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HomeMy WebLinkAboutCouncil Agenda Packet 12-10-18 AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING December 10, 2018 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 PROCLAMATIONS AND CEREMONIES 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 an Agenda Item, please sign the GENERAL AGENDA ROSTER. c. Citizens who wish to speak on a Public Hearing item, please sign the PUBLIC HEARING ROSTER before the item is called to be heard. d. 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 approve Monthly Payments to Kaiser Permanente for January through December 2019 Membership Billing not to exceed a total of $2,420,526 b. Resolution No. 70-2018 – approving an amended and restated Intergovernmental Agreement to establish the West Metro Drug Task Force c. Resolution No. 71-2018 – approving a Memorandum of Understanding between the City of Wheat Ridge and the United States Secret Service for membership in the Colorado Electronic Crimes Task Force CITY COUNCIL AGENDA: December 10, 2018 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 34-2018 –approving the sale of designated park land at the Intersection of West 38th Avenue and Johnson Street and in connection therewith, authorizing execution of an Agreement for said sale DECISIONS, RESOLUTIONS AND MOTIONS 3. Motion to award a contract and approve subsequent payments to HDR Engineering, Inc., Denver, CO in the amount of $1,344,394.91 for professional services for ROW Acquisition services for the Wadsworth Boulevard Improvement Project 4. Motion to award a contract and approve subsequent payments to HDR, Inc., Denver CO in an amount not to exceed $75,139 for Professional Services for ROW Acquisition Services for Ridge Road 5. Resolution No. 69-2018 – approving an Agreement with the Wheat ridge Sanitation District regarding 29th Avenue Street Improvements 6. Resolution No. 72-2018 – accepting the resignation of Councilmember Monica Duran and thanking her for her contributions to the City of Wheat Ridge 7. Resolution no. 73-2018 – accepting the resignation of City Treasurer Jerry DiTullio and thanking him for his contributions to the City of Wheat Ridge CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT ITEM NO: DATE: December 10, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE MONTHLY PAYMENTS TO KAISER PERMANENTE FOR JANUARY THROUGH DECEMBER 2019 MEMBERSHIP BILLING NOT TO EXCEED A TOTAL OF $2,420,526 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Michael Clasen, HR Manager City Manager ISSUE: For 2019, the City offers employees two medical plans through Kaiser Permanente; a High Deductible plan and Deductible HMO Plan. Both plans are also offered as COBRA protection for former employees who choose to enroll. January through December billing is estimated and budgeted to be in the amount of $2,420,526. PRIOR ACTION: The HR division has been requesting council approval to pay each invoice on a monthly basis which has resulted in late payments to the vendor. FINANCIAL IMPACT: Monthly insurance costs vary depending on the number of employees and dependents enrolled. For 2019 these costs will average around $230,000 per month. The estimated total for January through December 2019 invoices are for both active and COBRA memberships. Due to seeking council approval on a monthly basis Kaiser invoices have not been paid to meet Kaiser’s deadline. We have a contract for 2019 that will be void if we do not pay the invoices by or before the required deadline, we will also accrue late fees which can vary based on how late past the deadline we are. Council Action Form – Kaiser 2019 Membership Billing December 10, 2018 Page 2 The City will be seeing an increase in our monthly cost due to filling approved positions: 15 police department, 3 Parks & Recreation, 2 Public Works, and 1 Courts. There will also be some upcoming retirements for people staying on COBRA and also new hires to fill the vacant positions. BACKGROUND: Kaiser Permanente has been the City of Wheat Ridge’s medical plan provider for several years. The City offers two deductible plans and a robust wellness program. 2018 monthly billing charges are as follows: 2018 KAISER BILLING JAN $195,189.45 FEB $195,376.34 MAR $218,976.12 APR $198,233.22 MAY $179,840.88 JUN $193,409.15 JUL $178,401.34 AUG $191,451.47 SEP $202,189.30 OCT $193,398.76 NOV $205,058.38 DEC $184,418.66 TOTAL $2,335,943.07 RECOMMENDATIONS: Staff recommends that council approve and allow administrative payment of the monthly 2019 Kaiser bills, based on the 2019 annual estimate of cost, not to exceed a total of $2,420,526. RECOMMENDED MOTION: “Motion to approve monthly payments to Kaiser Permanente for January through December 2019 for membership billing not to exceed a total amount of $2,420,526.” Or, “I move to deny monthly payments to Kaiser Permanente for January through December 2019 for membership billing not to exceed a total amount of $2,420,526 for the following reason(s) ________________________________________.” REPORT PREPARED/REVIEWED BY: Christine Jones, HR Technician Michael Clasen, HR Manager Jennifer Nellis, Purchasing & Contract Agent Patrick Goff, City Manager ITEM NO: DATE: December 10, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 70-2018 A RESOLUTION APPROVING AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE WEST METRO DRUG TASK FORCE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: Changes in the way that the Federal Government handles asset forfeiture has required that the funding model for the West Metro Drug Task Force (WMDTF) be reconsidered. A new intergovernmental agreement (IGA) is required between the participating agencies; the Jefferson County Sheriff’s Office, The First Judicial District Attorney’s Office, and the cities of Arvada, Lakewood, Golden and Wheat Ridge outlining the new funding model. PRIOR ACTION: Council approved the original IGA that established the West Metro Drug Task Force in 1995. FINANCIAL IMPACT: There will be no net financial impact. Only the processes used to apply for and receive forfeited assets will change. BACKGROUND Under the old IGA, the task force was funded by participating agencies supplying personnel and operating costs being funded by asset forfeiture. At irregular intervals the task force governing board would authorize a disbursement of surplus asset forfeiture funds to be given to each participating agency by a formula based on the agency participation. The task force acted as the fiscal agent regarding asset forfeiture. Council Action Form - Amended IGA for the West Metro Drug Task Force December 10, 2018 Page 2 Under the new federal rules, a governmental agency must be the fiscal agent which precludes the task force acting as such. The new IGA has the Jefferson County Sheriff’s Office acting as the fiscal agent of the task force to manage the operating costs of the WMDTF. Funds through the equitable sharing program, as well as any state forfeiture assets, will be requested by and delivered to the Sheriff’s Office for these expenses. Once 115% of operating costs have been received in any fiscal year, any additional seizure requests will be made to the United States Marshall’s Service by the member agencies. Once an equitable share has been determined by the Federal Government, assets will be delivered to each individual agency by the formula outlined in the new IGA. At the beginning of the new fiscal year, the process will repeat. RECOMMENDATIONS: Staff recommends that City Council approve an amended and restated intergovernmental agreement to establish the West Metro Drug task Force. RECOMMENDED MOTION: “I move to approve Resolution No. 70-2018, a resolution approving an amended and restated intergovernmental agreement to establish the West Metro Drug Task Force Or, “I move to deny Resolution No. 70-2018, a resolution approving an amended and restated intergovernmental agreement to establish the West Metro Drug Task Force, for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Dave Pickett, Division Chief Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS; 1. Resolution to approve the Amended and Restated IGA 2. Amended and Restated IGA CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 70 Series of 2018 TITLE: A RESOLUTION APPROVING AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE WEST METRO DRUG TASK FORCE WHEREAS, the City of Wheat Ridge, Colorado (the “City), acting through its City Council (“Council”) is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for protection of the public health, safety and welfare; and WHEREAS, C.R.S. § 29-1-203 authorizes Colorado local governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each; and WHEREAS, in 1995, the City and a number of other area jurisdictions with law enforcement and criminal justice authority entered into an intergovernmental agreement establishing the Jefferson County Task Force, to be utilized in the identification, investigation, and prosecution of individuals and groups involved with the trafficking of illegal drugs and associated criminal enterprises; and WHEREAS, the parties to the 1995 intergovernmental agreement now wish to update the same to reflect the evolution of the task force and certain changes in the law that apply to it, including but not limited to laws concerning the use of federal asset forfeiture funds; and WHEREAS, the City Council finds that the City’s continuing participation in an area-wide drug task force protects and promotes the public health, safety and welfare and is therefore beneficial to City residents, businesses, property owners and visitors; and WHEREAS, the City Council therefore desires to approve the proposed updated intergovernmental agreement by resolution, as required by Section 14.2 of the Wheat Ridge Home Rule Charter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The attached amended and restated intergovernmental agreement to establish the West Metro Drug Task Force is hereby approved. DONE AND RESOLVED this ____ day of __________________, 2018. Bud Starker, Mayor ATTACHMENT 1 2 ATTEST: Janelle Shaver, City Clerk AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE WEST METRO DRUG TASK FORCE 11-00123 1 of 9 1.PARTIES. This Amended and Restatement Intergovernmental Agreement to Establish the West Metro Drug Task Force (this “Agreement”) is made between the cities of Arvada, Lakewood, Wheat Ridge, and Golden, the District Attorney for the First Judicial District of Colorado (“District Attorney”), and Jefferson County through and on behalf of the Jefferson County Sheriff (each, a “Party,” and collectively referred to as the “Parties”). 2.RECITALS. 2.1. Intergovernmental agreements to provide functions or services, including the sharing of the costs of such services or functions by political subdivisions of the State of Colorado, are specifically authorized by § 29-1-203, C.R.S. and Article XIV, § 18(2)(a), Colorado Constitution. 2.2. The Parties hereto are each authorized to lawfully provide, establish, maintain, and operate law enforcement and other emergency services. 2.3. Contiguous boundaries often result in more than one law enforcement agency becoming involved in the investigation of criminal enterprises. 2.4. The ability of a Party to respond to criminal enterprises may be limited by its personnel and equipment. 2.5. The Parties desire to establish and implement the West Metro Drug Task Force (hereinafter referred to as “Task Force”) to be utilized in the identification, investigation, and prosecution of individuals and groups involved with the trafficking of illegal drugs and associated criminal enterprises. 2.6. The Parties established, or joined later, the Jefferson County Task Force pursuant to an intergovernmental agreement dated September 20, 1995, as amended (“Original Agreement”), which the Parties wish to replace and supersede with the terms of this Agreement. 2.7. Establishment of this Agreement promotes a public purpose and the safety, security, and general welfare of the inhabitants of Jefferson County. 3.PREVIOUS AGREEMENT. The Parties agree that the terms and conditions of the Original Agreement are superseded in their entirety by this Agreement, and the terms of the Original Agreement shall cease to apply to the Task Force. 4.TASK FORCE. 4.1. This Agreement is to facilitate cooperation between the Parties in the provision of the services provided herein but does not establish a separate legal entity to do so. The Parties enter into this Agreement as separate, independent governmental entities and shall maintain such status throughout the term of this Agreement. 4.2. For and in consideration of the promises of the Parties set forth herein, each Party agrees, subject to the limitations herein set forth, to aid and assist the other Parties by causing and permitting its law enforcement personnel and its equipment to be used in conducting overt and covert investigations of criminal activity in the jurisdiction of any of the others Parties in including but not limited to the trafficking of illegal drugs or alcohol, money laundering, fencing stolen property, gambling, prostitution, and other vice offenses, or other exceptional instances when ATTACHMENT 2 AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE WEST METRO DRUG TASK FORCE 11-00123 2 of 9 covert investigation procedures are needed in the jurisdiction served by one Party which are in the common interest of the law enforcement agency of each Party. 4.3. Each Party shall maintain that level of personnel and equipment necessary to meet its obligations under this Agreement. 4.4. Response by any Party beyond the jurisdiction of the responding Party is hereby deemed to be approved by the Parties and such response shall require no further approval or request for mutual aid by the responsible officials of any Party, unless this Agreement is later modified through written amendment or unless otherwise required by law. 4.5. Governing Board. A governing board shall be created to establish policy, approve procedures, and oversee operational and administrative matters of concern to the Task Force, referred to as the “Governing Board.” The Governing Board shall include the CEO or designee of each Party. The Governing Board shall also make determinations with respect to distribution of Task Force funds to the Parties. The Governing Board shall elect a chairperson based on a vote of the majority. The Governing Board shall meet not less than quarterly. 4.6. Policies and Procedures. Each Party shall implement the provisions of this Agreement by establishing policies and procedures concerning equipment, training, and personnel standards for personnel who will be assigned to the Task Force (“Officer” or “Officers”) subject to the following limitations: 4.6.1. To be eligible for assignment to the Task Force, Officers must pass and maintain pertinent and lawful performance standards which have been approved by the Governing Board. The standards may pertain to firearm qualifications, physical fitness standards, drug screenings or other performance standards. 4.6.2. Any disciplinary action imposed against an Officer as a result of his or her involvement or participation in the Task Force shall be the responsibility of the Officer’s respective agency. 4.6.3. An Officer who has passed the performance standards is not eligible for appointment to the Task Force unless all members of the Governing Board agree to such assignment. Any Officer assigned to the Task Force shall be removed from the Task Force at any time, with or without cause, at the request of the Officer’s appointing agency. 4.6.4. The forms utilized by all Officers assigned to the Task Force to record investigative and administrative activities pursuant to Task Force involvement shall be those forms currently in use by the Jefferson County Sheriff. 4.6.5. All evidence and property seized by Officers assigned to the Task Force shall be seized, identified, preserved, booked, and stored pursuant to the policies and procedures in effect with the Commission on Accreditation for Law Enforcement Agencies, as may be amended from time to time. 4.6.6. Each Officer assigned to the Task Force shall be provided a vehicle and the personal equipment required for the execution of law enforcement duties by their respective agencies. AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE WEST METRO DRUG TASK FORCE 11-00123 3 of 9 4.6.7. Officers assigned to the Task Force shall be subject to the supervision of the supervisory and command personnel assigned to the Task Force regardless of which Party assigned the supervisor or Officer to the Task Force. 4.7. Financial Matters. 4.7.1. The Task Force shall be funded by asset forfeiture funds that are equitably shared with the Financial Host, as defined herein, by the Federal Government in accordance with the “Guide to Equitable Sharing of Federally Forfeited Property for State and Law Enforcement Agencies,” and the policies and procedures of the local offices of the relevant Federal agencies or departments (“Forfeiture Funds”). 4.7.2. Financial Host. The Jefferson County Sheriff shall act as the Financial Host for the Task Force. The Financial Host is responsible for applying for, receiving, maintaining and reporting federal Forfeiture Funds. All Forfeiture Funds received by the Financial Host shall be maintained in separate revenue accounts or accounting codes by the Financial Host’s jurisdiction. These funds will be treated in the same manner as appropriated funds, including procedures for all procurement and approval processes and inclusion in all single audit requirements by the Financial Host. The Parties agree that Forfeiture Funds are property of the Financial Host. The Governing Board may, if and when it desires, by unanimous selection designate a different Financial Host. 4.7.3. Forfeiture Funds awarded to the Financial Host on behalf of the Task Force shall be spent by direction of the Governing Board. Forfeiture Funds shall first be expended in support of Task Force operations, such as paying the normal operating expenses of the Task Force, including, but not limited to; leases, rental of undercover vehicles, training of personnel, and investigative costs. The Financial Host will not expend funds at the direction of, or for the sole use of, federal agencies. 4.7.4. The Financial Host will submit the sharing request for all Forfeiture Funds and will receive and maintain the shared Forfeiture Funds in support of the Task Force, except as otherwise provided in section 4.7.5 of this Agreement. The Financial Host must be a party to this Agreement and an Equitable Sharing Program (“Program”) participant and compliant with the Program guidelines and reporting requirements. The Financial Host may submit one Equitable Sharing Request form (DAG-71) or Treasury TD F 92-22.46 form (TD F) under its NCIC code on behalf of the Task Force members. The DAG-71 or TD F form must include the total workhour and qualitative contributions of all agencies in the investigation. 4.7.5. In the event equitably shared funds received in a fiscal year exceed 115% of the authorized budget for the Task Force, each Party may submit its own sharing request for subsequent funds as long as they are Program participants and compliant with the Program guidelines and reporting requirements. The Party must submit an individual DAG-71 or TD F form under its own NCIC code. Funds subject to this subparagraph will be distributed based upon the level of participation by each Party: Each Party will receive one participation credit for each of its personnel assigned full-time to the Task Force at the time the sharing request is submitted, including those individuals assigned as Task Force Officers to a Federal Drug Task Force, except that the District Attorney shall receive 1.5 participation credits, but no less than 4% of distributed Forfeiture Funds. The total number of participation credits shall AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE WEST METRO DRUG TASK FORCE 11-00123 4 of 9 equal 100. The Task Force Commander shall be tasked with maintaining a current list of Officers and shall submit the appropriate percentages for distribution based upon current participation to the Program with each DAG-71 or TD F form. 4.7.6. The agency expending Forfeiture Funds must report the expenditure and maintain ownership and control of any tangible items. Should the Task Force dissolve or the Financial Host withdraw, all equipment must be returned to the purchasing agency. Furthermore, the agency will not expend funds at the direction of or for the sole use of federal agencies. 4.7.7. Each Party must file an Equitable Sharing Agreement and Certification (ESAC) form to the United States Department of Justice Asset Forfeiture Program. 4.7.8. Task Force forfeiture funds will be audited on a quarterly basis by accounting personnel employed by Parties to this Agreement but not employed by the Financial Host. The results of the audit will be presented to the Governing Board for review. Governing board members, at their discretion, may elect to conduct an independent audit of the forfeiture funds. 4.7.9. Forfeitures resulting from seizures of money and/or personal and real property resulting from any individual Party’s operations outside of the Task Force operations shall not be considered as Forfeiture Funds for the Task Force and shall be the sole property of the Party whose operation generated the forfeiture assets. 4.7.10. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20 and financial obligations of any Party after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available by such Party’s governing body. 5. ADDITIONAL PARTIES. Municipalities situated partly or wholly within Jefferson County who wish to join this Agreement may do so by an amendment to this Agreement executed by each Party. 6. TERM AND TERMINATION. This Agreement shall take effect upon its execution by all Parties and continue indefinitely until terminated as provided herein. 6.1. Any Party may terminate its participation in this Agreement with or without cause upon 30 days prior written notice to each of the other Parties. Any such termination shall terminate the obligations of the withdrawing Party only. 6.2. The Parties may agree by unanimous vote of the Governing Board to terminate the Task Force, with written notice provided to each Party. Upon termination of the Task Force, any Forfeiture Funds remaining after payment of all Task Force obligations shall become property of the Financial Host. AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE WEST METRO DRUG TASK FORCE 11-00123 5 of 9 7. LIABILITY AND IMMUNITY. 7.1. Each Party will be responsible for its own negligent or intentional acts or omissions and for those of its employees, officers, agents and volunteers. 7.2. The Parties agree that in the event any claim or suit is brought against any Party by any third party as a result of the operation of this Agreement, the involved Parties will cooperate with each other, and with the involved Parties’ insuring entities, in defending such claim or suit. 7.3. The Parties shall, at their own expense, keep in full force and effect during the term of this Agreement, sufficient General Liability Insurance, Comprehensive Automotive Liability Insurance, and Worker’s Compensation Insurance, or adequate self insurance funds covering the same. 7.4. The Parties intend that nothing herein shall be deemed or construed as a waiver by any Party of any rights, immunities, limitations, or protections afforded to them under the Colorado Governmental Immunity Act (§ 24-10-101, C.R.S., et seq.) as now or hereafter amended or otherwise available at law or equity. 8. ADDITIONAL PROVISIONS. 8.1. None of the Parties waive its rights under the Colorado Governmental Immunity Act. 8.2. Each Party shall meet its obligations as set forth in C.R.S. § 29-1-205, as amended, to include information about this Agreement in a filing with the Division of Local Government; however, failure to do so shall in no way affect the validity of this Agreement or the remedies available to the Parties hereunder. 8.3. The Parties, for themselves, their agents, employees and representatives, agree that they will not divulge any confidential or proprietary information they receive from the other Parties or to which they may otherwise have access, except as may be required by law. 8.4. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof and, except as otherwise provided herein, this Agreement may not be modified or amended except by written agreement of the Parties. 8.5. No elected or employed member of any Party shall be paid or receive, directly or indirectly, any share or part of this Agreement or any benefit that may arise therefrom. 8.6. No Party shall knowingly perform any act that would conflict in any manner with said Party’s obligations hereunder. Each Party certifies that it is not engaged in any current project or business transaction, directly or indirectly, nor has it any interest, direct or indirect, with any person or business that might result in a conflict of interest in the performance of its obligations hereunder. 8.7. This Agreement shall inure to the benefit of, and be binding upon, the Parties, their respective legal representative, successors, heirs, and assigns, provided that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. 8.8. Notwithstanding anything to the contrary, the Parties understand and agree that all terms and conditions of this Agreement that require continued performance or compliance beyond the AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE WEST METRO DRUG TASK FORCE 11-00123 6 of 9 termination or expiration of this Agreement shall survive such termination or expiration and shall be enforceable against a Party if such Party fails to perform or comply with such term or condition. 8.9. The failure of a Party to enforce any right arising under this Agreement on one or more occasions will not operate as a waiver of that or any other right on that or any other occasion. 8.10. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and all right of action relating to such enforcement shall be strictly reserved to the Parties and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third Party. It is the express intention of Parties that any person other than Parties receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 8.11. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this Agreement. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§24-71.3-101 to -121. 8.12. Each Party represents that all procedures necessary to authorize such Party’s execution of this Agreement have been performed and that the person signing for such Party has been authorized to do so. [Remainder of page left intentionally blank.] 