HomeMy WebLinkAbout12/10/2007
6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29Tt1 AVENUE, MUNICIPAL BUILDING
December 10. 2007
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF November 26.2007
PROCLAMATIONS/CEREMONIES
Rotary Club Presentation of Check to Parks Department for the Fields of Green project.
Wheat Ridge High School horns will perform two songs.
CITIZENS' RIGHT TO SPEAK
1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of
3 Minutes and sign the Public Comment Roster.
2. Citizens who wish to speak on Agenda Items, please sign the GENERAL
AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is
called to be heard.
APPROVAL OF AGENDA
ORDINANCES ON FIRST READING
Item 1.
COUNCIL BILL 27-2007 - AN ORDINANCE AMENDING SECTIONS 14-
15 AND 14-16 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
THE OFFICE OF MUNICIPAL COURT MARSHAL.
CITY COUNCIL AGENDA: December 10,2007
Page -2-
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 2.
Item 3.
Item 4.
Item 5.
Item 6.
Item 7.
Item 8.
RESOLUTION 52-2007 - A RESOLUTION LEVYING GENERAL
PROPERTY TAXES FOR THE YEAR OF 2007, TO HELP DEFRAY THE
COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE,
COLORADO FOR THE 2008 BUDGET YEAR.
RESOLUTION 53-2007 - A RESOLUTION APPROVING A CONTRACT
WITH THE COLORADO DEPARTMENT OF TRANSPORTATION
ESTABLISHING MAINTENANCE RESPONSIBILITIES FOR WATER
QUALITY PONDS ALONG YOUNGFIELD STREET.
RESOLUTION 54-2007 - A RESOLUTION APPROVING A CONTRACT
WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR
CONSTRUCTION OF THE 40TH AVENUE UNDERPASS OF 1-70.
RESOLUTION 55-2007 - A RESOLUTION APPROVING THE FIRST
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY AND LONGS PEAK METROPOLITAN DISTRICT.
Acceptance of Cabela Drive Right-of-Way.
2008 City Council Regular Meeting Calendar.
City Council Appointments to Various Metropolitan Boards and Agencies.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
~ ___ rMIJPJJtI1If8
CITY OF WHEAT RIDGE, COLORADO
November 26. 2007
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council
Members present: Karen Adams, Karen Berry, Lena Rotola, Wanda Sang, Larry
Schulz, Mike Stites, Terry Womble, and Tracy Langworthy. Also present: City Clerk,
Michael Snow; City Manager, Randy Young; City Attomey, Gerald Dahl; Director of
Community Development, Ken Johnstone; Director of Public Works, Tim paranto;
Director of Parks & Recreation, Joyce Manwaring; staff; and interested citizens.
Council Member Dean Gokey was absent due to illness.
PROCLAMATIONS AND CEREMONIES
Swearing In Ceremony
The following newly elected officials of the City of Wheat Ridge were swom-in to
office:
City Clerk, Michael Snow
City Treasurer, Larry Schulz
Council Member District IV, Tracy Langworthy
Council Member District III, Karen Adams
Council Member District II, Wanda Sang
Council Member District I, Karen Berry
APPROVAL OF MINUTES OF October 22,2007
Motion by Mrs. Sang for approval of the Minutes of October 22, 2007; seconded by Mr.
Stites; carried 6-1, with Council Member Langworthy abstaining.
Mayor DiTullio called for a break at 7:17 p.m; resuming at 7:26 p.m.
CITIZENS' RIGHT TO SPEAK
No one was present to speak.
CITY COUNCIL MINUTES: November 26, 2007
Page -2-
Item 1.
CONSENT AGENDA
A. Approval of First Renewal Option for RFP-06-42 Video Technician Services to
First Light Video Productions, Inc, in the Amount of $48,510.00.
B. Approval of Award RFP-07-43 On-Call Plan Review Services to Code
Consultants Intemational.
C. RESOLUTION 45-2007 - A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT
RIDGE AND THE CITY OF LAKEWOOD FOR THE OPERATION OF A
JOINT EMERGENCY OPERATIONS CENTER.
D. RESOLUTION 46-2007 - A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE
FOR CRIME LAB AND CRIME SCENE SERVICES.
E. RESOLUTION 50-2207 - A RESOLUTION AMENDING THE FISCAL YEAR
2007 POLICE INVESTIGATION FUND BUDGET TO REFLECT THE
APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $24,444 FOR THE PURPOSES OF SECURITY UPGRADES
TO THE POLICE BOOKING AREA.
Consent Agenda was introduced and read by Council Member Stites.
Motion by Mr. Stites for approval of the Consent Agenda; seconded by Mrs.
Sang; carried 7-0.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 2.
RESOLUTION 48-2007 - A RESOLUTION AMENDING THE
FISCAL YEAR 2007 RICHARDS HART ESTATE FUND BUDGET
TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $19,771 FOR THE
RENOVATION OF THE RICHARDS HART ESTATE AND AWARD
ITB-07-38 RICHARDS HART ESTATE RENOVATION IN THE
AMOUNT OF $57,711 TO WALSH CONSTRUCTION.
Resolution 48-2007 was introduced by Council Member Berry, who read the
Executive Summary.
Motion by Mrs. Berry to approve Resolution 48-2007. I further move to approve
a contingency amount of $2,000; seconded by Mrs. Rotola; carried 7-0.
CITY COUNCIL MINUTES: November 26, 2007
Page -3-
Item 3.
RESOLUTION 51-2007 - A RESOLUTION AUTHORIZING
SUBMITTAL OF THE APPLICATION FOR A 2008 JOINT
VENTURE GRANT TO JEFFERSON COUNTY OPEN SPACE
FOR A WATCHABLE WILDLIFE BOARDWALK.
Resolution 51-2007 was introduced by Council Member Langworthy.
Motion by Mrs. Langworthy to approve Resolution 51-2007; seconded by Mr.
Womble; carried 7-0.
Item 4.
RESOLUTION 49-2007 - A RESOLUTION ADOPTING THE
ARVADA TRANSIT STATION FRAMEWORK PLAN, CASE NO.
WPA-07-03.
Resolution 49-2007 was introduced by Council Member Rotola.
Mayor DiTullio opened the Public Hearing.
Sally Payne presented the staff report.
Kevin Nichols of the City of Arvada Planning Division, provided a PowerPoint
presentation outlining the City of Arvada's Transit Station Plan (included in this
packet).
Mayor DiTullio closed the Public Hearing.
Motion by Mrs. Rotola to adopt Resolution 49-2007, a Resolution adopting the
Arvada Transit Station Framework Plan as it applies to land within the City of
Wheat Ridge; seconded by Mrs. Sang.
Substitute Motion by Mr. Womble to bring this item to a subsequent Study
Session for further discussion. Motion died for lack of second.
Original Motion by Mrs. Rotola carried 6-1 with Mr. Womble voting No.
CITY COUNCIL MINUTES: November 26, 2007
Page -4-
Item 5.
RESOLUTION 47-2007 - A RESOLUTION AMENDING THE
FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT
THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT NOT TO EXCEED $43,000
FOR THE PURPOSE OF DISPOSAL BY DEMOLITION OF CITY
OWNED PROPERTY LOCATED AT 2760/2770 CHASE STREET.
Resolution 47-2007 was introduced by Mrs. Berry.
Motion by Mrs. Berry to approve Resolution 47-2007; seconded by Mrs. Rotola;
carried 6-1 with Mr. Womble voting No.
Item 6.
Election of Mayor Pro Tem.
Motion by Mrs. Sang to suspend the Council Rules and forego the paper ballot;
seconded by Mrs. Rotola; carried 7-0.
Motion by Mrs. Sang to elect Mike Stites as Mayor pro tem effective
immediately; term to expire upon election of successor; seconded by Mrs.
Langworthy.
Substitute Motion by Mrs. Rotola to elected Karen Adams; seconded by Ms.
Berry; failed 4-3 with Councilmembers Rotola, Berry and Adams voting yes.
Original Motion by Mrs. Sang carried 6-1 with Womble no.
Item 7.
Council Ratification of the Mayoral Appointment to the WR2020
Board of Directors.
Motion by Mr. Stites to ratify the Mayorol appointment of Council Member Wanda
Sang to the WR2020 Board of Directors effective immediately for a term of 2
years; seconded by Mr. Womble; carried 7-0.
Meeting adjoumed at 8:26 p.m.
Michael Snow, City Clerk
APPROVED BY CITY COUNCIL ON DECEMBER 10, 2007 BY A VOTE OF
Mike Stites, Mayor pro tem
ITEM NO:
I.
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE:
December 10, 2007
lULE:
COUNCIL BILL 27-2007 - AN ORDINANCE AMENDING
SECTIONS 14-15 AND 14-16 OF THE WHEAT RIDGE CODE OF
LAWS CONCERNING THE OFFICE OF MUNICIPAL COURT
MARSHAL
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
12<;] ORDINANCES FOR I ST READING (Date: December 10,2007)
o ORDINANCES FOR 2ND READING
Quasi-Judicial:
o
Yes
12<;]
No
C~'
City Attorney
EXECUTIVE SUMMARY:
This ordinance amends Sections 14-15 and 14-16 of the Wheat Ridge Code of Laws (the "Code")
concerning the office of municipal court marshal to allow municipal court marshals to provide a
service previously reserved only for the City's police officers. The ordinance designates the
position of municipal court marshal as a peace officer and requires them to be certified by the
state's Peace Officer Standards and Training ("POST") board.
STATEMENT OF THE ISSUES:
Council created the position of municipal court marshal in 2003. At that time, and under state law,
municipal court marshals were not designated as peace officers. Without that designation,
municipal court marshals were prohibited from executing arrest warrants issued by the Municipal
Court unless in the presence of a police officer. In 2004, the legislature amended the state law
authorizing municipal court marshals to execute arrest warrants but only if: I) the municipal court
marshals are certified by the POST board and 2) the City specifically designates its municipal court
marshals as peace officers.
Judge Randall has requested that Council amend the Code to be consistent with state law and
thereby allow the municipal court marshals to execute arrest warrants without police officer
supervision. This change could free up the Police Department since it would allow municipal court
marshals to serve arrest warrants which previously could only be done by a police officer or under
his or her direct supervision. The ordinance should help the Municipal Court run more efficiently
by maintaining control over the service and execution of arrest warrants issued by the Municipal
Court.
COMMISS,ONIBOARD RECOMMENDATION:
N/A
ALTERNATIVES CONSIDERED:
Do not adopt the ordinance and continue to require municipal court marshals to execute arrest
warrants only under the direct supervision of a police officer.
FINANCIAL IMPACT:
Some savings should be realized in staff time as municipal court marshals would be able to execute
arrest warrants without supervision of a police officer. The total costs for the two Marshals to obtain
recertification through POST were $1,369.00.
RECOMMENDED MOTION:
"I move to approve Council Bill 27-2007 - An Ordinance Amending Sections 14-15 and 14-16 of
the Wheat Ridge Code of Laws Concerning the Office of Municipal Court Marshal, on first reading,
order it published and set for public hearing at 7:00 p.m. on Monday, January 14,2008 in City
Council Chambers, and that it take effect 15 days after final publication."
