HomeMy WebLinkAboutCouncil Agenda Packet 05-22-17
AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
May 22, 2017 7:00 p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, 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
ROLL CALL OF MEMBERS APPROVAL OF Council Minutes of May 8, 2017 and Study Notes of May 1, 2017
PROCLAMATIONS AND CEREMONIES West Chamber’s Non-Profit of the Year Award - Localworks Senior Heroes Awards National Public Works Week
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.
c. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY
SESSION AGENDA ROSTER. APPROVAL OF AGENDA
1. CONSENT AGENDA a) Motion to award four contracts for on-call Forestry Maintenance Services to selected vendors in an amount not to exceed $143,000
CITY COUNCIL AGENDA: May 22, 2017 Page -2-
Consent Agenda cont. b) Motion to amend the contract for Environmental & Engineering Consulting Services for Phase I of the Wadsworth Boulevard Improvement Project with HDR
Engineering, Inc., Denver CO, to incorporate additional historical evaluation and
redesign in the amount of $179,984.46 for a total project cost of $1,500,148.66 c) Resolution No. 15-2017 – amending the Fiscal year 2017 Open Space Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $211,167 for the purpose of awarding a contract to Calahan Construction Services,
Inc. for the construction of an Equipment Storage Building in the amount of $317,000
and a ten percent contingency amount of $31,700 for a total of $348,700 d) Motion to award a contract to iParametrics, LLC., Alpharetta, GA, in the amount of $45,603 for Facility Security Assessment Services for City-Owned Buildings e) Resolution No. 14-2017 – amending the Fiscal Year 2017 General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation in the amount of $5,000
for the purpose of accepting Grant Funds for the purchase of Cardio Fitness Equipment to be installed in Hayward Park
ORDINANCES ON FIRST READING 2. Council Bill 09-2017 – amending Chapter 26 of the Wheat Ridge Code of Laws to regulate and allow Small Cell Commercial Mobile Radio Service (CMRS) Facilities
DECISIONS, RESOLUTIONS AND MOTION 3. Resolution 16-2017 – a Resolution of the Wheat Ridge City Council recognizing and supporting the Mission of the Wheat Ridge Environmental Sustainability Committee
CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS
ADJOURNMENT
ITEM NO: DATE: May 22, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD FOUR CONTRACTS FOR ON-CALL
FORESTRY MAINTENANCE SERVICES TO SELECTED
VENDORS IN AN AMOUNT NOT TO EXCEED $143,000 PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: The Parks Division outsources certain forestry maintenance services including tree planting, pruning and removal, stump removal, tree assessments, and emergency work. Multiple vendors responded to a RFP to provide these services on an as-needed basis. Staff recommends awarding on-call contracts for these services to Blue River Forestry Tree Care, Davey Expert Tree, Root Tree Service, LLC and Wright Tree Service, Inc. in a total amount not to exceed $143,000. The
contracts would be for one year with the option to renew for up to four additional one-year periods. PRIOR ACTION: The City has contracted for these services in years past. The current on-call agreements expire
on May 23, 2017.
FINANCIAL IMPACT: Funds for the contract were approved in the 2017 Budget, under the forestry section of the Parks Division. The estimated budget is $143,000 annually.
BACKGROUND: RFP-17-13 Forestry Maintenance Services for 2017 include on-call services for tree pruning and removal, stump removal, tree planting and emergency services in parks, open space and rights-of-way. Services will be requested and obtained as needed, based on the lowest price and
scheduling availability. The actual services to be performed will be determined by the City.
Council Action Form – Contract for Forestry Services
May 22, 2017
Page 2 On May 4, 2017, six bids were received and evaluated. Staff recommended awarding to four of
the companies that submitted bids. Bids were received to provide all labor, supervision, tools,
equipment, services and expertise required to perform tree maintenance and emergency tree work in the City, as specified. Firms were able to bid separately on all or any combination of the following: tree pruning, tree removals, standalone stump grinding, tub grinding, tree planting and associated tree care, emergency tree work, tree herbicide/pesticide application, tree care
treatments, and tree assessments. One or more of the firms selected will be contracted for each
service. RECOMMENDATIONS: Staff recommends awarding contracts to the following companies for the following services:
Blue River Forestry Tree Care: Tree pruning and removals including stump grinding, chipper services by the hour, standalone stump grinding, additional ground worker, grapple truck and operator, crane rental and operator, emergency tree work, tree herbicide and pesticide treatment and tree care treatments
Davey Expert Tree: Standalone stump grinding, tree herbicide and pesticide treatment and tree care treatments, tree assessments Root Tree Service, LLC: Additional ground crew, grapple truck and operator, crane rental and
operator, tree planting of deciduous and conifer trees
Wright Tree Service, Inc.: Tree pruning and removals including stump grinding, chipper services by the hour, standalone stump grinding, chipper services by the hour, additional ground worker, grapple truck and operator, crane rental and operator, emergency tree work
RECOMMENDED MOTION: “I move to approve the award of four contracts for on-call forestry maintenance services to selected vendors in an amount not to exceed $143,000.”
Or,
“I move to deny the award of four contracts for on-call forestry maintenance services to selected vendors in an amount not to exceed $143,000, for the following reason(s) _____________________.”
REPORT PREPARED/REVIEWED BY: Margaret Paget, Forestry and Open Space Supervisor Rick Murray, Parks, Forestry and Open Space Manager Joyce Manwaring, Parks and Recreation Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Bid tabulation sheet
PROJECT: RFB-17-13
ON-CALL FORESTRY MAINTENANCE SERVICES
� " City of _?Wheat:Ri_dge
REQUESTED BY: MARGARET PAGET, PARKS, FORESTRY & OPEN SPACE ·'f!) � ·· PEN ED BY: Cindy Raiolo, Purchasing Technician
DUE DATE/TIME: THURSDAY, MAY 4, 2017 BY 1 P.M. LOCAL TIME WITNESSED BY: Margaret Paget, Forestry and Open Space Supervisor
Blue River Forestry
VENDOR Tree Care Davey Expert Tree
LOCATION Boulder Broomfield
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
VENDOR QUALIFICATION FORM yes yes
LIST OF SUBCONTRACTORS yes yes
EQUIPMENT LIST yes yes
page 1 of 2
""./? 1·-,\''
Wright Tree Service
Inc.
West Des Moine, IA
yes
yes
yes
yes
yes
yes
yes
yes
Real Mountain Tree
Service
Denver
yes
no
yes
yes
yes
yes
yes
yes
Environmetal Tree
Care LLC
Lakewood
yes
yes
yes
yes
yes
yes
yes
yes
Attachment 1
PROJECT: RFB-17-13
ON-CALL FORESTRY MAINTENANCE SERVICES
�· .. " � City of _?WheatRi._,dge
DUE DATE/TIME: THURSDAY, MAY 4, 2017 BY 1 P.M. LOCAL TIME
REQUESTED BY: M�RGARET PAGET, PARKS, FORESTRY & OPEN SPACE
(j-oPENED BY: Cindy Raiolo, Purchasing Technician
WITNESSED BY: Margaret Paget, Forestry and Open Space Supervisor i,1'1
Bear Creek
Root Tree Service Landscaping and
VENDOR LLC Tree Service
LOCATION Centennial Littleton
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
VENDOR QUALIFICATION FORM yes yes
LIST OF SUBCONTRACTORS yes yes
ATTACHMENT 8-FEE SCHEDULE yes yes
EQUIPMENT LIST yes yes
page2 of2
ITEM NO: DATE: May 22, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AMEND THE CONTRACT FOR
ENVIRONMENTAL & ENGINEERING CONSULTING
SERVICES FOR PHASE I OF THE WADSWORTH BOULEVARD IMPROVEMENT PROJECT WITH HDR ENGINEERING, INC., DENVER, CO., TO INCORPORATE ADDITIONAL HISTORICAL EVALUATION AND REDESIGN IN THE AMOUNT OF $179,984.46 FOR A TOTAL PROJECT COST OF $1,500,148.66
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Director of Public Works City Manager
ISSUE: In April 2015 the City was awarded funding through the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP) to improve Wadsworth Boulevard from 35th Avenue to 48th Avenue. On October 12, 2015, the Council adopted the
Planning and Environmental Linkage Study (PEL). The study identified traffic congestion and
safety issues, developed multi-modal solutions, and identified related environmental issues and mitigation measures that needed further assessment. On March 28, 2016, Council approved a contract with HDR to complete the survey, conceptual (30%) design and plans, and prepare the environmental assessment (EA) for a negotiated amount of $1,200,164.20 with a contingency of
$120,000.
There has been additional work that was not included in the original scope related to changes at the major intersections at 38th and 44th Avenues that has exhausted the contingency amount. Recently, additional work has been identified involving reevaluating the historical status of
Council Action Form – Wadsworth Historical Evaluation
May 22, 2017
Page 2 several properties. The additional scope and fee of around $180,000 needs to be approved by
Council in order for the historical reevaluation to continue.
PRIOR ACTION: An Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) was approved by resolution on October 12, 2015, authorizing the environmental
assessment. On March 28, 2016, Council approved a contract with HDR to complete the EA and
related documents. FINANCIAL IMPACT: City staff is administering the project, with reimbursement of 80% of the cost from the DRCOG
TIP grant. Funding for this phase of the project was originally budgeted at $1,500,000 in the
2016 Capital Improvement Program (CIP) and with CDOT. The original HDR contract that was approved by Council in March 2016, was for $1,200,164 with a $120,000 contingency. Due to delays in starting the project, only $901,452 was spent in 2016. The City was reimbursed $750,977. This is somewhat higher than 80% of the costs because the City was also reimbursed
for its staff time spent in 2016. Because of the additional work to incorporate the final
recommended alternative (FRA) changes mentioned above, City staff recently authorized a scope and fee change that would use the entire contingency. Around half of this budget has been used for the EA portion of the work, with the remainder being used for the survey, design, and plans. This City’s share of this contract amendment will be funded with the Wadsworth portion of the
2E funding.
The City is responsible for providing the additional funding needed to complete the project. The City hopes to obtain funding for the remaining costs from a combination of sources, including the City, CDOT, and other sources yet to be determined.
BACKGROUND: In October 2014, the City applied to DRCOG for federal transportation funds, available for fiscal years 2016 through 2021, to help fund a widening and improvement project on Wadsworth Boulevard from 35th Avenue to 48th Avenue. DRCOG awarded the TIP grant in October 2014.
The improvement of this segment of Wadsworth Boulevard has been a high priority for both CDOT and the City of Wheat Ridge for more than 20 years. Lack of available funding has been the primary reason for postponing improvements. With an earlier grant, a PEL study was completed and adopted by Council on October 12, 2015. That study identified traffic congestion and safety issues,
developed multi-modal solutions, and identified related environmental issues and mitigation
measures that needed further assessment. The FRA from the PEL study identified the improvements needed to widen Wadsworth Boulevard between 35th and 48th Avenues to six travel lanes (including the major intersections at 38th and 44th Avenues), to provide additional turn lanes at key congested intersections, and to install medians to better manage access. Bicycle and pedestrian facilities were
also included to show service for additional modes of transportation.
Council Action Form – Wadsworth Historical Evaluation
May 22, 2017
Page 3 On March 28, 2016, Council approved a contract with HDR to complete the survey, conceptual
(30%) design and plans, and prepare the EA. Since that time, the consultant team, City staff and
CDOT have been working to investigate and resolve the issues that were identified in the PEL, in particular, the need to improve the traffic capacity at the major intersections of 38th Avenue and 44th Avenues.
Most of the elements from the FRA are still intact and are moving forward; however, a couple of
major items have changed or been added. The design of the major intersections has changed. In addition, a couple of environmental issues have arisen that require additional time and effort to resolve.
In the FRA, the major intersections at 38th Avenue and 44th Avenue had a traditional design with
double left turn lanes on all four legs of the intersection to improve capacity. After additional evaluation of those intersections, a design known as a continuous flow intersection (CFI) was determined to be the best solution to increase capacity and have the least impact to adjacent parcels. The CFI design was presented at a public meeting on August 10, 2016, with mostly
positive feedback being received. This design is currently in the process of being confirmed by
CDOT as the preferred alternative for review in the EA. A recent determination by CDOT’s historian (related to potentially historic properties along the corridor) has affected the scope and schedule of this project. Several properties must be re-visited,
which has added an estimated five months to the project schedule due to the need to review the
designations and evaluate if additional properties will also be identified as potentially historic. If they are, there could be a substantial impact on the project’s conceptual design and environmental analysis. Staff hopes to have a preliminary answer on the need for redesign by June.
RECOMMENDATIONS: Staff recommends amending the contract for the Wadsworth Boulevard Improvement Project, Environmental & Engineering Consulting Services, with HDR Engineering, Inc., to include the additional scope and fees needed to complete the historical revisitation-related design changes.
RECOMMENDED MOTION: “I move to amend the contract for Environmental & Engineering Consulting Services for Phase I of the Wadsworth Boulevard Improvement Project with HDR Engineering, Inc., Denver, CO, to incorporate additional historical evaluation and redesign in the amount of $179,984.46 for a total
project cost of $1,500,164.66.”
Or “I move to deny amending the contract for Environmental & Engineering Consulting Services
for Phase I of the Wadsworth Boulevard Improvement Project with HDR Engineering, Inc.,
Denver, CO, to incorporate additional historical evaluation and redesign in the amount of
Council Action Form – Wadsworth Historical Evaluation
May 22, 2017
Page 4 $179,984.46 for a total project cost of $1,500,164.66 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 ATTACHMENTS: 1. Historical Revisitation Proposed Scope of Services, Mar 30, 2017
2. HDR Engineering, Inc. Project Cost Worksheet, Apr 10, 2017 3. WSP/PB Project Cost Worksheet, Mar 17, 2017
x
SCOPE OF WORK: WADSWORTH BLVD. WIDENING
SUUPLEMENT FOR ADDITIONAL HISTORIC REVISITATION WORK AND
RELATED DESIGN REVISIONS
April 10, 2017
CONTRACT TYPE
Specific Rate of Pay
Cost Plus Fixed Fee
Other
CONTRACT DATE: April 10, 2017
CITY PROJECT NUMBER: M-01-15
CDOT PROJECT NUMBER: NHPP 1211-086
PROJECT LOCATION: SH 121 Wadsworth Blvd
CDOT PROJECT CODE: 21006
THE SCOPE OF WORK INCLUDES THIS DOCUMENT (ATTACHED TO THE ORIGINAL CONTRACT FOR
CONSULTANT SERVICES DATED MARCH 22, 2016 AND REVISED IN MARCH 2017)
SECTION 1. PROJECT SPECIFIC INFORMATION
SECTION 2. PROJECT MANAGEMENT AND COORDINATION
SECTION 4. GENERAL INFORMATION
SECTION 5 PROJECT INITIATION AND CONTINUING REQUIREMENTS
SECTION 6. ENVIRONMENTAL WORK
SECTION 7. PRECONSTRUCTION WORK TASK DESCRIPTIONS
Attachment 1
SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT
April 2017 Supplement (modification for March 22, 2016) | 2
TABLE OF CONTENTS
SECTION 1. PROJECT SPECIFIC INFORMATION .............................................................................................................. 3
SECTION 2. PROJECT MANAGEMENT AND COORDINATION ...................................................................................... 5
SECTION 4. GENERAL INFORMATION ............................................................................................................................... 6
SECTION 5 PROJECT INITIATION AND CONTINUING REQUIREMENTS .................................................................... 8
SECTION 6. ENVIRONMENTAL WORK ............................................................................................................................... 8
SECTION 7. PRECONSTRUCTION WORK TASK DESCRIPTIONS ........................................................................... 14
SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT
April 2017 Supplement (modification for March 22, 2016) | 3
SECTION 1.