11-00123 7 of 9 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the last date below. CITY OF ARVADA, STATE OF COLORADO By: _________________________________ Marc Williams, Mayor Date: _______________________________ APPROVED AS TO FORM Christopher K. Daly, City Attorney By:______________________________ CITY OF LAKEWOOD, STATE OF COLORADO By: _________________________________ Kathleen E. Hodgson, City Manager Date: _______________________________ ATTEST: _______________________ Margy Greer, City Clerk Approved as to form: ______________________________ Jennifer S. Roth, Deputy City Attorney - Criminal Recommended for Approval: Daniel J. McCasky, Chief of Police 11-00123 8 of 9 CITY OF WHEAT RIDGE, STATE OF COLORADO By: __________________________________ Bud Starker, Mayor Date: _________________________________ APPROVED AS TO FORM ______________________________ CITY OF GOLDEN, STATE OF COLORADO By: __________________________________ Marjorie Sloan, Mayor Date: _________________________________ APPROVED AS TO FORM ______________________________ THE DISTRICT ATTORNEY FOR THE FIRST JUDICIAL DISTRICT OF COLORADO By: __________________________________ Peter Weir, District Attorney Date: _________________________________ APPROVED AS TO FORM ______________________________ 11-00123 9 of 9 COUNTY OF JEFFERSON, STATE OF COLORADO By: __________________________________ Jeff Shrader, Sheriff Date: _________________________________ APPROVED AS TO FORM ______________________________ ITEM NO: DATE: December 10, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 71-2018 – A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WHEAT RIDGE AND THE UNITED STATES SECRET SERVICE FOR MEMBERSHIP IN THE COLORADO ELECTRONIC CRIMES TASK FORCE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: Currently the Wheat Ridge Police Department is not equipped to perform computer forensic examinations on computers that may contain evidence of criminality. When such examinations are needed, the department has very limited options. None of these options present a level of service commensurate with that which the department strives to provide. Further, all of these options require some measure of control over the criminal investigation to be ceded to another organization or authority outside the control of the Wheat Ridge Police Department. PRIOR ACTION: Council has not taken prior action on this issue. FINANCIAL IMPACT: There will be no financial impact to the City of Wheat Ridge. The United States Secret Service provides equipment, training, and pays associated costs. BACKGROUND: Membership in the Colorado Electronic Crimes Task Force will grant the department access to computer forensic resources in place with other members, as well as queue the Council Action Form - Membership in the Colorado Electronic Crimes Task Force December 10, 2018 Page 2 organization to obtain training and equipment provided and paid for by the United States Secret Service. Membership in the CECTF requires only a commitment of time from Wheat Ridge Police, all training and equipment costs are paid for entirely by USSS. At fruition, the commitment of the agency to the program would be to assist other agencies periodically with their computer forensic imaging needs, and to commit to assist the USSS for a period of three years with their investigational needs in the event of a large-scale cyber-attack against a sector of Colorado’s critical infrastructure. An internal review of the need for, and potential use of, a program of this nature was conducted. Using historical data, numerous past cases were identified wherein a program such as this would have increased the efficiency of the investigations bureau and provided an increased level of customer service to the citizens we serve. RECOMMENDATIONS: Staff recommends that City Council approve Membership in the Colorado Electronic Crimes Task Force. RECOMMENDED MOTION: “I move to approve Resolution No. 71-2018, a resolution approving a memorandum of understanding between the Wheat Ridge Police Department and the United States Secret Service for membership in the Colorado Electronic Crimes Task Force.” Or, “I move to deny Resolution No. 71-2018, a resolution approving a memorandum of understanding between the Wheat Ridge Police Department and the United States Secret Service for membership in the Colorado Electronic Crimes Task Force., for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Darrel Guadnola, Investigations Bureau Commander Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS; 1. Resolution No. 71-2018 2. MOU between the City of Wheat Ridge and the United States Secret Service CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 71 Series of 2018 TITLE: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WHEAT RIDGE AND THE UNITED STATES SECRET SERVICE FOR MEMBERSHIP IN THE COLORADO ELECTRONIC CRIMES TASK FORCE WHEREAS, the City of Wheat Ridge, Colorado (the “City), acting through its City Council (“Council”), is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for the protection of the public health, safety and welfare; and WHEREAS, pursuant to C.R.S. § 29-1-203, the City is authorized to enter into cooperative agreements with other governmental entities to provide and receive certain functions and services; and WHEREAS, the United States Secret Service (USSS) has proposed a memorandum of understanding with the City to provide an avenue for potential reimbursement of overtime costs and other expenses directly related to work performed by City officer(s) assigned to assist the USSS’s Colorado Electronic Crimes Task Force (CECTF); and WHEREAS, the City Council finds that the potential reimbursement of such costs and expenses is wise to authorize and pursue, even if federal funding is not guaranteed, and therefore wishes to approve the MOU; and WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the Council, acting by resolution or ordinance, to enter into agreements with other governmental units for the furnishing and receiving of commodities and services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The attached memorandum of understanding between the City of Wheat Ridge and the United States Secret Service for membership in the Colorado Electronic Crimes Task Force, is hereby approved. DONE AND RESOLVED this ___ day of __________________, 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WHEAT RIDGE AND THE UNITED STATES SECRET SERVICE The City of Wheat Ridge, Colorado (“City”) and its Police Department and the United States Secret Service (USSS) enter into this memorandum of understanding (MOU), which becomes effective with the signatures of both parties and remains in effect until terminated by the mutual agreement of the City and the USSS or upon 30 day written notice by either party to this agreement. This MOU does not supersede a previous agreement. I. AUTHORITY This MOU is established pursuant to Title 18, United States Code, Section 3056 and provisions of Public Law 107-56, Title I, Section 105, the Uniting and Strengthening of America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001. This act directed the USSS to take appropriate actions to expand the national network of Electronic Crimes Task Forces (ECTF) throughout the United States. Additionally, this MOU is established pursuant to provisions of the Treasury Forfeiture Fund Act of 1992, 31 USC 9703, as amended. This act established the Department of the Treasury Forfeiture Fund and authorized the payment of certain overtime expenditures, travel, fuel, training, equipment and other similar costs of State and Local law enforcement officers, that are involved in joint operations, with a Department of the Treasury law enforcement organization, as prescribed in 31 USC 9703 (a)(1)(I) (hereinafter “overtime costs and other expenses”). II. PURPOSE This MOU establishes the procedures and responsibilities of both the Wheat Ridge Police Department and the USSS for the reimbursement of certain overtime costs and other expenses pursuant to 31 USC 9703. In addition, this MOU articulates the USSS’s preference that Wheat Ridge Police Department personnel who are trained and equipped at the National Computer Forensic Institute (NCFI) be made available for a three (3) year period to assist the USSS in the event of a large-scale cyber attack against a sector of the Critical Infrastructure within their state. III. BACKGROUND While the Secret Service leads this innovative effort, the agency believes in partnerships with strong emphasis on prevention and education, in addition to traditional law enforcement measures. The Secret Service will combine with other task force partners to provide resources and investigative techniques to the ECTF mission, as well as facilitating and administering task force operations. Other law enforcement agencies bring additional criminal enforcement jurisdiction, resources, manpower, and expertise to ATTACHMENT 2 the ECTF mission. Representatives from private industry and academia also enhance the mission by bringing a wealth of technical expertise and research capabilities. The Colorado Electronic Crimes Task Force (CECTF) mission is to establish a strategic alliance of Federal, State, and Local law enforcement agencies, private sector technical experts, prosecutors, academic institutions, and private industry in order to confront and suppress technology-based criminal activity that endangers the integrity of our Nation’s financial payment systems and poses threats against our Nation’s critical infrastructure. The ultimate goal of the CECTF is to provide a productive framework and collaborative crime-fighting environment in which the resources of its participants can be combined to effectively and efficiently to make a significant impact on electronic (cyber) crimes. IV. RESPONSIBILITIES The parties agree to the following conditions: (a) The Wheat Ridge Police Department may request reimbursement of payment of overtime costs and other expenses directly related to work performed by its officer(s) assigned to assist the U.S. Secret Service’s CECTF in conducting official investigations. The Wheat Ridge Police Department will submit all requests for reimbursement payments, together with appropriate documentation, to the U.S. Secret Service’s CECTF Supervisor. Request for reimbursement will be based solely upon overtime worked and other expenses performed on behalf of the U.S. Secret Service’s CECTF. (b) All reimbursement hours of overtime costs and all other expenses covered under this MOU must be approved and certified by the U.S. Secret Service CECTF supervisor. The reimbursable overtime payments will be based upon the actual hourly overtime rate, exclusive of matching employer contributions for any taxes or benefits. (c) The U.S. Secret Service CECTF supervisor will forward all approved reimbursement requests through the Special Agent in Charge (SAIC) Criminal Investigative Division, Office of Investigations, to the Treasury Forfeiture Fund’s payment agent, the U.S. Customs National Finance Center (NFC). (d) During the period of assignment to the CECTF, the Wheat Ridge Police Department will remain responsible for establishing the salary and benefits, including overtime of the officer(s) assigned to the Task Force and making all payments due them. Reimbursement under this MOU is contingent upon the availability of mandatory funds allocated to the U.S. Secret Service through the Department of the Treasury Forfeiture fund. (e) The Wheat Ridge Police Department shall permit and have readily available for examination and auditing by the U.S. Secret Service, the Department of Treasury, the Comptroller of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. They shall maintain all such records and reports until all audits and examinations are completed and resolved, or for a period of three (3) years, whichever is sooner. (f) Payments may be made to the extent they are included in the U.S. Secret Service Fiscal Year Plan and the monies are available within the Department of Treasury Forfeiture Fund to satisfy the request(s) for reimbursable expenses. It should also be understood that the total amount(s) made available to the U.S. Secret Service through the Department of the Treasury Forfeiture Fund, for reimbursement to the Wheat Ridge Police Department, could change at any time. (g) Pursuant to the Treasury Executive Office for Asset Forfeiture (TEOAF) directive number 18, the maximum reimbursement entitlement for overtime costs to any one law enforcement official cannot exceed fifteen-thousand ($15,000.00) dollars during the fiscal year. (h) This document does not obligate funds. Funding authority will be provided through other documents. (i) The Wheat Ridge Police Department shall provide the U.S. Secret Service within 10 days of the signing of this MOU, with their agency’s mailing address, contact name, telephone number and tax identification number. Further, this agency must provide the name, account number and ABA routing number of the financial institution where the Wheat Ridge Police Department wants the Electronic Funds transfer (EFT) payment deposited for the reimbursement of overtime salary costs. Failure to provide this information within the prescribed period of time will nullify this MOU agreement. (j) The Wheat Ridge Police Department is strongly encouraged to make its personnel who are trained and equipped at the National Computer Forensic Institute (NCFI) available to assist the USSS in the event of a large-scale cyber attack against a sector of the Critical Infrastructure within their state. The USSS contemplates that Wheat Ridge Police Department will provide this assistance for a period of at least three (3) years after its employee completes his NCFI training. V. POINTS OF CONTACT: The U.S. Secret Service’s CECTF Supervisor shall serve as the primary point of contact. The Supervisor of the CECTF, 5619 DTC Parkway, Suite 400, Greenwood Village, CO 80111 can be reached at 303-850-2700. The Wheat Ridge Police Department’s Investigations Bureau Commander shall serve as the primary point of contact. The Investigations Bureau Commander of the Wheat Ridge Police Department 7500 W. 29th Ave. Wheat Ridge, CO 80033 can be reached at (303) 235-2949. VI. OTHER PROVISIONS: Nothing in this Agreement is intended to conflict with federal law or the directives of the DHS or the Wheat Ridge Police Department. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in effect. VII. EFFECTIVE DATE: The terms of this Agreement will become effective on December 3, 2018. VIII. MODIFICATIONS: The terms of this Agreement may be amended upon mutual written consent of both the U.S. Secret Service’s Colorado Electronic Crimes Task Force and the Wheat Ridge Police Department. ______________________________ ______________________________ SAIC John A. Gullickson Bud Starker, Mayor U.S. Secret Service Denver Field Office Date:__________________________ Date:_________________________ ATTEST: Janelle Shaver, City Clerk _______________________________ SAIC U.S. Secret Service Criminal Investigative Division Date:___________________________ ITEM NO: DATE: December 10, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 34-2018 – AN ORDINANCE APPROVING THE SALE OF DESIGNATED PARK LAND AT THE INTERSECTION OF WEST 38TH AVENUE AND JOHNSON STREET AND IN CONNECTION THEREWITH, AUTHORIZING EXECUTION OF AN AGREEMENT FOR SAID SALE PUBLIC HEARING ORDINANCES FOR 1ST READING (11/26/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/10/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: The City has the opportunity to sell the vacant parcel of park property located on the southwest corner of 38th Avenue and Johnson Street for the development of a CVS Pharmacy. This parcel was not originally developed as part of Discovery Park due to: 1. Maximizing efficient use of site to meet the goals of the Park Master Plan; and 2. The site’s proximity to the Appleridge Café, currently located on the southeast corner of 38th Avenue and Kipling Street. (Aerial photo attached) The City Charter requires a unanimous vote of city council to dispose of park property. The Wheat Ridge Charter addresses the disposal of park land in Section 16.5. “The city shall not sell or dispose of municipally owned buildings or real property for a public purpose, without first obtaining the approval, by ordinance, of three-fourths of the entire council. Unanimous approval of the entire council, by ordinance, shall be necessary for sale or disposition of designated park land.” Council Action Form - Park Land Sale December 10, 2018 Page 2 PRIOR ACTION: At the May 10, 2018 study session, this item was presented. City Council reached a consensus to continue to move forward on the disposal of the park property. On May 10, 2010 City Council approved the sale of a portion of park property to the south of the Appleridge Café to address the issues with café site parking needs. At that time, the following information was provided to Council as part of the Park Master Plan adoption action: “The park master plan was designed to achieve a win-win situation with the existing restaurant business located on the corner. The plan identifies the northeast corner of the parkland as an area for future development. The restaurant property owner at this time does not wish to purchase the entire 0.85 acres. A lot will be platted for future sale when, and if, the restaurant property re-develops. This park parcel will remain vacant in the future to allow for future development, sale and or lot consolidation with the restaurant property.” City Council approved a resolution to obtain an appraisal on the applicable portion of park property adjacent to the Appleridge Café on August 28, 2008. City Council approved the transfer of the reverter clause from this park parcel to the Baugh House property on September 28, 2009 as one of the required steps to allow for the future disposal of the park property. FINANCIAL IMPACT: An appraisal was completed on the property in March 2017 and has been updated. In March of 2017 the City and developer agreed on the 2017 appraised price as a basis for moving forward with the development of the property. The parcel is 0.5 acres in size and the appraised price, when consolidated with the adjacent lot, was $600,000 in 2017. The updated appraisal information documents the value of the property at $650,000. The land that is now Discovery Park, including this parcel was purchased with the City’s attributable share of Open Space Funds and Jefferson County Bond Funds. Jefferson County Open Space does not have a financial interest in the property due to the removal of the reverter clause encumbrance on this portion of the park property. The original purchase price for the entire 8 acre site that is now Discovery Park, including the undeveloped area under discussion for sale, was $1,245,500. All proceeds from the sale of the property are required to be placed in the Open Space Fund 32 for park and recreation purposes due to the fact that open space funds were used to originally purchase the property. The funds from the sale of this park property would be used for construction of Phase II of Prospect Park Renovation. Phase I has been completed, Phase II is on hold due to the additional funding required for the Anderson Park Renovation that was originally slated for Phase II of the Prospect Park Renovation. Council Action Form - Park Land Sale December 10, 2018 Page 3 BACKGROUND (PARK): The Master Plan for the park was developed with the consideration that the corner parcel, when combined with the Appleridge Restaurant site provided opportunity for future commercial development. Thus, in 2008 the City Council approved the rezoning of the property to Planned Commercial Development, it was the intent this property would eventually develop as a commercial venture. This action was viewed as a compromise in the community since Discovery Park was constructed on property that originally had the potential for commercial development. Construction of the park was completed in 2010. The park meets the needs of the community through the amenities and facilities in the park. These include a skate park, a variety of play structures, a splash pad, picnic shelters, walking trails and athletic practice fields. There is adequate parking to support these activities. This portion of the site is not required to meet any future park development needs. On October 17, 2018, the Wheat Ridge Parks and Recreation Commission was presented information regarding the sale of the excess park property. The Committee voted 2-2-1 on the sale of the vacant parcel. BACKGROUND (CVS): In early 2017, CVS, through their representative AJ Barbato, approached the City regarding the development of the above stated parcels for the development of a new CVS Pharmacy. Barbato stated that negotiations were underway with the owner of the Appleridge Café for acquisition and potential relocation of the café. Appleridge was willing to have their site acquired as long as an adequate new site, within the same geographical area could be identified for relocation. In order to develop the new CVS, the developer would also need to acquire the vacant parcel to the east of the café. This parcel is owned by the City of Wheat Ridge and under the control of the Parks and Recreation Department. The Department has identified this parcel as a remnant piece of land that is not needed to meet current or future park needs. The City requested the developer initiate an appraisal for the land value and purchase price. The initial appraisal was completed on March 26, 2017 by Mac Taggart & Mosier, Inc. which created a market value estimate for standalone secondary commercial premise at $400,000 and an assemblage to the full development of the CVS at $600,000. The developer agreed to pay the appraised amount. During this period, the developer was able to identify a parcel that was suitable for the Appleridge café relocation. The developer went under contract to obtain the site located directly south of the Recreation Center on Kipling, just north of the lot currently under redevelopment for the Circle K convenience station. The developer entered into negotiations with the owner of the café for acquisition and relocation. The negotiations were completed in early summer 2018. Council Action Form - Park Land Sale December 10, 2018 Page 4 Because it had been over a year since the completion of the initial appraisal, the City requested a new appraisal based on current conditions. The second appraisal was conducted by the same firm who identified the standalone value at $450,000 and the market value estimate for the assemblage at $650,000. In the letter attached to this report, CVS has agreed to purchase the vacant site at the most recent appraised value of $650,000. CVS anticipates requesting the use of tax increment financing (TIF) available through the Wheat Ridge Urban Renewal Authority (Authority). At this time, the amount of TIF is still being calculated through a pro forma which will be evaluated by the Authority. If any portion of sales tax will be utilized in the TIF, the Council will be asked to adopt a resolution approving a Cooperation Agreement with the Authority. CVS anticipates the construction of a building just over 13,000 square feet with a drive-thru pharmacy. The new Appleridge Café will be approximately 3,000 square feet. TRAFFIC: A formal site plan has not been submitted by the developer, but it is anticipated they will seek: • A right-in, right-out access point along Kipling Street (CDOT approval required) • Full access onto Johnson Street • A right-in, right out movement along West 38th Avenue The City requested of CVS to provide some anticipated traffic flows from the site. The attached letter is not a full traffic study, but only a study based on International Transportation Engineers (ITE) figures from the Trip Generation Manual. If the project moves forward, a full traffic study will be commissioned. The attached letter from Kimley Horn provides trip generation estimates between the development of both pads for a CVS, compared to the development of both pads with the existing Appleridge Café at its existing site and a fast food establishment with a drive-thru on the vacant pad. The ITE data shows a combined Appleridge and fast food restaurant would generate approximately 1,752 daily vehicle trips while a standalone CVS would create 1,432 trips, a difference of 320 less trips. The distribution of the traffic was not analyzed. PROCESS: If the Council approves the ordinance, as conditions of the sale and prior to the initiation of construction, TMC Colorado would be required to close on its purchase of the Café property, a purchase and sale agreement between TMC Colorado and the City must be signed, and the property would need to be consolidated with the Café property under a consolidation plat. The final development will also require the site to meet all the building codes of the City and adhere to the Architectural Site Design Manual. RECOMMENDATIONS: Staff recommends the sale of the excess property for the following reasons: Council Action Form - Park Land Sale December 10, 2018 Page 5 1. The land in question is excess property and is not part of any future development plans of Discovery Park and was rezoned in 2008 to Planned Commercial Development. 2. The sale will provide an additional $650,000 to the Parks and Recreation Department for improvements to Prospect Park. 3. If the sale were to not occur, the vacant land has no market value as a ‘stand- alone’ parcel for commercial development. 4. The restaurant on the adjoining parcel is over 50-years old and the owner of the Appleridge Café desires the relocation of the restaurant. 5. The development of a CVS Pharmacy will provide additional sales tax revenues. 6. Traffic patterns indicate that vehicular movement will exit onto 38th Avenue from Johnson Street. RECOMMENDED MOTION: “I move to approve Council Bill No. 34-2018, an ordinance approving the sale of designated park land at the intersection of West 38th Avenue and Johnson Street, and in connection therewith, authorizing execution of an agreement for said sale on second reading and that it takes effect fifteen (15) days after final publication. Or, “I move to postpone indefinitely Council Bill No. 34-2018, an ordinance approving the sale of designated park land at the intersection of West 38th Avenue and Johnson Street for the following reason(s) .” REPORT PREPARED BY; Steve Art, Economic Development Manager/Executive Director – Renewal Wheat Ridge Joyce Manwaring, Director of Parks and Recreation Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 34-2018 2. Parcel Map 3. 2017 Appraisal 4. 2018 Appraisal 5. Purchase Agreement Letter 6. Traffic Generation Letter (Kimley/Horn) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER POND Council Bill No. 34 Ordinance No. _________ Series 2018 TITLE: AN ORDINANCE APPROVING THE SALE OF DESIGNATEDPARK LAND AT THE INTERSECTION OF WEST 38TH AVENUE AND JOHNSON STREET AND, IN CONNECTION THEREWITH, AUTHORIZING EXECUTION OF AN AGREEMENT FOR SAID SALE WHEREAS, the City of Wheat Ridge, Colorado (“City”) owns certain real property within the City at the intersection of West 38th Avenue and Johnson Street that is designated as park land (the “Park Property”); and WHEREAS, a portion of the Park Property is adjacent to private property for which TMC Colorado, LLC, an Indiana Limited Liability Company (“TMC Colorado”) is the contract purchaser and upon which a café business is currently located (the “Café Property); and WHEREAS, in 2008, the City approved a master park plan for the Park Property that included information regarding the reservation of this property for future consolidation with the adjacent private property; and WHEREAS, in furtherance of both of these goals, the City and TMC Colorado are negotiating an agreement under which the City will convey the Park Property to TMC Colorado for a purchase price of $650,000 for the purpose of commercial development; and WHEREAS, the property the City proposes to convey to TMC Colorado is designated park land; and WHEREAS, pursuant to the Wheat Ridge City Charter Section 16.5, the unanimous approval of the entire City Council, by ordinance, is necessary to sell or dispose of designated park land; and WHEREAS, the City Council finds and determines that the sale of a portion of the park land located at West 38th Avenue and Johnson Street does not impact the use or needs of the adjacent park; and WHEREAS, the City Council therefore desires to approve the sale of the Park Property conditioned upon execution of a purchase and sale agreement, acquisition of the Café Property by TMC Colorado and the consolidation of the same with the Park Property. ATTACHMENT 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Sale of Park Property Approved. Pursuant to Charter Section 16.5, the City Council hereby approves the sale to TMC Colorado, LLC of certain City-owned property designated as park land for a purchase price of $650,000, and which land is more particularly described on Exhibit 1, attached hereto and incorporated herein by this reference. Section 2. Agreement Approved. In connection with the sale of park land approved by Section 1 above, the City Council hereby authorizes and directs the Mayor and City Clerk to execute a purchase and sale agreement and associated documents, in form approved by the City Attorney. Section 3. Conditions of Approval of Sale of Property. The sale of property and agreement approved by Sections 1 and 2 above is expressly contingent upon the satisfaction of all of the following conditions precedent: (1) the execution of a purchase and sale agreement in form approved by the City Attorney, (2) the acquisition of title by TMC Colorado, LLC of the Café Property, and (3) final approval of a consolidation plat and such other required land use approvals to permit the unified development of the Café Property and the Park Property. Should any one of these conditions precedent fail to occur on or before June 10, 2019, the approvals set forth in Sections 1 and 2 above shall never become effective. Section 4. 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. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of November, 2018, 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 December 10, 2018 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 ______________, 2018. SIGNED by the Mayor on this _____ day of ____________, 2018. ________________________ Bud Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: November 29, 2018 Second Publication: Wheat Ridge Transcript Effective Date: EXHIBIT 1 Park Property LEGAL DESCRIPTION A parcel of land in the NW ¼ of Section 27, T3S, R69W of the 6th PM, described as: Lot 3 and Tract A, 38th & Kipling Subdivision, City of Wheat Ridge, Jefferson County, Colorado, excluding therefrom right of way parcels of 15.25 and 19.5 feet in width along the norther boundary thereof, and a right of way parcel of 1.5 feet in width along the eastern boundary thereof, and retaining a drainage easement 15 feet in width across Tract A, as shown on the attached Exhibit 1A. Exhibit 1A Diagram of Park Property [Attached] 38TH AVE JO H N S O N S T DATE: 11/08/2018 Horizontal Coordinate System:NAD83/92 State Plane, Colorado Central Zone 0502 Vertical Datum: NAVD88 7500 West 29th AvenueWheat Ridge, CO 80033-8001303.234.5900 DISCLAIMER NOTICE: This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy,reliability and authority of this information is solely therequestor’s responsibility. The City of Wheat Ridge, in Jefferson County, Colorado - a political subdivision of the State of Colorado, has compiled for its use certain computerized information. This information is availableto assist in identifying general areas of concern only. The computerized information provided herein should only be relied upon with corroboration of the methods, assumptions, and results by a qualified independent source. The user of this information shall indemnify andhold free the City of Wheat Ridge from any and all liabilities, damages, lawsuits, and causes of action thatresult as a consequence of his reliance on information provided herein. 3790 W. 38th Avenue Legend ROW_CURRENT Interstate State_Highway Road Centerline CLASS Primary road, interstate highway, limited access road Secondary road, U.S. highway Connecting road, county roads Neighborhood road, city street, unimproved road Special Road Feature EASE_Utility µ 30 0 3015 Feet EXHIBIT 1A ATTACHMENT 2 ATTACHMENT 3 MacTaggart and Mosier, Inc. Real Estate Appraisers and Consultants 40 South Allison Street Lakewood, CO 80226 Ph: 303-399-5615 email: rcmosier@aol.com August 15, 2018 City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn.: Steve Art, Executive Director of the Urban Renewal Authority Dear Mr. Art: You are in receipt of an appraisal of the land east of the southeast corner of 38th Avenue at Kipling Street prepared March 31, 2017 with an effective date of March 26, 2017. The purpose of the inspection was to estimate the market value of the fee simple estate in this property in its “as is” condition. The intended use of the appraisal report is to serve as a basis for pricing the property for disposal. The City is the client and the sole intended user of that appraisal report. At its discretion, the prospective buyer, its attorney and accounting professional may be included as additional intended users. In that appraisal I estimated the value of the land in the standalone secondary commercial premise to be $400,000 and the value in an assemblage to the corner premise to be $600,000. This letter is an update to the original appraisal. It carries an effective date of August 8, 2018, the most recent date of inspection, has the intended use of establishing a basis for ATTACHMENT 4 Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 2 pricing the property for disposal, and is prepared for the same intended user, namely the City of Wheat Ridge. The sections of the original appraisal report that are updated, or are not changed but warrant emphasis, follow. OWNERSHIP AND SALES HISTORY The ownership has not changed and the owner is still the City of Wheat Ridge. It is still not under contract but the agent for CVS drug stores is proposing to buy the property. I have not been informed as to the asking price or offered amount in relation to this prospective sale. TAXES AND ASSESSMENTS The land is valued at $8,155 for 2017 taxes payable in 2018, and it remains $8,155 for 2018 taxes payable in 2019. HIGHEST AND BEST USE The highest and best use as a standalone site remains as an office or secondary commercial use. Combined with the corner site, the highest and best use as assembled is still for a high- intensity retail commercial use. SALES COMPARISON APPROACH A new search for comparable sales of secondary commercial sites reveals three new sales, Sale Nos. 7, 8 and 9 cited with the original six sales below. Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 3 Land Sales, Jefferson County File LSGRet1704.WR.38th Sale Location Area Price No.Grantor/Grantee Date Price (Sq.Ft.)Comments Per SF Financing --- ---------------- -------- -------------- --------- 1 7321 Sheridan Blvd.Aug-17 $480,000 24,829 Zoned PUD, Westminster, Lot in a Commercial Subdivision.$19.33 Cash to Seller. Tepper Partners/New Verizon Store, Sold as Net Leased Investment Jun-18. BTS Sheridan VZ, LLC 2 9890 W. 44th Ave.Jul-15 $532,000 43,516 Zoned C-1 Wheat Ridge; Residential Improvements. Demo'd $12.23 Cash to Seller. Cluck Estate/After Sale; Actual Price $507,000, Plus Demo. $25K = $532,000 Sheard Family Trust 3 7960 Wadsworth Blvd.May-15 $500,000 51,836 Zoned B-2 Arvada; Vacant Pad w/o Wadsworth Frontage.$9.65 Cash to Seller. Edgemark Development Services, LLC/Purchased for Dental Clinic. Mountain Dental Specialties, LLC 4 N of NWC Bowles Avenue @ Simms St.Nov-15 $450,000 30,000 Zoned PD, Jefferson County; Lot in Commercial Subdivision.$15.00 Cash to Seller. Market Development Corporation/Purchased for Christian Brothers Automotive. CBH Properties Ken Caryl, LLC 5 6230 W. 38th Ave.Oct-15 $432,000 30,056 Zoned MU-N Wheat Ridge $14.37 Cash to Seller. Johnson/41 dom Vacant Lot; For Sale Sophium Real Estate, LLC 6 NW of NWC 64th Avenue at Indiana St.Sep-16 $425,000 27,007 Zoned PUD-BP, Arvada; Vacant Site.$15.74 Cash to Seller Acorn 4 Arvada Marketplace/ Doud BTS, Inc. 7 5290 W. Arizona Ave.Aug-17 $375,000 27,878 Zoned M-G-S, Lakewood.$13.45 Cash to Seller. Guzman/102 dom Previous Sale Sep-16 $220,000, or $7.89/SF. HM Rental I, LLC 8 1825-1975 Kipling St.Listing $341,000 22,651 Zoned M-E-U, Lakewood $15.05 Cash to Seller. Listing Previous Sale May-17 $165,000, or $7.28/SF 9 8399 Ralston Rd.Feb-17 $160,600 10,500 Zoned P-1, Arvada $15.30 Cash to Seller. BB Holdings Colorado, LLC/Purchased by investor to sell to adjacent owner for parking McClaflin Real Estate, LLC 2 days later Feb-17 for $200,000 or $19.05/SF. 25% increase over normal price for assemblage. Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 4 Sale Nos. 1 through 6 are the sales from the original report with only a modification for the listing is now a sale in Sale No. 1. Sale Nos. 7 through 9 are new sales generated for this update of the appraisal. All the sales are processed like they were through the original appraisal, including the application of a 10% per year time adjustment to all the sales to bring them to the current date. The adjustment grid that follows develops value indications from $14.21 to $19.36 per square foot. Weighting the new sales the most, the weighted average is $17.06 per square foot. It is important to note that the new sales indicate a lower value than the six sales from the original report. Two reasons explain this phenomenon. The new sales are generally in more marginal retail areas, and although adjustment for location has brought them more in line, the adjustment may have not been enough. And the time adjustment for the original sales at 10% per year for as long as three years results in hefty adjustments to the original sales. Property appreciation can have waned in the last year and a half, but in other segments of the Denver land market I have observed spikes in land prices and I reject a lower time adjustment. The best way to reflect the softening land appreciation, if that is what is happening, is to place a greater weight on the newer sales. Ranking the sales in descending order, with the newer sales carrying the greatest weight, the weighted average is $17.06, calculating a value estimate of ($17.06 per square foot X 25,378 square feet = ) $432,949, rounded to: VALUE ESTIMATE BY SALES COMPARISON APPROACH STANDALONE SECONDARY COMMERCIAL PREMISE $450,000 Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 5 Adjustment Grid to Compare to 38th Ave. E. of Kipling St. Sale Location Price Circumst.Subtotal Adjusted Location Layout Net Indicated No.Grantor/Grantee Per SF Time of Sale Financing Adjustments Price /Use Topography Size Adj.Value Weight Extension --- ----------------- ------- ------------------ ---------------- -------- ---------------------------- ------ -------- 1 7321 Sheridan Blvd.$19.33 110% 100% 100%110% $21.36 -10%0%0% -10% $19.22 5 $96.10 12 Interior Level Visibility to Maj. St. 2 9890 W. 44th Ave.$12.23 136% 100% 100%136% $16.62 0%0%10%10% $18.28 4 $73.13 37 Interior Level Min. Ret. Exposure 3 7960 Wadsworth Blvd.$9.65 138% 100% 100%138% $13.33 0%0%10%10% $14.67 2 $29.33 39 Interior Level Min. Ret. Exposure 4 N of NWC Bowles Avenue @ Simms St.$15.00 130% 100% 100%130% $19.56 -10%0%0% -10% $17.61 1 $17.61 32 Interior Level Visibility to Maj. St. 5 6230 W. 38th Ave.$14.37 132% 100% 100%132% $18.90 0%0%0%0% $18.90 3 $56.70 33 Interior Level Min. Ret. Exposure 6 NW of NWC 64th Avenue at Indiana St.$15.74 123% 100% 100%123% $19.36 0%0%0%0% $19.36 6 $116.19 25 Interior Level Min. Ret. Exposure 7 5290 W. Arizona Ave.$13.45 110% 100% 100%110% $14.86 20%0%0%20% $17.83 9 $160.49 12 Interior Level Min. Ret. Exposure Stagnant Retail Area 8 1825-1975 Kipling St.$15.05 90% 100% 100%90% $13.55 10%0%0%10% $14.90 7 $104.33 Listing Corner Level Visibility to Maj. St. Stagnant Retail Area 9 8399 Ralston Rd.$15.30 116% 100% 100%116% $17.76 -10%0% -10% -20% $14.21 8 $113.66 18 Corner Level Visibility to Maj. St. Column Totals:45 $767.54 Weighted Average:$17.06 Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 6 PREMIUM FOR ASSEMBLAGE Because the highest and best use is for assemblage to the corner to create a retail site for a national retailer, the value of the subject is influenced by: its proximity to the corner; the lack of adequate size of land at the corner for a national chain retail site; and the lack of other possibilities to acquire the necessary land. A premium over and above its value as a standalone secondary commercial site is warranted. The following sales are presented to demonstrate the going rate for corner locations for national retailers to construct new facilities. Sale Nos. 10 through 13 are from the original report, and Sale No. 14 was added for this update. The range is from $21.96 to $37.64 per square foot before adjustments. After making transactional adjustments (in this case just for time) the prices are $23.66 to $46.32 per square foot. The value of the assembled site of 52,036 square feet is from $30.00 to $35.00 per square foot, or between $1,230,000 to $1,820,000, rounded. Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 7 Corner Sites to National Retailers Sale Location Area Price No.Grantor/Grantee Date Price (Sq.Ft.)Comments Per SF Financing 10 5904 S. Kipling St.Dec-16 $1,450,000 56,198 Zoned PD, Jefferson County; Car Wash, 3,372 SF Demo'd $25.80 Cash to Seller. Gosch, et ux., Heckman Management/405 dom 2 Retail Buildings 5,447 SF Demo'd CVS 10782 Co., LLC Actiual Price $1,350,000 plus Demo $100K = $1,450,000. 11 280 S. Yarrow St.Jan-17 $1,650,000 55,404 Zoned M-C-U, Lakewood $29.78 Cash to Seller Suppa Properties, LLC Purchased for new retail center 17,621 SF. EGO, Inc. 12 NWC 72nd Ave. @ Sheridan Blvd.Jun-16 $705,000 18,731 Zoned PUD Westminster; Lot in a Commercial Subdivision.$37.64 Cash to Seller Cadence Development, LLC/Same-Day Sale Tepper, et ux to Cadence, $530,000, or $28.30/SF Legend Lake 7211 N Sheridan, LLC "Denny's" Restaurant now under construction. 13 3244 S. Wadsworth Blvd.Jun-16 $975,000 28,835 Zoned C-R Lakewood; "Perkins" Restaurant, 5,212 SF Demo'd $33.81 Cash to Seller. Mitchel Cory Family, LLC/Actiual Price $900,000 plus Demo $75K = $975,000. Red Robin West, Inc.Pad in Shopping Center; Purchased for new "Red Robin" restaurant. 14 Lot 8, Gateway Village, US 40 NW of I-70 Jun-17 $1,798,443 81,893 Zoned Commercial, Golden; Purchased for a convenience store; Adja $21.96 Cash to Seller Gateway Land Investment, LLC/new hotels. KG Store 319, LLC Reception # 2017064129, Jun 21, 2017 Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 8 These sales are not used to directly value the subject site. The subject has no frontage or exposure to the major thoroughfare. But assembled to the corner, it takes on the characteristics of the larger corner site. These sales represent the maximum amount of value the subject site could obtain were it included with the corner site. To build a free- standing retail store about 50,000 square feet of land area is necessary and the corner has 26,658 square feet. The subject site (25,378 square feet) is necessary to assemble to the corner to achieve this size necessary for national retail development. This puts the subject property in an advantageous negotiating position, and the premium for assemblage will be substantial. Sale No. 9 presented earlier is a new sale for this update and is cited at the first sale as a standalone site, selling for $15.30 per square foot. In the second sale two days later, it sold for $19.05 to the owner of the adjacent office building for parking. This is an increment of ($19.05 per square foot / $15.30 per square foot = ) 1.245, or 25% for assemblage. Sale No. 15, cited below, is the anatomy of a commercial land assemblage for a self-storage facility in Arvada. The assemblage of the site is summarized: Assemblage for a Self-Storage Facility Sale Location Area Price No.Grantor/Grantee Date Price (Sq.Ft.)Comments Per SF --- ---------------- -------- -------------- 15 9989 W. 60th Ave.Feb-16 to Apr-17 $2,195,000 91,089 Zoned B-2, Total Assemblage for Arvada Self Storage $24.10 Arvada Urban Renewal / 60th & Ralston, LLC Feb-16 $180,000 41,474 Vacant Site Subsidized by Arvada Urban Renewal; 838 dom $4.34 Vigil / 60th & Ralston, LLC Apr-17 $650,000 35,850 Monterrey House Restaurant; Act. Price $587K + Demo = $650K $18.13 Erickson / 60th & Ralston, LLC Mar-17 $1,365,000 13,765 3-Story Office Bldg.; Act. Price $1,250,000 + Demo = $1,365,000 $99.16 Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 9 LAYOUT OF SELF-STORAGE FACILITY SITE. The assemblage was accomplished in three parts: the original purchase at a discounted price from the Urban Renewal Authority; then a nearly simultaneous purchase over one year later of a restaurant (a large critical part of the assemblage) and an office building (a smaller part of the assemblage that enhances the layout and density but is not vital to the project). The discounted price of the original purchase makes it feasible to buy improved property and spend money on demolition. But taken altogether, the assembled price of $24.10 is more than the price paid for other self-storage sites on the Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 10 West Side of town. Because the base for measuring assemblage premium is skewed so low (the Urban Renewal price) a premium for assemblage cannot be measured. But it is clear from the price paid for the office building ($99.16 per square foot of land area) that the premium is extraordinarily high. Stated another way, the assemblage of the Urban Renewal site and the adjacent restaurant cost $830,000 for 77,324 square feet, or $10.73 per square foot of land. Adding the last 13,765 square feet of land with the office building, the cost skyrockets to $2,195,000 or $24.10 per square foot of land. The addition of 18% more land area added 164% to the assembled Urban Renewal site and the restaurant site to make the three-parcel assemblage. From a 25% premium as measured by Sale No. 9 to unquantified but exorbitant premium as measured by Sale No. 15, a 50% premium used in the original appraisal is justified. The value of the subject property in the assemblage to the corner premise is ($17.06 per square foot standalone premise X 1.5 assemblage premium = $25.59 per square foot assembled to the corner X 25,378 square feet = ) $649,423, rounded to: MARKET VALUE ESTIMATE ASSEMBLAGE TO THE CORNER PREMISE $650,000 VALUATION SUMMARY Due to the proximity of this property to the corner and its complementary layout and size with relation to the corner parcel, both the standalone secondary commercial premise and the Mr. Steve Art City of Wheat Ridge August 15, 2018 Page 11 assemblage to the corner premise are presented. Those value estimates are: MARKET VALUE ESTIMATES STANDALONE SECONDARY COMMERCIAL PREMISE $450,000 ASSEMBLAGE TO THE CORNER PREMISE $650,000 CERTIFICATION I certify that, to the best of my knowledge and belief: • The statements of fact contained in this report are true and correct; • the reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions and conclusions; • I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved; • I have performed no services as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment; • I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment; • my engagement in this assignment was not contingent upon developing or reporting predetermined results; • my compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal; • my analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Appraisal Institute’s Code of Professional Ethics and Standards of Appraisal Practice, which include the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the date of this report, Richard C. Mosier has completed the requirements of the continuing education program of the Appraisal Institute; • I have made a personal inspection of the property that is the subject of this report; and • no one provided significant real property appraisal assistance to the person signing this certification. Richard C. Mosier, MAI Colorado General Certified Appraiser #CG01313149 EXHIBIT “A” QUALIFICATIONS OF THE APPRAISER AND LIMITING CONDITIONS QUALIFICATIONS OF APPRAISER NAME : Richard C. Mosier, MAI EDUCATION : Bachelor of Science Degree in Business Administration; Building Industry and Real Estate Major; University of Denver, June, 1973. APPRAISAL DESIGNATIONS, OFFICES HELD: MAI (Member, Appraisal Institute) Certificate No. 6334, November, 1981 Appraisal Institute, Colorado Chapter, President 1991 Appraisal Institute, Region II Finance Officer 1993-2004 Appraisal Institute, Region II, Chair 2007 Appraisal Institute, National Board of Directors 2006-2007 APPRAISAL INSTITUTE CLASSROOM INSTRUCTOR: AI Basic Appraisal Principles Since 2012 AI Basic Appraisal Procedures Since 2012 AI General Sales Comparison Approach Since 2013 AI General Income Capitalization Approach, Parts 1 and 2 Since 2013 AI General Site Valuation and Cost Approach Since 2013 MEMBER OF : Denver Board of Realtors (Appraiser Member). LICENSES : Real Estate Broker in Colorado since June, 1975 Certified General Appraiser in Colorado, #CGO1313149 Certified General Appraiser in Wyoming, #376 BUSINESS AFFILIATIONS: Mac Taggart & Mosier, Inc., President 40 South Allison Street Lakewood, Colorado 80226 APPRAISAL EXPERIENCE: Appraised various types of real property including single-family homes, condominiums, apartments, shopping centers, commercial buildings, restaurants, service stations, office buildings, warehouses, manufacturing plants, motels, golf courses, subdivisions and land developments, easements, conservation easements, water rights, leased fee and leasehold estates, and special purpose, residential, commercial and industrial land. Qualified expert witness in District Courts of Denver, Arapahoe, Boulder, Douglas, Elbert and Jefferson Counties, Federal Bankruptcy Court, various arbitration proceedings. CAREER HISTORY: Associated with C. K. Mac Taggart, MAI, since graduating from college in 1973 in a research analyst capacity until 1976. Served as an associate appraiser until July, 1980, when Mac Taggart and Mosier, Inc., was formed. REPRESENTATIVE LIST OF APPRAISAL CLIENTS: AAA Colorado ANB Bank Bank of the West Boulder County Board of Equalization Broomfield County Board of Equalization City of Lakewood City of Wheat Ridge City of Centennial Colorado State Bank Colorado Department of Transportation Colliers International Comerica Bank Denver Health and Hospitals Denver Lumber Company Douglas County Douglas County Board of Equalization Federal Deposit Insurance Corporation Fidelity National Title First Citizen’s Bank FirstBank GE Capital National Home State Bank Jefferson County Dept. of Highways Jefferson County Open Space Kansas State Bank Metro West Housing Solutions PCV Murcor Sage Capital Town of Loveland Town of Silverthorne UMB Bank Wells Fargo Trust Department Various Private Individuals LIMITING CONDITIONS AND ASSUMPTIONS 1. Title to the property is assumed to be good and marketable. 2. No responsibility for legal matters is assumed, nor is the appraiser(s) required to give testimony or appear in court unless prior arrangements have been made in writing. If any courtroom or administrative testimony is required in connection with this report, an additional fee shall be charged for those services. 3. All information in this report has been obtained from reliable sources. The appraiser(s) cannot, however, guarantee or be responsible for the accuracy of the information furnished by others. 4. Sketches in this report are intended for illustrative purposes only. 5. If the property being appraised is a fractional interest(s) of real estate, it, when added to the value of any other fractional interest(s), may or may not equal the value of the entire fee simple estate. 6. If the property being appraised is a geographical portion of a larger parcel, it, when combined with the remaining geographical portion(s), may or may not equal the value of the whole. 7. One (or more) of the signatories of this appraisal report is a member of the Appraisal Institute. The Bylaws and Regulations of the Institute require each member to control the use and distribution of each appraisal report signed by such member. The party for whom this appraisal report was prepared may distribute copies of this report, bearing original signature(s), only in its entirety. Such copies that are distributed must contain all exhibits including these limiting conditions and assumptions. 8. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales, or other media without the written consent and approval of the appraiser(s), particularly as to valuation conclusions, the identity of the appraiser(s) or firms with which connected, or any reference to the Appraisal Institute or to the MAI or SRA designations. 9. The distribution of the total valuation in this report between land and improvements applies only under the existing utilization and zoning of the property. Land and improvements are not severable for other valuation purposes. 10. Mechanical, electrical and plumbing systems in the improvements are presumed to be in operating condition, and no liability for the malfunction of those items is assumed by the appraiser(s). A qualified engineer is recommended for an opinion of serviceability and adequacy of those components. 11. (For proposed improvements). Completion as per the plans and specifications submitted and construction to start within a reasonable time period from the date of this report. 12. (For proposed improvements). The appraiser(s) reserves the right to inspect the subject improvements when completed to verify conformance with the plans and specifications upon which this appraisal is based. 13. Soils conditions, underground or concealed hazardous materials, or other features of the property not visibly apparent are not investigated by the appraiser(s) unless it is specifically addressed in the report. Any damages arising from such defects in the property is without warranty or liability of the appraiser(s). 14. Any damages incurred by the use of or reliance on the appraisal report is without warranty or liability except for the amount of the fee paid to the appraiser(s). 15. By the use of or reliance on this appraisal report, such user is assumed to have read and agrees to these 15 numbered limiting conditions and assumptions. END OF APPRAISAL REPORT AND EXHIBITS T. N.'T. CROWLEY & ASSOCIATE,S October 3, 2018 Steve Art Executive Director Wheat Ridge Urban Renewal Authority 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Steve - Please accept this letter as confirmation of TMC Colorado 2, LLC's agreement with the appraisal price of $650,000 contained in the updated August 15, 2018 appraisal from MacTaggart and Mosier to the City of Wheat Ridge. TMC Colorado 2, LLC is currently under contract with the other parcels necessary to complete the development of a CVS Pharmacy and the relocation and development of the AppleRidge Caf6. The above price would be subject to further contingencies regarding the development timeline and permitting of the aforementioned developments and assistance from the Wheat Ridge Urban Renewal Authority. Please let me know if you have any further questions. Thank you, il/ NaarLto Executive Vice President of Real Estate Development T.M. Crowley and Associates 5O'1 PEN NSYLVANIA PARKVVAY - SUITEl60 y. \'' w. t n cr a v, le y. c o m ,i(317)7O5-aaOO . 1 t317)7O5-AAO1 ATTACHMENT 5 kimley-horn.com 4582 South Ulster Street, Suite 1500, Denver, CO 80237 303 228 2300 October 9, 2018 Wheat Ridge Urban Renewal Authority 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Attn: Mr. Steve Art Executive Director Re: SEC 38th & Kipling Redevelopment Trip Generation Comparison Letter Dear Mr. Art: This letter documents a comparison of trip generation of a proposed redevelopment to occur on the southeast corner of the 38th Avenue and Kipling Street intersection in Wheat Ridge, Colorado. Apple Ridge Café exists directly on this corner, and a vacant parcel is located to the east of this existing restaurant. A redevelopment is proposed which would include replacing the existing restaurant and vacant parcel with a proposed approximate 13,111 square foot pharmacy with drive-through window. Apple Ridge Café is approximately 3,000 square feet. It is believed that the existing vacant parcel to the east could and would likely otherwise develop into a 3,000-square foot fast food restaurant with drive through if this redevelopment project were not to occur. Therefore, a trip generation comparison between the existing 3,000 square foot Apple Ridge Café sit down restaurant and possible adjacent 3,000 square foot fast food restaurant with drive through was compared to a pharmacy with drive through use. Site-generated traffic estimates are determined through a process known as trip generation. Rates and equations are applied to the existing and proposed land uses to estimate traffic generated by the development during a specific time interval. The acknowledged source for trip generation rates is the Trip Generation Manual1 published by the Institute of Transportation Engineers (ITE). ITE has established trip rates in nationwide studies of similar land uses. Trip generation was based on the ITE Trip Generation, 10th Edition (most current edition) average rate equations for high-turnover sit-down restaurant (ITE Code 932) for the Apple Ridge Café restaurant, fast-food restaurant with drive-through (ITE Code 934) for the adjacent vacant parcel to represent development potential, and Pharmacy/Drugstore with Drive-Through Window (ITE Code 881) for this proposed redevelopment project to provide a comparative analysis. The following table summarizes the anticipated trip generation for the proposed 13,111 square foot pharmacy with drive through window compared with the existing 3,000 square foot Apple Ridge Café restaurant and possible adjacent 3,000 square foot fast food restaurant with drive-through window (trip generation calculations are attached). 1 Institute of Transportation Engineers, Trip Generation Manual, Tenth Edition, Washington DC, 2017. ATTACHMENT 6 Mr. Art 096375030 Page 2 kimley-horn.com 4582 South Ulster Street, Suite 1500, Denver, CO 80237 303 228 2300 Trip Generation Comparison Apple Ridge Café and Adjacent Fast Food Restaurant to Pharmacy with Drive Through (proposed restaurant) USE AND SIZE DAILY VEHICLE TRIPS WEEKDAY VEHICLE TRIPS AM Peak Hour PM Peak Hour In Out Total In Out Total Existing & Possible Uses – Apple Ridge Café and Adjacent Fast Food Restaurant Sit-Down Restaurant (932) 3,000 Square Feet 338 16 14 30 18 11 29 Fast Food Restaurant w/ DT (934) 3,000 Square Feet 1,414 62 59 121 51 47 98 Total 1,752 78 73 151 69 58 127 Proposed Use – Pharmacy with Drive Through Pharmacy/Drugstore W DT (881) 13,111 Square Feet 1,432 26 24 50 68 68 136 Net Difference in Trips -320 -52 -49 -101 -1 +10 +9 As summarized in the table, the currently proposed redevelopment of the southeast corner of the 38th Avenue and Kipling Street intersection to a pharmacy with drive through would be anticipated to generate 1,432 daily weekday trips with 50 trips occurring during morning peak hour, and 136 trips occurring during the afternoon peak hour based on ITE equations and data. Based on the ITE equations for the existing Apple Ridge Café sit-down restaurant and a possible adjacent fast food restaurant with drive through, the proposed pharmacy redevelopment is anticipated to generate less traffic over an average weekday and during the morning peak hour, with slightly more traffic generated during the afternoon peak hour. The change in use is anticipated to account for a decrease of approximately 320 daily trips, a decrease of 101 trips in the morning peak hour, and an increase of 9 trips during the afternoon peak hour. Important to note, it is believed that the traffic generated by the existing Apple Ridge Café may be greater than the volumes predicted from the ITE equations due to the known busyness of the restaurant and the amount of parking provided on site. In summary, this traffic study letter provides a trip generation comparison for a proposed pharmacy with drive through redevelopment to be located on the southeast corner of the 38th Avenue and Kipling Street intersection in Wheat Ridge, Colorado. The redevelopment is anticipated to decrease daily and morning peak hour traffic, but only slightly increase traffic to the project site during the afternoon peak hour. If you have any questions or require anything further, please feel free to call me at (303) 228-2304. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Curtis D. Rowe, P.E., PTOE Vice President 10/09/2018 Project Apple Ridge Café Subject Trip Generation for High-Turnover (Sit-Down) Restaurant Designed by Curtis Rowe Date September 26, 2018 Job No. Checked by Date Sheet No.1 of 1 TRIP GENERATION MANUAL TECHNIQUES ITE Trip Generation Manual 10th Edition, Average Rate Equations Land Use Code - High Turnover Sit-Down Restaurant (932) Independant Variable - 1000 Square Feet Gross Floor Area (X) Gross Floor Area =3,000 Square Feet X = 3.000 T =Average Vehicle Trip Ends Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. (900 Series Page 97) Average Weekday Directional Distribution:55% ent. 45%exit. T = 9.94 (X)T =30 Average Vehicle Trip Ends T = 9.94 *3.000 16 entering 14 exiting Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. (900 Series Page 98) Average Weekday Directional Distribution:62% ent. 38%exit. T = 9.77 (X)T =29 Average Vehicle Trip Ends T = 9.77 *3.000 18 entering 11 exiting Weekday (900 Series Page 96) Average Weekday Directional Distribution: 50% entering, 50% exiting T = 112.18 (X)T =338 Average Vehicle Trip Ends T = 112.18 *3.000 169 entering 169 exiting P.M. Peak Hour of Generator (900 Series Page 100) Average Weekday Directional Distribution:52% ent. 48%exit. T = 17.41 (X)T =52 Average Vehicle Trip Ends T = 17.41 *3.000 27 entering 25 exiting Saturday Peak Hour of Generator (900 Series Page 105 Average Saturday Directional Distribution:51% ent. 49%exit. T = 11.19 (X)T =34 Average Vehicle Trip Ends T = 11.19 *3.000 17 entering 17 exiting Non Pass-By Trip Volumes (Per ITE Trip Generation Handbook, 3rd Edition September 2017-Page 207) AM Peak Hour =57%Non-Pass By PM Peak Hour =57%Non-Pass By IN Out Total AM Peak 9 8 18 PM Peak 10 6 17 Daily 96 96 192 PM Peak Hour Rate Applied to Daily Pass-By Trip Volumes (Per ITE Trip Generation Handbook, 3rd Edition September 2017 -Page 207) AM Peak Hour =43%Pass By PM Peak Hour =43%Pass By IN Out Total AM Peak 7 6 14 PM Peak 8 5 13 Daily 73 73 146 PM Peak Hour Rate Applied to Daily Project SEC 38th & Kipling Subject Trip Generation for Fast-Food Restaurant with Drive-Through Window Designed by CDR Date October 09, 2018 Job No. Checked by Date Sheet No.1 of 1 TRIP GENERATION MANUAL TECHNIQUES ITE Trip Generation Manual 10th Edition, Average Rate Equations Land Use Code - Fast Food Restaurant With Drive-Through Window (934) Independant Variable - 1000 Square Feet Gross Floor Area (X) Gross Floor Area = 3,000 Square Feet X =3.000 T = Average Vehicle Trip Ends Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. (900 Series page 158) Average Weekday Directional Distribution: 51%ent.49%exit. T = 40.19 (X)T =121 Average Vehicle Trip Ends T = 40.19 * 3.000 62 entering 59 exiting 62 +59 (*) =121 Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. (900 Series page 159) Average Weekday Directional Distribution: 52%ent.48%exit. T = 32.67 (X)T =98 Average Vehicle Trip Ends T = 32.67 * 3.000 51 entering 47 exiting 51 +47 =98 Weekday (900 Series page 157) Average Weekday Directional Distribution: 50% entering, 50% exiting T = 470.95 (X)T =1414 Average Vehicle Trip Ends T = 470.95 * 3.000 707 entering 707 exiting 707 +707 =1414 Saturday Peak Hour of Generator (900 Series page 163) Directional Distribution: 51%ent.49%exit. T = 54.86 (X)T =165 Average Vehicle Trip Ends T = 54.86 * 3.000 84 entering 81 exiting 84 +81 =165 Non Pass-By Trip Volumes (Per ITE Trip Generation Handbook, 3rd Edition September 2017) AM Peak Hour =51%Non-Pass By PM Peak Hour =50%Non-Pass By IN Out Total AM Peak 32 30 62 PM Peak 26 24 49 Daily 354 354 708 PM Peak Hour Rate Applied to Daily Pass-By Trip Volumes (Per ITE Trip Generation Handbook, 3rd Edition September 2017) AM Peak Hour =49%Pass By PM Peak Hour =50%Pass By IN Out Total AM Peak 30 29 59 PM Peak 26 24 49 Daily 353 353 706 PM Peak Hour Rate Applied to Daily Project SEC 38th & Kipling Subject Trip Generation for Pharmacy/Drugstore with Drive-Through Window Designed by Date Job No. Checked by Sheet No.of TRIP GENERATION MANUAL TECHNIQUES ITE Trip Generation Manual 10th Edition, Average Rate Equations Land Use Code - Pharmacy/Drugstore with Drive-Through Window (881) Independant Variable - 1000 Sq. Feet Gross Floor Area (X) SF= X = T = Average Vehicle Trip Ends Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. (page Series 800 Page 562) Average Weekday Directional Distribution: ent.exit. T = 3.84 (X)T =50 Average Vehicle Trip Ends (T) = 3.84*(13.1)entering exiting += Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. (Series 800 page 563) Average Weekday Directional Distribution: 50%ent.50%exit. T = 10.29 (X)T =Average Vehicle Trip Ends (T) = 10.29 *(13.1)entering exiting +=136 Weekday (Series 800 page 561) Average Weekday Directional Distribution: 50% entering, 50% exiting T =Average Vehicle Trip Ends (13.1)entering exiting 716 +716 =1432 Directional Distribution: ent.exit. T =108 Average Vehicle Trip Ends (13.1)53 entering 55 exiting 53 +55 =108 Non-Pass-by Trip Volumes (page 63, ITE Trip Generation Handbook, December 2012) PM Average Pass By Percentage:51%Pass By IN Out Total AM Peak 25 PM Rate Applied to AM Peak PM Peak 69 Daily 732 PM Rate Applied to Daily Saturday 55 PM Rate Applied to Saturday Pass-by Trip Volumes (page 63, ITE Trip Generation Handbook, December 2012) PM Average Pass By Percentage:49%Pass By IN Out Total AM Peak 24 PM Rate Applied to AM Peak PM Peak 67 Daily 702 PM Rate Applied to Daily Saturday 53 PM Rate Applied to Saturday26 351 33 27 351 33 1213 28 365 13 27 365 T = 8.20 (X) (T) = 8.20 * 35 53%47% 12 35 Saturday Peak Hour of Generator (page 1807) 68 136 2426 26 24 50 716 68 51%49% 13.111 13111 T = 109.16 (X) (T) = 109.16 *716 1432 68 68 ITEM NO: DATE: December 10, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT AND APPROVE SUBSEQUENT PAYMENTS TO HDR ENGINEERING, INC., DENVER, CO, IN THE AMOUNT OF $1,344,394.91 FOR PROFESSIONAL SERVICES FOR ROW ACQUISITION SERVICES FOR THE WADSWORTH BOULEVARD IMPROVEMENT PROJECT 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. The Environmental Assessment (EA) is currently being reviewed and is expected to be finalized in early 2019. Preliminary and final design has begun and is expected to be completed in early 2020. The project also includes a significant number of right-of-way (ROW) acquisitions. Professional ROW acquisition services are required to complete those acquisitions. PRIOR ACTION: On October 12, 2015, the Council adopted the Planning and Environmental Linkage Study (PEL) that identified traffic congestion and safety issues, developed multi-modal solutions, and identified related environmental issues and mitigation measures that needed further assessment. Council Action Form – Wadsworth ROW Acquisition Services December 10, 2018 Page 2 Also on October 12, 2015, an Intergovernmental Agreement (IGA) with CDOT was approved by Council, authorizing the environmental, design, and ROW acquisition phases. On March 28, 2016, Council approved a contract with HDR to complete Phase I, the survey, conceptual (30%) design and plans, and prepare the Environmental Assessment (EA). In 2017, additional work was identified involving the historical status of several properties along the Wadsworth Corridor. Amendments to the HDR contract were approved by Council on May 22, 2017 and November 13, 2017. On August 27, 2018, Council approved a contract with HDR to continue to work on the project to complete the preliminary and final design, including the preparation of construction plans and obtaining necessary State and Federal approvals. FINANCIAL IMPACT: In April 2015, the City was awarded a grant in the amount $31.6 million through the DRCOG Transportation Improvement Program. The City’s required local match for that grant is $6,320,000. In early 2017, the City was awarded a Highway Safety Improvement Program (HSIP) grant for $2,600,000 to construct the medians with a federal share of $2,340,000. CDOT is covering the local match of $260,000 because Wadsworth Boulevard is a state highway. CDOT has also committed to providing $4,100,000 in additional funding that was previously programed for maintenance on this portion of Wadsworth Boulevard. The original HDR contract included a 10% contingency that was used to analyze and incorporate the Continuous Flow Intersections (CFI) into the design. In addition to the two historical related contract amendments that Council approved during Phase I, City staff has administratively approved two smaller amendments for HDR to complete an application for a Federal TIGER grant and also to perform value engineering during Phase I, rather than waiting for Phase II. The HDR contracts and amendments are as follows: Original Phase I Contract $1,200,164.20 Council CFI Intersections $120,000.00 Original contract contingency TIGER grant application $40,000.00 Administrative Historical evaluations $179,984.46 Council Historical evaluations $269,922.12 Council Value Engineering $49,620.58 Administrative Phase II Contract $2,144,930.12 Council Total HDR contract $4,004,621.48 In late November 2018, City staff administratively approved an early action $72,600 scope and fee with HDR to order the required 66 title commitments. Obtaining title commitments is a long lead item and must be completed before most other acquisition work can be done. Proposed funding for ROW acquisition for the project is budgeted over several years in both the Capital Improvement Program (CIP) and 2E Bond Fund. Council Action Form – Wadsworth ROW Acquisition Services December 10, 2018 Page 3 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 a Transportation Improvement Program (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 Planning and Environmental Linkage Study (PEL) 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 Final Recommended Alternative (FRA) from the PEL study identified the improvements needed to widen Wadsworth Boulevard between 35th and 48th Avenues to six travel lanes, to provide additional turning capacity at the key congested intersections at 38th and 44th Avenues, and install medians to better manage access. Bicycle and pedestrian facilities were also included to add facilities for additional modes of transportation. 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), which is the federally required process to approve a final roadway design. The consultant team, City staff, and CDOT started working to investigate and resolve issues identified in the PEL. In particular, the need to improve the traffic capacity at the major intersections of 38th Avenue and 44th Avenues was addressed further. Most of the elements from the FRA were kept and have moved forward through the EA process; however, a couple of major items were changed or added. In response to needing additional capacity at the 38th and 44th Avenue intersections, the design of those intersections was changed from a traditional signalized design with double left turn lanes on all four legs of the intersection, to CFIs. The CFI intersection designs were determined to be a better solution to increase capacity and have the least impact to adjacent parcels. Also a pedestrian connection was added to the Clear Creek Trail on the east side. These changes were included in the update to Council at the March 20, 2017 Study Session. An update on the environmental process was provided to the Council at the April 16, 2018 Study Session. The Value Engineering (VE) workshop held in May 2018 was also discussed. The results of the VE workshop were then discussed with Council at the June 4, 2018 Study Session. The VE workshop outcomes that were accepted to move forward were to replace the sidewalk/2-way cycle track with a combined wide multi-use path, reduce the median and amenity zone widths, revise the access at 47th/48th Avenues, and revise the retaining wall design at the north end of the project. The VE workshop is required for projects that receive federal funding that have a total cost exceeding $40 million. The draft EA has been reviewed and approved by CDOT staff and was recently submitted to the Federal Highway Administration (FHWA) for review and approval. The EA is expected to be Council Action Form – Wadsworth ROW Acquisition Services December 10, 2018 Page 4 finalized in early 2019, with a public hearing being held in late February 2019. The decision document, which is expected to be a Finding of No Significant Impact (FONSI), will follow soon after with approval expected in June 2019. The preliminary design has started with an internal kick-off meeting held with City and consultant staff on November 9, 2018. An official kick-off with CDOT staff will be held on December 11, 2018. Award of the third and final phase of the project, construction assistance, will be presented to Council for approval at a later date. The City retains the option to continue working with the awarded firm, HDR Engineering, Inc., for Phase III with the scope and fee being negotiated at that time. HDR was recently selected by the City’s established procurement process to perform the required ROW acquisition professional services. The selection process included review of proposals in response to a request for qualifications by an evaluation committee. Staff negotiated with HDR to finalize the scope and fees for the anticipated work. RECOMMENDATIONS: The consultant selection, based on qualifications, project approach, and experience on similar projects and services, is consistent with the City’s standard procurement policy and process for professional services for ROW acquisition. Appropriate fees for the work were then negotiated in accordance with the specific tasks and services needed. Staff recommends award of the ROW Acquisition Consultant Contract to HDR Engineering, Inc. RECOMMENDED MOTION: “I move to award a contract and approve subsequent payments to HDR Engineering, Inc., Denver, CO, in the amount of $1,344,394.91 for professional services for ROW acquisition services for the Wadsworth Boulevard Improvement Project.” Or “I move to deny award of the contract to HDR Engineering, Inc., Denver, CO, in the amount of $1,344,394.91 for professional services for ROW acquisition services for the Wadsworth Boulevard Improvement Project 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. Scope of Work and Fee Proposal, ROW Acquisition Services, November 28, 2018 hdrinc.com November 28, 2018 City of Wheat Ridge – Public Works Attn: Mark A. Westberg, PE, CFM 7500 West 29th Avenue What Ridge, CO 80033 RE: Modified Scope of Work and Fee Proposal for Right-of-Way Services for Wadsworth Widening: West 35th Avenue to I-70 Dear Mark, This letter follows yesterday’s telephone conference. One November 16, 2018, we submitted a scope of work and fee estimate for Right of Way Services for Wheat Ridge’s project widening Wadsworth, from W. 35th Avenue to I-70 for two scenarios: (i) one that assumes three full acquisitions ($1,296,359 total fee), and (ii) one that assumes eight full acquisitions ($1,416,995 total fee). The projected time frame for a notice to proceed on a contract for these services is January 2019. As detailed in a separate letter to you of today’s date, this previously submitted a scope of work and fee estimate for Right of Way Services for the Wadsworth project will be reduced by $72,600 to allow for an early action administrative approval contract to order title commitments. After this $72,600 deduction, we are providing a modified scope of work and fee proposal for the two scenarios as follows: (i) the one that assumes three full acquisitions has been reduced to $1,223,759, and (ii) the one that assumes eight full acquisitions has been reduced to $1,344,395. Such modified scopes of work and fee proposals are attached Changes between the attached scopes of work and the scopes submitted on November 16, 2018, appear in the assumptions to Task 2.2 on pages 4 and 5 of the scopes of work. Changes between the attached fee proposals and the fee proposals submitted on November 16 appear under 4.A Outside Services Rates (Subconsultants). The fee for title companies is now $26,400. ATTACHMENT 1 Please let me know if you have any questions. Sincerely, Greg Jamieson Senior Right of Way Manager Attachments: Scope of Work and Fee proposals for Two Scenarios SCOPE OF WORK WADSWORTH BLVD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITION (3 FULL ACQUISITIONS) 1 SECTION 1: PROJECT SPECIFIC INFORMATION PROJECT BACKGROUND The City of Wheat Ridge (City) has been working for several years to improve SH 121 / Wadsworth Boulevard (Wadsworth). In 2015, they produced a Planning and Environmental Linkages (PEL) study for the portion of Wadsworth Boulevard from West 35th Avenue to I-70. Also in 2015, the City secured a DRCOG TIP grant providing the majority of the funding for construction and executed an intergovernmental agreement (IGA) with CDOT outlining the framework for reconstruction of Wadsworth. A major part of the project is to reconstruct Wadsworth to a 6-lane section, provide better multimodal facilities, and provide enhanced amenity zones along the corridor (Project). A template Environmental Assessment (EA) is in process. Conceptual level design of the Project has been completed. Preliminary design has begun. Final design, 100% Advertisement Plans, Specifications & Estimate (PS&E) for the project advertisement, bidding assistance and Design Services During Construction (DSDC) will follow. Significant right of way (ROW) acquisition and relocation is needed for the project. Initial estimates indicate that ROW acquisition will be needed from 64 ownerships. Eight (8) of these are identified as full acquisitions in the draft EA, however only three (3) of the eight (8) are definitely full acquisitions. This scope of work assumes three full acquisitions. Two businesses will be displaced by the full acquisitions (one full acquisition is not improved or occupied) and one resident will be displaced by one of the partial acquisitions. This scope of work assumes two business relocations, one residential relocation, and ten (10) personal property only relocations. This scope of work is for HDR and its subconsultants (ROW Team) to define, value and purchase the ROW needed for the Project and the relocate the businesses, resident and personal property displaced by some of the acquisitions. The ROW Team will provide the work described in this document. PROJECT GOALS The goals of the ROW acquisition for the Project are to timely acquire the ROW needed for the project and conduct required relocations to support the preconstruction schedule while providing considerate treatment to affected property owners and displaced occupants. PROJECT LIMITS Wadsworth from 35th Ave to I-70 interchange WORK DURATION The primary time period for the work is estimated to begin in January 2019 and end by a ROW clearance in January 2020. An additional time period from January 2020 may be needed to resolve acquisitions through condemnation, if needed. The estimated time period for the extension is through January 2021. ROW TEAM RESPONSIBILITIES AND DUTIES  Preparation and Approval of ROW Plans  Valuation of ROW Parcels SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (3 FULL ACQUISITIONS) 2  Acquisition Negotiation for ROW Parcels  Relocation of Displaced Persons, Businesses and Personal Property WORK PRODUCT  ROW Schedule  ROW Budget  ROW Project Coordination with City, and CDOT as needed  Meeting Minutes  Right of Way Plans  Appraisals, Waiver Valuations, Fair Market Value Determinations  Acquisition Files, Including Offer Packets, Agreements, Conveyance Deeds, Easement Agreements, Negotiation Logs  Relocation Files, Including Relocation Planning Studies, 90-Day and 30-Day Notices, Relocation Determinations, Relocation Claims and Relocation Negotiation Logs  Condemnation Request Packages (If needed) Requirements are further described in the sections that follow. TABLE OF CONTENTS This scope of work will consist of the following seven tasks: 1. ROW Project Management, Meetings and Coordination. 2. Title Services - Obtain title commitments from a subconsultant title company, which will be used to identify liens and encumbrances for the parcels to be acquired for the preparation of ROW plans and legal descriptions for the ROW parcels. 3. ROW Plans - Subconsultant professional land surveying company (PLS) to prepare ROW plans and legal descriptions for the ROW parcels. 4. Valuation - Subconsultant appraisers will prepare appraisals for the ROW parcels. Such appraisals will be reviewed by the Colorado Department of Transportation (CDOT). Waiver Valuations will be prepared for ROW parcels that qualify for this valuation method. 5. Acquisition Negotiation – negotiations with landowners to acquire the ROW parcels. 6. Closings – a subconsultant title company will conduct closings for acquisitions with consensual agreements. 7. Relocation – relocate displaced residences, businesses and personal property Note: No tasks and fees are included in this scope of work and fee proposal to cover property management of properties acquired. If the City requests HDR to assist with securing SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (3 FULL ACQUISITIONS) 3 improvements on acquired property and demolishing such improvements, a separate task order will be needed to cover such tasks. TASK 1: ROW PROJECT MANAGEMENT, MEETINGS AND COORDINATION Task 1.1 Project Records Set Up Set up internal project recordkeeping, parcel files and external tracking sheets. Task 1.2 Subconsultant Management This task covers the negotiation and management of contracts with Lund Partnership for ROW plans, a subconsultant sign company for sign cost estimates, and the subconsultant title companies for title and closing. It does not cover negotiation and management of contracts with subconsultant appraisers. That task is included in in Section 4.3 below. Task 1.3 Invoicing Prepare, review and provide to City monthly invoices. This task includes reviewing, processing and paying subconsultants on their subconsultant contracts including invoicing and paying appraisal subconsultants. Deliverables:  24 monthly invoices Task 1.4 ROW Kickoff Meetings The ROW Team will conduct a ROW kickoff meeting with the City and a separate ROW kickoff meeting with the City and CDOT. An initial ROW Project schedule and budget will be prepared and discussed at these meetings. ROW forms to be used will be identified at these meetings. City and CDOT approvals and approvers will be identified at these meetings. Following the kickoff meetings, HDR will compile and send out minutes for the meetings. Deliverables:  One ROW project schedule  One ROW project budget  Two meeting agendas  Preparation of minutes from two meetings Task 1.5 Early Acquisitions, Incentive Programs and Meetings re: the Same Early Acquisitions – HDR will conduct two meetings with the City (CDOT can be included, if needed) to determine if any full acquisitions identified in the draft Environmental Assessment (EA) can be converted to partial acquisitions. After such decisions are made, HDR will prepare and submit to the City and CDOT written requests for approval to start on such early acquisitions. Incentive Program – At the same two meetings described above, HDR will discuss the parameters for an acquisition and relocation incentive program for the Project. After decisions are made on proposed incentive programs, HDR will prepare and submit to the City and CDOT written requests for approval of the incentive programs. Project schedule and budget will be prepared and discussed at these meetings. ROW forms to be used will be identified at these meetings. City and CDOT approvals and approvers will be identified at these meetings. Following the meetings, HDR will compile and send out minutes of the meetings. SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (3 FULL ACQUISITIONS) 4 Deliverables:  Two meeting agendas  Preparation of minutes from two meetings  Written request for approval of early acquisitions  Written request for approval of incentive programs Task 1.6 External Project Coordination Meetings HDR and the City (and CDOT, if needed) will meet as required (typically two meetings per month for the first year of the contract) to monitor progress on the ROW process, discuss issues and obtain required City decisions. Discussion items may include, modifications to the schedule and budget, progress on ROW phases (ROW plans, valuation, acquisition negotiation, relocation and condemnation), review of acquisition and relocation tracking sheets, responses to counteroffers, strategies for challenging negotiations, relocations and responses other issues and problem solving. Following the coordination meetings, HDR will compile and send out minutes of the meeting. Deliverables:  24 Meeting agendas  Preparation of minutes from 24 meetings  Updated ROW schedule, as needed  Updated ROW budget, as needed  Acquisition tracking sheets, updated as needed  Relocation tracking sheets, updated as needed Task 1.7 Internal Coordination This task is for HDR’s tasks associated with managing the project. This task includes the ROW Team’s internal coordination with the environmental and design teams, internal ROW Team meetings, updating acquisition and relocation tracking sheets, updating the ROW Project schedule and budget, as needed. TASK 2: TITLE COMMITMENTS Task 2.1 Coordinate, Order and Distribute Title Commitments Work with the City and Lund Survey to identify title commitments needed. Order title commitments from selected Title Company(s) and distribute accordingly. HDR will work with the City to determine if it is necessary to order title commitments from multiple title companies. Request title commitment updates as needed. Task 2.2 Review Title Commitments Review title commitments for financial liens and other encumbrances relevant to the acquisitions. Title Subconsultant(s) Deliverable No. 1:  66 title commitments from selected subconsultant title companies. Assumptions: - 66 title commitments will be needed. The assumed cost is $99,000 ($1,100/commitment + updates X 66 commitments + $26,400 for cost overruns and updates). $72,600 of this fee will be under a separate early action administrative approval contract. The remaining $26,400 of this fee SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (3 FULL ACQUISITIONS) 5 is included fee in this scope of work and the associated fee proposal. This number may change as the design advances and ROW impacts are better defined. If more than 66 title commitments are needed, additional fee will need to be negotiated. - O&E reports may be substituted for commitments where only temporary impacts are anticipated as agreed to by City. - Up to four updates per title commitment, as needed. TASK 3: ROW PLANS Task 3.1 ROW Plans and Legal Descriptions for Early Acquisition Parcels HDR coordination with Professional Land Surveying (PLS) subconsultant, Lund Partnership (Lund) to prepare streamlined ROW plans for Advanced Acquisition Parcels (AP Parcels) as allowed by the CDOT ROW Manual. Prepare documents required for submittal of formal request to CDOT for approval of AP Parcels. Subconsultant PLS (Lund) Deliverable No. 1 – AP Parcels ROW Plans  Streamlined AP Parcels ROW plans. Assumptions: - AP Parcels will be prepared for three (3) full acquisitions as early acquisitions. Task 3.2 Coordinate with Design Team and Lund on ROW Parcels Coordinate with the Project Design Team and Professional Land Surveying (PLS) subconsultant, Lund Partnership (Lund), to make design decisions relevant to ROW parcel configuration and to determine size, shape, location and type of parcels to be acquired. Coordinate with CDOT, if needed. Make decisions on full vs. partial acquisitions. Task 3.3 Right of Way Plan Review (ROWPR) Review draft ROW plan set. Schedule and facilitate a ROWPR. Include City personnel, Project environmental and design team personnel, CDOT PM, ROW and others, as needed. Task 3.4 ROW Plans Approval After changes from the ROWPR have been made, reviewed and approved, prepare documents required for submittal of formal request to CDOT for ROW Plan approval. Coordinate with CDOT and respond to questions to obtain approval. Task 3.5 Modifications to ROW Plans Modifications to ROW plans are sometimes necessary after approval as a result of changes in ownerships and changes in parcel configuration. This task covers coordination and approval of such modifications, if any. Subconsultant PLS (Lund) Deliverable No. 2 – ROW Plans  A full set of ROW Plans for ROW parcels needed for the Project prepared in compliance with the CDOT ROW Manual. SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (3 FULL ACQUISITIONS) 6 Subconsultant PLS Deliverable No. 3 – Legal Descriptions  Legal descriptions for ROW parcels needed for the Project prepared in compliance with the CDOT ROW Manual. Assumptions: - Lund will need to do some field survey to obtain information needed for preparation of the ROW plans. - The initial estimate is that there will be ROW parcels from 64 ownerships in the ROW plans, and 145 legal descriptions delivered. These numbers may change as the design advances and ROW impacts are better defined. If more than 64 ownerships and 145 legal descriptions are required, additional fee will need to be negotiated. TASK 4: PARCEL VALUATIONS Task 4.1 Research and Planning Evaluate preliminary impacts and cost with respect to appraisals. Conduct field inspection to verify property impacts and characteristics including outdoor advertising signs, significant property improvement impacts, potential damages including parking and field verify characteristics of potential total acquisition appraisals. Develop inventory by ownership of key impacted improvements and potential damages or action items. Deliverables:  Spreadsheet of property ownerships with inventory of preliminary property impacts to address project action items. Task 4.2 Sign Cost Estimates and Sign Consulting Prior to issuing notices to proceed for subconsultant appraisers as set forth in Task 4.3 below, HDR will contract and coordinate with a sign company subconsultant for sign cost estimates for outdoor advertising and private directional signs impacted by the project. Estimates will include, replacement cost new and relocation cost estimate. HDR will coordinate inspections, preparation, format and review of the estimates with the sign company. HDR will provide a quality control review of sign estimates, which upon completion will be distributed to the City of Wheat Ridge, CDOT appraisal review. Upon their review the estimates will be distributed to SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (3 FULL ACQUISITIONS) 7 the assigned agency appraisers and acquisition agent for distribution to land owners should they choose to provide it to their appraisers. Information on signs will be promptly delivered to the City for its review. HDR will consult with the City for the appropriate approach to be taken on sign relocations generally and on how to handle certain case specific sign situations. Subconsultant (sign company) Deliverables:  Up to of 40 sign cost estimates Assumptions - Not to exceed 40 sign cost estimates at $375 / estimate ($15,000). - Signs will be classified as real property. - City will provide sign policy. Task 4.3 Appraisal Planning and Management Delivery of Subconsultant Appraisals This Task is to coordination efforts to plan and retain qualified subconsultant appraisal firms to deliver agency appraisals. Appraisals will be prepared in compliance with generally accepted standards of appraisal practice, the URA and CDOT policies and procedures. HDR will utilize property data and information from field inspections (Task 4.1) to bundle appraisals into groups based on acquisition priority, property characteristics and potential damages. HDR will review proposed bundles with City of Wheat Ridge for allocation of appraisal bundles to subconsultant appraisers. Upon approval of appraisal bundles, HDR will solicit proposals from appraisal subconsultants. Upon receipt of appraisal proposals, HDR will review proposals and provide summary of proposals and agency appraisal costs to the City. HDR will coordinate with the City of Wheat Ridge to determine award of appraisal bundles. HDR will prepare subconsultant agreements and finalized scopes of service, issue appraisal awards to appraisal subconsultants and contract with them. HDR will issue notice to proceed to appraisers, provide current authorized plans and legal descriptions, title commitments and sign cost estimates as identified in section 4.3. HDR will follow up on delivery of draft appraisals. Subconsultant (appraisal companies) Deliverables:  52 eminent domain appraisals. Assumptions: - This task assumes 52 eminent domain appraisals will be needed. Estimated costs are $6,750/appraisal, for a total of $351,000 (52 appraisals X $6,750/appraisal) - This task covers the analysis and allocation of ownerships to be appraised to subconsultant appraisers. This task does not include reviewing, processing and paying subconsultants on their subconsultant contracts. That