOTICE TO BEGIN ON APRIL 1, 2016, WITH SERVICES TO BE TERMINATED ON JULY 29,2016 0 PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR l ST READrNG 0 ORDINANCES FOR 2N° READrNG QUASI-JUDICIAL: 0 YES [8J NO u.r:~t.t ~nNn--hief of oli e cf2~ ISSUE: In 2011 , the City entered into an Intergovernmental Agreement (IGA) with Rural/Metro. Pridemark and the Wheat Ridge Fire Protection District for ambulance services within the boundaries of the City of Wheat Ridge and the additional area covered by the Wheat Ridge Fire Protection District. This IGA has been renewed each year. The Wheat Ridge Fire Protection District and the West Metro Fire Protection District have agreed to merge. With this merger, fire-based ambulance services will be available in all areas of the City except for the small portion handled by the Fairmont Fire Protection Di strict. Contract ambulance services wi lJ no longer be required. PRIOR ACTION: On January 4, 20 16, members of the Wheat Ridge, West Metro and Arvada Fire Protection Districts made a presentation to Council during study session outlining the proposed merger and Council Action Fonn -Dissolution of IGA with Rural/Metro-Pridemark March 28, 2016 Page 2 expressing that in order to make the merger feasible, the consolidated agency would have to provide ambulance services to their portion of the City. The Arvada Fire Protection District expressed that upon the merger of West Metro and Wheat Ridge, they would be able to provide ambulance services in the portion of the City that is protected by their district. On January 25, 2016, City Council passed a resolution supporting the consolidation of the Wheat Ridge and West Metro Fire Protection Districts. FINANCIAL IM PACT: The City will experience no financial impact other than the reduction of time that staff was spending on the administration of the JGA between the City and Rurai!Metro-Pridemark. BACKGROUND: Since 1988, the City has conducted a competitive bid process to select an EMS provider. The selected provider recei ves a five-year service contract agreement. The current EMS provider, Rural/Metro of Central Colorado, Inc., d.b.a. Pridemark Paramedic Services, was selected in 2011. The contract is reviewed by City Council annually, and renewal is based on recommendations made by the Police Department and the Wheat Ridge Fire Protection District. The current contract expires on December 31, 2016. The provision in the IGA associated with the termination of the agreement for other than cause states: 9.1 This Agreement shall remain in full force and effect provided, however, that either party may terminate this Agreement sooner, other than for cause, upon one hundred twenty ( 120) days' notice. This termination provision shall also be applicable to any renewable period exercised by the parties. Meetings between each of the fire protection districts, the police department and Rural!Metro- Pridemark have established a clear avenue for the transfer of ambulance services to the fire protection districts. These plans include the 120-day notice to be delivered on April I, 2016, the same day that the consolidation lOA between West Metro Fire and Wheat Ridge Fire is set to go into effect. RECOMMENDATIONS: Staff recommends that the 120-day notice of the termination of the IGA between the City of Wheat Ridge, the Wheat Ridge Fire Protection District and Rural/Metro-Pridemark be given on April!, 2016 with the termination ofthe IGA to beJuly29, 2016. RECOMMENDED MOTION: "1 move to provide the Wheat Ridge Fire Protection District and Rurai!Metro-Pridemark with a 120-day notice of termination and dissolution of the Intergovernmental Agreement for ambulance services within the City ofW11eat Ridge; notice to begin on April I. 2016, with services to be tenninated on July 29, 20 16." Or. Council Action Form -Dissolution of IGA with Rural/Metro-Pridemark March 28, 2016 Page 3 "I move not to provide the Wheat Ridge Fire Protection District and Rural/Metro-Pridemark with a 120-day notice of termination and dissolution of the Lntergovemmental Agreement for ambulance services within the City of W11eat Ridge; notice to begin on April I, 2016, with services to be term.jnated on July 29,2016, for the following reason(s) _______ " REPORT PREPARED/REVIEWED BY: Dave Pickett, Division Chief Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: l. Draft Letter of Dissolution 2. Intergovernmental Agreement Between the City of Wheat Ridge, The Wheat Ridge Fire Protection District and Rural/Metro-Pridemark ' • 4 ..... , ~ City of • --~Wheat&_dge ~OFFICE OF THE 01Y MANAGER City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. Wheat Ridge. CO 80033-8001 P: 303.235.2819 F: 303.234.5924 April I, 2016 To: Rural/Metro of Central Colorado d.b.a. Pridemark Paramedic Services