PROJECT SPECIFIC INFORMATION
1. PROJECT BACKGROUND
The City has been working for 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 prepared. Also in 2015, the City of Wheat Ridge secured a DRCOG TIP grant providing the majority of
the funding for construction and executed an IGA with CDOT outlining the framework for reconstruction of the
street. A major part of the proposed project is to reconstruct the street to a 6-lane section, provide better multi-
modal facilities, and to provide enhanced amenity zones along the corridor, particularly in the City Center
section. This work is expected to be accomplished in three phases:
Phase I—topographic survey, conceptual design, preparation of a template EA and plan sheets
Phase II—preliminary and final design including preparation of 60%, 90%, and 100% plans
Phase III—bidding and construction assistance
This scope of work addresses Phase I which includes development of a template environmental assessment (EA)
and decision document, conceptual design, and survey work.
2. PROJECT GOALS
This work is intended to supplement the contractual work scoped and underway for Phase I of the
WADSWORTH BLVD. WIDENING. This work will cover additional project management, design, traffic,
right-of-way, and environmental work associated with the evaluation of additional historic properties in the
designated project area.
3. PROJECT LIMITS
This project is located on SH 121, between milepost 15.3 and milepost 16.7 in Jefferson County
4. WORK DURATION
The time period for the work described in this Phase I scope supplement is estimated to begin April 2017 and
end June 2018.
5. CONSULTANT RESPONSIBILITY AND DUTIES
Enter a general description of the work to be performed. The Consultant is responsible for:
· Historic Properties Revisitation
· Review of environmental analysis associated with design changes or updates required by the
revisitation of historic properties in order to the Wadsworth Widening Phase I Environmental
Assessment.
· Review and rework of conceptual layout to accommodate design changes necessary to or avoid
impacts to historic resources
· Review and rework of right-of-way (ROW) requirements and associated cost estimate to
accommodate design changes necessary to or avoid impacts to historic resources
· Review and rework of traffic model to accommodate design changes necessary to or avoid
impacts to historic resources
· Public/Agency Involvement to share relevant project updates during the period of work between
April 2017 and September 2017.
· Project management and coordination with the City of Wheat Ridge and agency representatives to
the Historic Properties Revisitation and associated design, environmental, ROW, traffic updates
needed to accommodate design changes necessary to or avoid impacts to historic resources
SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT
April 2017 Supplement (modification for March 22, 2016) | 4
6. WORK PRODUCT
The Consultant work products are:
A. Reports
B. Environmental Documents, Conceptual Plans, and Estimate
C. Project Coordination and Schedules
D. Meeting Minutes
Requirements are further described in the sections that follow. Work required to this Scope of Work requires the
use of English Units.
7. WORK PRODUCT COMPLETION
Submittals must be accepted by the Director of Public Works or designee.
8. ADDITIONAL PROJECT INFORMATION
Additional information regarding this project is included in the following documents:
· Wadsworth Planning and Environmental Linkage Report, October 2015
· Technical Appendices, October 2015
· Draft Resource Reports Developed as part of the Wadsworth Boulevard Widening Phase I
Environmental Assessment
Copies of these documents may be requested from the City. A moderate fee may be required for copies.
SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT
April 2017 Supplement (modification for March 22, 2016) | 5
SECTION 2.
PROJECT MANAGEMENT AND COORDINATION
1. CITY CONTACT
The Contract Administrator for this project is Scott Brink, Director of Public Works. Active day-to-day
administration of the contract will be delegated to the City/PM:
Name: Mark Westberg
Title: Project Supervisor
Address: 7500 W 29th Avenue
Office phone: 303-235-2863
Cell phone: 303-218-8711
E-mail: mwestberg@ci.wheatridge.co.us
2. PROJECT COORDINATION
Coordination will be required with the following agencies:
A. Colorado Department of Transportation (CDOT)
B. Counties: Jefferson
C. Railroads
D. Regional Transportation District (RTD)
E. Denver Regional Council of Governments (DRCOG)
F. Metropolitan Planning Organizations (MPO’s)
G. U.S. Army Corps of Engineers (USACE)
H. Urban Drainage & Flood 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 (FHWA)
O. Federal Transit Authority (FTA)
P. Utilities
Q. Colorado Department of Public Health and Environment (CDPHE)
R. Other
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.
SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT
April 2017 Supplement (modification for March 22, 2016) | 6
SECTION 4.
GENERAL INFORMATION
1. 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 charged may exclude
the time lost for:
A. Reviews and Approvals
B. Response and Direction
2. PROJECT COORDINATION
A. Routine Working Contact. Routine working contact shall be between the City/PM and the Consultant
Project Manager (C/PM) as defined in Appendix B.
B. Project Manager Requirements. Each Project Manager shall provide the others with the following:
i. A written synopsis or copy of their respective contacts by telephone and in person with others
ii. Copies of pertinent written communications
3. ROUTINE REPORTING AND BILLING
The Consultant shall provide the following on a routine basis:
A. Coordination. Coordination of contract activities by the C/PM
B. Monthly Reports and Billings. The monthly reports and billings required by CDOT Procedural Directive
400.2 (Monitoring Consultant Contracts), including monthly drawdown schedules.
C. General Reports and Submittals. In general, reports and submittals must be by the City prior to their
content being utilized in follow-up work effort.
4. PERSONNEL QUALIFICATIONS
The C/PM must be approved by the City/PM. Certain tasks must be done by Licensed Professional Engineers
(PE) or Professional Land Surveyors (PLS) who are registered with the Colorado State Board of Registration 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.
Tasks assigned to the Consultant must be conducted by a qualified person on the Consultant team. The qualified
person is a professional with the necessary education, certifications (including registrations and licenses), skills,
experience, qualities, or attributes to a particular task.
SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT
April 2017 Supplement (modification for March 22, 2016) | 7
This contract requires that the prime firm or a member of its team be pre-qualified in the following disciplines for
the entire length of the contract:
· AC—Acoustical engineering
· EN—Environmental Engineering
· GE—Geotechnical Engineering
· HD—Highway and Street Design
· HY—Hydraulics
· LA—Landscape Architecture
· MA—Management (Contract Admin)
· MC—Management (Construction)
· MT Materials Testing
· SO—Soils Engineering
· SE—Structural Engineering
· SU—Surveying
· TP—Transportation Engineering
· TR—Traffic Engineering
5. CITY COMPUTER/SOFTWARE INFORMATION
The consultant shall utilize the following City adopted software. The primary software used by City is as follows:
A. Earthwork: Inroads/ Microstation
B. Drafting/CADD: Inroads/ Microstation
C. Survey/photogrammetry: Inroads/Microstation
D. Estimating: Microsoft Excel 2010
E. Specifications: Microsoft Word 2010
F. Scheduling: Microsoft Project 2010
G. Presentations: Microsoft PowerPoint 2010
H. GIS: Arc Info Version 10.1 Service Pack 1
6. COMPUTER DATA COMPATIBILITY
The data format for submitting design computer files shall be compatible with the latest version of the adopted
City software as of Notice to Proceed for the contract. The Consultant shall immediately notify the City/PM if the
firm is unable to produce the desired format 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 compliance with the recent CDOT adopted
standards and specifications, manuals, and software or as by the City/PM. Conflicts in criteria shall be
resolved by the City/PM.
B. Specific Design Criteria: Appendix A is CDOT Form 463 which is a list of specific design criteria current
as of execution of this contract. The list is comprehensive and may include items that are not required for
tasks defined in this scope. The Consultant shall submit proposed changes to the pertinent criteria to the
City/PM at one of the progress meetings prior to initiating design.
C. Construction Materials/Methods: The materials and methods specified for construction will be selected to
the initial construction and long-term maintenance cost to the State of Colorado. Non-typical construction
materials and methods must be in writing by the City.
SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT
April 2017 Supplement (modification for March 22, 2016) | 8
SECTION 5
PROJECT INITIATION AND CONTINUING REQUIREMENTS
1. PROJECT MEETINGS
In addition to the ongoing progress meetings taking place as part of the Wadsworth Widening Phase I
Environmental Assessment, one (1) workshop will be held to discuss potential alternative options to avoid the
historic properties.
A. Meeting Minutes. Workshop meeting minutes shall be 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 Item”, the party responsible for accomplishing it, and the proposed completion date.
2. PROJECT MANAGEMENT
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 schedule for tasks accomplished by the City and
other agencies. Modifications will be made as necessary in collaboration with City and appropriate justification.
The supplementary tasks covered by this Scope of Work are expected to take approximately 9 months.
4. QUALITY ASSURANCE/QUALITY (QA/QC)
Prepare and submit a QA/QC plan as part of the planning documents noted above, and commit to adhering to the
QA/QC process throughout the project.
SECTION 6.
ENVIRONMENTAL WORK
1. CONSULTANT DISCLOSURE STATEMENT
40 Code of Federal Regulations (CFR) Section 1506.5(c) specifies that 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.
2. PROJECT INITIATION
Environmental analysis and review for the ongoing Wadsworth Widening Phase I Environmental Assessment will be
informed by the additional historic properties revisitation work performed under this scope. Environmental analysis
will be undertaken as needed to update technical reports and other documentation in accordance with relevant changes
in project area footprint, documentation requirements, or design associated with the results of the historic properties
revisitation.
ENVIRONMENTAL SCOPING TASK
The additional work to revisit and assess historic properties may result in changes to the proposed roadway
improvements which differ from those identified in the recent design plans (December 2016). It is understood that
those changes may result in changes to required environmental documentation and may require up to 3 additional
scoping meetings with representatives from the City of Wheat Ridge, CDOT Region 1, CDOT EPB, or others at
CDOT as needed.
A. Preparation and Coordination of Requirements. It is understood that the additional work undertaken to
revisit historic properties in the corridor and the resulting design updates and environmental analysis needed
to accommodate this revistation will result in additional coordination with agency representatives where
needed. The additional documentation requirements will be provided by the consultant.
SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT
April 2017 Supplement (modification for March 22, 2016) | 9
B. Project Study Area Limits/Logical Termini. Preliminary project study area limits were established in
Section 1 of this document. changes to the corridor termini resulting from this scope of work will need to
be documented and a revised recommendation, if needed, will be prepared by the consultant and transmitted
to Wheat Ridge, CDOT and FHWA for review and approval. Additionally, if study area boundaries change
as a result of design modifications, study area graphics will be updated.
C. Administrative Record. The consultant will maintain NEPA Administrative Record documentation
throughout the duration of this scope of work that will be incorporated into the Wadsworth Widening Phase I
Environmental Assessment Administrative Record. The Administrative Record for this scope should adhere
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 if requested during the project’s duration.
ENVIRONMENTAL ANALYSIS AND DOCUMENTATION
Conduct Contextual Analysis. Determine the effort required to examine the transportation needs in the project area,
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 CDOT EPB, and FHWA for early review as appropriate and necessary.
Analysis shall include project’s consistency with the Wadsworth PEL Study.
A. Evaluate Alternatives Impacts. The consultant shall take into account the projected design-year traffic
volumes and projected opening day traffic volumes for new facilities deemed necessary as developed for this
Scope of Work, or as modified by CDOT. 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.
B. Conceptual Design of Alternatives. For design changes that results from this scope of work, incorporate
existing Wadsworth Widening Phase I Environmental Assessment design to identify relevant impacts within
each environmental resource area.
COST ESTIMATES AND FINANCIAL ANALYSIS
A. Incorporate Into NEPA Document. Review the cost estimates and financial analysis conducted as part of
the Wadsworth Widening Phase I Environmental Assessment, provide supplemental analysis as needed to
support the Preferred Alternative, and incorporate findings into the draft NEPA document.
DATA COLLECTION, FIELD INVESTIGATION, AND MITIGATION MEASURES
The following analyses are required for one build alternative. Each resource will be summarized concisely,
focusing on the project issues of concern in the NEPA document. The scope shall define the level of
documentation, project tasks, and project deliverables (see Section 7.12) for each of the resource areas to be
revisited. 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 planned 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 unrelated to
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 Study,
CatEx, EA, or EIS). 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 updates
for the administrative record.
Relevant information will be incorporated in the NEPA document sections such as: Affected Environment,
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.
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April 2017 Supplement (modification for March 22, 2016) | 10
Substantive changes to the scope of proposed improvements from those identified in the recent design plans
(December 2016) that may result in changes to anticipated documentation will modifications to the DRAFT
Technical Reports prior to review by the City, CDOT and FHWA.
A. Air Quality.
Review the draft Air Quality technical report to determine if the design modifications made as part of this
scope of work require additional technical analysis. Provide up to 12 hours for that additional analysis
and participation in two meetings (1 hour each) to describe those changes and coordinate with other
related technical resources. Revise final technical report.
B. Geologic Resources and Soil.
Review Existing soils and geological findings to determine if the design modifications made as part of
this scope of work require additional technical analysis. Provide up to 2 hours for that additional
analysis and participation in two meetings (1 hour each) to describe those changes and coordinate with
other related technical resources.
C. Water Quality
Colorado Discharge Permit System (CDPS) design and permitting issues.
A mitigation plan that includes conclusions of effects, permanent management practices (BMPs),
temporary/construction BMPs, erosion measures, and definition of maintenance responsibilities. Minor
revisions to the Mitigation Plan may be if the design modifications change the scope of the project.
Provide up to 2 hours for review.
D. Floodplains Assessment
Review the draft Water Resources and Floodplain Technical report to determine if the design
modifications made as part of this scope of work require additional technical analysis. Provide up to 6
hours for that additional analysis and to describe those changes, make necessary graphic revisions and
coordinate with other related technical resources. Revise final technical report and coordinate comment
review through CDOT and FHWA.
E. Wetlands
Review the wetland maps to determine if there are modifications required as a result of design
modifications and revise graphics as necessary.
F. Wetland Finding Report.
Review the Wetland Finding report to determine if the design modifications made as part of this scope of
work require additional technical analysis and/or graphic updates. Up to 10 hours will be needed for
review and to describe those changes and coordinate with other related technical resources. Revise final
technical report and coordinate comment review through CDOT and FHWA.
G. Vegetation and Noxious Weeds
Review the Biological Resources Report to determine if the design modifications made as part of this
scope of work require additional technical analysis and/or graphic revisions. Provide up to 10 hours for
the additional analysis to describe those changes and coordinate with other related technical resources.
H. Fish and Wildlife
Review the findings of the impacts analysis to determine if the design modifications made as part of this
scope of work require additional technical analysis and/or graphic revisions. Provide up to 8 hours for
the additional analysis to describe those changes and coordinate with other related technical resources.
Develop appropriate mitigation measures/incorporate into a BRR.
I. Threatened and Endangered (T&E) Species
Review the findings to determine if the design modifications made as part of this scope of work require
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additional technical analysis and/or graphic revisions. Provide up to 8 hours for the additional analysis
to describe those changes and coordinate with other related technical resources.
J. Historic Properties
Collection and Evaluation of Baseline Information as defined by Section 106 of the National Historic
Preservation Act of 1966, as amended. Work conducted during PEL will support additional work
conducted as part of the Technical document.
i. Determine the area of potential effect (APE), in coordination with CDOT and the State Historic
Preservation Officer (SHPO). Conduct additional research and field survey to supplement work done as
part of the PEL. The literature search, intensive field survey and historic resources report has already
been done as a part of the PEL. Section 106 support to include drafting of two (2) consultation letters,
fieldwork and report addendum to PEL historic study to fulfill Section 106 identification and
evaluation requirements. Affects analysis for Section 106 requirements and documentation to be
included in second consultation letter or report addendum.
ii. CDOT to identify and coordinate with consulting parties (e.g., public, historic preservation groups,
local historical societies, museums) regarding historic properties in the project area.
iii. Determine potential impacts, both and indirect, to historic resources and recommend mitigation
strategies to avoid or mitigate impacts.
iv. This scope assumes that there are no adverse impacts. If there are adverse impacts, then development of
an agreement to address these will be covered under separate scope.
v. Collaborate with the CDOT Region Historian or EPB Senior Staff Historian to develop a Memorandum
of Agreement. This scope assumes that there are no adverse impacts.
vi. Work with the CDOT Region historian or EPB Staff Historian to obtain necessary approvals.