is covered in Task 1.3 above. Task 4.4 Coordinate Appraisal Review Subconsultant appraisers will deliver draft appraisals for review. Appraisal drafts will be delivered to the SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (3 FULL ACQUISITIONS) 8 City for review and comment, and then to CDOT Region 1 for the formal appraisal review required by the CDOT ROW Manual. This review can occur concurrently, if allowed by the City. The CDOT appraisal reviewer will prepare a fair market determination (FMV) that will be the basis for the offer to be made to the landowner. This task covers the coordination of delivery of draft appraisals for reviews and delivery of FMVs to the City, CDOT and the real estate specialist assigned to the acquisition negotiation. Deliverables:  FMVs for ROW acquisitions (prepared by CDOT, signed by the City). Assumption: - 52 appraisals will be needed. This number may change as the design advances and ROW impacts are better defined. If more than 52 appraisals are needed, additional fee will need to be negotiated. - CDOT Region 1 will provide appraisal review of appraisals generated for the Project. There will be no charge to the project for the appraisal review. If CDOT charges the City for appraisal review, the City will pay the fee for such reviews. If CDOT does not have capacity to provide appraisal reviews and the appraisal reviews need to be provided by HDR and/or a subconsultant, a separate fee will need to be negotiated for that service. Task 4.5 Prepare Waiver Valuations Prepare Waiver Valuations where appropriate. The CDOT ROW Manual allows waiver valuations for acquisitions with an estimated value of $25,000 or less where the valuation problem is non-complex. Waiver Valuations are just compensation value determinations prepared by a real estate specialist instead of having acquisition parcels appraised. It is anticipated that the just compensation amount to be offered for some acquisitions will be by waiver valuations instead of appraisals. Where waiver valuations exceed $10,000, an authorization and appraisal release will be requested by the acquisition agent from the owner, acknowledging and releasing the City of Wheat Ridge from its obligation to provide an appraisal. Review market sales data to determine land values to be used in waiver valuations. Prepare waiver valuations in compliance with the CDOT ROW Manual. Submit Waiver Valuations to the City for review and comment, then to CDOT for review and approval. This review can occur concurrently, if allowed by the City. Waiver valuations will be the basis for the offers made to the (waiver valuation) landowners. Deliverables:  12 waiver valuations. Assumptions: - 12 waiver valuations will be needed. This number may change as the design advances and ROW impacts are better defined. If more than 12 waiver valuations are needed, additional fee will need to be negotiated. - If landowners don’t sign waivers, additional appraisal may be needed. If this happens additional fee will need to be negotiated. Task 4.6 Coordinate Landowner Appraisal Review Section 38-1-121, C.R.S. requires, for acquisitions with estimated values greater than $5K, that landowners to be advised of their right to get an appraisal and have the governmental entity reimburse SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (3 FULL ACQUISITIONS) 9 them for the reasonable value of the appraisal if certain conditions are met. If landowners notified of this right take advantage of it and submit appraisals to the City, landowner appraisals will be delivered to the City for review and comment, and then to CDOT Region 1 for the formal appraisal review required by the CDOT ROW Manual. This review can occur concurrently, if allowed by the City. The CDOT appraisal reviewer will prepare a document summarizing its conclusion of the appraisal review (an FMV may be prepared for the landowner appraisal in some instances) and a recommendation as to whether the City should pay the fee for the landowner appraisal. HDR will then discuss this recommendation with the City so the City can decide if such payment should be made. This task covers the coordination of landowner appraisals for reviews. Deliverables:  CDOT appraisal review reports, possible FMVs in some instances. Assumptions: - Section 38-1-121, C.R.S. requires landowners to be advised of their right to get an appraisal and have the governmental entity pay for it if certain conditions are met, for acquisitions with estimated values greater than $5K. Landowners may or may not take advantage of this right. This task assumes that 80% of the 64 landowners advised of this right will take advantage of it, so 52 landowner appraisals will be submitted for review. - CDOT Region 1 will provide appraisal review of appraisals generated for the Project. There will be no charge to the project for the appraisal review. If CDOT charges the City for appraisal review, the City will pay the fee for such reviews. If CDOT does not have capacity to provide appraisal reviews and the appraisal reviews need to be provided by HDR and/or a subconsultant, a separate fee will need to be negotiated for that service. - The cost of landowner appraisals is not included in this HDR SOW and fee estimate and will be paid separately by the City. TASK 5: ACQUISTION NEGOTIATION Task 5.1 Preparation and Delivery of Acquisition Documents Prepare and send notice of interest to acquires, offer letters, summaries of just compensation, final offer letters and additional correspondence as agreed to by the City and HDR. Deliverables:  Notice of interest to acquires.  Offer packets.  Additional correspondence and documents, as needed.  Final offers, if required. Assumptions: - Acquisition negotiations from 64 landowners will be needed. This number may change as the design advances and ROW impacts are better defined. If acquisitions from more 64 landowners are needed, additional fee will need to be negotiated. SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (3 FULL ACQUISITIONS) 10 Task 5.2 Conduct Acquisition Negotiations Negotiate consensual agreements for the acquisition of property rights based on FMVs and waiver valuations. Deliverables:  Signed settlement agreements.  Justification for administrative settlements and other City required settlement forms.  Negotiation logs. Assumptions: - Negotiations will be limited to three in person meetings. Negotiations result in consensual agreements. If an agreement cannot be reached on a negotiation, the matter will be discussed with the City. If the City determines that it will resolve the acquisition through condemnation, HDR will prepare and submit a condemnation packet to the City (the fee for this is in Section 6.1). This SOW and fee estimate do not include tasks and fees for participation in condemnation proceedings. If City authorizes condemnation on an acquisition and additional ROW services are needed from HDR to support the condemnation, additional SOW and fee for such services will be negotiated. Task 5.3 File Maintenance, QA/QC Review and Submittal One hard copy file will be maintained by HDR for each acquisition. At a minimum, the file will contain: the notice of interest to acquire, appraisal or value finding; offer letter; closing documents; typed and signed negotiation logs of contacts with owners; and the related correspondence regarding the parcel acquisition. Upon completion of each acquisition, files will be finalized, QC’d and delivered to the City. CDOT requires a hard copy and digital file. Both will be prepared and delivered to CDOT. Deliverables:  Up to 64 final files – hard copy and digital to the City.  Up to 64 final files – hard copy and digital to CDOT. TASK 6: CLOSINGS Task 6.1 Coordinate Closings with Title Company or Prepare Condemnation Package for Attorneys For acquisitions resolved through consensual agreements, coordinate closings with selected Subconsultant Title Company(s), including release or subordination of financial liens. If an agreement cannot be reached on an acquisition negotiation, the matter will be discussed with the City. If the City determines that it will resolve the acquisition through condemnation, submission of a condemnation packet will be a substitute for the closing coordination. This SOW and fee estimate does not include tasks and fees for participation in condemnation proceedings. If the City authorizes condemnation on an acquisition and additional ROW services are needed from HDR to support the condemnation, additional SOW and fee for such services will be negotiated. Deliverables:  Up to 64 closing packets and final signed and recorded agreements from closings. (Title Company may send recorded documents directly to City, if requested) SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (3 FULL ACQUISITIONS) 11  Substitution of a condemnation packet for negotiations that cannot be resolved by a consensual agreement, which the City authorizes condemnation. Title Subconsultant (title companies) Deliverable No. 2:  Up to 66 closings.  Title Insurance Policies. Assumptions: - Acquisition negotiations from 64 landowners will be needed. 64 closings or condemnation packets will be provided. This number may change as the design advances and ROW impacts are better defined. If more than 64 closings are needed, additional fee will need to be negotiated. - Closings will be conducted by Subconsultant Title Companies. The City will pay all Subconsultant Title Company’s closing fees, recording fees, costs associated with lien releases, if any, and the cost of title insurance policies. In cases where there are only temporary impacts to individual ownerships, or where the acquisition cost is minimal, HDR will close the transaction with the property owner directly upon the City’s approval and HDR will invoice for recording fees directly to City. TASK 7: RELOCATIONS Task 7.1 Relocation Planning Study HDR will prepare a Relocation Plan as described in Chapter 5.3 of the CDOT Right of Way Manual. At minimum, the Relocation Plan will include completion of CDOT Forms 557 and 558 and Certified Inventory forms. For residential relocations, this planning exercise will include interviewing the displaced occupants to determine unique characteristics of their situation to be considered in finding a replacement property and to determine length of occupancy and citizenship status. For business relocations, this planning exercise will include interviewing the tenant business and landowner to determine their qualifications as a displaced business, understand special circumstances that may apply and obtain a detailed inventory of real and personal property and to determine items owned by the tenant business and items owned by the landowner/landlord. Findings will be documented in Acquisition Stage Relocation Plan and Displaced Person(s) Information forms. Forms will be submitted to the City for review and comment, and then to CDOT Region 1 for the formal approval as required by the CDOT ROW Manual. This review can occur concurrently, if allowed by the City. Discuss with the City strategies for relocation based on information gathered. The Relocation Planning Study will be amended and updated to add ownerships qualified for personal property moves as they are identified. Task 7.2 Provide 90 Day Notice, Certificate of Legal Residency, and 30 Day Notice Provide 90 day notices to displaced occupants, advising such occupants that they have a minimum of 90 days to find and move into a replacement property. Provide Certificate of Legal Residency and verify eligibility for relocation benefits. Provide 30 day notices in time frames required by the CDOT ROW Manual and the project schedule. SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (3 FULL ACQUISITIONS) 12 Task 7.3 Prepare, Obtain Approval of and Provide Relocation Determinations Prepare relocation determinations for displaced occupants. Work with the displacees to obtain bids for eligible moving costs and related items. Submit relocation determinations to the City for review and comment, and then to CDOT Region 1 for formal approval as required by Chapter 5 of CDOT’s ROW Manual. This review can occur concurrently, if allowed by the City. (Such relocation determinations identify monetary relocation payments to be made to displaced occupants for eligible moving expenses.) Work with the displacees to submit claims for processing. Coordinate with the City issuance of checks for such approved claims. Submit payments to the displaced occupants, as conditions for payment are met and document receipt of such payments. For residential displacees, HDR will find comparable replacement dwellings that meet the requirements for Decent Safe and Sanitary (DSS) and are Functionally Equivalent to the acquired dwelling. HDR will notify the displaced tenant occupant of the comparables for their consideration. The comparables will also be used in determining the Replacement Housing Payment for which the displaced tenant occupant will be eligible. HDR will work with the City and CDOT to determine the Replacement Housing amount and will work with the displacee to relocate and submit a claims to request reimbursement for the Relocation Housing Payment. HDR will work with the City and CDOT to determine actual, reasonable and necessary business reestablishment reimbursement requests from the displaced businesses and will work with the businesses to submit claims to request reimbursement of approved claims. Task 7.4 Advisory Services HDR will provide advisory services, as described in Chapter 5 of CDOT’s Right of Way Manual to the displaced residential and business occupants throughout the relocation process. HDR will advise the displaced tenant and displaced rental business of eligible reimbursement expenses related to moving activities and business reestablishment. HDR will also provide assistance with finding potential replacement properties, advising the displacees of eligible and ineligible items under the relocation program, and performing a DSS inspection for the residential replacement property. Task 7.5 File Maintenance, QA/QC Review and Submittal One hard copy file will be maintained by HDR for each relocation. At a minimum, the file will contain: the 90-Day Notice and signed Residency form, signed determination; signed claim form; typed and signed negotiation logs of contacts with owners and displaced occupants; and the related correspondence regarding the parcel relocation efforts. Upon completion of each relocation, the file will be finalized, QC’d and delivered to the City and CDOT. Deliverables:  Acquisition Stage Relocation Plan and Displaced Person(s) Information forms, including inventory forms itemizing real and personal property as it belongs to either the tenant or landowner.  90 Day Notice, Certificate of Legal Residency and 30 Day Notice to displaced occupants.  Relocation determinations for monetary benefits for such displaced occupants.  Relocation negotiation logs  13 final relocation files – 1 hard copy and 1 electronic copy each to the City.  13 final relocation files – 1 hard copy and 1 electronic copy each to CDOT. SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (3 FULL ACQUISITIONS) 13 Assumptions: - There will be two (2) business relocations, one (1) residential tenant relocation, and 10 personal property moves under $3,000. - Relocation will be conducted in compliance with the relocation requirements of the CDOT ROW Manual. - END OF SCOPE OF WORK TASKS - CONDEMANTIONS Support for Condemnation Actions If condemnations are filed, HDR may be requested to provide services to support the condemnation, including testimony at depositions and hearings, participation in litigation preparation and strategy meetings, participation in mediations or other alternative dispute resolution efforts, and preparation of exhibits and trial exhibits. No fee proposal is included for this task, because it is difficult to predict how many condemnations will be filed. If condemnations are filed and HDR is requested to provide support services for such condemnations, a separate fee will need to be negotiated for such services. Assumptions: - Aside from the possible fees for HDR condemnation support services described herein, the City will be responsible for all other costs of condemnations, including court filing fees, attorney’s fees and court costs. ROW PROJECT SCHEDULE The specific ROW Project Schedule will be developed between HDR and the City. An anticipated general ROW schedule is included below. Significant deviation from this schedule for circumstances unrelated to HDR’s activities may require an amendment to this Scope of Work and fee. This Scope of Work assumes that most ROW activities will be completed by January 2020, and remaining ROW activities will be completed no later than January 2021. ROW Services required past this date may require an amendment to this Scope of Work and additional fee to finalize outstanding ROW items. EXHIBIT B Project NumberLocationFirm Name HDR Engineering, Inc.Contract:OLA#:Name of Preparer Phone no.303-929-9367Scope of Work DateType of Proposal: COST PLUS FIXED FEE Contract Term: 1A.LABOR RATES DIRECT LABOR SALARY INDIRECT RATEEMPLOYEEEMPLOYEE COST/HOUR COST (%)MULTIPLIER $/HOURNAMECLASSIFICATION( a )( b )( c )( d )Office PersonnelBegier, Erin Right-of-Way Specialist 41.32$ 148.91 2.4891 102.85$ Berry, Alison S Contract Administrator 30.00$ 148.91 2.4891 74.67$ Borders, Amy M Planner I 35.83$ 148.91 2.4891 89.18$ Gerondale, Lisa R Project Manager II 51.75$ 148.91 2.4891 128.81$ Jamieson, Gregory A Project Manager IV 72.21$ 148.91 2.4891 179.74$ Kelly, Kathleen T Financial Analyst 37.64$ 148.91 2.4891 93.69$ Lopez, Claudia (Claudia)Planner I 24.75$ 148.91 2.4891 61.61$ Pietri, Carlos A Planner I 30.50$ 148.91 2.4891 75.92$ Vallard, Konrad Wayne Right-of-Way Specialist 42.37$ 148.91 2.4891 105.46$ 1B.LABOR COSTS ESTIMATED LABOR RATE NUMBER OF ESTIMATED EMPLOYEE EMPLOYEE $ / HOUR WORK HOURS COST PERNAMECLASSIFICATION( d )( e )EMPLOYEEOffice PersonnelBegier, Erin Right-of-Way Specialist 102.85$ 102.00 10,490.70$ Berry, Alison S Contract Administrator 74.67$ 4.00 298.68$ Borders, Amy M Planner I 89.18$ 82.00 7,312.76$ Gerondale, Lisa R Project Manager II 128.81$ 361.00 46,500.41$ Jamieson, Gregory A Project Manager IV 179.74$ 365.00 65,605.10$ Kelly, Kathleen T Financial Analyst 93.69$ 100.00 9,369.00$ Lopez, Claudia (Claudia)Planner I 61.61$ 1846.00 113,732.06$ Pietri, Carlos A Planner I 75.92$ 1967.00 149,334.64$ Vallard, Konrad Wayne Right-of-Way Specialist 105.46$ 488.00 51,464.48$ 5315.00 TOTAL LABOR 454,107.83$ 2. FEE 13.00%FIXED FEE 59,034.02$ FCCM - Office 0.3980%FCCM - Field 0.2614%TOTAL 513,141.85$ 3A.OTHER DIRECT COST RATES (IN-HOUSE)*:ITEM ESTIMATED UNIT ESTIMATED UNITS RATES COSTMileage10410.490$ 510.09$ *Prior Approval from CDOT Project Manager required SUBTOTAL 510.09$ 3B.OTHER DIRECT COSTS (OUTSIDE)*:ITEM ESTIMATED UNIT ESTIMATED UNITS RATES COSTOvernight/Curriers Actual Cost -$ Outside Reproduction Actual Cost 250.00$ Airfare & Travel Actual Cost -$ Per Diem Meals 0 $0.00 -$ Per Diem Lodging 0 $0.00 -$ Long Term Lodging 0 $0.00 -$ Other Actual Cost -$ *Prior Approval from CDOT Project Manager required SUBTOTAL 250.00$ ODC TOTAL 760.09$ 4A.OUTSIDE SERVICES RATES (SUBCONSULTANTS)ESTIMATED COSTTitle Companies 26,400.00$ Lund 317,457.06$ Sign Company 15,000.00$ Appraisers 351,000.00$ 4B.OUTSIDE SERVICES (VENDORS)*:ESTIMATED COSTFIRM NAME -$ *Prior Approval from CDOT Project Manager required TOTAL OUTSIDE SERVICES 709,857.06$ TOTAL HDR SERVICES 513,901.94$ TOTAL ESTIMATED COST 1,223,759.00$ Two Years PROJECT COST WORKSHEET (COST PLUS FIXED FEE) Greg Jamieson11/28/2018 EXHIBIT B TYPED NAME DATE I am a representative of HDR Engineering, Inc., duly authorized to contractually bind the firm. My signature below constitutes formal agreement (without further SIGNATURER. Bradley Martin, Sr. Vice President SCOPE OF WORK WADSWORTH BLVD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITION (8 FULL ACQUISITIONS) 1 SECTION 1: PROJECT SPECIFIC INFORMATION PROJECT BACKGROUND The City of Wheat Ridge (City) has been working for several years to improve SH 121 / Wadsworth Boulevard (Wadsworth). In 2015, they produced a Planning and Environmental Linkages (PEL) study for the portion of Wadsworth Boulevard from West 35th Avenue to I-70. Also in 2015, the City secured a DRCOG TIP grant providing the majority of the funding for construction and executed an intergovernmental agreement (IGA) with CDOT outlining the framework for reconstruction of Wadsworth. A major part of the project is to reconstruct Wadsworth to a 6-lane section, provide better multimodal facilities, and provide enhanced amenity zones along the corridor (Project). A template Environmental Assessment (EA) is in process. Conceptual level design of the Project has been completed. Preliminary design has begun. Final design, 100% Advertisement Plans, Specifications & Estimate (PS&E) for the project advertisement, bidding assistance and Design Services During Construction (DSDC) will follow. Significant right of way (ROW) acquisition and relocation is needed for the project. Initial estimates indicate that ROW acquisition will be needed from 64 ownerships. Eight (8) of these are identified as full acquisitions in the draft EA, however only three (3) of the eight (8) are definitely full acquisitions. This scope of work assumes all eight of the full acquisitions remain as full acquisitions. Sixteen (16) businesses will be displaced by the full acquisitions (one full acquisition is not improved or occupied) and one resident will be displaced by one of the partial acquisitions. This scope of work assumes sixteen business relocations, one residential relocation, and ten (10) personal property only relocations. This scope of work is for HDR and its subconsultants (ROW Team) to define, value and purchase the ROW needed for the Project and the relocate the businesses, resident and personal property displaced by some of the acquisitions. The ROW Team will provide the work described in this document. PROJECT GOALS The goals of the ROW acquisition for the Project are to timely acquire the ROW needed for the project and conduct required relocations to support the preconstruction schedule while providing considerate treatment to affected property owners and displaced occupants. PROJECT LIMITS Wadsworth from 35th Ave to I-70 interchange WORK DURATION The primary time period for the work is estimated to begin in January 2019 and end by a ROW clearance in January 2020. An additional time period from January 2020 may be needed to resolve acquisitions through condemnation, if needed. The estimated time period for the extension is through January 2021. ROW TEAM RESPONSIBILITIES AND DUTIES  Preparation and Approval of ROW Plans  Valuation of ROW Parcels SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (8 FULL ACQUISITIONS) 2  Acquisition Negotiation for ROW Parcels  Relocation of Displaced Persons, Businesses and Personal Property WORK PRODUCT  ROW Schedule  ROW Budget  ROW Project Coordination with City, and CDOT as needed  Meeting Minutes  Right of Way Plans  Appraisals, Waiver Valuations, Fair Market Value Determinations  Acquisition Files, Including Offer Packets, Agreements, Conveyance Deeds, Easement Agreements, Negotiation Logs  Relocation Files, Including Relocation Planning Studies, 90-Day and 30-Day Notices, Relocation Determinations, Relocation Claims and Relocation Negotiation Logs  Condemnation Request Packages (If needed) Requirements are further described in the sections that follow. TABLE OF CONTENTS This scope of work will consist of the following seven tasks: 1. ROW Project Management, Meetings and Coordination. 2. Title Services - Obtain title commitments from a subconsultant title company, which will be used to identify liens and encumbrances for the parcels to be acquired for the preparation of ROW plans and legal descriptions for the ROW parcels. 3. ROW Plans - Subconsultant professional land surveying company (PLS) to prepare ROW plans and legal descriptions for the ROW parcels. 4. Valuation - Subconsultant appraisers will prepare appraisals for the ROW parcels. Such appraisals will be reviewed by the Colorado Department of Transportation (CDOT). Waiver Valuations will be prepared for ROW parcels that qualify for this valuation method. 5. Acquisition Negotiation – negotiations with landowners to acquire the ROW parcels. 6. Closings – a subconsultant title company will conduct closings for acquisitions with consensual agreements. 7. Relocation – relocate displaced residences, businesses and personal property Note: No tasks and fees are included in this scope of work and fee proposal to cover property management of properties acquired. If the City requests HDR to assist with securing SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (8 FULL ACQUISITIONS) 3 improvements on acquired property and demolishing such improvements, a separate task order will be needed to cover such tasks. TASK 1: ROW PROJECT MANAGEMENT, MEETINGS AND COORDINATION Task 1.1 Project Records Set Up Set up internal project recordkeeping, parcel files and external tracking sheets. Task 1.2 Subconsultant Management This task covers the negotiation and management of contracts with Lund Partnership for ROW plans, a subconsultant sign company for sign cost estimates, and the subconsultant title companies for title and closing. It does not cover negotiation and management of contracts with subconsultant appraisers. That task is included in in Section 4.3 below. Task 1.3 Invoicing Prepare, review and provide to City monthly invoices. This task includes reviewing, processing and paying subconsultants on their subconsultant contracts including invoicing and paying appraisal subconsultants. Deliverables:  24 monthly invoices Task 1.4 ROW Kickoff Meetings The ROW Team will conduct a ROW kickoff meeting with the City and a separate ROW kickoff meeting with the City and CDOT. An initial ROW Project schedule and budget will be prepared and discussed at these meetings. ROW forms to be used will be identified at these meetings. City and CDOT approvals and approvers will be identified at these meetings. Following the kickoff meetings, HDR will compile and send out minutes for the meetings. Deliverables:  One ROW project schedule  One ROW project budget  Two meeting agendas  Preparation of minutes from two meetings Task 1.5 Early Acquisitions, Incentive Programs and Meetings re: the Same Early Acquisitions – HDR will conduct two meetings with the City (CDOT can be included, if needed) to determine if any full acquisitions identified in the draft Environmental Assessment (EA) can be converted to partial acquisitions. After such decisions are made, HDR will prepare and submit to the City and CDOT written requests for approval to start on such early acquisitions. Incentive Program – At the same two meetings described above, HDR will discuss the parameters for an acquisition and relocation incentive program for the Project. After decisions are made on proposed incentive programs, HDR will prepare and submit to the City and CDOT written requests for approval of the incentive programs. Project schedule and budget will be prepared and discussed at these meetings. ROW forms to be used will be identified at these meetings. City and CDOT approvals and approvers will be identified at these meetings. Following the meetings, HDR will compile and send out minutes of the meetings. SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (8 FULL ACQUISITIONS) 4 Deliverables:  Two meeting agendas  Preparation of minutes from two meetings  Written request for approval of early acquisitions  Written request for approval of incentive programs Task 1.6 External Project Coordination Meetings HDR and the City (and CDOT, if needed) will meet as required (typically two meetings per month for the first year of the contract) to monitor progress on the ROW process, discuss issues and obtain required City decisions. Discussion items may include, modifications to the schedule and budget, progress on ROW phases (ROW plans, valuation, acquisition negotiation, relocation and condemnation), review of acquisition and relocation tracking sheets, responses to counteroffers, strategies for challenging negotiations, relocations and responses other issues and problem solving. Following the coordination meetings, HDR will compile and send out minutes of the meeting. Deliverables:  24 Meeting agendas  Preparation of minutes from 24 meetings  Updated ROW schedule, as needed  Updated ROW budget, as needed  Acquisition tracking sheets, updated as needed  Relocation tracking sheets, updated as needed Task 1.7 Internal Coordination This task is for HDR’s tasks associated with managing the project. This task includes the ROW Team’s internal coordination with the environmental and design teams, internal ROW Team meetings, updating acquisition and relocation tracking sheets, updating the ROW Project schedule and budget, as needed. TASK 2: TITLE COMMITMENTS Task 2.1 Coordinate, Order and Distribute Title Commitments Work with the City and Lund Survey to identify title commitments needed. Order title commitments from selected Title Company(s) and distribute accordingly. HDR will work with the City to determine if it is necessary to order title commitments from multiple title companies. Request title commitment updates as needed. Task 2.2 Review Title Commitments Review title commitments for financial liens and other encumbrances relevant to the acquisitions. Title Subconsultant(s) Deliverable No. 1:  66 title commitments from selected subconsultant title companies. Assumptions: - 66 title commitments will be needed. The assumed cost is $99,000 ($1,100/commitment + updates X 66 commitments + $26,400 for cost overruns and updates). $72,600 of this fee will be under a separate early action administrative approval contract. The remaining $26,400 of this fee SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (8 FULL ACQUISITIONS) 5 is included fee in this scope of work and the associated fee proposal. This number may change as the design advances and ROW impacts are better defined. If more than 66 title commitments are needed, additional fee will need to