Or,
"I move to table indefinitely Council Bill 27-2007 -An Ordinance Amending Sections 14-15 and
14-16 of the Wheat Ridge Code of Laws Concerning the Office of Municipal Court Marshal for the
following reason(s) "
Report Prepared by: Gerald Dahl, City Attorney (303) 493-6656
Reviewed by:
Attachments:
1. Council Bill 27-2007
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill 27
Ordinance No.
Series of 2007
TITLE: AN ORDINANCE AMENDING SECTIONS 14-15 AND 14-16 OF
THE WHEAT RIDGE CODE OF LAWS CONCERNING THE
OFFICE OF MUNICIPAL COURT MARSHAL.
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political
subdivision of the State of Colorado organized and existing as a home rule municipality
pursuant to Article XX of the Colorado Constitution and the home rule charter for the
City (the "Charter") including the power to create and manage a municipal court; and
WHEREAS, pursuant to this authority and Chapter VIII of the Charter, the City
Council created the Wheat Ridge Municipal Court ("Municipal Court") and codified the
rules pertaining thereto as Chapter 14 of the Code of Laws of the City of Wheat Ridge
(the "Code of Laws"); and
WHEREAS, the Council has created the position of municipal court marshal in
Sections 14-15 and 14-16 of the Code of Laws which position operates under the
supervision of the municipal court judges and municipal court administrator;
WHEREAS, section 16-2.5-145 of the Colorado Revised Statutes designates
municipal court marshals as "peace officers" with limited authority to execute arrest
warrants; execute search warrants; provide security for the municipal court; serve
process issued by the municipal court; and transport, detain and maintain control over
prisoners so long as the office of municipal court marshal is designated as a "peace
officer" by the municipality and the municipal court marshal receives with Peace Officer
Standards and Training ("POST") board certification; and
WHEREAS, the City Council finds that amending Code Sections 14-15 and 14-
16 to be consistent with state law will provide for a more efficient and effective operation
of the Municipal Court.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Chapter 14 Section 14-15 of the Code of Laws is to read as follows:
Sec. 14-15. Office of municipal court marshal.
(a) There is hereby created within the municipal court the municipal
court marshal's office. All municipal court marshals shall be appointed by
the presiding judge of the municipal court, in such number as the presiding
municipal judge may deem necessary for the efficient operation of the
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office. Municipal court marshals shall be managed and supervised by the
municipal court administrator and municipal court judges. Marshals are
not sworn police officers of the city and shall not be entitled to any of the
retirement, pension, disability or other benefits to which sworn police
officers are entitled.
(b) PURSUANT TO C.R.S. 9 16-2.5-145, ALL MUNICIPAL COURT
MARSHALS MUST BE CERTIFIED BY THE STATE PEACE OFFICER
STANDARDS AND TRAINING BOARD.
(c) PURSUANT TO THE PROVISIONS OF C.R.S. 9 16-2.5-145 AND
THE COLORADO MUNICIPAL COURT RULES, THE MUNICIPAL
COURT MARSHALS ARE HEREBY DESIGNATED AS PEACE
OFFICERS.
Section 2. Chapter 14, subsection 14-16(a) of the Code of Laws is amended
to read as follows:
Section 14-16. Court marshals - Authority.
(a) All marshals in the municipal court marshal's office shall be
responsible for and are authorized to perform the following functions and
duties:
(1) To provide security for and keep the peace within the Wheat Ridge
City Hall, 7500 West 29th Avenue, Wheat Ridge, Colorado, 80033,
its grounds and parking areas;
(2) To serve and execute, within the city, ARREST WARRANTS,
search warrants, subpoenas, summonses, show cause orders, and
all other legal process issued by the municipal court;
(3) T: ::r:: ::::-:g :m!lmts arrsst '.\'arr:::r~s :ss\.led by the FRunioipal
sauR, snly under the oom:r.::::-:g :::!ld direct supervision of a peaoe
offioer, as that tcrrr. is jefiRed by C:.R.~. ~ 1~ 2.3 1~1, ::e :lxisting
elr as l=:3Fea~sr zr:Jended;
(4t (3) To conduct investigative work relative to locating individuals named
in legal process issued by the municipal court;
~ (4) To transport, detain, and maintain control over city prisoners en
route to and from municipal court and the lawful place of detention
for such prisoners;
(at (5) To cooperate with and, upon request, assist the Wheat Ridge
Police Department within the city; and
2
f7t (6) To perform such other duties as authorized by law and assigned
from time to time by the municipal court administrator or municipal
judges.
Section 3. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare. The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 4. Severabilitv: Conflictina Ordinances ReDealed. 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 days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _
on this day of , 2007, 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 , 2008, at 7:00
o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
3
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this _ day of , 2008.
SIGNED by the Mayor on this
day of
,2008.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript:
Effective Date:
4
ITEM NO: ~....,
REQUEST FOR CITY COUNCIL ACTION
~~
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,;5:;ir:ai::51
IIU W.I
COUNCIL MEETING DATE:
December 10, 2007
TITLE:
RESOLUTION 52-2007 - A RESOLUTION LEVYING GENERAL
PROPERTY TAXES FOR THE YEAR OF 2007, TO HELP DEFRAY
THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT
RIDGE, COLORADO FOR THE 2008 BUDGET YEAR
o PUBLIC HEARING
o BIDS/MOTIONS
C8J RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
D
Yes
C8J
No
g~;d!M-
Ciry~4
EXECUTIVE SUMMARY:
Section 39-5-128 of the Colorado Revised Statutes (C.R.S.) requires the Jefferson Counry Assessor to
certifY to the Ciry the total valuation for assessment of all taxable property located within the territorial
limits of the Ciry of Wheat Ridge. The total net assessed valuation for the Ciry for the year of2007 is
$424,433,840 which is an increase of $28,507,730 compared to the year of 2006. The Ciry is also
required by this same section of the C.R.S. to officially certifY the property tax mill levy to the
Jefferson Counry Board of Counry Commissioners by December 15, 2007. The Ciry's property tax
mill levy will remain at 1.830 mills for the 2008 budget potentially raising $776,714 in property tax
revenue, an increase of$52,169 compared to 2007.
Section 20 of Article X of the Constitution of Colorado, the Taxpayers Bill Of Rights (TABOR),
restricts increases in property tax revenue to inflation plus local growth (defined as the percentage
change in actual value of real property from construction of taxable real property improvements).
Wheat Ridge voters exempted the Ciry from this TABOR revenue limitation at the November 2006
election. However, TABOR still restricts the Ciry from raising the property tax mill levy without voter
approval unless the mill levy was temporarily reduced in a previous year.
COMMISSIONIBOARD RECOMMENDATION:,
None
STATEMENT OF THE ISSUES:
None
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
The City's mill levy will be set at 1.830 raising $776,714 in property tax revenue.
RECOMMENDED MOTION:
"1 move to adopt Resolution No. 52-2007 levying a mill levy of 1.830 on general property taxes for the
year of 2007, to help defray the costs of government for the City of Wheat Ridge, Colorado for the
2008 budget year."
or,
"1 move to postpone indefinitely Resolution No. 52-2007 levying a mill levy of 1.830 on general
property taxes for the year of2007 for the following reason(s) "
Report Pl<Ol'<u<oJ by: Patrick Goff, Deputy City Manager
Attachments:
1. Resolution No. 52-2007
2. 2007 Certification of Value
RESOLUTION NO. 52
Series of 2007
TITLE:
A RESOLUTION LEVYING GENERAL PROPERTY
TAXES FOR THE YEAR OF 2007, TO HELP DEFRAY THE
COSTS OF GOVERNMENT FOR THE CITY OF WHEAT
RIDGE, COLORADO FOR THE 2008 BUDGET YEAR
WHEREAS, the City Council of the City of Wheat Ridge adopted the 2008
annual budget on October 22, 2007 in accordance with the Local Government Budget Law, and;
WHEREAS, the amount of money necessary to balance the budget for general operating
purposes from real property tax revenue is $776,714, and;
WHEREAS, the Local Government Budget Law requires certification of the annual
property tax mill levy by December 15,2007, and;
WHEREAS, the total net assessed valuation of all taxable property subject to taxation
for the year of 2007 is $424,433,840 and;
WHEREAS, the City for the fiscal year 2007 has determined to levy 1.830 mills on all
taxable property within the City; and
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE:
A. That for the purpose of meeting all general operating expenses of the City of
Wheat Ridge during the 2008 budget year, there is hereby levied a tax of 1.830
mills placed upon each dollar of the total valuation of all taxable property within
the City of Wheat Ridge for the year 2007.
B. That the Mayor of the City of Wheat Ridge is hereby authorized and directed to
immediately certify to the County Commissioners of Jefferson County, Colorado
the mill levy for the City of Wheat Ridge as herein above determined and set
DONE AND RESOLVED TillS
day of
.2007.
JERRY DiTULLIO, MAYOR
ATTEST:
MICHAEL SNOW, CITY CLERK
ATTACHMENT 1
OFFICE OF COUNTY ASSESSOR
,00 JEFFERSON COUNTY PARKWAY GOLDEN, CO 80419-2500
JIM EVERSON
Assessor
WHEAT RIDGE - 3110
% CITY OF WHEAT RIDGE
7500 W 29TH AVE
WHEAT RIDGE, CO 80215
November 30, 2007
SUBJECT: 2007 Certification of Value
The total ASSESSED valuation for your authority for the year 2007 is $
429,218,240.
TIF District (Urban Renewal) Increment: $ 4,784,400
Current year net assessed valuation: $ 424,433,840
Last year your gross assessed value was: $ 399,617,880
New construction assessed value: $ 3,056,950
Increased production of producing Mine* : $ 0
Annexation/Inclusion assessed value: $ 42,717
Previously exempt federal property': $ 0
Exclusion assessed value: $ 0
The law (39-10-114(BlC.R.S.1973, as amended) requires that we report to you the
amount of abatements and refunds granted during the past year. Pursuant to 29-1
-301, we are also reporting revenue received from property previously omitted
from the tax roll_ These amounts, for the one year period preceding September 1,
2007, are as follows:
Abatements & Refunds:
Revenue from Omitted Property:
$
$
7,332
1
* Jurisdiction must submit a certification to the Division of Local Government
in order for the value to be counted as growth.
ATTACHMENT l
Phone: (303)271-8667 Fax: (303) 271-8616
WHEAT RIDGE - 3110
LOCAL GROWTH
Amendment 1 requires that you consider "local growth" in calculating your revenue
limitation. Pursuant to Division of Property Taxation Guidelines, the following
are the relevant ACTUAL value figures for your authority:
The actual value of all taxable real property plus the actual value of religious,
private schools, and charitable real property:
$ 3,337,642,081
The actual value of newly constructed taxable real property improvements:
$ 16,208,862
The actual value of real property annexed to or included in the authority:
$ 147,300
The actual value of real property that changed from exempt to taxable:
$ 971,400
The actual value of omitted real property:
$ 0
The actual value of new oil, gasr or mining production:
$ 0
The actual value of demolished taxable real property:
$ 28,440
The actual value of excluded real property:
$ 0
The actual value of real property that changed from taxable to exempt:
$ 0
Your local growth calculation within Jefferson County is:
.0052
Please be advised. Pursuant to section 39-5-128, you are hereby notified that, as the
clerk of a town or city, or the secretary of a special district, you must officially
certify the levy of your city, town, or district to the Board of County Commissioners
no later than December 15, 2007.