Leslie K Mueller. CEO 6100 West 54Lh Avenue Arvada, Colorado 80002 The Wheat Ridge Fire Protection District Jerry Cassel, President 3880 Upham Street Wheat Ridge, Colorado 80033 Re: Notice of Termination of Intergovernmental Agreement for Ambulance Services Dear Ms. Mueller and Mr. Cassel, Please be advised that on March 28, 2016, th e Wheat Ridge City Council, voted to provide noti ce of termination of the referenced Agreement pursuant to Section 9.1, thereof; said termination to be effective July 29,2016. This letter is that notice. Sincerely, Patrick Goff Wheat Ridge City Manager Attachment 1 ~ww.ci.wbeatridge.co.us .... " 4. .. _ ~ City of • ~WlieatRt_clge INTERGOVERNMENTAL AGREEMENT RFP-11-31 AN AGREEMENT AMONG THE CITY OF WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION DISTRICT, AND RURAL/METRO OF CENTRAL COLORADO, INC. d/b/a PRIDEMARK PARAMEDIC SERVICES, FOR AMBULANCE SERVICES. 1.0 PARTIES. The parties to this Agreement are the City of Wheat Ridge, a Colorado municipal corporation (hereinafter referred to as "the City"), Wheat Ridge Fire Protection District, an independent, quasi-municipal corporation, {hereinafter referred to as the "Fire District~) and RURAL/METRO OF CENTRAL COLORADO. INC. d/b/a PRIDEMARK PARAMEDIC SERVICES, (hereinafter referred to as "the Company"). 2.0 RECITALS AND PURPOSE. The City and Fire District desire to ensure the availability of high quality emergency ambulance service within the entire corporate limits of the City of Wheat Ridge, and the boundaries of the Fire District, and the Company agrees to provide such services pursuant to the terms of this Agreement. .f.:1 The response area of the City of Wheat Ridge is within the corporate city limits. If the destination is in an overlapping area with another City, the call should be handled by the provider who is contracted with the originating call dispatch center. If this is not feasible, the responding fire protection district/department must be immediately notified. 2.2 The response area for the Fire District shall include the Town of Mountain View, unincorporated Jefferson County which is within the Fire District, Town of Lakeside excluding the amusement park and the single family dwellings, those portions of the Fire District that are located within the Fairmount Fire Protection District and the City of Lakewood. Effective January 1, 2013, the City of Edgewater became a response area of the Wheat Ridge Fire Protection District. 3.0 TERMS AND CONDITIONS. 3.1 Service. The Company will maintain a response time of six (6) minutes on emergency responses 90% of the time and a response of ten (1 0) minutes on non- emergency 90% of the time. The Company shall make available a sufficient ALS ambulance to respond to calls for medical assistance within the City and Fire District for it to meet the required response times. The Company further agrees to make available backup ambulances to the City and Fire District with response time of eight (8) minutes or less. 3.1.1 The Company shall provide EMS services twenty-four hours a day, seven days a week, and three hundred sixty-five days per year. Response shall be without regard to the patient's ability to pay. 3.1 .2 The standard of care shall include the Denver Metro Paramedic Protocol Standards. 3.1.2.1 The emergency medical services standard of care shall be ALS ambulances staffed with at least one licensed paramedic on board each ALS unit. The EMS duties shall be performed under the control and direction of the paramedic. At least one qualified EMT can also be a member of each crew. ALS crews shall respond on all calls for service. After initial assessment by a paramedic, and only when deemed medically appropriate, a BLS 1 Attachment 2 crew, consisting of no less than two (2) EMT's. may provide transportation to the hospital. 3.1.3 The company shall be required to develop and maintain a current deployment plan. Deployment plans must contain the following elements: 3.1.3.1 Identification of the number of ambulances to be deployed during each hour of the day and day of week. 3.1.3.2 A description of 24 hour system status management strategies to deploy or re-deploy resources to meet performance requirements. 3.1.3.3 A description of how the company will meet the demand for emergency ambulance response during peak periods and during unexpected periods or unusually high call volume. 3.1.4 In the event there will be a recognized delay where the anticipated travel time exceeds the emergent response time of six (6) minutes or the non- emergent response time of ten (10) minutes, the Incident Commander of the situation shall be notified. The Incident Commander will then make the decision as to authorizing the continued response of the Company, or to request other EMS service providers. 