K. Land Use.
Review the findings to determine if the design modifications made as part of this scope of work require
additional technical analysis and/or graphic revisions. Provide up to 12 hours for the additional analysis
to describe those changes and coordinate with other resources experts.
L. Social and Economic Resources.
Review the findings to determine if the design modifications made as part of this scope of work require
additional technical analysis and/or graphic revisions. Provide up to 14 hours for the additional analysis
to describe those changes and coordinate with other related technical resources.
M. Environmental Justice.
Review the findings to determine if the design modifications made as part of this scope of work require
additional technical analysis and/or graphic revisions. Provide up to 16 hours for the additional analysis
to describe those changes and coordinate with other related technical resources.
N. Bicycle and Pedestrian Facilities.
Review the findings to determine if the design modifications made as part of this scope of work require
additional technical analysis and/or graphic revisions. Provide up to 48 hours for the additional analysis
to describe those changes and coordinate with other related technical resources.
O. 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 710:
Review the findings to determine if the design modifications made as part of this scope of work require
additional technical analysis and/or graphic revisions. Provide up to 44 hours for the additional analysis
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to describe those changes and coordinate with other related technical resources.
P. Transportation Resources
This scope includes adjustment of the proposed action alternative cross-section. The proposed cross-
section may be changed to avoid or impacts on historic properties.
Synchro and VISSIM analysis has been for the proposed action alternatives which include a six lane
cross-section throughout the corridor. Assuming revisions to the proposed cross-section, the consultant
will conduct additional traffic modeling to document the impact on capacity and operations of the
proposed action alternative, and identification of potential mitigation measures if needed. The extents of
the existing model are to be expanded to include the eastbound I-70 off-ramp and traffic signal.
The following tasks are defined for completion of the traffic modeling effort using the VISSIM micro-
simulation software:
• Revise VISSIM model elements to reflect the new cross-section, and extend model limits
to include the I-70 eastbound off-ramp
• Create RBC controller for the traffic signal at the I-70 off-ramp and add traffic signal
elements to the VISSIM model
• Revise vehicle routing for vehicles entering the model at either Wadsworth Boulevard
north of the study area, or the eastbound I-70 off-ramp
• Perform model test runs and adjust model features where needed
• Perform model QC and revisions
• Final model runs, result compilation and reporting of queues, vehicle delay, level of
service and travel time
• Edit existing documentation for revised operational performance
Q. Section 4(f) and Section 6(f) Evaluation.
Review the Draft Section 4(f) and Section 6(f) Technical Report findings to determine if the design
modifications made as part of this scope of work require additional technical analysis and/or graphic
revisions. This scope does not include preparation of an individual 4(f) evaluation.
R. Noise.
Review the draft Noise Technical report to determine if the design modifications made as part of
this scope of work require additional technical analysis. Provide up to 16 hours for that additional
analysis and participation in two meetings (1 hour each) to describe those changes and coordinate
with other related technical resources. Revise final technical report.
S. Visual Resources
Review the draft visual resources technical report to determine if the design modifications made as
part of this scope of work require additional technical analysis. Provide up to 14 hours for that
additional analysis and participation in two meetings (1 hour each) to describe those changes and
coordinate with other related technical resources. Revise final technical report.
T. Hazardous Materials.
Review the draft Hazardous Materials ISA Technical report to determine if the design modifications
made as part of this scope of work require additional technical analysis and/or graphics
revisions. Provide up to 10 hours for that additional analysis to describe those changes and
coordinate with other related technical resources. Revise final technical report and coordinate
comment review through CDOT and FHWA.
3. PUBLIC AND AGENCY INVOLVEMENT
This section identifies public and agency involvement tasks anticipated for the project.
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A. Stakeholder Involvement Plan.
Review Stakeholder Involvement Plan to identify additional outreach opportunities over the duration of
this scope. Coordinate up to one additional Content Document development to share information related
to the historic revisitation and related design updates with the public.
B. Public Meeting
This meeting will be used to maintain communications with the public, add to the “contact list”, and
gather information.
Provide the following services, in coordination with the City, CDOT Region and EPB:
i. Determine location for public meeting and ascertain that facilities are ADA compliant and culturally
neutral.
ii. Advertise the public hearing/meeting date and location.
iii. Provide audio/visual equipment and support for presentations, as needed
iv. Prepare the graphics/display boards to include, at a minimum, the following features:
1. Purpose of and need for project
2. Maps showing alternatives
3. Description of social, environmental and economic impacts
4. Design features
5. Right-of-way information, acquisition, and construction
6. Source and amount of funding
7. other project-specific resource impacts deemed appropriate
8. Mitigation measures that public disclosure or relevance
9. Anticipated project schedule and next steps
10. How and where the public can provide comments
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SECTION 7.
PRECONSTRUCTION WORK TASK DESCRIPTIONS
1. CONCEPTUAL DESIGN
Consultant (in this case WSP/PB) will lead the development of alternatives to avoid historic properties based on
historic evaluation and the City’s direction. This scope of works assumes evaluation of up to 5 options with one
final option to be moved forward. Revise plans for one alternative to the level for use in an EA process. Plans
will include revised information provided by HDR and other consultant team members such as relevant
geotechnical investigation, materials engineering, traffic engineering, landscaping, bicycle and pedestrian design,
ROW, survey and hydrology/ hydraulic engineering and cost estimating.
A. Hydrology/Hydraulic Engineering
i. Hydraulics. Revise the preliminary design of minor drainage structures as necessary based on changes
in roadway design:
a. Assess the 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-sections to determine the elevations, flow lines, slopes and
lengths of the structures. Show the flow quantity on the sections.
d. Recommend culvert pipe sizes, type, shape and material.
e. Pipe Material Justification Letter
ii. Conceptual Hydraulics and Hydrology Report. Revise the following as necessary based on changes in
roadway design:
a. Hydrology analysis
b. Minor structure hydraulic designs
c. Structure cross-sections
d. Storm Water Management Plan
e. Appendix:
· Drainage basin maps
· Hydrology/hydraulic worksheets
B. Roadway Design and Roadside Development
The following work will be performed in order to avoid historic properties based on historic evaluation
and at the City’s direction:
i. Roadway Design
a. Develop concepts alternatives to avoid impacts to newly identified historic properties. (Maximum
5 concepts)
b. Advance maximum 2 concepts to the level to determine the preferred concept (horizontal layout
only).
c. Develop the preferred concept to the level necessary to identify environmental impacts as required
by EA.
d. Revise alignments, profiles, typical sections, toes of slope and pertinent design features, including
permanent and temporary impacts, to the ROW, Utility and Environmental Managers.
e. Revise/ plot/develop information required information for the conceptual level of design on the
plans necessary for the identified NEPA process.
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f. Using current City software, revise a 3 dimensional design model and produce preliminary
quantities
g. Revise alignment, toes of slope and pertinent design features, including pavement and temporary
impacts for the proposed 48th Ave realignment
ii. Roadside Development. For roadside items including but not limited to, guardrails, delineators,
landscaping, sprinkler systems, bike paths, sidewalks, lighting, curb ramps, provide the following:
a. Revise conceptual layouts in the plan sheets based on historic evaluation and the City’s
direction.
b. Revise bicycle and sidewalk facility information which was provided by Toole, including
design guidance and details.
c. Revise landscape and median design to be provided by HDR
C. Major Structural Design. Major structures are retaining walls with a total length greater than one hundred
feet and a maximum exposed height at section of over five feet. This length is measured along the top of
wall for retaining walls. Overhead sign structures (sign bridges, cantilevers, and butterflies extending over
traffic) are also major structures, but are exempt from the structure conceptual design activity defined here.
The following work will be revised based on historic evaluation and the City’s direction:
i. Structural Data Collection. Obtain the additional structure site data as required. The following data, as
applicable, shall be collected:
a. Typical roadway section
b. Roadway plan and profile sheets showing alignment data, topography, utilities, conceptual design
plan
c. Right-of-Way restrictions
d. Preliminary geology information
e. Environmental constraints
f. Lighting requirements
g. Guardrail types
h. Recommendations for structure type.
ii. Structure Layout
a. Review the revised structure site data to determine the requirements that will the structure size,
layout, and type.
b. Determine/ revise the structure layout alternatives. For walls, determine the necessary top and
bottom of wall profiles
c. Determine/ revise the structure type alternatives. For walls, determine the feasible wall types.
d. Determine / revise the foundation alternatives. Consider piles, drilled caissons, spread footings, and
mechanically stabilized earth foundations based on early estimates from the project geologist. The
supporting information identified by foundation investigation will be provided by HDR or other
consultant team members.
e. The impact of staged construction on the structure alternatives shall be considered and reported on.
f. Compute / revise conceptual quantities and conceptual cost estimates as necessary to evaluate and
compare the structure layout and type.
g. Re-evaluate the structure alternatives. Establish the criteria for evaluating and comparing the
structure alternatives that, in addition to cost, encompass aspects of the project’s objectives. Based
on these criteria, select the optimum structure layout and type, as applicable, for recommendation to
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April 2017 Supplement (modification for March 22, 2016) | 16
the City.
h. Prepare/ revise conceptual general layout for the recommended structure. Prepare structure layouts
in accordance with current standards. Special detail drawings and a detailed conceptual cost
estimate shall accompany the general layout. The special detail drawings shall include the
architectural treatment. Perform an independent design and detail check of the general layout.
iii. Preliminary Structure Selection Report. Revise a preliminary structure selection report to document,
and obtain approval for, the structure conceptual design. By means of the structure general layout, with
supporting drawings, tables, and discussion, provide the following:
a. Summarize the structure site data used to select and layout the structures. Include:
· Project site plan
· Roadway vertical and horizontal alignments and cross sections at the structure
· Construction phasing
· Utilities on, below, and adjacent to the structure
· Preliminary geology information for structure foundation
· Architectural requirements
b. Report on the structure selection and layout process. Include the following:
· Discuss the structure layout and type
· Define the criteria used to evaluate the structure alternatives and how the recommended
structure was selected
· Provide a detailed conceptual cost estimate and general layout of the recommended
structure
iv. Foundation Investigation Request. If required for the avoidance of historic properties, initiate the
additional foundation investigation as early in the conceptual design phase as is practical. Foundation
investigation will be conducted by HDR or other consultant team members. On plan sheets showing the
project line, its stations and coordinates, utilities, identify the test holes needed and submit them to the
project geologist. The available general layout information for the new structure shall be included in
the investigation request.
D. Construction Phasing Plan. Revise previously developed conceptual construction phasing plan to reflect
the new alternative. It will be developed to verify that structural constructability opportunities are compatible
with the roadway design. This plan should also address the access impact to the adjacent properties. A
Preliminary traffic plan will not be developed at this time.
E. Preparation of Conceptual Plans. Previously developed plans will be revised based on historic evaluation
and the City’s direction and will be to the level for concluding EA process. Where information from other
efforts is available the following will be developed:
i. Coordinate and compile the plan inputs from the City and CDOT.
ii. For major structures, a general layout (which has been accepted by the City) will be included in the
conceptual plans.
iii. Prepare the conceptual cost estimate for the work described in the conceptual plans based on estimated
quantities.
iv. The conceptual plans shall include: title sheet, typical sections, plan/profile sheets, and conceptual
layouts of intersections.
The plan/profile sheets will include the following: existing topography, survey alignments, projected
alignments, profile grades, ground line, existing ROW, rough structure notes (conceptual drainage
design notes, including pipes and inlets), and existing utility locations based on information provided
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April 2017 Supplement (modification for March 22, 2016) | 17
by utilities. No additional utility location work will be done during this phase of the project, and will be
carried over into Phase II.
The following items may be incorporated into the conceptual plans:
a. Catch points
b. Proposed Right-of-Way
c. Soil profile and stabilization data
d. Structure general location and alignment
e. Preliminary earthwork (plotted cross sections at critical points with roadway template and existing
utility lines at known or estimated depths)
Typical plan sheet scales will be as follows:
a. Plan and Profile: 1 inch = 50 Feet (Urban); 1 inch = 100 Feet (Rural)
b. Intersections: 1 inch = 20 feet
v. The ROW ownership map shall be included in the conceptual plan set.
vi. The plans shall be submitted to the City/PM for a conceptual review.
vii. Conceptual plan reproduction not to exceed 20 sets.
viii. The conceptual construction phasing with proposed detours will be included in the conceptual plan set
ix. CDOT form 1048—project scoping procedures completion checklist
F. Revisions. The Consultant shall work with the City to agree upon and document revisions required before
this phase of work is considered complete.
2. CORRIDOR MANAGEMENT SUPPORT
A. Design
i. Provide the required staff, communication equipment and computer systems with appropriate software
for tracking and monitoring the planning efforts.
ii. Develop a quality assurance program that verifies accuracy of plans.
iii. The consultant shall coordinate the technical aspects of the planning efforts such as:
a. That the separate projects utilize the same reference and data base for horizontal and vertical.
b. Bearings, coordinates, grades and elevations are identical for common lines on separate projects.
3. DELIVERABLES
A. Environmental
i. Limited Results Cultural Resource Survey Form
ii. 2 Section 106 Consultation letters, PEL Historic Study Report Addendum and Inventory Forms
iii. The following environmental documents will be reviewed to determine if this scope of work changed
their material findings. If so, these documents will be updated accordingly for submittal with the
Template EA for the Wadsworth Widening Phase I Environmental Assessment
· Purpose and Need statement
· Alternative Selection Report
· Transportation Tech Report
· AQ Tech Report
· Noise Tech Report
· Preliminary Stormwater
Management Plan
· Paleontological Tech Report
· Floodplain and Drainage
Assessment Report
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April 2017 Supplement (modification for March 22, 2016) | 18
· ROW and Relocation Tech Report
· Historic Resources Report.
· Cumulative Impact Assessment Tech
Report
· Socio-economic Tech Report
· Initial Site Assessment
· Biological Resource Report
· Section 4(f) Evaluation
· Safety Assessment
B. Public Involvement
i. 1 additional public meeting
ii. 2 City Council meetings
iii. 1 Additional content document
iv. Meeting summary documents
C. Engineering/Survey
i. Revisions as necessary to the Specific Design Criteria
ii. Revisions as necessary to the conceptual roadway plans developed to the level to identify areas of
impact
iii. Revisions as necessary to the conceptual lay out of two intersections
Project Number 184142 Mod #2Location:Wasworth Blvd Widening EAFirm Name:WSP|Parsons Brinckerhoff, Inc.Firm Phone No: 303-832-9091Name of Preparer:Ina ZismanScope of Work Date:March 28, 2017Type of Proposal:Cost Plus Fixed Fee
1A. LABOR RATES
EMPLOYEE EMPLOYEE CDOT DIRECT SALARY INDIRECT LABOR RATENAMECLASSIFICATIONCLASSIFICATIONCOST/HOUR COST (%)$/HOUR( a )( b )( c )
BINNEY, BRYCE E SR SUPV ENGINEER SENIOR ENGINEER/SPECIALIST (PE-4)$73.57 152.83 186.01$
GATTSHALL, BRIAN D ENGINEER II P.E. STAFF/PROJECT ENGINEER (PE-1)$33.45 152.83 84.57$ GUINARD, EDUARDO J LEAD ENGINEER SENIOR PROGECT ENGINEER/PROJECT MANAGER (PE-3)$54.37 152.83 137.46$ HEIDENREICH, ROSS M.SR ENGINEER SENIOR PROGECT ENGINEER (PE-2)$40.76 152.83 103.05$
MARTINEZ, DOMONIC SR CADD DESIGNER III DESIGNER III/PRINCIPAL DESIGNER $41.97 152.83 106.11$ PAVLICK, KENNETH J SR CADD DESIGNER III DESIGNER III/PRINCIPAL DESIGNER $41.97 152.83 106.11$ ROCK, AMY SR PROJECT ACCOUNTANT ACCOUNTANT (PROJECT)$36.22 152.83 91.58$
SALERNO, JOEL PAT SUPV ENGINEER SENIOR PROGECT ENGINEER/PROJECT MANAGER (PE-3)$62.50 152.83 158.02$ ZISMAN, INESSA N SR SUPV ENGINEER SENIOR PROGECT ENGINEER/PROJECT MANAGER (PE-3)$65.36 152.83 165.25$
Note: Items 1A, 3 and 4 (as applicable) are prepared to submit rates.Items 1B, 2, 3 and 4 (as applicable are completed to compute a project cost.