"
ITEM NO:
~,
REQUEST FOR CITY COUNCIL ACTION
1/1 I ~...... 4fQ$....~.
" .... I..........
~~~f i y DJfwl
COUNCIL MEETING DATE:
December 10, 2007
TITLE:
RESOLUTION 53-2007 - A RESOLUTION APPROVING A
CONTRACT WITH 1ft.!!; COLORADO DEPARTMENT OF
TRANSPORTATION ESTABLISHING MAINTENANCE
RESPONSmILITIES FOR WATER QUALITY PONDS ALONG
YOUNGFIELD STREET
o PUBLIC HEARING
o BIDS/MOTIONS
IZI RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial: 0 IZI
Yes No
/~~
Director of Public Works
CityM~~
EXECUTIVE SUMMARY:
In conjunction with the widening ofY oungfield Street, three water quality ponds were constructed on
state right-of-way. The attached Intergovernmental Agreement (IGA) provides that the Colorado
Department of Transportation (CDOT) will maintain one pond, while the City will maintain two
ponds.
COMMISSIONIBOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
New stormwater regulations require that water quality ponds be provided to address the increase in
stormwater flows from the additional pavement constructed in the Y oungfield Street Widening
Project. CDOT requires that the City maintain ponds required because of the City's widening project.
Based upon the volwne of stormwater generated from 1-70 and from Youngfield Street, City and
CDOT staffs determined that it was equitable for CDOT to maintain one pond and the City to maintain
the north two ponds.
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
The proposed contract provides for a fair distribution of maintenance responsibility for the new water
quality ponds. The cost to the City is unchanged by the IGA.
RECOMMENDED MOTION:
"I move to approve Resolution 53-2007, A Resolution Approving a Contract with the Colorado
Department of Transportation establishing the maintenance responsibilities for water quality ponds along
Youngfield Street."
Or,
"I move to postpone indefinitely Resolution 53-2007, A Resolution Approving a Contract with the
Colorado Department of Transportation establishing the maintenance responsibilities for water quality
ponds along Y oungfield Street for the following reason(s) "
Report Prepared by: Tim Paranto, Director of Public Works
Reviewed by: Randy Young, City Manager
Attachments:
1. CDOT Contract
2. Resolution 53-2007
3. Site map
(mtclocalwrk)
City of Wheat Ridge
REGION 6 (RP)
08 HA6 00041
SAP ill 331000061
CONTRACT
TillS CONTRACT made this _ day of
20-, by and between the State of
Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to
as the State and CITY OF WHEAT RIDGE, 7500 West 29th Avenue, Wheat Ridge, Colorado 80215,
CDOT Vendor #:2000099 hereinafter referred to as the "Local Agency" or the "Contractor."
RECITALS
1. Authority exists in the law and funds have been budgeted, <opp.vp.:ated and otherwise made
available and a sufficient uncommitted balance thereof remains available for payment of project and
Local Agency costs in Fund Number 400, Function <<>>, GL Acct. <<>>, Cost Center <<>>,
(Contract Encumbrance Amount: $0.00).
2. Required approval, clearance and coordination have been accomplished from and with appropriate
agencies.
3. Section ~~ 43-2-102 and 103, C.R.S require the State to maintain state highways (including
where such highways extend through a city or an incorporated town), and ~ 43-2-135 describes
certain specific responsibilities of the State and affected local entities (respectively) with respect
to state highways that are also part of a local street system;
4. The parties desire to enter into this Contract for the Local Agency to provide some or all of
the certain maintenance services on state highways that are the responsibility of the State under
applicable law;
5. The parties also intend that the Local Agency shall remain responsible to perform any services
and duties on state highways that are the responsibility of the Local Agency under applicable law,
at its own cost;
6. The State and the Local Agency have the authority, as provided in Sections ~~ 29-1-203,
43-1-106, 43-2-103, 43-2-104, and 43-2-144 C.R.S., as amended, and in applicable ordinance or
resolution duly passed and adopted by the Local Agency, to enter into contract with the Local
Agency for the purpose of maintaining the Water Quality Ponds that are collecting flow from
both 1-70 (CDOT's Interstate) and the City of Wheat Ridge's street runoff. These ponds are
labeled as follows: Water Quality Pond #1 just north of 40th Ave Underpass and west of
Y oungfield Street, Water Quality Pond #2 just south of 42 Avenue and west ofY oungfield Street
and Water Quality Pond #3 just south of 44th Avenue and east of Young field Street (water quality
ponds) on the state highway system as hereinafter set forth; and
Page 1 of9
ATTACHMENT 1
7. The Local Agency has adequate facilities to perform the desired maintenance services on
State highways within its jurisdiction.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
State shall perform all "maintenance services" for the Water Quality Pond #1 which is
just north of 40th Underpass and west of Y oungfie1d Street and shown on Exhibit A, which is
attached hereto and incorporated herein by this reference.
The Local Agency shall perform all "maintenance services" for the Water Quality Ponds
#2 just south of 42"d Avenue and west of Young field Street and Water Quality Pond #3 just south
of 44th Avenue and east of Young field Street described herein, located within the State ROW
within the Local Agency's jurisdiction, and shown on Exhibit A, which is attached hereto and
incorporated herein by this reference.
Section 2. Order of Precedence
fu the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts
or inconsistencies shall be resolved by reference to the documents in the following order of priority:
1. Special Provisions contained in section 19 ofthis contract
2. This contract
3. Exhibit A (Scope of Work and Map)
4. Other Exhibits in descending order of their attachment.
Section 3. State and Local Agency Commitments
A. The State and the Local Agency shall perform the "highway maintenance services" for the ponds
described herein. Such services and highways are detailed in Section I (or Exhibit A).
B. As used herein the term "maintenance services" shall mean only those maintenance services
normally performed by the State to comply with its responsibility under SS 43-2-102 and 43-2-
135, C.R.S., as described in the State's then current "Maintenance Level of Service Manual", as
amended, which is incorporated herein by this reference. The Local Agency shall obtain a copy
of that Manual from the State before it P",;vuus any maintenance services under this
Contract.
1. Maintenance services to be performed by the Local Agency for the ponds under this
Contract shall meet or exceed a CDOT level of service ofB, per the MLOS manual
Page 2 of9
(rvf",,,,,ce roadside facilities/drainage.
2 . Local Agency shall also continue to perform, at its own expense, all activities/duties on
the ponds the Local Agency is required to perform by 943-2-135 (1) (a) and (e), C.R.S.,
as amended.
C. The performance of such services shall comply with the same standards that are currently
used by the State for the State's p",fuuuance of such services. The State's Regional
Transportation Director, or the Director's '''l"".entative, shall determine the then current
applicable maintenance standards for the maintenance services. Any standards/directions
provided by the State's representative to the Local Agency concerning the maintenance services
shall be in writing. The Local Agency shall contact the State Region office and obtain those
standards before the Local Agency performs such services.
D. The Local Agency shall perform the maintenance services in a satisfactory manner and in
accordance with the terms of this Contract. The State reserves the right to determine the proper
quantity and quality of the maintenance services performed by the Local Agency, as well as the
adequacy of such services, under this Contract. The State will notifY the Local Agency in writing
of any deficiency in the maintenance services. The Local Agency shall commence corrective
action within 14 calendar of receiving actual or constructive notice of such deficiency: a) from
the State; b) from its own observation; or c) by any other means. In the event the Local Agency,
for any reason, does not or cannot correct the deficiency within 14 calendar days, the State
reserves the right to correct the deficiency and to deduct the actual cost of such work from the
subsequent payments to the Local Agency, or to bill the Local Agency for such work.
Section 4. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications,
and other written materials, which pertain to the maintenance under this contract. The Local Agency
shall maintain such records for a period of three (3) years after the date of termination of this
contract, or for such further period as may be necessary to resolve any matters which may be
pending. The Local Agency shall make such materials available for inspection at all reasonable
times and shall permit duly authorized agents and employees of the State and FHW A to inspect the
project and to inspect, review and audit the project records.
Section 5. Termination Provisions
This contract may be terminated as follows:
A. This Contract may be terminated by either party and only upon written notice thereof sent by
registered, prepaid mail and received by the non-terminating party.
Notwithstanding subparagraph A above, this contract may also be terminated as follows:
B. Termination for Convenience. The State may terminate this contract at any time the State
Page 3 of9
determines that the purposes of the distribution of moneys under the contract would no longer be
served by completion of the project. The State shall effect such termination by giving written notice
oftermination to the Local Agency and specifying the effective date thereof, at least twenty (20) days
before the effective date of such termination.
C. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely
and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the
covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to
terminate this contract for cause by giving written notice to the Local Agency of its intent to
terminate and at least ten (10) days opportunity to cure the default or show cause why termination is
otherwise not appropriate. In the event of termination, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the
Local Agency under this contract shall, at the option of the State, become its property, and the Local
Agency shall be entitled to receive just and equitable compensation for any services and supplies
delivered and accepted. The Local Agency shall be obligated to return any payments advanced under
the provisions of this contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the
State may withhold payment to the Local Agency for the purposes of mitigating its damages until
such time as the exact amount of damages due to the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in default or
that the Local Agency's action/inaction was excusable, such termination shall be treated as a
termination for convenience, and the rights and obligations ofthe parties shall be the same as ifthe
contract had been terminated for convenience, as described herein.
Section 6. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that
it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that
authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the
Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency
warrants that such person(s) has full authorization to execute this contract.
Section 7. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region
6, 2000 South Holly Street, Denver, Colorado 80222. Said Region Director will also be responsible
for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to
the Local Agency for commencement of the Work. All communications relating to the day-to-day
activities for the work shall be exchanged between representatives of the State's Transportation
Region 6 and the Local Agency. All communication, notices, and correspondence shall be addressed
to the individuals identified below. Either party may from time to time designate in writing new or
Page 4 of9
substitute representatives.
If to State:
Ed Martinez
Project Manager - CDOT Region 6
2000 South Holly Street
Denver, Colorado 80222
(303) 512-4105
If to the Local Agency:
Tim Paranto
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80033-8001
(303) 235-2860
Section 8. Successors
Except as herein otherwise provided, this contract shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
Section 9. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions ofthis
contract and all rights of action relating to such enforcement, shall be strictly reserved to the State
and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of
action whatsoever by any other third person. It is the express intention of the State and the Local
Agency that any such person or entity, other than the State or the Local Agency receiving services or
benefits under this contract shall be deemed an incidental beneficiary only.
Section 10. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of
this contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions of the Colorado Governmental hnmunity
Act, ~ 24-10-101, et seq., C.RS., as now or hereafter amended. The parties understand and agree
that liability for claims for injuries to persons or property arising out of negligence of the State of
Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of ~ 24-10-101, et seq., C.RS., as now or hereafter amended and the risk
management statutes, ~~ 24-30-1501, et seq., C.RS., as now or hereafter amended.