3.1.5 The Fire District requires an ambulance response when the call for service is a confirmed structure fire even if it has been determined that there are no confirmed injuries at the onset of the call. The ambulance response shall be emergent unless otherwise notified by the City or the responding fire protection districVfire department. 3.1.6 For purposes of this Agreement, the following priorities shall apply to EMS Services: 3.1.6.1 Emergent (Priority 1) Response: Situation determined by the emergency medical dispatcher, in strict compliance with the medical priority dispatch "b", "c", "d", or "e" response codes and their associated criteria. 3.1.6.2 Non-Emergent (Priority 2) Response: Situation determined by the emergency medical dispatcher, in strict compliance with the medical priority dispatch "a" response code and associated criteria. 3.2 Penalties for Non-Compliance. 3.2.1 The Company understands that the failure to comply with response times will result in damages to the City and/or Fire District and that it is impracticable to determine the actual amount of such damages. Therefore, the Company, City. and Fire District now agree that the liquidated damages specified for EMS services are reasonable. All liquidated damages shall be late if not receive by the City or the Fire District no later than thirty (3) days after written receipt of notice of the liquidated damages. The penalties for non-compliance of service delivery are established as the following fractile minimum times and actual penalties for non-compliance: 2 Emergent & Non-Emergent Responses Financial Penalty Per Month 90% or above $0.00 85% to 89.99 % $ 1,500 80% to 84.99% $2,500 75% to 79.99% $3,500 74.99% and below $4,500 3.2.2 Additional penalties shall also be assessed against the Company in the following instances: 3.2.2.1 A $100 penalty charge shall be assessed for each instance in which the Company fails to give the responding fire protection districUdepartment communications center it's "enroute to scene" or "arrival at scene" times in conformance with missing data penalties. For each instance in which an ambulance was dispatched and the crew fails to report is times or any other information on which the measurement of system performance depends, the $1 00 penalty will apply per occurrence. 3.2.2.2 A $100 penalty shall be assessed for any response time greater than fifteen (15) minutes. 3.2.2.3 Penalties collected in conformance with this Agreement shall be given to the City contracted Victim Services Program, or another service program that is related to the provision of EMS services as determined by the EMS Response Time Compliance Committee. 3.2.2.4 Response times for EMS services will be measured from the time the Company is documented as dispatched by the emergency medical dispatcher until the dispatcher is notified and documents the service provider has arrived on-scene (or in the case of another location other than the actual scene, the staging area or nearest accessible point for the ambulance (i.e. fence, apartment complex parking lot, etc.) The Company agrees the Company's communications center shall be the official record of each call. All compliance response times shall be immediately available for review upon request. 3.2.2.5 If the Company is upgraded prior to the first EMS ambulance arriving on scene, compliance with response time and liquidated damages will be calculated based on the shorter of: 3.2.2.5.1 Time elapsed from dispatch time, as specified to time of upgrade plus the higher priority response time, or 3.2.2.5.2 The lower priority response time requirement. 3.2.2.6 Downgrades may be initiated by emergency medical dispatchers when the response was dispatched becomes available that indicates, in strict accordance with the medical priority dispatch response codes, that the response should have been dispatched at a lower priority. Downgrades may also be initiated by the City and/or EMS first responders of the Company's supervisory personnel who arrive on scene prior to the first EMS ambulance in a accordance with the medical priority dispatch response 3 codes. If a response is downgraded prior to the arrival on scene of the first EMS ambulance. the Company's compliance with response time and liquidated damages will be calculated based on: 3.2.2.6.1 The lower priority response time standard, if the EMS ambulance is downgraded before it would have been judged late under the higher priority response time, or 3.2.2.6.2 The higher priority response time standard, if the EMS ambulance is downgraded after it would have been judged later under the higher priority response time. 3.2.3 If the Company is unable to respond with a backup ambulance the Company shall immediately call another ambulance company to provide the required ambulance service and shall immediately notify the communications center for the responding fire protection districV department. 