1B. LABOR COSTS EST. NO.EST. COSTEMPLOYEEEMPLOYEELABOR RATE OF WORK PER NAME CLASSIFICATION $/HOUR HOURS EMPLOYEE
BINNEY, BRYCE E SR SUPV ENGINEER SENIOR ENGINEER/SPECIALIST (PE-4)$186.01 6 1,116.04$ GATTSHALL, BRIAN D ENGINEER II P.E. STAFF/PROJECT ENGINEER (PE-1)$84.57 18 1,522.29$ GUINARD, EDUARDO J LEAD ENGINEER SENIOR PROGECT ENGINEER/PROJECT MANAGER (PE-3)$137.46 117 16,083.25$ HEIDENREICH, ROSS M.SR ENGINEER SENIOR PROGECT ENGINEER (PE-2)$103.05 61 6,286.26$ MARTINEZ, DOMONIC SR CADD DESIGNER III DESIGNER III/PRINCIPAL DESIGNER $106.11 10 1,061.13$ PAVLICK, KENNETH J SR CADD DESIGNER III DESIGNER III/PRINCIPAL DESIGNER $106.11 18 1,910.03$ ROCK, AMY SR PROJECT ACCOUNTANT ACCOUNTANT (PROJECT)$91.58 9 824.18$ SALERNO, JOEL PAT SUPV ENGINEER SENIOR PROGECT ENGINEER/PROJECT MANAGER (PE-3)$158.02 20 3,160.38$ ZISMAN, INESSA N SR SUPV ENGINEER SENIOR PROGECT ENGINEER/PROJECT MANAGER (PE-3)$165.25 130 21,482.46$
LABOR TOTAL 53,446.01$
2. FEE (10% X Section 1B)FIXED FEE 5,344.60$
3A. OTHER DIRECT COSTS (IN-HOUSE):ESTIMATED UNIT ESTIMATEDITEMUNITSRATESCOSTPer Diem 0 $0.000 -$ Mileage 391 $0.480 187.68$ * Other 0 $0.000 -$ * Prior Approval from CDOT Project Manager required
SUBTOTAL 187.68$
3B. OTHER DIRECT COSTS (Outside):ESTIMATED ESTIMATED
ITEM UNITS RATE UNITS COSTDeliveries/Courier Services TBD At Actual Reasonable Cost each -$ Major Reproduction At Actual Reasonable Cost each 1,000.00$ Parking, Tolls TBD At Actual Reasonable Cost each -$ Miscellaneous TBD At Actual Reasonable Cost each -$
SUBTOTAL 1,000.00$
ODC TOTAL 1,187.68$ 4A. OUTSIDE SERVICES RATES (SUBCONSULTANTS):
FIRM NAME ESTIMATED COST
N/A -$
SUBTOTAL -$ 4B. OUTSIDE SERVICES (VENDORS)*:FIRM NAME ESTIMATED COST
N/A -$
* Prior Approval from CDOT Project Manager required
SUBTOTAL -$
OUTSIDE SERVICES TOTAL -$
TOTAL ESTIMATED COST 59,978.29$
(DATE SIGNED)
Michael Unger(TYPED NAME)(SIGNATURE)
PROJECT COST WORKSHEET (COST PLUS FIXED FEE)
I DECLARE THAT TO THE BEST OF MY KNOWLEDGE THE WAGE RATES AND OTHER FACTUAL UNIT RATES SUPPORTING THE COMPENSATION TO BE PAID BY THE DEPARTMENT FOR THE PROFESSIONAL SERVICES ON THIS DOCUMENT ARE ACCURATE, COMPLETE AND CURRENT AT THE TIME OF CONTRACTING, AND INCLUDE NO UNALLOWABLE OR DUPLICATE COSTS.
03/28/207
Project Cost WorksheetPage 1 of 1
Attachment 3
ITEM NO: DATE: May 22, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 15-2017 – A RESOLUTION AMENDING
THE FISCAL YEAR 2017 OPEN SPACE FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $211,167 FOR THE PURPOSE OF AWARDING A CONTRACT TO CALAHAN CONSTRUCTION SERVICES, INC. FOR THE CONSTRUCTION OF AN EQUIPMENT STORAGE BUILDING IN THE AMOUNT OF $317,000 AND A TEN PERCENT CONTINGENCY AMOUNT OF $31,700 FOR A TOTAL OF $348,700
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Parks and Recreation Director City Manager
ISSUE: There is a current lack of indoor/covered storage space for maintenance equipment for the Parks, Forestry and Open Space Division. A new building would accommodate indoor storage for items such as tractor attachments, seeders, top dressers, seasonal mowing equipment and snow removal
equipment.
The majority of the City’s equipment that is stored outdoors is covered with tarps to help deter weather and sun damage. Storing equipment indoors will lessen the wear and tear on equipment caused from the year-round outdoor storage.
A centralized indoor storage area would make it easier to access equipment currently being stored outside at three separate locations. The distance between the three storage areas creates inefficient use of time as staff travels between the locations to retrieve or change equipment as
Council Action Form – Wheat Ridge Storage Building
May 22, 2017
Page 2 needed. Removal of the tarps also causes delays in equipment retrieval and or change out.
Existing storage areas are at capacity and the construction of this equipment storage building
would help to separate vehicles and equipment and allow the vehicle storage building to be used for intended purpose. PRIOR ACTION: This project was approved in the 2016 Fund 32 Open Space budget. Intergroup Architects was
awarded a design contract in the amount of $15,500. They provided the City with construction drawings in early 2017. The formal bid process, concluded in April of 2017, netted three competitive bids with costs for the base bid and two alternates. All bids received were over the advertised budget. Calahan Construction Services of Lakewood, Colorado was identified
as the low bidder. The award was for the base bid only and no alternate bids are included. Staff
has checked references and contacted the vendor to verify bid information and intended construction management processes. A combined Public Works and Park Maintenance Facility Master plan was approved by
City Council in 2004. The plan included Parks Division vehicle and equipment storage
buildings at 11220 W. 45th Ave. A one-acre parcel of land adjacent to the Public Works facility was purchased in 2008 with Open Space funds to accommodate the construction of a storage building as well as additional equipment storage bays to meet the goals of the Master Plan. Funds for the equipment building project were approved in the 2017 Budget
in Fund 32, Open Space Fund.
FINANCIAL IMPACT: Funds in the amount of $150,000 for the project were approved in the 2016 Fund 32 Open Space budget. The balance available for construction after payment of the design
contract is $137,533. The budget shortfall is due to the rising costs in the construction
market that have occurred since the project was originally budgeted, design enhancements that include an enclosed building versus an open storage shed and code requirements related to the design of an enclosed building.
The additional funds are available in the Fund 32 Open Space fund balance. 2016 sales
tax revenue for this fund was $200,000 higher than projected. BACKGROUND: Three bids were received for ITB-17-08 on April 21, 2017. Calahan Construction Services, of
Lakewood, Co. was the low bidder at $317,000. Staff recommends adding a 10% contingency
amount of $31,700 for a total of $348,700. Funding for this project is budgeted in Fund 32 Open Space Fund. RECOMMENDATIONS: Staff recommends award of the contract for the construction of a new equipment storage
building to Calahan Construction Service.
Council Action Form – Wheat Ridge Storage Building
May 22, 2017
Page 3 RECOMMENDED MOTION: “I move to approve Resolution No. 15-2017, a resolution amending the fiscal year 2017 Open
Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $211,167 for the purpose of awarding a contract to Calahan Construction Services, Inc. for the construction of an equipment storage building in the amount of $317,000 and a ten percent contingency amount of $31,700 for a total of $348,700.”
Or, “I move to deny approval of Resolution No. 15-2017, a resolution amending the fiscal year 2017 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the
amount of $211,167 for the purpose of awarding a contract to Calahan Construction Services,
Inc. for the construction of an equipment storage building in the amount of $317,000 and a ten percent contingency amount of $31,700 for a total of $348,700 for the following reason(s) _________.” REPORT PREPARED/REVIEWED BY:
Mark Ruote, Park Project Coordinator Rick Murray, Parks, Forestry and Open Space Manager Joyce Manwaring, Director of Parks and Recreation Jennifer Nellis, Purchasing Agent
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 15-2017 2. Bid Tabulation Sheet
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 15 Series of 2017
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2017 OPEN SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $211,167 FOR THE PURPOSE OF AWARDING A CONTRACT TO
CALAHAN CONSTRUCTION SERVICES, INC. FOR THE CONSTRUCTION OF AN EQUIPMENT STORAGE BUILDING IN THE AMOUNT OF $317,000 AND A TEN PERCENT CONTINGENCY AMOUNT OF $31,700 FOR A TOTAL OF $348,700
WHEREAS, the current Parks Maintenance Facility was constructed in 1972 and
does not meet the operational needs of the Parks Division; and WHEREAS, there is no covered storage provided for equipment; and
WHEREAS, equipment is stored in three separate locations under tarps;
WHEREAS, a Public Works/Parks Master plan was completed in 2004 and includes the construction of this building; and
WHEREAS, property was purchased from the Open Space Fund 32 in 2008 to
accommodate moving the Parks Maintenance facility to the Public Works Operations yard; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a resolution.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
THE FOLLOWING AMENDMENT TO THE 2017 OPEN SPACE FUND IS HEREBY APPROVED: A supplemental budget appropriation in the amount of $211,167 is transferred to account #32-601-800-865 from Open Space Fund undesignated reserves
for the purpose of constructing the Wheat Ridge Equipment Storage Building
DONE AND RESOLVED this 22nd day of May 2017. ______________________________
Joyce Jay, Mayor
ATTEST:
______________________________
Janelle Shaver, City Clerk
Attachment 1
Subject to review for completeness and accuracy. "�·4 ��:!t�
PROJECT: ITB-17-08
WR STORAGE BUILDING FOR EQUIPMENT
DUE DATE/TIME: TUESDAY, APRIL 4, 2017 BY 12:00 P.M. LOCAL TIME
RE
�
UEST D BY: MARK RUOTE, PARKS FORESTRY & OPEN SPACE
OPENED BY: JENNIFER NELLIS, PURCHASING AGENT
WITNESSED BY: CINDY RAIOLO, PURCHASING TECHNICIAN
VENDOR (PRIME) Barba & Sons Calahan Construction Growling Bear
Construction Services Company, Inc.
LOCATION Broomfield, CO Lakewood, CO Greeley, CO
BIDDER ACKNOWLEDGEMENT FORM Yes Yes Yes
ACKNOWLEDGE ADDENDUM (1) Yes Yes Yes
CONTRACTOR'S QUALIFICATION FORM Yes Yes Yes
NON-DISCRIMINATION ASSURANCE FORM Yes Yes Yes
ILLEGAL AL!EN COMPLIANCE Yes Yes Yes
LIST OF SUB-CONTRACTORS Yes Yes Yes
NON-COLLUSION AFFADAVIT Yes Yes Yes
BID BOND Yes Yes Yes
KEEP JOBS IN COLORADO Yes Yes Yes
TOTAL AMOUNT OF BASE BID: $325,714.00 $317,000.00 $355,673.00
BID ALTERNATE #1 $18,958.00 $8,960.00 $6,329.00
BID ALTERNATE #2 $2,750.00 $10,240.00 $12,720.00
page 1 of 1
Attachment 2
ITEM NO: DATE: May 22, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT TO iPARAMETRICS,
LLC, ALPHARETTA, GA, IN THE AMOUNT OF $45,603
FOR FACILITY SECURITY ASSESSMENT SERVICES FOR CITY-OWNED BUILDINGS PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: It today’s society, there has been a paradigm shift in the various ways in which government
entities encounter and face threats. Security of government facilities and employees are more at risk in today’s threat environment than ever before. The challenge is how to continue to provide open, quality government services to citizens and customers while balancing facility and team member safety and security. iParametrics was selected through a RFP process to conduct security
assessments for the Wheat Ridge Municipal Building, Wheat Ridge Recreation Center and the
Wheat Ridge Active Adult Center in the contract amount of $45,603. The scope of work includes security assessment reports for each facility and development of a security master plan to include recommendations for facility security upgrades. PRIOR ACTION:
No prior action taken. FINANCIAL IMPACT: Funds were identified by management and transferred into the Building Maintenance general
fund budget account 01-118-700-750.
Council Action Form- Facility Security Assessment
May 22, 2017
Page 2 BACKGROUND: Three facilities, with high public use and visitation are included in the initial assessment, with
the option to add satellite facility risk assessments in the future. These assessments will identify potential security risks and include recommendations related to interior physical improvements that could be completed to mitigate risk to employees and customers in the buildings.
On April 13, 2017, sixteen proposals were received for facility security assessment services.
Proposals were evaluated and a short list of contractors/consultants was identified. Contractors were required to complete and submit a technical proposal and a separate fee schedule. Technical proposals were evaluated first, and upon completion of the technical evaluation, the fee schedules were opened and evaluated. Following that, presentations and interviews were
scheduled with four firms. The number one ranked firm, based on presentation and interview,
qualifications, proposal and pricing is iParametrics, LLC for $45,603. RECOMMENDATIONS: Staff recommends approval of this award to iParametics, LLC of Alpharetta, GA.
RECOMMENDED MOTION: “I move to approve the contract award to iParametrics, LLC, Alpharetta, GA, in the amount of $45,603 for facility security assessment services for City-owned buildings.”
Or,
“I move to deny the contract award to iParametrics, LLC, Alpharetta, GA, in the amount of $45,603 for facility security assessment services for City-owned buildings for the following reason(s) _________________________________.”
REPORT PREPARED/REVIEWED BY: Julie Brisson, Recreation and Facilities Manager Joyce Manwaring, Parks and Recreation Director Jennifer Nellis, Purchasing and Contracting Agent
Patrick Goff, City Manager
ATTACHMENTS: 1. Bid Tab – RFP-17-12
... � '.,_rW£:!t�dge
PROJECT: RFP-17-06
FACILITY SECURITY ASSESSMENT SERVICES
DUE DATE/TIME: THURSDAY, APRIL 13, 2017 BY 1 P.M. LOCAL TIME
Y: JULIE BRISSON, PARKS & RECREATION DEPARTMENT
OPENED BY: JENNIFER NELLIS, PURCHASING AGENT OR ITNESSED BY: CINDY RAIOLO, PURCHASING TECHNICIAN
VENDOR Affiliated Engineers CTCH Security Elert & Associates Gannette Fleming, Good Harbor
Business Consulting, Inc. TechMark, Inc.