Section 11. Severability
To the extent that this contract maybe executed and performance of the obligations of the
parties may be accomplished within the intent ofthe contract, the terms of this contract are severable,
and should any term or provision hereof be declared invalid or become inoperative for any reason,
such invalidity or failure shall not affect the validity of any other term or provision hereof.
Page 5 of9
Section 12. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement,
or of any other term, provision or requirement.
Section 13. Entire Understanding
This contract is intended as the complete integration of all understandings between the
parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any
force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal,
addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a
writing executed and approved pursuant to the State Fiscal Rules.
Section 14. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all
terms and conditions of this contract and the exhibits and attachments hereto which may require
continued performance, compliance or effect beyond the termination date of the contract shall
survive such termination date and shall be enforceable by the State as provided herein in the event of
such failure to perform or comply by the Local Agency.
Section 15. Modification and Amendment
A. This contract is subject to such modifications as may be required by changes in federal or State
law, or their implementing regulations. Any such required modification shall automatically be
incorporated into and be part ofthis contract on the effective date of such change as if fully set forth
herein. Except as provided above, no modification of this contract shall be effective unless agreed to
in writing by both parties in an amendment to this contract that is properly executed and "i'P<V ,ed in
accordance with applicable law.
B. Either party may suggest renegotiation of the terms ofthis Contract, provided that the Contract
shall not be subject to renegotiation more often than annually, and that neither party shall be required
to renegotiate. Ifthe parties agree to change the provisions ofthis Contract, the renegotiated terms
shall not be effective until this Contract is amended/modified accordingly in writing. Provided,
however, that the rates will be modified only if the party requesting the rate change documents, in
accord with then applicable cost accounting principles and standards (including sections 24-107-101,
et sea., C.R.S. and implementing regulations), that the requested increase/decrease is based on and
results from (and is proportionate to) an increase/decrease in the "allowable costs" of performing the
Work. Any such proposed renegotiation shall not be effective unless agreed to in writing by both
parties in an amendment to this contract that is properly executed and approved by the State
Controller or his delegee.
Section 16. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact
Page 6 of9
arising under this contract which is not disposed of by agreement will be decided by the Chief
Engineer of the Department of Transportation. The decision ofthe Chief Engineer will be final and
conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision,
the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the
Executive Director of the Department of Transportation. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer
evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency
shall proceed diligently with the P",;vuuance of the contract in accordance with the Chief Engineer's
decision. The decision of the Executive Director or his duly authorized representative for the
determination of such appeals will be final and conclusive and serve as final agency action. This
dispute clause does not preclude consideration of questions of law in connection with decisions
provided for herein. Nothing in this contract, however, shall be construed as making final the
decision of any administrative official, representative, or board on a question of law.
Section 17. Does not supercede other agreements
This Contract is not intended to supercede or affect in any way any other agreement (if any)
that is currently in effect between the State and the Local Agency for other "maintenance services"
on State Highway rights-of-way within the jurisdiction of the Local Agency. Also, the Local Agency
shall also continue to perform, at its own expense, all such activities/duties (if any) on such State
Highway rights-of-ways that the Local Agency is required by applicable law to perform.
Section 18. Subcontractors
The Local Agency may subcontract for any part of the performance required under this
Contract, subject to the Local Agency first obtaining approval from the State for any particular
subcontractor. The State understands that the Local Agency may intend to perform some or all of the
services required under this Contract through a subcontractor. The Local Agency agrees not to assign
rights or delegate duties under this contract [or subcontract any part of the performance required
under the contract] without the express, written consent of the State [which shall not be unreasonably
withheld]. Except as herein otherwise provided, this agreement shall inure to the benefit of and be
binding only upon the parties hereto and their respective successors and assigns.
Page 7 of9
Section 19.
The Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (ll. This contract shall not be deemed valid until It has been approved by the Colorado
State Controller or designee.
2. FUND AVAILABILITY. CRS 24-30-202{S.S). Financial obligations of the State payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNIFICATION. Contractor shall IndemnIfy, save, and hold harmless the State, its employees and agents, against any and all
claims, damages, liability and court awards Including costs, expenses, and attorney fees and related costs, incurred as a result of any act or
omission by Contractor, or Its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
[Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunitIes, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act,
CRS 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform Its duties hereunder as an Independent contractor and not as
an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state.
Contractor shall pay when due all required employment taxes and Income taxes and local head taxes on any monies paid by the state
pursuant to thIs contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits
unless contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Contractor
shall have no authorization, express or Implied, to bind the state to any agreement, liability or understanding, except as expressly set forth
herein. Contractor shall provide and keep in force workers' compensation (and provide proof of such Insurance when requested by the state)
and unemployment compensation Insurance In the amounts required by law and shall be solely responsible for Its acts and those of its
employees and agents.
5. NON~DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations Issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference,
which prOVides for arbitration by any extra-judicial body or person or which is otherwise In conflict with said laws, rules, and regulations shall
be considered null and void. Nothing contained In any provision incorporated herein by reference which purports to negate this or any other
special provision In whole or in part shall be valid or enforceable or available in any action at law, whether by way of complaint, defense, or
otherwise. Any provision rendered null and void by the operation of this provision wlll not Invalidate the remainder of this contract, to the
extent that this contract is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all
applicable federal and State laws, rules, and regulations that have been or may hereafter be established.
7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET, CRS 24-30-202 (ll and 24-30-202.4. The State Controller
may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or
child support arrearagesi (b) unpaid balances of tax, accrued Interest, or other charges specified In Article 21, Title 39, CRS; (c) unpaid loans
due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment
Compensation Fund; and (e) other unpaid debts owing to the State or its agencies, as a result of final agency determination or reduced to
judgment, as certified by the State Controller.
8. SOFTWARE PIRACY PROHIBInON. Governor's Executive Order D 002 00. No State or other public funds payable under this
contract shall be used for the acquisition, operation, or maintenance of computer software In violation of federal copyright laws or applicable
licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has In place appropriate
systems and controls to prevent such Improper use of public funds. If the State determines that Contractor Is In violation of this paragraph,
the State may exercise any remedy available at law or equity or under this contract, Including, without limitation, immediate termination of
this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the
State has any personal or beneficial interest whatsoever in the service or property described In this contract.
10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS - PUBLIC CONTRACTS FOR SERVICES AND RESTRICTIONS ON
PUBLIC BENEFITS. CRS B-17.S-101 and 24-76.5-101. Contractor certifies that It shall comply with the provisions ofCRS 8-17.5-101 etseq.
Contractor shall not knowingly employ or contract with an illegal alien to p!=!rform wnrk u{ldp.r thl~ r:nntr<'lct or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an Illegal alien to pf"rfnrrn wnrk
IIndp.r this r:ontrflrt. Contractor represents, warrants, and agrees that It (I) has verified that It does not employ any illegal aliens, through
participation In the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland
Security, and (i1) otherwise shail comply with the requirements of CRS 8-17.5-102(2)(bl. Contractor shall comply with all reasonable requests made
In the course of an Investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. Failure to comply with any
requirement of this provision or CRS 8-17.5-101 et seq., shall be cause for termination for breach and COntractor shall be liable for actual and
consequential damages.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or she (I) Is a
citizen or otherwise lawfully present in the United States pursuant to federal law, (II) shall comply with the provisions ofCRS 24-76.5-101
et seq., and (ill) shall produce one form of Identification required by CRS 24-76.5-103 prior to the effective date of this contract.
Revised October 25, 2006
Effective Date of Special Provisions: August 7, 2006
Page 8 of9
THE PARTIES HERETO HAVE EXECUTED TillS CONTRACT
CONTRACTOR:
STATE OF COLORADO:
BILL RITTER, JR., GOVERNOR
Citv of Wheat Ridqe. Coloradq
Legal Name of Contracting Entity
Bv
Executive Director
Department of Transportation
2000099
CDOT Vendor Number
Signature of Authorized Officer
Print Name & Tille of Authorized Officer
CORPORATIONS:
(A corporate attestation is required.)
Attest (Seal) By
(Corporate Secretary or Equivalent, or Town/City/County Clerk) (Place corporate seal here, if available)
Page 9 of9
EXHIBIT A
SCOPE OF WORK
Location of the pond to be maintained by the Colorado Department of Transportation:
Water Qualitv Pond #1
Water Quality Pond #1 is just north of 40th Underpass and west of Youngfield Street.
Location of the ponds to be maintained by the City of Wheat Ridge:
Water Qualitv Pond #2
This pond is located just south of 42nd and west of Youngfield and is being
constructed as part of the Youngfield Improvement project by the City of Wheat Ridge.
The pond is being constructed on CDOT right-of-way by permit and will be the
responsibility of the City of Wheat Ridge to maintain.
Water Qualitv Pond #3
This pond is located just south of 44th and east of Youngfield and is being constructed
as part of the Youngfield Improvement project by the City of Wheat Ridge. The pond is
being constructed on CDOT right-of-way by permit and will be the responsibility of the
City of Wheat Ridge to maintain.
Below, are criteria for maintenance of the ponds as cited from the CDOT Maintenance
Level of Service (MLOS) Manual:
"Most drainage inlets and structures are free of silt or other blockage. The
percentage of inlets that are blocked, and of drainage structures (e.g., culverts,
catch basins) in which silt accumulation is more than 25 percent of
depth, is small. Approximate limits for levels of service are as follows, expressed
in average percent of drainage structures that are blocked: B+, up
to 7.5%; B, up to 10.0%; B-, up to 12.5%."
Exhibit A, Page 1 of 5
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CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO 53
Series of 2007
TITLE:
A RESOLUTION APPROVING A CONTRACT WITH THE
COLORADO DEPARTMENT OF TRANSPORTATION (CDOT),
AND IN CONNECTION THEREWITH, APPROVING THE
MAINTENANCE OF TWO WATER QUALITY PONDS ALONG
YOUNGFIELD STREET IN CDOT RIGHT-OF-WAY
WHEREAS, the City Council wishes to provide for the maintenance of certain
highway improvements along Youngfield Street; and
WHEREAS, the City has negotiated a contract with the Colorado Department of
Transportation, for the purpose of establishing the maintenance obligations for three
water quality ponds constructed along Youngfield Street.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. Contract Aooroved.
The contract between the City and the Colorado Department of Transportation
for maintenance of water quality ponds along Youngfield Street is hereby approved and
the Mayor and City Clerk are authorized and directed to execute the same.
Section 2. Effective Date.
This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this
day of
,2007.
ATTEST:
Jerry DiTullio, Mayor
Michael Snow, City Clerk
A I I ACHMENT a
Y oungfield Street Improvements:
Water Quality Pond Locations
A-r-r ~ ~
ITEM NO:
Lt.
REQUEST FOR CITY COUNCIL ACTION
. ~~$~
~~,;; i,lm[Q
COUNCIL MEETING DATE:
December 10, 2007
TITLE:
RESOLUTION 54-2007 - A RESOLUTION APPROVING A
CONTRACT ~TH THE COLORADO DEPARTMENT OF
TRANSPORTATION FOR CONSTRUCTION OF THE 40TH
AVENUE UNDERPASS OF 1-70
o PUBLIC HEARING
o BIDS/MOTIONS
IZI RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
o
Yes
IZI
No
z::;4~J-
City~~~
Director of Public Works
EXECUTIVE SUMMARY:.