3.2.4 Equipment failure, traffic accidents, Company dispatch errors or lack of a nearby ambulance shall not furnish grounds for release from response time standards. If the Company feels that any response or group of responses due •to unusual circumstances beyond the Company's reasonable control", the Company may request, in writing, that these runs be excluded from response time performance calculations and penalties. 3.2.5 In the event of inclement weather, the parties further agree that a weather emergency will be declared with the City Police Department or the District deems appropriate. 3.2.6 During a disaster, it is mutually agreed upon by the parties, whether within the response area or in a neighboring area or community. the Company shall be exempt from the response time requirements stated in this Agreement. A "disaster" may include widespread destruction or endangerment of lives cause by severe weather, flooding, military or civil actions, manmade or natural disasters. 3.2. 7 Prior to a period of unusual system overload within the City or the Fire District, the Company shall have a plan in place which proactively addresses the system overload. 3.3 Calls. In consideration of keeping such ambulances available this Agreement is exclusive between the City, Fire District and the company for all PSAP generated emergency and non-emergency ground medical transportation requirements within the response area. The City and/or District shall not engage or utilize other contractors or persons to perform ground medical transportation services of the same or similar nature, except in instances where, in the City and/or District's reasonable judgment, the service provider is unable to provide the ground medical transportation services within the response times stated in the Agreement. 3.3.1 The Company further agrees that it shall respond to all calls directed by the City or Fire District, and shall perform its duties under the direction and control of the requesting agency. 4 3.3.2 The City and the Fire District may require an ambulance to be on site at various festivals and public events at no additional cost to the City or Fire District. 3.3.3 Calls for service will include response by the Company for lift assists (non-injury included) at no cost to the City or Fire District. 3.4 Compliance with Law. The Company agrees to comply with all federal, state, county, and local statutes, regulations, or ordinances in its provision of the services described within this Agreement, and to maintain its current ambulance license issued by Jefferson County. The Company agrees that its records and rosters regarding equipment, vehicles, and training may be reviewed by the City or Fire District during regular business hours. 3.5 Communications. The Company agrees to maintain communications capabilities with the City of Wheat Ridge Police/Fire Communications Center and all police, fire, and ambulance vehicles and equipment, as well as communications between the Company's vehicles and the City and Fire District personnel on scene, and to maintain two back-up speed dial lines containing the caller identification feature to the Communication Center, all at the Company's expense using direct telephone line capabilities. The Company agrees to maintain channels one and two on the frequency of the Company's vehicles and dispatch center. All radios used shall be programmed by Lakewood/West Metro Area communication personnel. 3.6 Medical Supervision. The Company agrees to utilize a Physician Advisor agreed upon by the City and Fire District. A Physician Advisor is defined as a physician who establishes protocols for medical acts performed by paramedics, and who is specifically designated and responsible to assure the competency of the performance of those acts allowed by such paramedics. The parties hereto agree that this Section 3.5 shall be in effect only for the scope of service detailed in this Agreement. The Company further agrees to adhere to, as a minimum standard, the Denver Metropolitan Paramedic Protocols, as amended, with respect to medical acts not governed by the protocols developed by the Company Physician Advisor. 3.7 Rates. The Company shall be allowed to charge patients its usually and customary rates. A copy of the Company's current rate schedule attached to this Agreement as Exhibit A. Any changes to the rate schedule which exceed a Denver Medical CPI must be approved by the City and Fire District before taking effect. Rates will be evaluated as part of the performance evaluation. 