LLC
LOCATION Chicago, IL Lompoc, CA Stillwater, MN Englewood, CO Norwell, MA
BIDDER ACKNOWLEDGEMENT FORM Yes Yes Yes Yes Yes
ACKNOWLEDGE ADDENDA (1) Yes Yes Yes Yes No
ILLEGAL ALIEN COMPLIANCE Yes Yes Yes Yes Yes
NON-DISCRIMINATION ASSURANCE FORM Yes Yes Yes Yes Yes
NON-COLLUSION AFFADAVIT Yes Yes Yes Yes Yes
VENDOR QUALIFICATION FORM Yes Yes Yes Yes Yes
RESPONSIVENESS AND QUALIFICATIONS OF FIRM Yes Yes Yes Yes Yes
RELEVANT EXPERIENCE & PROJECT METHODOLOGY Yes Yes Yes Yes Yes
SECURITY SYSTEM DESIGN EXPERIENCE Yes Yes Yes Yes Yes
SEPARATE ENVELOPE FEE PROPOSAL Yes Yes Yes Yes Yes
page 1 o/4
Attachment 1
... � ,I .; .. r City of _?'Wheat:RL_dge
PROJECT: RFP-17-06 REQUESTED BY: JULIE BRISSON, PARKS & RECREATION DEPARTMENT
FACILITY SECURITY ASSESSMENT SERVICES
DUE DATE/TIME: THURSDAY, APRIL 13, 2017 BY 1 P.M. LOCAL TIME
VENDOR Inter-Sec Group, Inc. iParametrics, LLC
LOCATION San Antonio, TX Alpharetta, GA '" """ BIDDER ACKNOWLEDGEMENT FORM Yes Yes
ACKNOWLEDGE ADDENDA (1) No Yes
ILLEGAL ALIEN COMPLIANCE Yes Yes
NON-DISCRIMINATION ASSURANCE FORM Yes Yes
NON-COLLUSION AFFADAVIT Yes Yes
VENDOR QUALIFICATION FORM Yes Yes
RESPONSIVENESS AND QUALIFICATIONS OF FIRM Yes Yes
RELEVANT EXPERIENCE & PROJECT METHODOLOGY Yes Yes
SECURITY SYSTEM DESIGN EXPERIENCE Yes Yes
SEPARATE ENVELOPE FEE PROPOSAL Included/Removed Yes
page 2 o/4
OPENED BY: JENNIFER NELLIS, PURCHASING AGENT
ITNESSED BY: CINDY RAIOLO, PURCHASING TECHNICIAN
Jensen Hughes The Physical Security Risk Management
Architects, Inc. Associates, dba
Protus 3
Linkshire, IL Denver, CO Raleigh, NC
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
PROJECT: RFP-17-06
FACILITY SECURITY ASSESSMENT SERVICES
� . " City of _?WheatRi_dge
DUE DATE/TIME: THURSDAY, APRIL 13, 2017 BY 1 P.M. LOCAL TIME
REQUESTED B : JULIE BRISSON, PARKS & RECREATION DEPARTMENT
OPENED BY: JENNIFER NELLIS, PURCHASING AGENT
@:. WITNESSED BY: CINDY RAIOLO, PURCHASING TECHNICIAN
VENDOR Quintech Solutions, Threat Reduction Siege International Technology Plus Inc. TRC Environmental
Inc. Solutions, LLC Corp.
LOCATION Summerville, SC Las Angeles, CA Lakewood, CO Aurora, CO Lakewood, CO
j,::; . "II J .. I ,· I .. !,,, ••. I ..
BIDDER ACKNOWLEDGEMENT FORM Yes Yes Yes Yes Yes
ACKNOWLEDGE ADDENDA (1) Yes Yes Yes Yes Yes
ILLEGAL ALIEN COMPLIANCE Yes Yes Yes Yes Yes
NON-DISCRIMINATION ASSURANCE FORM Yes Yes Yes Yes Yes
NON-COLLUSION AFFADAVIT Yes Yes Yes Yes Yes
VENDOR QUALIFICATION FORM Yes Yes Yes Yes Yes
RESPONSIVENESS AND QUALIFICATIONS OF FIRM Yes Yes Yes Yes Yes
RELEVANT EXPERIENCE & PROJECT METHODOLOGY Yes Yes Yes Yes Yes
SECURITY SYSTEM DESIGN EXPERIENCE Yes Yes Yes Yes Yes
SEPARATE ENVELOPE FEE PROPOSAL Yes Included/Removed Yes Yes Yes
page3 of4
PROJECT: RFP-17-06
FACILITY SECURITY ASSESSMENT SERVICES
� A ... " " City of _?WheatRLdge
DUE DATE/TIME: THURSDAY, APRIL 13, 2017 BY 1 P.M. LOCAL TIME
REQUESTED BY: JULIE BRISSON, PARKS & RECREATION DEPARTMENT /f fii) OPENED BY: JENNIFER NELLIS, PURCHASING AGENT
ik'�ITNESSED BY: CINDY RAIOLO, PURCHASING TECHNICIAN
ICIP, LLC,
International Critical
WSP/Parsons Infrastructure
VENDOR Brinkerhoff Protection
LOCATION Boulder, CO Parker, CO . ..... 1;;,'i'" ' '"I! ·1 --.. I ', .. .,, I I, I I ·'
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
VENDOR QUALIFICATION FORM Yes Yes
RESPONSIVENESS AND QUALIFICATIONS OF FIRM Yes Yes
RELEVANT EXPERIENCE & PROJECT METHODOLOGY Yes Yes
SECURITY SYSTEM DESIGN EXPERIENCE Yes Yes
SEPARATE ENVELOPE FEE PROPOSAL Included/Removed Yes
page 4 o/4
ITEM NO: DATE: May 22, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 14-2017 - A RESOLUTION AMENDING THE
FISCAL YEAR 2017 GENERAL FUND BUDGET TO REFLECT
THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5,000 FOR THE PURPOSE OF ACCEPTING GRANT FUNDS FOR THE PURCHASE OF CARDIO FITNESS EQUIPMENT TO BE INSTALLED IN HAYWARD PARK
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO __
_____________________________ ______________________________
Parks and Recreation Director City Manager ISSUE: The Parks and Recreation Department has received a grant from Jefferson County Public Health
to purchase outdoor fitness equipment for installation at Hayward Park LOCATED AT 7500
West 29th Avenue. The installation of two pieces of cardio equipment will provide an additional opportunity for outdoor exercise and activity for park users. A budget amendment is required to appropriate these unanticipated grant funds for expenditure. PRIOR ACTION:
Resolution No. 35-2014 was passed authorizing and supporting the City’s commitment to encourage healthy opportunities for members of the community. FINANCIAL IMPACT: The project cost for equipment is $5,000. The Parks and Recreation Department does not have
the funding to complete this project without acceptance of the grant award.
Council Action Form – Grant for Fitness Equipment
May 22, 2017
Page 2 BACKGROUND:
The improvements associated with this project would provide opportunities for residents and City staff to exercise in a park setting. The equipment is planned for installation along the circular trail at Hayward Park. This project will increase the availability of fitness equipment outside the Recreation Center setting.
RECOMMENDATIONS: Staff recommends the approval of the budget amendment to allow acceptance of the grant for fitness equipment and installation. RECOMMENDED MOTION:
“I move to approve Resolution No. 14-2017, a resolution amending the Fiscal Year 2017 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $5,000 for the purpose of accepting grant funds for the purchase of cardio fitness equipment to be installed in Hayward Park.”
Or, “I move to deny approval of Resolution No. 14-2017, a resolution amending the Fiscal Year 2017 General Fund budget to reflect the approval of a supplemental budget appropriation in the
amount of $5,000 for the purpose of accepting grant funds for the purchase of cardio fitness
equipment to be installed in Hayward Park for the following reason(s)_______________.” REPORT PREPARED/REVIEWED BY: Matt Anderson, Parks and Recreation Analyst
Joyce Manwaring, Parks and Recreation Director
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 14-2017
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 14
Series of 2017 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2017 GENERAL FUND BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5,000 FOR THE PURPOSE OF ACCEPTING GRANT FUNDS FOR THE PURCHASE OF CARDIO FITNESS EQUIPMENT TO BE INSTALLED IN HAYWARD PARK
WHEREAS, the Parks and Recreation Department has been awarded a grant from Jefferson County Public Health to purchase outdoor fitness equipment; and WHEREAS, this equipment will be installed at Hayward Park for use by residents
and staff; and
WHEREAS, these grant awards were not appropriated in the 2017 budget; and WHEREAS, an amendment to the general fund balance is required to expend
these funds; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows: THE FOLLOWING AMENDMENT TO THE GENERAL FUND IS HEREBY APPROVED:
A supplemental budget appropriation increasing account #01-603-650-660 in the amount of $5,000 for the purpose of appropriating grant award funds for cardio fitness equipment, and amending revenues accordingly
DONE AND RESOLVED this 22nd day of May 2017.
______________________________ Joyce Jay, Mayor
ATTEST: ______________________________
Janelle Shaver, City Clerk
Attachment 1
ITEM NO: DATE: May 22, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 09-2017 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO
REGULATE AND ALLOW SMALL CELL COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITIES PUBLIC HEARING ORDINANCES FOR 1ST READING (05/22/2017)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/12/2017) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Community Development Director City Manager ISSUE:
During the 2017 Colorado state legislative session, the legislature adopted, and the governor signed, House Bill 17-1193 pertaining to small cell wireless service infrastructure. As it pertains to local governments, the bill does two significant things:
1. Makes such facilities a use-by-right in all zoning districts; and
2. Allows them to locate in public rights-of-way (ROW) and on utility and traffic signal poles in those locations, and in public utility easements, with some limitations and subject to City review and approval.
Based on this action, staff recommends the City adopt local regulations pertaining to the design
parameters and approval processes for such facilities. The bill is effective July 1, 2017, and staff has received some inquiries from the small cell industry, potentially interested in making application for facilities in the City ROW. As such, staff recommends prompt action to ensure the City has the ability to proactively regulate their design and location, particularly when
wishing to locate in the ROW.
PRIOR ACTION: Late in 2016, the City modified its regulations regarding commercial mobile radio service
Council Action Form – Small Cell CMRS Facilities
May 22, 2017
Page 2 (CMRS) facilities. This update was done principally to comply with updated Federal
Communications Commission (FCC) regulations stipulating maximum local government review
timeframes. City Council reviewed the draft ordinance at a study session on May 15 and directed staff to proceed forward to package for Council’s consideration at 1st Reading on May 22. Based on
discussion at that meeting, staff has added language in Section 1 of the ordinance, adding Section
26-615.H.9 regarding “Permit Expiration.” FINANCIAL IMPACT: The City collects building permit application fees for all new CMRS facilities. In some cases,
new facilities require review and approval of a special use permit, which also have small
application fees. When requesting to locate in public ROWs, the state legislation allows municipalities to assess application fees, which cannot exceed strictly direct cost recovery. Cumulatively, these are minor revenue sources for the City. BACKGROUND:
Since the 1996 adoption of the Federal Telecommunications Act, both the federal and state governments have placed some limitations on the manner in which local governments regulate the installation of CMRS facilities. In addition to the previously mentioned new state regulations pertaining to small cell facilities, the FCC is also considering rulemaking that would limit the
manner in which such facilities can be regulated at a local level. City staff has provided comment
to the FCC on the draft regulations. The City has generally been permissive in regulating the industry, while maintaining reasonable design standards that ensure such facilities blend in with the community’s built environment.
RECOMMENDATIONS:
Staff has met internally to consider modifications to local regulations that will comply with the new state legislation and provide reasonable design standards and a review process for small cell wireless facilities. Staff believes this can be accomplished with an ordinance proposing relatively minor amendments to Chapter 26 (Zoning and Development). Given that such facilities are now
mandated by the state to be allowed in public rights-of-way, staff believes it is particularly
important to update City regulations to address the design parameters and location of such facilities. In order to have such regulations in place by the effective date of the legislation (July 1, 2017), staff proposes the following schedule for consideration of an ordinance:
• May 22 City Council 1st reading
• June 1 Planning Commission public hearing and recommendation
• June 12 City Council 2nd reading/public hearing
RECOMMENDED MOTION: “I move to approve Council Bill No. 09-2017, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to regulate and allow small cell commercial mobile radio service (CMRS) facilities on first reading, order it published, public hearing set for
Council Action Form – Small Cell CMRS Facilities
May 22, 2017
Page 3 Monday, June 12 at 7:00 p.m. in City Council Chambers, and that it take effect
immediately.”
Or, “I move to postpone indefinitely the ordinance amending Chapter 26 of the Wheat Ridge
Code of Laws to regulate and allow small cell commercial mobile radio service (CMRS)
facilities for the following reason(s) _________________.” REPORT PREPARED BY; Kenneth Johnstone, Director of Community Development
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 09-2017 2. House Bill 17-1193
-1-
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER __________________
COUNCIL BILL NO. 09 ORDINANCE NO. _________ Series 2017
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE
CODE OF LAWS TO REGULATE AND ALLOW SMALL CELL COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITIES
WHEREAS, the City of Wheat Ridge, Colorado, is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council is authorized to adopt ordinances for the protection of the
public health, safety or welfare; and
WHEREAS, in the exercise of this authority the Council has previously adopted Section 26-215 of the Wheat Ridge Code of Laws concerning commercial mobile radio service facilities; and
WHEREAS, the Council wishes to amend Section 26-615 to address changes in
state law affecting “small cell” facilities and to make conforming amendments in connection therewith;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-615 of the Code, concerning commercial mobile radio service
facilities, is hereby amended as follows: Sec. 26-615. – Commercial mobile radio service (CMRS) facilities. A. Purpose and intent. The purpose and intent of this section 26-615 is to
accommodate the communication needs of residents and businesses while
protecting the public health, safety, and general welfare of the community. These regulations are necessary in order to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city. 2. Minimize adverse impacts of facilities through careful design, siting and
screening standards. 3. Encourage and maximize colocation and the use of existing and approved towers, buildings, and other structures to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.
4. Provide specific regulations related to the review processes for CMRS facilities.
Attachment 1
-2-
5. Align the review and approval process for CMRS facilities with the FCC and any other agency of the federal government with the authority to regulate
CMRS facilities. B. Applicability. The standards contained in this section shall apply to all applications for any CMRS facility. The applicant shall demonstrate in writing that its proposed CMRS facility meets all applicable standards and provisions of the code. Pre-existing CMRS facilities shall not be required to meet the requirements of this
section, other than the requirements of subsection E. Changes and additions to
pre-existing CMRS facilities must meet the applicable requirements of this section. C. Review and approval process. Proposed CMRS facilities shall be reviewed pursuant to the following procedures depending upon the facility type and/or proposed change:
1. Review procedure
a. Building- or structure-mounted facilities in all zone districts shall be reviewed by the community development department through a building permit application for compliance with the requirements for such facilities.
b. Roof-mounted facilities in all zone districts shall be reviewed by the
community development department through a building permit application for compliance with the requirements for such facilities. c. New freestanding or alternative tower CMRS facilities must receive a special use permit, pursuant to sections 26-114, 26-204 and 26-1111.
d. New freestanding or alternative tower CMRS facilities in all planned
development zone districts (including planned residential districts) unless specifically listed or shown as such in the outline development plan, also require amendment of the outline development plan pursuant to Article III. At the sole discretion of the community
development director, new freestanding or alternative tower CMRS
facilities may be reviewed as a special use pursuant to sections 26-114, 26-204 and 26-309. e. Applications for colocation on any existing facility shall be reviewed by the community development department through a building permit
application for compliance with the requirements for such facilities. f. SMALL CELL CMRS FACILITIES AND NETWORKS IN PUBLIC RIGHTS-OF-WAY AND EASEMENTS SHALL BE REVIEWED BY THE PUBLIC WORKS DEPARTMENT AND SHALL REQUIRE A PERMIT UNDER SECTION 21-101, ET. SEQ..
g. SMALL CELL CMRS FACILITIES AND NETWORKS ON PRIVATE PROPERTY SHALL BE REVIEWED BY THE COMMUNITY DEVELOPMENT DEPARTMENT THROUGH A BUILDING PERMIT APPLICABLE FOR COMPLIANCE WITH THE REQUIREMENTS FOR SUCH FACILITIES.