On August 28, 2006 the City Council approved a Memorandum of Understanding (MOU) with the
Colorado Department of Transportation (CDOT) for construction of the 40th Avenue Underpass in
conjunction with the 1-70/ SH58 Interchange improvements. The intergovernmental agreement has
been drafted as proposed in the MOU and staff recommends approval of the agreement by the City
Council. The Agreement provides for a not-to-exceed cost for the 40th Avenue Underpass at
$6,950,000. The Longs Peak Metropolitan District will be making payments directly to CDOT for the
work performed.
COMMISSION/BOARD RECOMMENDATION:
The City Council approved a MOU concerning this matter on August 28, 2006.
STATEMENT OF THE ISSUES:
In developing a schedule for construction of the many street and highway improvements required for
development ofthe Cabela's Development Project, it was determined that the 40th Avenue Underpass
should be constructed by CDOT as an element of the 1-70/SH58 Interchange ramp construction
project. A lump sum cost for the work was negotiated at $7,300,000 and a MOU was drafted to allow
inclusion of the 40th Avenue Underpass to be included in the CDOT project.
The attached contract was developed with some changes from the MOD. The total cost of the payment
to CDOT has been reduced to $6,950,000 following recent negotiations between the parties. The
reimbursement process was also changed to a monthly billing for work completed.
The Longs Peak Metropolitan District has approved the First Amendment to the Intergovernmental
Agreement between the City and the District, which provides for the District making payments to
CDOT for the construction of the 40th Avenue Underpass as they are billed to the City.
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
None. All costs for the 40th Avenue Underpass are passed directly to the Longs Peak Metropolitan
District.
RECOMMENDED MOTION:
"I move to approve Resolution 54-2007, A Resolution Approving a Contract with the Colorado
Department of Transportation for the Construction of the 40th Avenue Underpass of 1-70."
Or,
"I move to postpone indefinitely Resolution 54-2007" A Resolution Approving a Contract with the
Colorado Department of Transportation for the Construction of the 40th Avenue Underpass ofI-70 for
the following reason(s) "
Report Prepared by: Tim Paranto, Director of Public Works
Reviewed by: Randy Young, City Manager
Attachments:
1. CDOT Contract
2. Resolution 54-2007
3. MOU
(Local $CDOTWRK)
PROJECT 1M 0703-291, (15179)
REGION 6/(JH)
Rev 10/03
08 HA6 00058
SAP ill 331000064
CONTRACT
TIDS CONTRACT made this _ day of
20--, by and between the State of
Colorado for the use and benefit of the Colorado Department of Transportation hereinafterreferred to
as the State and the CITY OF WHEAT RIDGE, 7500 West 29th Avenue, Wheat Ridge, Colorado,
80033, CDOT Vendor #: 2000099, hereinafterreferred to as the "Contractor" or the "Local Agency."
RECITALS
1. Authority exists in the law and fimds have been budgeted, ul'l'wl',~ated and otherwise made
available and a sufficient uncommitted balance thereof remains available for payment of project and
Local Agency costs in Fund Number 400, Function 3020, GL Acct. <<>>, WBS Element <<>>,
(Contract Encumbrance Amount: Design -$0.00, This Contract -$0.00).
2. Required UI'I'W ,ai, clearance and coordination have been accomplished from and with ul'I'wl',;ate
agencies.
3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide
maintenance and construction of highways that are part of the state (or local agency) highway
system.
4. Local Agency anticipates a project at 1-70 and 40th Avenue and by the date of execution of this
contract, the Local Agency and/or the State has completed and submitted a pre1iminary version of
CDOT form #463 describing the general nature of the Work. The Local Agency understands that,
before the Work begins, form #463 may be revised as a result of design changes made by CDOT, in
coordination with the Local Agency, in its internal review process. The Local Agency desires to
perform the Work described in form #463, as it may be revised.
5. The Local Agency has made fimds available for project 1M 0703-291 (15179), which shall consist of
constructing an underpass at 1-70 and 40th Avenue including pavement, sidewalks, lighting, retaining
walls and drainage and installation of a traffic signal at Y oungfield Street and 40th Avenue, referred to
as the "Project" or the "Work." Such Work will be performed in Wheat Ridge, Colorado, specifically
described in Exhibit A.
6. The Local Agency has fimds available and desires to provide 100% of the fimding for the work.
7. The Local Agency has estimated the total cost of the work and is prepared to provide the fimding
required for the work, as evidenced by an aI'I'Wp,;ate ordinance or resolution duly passed and
adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local
Page I of 11
ATTACHMENT 1
Agency to enter into this contract and to expend its funds for the work under the project. A copy of
this ordinance or resolution is attached hereto and incorporated herein as Exhibit B.
8. This contract is executed under the authority of SS 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c)
and 43-2-144, C.R.S. and Exhibit B.
9. The parties hereto desire to agree upon the division of responsibilities with regard to the project.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Project or the Work under this contract shall consist of constructing an underpass at 1-70
and 40th Avenue including pavement, sidewalks, lighting, retaining walls and drainage and installation
of a traffic signal at Y oungfield Street and 40th Avenue, in Wheat Ridge, Colorado, as more specifically
described in Exhibit A.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts
or inconsistencies shall be resolved by reference to the documents in the following order of priority:
1. This contract
2. Exhibit A (Scope of Work)
3. Exhibit C (Contract Modification Tools)
4. Other Exhibits in descending order oftheir attachment.
Section 3. Term
This contract shall be effective upon approval of the State Controller or designee, or on the
date made, whichever is later. The term of this contract shall continue through the completion and
final acceptance of the Project by the State, FHW A and the Local Agency.
Section 4. Project Funding Provisions
A. The Local Agency has estimated the total cost ofthe work and is prepared to provide the funding
for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the
authorized representatives of the Local Agency, which expressly authorizes the Local Agency to
enter into this contract and to expend its funds for the project. A copy ofthis ordinance orresolution
is attached hereto and incorporated herein as Exhibit B.
B. The Local Agency has estimated the total cost of the work to be $6,950,000.00 which is to be
funded as follows:
a. Local Agency Funds $6,950,000.00
Page 2 of 11
Total Funds:
$6,950,000.00
C. The maximum amount payable by the Local Agency under this contract shall be $6,950,000.00,
unless such amount is increased by an app~vpriate written modification to this contract executed by
both parties before any increased cost is incurred. It is understood and agreed by the parties hereto
that the total cost of the work stated hereinbefore is the best estimate available, based on the design
data as approved at the time of execution of this contract, and that such cost is subject to revisions (in
accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award.
D. The parties hereto agree that this contract is contingent upon all funds designated for the proj ect
herein being made available from state sources, as applicable. Should these sources fail to provide
necessary funds as agreed upon herein, the contract may be terminated by either party, provided that
any party terminating its interest and obligations herein shall not be relieved of any obligations which
existed prior to the effective date of such termination or which may occur as a result of such
termination.
Section 5. Project Payment Provisions
A. The Local Agency will reimburse the State for incurred costs relative to the project following the
Local Agency's review and approval of such charges, subject to the terms and conditions of this
contract.
B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as
follows:
1. Upon receipt of each bill from the State, the Local Agency will remit to the State the
amount billed no later than 60 days after receipt of each bill. Should the Local
Agency fail to pay moneys due the State within 60 days of demand or within such
other period as may be agreed between the parties hereto, the Local Agency agrees
that, at the request of the State, the State Treasurer may withhold an equal amount
from future apportionment due the Local Agency from the Highway Users Tax Fund
and to pay such funds directly to the State. Interim funds, until the State is
reimbursed, shall be payable from the State Highway Supplementary Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this
section (within 60 days after the date of each bill), the Local Agency shall pay
interest to the State at a rate of one percent per month on the amount of the payment
which was not made in a timely manner, until the billing is paid in full. The interest
shall accrue for the period from the required payment date to the date on which
payment is made.
C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs
incurred relative to the project. The State's invoices shall include a description of the amounts of
services performed, the dates of performance and the amounts and description of reimbursable
Page 3 of 11
expenses. The invoices will be prepared in accordance with the State's standard policies, procedures
and standardized billing format.
Section 6. State and Local Agency Commitments
The Local Agency Contract Administration Checklist in Exhibit D describes the Work to be
performed and assigns responsibility of that Work to either the Local Agency or the State. The
"Responsible Party" referred to in this contract means the Responsible Party as identified in the
Local Agency Contract Administration Checklist in Exhibit D.
A Design [if applicable]
1. If the Work includes preliminary design or final design (the "Construction Plans"), or
design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the
responsible party shall comply with the following requirements, as applicable:
a. perform or provide the Plans, to the extent required by the nature of the
Work.
b. prepare final design (Construction Plans) in accord with the requirements of
the latest edition of the American Association of State Highway
Transportation Officials (AASHTO) manual or other standard, such as the
Uniform Building Code, as approved by CDOT.
c. prepare special provisions and estimates in accord with the State's Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction.
d. include details of any required detours in the Plans, in order to prevent any
interference of the construction work and to protect the traveling public.
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents.
g. be responsible for the Plans being accurate and complete.
h. make no further changes in the Plans following the award of the construction
contract except by agreement in writing between the parties. The Plans shall
be considered final when approved and accepted by the parties hereto, and
when final they shall be deemed incorporated herein.
B. Construction [if applicable]
1. If the Work includes construction, the responsible party shall perform the
construction in accordance with the approved design plans and/or administer the
construction all in accord with the Local Agency Contract Administration Checklist.
Such administration shall include project inspection and testing; "l'l'W ,ing sources of
materials; performing required plant and shop inspections; documentation of contract
payments, testing and inspection activities; preparing and approving pay estimates;
preparing, approving and securing the funding for contract modification orders and
minor contract revisions; processing contractor claims; construction supervision; and
Page 4 of 11
meeting the Quality Control requirements of the FHW NCDOT Stewardship
Agreement, as described in the Local Agency Contract Administration Checklist.
2. If the State is the responsible party:
a. it shall appoint a qualified professional engineer, licensed in the State of
Colorado, as the State Agency Project Engineer (SAPE), to perform that
administration. The SAPE shall administer the project in accordance with
this contract, the requirements of the construction contract and applicable
State procedures.
b. If all or part of the construction work is to be accomplished by State
personnel (i.e. by force account), rather than by a competitive bidding
process, the State will ensure that all such force account work is
accomplished in accordance with the pertinent State specifications and
requirements with 23 CFR 635, Subpart B, Force Account Construction.
The State shall make every effort to provide construction access to the Local Agency
projects through the underpass on or before November I, 2007. The State shall make
every effort to complete the Project and have the underpass open to public traffic by
June 1,2008.
Section 7. ROW Acquisition and Relocation
Prior to this project being advertised for bids, the Responsible Party will certify in writing
that all right of way has been acquired in accordance with the applicable State and federal
regulations, or that no additional right of way is required.
Any acquisition/relocation activities must comply with all federal and state statutes,
regulations, CDOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act
regulation, the FHW A Project Development Guide and CDOT's Right of Way Operations Manual.