3.7.1 Patients transported by the Company will be responsible for the full amount of insurance deductibles and co-payments required prior to insurance reimbursement. The maximum out of pocket expense will also apply to patients who do not have insurance. 3.7.2 Rates should include cost containment measures that guarantee a maximum out of pocket expense to a patient who utilizes the service. 3.7.3 Only one price increase per year may be submitted. The request must be at least sixty (60) days prior to the expiration date. 3.7.4. Maximum rates charged to the City. The Company shall charge the City the following maximum rates: $45.00 per forensic blood draw; transport services at the rates set forth in the table below: Tran!;nort Tvne '" liCfCS Rate ALS Non-Emergency Transport Level 1 A0426 $315.00 ALS Emergency Transport Level 1 A0427 $500.00 BLS Non-Emergency Transport A0428 $260.00 5 BLS Emergency Transport A0429 $415.00 ALS Level2 A0433 $715.00 SCT Specialty Care Transport A0434 $900.00 SCT Specialty Care Transport Neonatal A0225 N/A Mileage (Per Loaded Mile) A0425 $7.50 Non-Covered Mileage (Per Loaded Mile) A0888 N/A 3.8 Detox and Mental Health Hold Transports. Notwithstanding any other provision of this Agreement to the contrary, the Parties shall adhere to the following protocols in regards to ambulance transports to detoxification facilities or to medical facilities for purposes of mental health holds: 3.8.1 Detox Transports A. City personnel and Company personnel will cooperatively attempt to obtain subject consent to transport. If consent is obtained, the City and Company shall each duly document such consent in its usual manner of record-keeping. B. If consent to transport cannot be obtained from an intoxicated subject who is unable to care for himself or who requires detoxification supervision or medical care, the Company shall transport such a subject as a patient who lacks decision-making capacity, in accordance with the Denver Metro Paramedic Protocols. C. The Company shall bill the subject for the cost of detoxification transports on the basis of either express or implied consent. The Company agrees that it shall not seek to recover the costs of detoxification transports from the City. The Parties recognize and agree that such transports do not constitute "custody" for purposes of Section 16-3-401 of the Colorado Revised Statutes. 3.8.2 Mental Health Hold Transports. A. City personnel and Company personnel will cooperatively attempt to obtain subject consent to transport if such personnel agree that consent can be meaningfully given by the subject. If consent is obtained, the City and Company shall each duly document such consent in its usual manner of record·keeping. B. If subject consent cannot be obtained pursuant to A. above: i. If the subject lacks decision-making capacity, the Company will transport the subject in accordance with the Denver Metro Paramedic Protocols. In such even, and when City personnel determine that the subject meets the applicable statutory criteria, City personnel shall provide completed mental health hold documentation on the subject to Company personnel. Such documentation is provided by the City as a fulfillment of its Police Department duties and intended as a corroboration of the determination of Company personnel that a subject requires mental health hold documentation provided by City law enforcement personnel is not an exercise or admission of "custody" for purposes of CRS 16-3-401 and shall not be used by the Company to seek to recover the costs of such transports from the City. 6 ii. If the subject does not Jack decision-making capacity, or if City personnel believe the subject lacks such capacity but Company personnel disagree, Company personnel shall contact the Base Physician. in accordance with Guideline "E" under the "Mental Health Holds" portion of the Denver Metro Paramedic Protocols, for a remote evaluation of the subject. The Base Physician shall determine whether the subject must be transported against his will. If the Base Physician orders the subject transported for evaluation against his bill, the Company and City shall proceed with transport, paperwork and billing as set forth under paragraph i. above. If the Base Physician does not authorize the transport of the subject against his will, the City shall not utilize the Company for transport. C. The Company shall bill the subject for the cost of mental hold transports on the basis of either express or implied consent. The Company agrees that it shall not seek to recover such costs from the City and that mental health hold transports do not constitute "custody" for purposes of Section 16-3-401 of the Colorado Revised Statutes. 