be negotiated. - O&E reports may be substituted for commitments where only temporary impacts are anticipated as agreed to by City. - Up to four updates per title commitment, as needed. TASK 3: ROW PLANS Task 3.1 ROW Plans and Legal Descriptions for Early Acquisition Parcels HDR coordination with Professional Land Surveying (PLS) subconsultant, Lund Partnership (Lund) to prepare streamlined ROW plans for Advanced Acquisition Parcels (AP Parcels) as allowed by the CDOT ROW Manual. Prepare documents required for submittal of formal request to CDOT for approval of AP Parcels. Subconsultant PLS (Lund) Deliverable No. 1 – AP Parcels ROW Plans  Streamlined AP Parcels ROW plans. Assumptions: - AP Parcels will be prepared for eight (8) full acquisitions as early acquisitions. Task 3.2 Coordinate with Design Team and Lund on ROW Parcels Coordinate with the Project Design Team and Professional Land Surveying (PLS) subconsultant, Lund Partnership (Lund), to make design decisions relevant to ROW parcel configuration and to determine size, shape, location and type of parcels to be acquired. Coordinate with CDOT, if needed. Make decisions on full vs. partial acquisitions. Task 3.3 Right of Way Plan Review (ROWPR) Review draft ROW plan set. Schedule and facilitate a ROWPR. Include City personnel, Project environmental and design team personnel, CDOT PM, ROW and others, as needed. Task 3.4 ROW Plans Approval After changes from the ROWPR have been made, reviewed and approved, prepare documents required for submittal of formal request to CDOT for ROW Plan approval. Coordinate with CDOT and respond to questions to obtain approval. Task 3.5 Modifications to ROW Plans Modifications to ROW plans are sometimes necessary after approval as a result of changes in ownerships and changes in parcel configuration. This task covers coordination and approval of such modifications, if any. Subconsultant PLS (Lund) Deliverable No. 2 – ROW Plans  A full set of ROW Plans for ROW parcels needed for the Project prepared in compliance with the CDOT ROW Manual. SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (8 FULL ACQUISITIONS) 6 Subconsultant PLS Deliverable No. 3 – Legal Descriptions  Legal descriptions for ROW parcels needed for the Project prepared in compliance with the CDOT ROW Manual. Assumptions: - Lund will need to do some field survey to obtain information needed for preparation of the ROW plans. - The initial estimate is that there will be ROW parcels from 64 ownerships in the ROW plans, and 145 legal descriptions delivered. These numbers may change as the design advances and ROW impacts are better defined. If more than 64 ownerships and 145 legal descriptions are required, additional fee will need to be negotiated. TASK 4: PARCEL VALUATIONS Task 4.1 Research and Planning Evaluate preliminary impacts and cost with respect to appraisals. Conduct field inspection to verify property impacts and characteristics including outdoor advertising signs, significant property improvement impacts, potential damages including parking and field verify characteristics of potential total acquisition appraisals. Develop inventory by ownership of key impacted improvements and potential damages or action items. Deliverables:  Spreadsheet of property ownerships with inventory of preliminary property impacts to address project action items. Task 4.2 Sign Cost Estimates and Sign Consulting Prior to issuing notices to proceed for subconsultant appraisers as set forth in Task 4.3 below, HDR will contract and coordinate with a sign company subconsultant for sign cost estimates for outdoor advertising and private directional signs impacted by the project. Estimates will include, replacement cost new and relocation cost estimate. HDR will coordinate inspections, preparation, format and review of the estimates with the sign company. HDR will provide a quality control review of sign estimates, which upon completion will be distributed to the City of Wheat Ridge, CDOT appraisal review. Upon their review the estimates will be distributed to SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (8 FULL ACQUISITIONS) 7 the assigned agency appraisers and acquisition agent for distribution to land owners should they choose to provide it to their appraisers. Information on signs will be promptly delivered to the City for its review. HDR will consult with the City for the appropriate approach to be taken on sign relocations generally and on how to handle certain case specific sign situations. Subconsultant (sign company) Deliverables:  Up to of 40 sign cost estimates Assumptions - Not to exceed 40 sign cost estimates at $375 / estimate ($15,000). - Signs will be classified as real property. - City will provide sign policy. Task 4.3 Appraisal Planning and Management Delivery of Subconsultant Appraisals This Task is to coordination efforts to plan and retain qualified subconsultant appraisal firms to deliver agency appraisals. Appraisals will be prepared in compliance with generally accepted standards of appraisal practice, the URA and CDOT policies and procedures. HDR will utilize property data and information from field inspections (Task 4.1) to bundle appraisals into groups based on acquisition priority, property characteristics and potential damages. HDR will review proposed bundles with City of Wheat Ridge for allocation of appraisal bundles to subconsultant appraisers. Upon approval of appraisal bundles, HDR will solicit proposals from appraisal subconsultants. Upon receipt of appraisal proposals, HDR will review proposals and provide summary of proposals and agency appraisal costs to the City. HDR will coordinate with the City of Wheat Ridge to determine award of appraisal bundles. HDR will prepare subconsultant agreements and finalized scopes of service, issue appraisal awards to appraisal subconsultants and contract with them. HDR will issue notice to proceed to appraisers, provide current authorized plans and legal descriptions, title commitments and sign cost estimates as identified in section 4.3. HDR will follow up on delivery of draft appraisals. Subconsultant (appraisal companies) Deliverables:  52 eminent domain appraisals. Assumptions: - This task assumes 52 eminent domain appraisals will be needed. Estimated costs are $6,750/appraisal, for a total of $351,000 (52 appraisals X $6,750/appraisal) - This task covers the analysis and allocation of ownerships to be appraised to subconsultant appraisers. This task does not include reviewing, processing and paying subconsultants on their subconsultant contracts. That is covered in Task 1.3 above. Task 4.4 Coordinate Appraisal Review Subconsultant appraisers will deliver draft appraisals for review. Appraisal drafts will be delivered to the SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (8 FULL ACQUISITIONS) 8 City for review and comment, and then to CDOT Region 1 for the formal appraisal review required by the CDOT ROW Manual. This review can occur concurrently, if allowed by the City. The CDOT appraisal reviewer will prepare a fair market determination (FMV) that will be the basis for the offer to be made to the landowner. This task covers the coordination of delivery of draft appraisals for reviews and delivery of FMVs to the City, CDOT and the real estate specialist assigned to the acquisition negotiation. Deliverables:  FMVs for ROW acquisitions (prepared by CDOT, signed by the City). Assumption: - 52 appraisals will be needed. This number may change as the design advances and ROW impacts are better defined. If more than 52 appraisals are needed, additional fee will need to be negotiated. - CDOT Region 1 will provide appraisal review of appraisals generated for the Project. There will be no charge to the project for the appraisal review. If CDOT charges the City for appraisal review, the City will pay the fee for such reviews. If CDOT does not have capacity to provde appraisal reviews and the appraisal reviews need to be provided by HDR and/or a subconsultant, a separate fee will need to be negotiated for that service. Task 4.5 Prepare Waiver Valuations Prepare Waiver Valuations where appropriate. The CDOT ROW Manual allows waiver valuations for acquisitions with an estimated value of $25,000 or less where the valuation problem is non-complex. Waiver Valuations are just compensation value determinations prepared by a real estate specialist instead of having acquisition parcels appraised. It is anticipated that the just compensation amount to be offered for some acquisitions will be by waiver valuations instead of appraisals. Where waiver valuations exceed $10,000, an authorization and appraisal release will be requested by the acquisition agent from the owner, acknowledging and releasing the City of Wheat Ridge from its obligation to provide an appraisal. Review market sales data to determine land values to be used in waiver valuations. Prepare waiver valuations in compliance with the CDOT ROW Manual. Submit Waiver Valuations to the City for review and comment, then to CDOT for review and approval. This review can occur concurrently, if allowed by the City. Waiver valuations will be the basis for the offers made to the (waiver valuation) landowners. Deliverables:  12 waiver valuations. Assumptions: - 12 waiver valuations will be needed. This number may change as the design advances and ROW impacts are better defined. If more than 12 waiver valuations are needed, additional fee will need to be negotiated. - If landowners don’t sign waivers, additional appraisal may be needed. If this happens additional fee will need to be negotiated. Task 4.6 Coordinate Landowner Appraisal Review Section 38-1-121, C.R.S. requires, for acquisitions with estimated values greater than $5K, that landowners to be advised of their right to get an appraisal and have the governmental entity reimburse SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (8 FULL ACQUISITIONS) 9 them for the reasonable value of the appraisal if certain conditions are met. If landowners notified of this right take advantage of it and submit appraisals to the City, landowner appraisals will be delivered to the City for review and comment, and then to CDOT Region 1 for the formal appraisal review required by the CDOT ROW Manual. This review can occur concurrently, if allowed by the City. The CDOT appraisal reviewer will prepare a document summarizing its conclusion of the appraisal review (an FMV may be prepared for the landowner appraisal in some instances) and a recommendation as to whether the City should pay the fee for the landowner appraisal. HDR will then discuss this recommendation with the City so the City can decide if such payment should be made. This task covers the coordination of landowner appraisals for reviews. Deliverables:  CDOT appraisal review reports, possible FMVs in some instances. Assumptions: - Section 38-1-121, C.R.S. requires landowners to be advised of their right to get an appraisal and have the governmental entity pay for it if certain conditions are met, for acquisitions with estimated values greater than $5K. Landowners may or may not take advantage of this right. This task assumes that 80% of the 64 landowners advised of this right will take advantage of it, so 52 landowner appraisals will be submitted for review. - CDOT Region 1 will provide appraisal review of appraisals generated for the Project. There will be no charge to the project for the appraisal review. If CDOT charges the City for appraisal review, the City will pay the fee for such reviews. If CDOT does not have capacity to provide appraisal reviews and the appraisal reviews need to be provided by HDR and/or a subconsultant, a separate fee will need to be negotiated for that service. - The cost of landowner appraisals is not included in this HDR SOW and fee estimate and will be paid separately by the City. TASK 5: ACQUISTION NEGOTIATION Task 5.1 Preparation and Delivery of Acquisition Documents Prepare and send notice of interest to acquires, offer letters, summaries of just compensation, final offer letters and additional correspondence as agreed to by the City and HDR. Deliverables:  Notice of interest to acquires.  Offer packets.  Additional correspondence and documents, as needed.  Final offers, if required. Assumptions: - Acquisition negotiations from 64 landowners will be needed. This number may change as the design advances and ROW impacts are better defined. If acquisitions from more 64 landowners are needed, additional fee will need to be negotiated. SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (8 FULL ACQUISITIONS) 10 Task 5.2 Conduct Acquisition Negotiations Negotiate consensual agreements for the acquisition of property rights based on FMVs and waiver valuations. Deliverables:  Signed settlement agreements.  Justification for administrative settlements and other City required settlement forms.  Negotiation logs. Assumptions: - Negotiations will be limited to three in person meetings. Negotiations result in consensual agreements. If an agreement cannot be reached on a negotiation, the matter will be discussed with the City. If the City determines that it will resolve the acquisition through condemnation, HDR will prepare and submit a condemnation packet to the City (the fee for this is in Section 6.1). This SOW and fee estimate do not include tasks and fees for participation in condemnation proceedings. If City authorizes condemnation on an acquisition and additional ROW services are needed from HDR to support the condemnation, additional SOW and fee for such services will be negotiated. Task 5.3 File Maintenance, QA/QC Review and Submittal One hard copy file will be maintained by HDR for each acquisition. At a minimum, the file will contain: the notice of interest to acquire, appraisal or value finding; offer letter; closing documents; typed and signed negotiation logs of contacts with owners; and the related correspondence regarding the parcel acquisition. Upon completion of each acquisition, files will be finalized, QC’d and delivered to the City. CDOT requires a hard copy and digital file. Both will be prepared and delivered to CDOT. Deliverables:  Up to 64 final files – hard copy and digital to the City.  Up to 64 final files – hard copy and digital to CDOT. TASK 6: CLOSINGS Task 6.1 Coordinate Closings with Title Company or Prepare Condemnation Package for Attorneys For acquisitions resolved through consensual agreements, coordinate closings with selected Subconsultant Title Company(s), including release or subordination of financial liens. If an agreement cannot be reached on an acquisition negotiation, the matter will be discussed with the City. If the City determines that it will resolve the acquisition through condemnation, submission of a condemnation packet will be a substitute for the closing coordination. This SOW and fee estimate does not include tasks and fees for participation in condemnation proceedings. If the City authorizes condemnation on an acquisition and additional ROW services are needed from HDR to support the condemnation, additional SOW and fee for such services will be negotiated. Deliverables:  Up to 64 closing packets and final signed and recorded agreements from closings. (Title Company may send recorded documents directly to City, if requested) SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (8 FULL ACQUISITIONS) 11  Substitution of a condemnation packet for negotiations that cannot be resolved by a consensual agreement, which the City authorizes condemnation. Title Subconsultant (title companies) Deliverable No. 2:  Up to 66 closings.  Title Insurance Policies. Assumptions: - Acquisition negotiations from 64 landowners will be needed. 64 closings or condemnation packets will be provided. This number may change as the design advances and ROW impacts are better defined. If more than 64 closings are needed, additional fee will need to be negotiated. - Closings will be conducted by Subconsultant Title Companies. The City will pay all Subconsultant Title Company’s closing fees, recording fees, costs associated with lien releases, if any, and the cost of title insurance policies. In cases where there are only temporary impacts to individual ownerships, or where the acquisition cost is minimal, HDR will close the transaction with the property owner directly upon the City’s approval and HDR will invoice for recording fees directly to City. TASK 7: RELOCATIONS – FOR THREE (3) OBVIOUS FULL ACQUISITIONS Task 7 is for the relocations arising from the three (3) obvious full acquisitions. The displaced occupants from these three (3) obvious full acquisitions and other partial acquisitions result in two (2) business relocations, one (1) residential tenant relocation, and 10 personal property moves. Task 7.1 Relocation Planning Study HDR will prepare a Relocation Plan as described in Chapter 5.3 of the CDOT Right of Way Manual. At minimum, the Relocation Plan will include completion of CDOT Forms 557 and 558 and Certified Inventory forms. For residential relocations, this planning exercise will include interviewing the displaced occupants to determine unique characteristics of their situation to be considered in finding a replacement property and to determine length of occupancy and citizenship status. For business relocations, this planning exercise will include interviewing the tenant business and landowner to determine their qualifications as a displaced business, understand special circumstances that may apply and obtain a detailed inventory of real and personal property and to determine items owned by the tenant business and items owned by the landowner/landlord. Findings will be documented in Acquisition Stage Relocation Plan and Displaced Person(s) Information forms. Forms will be submitted to the City for review and comment, and then to CDOT Region 1 for the formal approval as required by the CDOT ROW Manual. This review can occur concurrently, if allowed by the City. Discuss with the City strategies for relocation based on information gathered. The Relocation Planning Study will be amended and updated to add ownerships qualified for personal property moves as they are identified. Task 7.2 Provide 90 Day Notice, Certificate of Legal Residency, and 30 Day Notice Provide 90 day notices to displaced occupants, advising such occupants that they have a minimum of 90 days to find and move into a replacement property. Provide Certificate of Legal Residency and verify eligibility for relocation benefits. Provide 30 day notices in time frames required by the CDOT ROW Manual and the project schedule. SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (8 FULL ACQUISITIONS) 12 Task 7.3 Prepare, Obtain Approval of and Provide Relocation Determinations Prepare relocation determinations for displaced occupants. Work with the displacees to obtain bids for eligible moving costs and related items. Submit relocation determinations to the City for review and comment, and then to CDOT Region 1 for formal approval as required by Chapter 5 of CDOT’s ROW Manual. This review can occur concurrently, if allowed by the City. (Such relocation determinations identify monetary relocation payments to be made to displaced occupants for eligible moving expenses.) Work with the displacees to submit claims for processing. Coordinate with the City issuance of checks for such approved claims. Submit payments to the displaced occupants, as conditions for payment are met and document receipt of such payments. For residential displacees, HDR will find comparable replacement dwellings that meet the requirements for Decent Safe and Sanitary (DSS) and are Functionally Equivalent to the acquired dwelling. HDR will notify the displaced tenant occupant of the comparables for their consideration. The comparables will also be used in determining the Replacement Housing Payment for which the displaced tenant occupant will be eligible. HDR will work with the City and CDOT to determine the Replacement Housing amount and will work with the displacee to relocate and submit a claims to request reimbursement for the Relocation Housing Payment. HDR will work with the City and CDOT to determine actual, reasonable and necessary business reestablishment reimbursement requests from the displaced businesses and will work with the businesses to submit claims to request reimbursement of approved claims. Task 7.4 Advisory Services HDR will provide advisory services, as described in Chapter 5 of CDOT’s Right of Way Manual to the displaced residential and business occupants throughout the relocation process. HDR will advise the displaced tenant and displaced rental business of eligible reimbursement expenses related to moving activities and business reestablishment. HDR will also provide assistance with finding potential replacement properties, advising the displacees of eligible and ineligible items under the relocation program, and performing a DSS inspection for the residential replacement property. Task 7.5 File Maintenance, QA/QC Review and Submittal One hard copy file will be maintained by HDR for each relocation. At a minimum, the file will contain: the 90-Day Notice and signed Residency form, signed determination; signed claim form; typed and signed negotiation logs of contacts with owners and displaced occupants; and the related correspondence regarding the parcel relocation efforts. Upon completion of each relocation, the file will be finalized, QC’d and delivered to the City and CDOT. Deliverables:  Acquisition Stage Relocation Plan and Displaced Person(s) Information forms, including inventory forms itemizing real and personal property as it belongs to either the tenant or landowner.  90 Day Notice, Certificate of Legal Residency and 30 Day Notice to displaced occupants.  Relocation determinations for monetary benefits for such displaced occupants.  Relocation negotiation logs  13 final relocation files – 1 hard copy and 1 electronic copy each to the City.  13 final relocation files – 1 hard copy and 1 electronic copy each to CDOT. Assumptions: - There will be two (2) business relocations, one (1) residential tenant relocation, and 10 personal property moves under $3,000. SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (8 FULL ACQUISITIONS) 13 - Relocation will be conducted in compliance with the relocation requirements of the CDOT ROW Manual. TASK 8: RELOCATIONS FOR ADDITIONAL FIVE (5) FULL ACQUISITIONS Task 8 is for the relocations arising from the five (5) full acquisitions to be considered as candidates for partial acquisitions, but assuming all five (5) are determined to be full acquisitions. The displaced occupants from these five full acquisitions result in fourteen (14) business relocations. Task 8.1 Supplemental Relocation Planning Study A supplement to the Relocation Planning Study discussed in Task 7.1, above, will be prepared to include additional business relocations following ROW plan authorization. The Supplemental Relocation Planning Study will follow the same process outlined in Task 7.1, above. Task 8.2 Provide 90 Day Notice, Certificate of Legal Residency, and 30 Day Notice Provide 90 day notices to additional displaced occupants, advising such occupants that they have a minimum of 90 days to find and move into a replacement property. Provide Certificate of Legal Residency and verify eligibility for relocation benefits. Provide 30 day notices in time frames required by the CDOT ROW Manual and the project schedule. Task 8.3 Prepare, Obtain Approval of and Provide Relocation Determinations Prepare relocation determinations for additional displaced occupants. Work with the displacees to obtain bids for eligible moving costs and related items. Submit relocation determinations to the City for review and comment, and then to CDOT Region 1 for formal approval as required by Chapter 5 of CDOT’s ROW Manual, similar to Task 7.3, above. Work with the displacees to submit claims for processing. Coordinate with the City issuance of checks for such approved claims. Submit payments to the displaced occupants, as conditions for payment are met and document receipt of such payments. HDR will work with the City and CDOT to determine actual, reasonable and necessary business reestablishment reimbursement requests from the displaced businesses and will work with the businesses to submit claims to request reimbursement of approved items. Task 8.4 Advisory Services HDR will provide advisory services, as described in Chapter 5 of CDOT’s Right of Way Manual to additional displaced business occupants throughout the relocation process. HDR will advise the displacees of eligible reimbursement expenses related to moving activities and business reestablishment. HDR will also provide assistance with finding potential replacement properties and advising the displacee of eligible and ineligible items under the relocation program. Task 8.5 File Maintenance, QA/QC Review and Submittal One hard copy file will be maintained by HDR for each additional relocation. At a minimum, the file will contain: the 90-Day Notice and signed Residency form, signed determination; signed claim form; typed and signed negotiation logs of contacts with owners and displaced occupants; and the related correspondence regarding the parcel relocation efforts. Upon completion of each relocation, the file will be finalized, QC’d and delivered to the City and CDOT. Deliverables:  Supplemental Acquisition Stage Relocation Plan and Displaced Person(s) Information forms, including inventory forms itemizing real and personal property as it belongs to either the tenant or landowner.  90 Day Notice, Certificate of Legal Residency and 30 Day Notice to additional displaced occupants. SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (8 FULL ACQUISITIONS) 14  Relocation determinations for monetary benefits for such displaced occupants.  