Allocation of Responsibilities can be as follows:
. Federal participation in right of way acquisition (3111 charges), relocation (3109
charges) activities, if any, and right of way incidentals (expenses incidental to
acquisition/relocation of right of way - 3114 charges);
. Federal participation in right of way acquisition (3111 charges), relocation (3109
charges) but no participation in incidental expenses (3114 charges); or
. No federal participation in right of way acquisition (3111 charges) and relocation
activities (3109 expenses).
Regardless of the option selected above, the State retains oversight responsibilities. The
Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT's
PageS of 11
Right of Way Operation Manual.
htto://www.dot.state.co.us/ROW Manual!.
The
manual
IS
located
at
Section 8. Utilities
If necessary, the Responsible Party will be responsible for obtaining the proper clearance or
approval from any utility company, which may become involved in this Project. Prior to this Project
being advertised for bids, the Responsible Party will certifY in writing that all such clearances have
been obtained.
Section 9. Railroads
In the event the Project involves modification of a railroad company's facilities whereby the
Work is to be accomplished by railroad company forces, the Responsible Party shall make timely
application to the Public Utilities Commission requesting its order providing for the installation of
the proposed improvements and not proceed with that part of the Work without compliance. The
Responsible Party shall also establish contact with the railroad company involved for the pmpose of
complying with applicable provisions of23 CFR 646, subpart B, concerning federal-aid projects
involving railroad facilities, including:
1. Executing an agreement setting out what work is to be accomplished and the
location(s) thereof, and that the costs of the improvement shall be eligible for federal
participation.
2. Obtaining the railroad's detailed estimate of the cost of the Work.
3. Establishing future maintenance responsibilities for the proposed installation.
4. Proscribing future use or dispositions of the proposed improvements in the event of
abandonment or elimination of a grade crossing.
5. Establishing future repair and/or replacement responsibilities in the event of
accidental destruction or damage to the installation.
Section 10. Environmental Obligations
The State shall perform all Work in accordance with the requirements ofthe current federal
and state environmental regulations including the National Environmental Policy Act of 1969
(NEPA) as applicable.
Section 11. Maintenance Obligations
The Local Agency will maintain and operate the improvements constructed under this
contract at its own cost and expense during their useful life, in a manner satisfactory to the State and
FHW A. The Local Agency will make proper provisions for such maintenance obligations each year.
Such maintenance and operations shall be conducted in accordance with all applicable statutes,
ordinances and regulations which define the Local Agency's obligations to maintain such
improvements. The State and FHW A will make periodic inspections of the project to verifY that
Page 6 of 11
such improvements are being adequately maintained.
Section 12. Record Keeping
The State shall maintain a complete file of all records, documents, communications, and
other written materials, which pertain to the costs incurred under this contract. The State shall
maintain such records for a period of three (3) years after the date oftermination ofthis contract or
final payment hereunder, whichever is later, or for such further period as may be necessary to resolve
any matters which may be pending. The State shall make such materials available for inspection at
all reasonable times and shall permit duly authorized agents and employees ofthe Local Agency and
FHW A to inspect the project and to inspect, review and audit the project records.
Section 13. Termination Provisions
This contract may be terminated as follows:
A. Termination for Convenience. The State may terminate this contract at any time the State
determines that the purposes of the distribution of moneys under the contract would no longer be
served by completion of the project. The State shall effect such termination by giving written notice
of termination to the Local Agency and specifYing the effective date thereof, at least twenty (20) days
before the effective date of such termination.
B. Termination for Cause, If, through any cause, the Local Agency shall fail to fulfill, in a timely
and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the
covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to
terminate this contract for cause by giving written notice to the Local Agency of its intent to
terminate and at least ten (10) days opportunity to cure the default or show cause why termination is
otherwise not appropriate. In the event of termination, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the
Local Agency under this contract shall, at the option ofthe State, become its property, and the Local
Agency shall be entitled to receive just and equitable compensation for any services and supplies
delivered and accepted. The Local Agency shall be obligated to return any payments advanced under
the provisions of this contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the
State may withhold payment to the Local Agency for the purposes of mitigating its damages until
such time as the exact amount of damages due to the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in default
or that the Local Agency's action/inaction was excusable, such termination shall be treated as a
termination for convenience, and the rights and obligations of the parties shall be the same as if the
contract had been terminated for convenience, as described herein.
Page 7 of 11
Section 14. Legal Anthority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that
it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that
authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the
Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency
warrants that such person(s) has full authorization to execute this contract.
Section 15. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region
6, 2000 South Holly Street, Denver, Colorado 80222. Said Region Director will also be responsible
for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to
the Local Agency for commencement of the Work. All communications relating to the day-to-day
activities for the work shall be exchanged between representatives of the State's Transportation
Region 6 and the Local Agency. All communication, notices, and correspondence shall be addressed
to the individuals identified below. Either party may from time to time designate in writing new or
substitute representatives.
If to the State:
Ed Martinez
CDOT Region 6
Resident Engineer
4670 Holly Street, Unit D
Denver, CO 80216
(303) 398-6730
If to the Local Agency:
Tim Paranto
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado, 80033
(303) 235-2860
Section 16. Successors
Except as herein otherwise provided, this contract shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
Section 17. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this
contract and all rights of action relating to such enforcement, shall be strictly reserved to the State
and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of
action whatsoever by any other third person. It is the express intention of the State and the Local
Agency that any such person or entity, other than the State or the Local Agency receiving services or
benefits under this contract shall be deemed an incidental beneficiary only.
Section 18. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of
this contract shall be construed or interpreted as a waiver, express or implied, of any of the
Page 8 ofll
immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity
Act, 9 24-10-101, et seq., C.RS., as now or hereafter amended. The parties understand and agree
that liability for claims for injuries to persons or property arising out of negligence of the State of
Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of 924-10-101, et seq., C.RS., as now or hereafter amended and the risk
management statutes, 99 24-30-1501, et seq., C.RS., as now or hereafter amended.
Section 19. Severability
To the extent that this contract may be executed and performance of the obligations of the
parties maybe accomplished within the intent of the contract, the terms of this contract are severable,
and should any term or provision hereof be declared invalid or become inoperative for any reason,
such invalidity or failure shall not affect the validity of any other term or provision hereof.
Section 20. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement,
or of any other term, provision or requirement.
Section 21. Entire Understanding
This contract is intended as the complete integration of all understandings between the
parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any
force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal,
addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a
writing executed and approved pursuant to the State Fiscal Rules.
Section 22. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all
terms and conditions of this contract and the exhibits and attachments hereto which may require
continued p"-,;u,;,,ance, compliance or effect beyond the termination date of the contract shall
survive such tennination date and shall be enforceable by the State as provided herein in the event of
such failure to perform or comply by the Local Agency.
Section 23. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or
State law, or their implementing regulations. Any such required modification shall automatically be
incorporated into and be part of this contract on the effective date of such change as if fully set forth
herein. Except as provided above, no modification of this contract shall be effective unless agreed to
in writing by both parties in an amendment to this contract that is properly executed and approved in
accordance with applicable law.
Page 9 of 11
Section 24. Funding Letters
The State may allocate more or less firnds available on this contract using a Funding Letter
substantially equivalent to Exhibit C and bearing the "l'IHV.al of the State Controller or his designee.
The firnding letter shall not be deemed valid until it shall have been "l'l'w.ed by the State Controller
or his designee.
Section 25. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact
arising under this contract which is not disposed of by agreement will be decided by the Chief
Engineer ofthe Department of Transportation. The decision of the Chief Engineer will be final and
conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision,
the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the
Executive Director ofthe Department of Transportation. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer
evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency
shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's
decision. The decision of the Executive Director or his duly authorized representative for the
detennination of such appeals will be final and conclusive and serve as final agency action. This
dispute clause does not preclude consideration of questions of law in connection with decisions
provided for herein. Nothing in this contract, however, shall be construed as making fmal the
decision of any administrative official, representative, or board on a question of law.
Page 10 of 11
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR:
STATE OF COLORADO:
BILL RITTER, JR.
GOVERNOR
Citv of Wheat Ridl!e
Legal Name of Contracting Entity
By
For Executive Director
Department of Transportation
~000099
CDOT Vendor Number
Signature of Authorized Officer
Print Name & Title of Authorized Officer
CORPORATIONS:
(A corporate seal or attestation is required.)
Attest (Seal) By
(Corporate Secretary or Equivalent, or Town/City/County Clerk)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller,
or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is
signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for
the goods and/or services provided.
STATE CONTROLLER:
LESLIE M. SHENEFELT
Bv
Date
Page 11 of 11
Exhibit A
Exhibit A
Scope of Work
This contract scope of work includes the following work at 1-70 and SH 58:
1. Construction of a new underpass along 1-70 at 40th Ave.
2. Construct new frontage road alignment to the Jefferson Cty Animal
Shelter.
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Exhibit A-Page 1 of1
Exhibit B
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT
FUNDING INCREASE/DECREASE AND APPROVAL LITrER Region:
ComDlete section 1 and submit to COOT Controller's office.
Exhibit C
AUTHORITY: . . ---=l
State Controller Policy letter on June 12, 1996
COOT Controller letter on Mav 23, 1996
(1 )This form to be used for the following contracts/situations only (check the appropriate situation):
_indefinite quantity, order more/add more _utility/railroad, underestimated total cost
_COOT construction, sum of CMO's _LA construction, underestimated cost
COOT construction- underestimated total cost _ COOT consultant. underestimated cost
SECTION 1 (ReQion use)
From:
Reaion #
I Office:
I Phone #
FAX #
1
I
I
I
I
II
I
Date:
I To: COOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER)
Project code
Project #
COOT has executed a contract with:
Address:
COOT Vendor #
Contract routing #
SAP Purchase Order Number
Fund
Functional Area
GL Account Number
WBS Element or Functional Center
Has a Budget Request been processed to cover the contract amount increase?
yes no
Pre parer's name
PHONE NO:
This Funding Letter total
$
(# -.-J
Contract Administrator's/Business Manager's Approval
PHONE NO:
Adjusted contract amount
$
COOT Designee Approval
Local Agency approval
SECTION 2 (Controller's Office use)
I Iotal allotment amount
Commission budget
$
If construction:
_CE pool elig.
CE charges
$
Indirect chgs
$
Adjusted contract amount plus total CE & indirect
charges calculation $
II have reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available
to cover this increase, effective as of
, .
I State Controller or Delegee
Date
Exhibit C - Page 1 of!
Exhibit D
LOCAL AGENCY
CONTRACT ADMINISTRATION
CHECKLIST
CDOT Form 1243
NOT APPLICABLE
Exhibit D - Page 1 of 1
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION 54
Series of 2007
TITLE:
A RESOLUTION APPROVING A CONTRACT WITH THE
COLORADO DEPARTMENT OF TRANSPORTATION (CDOT),
AND IN CONNECTION THEREWITH, APPROVING THE
CONSTRUCTION OF THE 40TH AVENUE UNDERPASS OF 1-70
BY CDOT AT A COST OF $6,950,000
WHEREAS, the City Council wishes to provide for the construction of the 40th
Avenue Underpass of 1-70 by COOT; and
WHEREAS, the City has negotiated a contract with the Colorado Department of
Transportation, for the purpose of establishing the cost of constructing the 40th Avenue
Underpass and the reimbursement process to CDOT for those costs.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. Contract Aooroved.