3.8.3 During transport, Company personnel shall exercise that degree of physical control over patients as is required by relevant practices, customs and professional standards. If, despite the exercise of such control , a person being transported pursuant to this Section 3.8 escapes before he is delivered to his ultimate destination, the City expressly agrees that such escape does not constitute a breach of this agreement by Company. 3.8.4 The City and Company each recognize and agree that mental health holds, detoxification holds and other emergency commitments authorized by law reflect a public policy of providing care and treatment to those unable to obtain it themselves. Emergency holds and commitments do not serve the same purposes and goats as arrests, detainments in jails and other forms of traditional law enforcement "custody,• e.g., preventing escape pending adjudication. segregating offenders as punishment and protecting the law-abiding population. Each Party seeks to play its customary role in protecting individuals and the public and in facilitating the provision of care to those who need it without fear of unpredictable and uncontrollable expenses. 4.0 HELICOPTER. It is understood that in cases of extreme emergency, it may be necessary to use a helicopter in lieu of, or in addition to, the Company's ground services. Such medical decisions to use the helicopter service shall be made by the police and/or fire personnel or Company personnel on scene, with the primary responsibility for such medical decision making resting with the Company after consultation with fire and police personnel on the scene. 5.0 CONTROL. The Wheat Ridge Police Department shall have control of all crime scenes to which the Company is requested to respond. The Wheat Ridge Fire Protection District's ranking officer on scene shall have control of all fire and EMS scenes . Company employees shall consult with and follow the orders and directions given by the appropriate police or fire personnel, as such orders relate to scene control. The Company paramedic shall be in charge of all patient care and transportation destination, including medical triage and mode of transportation, pursuant to appropriate medical care protocols as approved by their physician advisor. 6.0 TRAINING. The Company agrees to provide upon request by either the City or the Fire District and at the Company's own expense, personnel to assist with the training of the City police department personnel and/or Fire District personnel in the areas of First Responder, EMT and 7 CPR classes, along with appropriate CE medical training. These classes shall be held at times mutually agreed upon by the parties hereto. 7.0 EQUIPMENT. L.1 The Company shall furnish, at its own expense, ambulances and accessory equipment. The Company agrees to provide commonly used disposable supplies as replacements for those supplies used by the responding fire protection districUdepartment during medical emergencies. These supplies will be initially stocked by the company such that each responding fire protection districUdepartment in the district has ample supplies to respond to emergencies. The company will periodically re- stock the supplies in a manner agreed by responding fire protection districUdepartment. 7.2 The Company agrees that Jefferson County or any other licensing authority shall have the right to inspect on an annual basis the Company's vehicles used for performance of ambulance service, for the purpose of determining safety standards of the vehicles used and, further, to ensure that the vehicles so used are equipped with that accessory equipment required by the Colorado Department of Public Health and Environment, and said equipment shall be in proper working order for the use in Advanced Life Support treatment. A permit issued by the County or any other licensing authority shall be deemed as evidence of said annual inspections. 7.3 The Company agrees, when operating its ambulance vehicles in an emergency or non-emergency capacity, said vehicles will be driven in a safe and prudent manner, in compliance with all State statutes, City and County ordinances relating to the operation of emergency vehicles. 7.4 The company is encouraged to equip all EMS providers with NFPA 1071 , or NFPA 1951-compliant personal protective equipment to include helmet, eye protection, gloves, coat, trousers, and boots. Furthermore, all EMS providers shall be provided ANSI 207-compliant traffic safety vests. The required equipment shall be worn on all automobile accidents occurring with the response area of this Agreement. 7.5 Upon request, the Company will provide details of their vehicle replacement program. 