2. Approval process
a. The city shall review and act upon the application within the following time periods:
-3-
i. Within 30 days the city will give written notice of incompleteness if so determined, specifying the code section(s) that requires
such missing information. This determination pauses the
remaining deadlines until a complete application is filed. ii. Within 60 days the city will act on applications that are not a substantial change. iii. Within 90 days the city will act on APPLICATIONS FOR
SMALL CELL FACILITIES OR colocation applications that are
not a substantial increase in the size of a tower. iv. Within 150 days the city will act on applications for new CMRS facilities, colocation applications that are a substantial increase in the size of the tower or substantial increase of an existing
CMRS facility.
b. The final action of the city on any CMRS application shall be in writing and shall advise the applicant of the reasons for approval, approval with conditions, or denial. D. Standards for all CMRS facilities. The following are standards for all CMRS
facilities.
1. Colocation. The shared use of existing freestanding or roof-mounted CMRS facilities shall be preferred to the construction of new facilities in order to minimize adverse visual impacts associated with the proliferation of towers. a. No CMRS application to construct a new freestanding or roof-mounted
CMRS facility shall be approved unless the applicant demonstrates to
the reasonable satisfaction of the city that no existing CMRS facility within a reasonable distance, regardless of municipal boundaries, can accommodate the applicant's needs. Evidence submitted to demonstrate that no existing facility can accommodate the applicant's
proposed CMRS facility shall consist of one or more of the following:
i. No existing CMRS facilities are located within the geographic area required to meet the applicant's coverage demands. ii. Existing CMRS facilities or structures are not of sufficient height to meet the applicant's coverage demands and cannot be
extended to such height.
iii. Existing CMRS facilities or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. iv. Existing CMRS facilities or structures do not have adequate
space on which proposed equipment can be placed so it can
function effectively and reasonably. v. The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing CMRS facility, or the antennas on the existing facility would cause interference
with the applicant's proposed antenna.
vi. The applicant demonstrates that there are other compelling limiting factors, including but not limited to economic factors, that render CMRS facilities or structures unsuitable.
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b. No CMRS facility owner or operator shall unreasonably exclude a telecommunication competitor from using the same facility or location.
Upon request by the city, the owner or operator shall provide evidence
and a written statement to explain why colocation is not possible at a particular facility or site. c. If a telecommunication competitor attempts to collocate a CMRS facility on an existing or approved CMRS facility or location, and the
parties cannot reach an agreement, the city may require a third-party
technical study to be completed at the applicant's expense to determine the feasibility of colocation. d. Applications for new freestanding CMRS facilities shall provide evidence that the facility can accommodate colocation of additional
carriers.
2. Federal requirements. All CMRS facilities shall meet the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate CMRS facilities. Failure to meet such revised standards and regulations shall constitute grounds for
revocation of city approvals and removal of the facility at the owner’s
expense. 3. Safety standards. All CMRS facilities shall conform to the requirements of the international building code, and national electrical code, as applicable. 4. Abandonment. CMRS facilities which are abandoned by nonuse,
disconnection of power service, equipment removal or loss of lease for
greater than six (6) months shall be removed by the CMRS facility owner. Should the owner fail to remove the facilities, the city may do so at its option, and the costs thereof shall be a charge against the owner and recovered by certification of the same to the county treasurer for collection as taxes in the
manner provided by code section 2-93, or by any other means available
under article x of chapter 26. 5. Third party review. a. CMRS providers use various methodologies and analysis tools, including geographically based computer software, to determine the
specific technical parameters of CMRS facilities, such as expected
coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances there may be a need for expert review by a third party of the technical data submitted by the CMRS provider. The city may require such a technical review to be paid for
by the applicant for a CMRS facility. The selection of the third party
expert may be by mutual agreement between the applicant and the city or at the discretion of the city, with a provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site-specific
review of technical aspects of the CMRS facilities and not a subjective
review of the site selection. The expert review of the technical submission shall address the following: i. The accuracy and completeness of the submission;
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ii. The applicability of analysis techniques and methodologies; iii. The validity of conclusions reached;
iv. Any specific technical issues designated by the city.
b. Based on the results of the third party review, the city may require changes to the application for the CMRS facility that comply with the recommendation of the expert. 6. All CMRS facilities are accessory uses to the structure upon which they are
placed or to the primary use of the property on which they are constructed. WITH THE EXCEPTION OF SMALL CELL FACILITIES, no CMRS facility shall be located on a vacant lot devoid of any primary or main building. 7. Siting of CMRS facilities in residential areas. The city encourages the siting of CMRS facilities in nonresidential areas.
a. The city prohibits freestanding CMRS facilities in the following zone
districts: i. Residential-One (R-1), ii. Residential-One A (R-1A), iii. Residential-One B (R-1B),
iv. Residential-One C (R-1C),
v. Residential-Two (R-2), vi. Residential-Two A (R-2A), vii. Residential-Three (R-3), viii. Residential-Three A (R-3A),
ix. Agricultural-One (A-1),
x. Agricultural-Two (A-2), and xi. Mixed Use-Neighborhood (MU-N) zone districts. b. The city prohibits all CMRS facilities on properties where the principal use is a single or two-family dwelling.
c. Alternative tower CMRS facilities may be located on a property
containing a non-residential use, regardless of underlying zoning. d. Building, structure or roof-mounted CMRS facilities may be located on a property containing a nonresidential or multi-family use, regardless of underlying zoning.
e. Alternative tower structures may be located on a property__________ f. SMALL CELL FACILITIES ARE PERMITTED IN ALL ZONE DISTRICTS. E. Standards for freestanding and alternative tower CMRS facilities. Freestanding and alternative tower CMRS facilities are subject to the following requirements and
shall be evaluated as a special use.
1. Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights-of-way. 2. Freestanding and alternative tower CMRS facilities shall be permitted only as an accessory use, and are subject to accessory use setback development
standards in the applicable zone district.
3. Freestanding and alternative tower CMRS facilities shall not exceed the permitted height for the principal use on the subject property.
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4. Freestanding CMRS facilities shall not be permitted between the principal structure and the street.
F. Standards for building or structure-mounted CMRS facilities. Building or structure-
mounted CMRS facilities are subject to the following requirements and shall be evaluated as part of the community development department’s review process. 1. Such facilities shall be architecturally compatible with and textured and colored to match the building or structure to which they are attached.
2. The antenna shall be mounted as flush to the wall as technically possible.
The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet. 3. Panel antennae shall not extend above the building wall or parapet to which they are mounted.
4. Whip antennae shall extend no more than ten (10) feet above the highest
point of the building or structure to which they are attached. G. Standards for roof-mounted CMRS facilities. Roof-mounted CMRS facilities are subject to the following requirements and shall be evaluated as part of community development department’s review process.
1. All roof-mounted CMRS facilities and accessory equipment shall be set back
from the roof or parapet edge so that visibility from the street or adjacent residential properties is minimized to the greatest extent possible. 2. If roof-mounted equipment is visible from the street or adjacent residential properties, CMRS facilities and accessory equipment shall be screened by
materials that are architecturally compatible with and colored to match the
building or structure to which they are attached. 3. No roof-mounted facility, including antenna or accessory equipment, shall exceed twelve (12) feet in height, as measured from the roof deck. 4. Roof-mounted accessory equipment shall not be permitted on a sloped roof,
unless it can be demonstrated that it is not visible from the street or adjacent
residential areas. H. STANDARDS FOR SMALL CELL FACILITIES AND NETWORKS. 1. APPLICABLE REQUIREMENTS. SMALL CELL FACILITIES AND SMALL CELL NETWORKS, SHALL COMPLY IN ALL RESPECTS WITH THE
REQUIREMENTS OF THIS SECTION APPLICABLE TO ALL CMRS FACILITIES, WITH THE FOLLOWING EXCEPTIONS: a. SETBACK REQUIREMENTS; AND b. DESIGN REQUIREMENTS 2. LOCATION. SMALL CELL FACILITIES ARE PERMITTED IN CITY RIGHTS-
OF-WAY, UPON FACILITIES IN THESE RIGHTS-OF-WAY AND ON PUBLIC EASEMENTS OWNED BY THE CITY UNDER THE FOLLOWING PRIORITY: a. FIRST, ON A CITY-OWNED UTILITY POLE, WHICH SHALL BE REMOVED AND REPLACED WITH A POLE DESIGNED TO CONTAIN
ALL ANTENNAE AND EQUIPMENT WITHIN THE POLE TO CONCEAL ANY GROUND-BASED SUPPORT EQUIPMENT AND OWNERSHIP OF WHICH POLE IS CONVEYED TO THE CITY.
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b. SECOND, A CITY-OWNED UTILITY POLE WITH ATTACHMENT OF THE SMALL CALL FACILITIES IN A CONFIGURATION APPROVED BY
THE CITY. c. THIRD, ON A THIRD-PARTY OWNED UTILITY POLE, (WITH THE CONSENT OF THE OWNER THEREOF), WITH ATTACHMENT OF THE SMALL CELL FACILITIES IN A CONFIGURATION APPROVED BY THE CITY.
d. FOURTH, ON A TRAFFIC SIGNAL POLE OR MAST ARM IN A CONFIGURATION APPROVED BY THE CITY, OR IN THE CASE OF A CDOT FACILITY, BY CDOT. e. FIFTH, ON A FREESTANDING OR GROUND-MOUNTED FACILITY WHICH MEETS THE DEFINITION OF AND REQUIREMENTS FOR AN
ALTTERNATIVE TOWER STRUCTURE IN A LOCATION AND CONFIGURATION APPROVED BY THE CITY. 3. HEIGHT. ALL SMALL CELL FACILITIES SHALL NOT EXCEED TWO FEET ABOVE THE LIGHT POLE, TRAFFIC SIGNAL OR OTHER FACILITY OR
STRUCTURE TO WHICH THEY ARE ATTACHED, OR THE MAXIMUM HEIGHT IN THE RELEVANT ZONE DISTRICT, WHICHEVER IS LESS. WHEN NEW UTILITY POLES ARE PROPOSED AS AN ALTERNATIVE TOWER, THEIR HEIGHT SHALL BE SIMILAR TO EXISTING UTILITY/LIGHT POLES IN THE VICINITY.
4. SPACING. NO SMALL CELL FACILITY SHALL BE LOCATED WITHIN ONE THOUSAND FEET (1000 FT) OF ANY OTHER SUCH FACILITY. 5. DESIGN. SMALL CELL FACILITIES SHALL BE DESIGNED TO BLEND WITH AND BE CAMOUFLAGED IN RELATION TO THE STRUCTURE UPON WHICH THEY ARE LOCATED (E.G.: PAINTED TO MATCH THE
STRUCTURE OR SAME MATERIAL AND COLOR AS ADJACENT UTILITY POLES). 6. PERMITTING. SMALL CELL FACILITIES AND NETWORKS SHALL MAKE APPLICATION FOR A PERMIT FOR WORK IN THE RIGHT-OF-WAY UNDER CODE SECTION 21-11, ET. SEQ., AND FOR LOCATION AND
MAINTENANCE OF SUCH FACILITY SHALL MAKE APPLICATION FOR A PERMIT FOR USE OF THE PUBLIC RIGHT OF WAY UNDER CODE SECTION 21-101, ET SEQ. SMALL CELL FACILITIES AND NETWORKS SHALL MAKE APPLICATION FOR LOCATION ON PRIVATE PROPERTY THROUGH THE BUILDING PERMIT PROCESS. THE CITY MAY ACCEPT
APPLICATIONS FOR A SMALL CELL NETWORK, PROVIDED EACH SMALL CELL FACILITY SHALL BE SEPARATELY REVIEWED. 7. INDEMNIFICATION. THE OPERATOR OF A SMALL CELL FACILITY WHICH IS PERMITTED TO LOCATE ON A CITY-OWNED UTILITY POLE, TRAFFIC SIGNAL OR OTHER STRUCTURE OWNED BY THE CITY
SHALL, AS A CONDITION OF PERMIT APPROVAL, INDEMNIFY THE CITY FROM AND AGAINST ALL LIABILITY AND CLAIMS ARISING AS A RESULT OF THAT ATTACHMENT, INCLUDING REPAIR AND
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REPLACEMENT OF DAMAGED POLES AND EQUIPMENT, IN A FORM APPROVED BY THE CITY ATTORNEY.
8. BONDING. ALL PERMITS FOR LOCATION OF SMALL CELL FACILITIES ON REAL PROPERTY NOT OWNED BY THE SMALL CELL PERMITTEE SHALL INCLUDE AS A CONDITION OF APPROVAL A BOND, IN FORM APPROVED BY THE CITY ATTORNEY, TO GUARANTEE PAYMENT FOR ANY DAMAGES TO THE REAL PROPERTY AND REMOVAL OF THE
FACILITY UPON ITS ABANDONMENT. 9. PERMIT EXPIRATION. A PERMIT FOR A SMALL CELL FACILITY SHALL EXPIRE NINE (9) MONTHS AFTER APPROVAL UNLESS CONSTRUCTION OF THE PERMITTED STRUCTURE HAS BEEN INITIATED.
I. Standards for ground-mounted accessory equipment. Ground-mounted accessory equipment that is associated with a freestanding, roof-mounted or building-mounted CMRS facility are subject to the following requirements and shall be evaluated with the associated CMRS facility application.
1. Ground-mounted accessory equipment shall be subject to the accessory
structure setback requirements in the underlying zone district. 2. Ground-mounted accessory equipment or buildings containing accessory equipment shall not exceed 12 feet in height. 3. Ground-mounted accessory equipment not fully enclosed in a building shall
be fully screened from adjacent residential properties and public rights-of-
way. 4. Buildings containing ground-mounted accessory equipment shall be architecturally compatible with the existing structures on the property and character of the neighborhood.
J. Definitions.
1. Alternative Tower CMRS facility. An existing or proposed structure that is compatible with the natural setting and surrounding structures and that
camouflages or conceals the presence of the antennae and can be used to
house or mount CMRS antenna. Examples include manmade trees, clock towers, bell steeples, light poles, silos, existing utility poles, existing utility transmission towers and other similar alternative designed structures.
2. Tower. Any freestanding structure designed and constructed primarily for the
purpose of supporting one (1) or more Federal Communications Commission-licensed or authorized antennae, including self-supporting lattice towers, guy towers and monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and
other similar structures. The term also includes any antenna or antenna array
attached to the tower structure.
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3. Substantially Change. A modification which substantially changes the physical dimensions of an eligible support structure if it meets any of the
following criteria, including a single change or a series of changes over time
whether made by a single owner or operator or different owners/operators over time, when viewed against the initial approval for the support structure. The following are considered substantial changes: a. For towers other than towers in the public rights-of-way, it increases
the height of the tower by more than 10% or by the height of one
additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
b. For towers other than towers in the public rights-of-way, it involves
adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would
protrude from the edge of the structure by more than six feet; c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four cabinets; or, for towers in the public rights-
of-way and base stations, it involves installation of any new equipment
cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
d. It entails any excavation or deployment outside the current site
e. It would defeat the concealment elements of the eligible support structure; or f. It does not comply with conditions associated with the original siting approval for the construction or modification of the eligible support
structure or base station equipment, provided however that this
limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs a through e of this definition.
Section 2. The following definitions are hereby deleted from Section 26-123 and
inserted within Section 26-615 under a new paragraph I:
Building or structure-mounted commercial mobile radio service facility. A CMRS facility in which antenna are mounted to an existing structure (e.g., water tower, light pole,
steeple, etc.) or building face.
CDOT COLORADO DEPARTMENT OF TRANSPORTATION.
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Commercial mobile radio service (CMRS) accessory building or cabinet. An unmanned building or cabinet used to house equipment associated with a CMRS facility.
Commercial mobile radio service (CMRS) site. An unmanned facility consisting of equipment for the reception, switching and transmission of wireless telecommunications, including, but not limited to, personal communications service (PCS), enhanced specialized mobile radio (ESMR), paging, cellular telephone and
similar technologies.
Freestanding commercial mobile radio service (CMRS) facility. A CMRS facility that consists of a stand-alone support facility (monopole and/or lattice structure), antenna, associated equipment, accessory buildings and equipment cabinets.