Relocation negotiation logs  14 final relocation files – 1 hard copy and 1 electronic copy each to the City.  14 final relocation files – 1 hard copy and 1 electronic copy each to CDOT. Assumptions: - There will be fourteen (14) additional business relocations. - Relocation will be conducted in compliance with the relocation requirements of the CDOT ROW Manual. - END OF SCOPE OF WORK TASKS - CONDEMNATIONS Support for Condemnation Actions If condemnations are filed, HDR may be requested to provide services to support the condemnation, including testimony at depositions and hearings, participation in litigation preparation and strategy meetings, participation in mediations or other alternative dispute resolution efforts, and preparation of exhibits and trial exhibits. No fee proposal is included for this task, because it is difficult to predict how many condemnations will be filed. If condemnations are filed and HDR is requested to provide support services for such condemnations, a separate fee will need to be negotiated for such services. Assumptions: - Aside from the possible fees for HDR condemnation support services described herein, the City will be responsible for all other costs of condemnations, including court filing fees, attorney’s fees and court costs. SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 28, 2018 RIGHT OF WAY ACQUISITON (8 FULL ACQUISITIONS) 15 ROW PROJECT SCHEDULE The specific ROW Project Schedule will be developed between HDR and the City. An anticipated general ROW schedule is included below. Significant deviation from this schedule for circumstances unrelated to HDR’s activities may require an amendment to this Scope of Work and fee. This Scope of Work assumes that most ROW activities will be completed by January 2020, and remaining ROW activities will be completed no later than January 2021. ROW Services required past this date may require an amendment to this Scope of Work and additional fee to finalize outstanding ROW items. EXHIBIT B Project NumberLocationFirm Name HDR Engineering, Inc.Contract:OLA#:Name of Preparer Phone no.303-929-9367Scope of Work DateType of Proposal: COST PLUS FIXED FEE Contract Term: 1A.LABOR RATES DIRECT LABOR SALARY INDIRECT RATEEMPLOYEEEMPLOYEE COST/HOUR COST (%)MULTIPLIER $/HOURNAMECLASSIFICATION( a )( b )( c )( d )Office PersonnelBegier, Erin Right-of-Way Specialist 41.32$ 148.91 2.4891 102.85$ Berry, Alison S Contract Administrator 30.00$ 148.91 2.4891 74.67$ Borders, Amy M Planner I 35.83$ 148.91 2.4891 89.18$ Gerondale, Lisa R Project Manager II 51.75$ 148.91 2.4891 128.81$ Jamieson, Gregory A Project Manager IV 72.21$ 148.91 2.4891 179.74$ Kelly, Kathleen T Financial Analyst 37.64$ 148.91 2.4891 93.69$ Lopez, Claudia (Claudia)Planner I 24.75$ 148.91 2.4891 61.61$ Pietri, Carlos A Planner I 30.50$ 148.91 2.4891 75.92$ Vallard, Konrad Wayne Right-of-Way Specialist 42.37$ 148.91 2.4891 105.46$ 1B.LABOR COSTS ESTIMATED LABOR RATE NUMBER OF ESTIMATED EMPLOYEE EMPLOYEE $ / HOUR WORK HOURS COST PERNAMECLASSIFICATION( d )( e )EMPLOYEEOffice PersonnelBegier, Erin Right-of-Way Specialist 102.85$ 112.00 11,519.20$ Berry, Alison S Contract Administrator 74.67$ 4.00 298.68$ Borders, Amy M Planner I 89.18$ 92.00 8,204.56$ Gerondale, Lisa R Project Manager II 128.81$ 451.00 58,093.31$ Jamieson, Gregory A Project Manager IV 179.74$ 388.00 69,739.12$ Kelly, Kathleen T Financial Analyst 93.69$ 100.00 9,369.00$ Lopez, Claudia (Claudia)Planner I 61.61$ 2494.00 153,655.34$ Pietri, Carlos A Planner I 75.92$ 2615.00 198,530.80$ Vallard, Konrad Wayne Right-of-Way Specialist 105.46$ 488.00 51,464.48$ 6744.00 TOTAL LABOR 560,874.49$ 2. FEE 13.00%FIXED FEE 72,913.68$ FCCM - Office 0.3980%FCCM - Field 0.2614%TOTAL 633,788.17$ 3A.OTHER DIRECT COST RATES (IN-HOUSE)*:ITEM ESTIMATED UNIT ESTIMATED UNITS RATES COSTMileage10410.480$ 499.68$ *Prior Approval from CDOT Project Manager required SUBTOTAL 499.68$ 3B.OTHER DIRECT COSTS (OUTSIDE)*:ITEM ESTIMATED UNIT ESTIMATED UNITS RATES COSTOvernight/Curriers Actual Cost -$ Outside Reproduction Actual Cost 250.00$ Airfare & Travel Actual Cost -$ Per Diem Meals 0 $0.00 -$ Per Diem Lodging 0 $0.00 -$ Long Term Lodging 0 $0.00 -$ Other Actual Cost -$ *Prior Approval from CDOT Project Manager required SUBTOTAL 250.00$ ODC TOTAL 749.68$ 4A.OUTSIDE SERVICES RATES (SUBCONSULTANTS)ESTIMATED COSTTitle Companies 26,400.00$ Lund 317,457.06$ Sign Company 15,000.00$ Appraisers 351,000.00$ 4B.OUTSIDE SERVICES (VENDORS)*:ESTIMATED COSTFIRM NAME -$ *Prior Approval from CDOT Project Manager required TOTAL OUTSIDE SERVICES 709,857.06$ TOTAL HDR SERVICES 634,537.85$ TOTAL ESTIMATED COST 1,344,394.91$ Two Years PROJECT COST WORKSHEET (COST PLUS FIXED FEE) Greg Jamieson11/28/2018 EXHIBIT B TYPED NAME DATE I am a representative of HDR Engineering, Inc., duly authorized to contractually bind the firm. My signature below constitutes formal agreement (without further SIGNATURER. Bradley Martin, Sr. Vice President ITEM NO: DATE: December 10, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT AND APPROVE SUBSEQUENT PAYMENTS TO HDR, INC., DENVER, CO, IN AN AMOUNT NOT TO EXCEED $75,139 FOR PROFESSIONAL SERVICES FOR ROW ACQUISITION SERVICES FOR RIDGE ROAD PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director of Public Works City Manager ISSUE: The Wheat Ridge · Ward Station planning area is one of four projects in the City’s Investing 4 the Future bond program which is benefitting from $12 million from the voter-approved, temporary ½-cent sales and use tax rate increase. Some of the proposed improvements that have been identified and prioritized as infrastructure projects for the station area require that additional right-of-way (ROW) be purchased. Professional ROW acquisition services are required to move forward with these projects. It is expected that professional services will be needed over at least the next 2 years, depending on the timing and prioritization of the potential projects. PRIOR ACTION: Prior to the commencement of this procurement process, extensive visioning and planning has been focused on the Wheat Ridge · Ward Station planning area. Numerous Council updates and actions have occurred at various stages in these processes. Council was most recently updated on June 4, 2018 on the status of the Wheat Ridge · Ward Station planning area and on private developments in the area. Council Action Form – Right of Way Acquisition Services Contract December 10, 2018 Page 2 In addition, on August 27, 2018, Council approved a contract for design services with Short Elliot Hendrickson, Inc. (SEH) to design and prepare construction drawings for the first three task orders. These task orders covered 52nd Avenue east of Ward Road, Tabor Street between Ridge Road and 52nd Avenue, and Ridge Road east of Tabor Street. On November 19, 2018, Council directed staff not to pursue improvements at this time to the segment of 52nd Avenue east of Tabor Street that would have provided a connection to the proposed Haskins Station development in Arvada. At that same meeting, Council agreed to have staff investigate work on Ridge Road west of Parfet Street. FINANCIAL IMPACT: Professional service fees in the amount of $75,139 are available in the Wheat Ridge · Ward Road Station 2E Bond Fund for right-of-way acquisition services. Staff is currently working with the City of Arvada and Jefferson County to prepare an Intergovernmental Agreement that establishes a cost sharing arrangement for the design and construction of 52nd Avenue and potentially Ridge Road east of Tabor Street. Without the 52nd Avenue connection to Arvada, the traffic impact to Ridge Road east of Tabor Street will be greater. City of Arvada staff have expressed a willingness to participate in funding additional improvements to Ridge Road east of Tabor Street. BACKGROUND: Earlier this year, the City Managers of Arvada and Wheat Ridge along with the County Manager of Jefferson County signed a memorandum of understanding (MOU) agreeing to coordinate and cooperate on designing and funding mutually beneficial road improvements in the area surrounding the Wheat Ridge · Ward station area. Discussions between the staffs of the jurisdictions have been ongoing concerning an intergovernmental agreement (IGA) that outlines cost-sharing and other arrangements for the shared infrastructure improvements. The following potential projects have long been identified as infrastructure priorities in the station area: • Improvements to 52nd Avenue from Ward Road to the City boundary east of Simms Street including improvements to multimodal facilities and to the intersection at Ward Road. • Improvements to Ridge Road from Tabor Street to the City boundary east of Simms Street including improvements to multimodal facilities • Improvements to Tabor Street between Ridge Road and 52nd Avenue including improvements to multimodal facilities • Improvements to Ridge Road between Ward Road and the station including improvements to multimodal facilities • A pedestrian bridge from the station over the rail lines to the south to 49th Place • A linear park with multimodal facilities connecting the station via the pedestrian bridge to the I-70 Frontage Road South Council Action Form – Right of Way Acquisition Services Contract December 10, 2018 Page 3 In August 2018, Council approved a contract with Short Elliot Hendrickson, Inc. (SEH) to prepare construction drawings for the above projects. Staff has since authorized the first three task orders for the following projects: • Task Order #1 – 52nd Avenue (from Ward Road to the City boundary east of Simms Street) • Task Order #2 – Ridge Road (from Tabor Street to the City boundary east of Simms Street) • Task Order #3 – Tabor Street between Ridge Road and 52nd Avenue SEH submitted conceptual plans for the three streets for review on November 21, 2018. Based on the direction received from the Council on November 19, 2018, the portion of 52nd Avenue east of Tabor Street will be excluded from the remainder of the design contract. As noted earlier, the segment of Ridge Road east of Tabor Street to the City boundary east of Simms Street is one of the of projects being designed. Currently, this segment has a somewhat narrower cross-section compared to what is eventually planned for most of Ridge Road. The center turn lane was omitted in order to reduce the amount of ROW that would be needed from the five properties on the north side of Ridge Road. The additional ROW that was anticipated to be required was between 12 and 15 feet. Without the 52nd Avenue connection to Arvada, traffic impacts to Ridge Road east of Tabor Street will be greater. Therefore, the cross-section that was planned may need to be re-examined. The center turn lane may need to be reincorporated due to the higher levels of traffic. In order to minimize the additional ROW required, the proposed amenity zone could be eliminated with a bike lane providing a buffer from the traffic. Staff has determined that 2E funding cannot be used for the multi-modal project on Ridge Road west of Parfet, discussed with Council on November 19, 2018. Therefore, that project will not be pursued at this time. Several of the identified projects will require acquisition of additional ROW or easements in order to be completed. The firm HDR was recently selected by the City’s established procurement process to perform the required professional services. The selection process included review by an evaluation committee of proposals in response to a request for qualifications submitted by three (3) firms. Staff negotiated with HDR to finalize the scope and fees for the anticipated work expected for the first task order for the following location: • Task Order #1 – Ridge Road (from Tabor Street to the City boundary east of Simms Street) Task orders will be issued for each of the tasks and services and will be billed on an hourly basis, and only for the services actually completed. Additional task orders, including the expected tasks and estimated fees, will be negotiated and brought back to Council for approval as additional acquisition needs are identified. Council Action Form – Right of Way Acquisition Services Contract December 10, 2018 Page 4 RECOMMENDATIONS: The consultant selection, based on qualifications, project approach, and experience on similar projects and services, is consistent with the City’s standard procurement policy and process for professional services. Appropriate fees for the work were then negotiated in accordance with the specific tasks and services needed. The City will authorize work to HDR as specific task orders. Staff recommends award of the ROW Acquisition Consultant Contract to HDR. RECOMMENDED MOTION: “I move to award a contract and approve subsequent payments to HDR, Inc., Denver, CO, in an amount not to exceed $75,139 for ROW acquisition services for Ridge Road.” Or, “I move to deny the award of a contract and subsequent payments to HDR, Inc., Denver, CO, in an amount not to exceed $75,139 for ROW acquisition services for Ridge Road for the following reason(s) _________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Steve Nguyen, Engineering Division Manager Scott Brink, Director of Public Works Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. Task Order #1 – Ridge Road scope and fee hdrinc.com November 30, 2018 City of Wheat Ridge – Public Works Attn: Mark A. Westberg, PE, CFM Lauren Mikulak, AICP 7500 West 29th Avenue What Ridge, CO 80033 RE: Modified Scope and Fee for Right-of-Way Services for Ward Station Project #1 Dear Mark and Lauren, We are pleased to submit our modified scope and fee estimate for Right of Way Services for the first Ward Station Project, a project modifying Ridge Road, from Tabor Street to the City Boundary. This modified scope and fee reflects the City’s decision to delete work on 52nd Avenue from this project (ROW services for such work was included in our prior submittal). The attached draft scope outlines our project approach along with proposed deliverables that we plan to complete. Please let me know if you have any questions. Sincerely, Greg Jamieson Senior Right of Way Manager Attachments: Scope of Work and Fee Proposal ATTACHMENT 1 SCOPE OF WORK WARD STATION PROJECT #1 November 30, 2018 RIGHT OF WAY FOR WIDENING OF RIDGE ROAD 1 SECTION 1: PROJECT SPECIFIC INFORMATION PROJECT BACKGROUND The Wheat Ridge ▪ Ward Station (Ward Station) is the end of the line station for the RTD G Line commuter rail. The G Line runs 11.2 miles from the Ward Station through Arvada, Adams County and Denver to downtown Union Station. The opening of RTD’s G line offers the City a redevelopment opportunity in the Ward Station area. A tremendous amount of planning has been focused on the area of the station in the last 15 years. The Wheat Ridge ▪ Ward Station Vision, issued in 2016, positions Ward Station as the premier location in the metro area for outdoor recreation focused companies and employers by introducing outdoor recreation focused co-working spaces within the station area. The outdoor recreation focus of the station area will be supplemented by on-site recreational amenities that will complement development. The approval of the 2E Investing 4 the Future bond program provides important funding for several infrastructure projects in the Ward Station area. As a result of a competitive request for qualifications (RFQ) process, HDR was awarded the opportunity to provide right of way (ROW) services for Ward Station area projects. The first of these infrastructure projects requiring ROW is a project improving Ridge Road between Tabor Street and the City boundary, east of Simms Place, to collector Street Standards (Project). The City has retained SEH Engineering (SEH) to design this Project. The ROW acquisition initially envisioned for this project is ROW acquisitions from 5 owners, consisting of fee simple and temporary easement parcels to be acquired from five (5) ownerships on the north side of Ridge Road. HDR will be responsible for the preparation of legal descriptions, valuations, and acquisition negotiations for such parcels, and support for condemnation actions, if needed, for said parcels. This scope of work defines the tasks needed for these services. HDR’s ROW team will provide the work described in this document. PROJECT GOALS The goals of the ROW acquisition for the Project are to timely acquire the ROW needed for the Project to support the preconstruction schedule while providing considerate treatment to affected property owners. PROJECT LIMITS Ridge Road between Tabor Street and the City boundary. WORK DURATION The primary time period for the work is estimated to begin in January 2019 and end by a ROW clearance in May 2019. An additional time period from May 2019 may be needed to resolve acquisitions through condemnation, if needed. The estimated time period for the extension is through December 2019. ROW TEAM RESPONSIBILITIES AND DUTIES  Preparation of legal descriptions for ROW Parcels.  Valuation of ROW Parcels. SCOPE OF WORK WARD STATION PROJECT #1 November 30, 2018 RIGHT OF WAY FOR WIDENING OF RIDGE ROAD 2  Acquisition Negotiation for ROW Parcels.  Support for Condemnation, if Needed WORK PRODUCT  ROW Schedule  ROW Budget  ROW Project Coordination  Meeting Minutes  Legal Descriptions  Waiver Valuations  Acquisition Files, Including Offer Packets, Agreements, Conveyance Deeds, Easement Agreements, Negotiation Logs  Condemnation Request Packages (If needed) Requirements are further described in the sections that follow. TABLE OF CONTENTS This scope of work will consist of the following seven tasks: 1. ROW Project Management, Meetings and Coordination. 2. Title Services - Obtain title commitments from a subconsultant title company, which will be used to identify liens and encumbrances for the parcels to be acquired for the preparation of legal descriptions for the ROW parcels. 3. Legal Descriptions - Subconsultant professional land surveying company (PLS) to prepare legal descriptions for the ROW parcels. 4. Valuation - Waiver Valuations will be prepared for ROW parcels. 5. Acquisition Negotiation - negotiations with landowners to acquire the ROW parcels. 6. Closings - a subconsultant title company will conduct closings for acquisitions with consensual agreements. 7. Condemnation Support – provide support for condemnations, if any TASK 1: ROW PROJECT MANAGEMENT, MEETINGS AND COORDINATION Task 1.1 Project Records Set Up Set up parcel files and tracking sheets. SCOPE OF WORK WARD STATION PROJECT #1 November 30, 2018 RIGHT OF WAY FOR WIDENING OF RIDGE ROAD 3 Task 1.2 Subconsultant Management This task covers the negotiation and management contracts with Precision Surveying & Mapping, Inc. (Precision) for survey and preparation of legal descriptions, and with the subconsultant title company for title and closing. Task 1.3 Invoicing Prepare, review and provide to City monthly invoices. This task includes reviewing, processing and paying subconsultants on their subconsultant contracts. Deliverables:  12 monthly invoices Task 1.4 ROW Kickoff Meeting The ROW Team will conduct a ROW kickoff meeting with the City. Coordination with SEH on the survey Precision will need for the legal descriptions, coordination with SEH and the City on engineering design, and discussion with affected landowners on design alternatives (if needed) will be discussed at this meeting. An initial ROW Project schedule and budget will be prepared and discussed at this meeting. ROW forms to be used will be identified at these meetings. City approvals and approvers for the ROW process will be identified at these meetings. Following the kickoff meeting, HDR will compile and send out minutes for the meeting. Deliverables:  One ROW project schedule  One ROW project budget  One meeting agenda  Preparation of minutes from meeting Task 1.5 Incentive Program HDR will conduct two meetings with the City to discuss the parameters for an acquisition incentive program for the Project. After decisions are made on proposed incentive programs, HDR will prepare and submit to the City a written request for approval of the incentive program that will define the parameters of the incentive program. Following the meetings, HDR will compile and send out minutes of the meetings. Deliverables:  Two meeting agendas  Preparation of minutes from two meetings  Written request for approval of incentive programs Task 1.6 External Project Coordination Meetings HDR and the City will meet as required (typically two meetings per month) to monitor progress on the ROW process, discuss issues and obtain required City decisions. Discussion items may include, modifications to the schedule and budget, progress on ROW phases (legal descriptions, valuation, acquisition negotiation and condemnation), review of acquisition tracking sheets, responses to counteroffers, strategies for challenging negotiations and other issues, and problem solving. Following the coordination meetings, HDR will compile and send out minutes of the meeting. SCOPE OF WORK WARD STATION PROJECT #1 November 30, 2018 RIGHT OF WAY FOR WIDENING OF RIDGE ROAD 4 Deliverables:  10 Meeting agendas  Preparation of minutes from 10 meetings  Updated ROW schedule, as needed  Updated ROW budget, as needed  Acquisition tracking sheets Task 1.7 Internal Coordination This task is for HDR’s tasks associated with managing the project. This task includes the ROW Team’s internal coordination, internal ROW Team meetings, updating acquisition tracking sheets, updating the ROW Project schedule and budget, as needed. TASK 2: TITLE COMMITMENTS Task 2.1 Coordinate and Review Title Commitments Order and coordinate delivery of title commitments for fee simple parcels. Review title commitments for financial liens and other encumbrances relevant to the acquisitions. Title Subconsultant Deliverable No. 1:  Five (5) title commitments from subconsultant title company.  Estimated fee for title work is $7,500, consisting of $1,500/commitments X 5 commitments. Assumptions: - Five (5) title commitments will be needed for the fee simple parcels. This number may change as the design advances and ROW impacts are better defined. If more than five (5) title commitments, additional fee will need to be negotiated. TASK 3: LEGAL DESCRIPTIONS Task 3.1 Coordination for Survey and Design for ROW Parcels Coordinate with Precision, SEH and the City on the survey Precision will need to support preparation of legal descriptions for ROW parcels. Additional coordination to make design decisions relevant to ROW parcel configuration and to determine size, shape, location and type of parcels to be acquired. Subconsultant PLS (Precision) Deliverable No. 1 – Survey  A survey, including project control and topography (if needed) to support preparation of legal descriptions for ROW parcels. Assumptions: - SEH has completed a survey of the existing condition to support design of the Project. Precision will review and consider such survey, but Precision will need to independently verify some SCOPE OF WORK WARD STATION PROJECT #1 November 30, 2018 RIGHT OF WAY FOR WIDENING OF RIDGE ROAD 5 information and obtain additional survey to support preparation of legal descriptions. Precision and SEH’s surveys will be on the same control and datums. A Project goal will be for the two surveys from the two consultant firms to complement each other. Task 3.2 Legal Descriptions Coordinate with Precision, SEH and the City on preparation of exhibits and legal descriptions for ROW parcels. Subconsultant PLS (Precision) Deliverable No. 2 – Legal Descriptions  Exhibits and legal descriptions for ROW parcels prepared in compliance with City standards. Assumptions: - This task assumes a total of ten (10) exhibits and legal descriptions. If more than ten (10) legal descriptions are needed, additional fee will need to be negotiated. TASK 4: PARCEL VALUATIONS Task 4.1 Waiver Valuations Review market sales data to determine land values to be used in waiver valuations. Prepare waiver valuations in compliance with City requirements. Submit Waiver Valuations to the City for review and approval. Waiver valuations will be the basis for the offers made to the landowners. Deliverables:  5 waiver valuations. Assumptions: - 5 waiver valuations will be needed. This number may change as the design advances and ROW impacts are better defined. If more than 5 waiver valuations are needed, additional fee will need to be negotiated. - If an acquisition is required to be resolved through condemnation, an appraisal of the ROW parcel(s) may be needed to provide valuation evidence in hearings or trials. If an appraisal of the ROW parcel is needed, additional fee for such appraisal(s) will need to be negotiated. Task 4.2 Landowner Appraisal Review Section 38-1-121, C.R.S. requires, for acquisitions with estimated values greater than $5K, that landowners to be advised of their right to get an appraisal and have the governmental entity reimburse them for the reasonable value of the appraisal if certain conditions are met. If landowners notified of this right take advantage of it and submit appraisals to the City, an appraisal content review of the appraisal will be reviewed by HDR’s appraiser to determine if the Section 38-1-121, C.R.S. criteria for payment reimbursement is satisfied. After the content review of landowner(s) appraisals, the HDR review appraiser will make recommendations to the City, as to whether the landowner appraiser’s fee will should be paid and if modifications to the amount offered should be made. SCOPE OF WORK WARD STATION PROJECT #1 November 30, 2018 RIGHT OF WAY FOR WIDENING OF RIDGE ROAD 6 Deliverables:  Review reports for appraisals submitted. Assumptions: - Section 38-1-121, C.R.S. requires landowners to be advised of their right to get an appraisal and have the governmental entity pay for it if certain conditions are met, for acquisitions with estimated values greater than $5K. Landowners may or may not take advantage of this right. This task assumes that 2 of the 5 landowners advised of this right will take advantage of it. - The cost of landowner appraisals is not included in this HDR SOW and fee estimate and will be paid separately by the City. TASK 5: ACQUISTION NEGOTIATION Task 5.1 Preparation and Delivery of Acquisition Documents Prepare and send notice of intent to acquires, offer letters, summaries of just compensation, final offer letters and additional correspondence as agreed to by the City and HDR. Deliverables:  Notice of intent to acquires  Offer packets.  Additional correspondence and documents, as needed.  Final offers, if required. Assumptions: - Acquisition negotiations from five (5) landowners will be needed. This number may change as the design advances and ROW impacts are better defined. If acquisitions from more than five (5) landowners are needed, additional fee will need to be negotiated. Task 5.2 Conduct Acquisition Negotiations Negotiate consensual agreements for the acquisition of property rights based on FMVs and waiver valuations. Deliverables:  Signed settlement agreements.  Justification for administrative settlements and other City required settlement forms.  Negotiation logs. Assumptions: - Negotiations will be limited to three in person meetings. Negotiations result in consensual agreements. If an agreement cannot be reached on a negotiation, the matter will be discussed with the City. If the City determines that it will resolve the acquisition through condemnation, HDR will prepare and submit a condemnation packet to the City (the fee for this is in Section 6.1). This SOW and fee estimate do not include tasks and fees for participation in condemnation proceedings. If the City authorizes condemnation on an acquisition and additional ROW services SCOPE OF WORK WARD STATION PROJECT #1 November 30, 2018 RIGHT OF WAY FOR WIDENING OF RIDGE ROAD 7 are needed from HDR to support the condemnation, additional SOW and fee for such services will be negotiated. Task 5.3 File Maintenance, QA/QC Review and Submittal One hard copy file will be maintained by HDR for each acquisition. At a minimum, the file will contain: the notice of intent to acquire, appraisal or value finding; offer letter; closing documents; typed and signed negotiation logs of contacts with owners; and the related correspondence regarding the parcel acquisition. Upon completion of each acquisition, files will be finalized, QC’d and delivered to the City. Deliverables:  Final files – hard copy and digital TASK 6: CLOSINGS Task 6.1 Coordinate Closings with Title Company or Prepare Condemnation Package for Attorneys For acquisitions resolved through consensual agreements, coordinate closings with Subconsultant Title Company, including release or subordination of financial liens. If an agreement cannot be reached on an acquisition negotiation, the matter will be discussed with the City. If the City determines that it will resolve the acquisition through condemnation, submission of a condemnation packet will be a substitute for the closing coordination. Deliverables:  Closing packets and final signed and recorded agreements from closings.  Title insurance policies.  Substitution of a condemnation packet for negotiations that cannot be resolved by a consensual agreement, which the City authorizes condemnation. Title Subconsultant Deliverable No. 2:  Closings.  Title Insurance Policies Assumptions: - Closings for acquisitions from five (5) landowners will be needed. This number may change as the design advances and ROW impacts are better defined. If more than five (5) closings are needed, additional fee will need to be negotiated. The Subconsultant Title Company will facilitate closings, however closings for temporary easement only acquisitions, or low value acquisitions, may be done by HDR instead of the Subconsultant Title Company, if approved by the City. - For closings conducted by the Subconsultant Title Company, the City will pay all Subconsultant Title Company’s closing fees, including recording fees, costs associated with lien releases, if any, and the cost of title insurance policies. SCOPE OF WORK WARD STATION PROJECT #1 November 30, 2018 RIGHT OF WAY FOR WIDENING OF RIDGE ROAD 8 CONDEMNATIONS Support for Condemnation Actions If condemnations are filed, HDR may be requested to provide services to support the condemnation, including testimony at depositions and hearings, participation in litigation preparation and strategy meetings, participation in mediations or other alternative dispute resolution efforts, and preparation of exhibits and trial exhibits. No fee proposal is included for this task because it is difficult to predict how many, if any, condemnations will be filed. If condemnations are filed and HDR is requested to provide support services for such condemnations, a separate fee will need to be negotiated for such services. Assumptions: - Aside from the possible fees for HDR condemnation support services described herein, the City will be responsible for all other costs of condemnations, including court filing fees, attorney’s fees and court costs. ROW PROJECT SCHEDULE The HDR team will work with Wheat Ridge to develop a schedule for the tasks described herein. HDR will monitor progress on the schedule and work with Wheat Ridge to update it, if needed. CITY OF WHEAT RIDGE - ROW FOR WARD STATION AREA PROJECT #1 - FEE ESTIMATE Fee Estimate 11/30/2018 HDR Labor Staff Name Jamieson Lee Gerondale Vallard Pietri Lopez Kelly Berry Bryan Billing Category Sr. Project Manager I Sr. Project Professional II Sr. Project Professional I ROW Agent II ROW Agent I Planner Jr.Project Controller II Project Controller I Administrative Billing Rate $212.00 $190.00 $163.00 $130.00 $92.00 $84.00 $104.00 $90.00 $67.00 1 ROW PROJECT MANAGEMENT, MEETINGS AND COORDINATION 38 46 4 16 6 12 28 4 9 163 $24,963.00 1.1 Project Records Set Up 2 2 4 4 12 $1,270.00 1.2 Subconsultant Management 2 4 4 2 12 $1,686.00 1.3 Invoicing 2 12 24 38 $5,200.00 1.4 ROW Kickoff Meeting 4 4 6 1 15 $2,455.00 1.5 Incentive Program 6 2 2 4 2 16 $2,632.00 1.6 External Project Coordination Meetings 12 20 4 36 $6,612.00 1.7 Internal Coordination 12 4 6 2 10 34 $5,108.00 2 TITLE COMMITMENTS 0 2 0 0 2 6 0 0 0 10 $1,068.00 2.1 Coordinate, Order and Distribute Title Commitments 2 2 $184.00 2.2 Review Title Commitments 2 6 8 $884.00 3 LEGAL DESCRIPTIONS 8 16 0 2 2 0 0 0 0 28 $5,180.00 3.1 Coordination for Survey and Design for ROW Parcels 6 8 2 16 $3,052.00 3.2 Legal Descriptions 2 8 2 12 $2,128.00 4 PARCEL VALUATIONS 6 4 0 14 4 12 0 0 10 50 $5,898.00 4.1 Waiver Valuations 4 4 8 4 12 10 42 $4,694.00 4.2 Landowner Appraisal Review 2 6 8 $1,204.00 5 ACQUISTION NEGOTIATION 4 18 4 2 4 188 0 0 12 232 $22,144.00 5.1 Preparation and Delivery of Acquisition Documents 8 2 50 12 72 $6,850.00 5.2 Conduct Acquisition Negotiations 4 8 2 2 120 136 $13,034.00 5.3 File Maintenance, QA/QC Review and Submittal 2 4 18 24 $2,260.00 6 CLOSINGS 2 2 0 0 4 16 0 0 0 24 $2,516.00 6.1 Coordinate Closings with Title Company or Prepare Condemnation Package for Attorneys 2 2 4 16 24 $2,516.00 Total HDR Labor Hours 58 88 8 34 22 234 28 4 31 507 Total HDR Labor Fee $12,296.00 $16,720.00 $1,304.00 $4,420.00 $2,024.00 $19,656.00 $2,912.00 $360.00 $2,077.00 $61,769.00 Direct Expenses $350.00 5.1 Mileage $200.00 5.2 Plotting, Reproduction, Graphics, Other $150.00 Subconsultants $13,020.00 1 Precision Engineering $5,520.00 2 Title Subconsultant $7,500.00 TOTAL PROJECT FEE $75,139.00 Subtotal Hours by Task Subtotal Fee by Task Page 1 of 1 9025 E Kenyon Ave., Suite 150, Denver, CO 80237 tel.: (303) 753-9799, mob.: (303) 885-7161 www.precision-survey.com Page 1 of 3 November 28, 2018 Greg Jamieson Senior Right of Way Manager HDR 1670 Broadway, Suite 3400 Denver, CO 80202-4824 D 303.323.9790 M 303.929.9367 Gregory.Jamieson@hdrinc.com Re: City of Wheat Ridge-Ward Station Area Project-Revised November 28, 2018 Dear Greg: Precision Survey & Mapping, Inc. is pleased to submit a revised fee proposal for the City of Wheat Ridge-Ward Station Area Project. Thank you again for the opportunity to provide our Land Surveying Services. Please feel free to call with any questions. Sincerely, Christopher P. Juliana, PLS 9025 E Kenyon Ave., Suite 150, Denver, CO 80237 tel.: (303) 753-9799, mob.: (303) 885-7161 www.precision-survey.com Page 2 of 3 SCOPE OF WORK: SURVEY WORK ASSOCIATED WITH RIGHT-OF-WAY ACQUISITION Precision Survey & Mapping, Inc. (PSM) will provide surveying services for the City of Wheat Ridge-Ward Station Area Project. Said project area is more particularly shown on the attached Exhibit “A”. This survey work will include necessary field and office work associated with the preparation of Exhibit and Legal Description associated with the acquisition of right-of-way and temporary construction easements. Wheat Ridge anticipates Fee Acquisitions and Temporary Easements from the five landowners on the north side of Ridge Road. A total of 10 (ten) Exhibit & Legal Descriptions, more or less will be provided. The scope of work is further described as follows: PROPERTY BOUNDARY RECORDS RESEARCH  Acquire county records data including, assessor’s records, deeds, subdivision plats, land survey plats, section monument records, road right-of-way/county commissioner road petitions and BLM plats.  