8.0 COMPANY EMPLOYEES. Each crew shall consist of no less than a licensed paramedic and one qualified EMT whose qualification meet the guidelines of the statutes, rules, and regulations of the Emergency Medical Services Division of the Colorado Department of Health, as amended, and are acceptable to the Company Physician Advisor. §.J. The Company agrees, while operating its ambulance in and around the City and Fire District boundaries, the employees of the Company shall maintain a professional attitude and performance standard and level of conduct for Emergency Medical Technicians and Paramedics. 8.2 The Company agrees to notify the City and Fire District within thirty (30) days of changes in management personnel. Staff changes shall never change the level of service. 8.3 The Company will provide the City and the Fire District a complete list of Company field employees, their certifications, and completed continuing education immediately upon request. 9.0 TERM. The parties mutually agree and understand that the term of this Agreement shall be for a period of one (1) year from January 2012 thru January 2013 and upon the expiration of said period, this Agreement may continue for four (4) additional one-year periods, subject to the provisions hereof, provided that no event shall this Agreement continue for a period beyond five 8 (5) years from the date of execution hereof. Said Agreement shall be renewed for successive one (1) year periods, as provided herein, subject to review and performance evaluation by the Wheat Ridge City Council and the Wheat Ridge Fire District annually. This Agreement may be terminated by either the City Council or the Fire District, following said review, or pursuant to the provisions of this Agreement. Unless so terminated, this Agreement shall continue in full force and effect. The parties further agree that the City or Fire District, upon a determination that the Company is not performing the agreed upon services in a reasonable manner and/or in a timely fashion, shall give written notice of such dissatisfaction, and failure of the Company to develop and implement a plan to rectify substandard practices within ten (1 0) days from receipt of notice thereof, shall give rise to the cancellation of this Agreement. Should such determination of dissatisfaction result from a particular incident, the City or the Fire District will attempt to give oral notice within two (2) business days of the incident giving rise to the dissatisfaction. Upon issuance of a second notice of dissatisfaction, the City or Fire District may, at its option, cancel this Agreement without affording the Company the opportunity to correct the complained of substandard practice. ll Nothing contained herein shall be construed as establishing any obligation on behalf of the City and/or Fire District to make any monetary payment or other subsidy to the Company by virtue of this agreement. 9.2 This Agreement shall remain in full force and effect provided, however, that either party may terminate this Agreement sooner, other than for cause, upon one hundred twenty (120) days notice. This termination provision shall also be applicable to any renewable period exercised by the parties. 9.3 If any party fails to comply with any term of this Agreement, any other party may terminate this Agreement immediately upon written notice indicating the termination date and/or sue for breach of contract. In such event, the prevailing party in such dispute shall be entitled to its reasonable costs, including its attorneys' fees. 9.4 The obligations of the City and the Fire District hereunder are expressly subject to the approval of annual appropriations, therefore, in the event of non-appropriation, this Agreement shall be deemed terminated as of the end of the fiscal year for which funds have been appropriated. Termination of the Agreement for this reason shall not constitute a default or breach of the Agreement within the scope of Section 9.3. This Agreement does not create or constitute a multi-year fiscal obligation of the City or of the Fire District. 10.0 POLICY. 10.1 The Company's performance shall be reviewed annually by the City, Fire District and Physician Advisor. A written performance report shall be submitted to the City Council and the Fire District Board at the time of renewal of this Agreement. 10.2 The Company agrees to be a participating member in any review committee which is established by the City, the Fire District or by the approved Physician Advisor. 1 0.3 The EMS Response Time Compliance Committee (ERTCC) is hereby established for purposes of this Agreement. This committee shall meet on a monthly basis. The Company agrees to maintain and provided to the City and/or District monthly response time reports, ambulance trip reports to include the patient's name, address, dispatch time, arrival time, destination time and the patient's condition, and any other pertinent reports as requested by the ERTCC. 