Roof-mounted commercial mobile radio service (CMRS) facility. A CMRS facility in which antenna are mounted on an existing building roof. SMALL CELL CMRS FACILITY MEANS EITHER:
1. A PERSONAL WIRELESS SERVICE FACILITY AS DEFINED BY THE FEDERAL TELECOMMUNICATIONS ACT OF 1996,” AS AMENDED AS OF AUGUST 6, 2014; OR 2. A WIRELESS SERVICE FACILITY THAT MEETS BOTH OF THE FOLLOWING QUALIFICATIONS:
a. EACH ANTENNA IS LOCATED INSIDE AN ENCLOSURE OF NO MORE THAN THREE CUBIC FEET IN VOLUME OR, IN THE CASE OF AN ANTENNA THAT HAS EXPOSED ELEMENTS, THE ANTENNA AND ALL OF ITS EXPOSED ELEMENTS COULD FIT WITHIN AN IMAGINARY ENCLOSURE OF NO MORE THAN THREE CUBIC FEET;
AND b. PRIMARY EQUIPMENT ENCLOSURES ARE NOT LARGER THAN SEVENTEEN CUBIC FEET IN VOLUME. THE FOLLOWING ASSOCIATED EQUIPMENT MAY BE LOCATED OUTSIDE OF THE PRIMARY EQUIPMENT ENCLOSURE AND, IF SO LOCATED, IS NOT
INCLUDED IN THE CALCULATION OF EQUIPMENT VOLUME: ELECTRIC METER, CONCEALMENT, TELECOMMUNICATIONS DEMARCATION BOX, GROUND-BASED ENCLOSURES, BACK-UP POWER SYSTEMS, GROUNDING EQUIPMENT, POWER TRANSFER SWITCH, AND CUT-OFF SWITCH.
SMALL CELL CMRS NETWORK. A COLLECTION OF INTERRELATED SMALL CELL FACILITIES DESIGNED TO DELIVER WIRELESS SERVICE.
Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this 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.
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Section 4. Effective Date. This Ordinance shall take effect upon adoption and signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this ___ day of _____________, 2017, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on
final passage set for ____________________, 2017 at 7:00 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 ______________, 2017.
SIGNED by the Mayor on this _____ day of ____________, 2017. _________________________
Joyce Jay, Mayor
ATTEST:
_________________________
Janelle Shaver, City Clerk Approved as to Form
_________________________ Gerald E. Dahl, City Attorney
First Publication:
Second Publication: Wheat Ridge Transcript Effective Date:
Published:
Wheat Ridge Transcript and www.ci.wheatridge.co.us
HOUSE BILL 17-1193
BY REPRESENTATIVE(S) Kraft-Tharp and Becker J., Arndt, Becker K.,
Danielson, Ginal, Hansen, Hooton, Kennedy, McKean, Melton, Pabon,
Van Winkle, Gray, Lontine, Wilson, Duran;
also SENATOR(S) Tate and Kerr, Crowder, Donovan, Fields, Garcia,
Guzman, Hill, Holbert, Jahn, Kefalas, Lundberg, Marble,
Martinez Humenik, Merrifield, Neville T., Priola, Scott, Todd,
Williams A., Zenzinger, Grantham.
CONCERNING THE INSTALLATION OF SMALL WIRELESS SERVICE
INFRASTRUCTURE WITHIN A LOCAL GOVERNMENT'S JURISDICTION,
AND, IN CONNECTION THEREWITH, CLARIFYJNG THAT AN EXPEDITED
PERMITIING PROCESS APPLIES TO SMALL CELL FACILITIES AND SMALL
CELL NETWORKS AND THAT THE RIGHTS-OF-WAY ACCESS AFFORDED
TELECOMMUNICATIONS PROVIDERS EXTENDS TO BROADBAND
PROVIDERS AND TO SMALL CELL FACILITIES AND SMALL CELL
NETWORKS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 29-27-401, add (2) as
follows:
29-27-401. Legislative declaration. (2) THEGENERAL ASSEMBLY
Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.
Attachment 2
FURTHER FINDS AND DECLARES THAT:
(a)SMALL CELL FACILITIES OFTEN MAY BE DEPLOYED MOST
EFFECTIVELY IN THE PUBLIC RIGHTS-OF-WAY; AND
(b) ACCESS TO LOCAL GOVERNMENT STRUCTURES IS ESSENTIAL TO
THE CONSTRUCTION AND MAINTENANCE OF WIRELESS SERVICE FACILITIES
OR BROADBAND FACILITIES.
SECTION 2. In Colorado Revised Statutes, 29-27-402, amend (1 ),
(4), and (7); and add (1.5), (3.5), and (6.5) as follows:
29-27-402. Definitions. As used in this part 4, unless the context
otherwise requires:
( 1)"Broadband facility" means any h1fi. ast:I uctu1 e used to deliver
b1oadband senice or fOI the provision ofbroadbat1d service. "ANTENNA"
MEANS COMMUNICATIONS EQUIPMENT THAT TRANSWTS OR RECEIVES
ELECTROMAGNETIC RADIO FREQUENCY SIGNALS USED TO PROVIDE WIRELESS
SERVICE.
(1.5) "BROADBAND FACILITY" MEANS ANY INFRASTRUCTURE USED
TO DELIVER BROADBAND SERVICE OR FOR THE PROVISION OF BROADBAND
SERVICE.
(3.5) 11MICRO WIRELESS FACILITY" MEANS A SMALL WIRELESS
FACILITY TI-IA TIS NO LARGER IN DIMENSIONS TI-IAN TWENTY-FOUR INCHES
IN LENGTH, FIFTEEN INCHES IN WIDTH, AND TWELVE INCHES IN HEIGHT AND
THAT HAS AN EXTERIOR ANTENNA, IF ANY, TI-IA TIS NO MORE THAN ELEVEN
INCHES IN LENGTH.
(4)(a) "Small cell facility" means either:
ta} (I) A personal wireless service facility as defined by the federal
"Telecommunications Act of 1996", as amended as of August 6, 2014; or
th] (II) A wireless service facility that meets both of the following
qualifications:
ffl (A) Each antenna is located inside an enclosure of no more than
PAGE2-HOUSEB1LL 17-1193
three cubic feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all of its exposed elements could fit within an
imaginary enclosure of no more than three cubic feet; and
tff7 (B) Primary equipment enclosures are no larger than seventeen
cubic feet in volume. The following associated equipment may be located
outside of the primary equipment enclosure and, if so located, is not
included in the calculation of equipment volume: Electric meter,
concealment, telecommunications demarcation box, ground-based
enclosures, back-up power systems, grounding equipment, power transfer
switch, and cut-off switch.
(b)"SMALL CELL FACILITY" INCLUDES A MICRO WIRELESS FACILITY.
(6.5) "TOWER" MEANS ANY STRUCTURE BUILT FOR THE SOLE OR
PRIMARY PURPOSE OF SUPPORTING ANTENNAS LICENSED OR AUTHORIZED BY
THE FEDERAL COMMUNICATIONS COMMISSION AND THE ANTENNAS'
ASSOCIATED FACILITIES, INCLUDING STRUCTURES THAT ARE CONSTRUCTED
FOR WIRELESS COMMUNICATIONS SERVICES INCLUDING PRIVATE,
BROADCAST, AND PUBLIC SAFETY SERVICES; UNLICENSED WIRELESS
SERVICES; FIXED WIRELESS SERVICES SUCH AS BACKHAUL; AND THE
ASSOCIATED SITE.
(7)"Wireless service facility" means a facility for the provision of
wireless services; EXCEPT THAT "WIRELESS SERVICE FACILITY" DOES NOT
INCLUDE COAXIAL OR FIBER-OPTIC CABLE TIIA T IS NOT IMMEDIATELY
ADJACENT TO, OR DIRECTLY AS SOCIA TED WITH, A PARTICULAR ANTENNA.
SECTION 3. In Colorado Revised Statutes, 29-27-403, amend (1)
and (3) as follows:
29-27-403. Permit-approval-deadline-exception. {l) A local
government may take up to:
(a)NINETY DAYS TO PROCESS A COMPLETE APPLICATION FOR:
(I)LOCATION OR COLLOCATION OF A SMALL CELL FACILITY OR A
SMA.LL CELL NETWORK;OR
(II)REPLACEMENT OR MODIFICATION OF A SMALL CELL FACILITY OR
PAGE 3-HOUSE BILL 17-1193
FACILITIES OR SMALL CELL NETWORK.
ta} (b) Ninety days to process a complete application that involves
a collocation of a tower, building, structure, or replacement structure
01HER TI-IAN A SMALL CELL FACILITY OR SMALL CELL NETWORK; or
fl,:) ( c) One hundred fifty days to process a complete application that
involves a new structure or a new wireless service facility, OTHER THAN A
SMALL CELL FACILITY OR SMALL CELL NETWORK AND other than a
collocation.
(3)An applicant and a local government ENTITY may mutually
agree that an application may be processed in a longer period than set forth
in subsection (1) of this section.
SECTION 4. In Colorado Revised Statutes, 29-27-404, amend (1)
and (2) introductory portion; and add (3) as follows:
29-27-404. Permit process. (1) (a) For small cell networks
involving multiple individual small cell facilities within the jurisdiction of
a single local government ENTITY, the local government ENTITY shall allow
the applicant, at the applicant's discretion, to file a consolidated application
and receive a single permit for the small cell network instead of filing
separate applications for each individual small cell facility.
(b)FOR A CONSOLIDATED APPLICATION FILED PURSUANT TO
SUBSECTION (l)(a) OF THIS SECTION, EACH SMALL CELL FACILITY WITHIN
THE CONSOLIDATED APPLICATION REMAINS SUBJECT TO REVIEW FOR
COMPLIANCE WITH OBJECTIVE REQUIREMENTS AND APPROV ALAS PROVIDED
INTHISARTICLE27. THELOCALGOVERNMENT'S DENIALOF ANY INDIVIDUAL
SMALL CELL FACILITY IS NOT A BASIS TO DENY 1HE CONSOLIDATED
APPLICATION AS A WHOLE OR ANY OTHER SMALL CELL FACILITY
INCORPORATED WITHIN THE CONSOLIDATED APPLICATION.
(2)If a wireless service provider applies to LOCATE OR collocate
several wireless service facilities within the jurisdiction of a single local
government ENTITY, the local government ENTITY shall:
(3)THE SITING, MOUNTING, PLACEMENT, CONSTRUCTION, AND
OPERATION OF A SMALL CELL FACILITY OR A SMALL CELL NETWORK IS A
PAGE 4-HOUSE BILL 17-1193
PERMITTED USE BY RIGHT IN ANY ZONE.
SECTION 5. In Colorado Revised Statutes, amend 38-5.5-102 as
foI1ows:
38-5.5-102. Definitions. As used in this ruticle ARTICLE 5.5, unless
the context otherwise requires:
(I)"Broadband" or "broadband service" has the same meaning as
set forth in 7 U.S.C. sec. 950bb (b)(l) as of August 6, 2014, and includes
"cable service", as defined in 47 U.S.C. sec. 522 (6) as of August 6, 2014.
tt:z1 (2) "Broadband facility" means any infrastructure used to
deliver broadband service or for the provision of broadband service.
tf:-37 (3) "Broadband provider" means a person that provides
broadband service, and includes a "cable operator", as defined in 4 7 U.S.C.
sec. 522 (5) as of August 6, 2014.
(4)"COLLOCATION" HAS THE SAME MEANING AS SET FORTH IN
SECTION 29-27-402 (3).
Er.'77 (5) "Political subdivision" OR "LOCAL GOVERNMENT ENTITY"
means a county; city and county; city; town; service authority; school
district; local improvement district; law enforcement authority; water,
sanitation, fire protection, metropolitan, irrigation, drainage, or other
special district; or any other kind of municipal, quasi-municipal, or public
corporation organized pursuant to law.
ffl (6) "Public highway" or "highway" for purposes of this aiticle
ARTICLE 5.5 includes all roads, streets, and alleys and all other dedicated
rights-of-way and utility easements of the state or any of its political
subdivisions, whether located within the boundaries of a political
subdivision or otherwise.
(7)"SMALL CELL FACILITY" HAS THE SAME MEANING AS SET FORTH
IN SECTION 29-27-402 (4).
(8)"SMALL CELL NETWORK" HAS THE SAME MEANING AS SET FORTH
IN SECTION 29-27-402 (5).
PAGE 5-HOUSEBILL 17-1193
f.37 (9) "Telecommunications provider" OI "piovide111 means a
person that provides telecommunications service, as defined in section
40-15-102 (29), C.R.S., with the exception of cable services as defined by
section 602 (5) of the federal "Cable Communications Policy Act of1984",
4 7 U.S.C. sec. 522 (6), pursuant to authority granted by the public utilities
commission of this state or by the federal communications commission.
"Telecommunications provider" or "p1ovider" does not mean a person or
business using antennas, support towers, equipment, and buildings used to
transmit high power over-the-air broadcast of AM and FM radio, VHF and
UHF television, and advanced television services, including high definition
television. The term "telecommunications provider" is synonymous with
"telecommunication provider".
SECTION 6. In Colorado Revised Statutes, amend 38-5.5-103 as
follows:
38-5.5-103. Use of public highways-discrimination prohibited
-content regulation prohibited. (1) (a) Any domestic or foreign
telecommunications provider or broadband provider authorized to do
business under the laws of this state shall have HAS the right to construct,
maintain, and operate conduit, cable, switches, and related appurtenances
and facilities, AND COMMUNICATIONS AND BROADBAND FACILITIES,
INCLUDING SMALL CELL FACILITIES AND SMALL CELL NETWORKS, along,
across, upon, ABOVE, and under any public highway in this state, subject to
thep1ovisions of this articleARTICLE5.5 and of article 1.5 of title 9. C.R.S.,
and
(b)The construction, maintenance, operation, and regulation of
snch TIIE facilities DESCRIBED IN SUBSECTION (l)(a) OF TilIS SECTION,
including the right to occupy and utilize the public rights-of-way, by
telecommunications providers and broadband providers are hereby declared
to-be matters of statewide concern. Sttch THE facilities shall be so
constructed and maintained so as not to obstruct or hinder the usual travel
on sneh A highway.
(2)No A political subdivision shall NOT discriminate among or
grant a preference to competing telecommunications providers OR
BROADBAND PROVIDERS in the issuance of permits or the passage of any
ordinance for the use of its rights-of-way, nor create or erect any
unreasonable requirements for entry to the rights-of-way for sneh TIIE
PAGE 6-HOUSE BILL 17-1193
providers.
(3)No A political subdivision shall NOT regulate A
telecommunications p1ovide1s PROVIDER OR A BROADBAND PROVIDER
based upon the content or type of signals that are carried or capable of
being carried over the provider's facilities; except that nothing in this
subsection (3) shall be const1tted to prevent snch PREVENTS regulation by
a political subdivision when the authority to so regulate has been granted
to the political subdivision under federal law.
SECTION 7. In Colorado Revised Statutes, amend 38-5.5-104 as
follows:
38-5.5-104. Right-of-way across state land. Any domestic or
foreign telecommunications provider OR BROADBAND PROVIDER authorized
to do business under the laws of this state shail have HAS the right to
construct, maintain, and operate lines of communication, switches, and
related facilities, AND COMMUNICATIONS AND BROADBAND FACILITIES,
INCLUDING SMALL CELLFACILITIESANDSMALLCELLNETWORKS, and obtain
A permanent right-of-way thc1efo1 FOR THE FACILITIES over, upon, under,
and across all public lands owned by or under the control of the state, upon
the payment of such just compensation and upon compliance with such
reasonable conditions as may be reqtti:tcd b:y the state board of land
commissioners MAY REQUIRE.
SECTION 8. In Colorado Revised Statutes, add 38-5.5-104.5 as
follows:
38-5.5-104.5. Use of local government entity structures.
