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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. SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT 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 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT April 2017 Supplement (modification for March 22, 2016) | 11 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 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT April 2017 Supplement (modification for March 22, 2016) | 12 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. SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT April 2017 Supplement (modification for March 22, 2016) | 13 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 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT April 2017 Supplement (modification for March 22, 2016) | 14 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. SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT April 2017 Supplement (modification for March 22, 2016) | 15 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 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT 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 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT 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 SCOPE OF WORK: WADSWORTH BLVD. WIDENING (PHASE I) SUPPLEMENT 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. -4- 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; -5- 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. -6- 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. -7- 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 -8- 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. -9- 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. -10- 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. -11- 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