The contract between the City and the Colorado Department of Transportation
for the construction of the 40th Avenue Underpass of 1-70 is hereby approved and the
Mayor and City Clerk are authorized and directed to execute the same.
Section 2. Effective Date.
This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this
day of
.2007.
ATTEST:
Jerry DiTullio, Mayor
Michael Snow, City Clerk
ATTACHMENT a
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is entered into as of the 28th day
of February, 2007 by and between the Colorado Department of Transportation
("CDOT") and the City of Wheat Ridge, Colorado ("Wheat Ridge"), together referred to
herein as the "Parties."
RECITALS
A. CDOT has entered into a contract with Ames Construction Company for
construction of the "1-70/SH 58 Ramp Construction Project."
B. Wheat Ridge, in cooperation with a private developer of property west of
Interstate 70 and primarily south of Colorado Highway 58, is arranging for construction
of a vehicular underpass under 1-70 at approximately 40th Avenue.
C. CDOTs contract with Ames Construction Company provides for inclusion
of the construction of the vehicular underpass at 40th Avenue.
D. CDOT and the Federal Highway Administration (FHWA) have approved a
Finding of No Significant Impact for the CDOT Project 1M 0703-294, 1-70/32n Avenue
Interchange.
E. The Finding of No Significant Impact for the CDOT Project 1M 0703-294, 1-
70/32nd Avenue Interchange (FONSI) contains a Mitigation Measure requiring the
Interstate Access Request be completed and any associated supporting analysis be
completed through the design process.
F. The Parties wish to enter into this Memorandum of Understanding in
anticipation of a formal Intergovernmental Agreement to provide for the construction by
CDOT of the 40th Avenue underpass as a part of the 1-70/Highway 58 Ramp
Construction Project, in return for reimbursement of the cost thereof by the City; as well
as provide that Wheat Ridge have limited responsibility for improvements identified in
conjunction with the 1-70/32nd Avenue Interchange Environmental Assessment dated
October 2006 and a pending Interstate Access Request associated with the
construction of improvements identified in the Environmental Assessment.
In recognition of the foregoing, the Parties agree as follows:
1. CDOT agrees to include all costs of the construction, construction
inspection and testing of the 40th Avenue underpass as defined in the 1_70/32nd Avenue
Interchange Environmental Assessment dated October 2006, as a part of CDOTs
construction of the 1-70/Highway 58 Ramp Construction Project.
A I I ACHMENT 3
2. COOT will provide construction access to local Wheat Ridge projects
through the underpass on or before December 1, 2007; and complete the underpass
and open the underpass to public traffic by June 1, 2008.
3. The total cost to Wheat Ridge for the construction of the 40th Avenue
underpass, relocation of the west 1-70 frontage road north and south of the underpass
and a traffic signal at 40th Avenue and Youngfield Street shall not exceed 7.30 million
dollars ($7,300,000). Wheat Ridge shall reimburse CDOT the cost associated with
construction of the 40th Avenue underpass on a monthly basis, total cost not-to-exceed
$7,300,000.
4. CDOT shall fund the advanced simulation analysis of the 1-70 mainline
described in the Mitigation Measures of the FONSI.
5. CDOT and Wheat Ridge agree that Wheat Ridge shall be limited
financially for only those improvements identified in the funding plan of the 1-70/32nd
Avenue Interchange Environmental Assessment dated October 2006.
6. The Parties agree to execute a mutually acceptable intergovernmental
agreement (IGA) embodying the terms of this Memorandum of Understanding. The IGA
will include standard terms and conditions typically used in CDOT IGAs.
7. CDOT will draft the IGA and the Parties will work cooperatively in the
execution of the agreement, which will embody the principles of the Memorandum of
Understanding.
IN WITNESS WHEREOF, the Parties have executed this Memorandum of
Understanding as of the date and year first set forth above.
CITY OF WHEAT RIDGE
Randy Young, City Manager
COLORADO DEPARTMENT OF TRANSPORTATION
Randy Jensen, Region 6 Director
ITEM NO:
5.
REQUEST FOR CITY COUNCIL ACTION
A.~ ~."'.
~. .,....;.f;6.-.--... .~J~~~ .~. '.",
A-c0 ~
COUNCIL MEETING DATE:
December 10, 2007
TITLE:
RESOLUTION 55-2007 - A RESOLUTION APPROVING THE
FIRST AMENDMENT TO INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND LONGS PEAK
METROPOLITAN DISTRICT
D PUBLIC HEARING
D BIDS/MOTIONS
I:8J RESOLUTIONS
D ORDINANCES FOR I ST READING (Date:
D ORDINANCES FOR 2ND READING
)
~lUlSi-Jndicial:
D
Yes
I:8J
No
-C~J.f
city~~6
Director of Pnblic Works
EXECUTIVE SUMMARY:
In 2006, the City entered into a Memorandnm of Understanding with the Colorado Department of
Transportation (CDOT) to facilitate construction of the 40th Avenne Underpass with the CDOT
1-70/ SH58 Interchange ramp project. The attached amendment to the Intergovernmental Agreement
(IGA) between the City and the Longs Peak Metropolitan District insllfes that the District will
promptly reimbllfse CDOT for costs associated with the construction of the 40th A venne Underpass.
COMMISSION/BOARD RECOMMENDATION:
None.
STATEMENT OF THE ISSUES:
In developing a sched11le for construction of the many street and highway improvements reqnired for
development of the Cabela's Shopping Center, it was determined that the 40th A venne Underpass was
best constructed by CDOT as an element of the 1-70/SH58 Interchange ramp construction project. The
IGA between the City and CDOT for construction of the 40th Avenue Underpass is being presented to
the City Council for approval on December 10,2007.
The Intergovernmental Agreement between the City and Longs Peak Metropolitan District provides
that the District construct the 40th Avenue Underpass. As CDOT will not contract with the District for
the construction, the City is the primary party responsible for reimbursement to CDOT for the costs of
the 40th Avenue Underpass construction. To insure thatthe District will make payments to CDOT in a
timely manner and to protect the City from financial obligation, an amendment to the
City/Metropolitan District IGA was developed.
ALTERNATIVES CONSIDERED:
None.
FINANCIAL IMPACT:
None.
RECOMMENDED MOTION:
"1 move to approve Resolution 55-2007. A Resolution Approving the First Amendment to
Intergovernmental Agreement between the City and Longs Peak Metropolitan District."
Or,
"1 move to postpone indefinitely Resolution 55-2007. A Resolution Approving the First Amendment
to Intergovernmental Agreement between the City and Longs Peak Metropolitan District for the
following reason(s) "
Report Prepared by: Tim Paranto, Director of Public Works
Reviewed by: Randy Young, City Manager
Attachments:
1. IGA Amendment
2. Resolution 55-2007
FIRST AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT
Between
THE aTY OF WHEAT RIDGE, COLORADO
and
LONGS PEAK METROPOLITAN DISTRICT
THIS FIRST AMENDMENT TO AGREEMENT is effective the _ day of
, 2007, by and between the aTY OF WHEAT RIDGE, a home rule city of the
State of Colorado (the "City"), and LONGS PEAK METROPOLITAN DISTRICT, a quasi-
municipal cotporation and political subdivision of the State of Colorado (the "District"). The City
and the District are collectively referred to as the Parties.
REarALS
WHEREAS, the Parties entered into that certain Intergovernmental Agreement concerning
public infrastructure improvements, facilities and services in connection with the development of
property annexed to the City as the "Cabela's/Coors/Salter Property Annexation," as of December
11,2006 (the "Agreement"); and
WHEREAS, the Parties wish to amend the Agreement to provide certain procedures for
payment of invoices for the 40th Undetpass Project.
NOW, THEREFORE, in consideration of the covenants and mutual agreements herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree:
1. Section 4.5 Amended. Section 4.5 of the Agreement is amended and replaced to read in its
entirety as follows:
4.5
~~-flu:e
(Z15)
40th Avenue Unde~ass. The 40th Avenue Undetpass is a Public I"<p<v,ement and
appears in the list of Public Improvements on Exhibit 4, as one of the "Sales Tax
Improvements." Notwithstanding any provision of this Agreement to the contrary,
the cost of design construction, construction inspection and contingency for the 40th
Avenue Undetpass shall be paid as follows: upon receipt of each invoice from the
Colorado Department of Transportation (COOT), the City shall promptly transmit a
copy of the same to the District. The District shall promptly, but in no event later
than '!'I\'emy (2Q)'-days after the District's receipt of the invoice, prepare its check,
payable to COOT in the amount of the invoice, and shall transmit the same to the
City for further transmirtal to COOT. The District shall have the right to review any
supplemental information to support the invoice. The District is obligated to pay
each invoice in full.
ATTACHMENT 1
2. Amendment to Setvice Plan not Reouired. The Parties agree that this Amendment is
permitted pursuant to Section 15 of the Agreement and that no amenrl~pnj- to the District Service
Plan is required.
IN WIlNESS WHEREOF, the District and the Gty have caused this Agreement to be duly
executed as of the day first above written.
LONGS PEAK METROPOLITAN
DIS'2
A.~ ~f~2
. 'I L ll._~
Titl~~IO~1ln"
ATIEST:
B~_/~:~ . -
N1h1e:~- iALb i'oY\lAL.J:L
Title: ~ 290rA It. 'T
OTY OF WHEAT RIDGE
By:
Jeny DiTullio, Mayor
ATIEST:
By:
Michael Snow, Gty Oerk
APPROVED AS TO FORM:
Gerald E.Dah1, Gty Attom~y
2
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION 55
Series of 2007
TITLE:
A RESOLUTION APPROVING THE FIRST AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
WHEAT RIDGE, COLORADO AND LONGS PEAK
METROPOLITAN DISTRICT
WHEREAS, the City Council wishes to provide for the construction of the 40th
Avenue Underpass of 1-70 by CDOT; and
WHEREAS, the City has negotiated a contract with the Colorado Department of
Transportation, for the purpose of establishing the cost of constructing the 40th Avenue
Underpass and the reimbursement process to CDOT for those costs; and
WHEREAS, the City and Longs Peak Metropolitan District entered into an
Intergovernmental Agreement dated December 11, 2006; and
WHEREAS, the City and Longs Peak Metropolitan District wish to further define
the responsibilities for the cost of constructing the 40th Avenue Underpass.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. Contract Amendment Aooroved.
The First Amendment to Intergovernmental Agreement between the City and
Longs Peak Metropolitan District is hereby approved and the Mayor and City Clerk are
authorized and directed to execute the same.
Section 2. Effective Date.
This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this
day of
,2007.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
A I I ACHMENT a
~
~ 1',
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o ~
rdl.OR,&..Q9:
ITEM NO:
(;;.