1 0.3.1 The ERTCC will review the response times and determination of allowable exemptions. The determination of allowable exemptions will be based upon the circumstances that existed during the particular situation being reviewed. At the discretion of the committee members, the allowance exemptions may not be reflected in subsequent monthly statistics. 9 1 0.3.2 The parties agree that from time to time issues may arise where one party has concerns regarding the employees of the other party(s) or other issues related to the parties operations as they affect this Agreement. The parties agree that, upon receipt of a request to address any issue of this type, an appropriate representative of each party shall promptly meet to explore the matter, and each party shall work in good faith to address valid issues of concern. 10.4 The City and/or District may, upon written notice, inspect the Company's records to ensure compliance with this Agreement. 10.5 Nothing contained within this section of the Agreement constitutes the waiver of any patient's rights to confidentiality. 11 .0 ASSIGNMENT. Except as provided in this Section, the Company may not assign or subcontract, its rights and obligations under this Agreement, without this prior written approval of the City and Fire District. 12.0 LIABILITY. Notwithstanding any language to the Contrary contained in this Agreement, the Company is an independent contractor and is not an employee or agent of the City or Fire District. The Company assumes all liability for and agrees to indemnify and hold harmless the City and Fire District. The Company assumes all liability for and agrees to indemnify and hold harmless the City and Fire District from any and all claims for injuries or damages, including attorney's fees, arising from the Company's performance or lack of performance under this Agreement except to the extent such claim for injury or damages which are the direct and proximate result of an act or order of a police officer or other employee or volunteer of the City or Fire District. 13.0 INSURANCE. The parties further agree and understand that the Company shall maintain and keep in force an automobile insurance liability Policy with a minimum coverage of One Million Dollars ($1 ,000,000.00) combined single limit for bodily injury and property damage. 13.1 The Company shall maintain and keep in force a Professional and General Liability insurance policy covering the employees of the Company for any and all malpractice and/or negligent acts performed or committed by those employees of the Company. Coverage for Professional/General liability shall be a minimum of one million dollars ($1 ,000,000) for any one claim and one million dollars ($1 ,000,000) combines single limit bodily injury and property damage. 13.2 Provided, however, that any language contained in this paragraph 13 to the contrary notwithstanding, the Company agrees that there shall be in effect, no less than one million dollars ($1 ,000,000) of insurance protection for each of the types of insurance protection specified in paragraph 13.1 hereof, which one million dollars ($1,000,000) of minimum insurance coverage shall be available to each person or patient attended to or transported by the Company pursuant to the terms hereof. The Company also agrees to furnish the City and Fire District a Certificate of Insurance evidencing the minimum amounts of coverage described above, and said policy shall further provide a specific provision relating that, in the event of cancellation of said policy, the City and Fire District shall be notified in writing ten (10) days prior to cancellation. The Company agrees to name the City and Fire District as additional insured parties. 13.3 The Company shall maintain and keep In force a Workers' Compensation insurance policy for all its employees. This coverage shall meet the statutory limits set forth by the state of Colorado. 13.4 Each party shall be responsible for its own negligent acts, provided, however, that nothing in this Agreement shall waiver any immunity, defense, or limitation of liability 10 available to either the City or the Fire District under the Colorado Governmental Immunity Act, Section 24-10-101 , et. Seq., C.R.S. IN WITNESS WHEREOF, the parties have executed this Agreement and intend for it to be in full force and effect on the day of , 2016. ATTEST: JANELLE SHAVER, CITY CLERK DATE (Seal) APPROVED AS TO FORM: GERALD DAHL, CITY ATTORNEY WHEAT RIDGE FIRE DISTRICT ATTEST: President: Jerry Cassel Wheat Ridge Fire District ATTEST: Secretary Kent Johnson Wheat Ridge Fire District 11 OWNER CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033 303-234-5900 JOYCEJAY,MAYOR CONTRACTOR RURAUMETRO OF CENTRAL COLORADO, INC. d/b/a PRIDEMARK PARAMEDIC SERVICES 6100 WEST 54TH AVENUE ARVADA, CO 80002 AUTHORIZED SIGNATURE PRINT NAME TITLE ATTEST TO CONTRACTOR: NAME TITLE DATE