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-
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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
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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
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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
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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:
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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
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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.
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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:
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(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
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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
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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
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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
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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:
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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
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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
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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.
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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
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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
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(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.
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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
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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
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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