Property lines and right-of-way lines of subject properties will be established and all proposed easements will be shown in relation thereto.  Provide necessary office calculations and boundary line analysis for determination of property and right-of-way lines. TITLE INFORMATION BINDERS  HDR Inc. will provide Procurement of all required Title Information Binders.  Precision Survey & Mapping, Inc. will review said information binders and reflect any easements and encumbrances reflected in the Schedule B Documents in electronic format. CONTROL SURVEY  Establish horizontal control based on the design survey prepared by SEH Architects. PROJECT COORDINATION  Provide necessary project coordination with SEH Architects in order to establish project control and property lines. EXHIBIT & LEGAL DESCRIPTION PREPARATION: Provide necessary office work for preparation of Exhibit and Legal Descriptions for required right-of-way acquisition and temporary easements. Provide said Exhibit & Legal descriptions to HDR Inc. and AECOM for review. Wheat Ridge anticipates Fee Acquisitions and Temporary Easements from the five landowners on the north side of Ridge Road. A total of 10 (ten) Exhibit & Legal Descriptions, more or less will be provided. 9025 E Kenyon Ave., Suite 150, Denver, CO 80237 tel.: (303) 753-9799, mob.: (303) 885-7161 www.precision-survey.com Page 3 of 3 RIGHTS OF ENTRY: Obtain right of entry from required property owners for land surveying activities SURVEY STAKING: Provide necessary field and office work associated with the survey staking of Right-of-Way Acquisitions and Temporary Easements. Survey points will be marked by a 60d spike nail with a florescent pink hub chaser attached thereto and a 48” surveyors lath with surveyors flagging marked appropriately. Photographs will be taken of completed work and provided to client. DELIVERABLES  Provide signed and sealed Exhibit & Legal Descriptions in an Adobe PDF format as well as any desired electronic format. SURVEYING FEE  Survey Fee: $5,520 EXHIBIT “A” ITEM NO: DATE: December 10, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 69-2018 – A RESOLUTION APPROVING AN AGREEMENT WITH THE WHEAT RIDGE SANITATION DISTRICT REGARDING 29th AVENUE STREET IMPROVEMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________ __ _____________________________ Director of Public Works City Manager ISSUE: The City has been working for several years with Denver Water and the City of Edgewater on the reconstruction of 29th Avenue between Kendall and Fenton Streets. In order to simplify design and construction coordination, the City negotiated agreements with Denver Water and the City of Edgewater for the City of Wheat Ridge to construct the improvements and be reimbursed by both entities for their shares. This year, the City was approached by the Wheat Ridge Sanitation District to reach a similar agreement to reconstruct a portion of their sanitary sewer main within the limits of the project. PRIOR ACTION: On September 10, 2012, City Council approved a special use permit (SUP) with Denver Water to allow for reconstruction of the Ashland Reservoir to replace the original concrete-lined ponds with two smaller tanks. At that same meeting, an intergovernmental agreement (IGA) was also approved that outlined the responsibilities of Denver Water and the City for improvements to the adjacent streets and streetscape. Council Action Form – Wheat Ridge Sanitation District Agreement December 10, 2018 Page 2 On April 24, 2017, City Council designated the street width for 30th Avenue and Fenton Street adjacent to the Denver Water property. Also included was 29th Avenue between Ingalls and Fenton Streets. On April 23, 2018, City Council designated the street width for an additional portion of 29th Avenue between Kendall and Ingalls Streets and also re-designated the street width of 29th and 30th Avenues and Fenton Street since construction had not started before the previous street width designation expired. On July 9, 2018, City Council approved an IGA with the City of Edgewater that outlined the responsibilities of each city for the cost of the improvements for 29th Avenue between Kendall and Gray Streets. In addition to the street improvements, a waterline will also be installed in 29th Avenue within the project limits. On September 24, 2018, City Council approved an IGA amendment with Denver Water that outlined the responsibilities of each entity for the cost of the improvements around the Ashland Reservoir site on 29th and 30th Avenues and Fenton Street. FINANCIAL IMPACT: Funding for the portion of the street project that was originally Denver Water’s responsibility will be provided by Denver Water. Likewise, Edgewater will be responsible for the portions of the street project within their jurisdiction as well as the cost of the waterline. In addition, the Wheat Ridge Sanitation District (WRSD) will be responsible for the cost of reconstructing their sanitary sewer line in 29th Avenue within the scope of the project. Denver Water, Edgewater, and WRSD will reimburse the City for their portions of the work as the pay requests from the contractor are received. Funding for the street project was originally approved in the Minor Street Improvement Project line item of the 2018 Capital Improvement Program Budget in the amount of $1,570,000. Based on this estimated cost, the reimbursement from Denver Water and Edgewater would total $733,375, leaving the City’s budgeted share at $836,625. The above amounts did not include the underground utility work that is now proposed by Edgewater and WRSD. Bids were received on July 24, 2018, with the City’s portion being almost 40% over the budgeted amount. Denver Water’s portion is over 60% higher than what was budgeted. This is partly due to the fact the some work on 30th Avenue and Fenton Street was originally to be done separately by Denver Water and was not included in the budget. The City of Edgewater’s portion was over twice what was budgeted, partly due to the addition of the waterline construction, which was also not included in the budget. The Wheat Ridge Sanitation District’s portion for the sanitary sewer line was also not included in the budget In late September 2018, City staff decided to rebid the project for a variety of reasons that were discussed with City Council on September 24, 2018, including anticipating obtaining better pricing. In the adopted 2019 budget, the 2018 Estimated column, entries were revised to reflect the original bid prices that were received. The funding breakdown is as follows: Council Action Form – Wheat Ridge Sanitation District Agreement December 10, 2018 Page 3 Total Budget $2,690,000 City of Wheat Ridge Share $1,161,000 Denver Water Share $666,000 City of Edgewater Share $691,000 Wheat Ridge Sanitation District Share $173,000 BACKGROUND: The City of Denver has maintained water storage reservoirs at the Ashland site since the 1890s. With their construction project, the previous 41-million-gallon reservoirs were replaced with two 10-million gallon concrete tanks. The SUP required that Denver Water add streetscape improvements to the adjacent streets, 29th and 30th Avenues and Fenton Street. The IGA required that Denver Water assist in the reconstruction of 29th Avenue to straighten the street. This also included dedication of right-of-way along 29th Avenue. Denver Water was assigned responsibility for reconstructing the north half of 29th Avenue along their frontage with the City being responsible for the remainder of 29th Avenue. As the City continued to work with Denver Water on this project, it was determined to be in the best interest of both entities to include Denver Water’s portion of the street and streetscape construction into the City’s project. This simplifies the design and construction coordination and would result in better pricing since all of the work would be done as one large project. In order to provide a logical starting point for the straightening of 29th Avenue, the western limit was extended to Ingalls Street, with the eastern limit at the alley between Fenton and Eaton Streets. In mid-June 2017, the City was notified by the City of Edgewater of a potential development proposal for the vacant land south of 29th Avenue between Kendall and Ingalls Streets. In addition to the street improvements, Edgewater desired to construct a waterline between Kendall and Gray Streets. The line currently stops just south of the intersection of Kendall Street and 29th Avenue and must be frequently blown out (flushed) due to water quality issues caused by stagnation. The waterline connection is also needed to serve the potential development in Edgewater. As with Denver Water, both cities saw numerous advantages in coordinating the design and construction work, including minimizing the impact to the traffic on 29th Avenue, by combining the waterline project with the street project. Edgewater’s waterline plans are currently under review by Denver Water. The draft plans were incorporated into the City’s street plan set. The City will provide the construction oversight of the street project with the waterline construction being inspected by Edgewater. In addition, during a coordination meeting that was held earlier this year with the affected utility companies, staff was notified by Wheat Ridge Sanitation District that they needed to replace a sanitary sewer line within the limits of the street reconstruction project. Again, staff saw numerous advantages in coordinating the construction work by combining the sanitary sewer project with the street project. The District has completed the sanitary sewer plans and they have Council Action Form – Wheat Ridge Sanitation District Agreement December 10, 2018 Page 4 been incorporated into the City’s street plan set. The City will provide the construction oversight of the street project with the sanitary sewer construction being inspected by the District. On April 4, 2016, and March 7, 2018, neighborhood informational meetings were held to discuss the proposed improvements with neighboring property owners and stakeholders. The second neighborhood meeting included the new segment of 29th Avenue between Kendall and Ingalls Streets. Feedback received at both informational meetings was generally positive. Negotiations concerning the cost sharing of the mill and overlay of 30th Avenue and Fenton Street and other items delayed the finalization of the amendment to the Denver Water IGA. In addition, the City of Edgewater wanted to reduce their scope of work on their portion of 29th Avenue. They also advised City staff that funds would not be available to reimburse the City until 2019. Due to the delays in finalizing the Denver Water IGA amendment and the other issues mentioned above, in late September 2018, City staff decided to reject the bids that were received on July 24, 2018, repackage the bid documents, and rebid the project with a construction start in Spring 2019. The repackaged bid documents were advertised on November 19, 2018 with the bids being due on December 18, 2018. City staff anticipates bringing the construction contract to City Council for award in January 2019. RECOMMENDATIONS: Staff recommends approving the amendment to the IGA with the Wheat Ridge Sanitation District. RECOMMENDED MOTION: “I move to approve Resolution No. 69-2018, a resolution approving an agreement with the Wheat Ridge Sanitation District regarding 29th Avenue street improvements.” Or, “I move to postpone indefinitely Resolution No. 69-2018, a resolution approving an agreement with the Wheat Ridge Sanitation District regarding 29th Avenue street improvements for the following reason(s) ________________________.” REPORT PREPARED/REVIEWED BY: Scott Brink, Director of Public Works Steve Nguyen, Engineering Supervisor Mark Westberg, Engineering Project Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 69-2018 2. Agreement with the Wheat Ridge Sanitation District CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 69 Series of 2018 TITLE: RESOLUTION NO. 69-2018 - A RESOLUTION APPROVING AN AGREEMENT WITH THE WHEAT RIDGE SANITATION DISTRICT REGARDING 29TH AVENUE STREET IMPROVEMENTS WHEREAS, Wheat Ridge and the Wheat Ridge Sanitation District have facilities within the right-of-way of West 29th Avenue; and WHEREAS, the parties have programmed various infrastructure improvements on West 29th Avenue; and WHEREAS, the City of Wheat Ridge and the Wheat Ridge Sanitation District have agreed to share the cost of the improvements; and WHEREAS, the City will oversee construction of those street improvements; and WHEREAS, the City will seek reimbursement from the Wheat Ridge Sanitation District for their share of the street improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Agreement Approved. The Agreement with the Wheat Ridge Sanitation District regarding the 29th Avenue street improvements is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this 10th day of December, 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk ATTACHMENT 1 AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________________, 2018 (“Effective Date”), by and between the WHEAT RIDGE SANITATION DISTRICT, a Colorado quasi-governmental agency, (hereinafter referenced as "the District"), and the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation (hereinafter referred to as "the City”). RECITALS WHEREAS, the City of Wheat Ridge has completed plans and specifications providing for the reconstruction of 29th Avenue between Fenton Street and Kendall Street; and WHEREAS, the Wheat Ridge Sanitation District owns and maintains sanitary sewer facilities underneath 29th Avenue between Fenton Street and Kendall Street; and WHEREAS, said sanitary sewer facilities must be relocated to facilitate the reconstruction of 29th Avenue; and WHEREAS, the placement and use of private and public utilities in the public right of way, including sanitary sewer, are subject to the regulations and requirements of the City; and WHEREAS, the work and cost to install, maintain, or relocate utilities in the public right of way are the responsibility of the respective utility owner; and WHEREAS, the parties agree that it is in the best interest of both for the City to include said relocation work under its roadway reconstruction contract, and for the District to reimburse the City in accordance with the terms of this agreement. AGREEMENT NOW THEREFORE, in consideration of the recitals, covenants, and promises herein set forth and other good and valuable consideration herein receipted for, the parties agree as follows: 1.0 Reconstruction. The City agrees to reconstruct the entirety of 29th Avenue between Fenton Street and Kendall Street. The reconstruction includes but is not limited to removal of the existing pavement, grading, base, concrete curb and gutter, asphalt surfacing, sidewalk, and boulevard restoration. The District consents to the City to relocate the District’s sanitary sewer facilities as needed to facilitate the roadway construction as illustrated in Exhibit A. 2.0 Construction Operations. Street reconstruction and sanitary sewer work shall be performed by a qualified contractor (Contractor) retained by the City through a public bidding process under the requirements of the State of Colorado and the City of Wheat Ridge. 3.0 Scope of Work. Pursuant to this IGA, the Contractor shall perform said sewer and roadway construction work as illustrated in Exhibit A, and as set forth in the Scope of Work described in Exhibit B, and quantities provided in Paragraph 4.0, ATTACHMENT 2 -2- and in accordance with the standards set forth in the contract between the Contractor and the City of Wheat Ridge. 4.0 Consideration. In exchange for the Contractor’s services, The District shall pay the City in accordance with the following table. The table unit prices are actual unit bid prices. Payment shall be made in a lump sum within thirty (30) days following substantial completion and acceptance of the work by the City. Sanitary Sewer Utility Work Insert: Bid Schedule: Table of Quantities, Unit Prices, and Totals 5.0 Term. Terms of this Agreement shall remain in effect from the Effective Date until each party accepts the work and has paid its required cost share as set forth herein. 6.0 Liability. Each party shall be responsible for its own negligent acts. To the extent permitted by law, each party shall reimburse the other party for any costs, expenses or legal fees that either party may incur for any liability resulting from the negligent acts of the other party in its performance of its obligations under this Agreement. 7.0 Notices. Any notices required or permitted hereunder shall be sufficient if personally delivered or if sent by First Class U.S. mail, postage prepaid, addressed as follows: Board of Directors Wheat Ridge Sanitation District 7100 W. 44th Avenue, #104 Wheat Ridge, CO 80034 Public Works Director City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 8.0 No Waiver of Immunity. Each party, its officers and its employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to it, its officers and employees. 9.0 Amendments to Agreement. No changes, alterations or modifications to any of the provisions hereof shall be effective unless contained in a written agreement signed by all three parties. 10.0 Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, proposals, -3- representations, negotiations and letters of intent, whether written or oral, pertaining to the subject matter of this Agreement. 11.0 Situs, Venue and Severability. The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder, venue shall be in the Courts of the County of Jefferson, State of Colorado. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 12.0 Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 13.0 Binding Agreement. This Agreement shall be binding upon and for the benefit of the parties hereto, their successors and assigns. 14.0 ARTICLE X, SECTION 20/TABOR The parties understand and acknowledge that each of them is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, the obligations of each party are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the current fiscal period ending upon the next succeeding December 31. Financial obligations of each party payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of such party and other applicable law. Notwithstanding any other provision of this Agreement concerning termination or term, upon any party’s failure to appropriate such funds, this Agreement shall automatically terminate. Each party agrees to provide the others with thirty (30) days’ notice of its intent to fail to appropriate funds for purposes of this Agreement. -4- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF WHEAT RIDGE: ATTEST: By: Janelle Shaver, City Clerk WHEAT RIDGE, COLORADO, a Colorado municipal corporation By: Bud Starker, Mayor WHEAT RIDGE SANITATION DISTRICT: ATTEST: By: WHEAT RIDGE, COLORADO, a Colorado quasi-governmental agency By: -5- EXHIBIT A (Insert Map and Construction Plans) WH E A T R I D G E S A N I T A T I O N D I S T R I C T 20 1 8 C A P I T A L I M P R O V E M E N T S P R O J E C T FO R R E V I E W M AR T I N /M AR T I N C O N S U L T I N G E N G I N E E R S 12 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 30 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M SS1 CO V E R 811 Exhibit A SS-1 SS2 PL A N & P R O F I L E WH E A T R I D G E S A N I T A T I O N D I S T R I C T 20 1 8 C A P I T A L I M P R O V E M E N T S P R O J E C T FO R R E V I E W M AR T I N /M AR T I N C O N S U L T I N G E N G I N E E R S 12 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 30 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M 811 SS-1 SS3 SF - 5 C T O S F - 4 WH E A T R I D G E S A N I T A T I O N D I S T R I C T 20 1 8 C A P I T A L I M P R O V E M E N T S P R O J E C T FO R R E V I E W M AR T I N /M AR T I N C O N S U L T I N G E N G I N E E R S 12 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 30 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M 811 WH E A T R I D G E S A N I T A T I O N D I S T R I C T 20 1 8 C A P I T A L I M P R O V E M E N T S P R O J E C T FO R R E V I E W M AR T I N /M AR T I N C O N S U L T I N G E N G I N E E R S 12 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 30 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M SS4 DE T A I L S ONSITE CONCRETE WASHOUT STRUCTURE WH E A T R I D G E S A N I T A T I O N D I S T R I C T 20 1 8 C A P I T A L I M P R O V E M E N T S P R O J E C T FO R R E V I E W M AR T I N /M AR T I N C O N S U L T I N G E N G I N E E R S 12 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 30 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M SS5 DE T A I L S -6- EXHIBIT B Scope of Work (Provide and Insert Description of the Work) October 8th, 2018 W. 29TH AVE. SANITARY SEWER RE-ALIGNMENT 00020-1 EXHIBIT B PROJECT: W. 29TH AVE. SANITARY SEWER RE-ALIGNMENT PROJECT NO: 17.0633.C.04 DATE: October 8th, 2018 OWNER: WHEAT RIDGE SANITATION DISTRICT 7100 WEST 44TH AVENUE, SUITE 104 WHEAT RIDGE, COLORADO 80033 (303) 424-7252 ENGINEER: MARTIN/MARTIN, INC. 12499 WEST COLFAX AVENUE LAKEWOOD, COLORADO 80215 (303) 431-6100 The principal work to be provided under this agreement shall meet Wheat Ridge Sanitation District’s Rules, Regulations, and Standards and shall consist of the abandonment of approximately 750 linear feet of existing 8” sanitary main, installation of approximately 750 linear feet of proposed 12” sanitary main, construction of three 4’ diameter eccentric cone manholes, connections to existing sanitary manholes, and auxiliary items including excavation, bypass pumping (if required), bedding, compaction, replacement of appurtenances thereto, etc. Principal work is located within the City of Wheat Ridge, Colorado. ITEM NO: DATE: December 10, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 72-2018 – A RESOLUTION ACCEPTING THE RESIGNATION OF COUNCILMEMBER MONICA DURAN AND THANKING HER FOR HER CONTRIBUTIONS TO THE CITY OF WHEAT RIDGE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: Councilmember Monica Duran was elected to the Colorado House of Representatives on November 6, 2018 to represent Colorado in House District 24. Ms. Duran tendered her resignation to the Mayor and City Council on November 18, 2018, with an effective date of December 31, 2018. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: Ms. Duran was elected as a District I City Councilmember in November 2015. Monica also served on the Wheat Ridge Planning Commission, the Wheat Ridge Carnation Festival Board, represented the City on the Colorado Municipal League Policy Committee and was involved with Wheat Ridge Partnered in Faith. CAF – Councilmember Duran Resignation December 10, 2018 Page 2 RECOMMENDED MOTION: “I move to approve Resolution No. 72-2018, a resolution accepting the resignation of Councilmember Monica Duran and thanking her for her contributions to the City of Wheat Ridge.” Or, “I move to postpone indefinitely Resolution No. 72-2018, a resolution accepting the resignation of Councilmember Monica Duran and thanking her for her contributions to the City of Wheat Ridge for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 72-2018 2. Resignation email, dated November 18, 2018 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 72 Series of 2018 TITLE: A RESOLUTION ACCEPTING THE RESIGNATION OF COUNCILMEMBER MONICA DURAN AND THANKING HER FOR HER CONTRIBUTIONS TO THE CITY OF WHEAT RIDGE WHEREAS, Councilmember Monica Duran was elected to the Colorado House of Representatives on November 6, 2018 to represent Colorado in House District 24; and WHEREAS, Councilmember Duran tendered her resignation to the Mayor and City Council on November 18, 2018, with an effective date of December 31, 2018; and WHEREAS, Councilmember Duran was elected as a District I City Councilmember in November 2015; and WHEREAS, Councilmember Duran served on the Wheat Ridge Planning Commission, the Wheat Ridge Carnation Festival Board, represented the City on the Colorado Municipal League Policy Committee and was involved with Wheat Ridge Partnered in Faith. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wheat Ridge, Colorado hereby accepts the resignation of Councilmember Duran, effective December 31, 2018; and BE IT FURTHER RESOLVED that the City Council of the City of Wheat Ridge, Colorado also expresses its gratitude for Ms. Duran’s significant contributions to the City of Wheat Ridge organization and community and wishes her the best of luck in her new role as Colorado Representative for District 24. DONE AND RESOLVED this 10th day of December, 2018. By: _____________________________ Bud Starker, Mayor ATTEST: ______________________________ Janelle, Shaver, City Clerk ATTACHMENT 1 1 Patrick Goff From:Monica Duran Sent:Sunday, November 18, 2018 9:41 PM To:Bud Starker Cc:Janeece Hoppe; Zachary Urban; Kristi Davis; George Pond; Tim Fitzgerald; Larry Mathews; Leah Dozeman Subject:Mayor Starker, City Council and City Staff, Mayor Starker, City Council and City Staff, It has been my privilege to serve our beloved community on the Wheat Ridge City Council. Together, we made tremendous strides and moved our city forward through innovation, inclusivity, and diversity. I'm proud that during my tenure the leadership of our great city has begun to better reflect its population, ensuring that everyone has a seat at the table. I have always believed that being a public servant is a privilege, not to be taken lightly. While we may not always agree, I have found the input of my colleagues on City Council to be invaluable in my mission to better the lives of the people of Wheat Ridge. I am humbled and honored to have been to chosen by our community to be their next representative in the Colorado State Legislature. I look forward to working closely with each and every one of you in my new role, and I hope that you will consider me a resource while I serve in the Capitol. My office will always be open to you. I hereby tender my formal resignation from Wheat Ridge City Council, District 1 effective December 31st, 2018. Sincerely, Monica Duran Representative-Elect HD-24 Sent from my iPhone ATTACHMENT 2 ITEM NO: DATE: December 10, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 73-2018 – A RESOLUTION ACCEPTING THE RESIGNATION OF CITY TREASURER JERRY DITULLIO AND THANKING HIM FOR HIS CONTRIBUTIONS TO THE CITY OF WHEAT RIDGE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: City Treasurer Jerry DiTullio was elected as the Jefferson County Treasurer on November 6, 2018. Mr. DiTullio tendered his resignation to the Mayor and City Council on November 26, 2018, with an effective date of midnight on January 7, 2019. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: Mr. DiTullio served on the Wheat Ridge City Council from 1995 to 2005 and again from 2013 to 2015, as Wheat Ridge Mayor from 2005 to 2013 and was elected as Wheat Ridge City Treasurer in November 2015. Mr. DiTullio also served on the Board of Trustees for the Wheat Ridge Police Pension Fund, the Jefferson County Community Development Advisory Committee, the Wheat Ridge Housing Authority, the Wheat Ridge Business District, the Urban Drainage and Flood Control Board, the Metro Mayors Caucus, the Wheat Ridge Rotary and was active with many other community organizations. CAF – City Treasurer DiTullio Resignation December 10, 2018 Page 2 RECOMMENDED MOTION: “I move to approve Resolution No. 73-2018, a resolution accepting the resignation of City Treasurer Jerry DiTullio and thanking him for his contributions to the City of Wheat Ridge.” Or, “I move to postpone indefinitely Resolution No. 73-2018, a resolution accepting the resignation of City Treasurer Jerry DiTullio and thanking him for his contributions to the City of Wheat Ridge for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 73-2018 2. Resignation letter, dated November 26, 2018 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 73 Series of 2018 TITLE: A RESOLUTION ACCEPTING THE RESIGNATION OF CITY TREASURER JERRY DITULLIO AND THANKING HIM FOR HIS CONTRIBUTIONS TO THE CITY OF WHEAT RIDGE WHEREAS, City Treasurer Jerry DiTullio was elected as the Jefferson County Treasurer on November 6, 2018; and WHEREAS, City Treasurer Jerry DiTullio tendered his resignation to the Mayor and City Council on November 26, 2018, with an effective date of midnight on January 7, 2019; and WHEREAS, Mr. DiTullio served on Wheat Ridge City Council from 1995 to 2005 and again from 2013 to 2015; and WHEREAS, Mr. DiTullio served as Wheat Ridge Mayor from 2005-2013; and WHEREAS, Mr. DiTullio was elected as Wheat Ridge City Treasurer in November 2015; and WHEREAS, Mr. DiTullio served on the Board of Trustees for the Wheat Ridge Police Pension Fund, the Jefferson County Community Development Advisory Committee, the Wheat Ridge Housing Authority, the Wheat Ridge Business District, the Urban Drainage and Flood Control Board, the Metro Mayors Caucus, the Wheat Ridge Rotary and was active with many other community organizations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wheat Ridge, Colorado hereby accepts the resignation of City Treasurer DiTullio, effective midnight on January 7, 2019; and BE IT FURTHER RESOLVED that the City Council of the City of Wheat Ridge, Colorado also expresses its gratitude for Mr. DiTullio’s significant contributions to the City of Wheat Ridge organization and community and wishes him the best of luck in his new role as Jefferson County Treasurer. DONE AND RESOLVED this 10th day of December, 2018. By: _____________________________ Bud Starker, Mayor ATTEST: _____________________________ Janelle, Shaver, City Clerk ATTACHMENT 1 ATTACHMENT 2