(1)EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION AND SUBJECT
TO THE REQUIREMENTS AND LIMITATIONS OF THIS ARTICLE 5.5, SECTIONS
29-27-403 AND 29-27-404, AND A LOCAL GOVERNMENT ENTITY'S POLICE
POWERS, A TELECO:MMUNICA TIONS PROVIDER ORA BROADBAND PROVIDER
HAS THE RIGHT TO LOCATE OR COLLOCATE SMALL CELL FACILITIES OR
SMALL CELL NETWORKS ON THE LIGHT POLES, LIGHT STANDARDS, TRAFFIC
SIGNALS, OR UTILITY POLES IN THE RIGHTS-OF-WAY OWNED BY THE LOCAL
GOVERNMENT ENTITY; EXCEPT THAT, A SMALL CELL FACILITY OR A SMALL
CELL NETWORK SHALL NOT BE LOCATED OR MOUNTED ON ANY APPARATUS,
POLE, OR SIGNAL WITH TOLLING COLLECTION OR ENFORCEMENTEQUIPMENT
ATTACHED.
PAGE 7-HOUSE BILL 17-1193
(2)IF, AT ANY TIME, THE CONSTRUCTION, INSTALLATION,
OPERATION, OR MAINTENANCE OF A SMALL CELL FACILITY ON A LOCAL
GOVERNMENTENTITY'SLIGHTPOLE,LIGHTSTANDARD, TRAFFIC SIGNAL,OR
UTILITY POLE FAILS TO COMPLY WITH APPLICABLE LAW, THE LOCAL
GOVERNMENT ENTITY, BY PROVIDING TIIE TELECOMMUNICATIONS PROVIDER
OR THE BROADBAND PROVIDER NOTICE AND A REASONABLE OPPORTUNITY
TO CURE THE NONCOMPLIANCE, MAY:
(a)CAUSE TIIE ATTACHMENT ON THE AFFECTED STRUCTURE TO BE
REMOVED; AND
{b) PROHIBIT FUTURE, NONCOMPLIANT USE OF THE LIGHT POLE,
LIGHT STANDARD, TRAFFIC SIGNAL, OR UTILITY POLE.
(3)(a) EXCEPT AS PROVIDED IN SUBSECTIONS (3)(b) AND (3)(c) OF
THIS SECTION, A LOCAL GOVERNMENT ENTITY SHALL NOT IMPOSE ANY FEE
OR REQUIRE ANY APPLICATION OR PERMIT FOR TIIE INSTALLATION,
PLACEMENT, OPERATION, MAINTENANCE, OR REPLACEMENT OF MICRO
WIRELESS FACILITIES THAT ARE SUSPENDED ON CABLE OPERATOR-OWNED
CABLES OR LINES THAT ARE STRUNG BETWEEN EXISTING UTILITY POLES IN
COMPLIANCE WITH NATIONAL SAFETY CODES.
{b) A LOCAL GOVERNMENT ENTITY WITH A MUNICIPAL OR COUNTY
CODE THAT REQUIRES AN APPLICATION OR PERMIT FOR TIIE INSTALLATION
OF MICRO WIRELESS FACILITIES MAY, BUT IS NOT REQUIRED TO, CONTINUE
THEAPPLICATIONOR PERMITREQUIREMENT SUBSEQUENTTO THEEFFECTIVE
DATE OF THIS SECTION.
( c)A LOCAL GOVERNMENT ENTITY MAY REQUIRE A SINGLE-USE
RIGHT-OF-WAY PERMIT IF THE INSTALLATION, PLACEMENT, OPERATION,
MAINTENANCE, OR REPLACEMENT OF MICRO WIRELESS FACILITIES:
(I)INYOL YES WORKING WITHIN A HIGHWAY TRAVEL LANE OR
REQUIRES THE CLOSURE OF A IIlGHWAY TRAVEL LANE;
{II) DISTURBS THE PA VEMENTOR A SHOULDER,ROADWAY,ORDITCH
LINE;
(Ill) INCLUDES PLACEMENT ON LIMITED ACCESS RIGHTS-OF-WAY; OR
PAGE 8-HOUSE BILL 17-1193
{IV) REQUIRES ANY SPECIFIC PRECAUTIONS TO ENSURE THE SAFETY
OF THE TRAVELING PUBLIC; THE PROTECTION OF PUBLIC fNFRASTRUCTURE;
OR THE OPERATION OF PUBLIC INFRASTRUCTURE; AND SUCH ACTIVITIES
EITHER WERE NOT AUTHORIZED IN, OR WILL BE CONDUCTED IN A TIME,
PLACE, OR MANNER THAT IS INCONSISTENT WITH, THE APPROVAL TERMS OF
THE EXISTING PERMIT FOR THE FACILITY OR STRUCTURE UPON WHICH THE
MICRO WIRELESS FACILITY IS ATTACHED.
SECTION 9. In Colorado Revised Statutes, amend 38-5.5-105 as
follows:
38-5.5-105. Power of companies to contract. Any domestic or
foreign telecommunications provider shall ha1v e OR BROADBAND PROVIDER
HAS THE power to contract with any person 01 INDIVIDUAL; corporation; OR
the owner of any lands, or any franchise, easement, or interest therein over
or under which the provider's conduits; cable; switches; and
COMMUNICATIONS OR BROADBAND FACILITIES, INCLUDING SMALL CELL
FACILITIES AND SMALL CELL NETWORKS; OR related appurtenances and
facilities are proposed to be laid or created for the right-of-way for the
construction, maintenance, and operation of SttCh THE facilities and OR for
the erection, maintenance, occupation, and operation of offices at suitable
distances for the public accommodation.
SECTION 10. In Colorado Revised Statutes, amend 38-5.5-106
as follows:
38-5.5-106. Consent necessary for use of streets. (1) (a) Nothing
in This atticle shall be constroed to ARTICLE 5.5 DOES NOT authorize any
telecommunications provider OR BROADBAND PROVIDER to erect, WITHIN
A POLITICAL SUBDIVISION, any poles or construct any COMMUNICATIONS OR
BROADBAND FACILITIES, INCLUDING SMALL CELL FACILITIES AND SMALL
CELL NETWORKS; conduit; cable; switch; or related appurtenances and
facilities along, through, in, upon, under, or over any public highway
withh1 a political snbdivision without first obtaining the consent of the
authorities having power to give the consent of snch THE political
subdivision.
(b) A telecommunications provider OR BROADBAND PROVIDER that,
on or before Apxil 12, 1996 JULY l, 2017, either has obtained consent of
the political subdivision having power to give SttCh consent or is lawfully
PAGE 9-HOUSE BILL 17-1193
occupying a public highway in a political subdivision shal-l NEED not be
requited to apply for additional or continued consent of sneh THE political
subdivision under this section.
(c)NOTWITHSTANDINGANYOTHERPROVISIONOFLAW,APOLITICAL
SUBDIVISION'S CONSENT GIVEN TO A TELECOMMUNICATIONS PROVIDER OR
A BROADBAND PROVIDER TO ERECT OR CONSTRUCT ANY POLES, OR TO
LOCATE OR COLLOCATE COMMUNICATIONS AND BROADBAND FACILITIES ON
VERTICAL STRUCTURES IN A RIGHT-OF-WAY, DOES NOT EXTEND TO THE
LOCATION OF NEW FACILITIES OR TO THE ERECTION OR CONSTRUCTION OF
NEW POLES IN A RIGHT-OF-WAY NO T SPECIFICALLY REFERENCED IN THE
GRANT OF CONSENT.
(2)(a) THE consent OF A POLIT ICAL SUBDIVISION for the use of a
public highway within a political sobdhiision ITS JURISDICTION shall be
based upon a lawful exercise of the ITS police power of sueh political
subdivision and shall not be unreasonably withheld. nor
(b)A POLITICAL SUBDIVISION shall NOT CREA TE any preference or
disadvantage be created through the granting or withholding of such ITS
consent. A POLITICAL SUBDIVISION'S DECISION THAT A VERTICAL
STRUCTURE IN THE RIGHT-OF-WAY, INCLUDING A VERTICAL STRUCTURE
OWNED BY A MUNICIPALITY, LACKS SPACE OR LOAD CAPACITY FOR
COMMUNICATIONS OR BROADBAND FACILITIES, OR THAT THE NUMBER OF
ADDITIONAL VERTICAL STRUCTURES IN THE RIGHTS-OF-WAY SHOULD BE
REASONABLY LIMITED, CONSISTENT WITH PROTECTION OF PUBLIC HEAL TH,
SAFETY, AND WELFARE, DOES NOT CREATE A PREFERENCE FOR OR
DISADVANTAGE ANY TELECOMMUNICATIONS PROVIDER OR BROADBAND
PROVIDER, PROVIDED THAT SUCH DECISION DOES NOT HA VE THE EFFECT OF
PROHIBITING A PROVIDER'S ABILITY TO PROVIDE SERVICE WITHIN THE
SERVICE AREA OF THE PROPOSED FACILITY.
SECTION 11. In Colorado Revised Statutes, 38-5.5-107, amend
(7)as follows:
38-5.5-107. Permissible taxes, fees, and charges. (7) As used in
this section, "public highway" or "highway" as otherwise defined in section
38-5.5-102 tz, (6) does not include excess and remainder rights-of-way
under the department of transportation's jurisdiction.
PAGE IO-HOUSE BILL 17-1193
SECTION 12. In Colorado Revised Statutes, amend 38-5.5-108
as follows:
38-5.5-108. Pole attachment agreements -limitations onrequired payments. (1) No NEITHERA LOCALGOVERNMENTENTITYNOR
A municipally owned utility shall request or receive from a
telecommunications provider, BROADBAND PROVIDER, ora cable television
provider, as defined in section 602 (5) of the federal "Cable
Communications Policy Act of 19 84 ", in exchange for permission to attach
SMALL CELL FACILITIES, BROADBAND DEVICES, OR telecommunications
devices to poles OR STRUCTURES IN A RIGHT-OF-WAY, any payment in
excess of the amount that would be authorized if the LOCAL GOVERNMENT
ENTITY OR municipally owned utility were regulated pursuant to 47 U.S.C.
sec. 224, as amended.
(2)No A municipality shall NOT request or receive from a
telecommunications provider ORA BROADBAND PROVIDER, in exchange for
or as a condition upon a grant of permission to attach telecommunications
OR BROADBAND devices to poles, any in-kind payment.
SECTION 13. Effective date -applicability. This act takes effect
July 1, 2017, and applies to permit applications received on or after said
date.
SECTION 14. Safety clause. The general assembly hereby finds,
PAGE I I-HOUSE BILL 17-1193
ITEM NO:
DATE: May 22, 2017
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 16-2017 – A RESOLUTION OF THE WHEAT RIDGE CITY COUNCIL RECOGNIZING AND SUPPORTING THE MISSION OF THE WHEAT RIDGE ENVIRONMENTAL SUSTAINABILITY COMMITTEE
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _____________________________
City Manager
ISSUE: Mayor Jay appointed eleven residents to the Wheat Ridge Environmental Sustainability Committee (WRESC) on May 8, 2017, for a limited one-year term. The purpose of WRESC is to
involve the community in recommending and prioritizing environmental sustainability goals for
the City of Wheat Ridge municipal operations and other community-wide sustainability efforts. The committee will provide recommendations on effective environmental programs and policies to the City Council and will serve as a forum for the community to offer input concerning environmental sustainability within the following six topic areas:
• Green Building
• Education & Communication
• Energy Efficiency & Renewable Energy
• Solid Waste & Recycling
• Transportation
• Water
Council Action Form – Environmental Sustainability
May 22, 2017
Page 2 FINANCIAL IMPACT: Limited funding will be provided initially for meeting facilitation services and other incidental
expenses. The Mayor and Mayor Pro Tem will each contribute $1,000 for meeting expenses from their community outreach funds. The Committee will report back to City Council after three months if additional resources are needed. All recommendations from WRESC will be reviewed by the Mayor and City Council to determine the feasibility of implementing and
funding such recommendations.
BACKGROUND: On March 20, 2017, Mayor Joyce Jay and Mayor Pro Tem George Pond presented the concept of appointing a citizen environmental sustainability committee as a way to involve the citizens in
community-wide sustainability efforts. The primary mission of the committee is as follows:
• Evaluating current City of Wheat Ridge sustainability practices and policies and creating
metrics to track progress
• Providing advice, support, and guidance to the Mayor and City Council regarding
sustainability, climate change, and environmental management issues
• Involving the community through engagement, outreach, and advocacy; supporting
education, awareness, and stewardship
• Assisting the City and the community in identifying, adopting, developing and implementing
plans, programs, policies, strategies, and action
City Council expressed support for formation of WRESC. Staff initiated an application process
seeking nine committee members with environmental knowledge and/or interest, with the aim of achieving a combination of experts and non-experts, reflecting the diversity of the community. Twenty-one applications were received – eight from Council District 1; five from Council District 2; six from Council District 3 and two from Council District 4.
The applications were reviewed by the Mayor and Mayor Pro Tem. The Mayor choose to expand the committee from nine to eleven members due to the number of quality applications received and to ensure that a diversity of backgrounds, education, experience, perspectives and Council Districts are represented on the committee. RECOMMENDATIONS: None RECOMMENDED MOTION: “I move to approve Resolution No. 16-2017, a resolution of the Wheat Ridge City Council
recognizing and supporting the mission of the Wheat Ridge Environmental Sustainability Committee.” Or
Council Action Form – Environmental Sustainability
May 22, 2017
Page 3 “I move to postpone indefinitely Resolution No. 16-2017, a resolution of the Wheat Ridge
City Council recognizing and supporting the mission of the Wheat Ridge Environmental
Sustainability Committee for the following reason(s) ___________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager
ATTACHMENT: 1. Resolution No. 16-2017
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION 16 Series of 2017 TITLE: A RESOLUTION OF THE WHEAT RIDGE CITY COUNCIL RECOGNIZING AND SUPPORTING THE MISSION OF THE WHEAT RIDGE ENVIRONMENTAL SUSTAINABILITY COMMITTEE WHEREAS, ensuring the public safety and quality of life for the future of Wheat Ridge residents requires a strong commitment from City government, residents and business to support environmentally sustainable measures; and
WHEREAS, the available scientific evidence suggests the existence of serious and escalating threats to our environment as a result of a continuous increase in the emission of greenhouse gas, whether natural or man-made; and WHEREAS, in response to many requests by Wheat Ridge citizens, Mayor Jay appointed eleven Wheat Ridge residents to the Wheat Ridge Environmental Sustainability Committee (WRESC) on May 8, 2017, for a limited one-year term; and
WHEREAS, the purpose of WRESC is to involve the community in recommending and prioritizing environmental sustainability goals for City municipal operations and other community-wide sustainability efforts; and WHEREAS, WRESC will provide recommendations on effective environmental
programs and policies to the City Council and will serve as a forum for the community to offer input concerning environmental sustainability within the following six topic areas:
• Green Building
• Education and Communication
• Energy Efficiency and Renewable Energy
• Solid Waste and Recycling
• Transportation
• Water; and
WHEREAS, the primary mission of WRESC is as follows:
• Evaluating current City of Wheat Ridge sustainability practices and
policies and creating metrics to track progress;
• Providing advice, support, and guidance to the Mayor and City Council
regarding sustainability, climate change, and environmental
management issues;
• Involving the community through engagement, outreach, and advocacy;
supporting education, awareness, and stewardship;
Attachment 1
• Assisting the City and the community in identifying, adopting, developing
and implementing plans, programs, policies, strategies, and action items;
and
WHEREAS, the Mayor and City Council will evaluate all final recommendations
from WRESC to determine feasibility of implementing and funding such recommendations. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The Wheat Ridge City Council recognizes and supports the mission of the Wheat Ridge Environmental Sustainability Committee. DONE AND RESOLVED this 22nd day of May, 2017.
__________________________ Joyce Jay, Mayor ATTEST:
Janelle Shaver, City Clerk