REQUEST FOR CITY COUNCIL ACTION -
COUNCIL MEETING DATE:
December 10, 2007
TITLE:
ACCEPTANCE OF CABELA DRIVE RIGHT -OF-WAY
D PUBLIC HEARING
~ BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial: D ~
Yes No
--;;:; ~~ ~
Tim Paranto, Director'ofPublic Works
City~
EXECUTIVE SUMMARY:
The development of the Cabela's Shopping Center requires the construction of Cabela Drive from the
existing City limits to 44th A venue. The portion of Cabela Drive lying in Coors Brewing Company is
being donated to the City. Staff recommends that the attached special warranty deed be accepted by
the City Council to complete this action.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
To provide adequate transportation facilities to serve the new CabeIa's Shopping Center a new
interchange will be constructed on SH58. Cabela Drive will be extended to SH58 and north to 44th
Avenue. A condition of the Final Development Plan for the Cabela's store requires that all street
right-of-way be provided prior to issuance of a building permit. Coors is donating the property
required for Cabela Drive and the interchange. The attached special warranty deed will prqvide the
street right-of-way south of SH58.
ALTERNATIVES CONSIDERED:
None.
FINANCIAL IMPACT:
Acceptance of the special warranty deed will require a payment of $1.00.
RECOMMENDED MOTION:
"I move to accept the Special Warranty Deed for Cabela Drive as described in the deed."
Or
"I move to deny acceptance of the Special Warranty Deed because
Initiated by:
Report Prepared by:
Reviewed by:
Tim Paranto
Tim Paranto
Randy Young
Attachments:
1. Special Warranty Deed
2. Property Donation Form
3. Vicinity Map
cc: N/A
"
SPECIAL WARRANTY DEED
THIS DEED, Made this Iff> day of November, 2007, is between COORS BREWING COMPANY, a Colorado
corporation ("Grantor"), and the City of ,Wheat Ridge, a tmmicipal corporatiqn of the State of Colorado ("Gnmtee").
WITNESSETH. That the Graiitor, for and in consideration of the sum of One Dollar ($1.00), and other good and
valuable consideration, the receipt and sufficiency ofwbich are hereby acknowledged, has granted, bargained. sold and
conveyed, and by these presents does grant, bargain, sell. convey and confirm, unto the Grantee. its successors and assigns
forever, thereat property, together with =-'.r-- ,_",-~ts. ifeny, situate, lying -and being in the County ofJeffer.>on, State of
Colorado, described on E%htbit A attached heretO and incorporated herein by this reference (the "Property").
CDOTProjectNutIlber: CCOS81-OO9'
CDOTProjectCode: 16051
SeeEIhiblt"A"
The Project infonnation is provided for reference purposes only. In the event of any conflict between the Property description
contained in the Project infonnation and the legal description attached hereto as Exhibit A, tbe legal description in Exln'bit A
shall prevail.
TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging or in anywise
appertaining, and the reversion and reven:ions, remainder and remainders, rents, issues and profits thereof, and all the estate,
right, title, interest, daim and demand whatsoever of the Grantor, eithE2" in law or equity, of; :iJ,1 and to the above-bargained
premises, with the hereditaments and appurtenances thereunto appertaining.
TO HA VB AND TO HOLD the said premises abo, _ :'':'''0.:..:.._1 and described, with the appurtenances, unto the
Grantee, its ->___....,v... and assigns forever. And the Grantor, for itself; its successors and assigns does covenant, grant, bargain
and agree to and with the Grantee. its suecessom and assigns that at the time of the ensealing an~ delivery of these presents, it is
well seized of the premises above conveyed. in fee simple, and bas good right, full power and laWful authority to grant, bargain,
sell and convey the same in manner and fonn as aforesaid, and that the same are free and clear from all fanner and other grants,
bargains, sales. liens, taxes. assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except taxes and
assessments for the year 2007 and for all subsequent years; easements, restrictions, col1ditions, reservations, rights-of-way, and
all other dO(:Uments of record; easemeo,t$, rights-of-way or conditions visible upon inspection of the Property; building, zoning,
and land use rnles,-regulations, resolutions, restrictions, codes and decisions.
Grantor sha11. and wilt WARRANT AND FOREVERDBFEND 1h~ above-bargained premises in the quiet and
peaceable possession of the Grantee, its successors and llSSigns, against all and every person or persons claiming the whole or any
part thereof, by, through orunderthe Grantor.
IN WITNESS WHEREOF, the Granoor has executed this deed on the date set forth above.
GRANTOR: COORS BREWING COMPANY.
a Colorado corporation
By:
N. Comell Boggs, ill \,.J
Chief Legal Officer & Group Vice President of Public Affitirs
1cJ. C-~ A~
STATE OF COLORADO
)
)".
)
COUNTY OF JEFFERSON
The foregoing SPECIAL WARRANTY DEED was acknowledged before me this 16th day of November, :2007
Cornell Boggs, In. as Chief Legal Officer & Group Vice President of Public Affairs of COORS BREWING COMP. l. V:
Grantor. .....:.. ,
C1 ... .....
tl~o.Wtt y
! '$ 1
~~.
WITNESS my hand and official seal.
My Commi"ion expires, Q".",*LCl..q.~~
Q>\ 26, mil \..J Not1ny Public
APPROVED AS TO FORM,
Attorney
THE WTIHIN DEED IS ACCEPTED TlIIS 1I.<.t'UAY OF ~~ 2007.
By:
LEGAL
OK
I 11/t5"/01
DATE
A I I ACHMENT 1
-{lit>
1NmAtS
EXlDBIT "A"
PROJECT NUMBER: CC 0581-009
PARCEL NUMBER: 27A
Project Code: 16051
Date: September 12, 2007
DESLJUr ..ON
A tract or parcel of land No. 27 A of 1he Department of Transportation, State of Colorado, Project
No. CC 0581-009 containing 4.471 acres, more or less, in 1he Southwest 1/4 of Section 19,
Township 3 South, Range 69 West of1he Sixth Principal Meridian, City ofWheatridge, County
of Jefferson, State of Colorado said tract or parcel being more particularly described as follows:
Commencing at the West 1/4 comer of said Section 19, whence 1he Northwest comer of said
Section 19 bears NOoo03'10'W along 1he West line of said Northwest 1/4, 2,638.99 feet; thence
S38029'19"E, 1,219.54 feetto the Point of Beginning;
1. Thence N74018'49"E, 322.38 feet to the point of curvature of a curve concave
Northeasterly, having a radius of275.00 feet;
2. Thence Southeasterly, through a central angle of94002'12", along 1he arc of said
curve 451.34 feet, said curve having a chord of 402.36 feet which bears S61 021 '19"E,
to a point of compound curvature of a curve concave Northwesterly, having a radius
of 400.00 feet;
3. Thence Northeasterly, through a central angle of 39035'48", along 1he arc of said
curve 276.44 feet, said curve having a chord of270.97 feet which bears
N52047'22"E;
4. Thence N32040'24"E, 57.33 feet;
5. Thence S57019'36"E, 10.00 feet;
6. Thence N32040'24"E, 57.33 feet to the point of curvature ofa curve concave
Southeasterly, having a radius of 590.00 feet;
7. Thence Northeasterly, through a central angle of 27045' 11 ", along the arc of said
curve 285.79 feet, said curve having a chord of283.00 feet which bears
N46033'00"E to 1he Southerly right-of-way line of State Highway 58 as described in
1hat docwnent recorded in Book 2227, Page 527, and Book 2116, Page 102 in the
Jefferson County Clerk and Recorder's office;
8. Thence N8700 1'43 "E, 416.32 feet to the cusp of a non-tangent curve concave
Southerly, having a radius of2018.17 feet;
9. Thence Westerly, through a central angle of 03024'48", along the arc of said curve
120.23 feet, said curve having a chord of 120.21 feet which bears S82005'49"W;
10. Thence S80023'25"W, 92.85 feet to the point of curvature of a curve concave
Southeasterly, having a radius of510.oo feet;
II. Thence Southwesterly, through a central angle of 47036'49", along the arc of said
curve 423.82 feet, said curve having a chord of 411.73 feet which bears
S56028'49"W;
12. Thence S32040'24"W, 57.33 feet;
13. Thence S57019'36"E, 10.00 feet;
14. Thence S32040'24"W, 85.60 feet to the point of curvature of a curve concave
Northwesterly, having a radius of 500.00 feet;
15. Thence Southwesterly, through a central angle of 61 015'05", along the arc of said
curve 534.52 feet, said curve having a chord of509.43 feet which bears
S63017'56"W;
I 6. Thence N86004'3 I oW, 66.58 feet to the point of curvature of a curve concave
Northeasterly, having a radius of 525.00 feet;
17. Thence Northwesterly, through a central angle of 55049'24", along the arc of said
curve 5 I 1.5 I feet, said curve having a chord of 49 1.5 I feet which bears
N60014'16"W to the Point of Beginning, containing 194,760 square feet or 4.471
acresJ more or less.
Prepared for and on behalf of the
Colorado Department ofTrnnsportation
Micheal L. Bouchard, PLS #2494 I
Farnsworth Group, Inc.
5801 N. Union Blvd.
Colorado Springs, CO 80918
REAL PROPERTY DONATION
Project Code: CC0581-009
Parcel No: 27A
Location: Golden, Colorado
Coors Brewing Company ("CBC"), whose real property is needed for a transportation
improvement project referenced above (the "Project"), agrees to donate the real property as
legally described in the legal description as shown in the deed attached hereto as Exhibit A and
inCOIporated herein by this reference (the "Property") to the City of Wheat Ridge, Colorado (the
City), and agrees to donate (waive receipt of) all or any portion of just compensation due to CBC
for the Property. The City hereby agrees to accept donation of the Property from CBC.
Where CBC wishes to use the donation for a tax deduction, CBC acknowledges that it should
seek advice from the Internal Revenue Service or a tax expert regarding the current rules for
valuation. CBC acknowledges that it is CBC's responsibility to ascertain the fair market value of
the Property for tax purposes. The City will pay the reasonable cost of an appraisalJor tax
purposes if the value of the acquisition is estimated by the District at $5,000 or more and the
appraisal is prepared by an independent appraiser.
Donation of the Property is made voluntarily and with full knowledge of the right to receive just
compensation.
CBC hereby waives the right to receive an appraisal other than an appraisal for tax purposes as
described above, and waives the right to receive just compensation for the Property. CBC
hereby'agrees-to execute a special warranty deed to transfer said Property in the form attached
hereto as Exhibit A.
COORS DKJ!.lVINGCOMPANY,
a Colorado coIporation
By: IV. ~ ~~
N. Cornell Boggs, III
Chief Legal Officer & Group Vice President of
Public Affairs -"
--(a(J
INmAlS
LEGAL
OK
II lts1u7
DATE
ACCEPTED FOR THE CITY:
CITY OF WHEAT RIDGE,
a municipal coIporation
By:
Print Name:
Print Title:
Attachments (Exhibit A)
A I I ACHMENT a.
EXHIBIT A
SPECIAL WARRANTY DEED
THIS DEED. Made this Iff' day of November, 2007, is between COORS BREWlNG COMPANY. a Colorado corporation
("Grantor"), and the City of Wheat Ridge, a municipal corporation of the State of Colorado ("Grantee").
WITNESSETH, That the Grantor, for and in consideration of the sum of One Dollar (SI.00), and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell, convey and confirm, unto the Grnntee, its successors and assigns forever, the real property, together with improvements,
if any, situate, lying and being in the County of Jefferson, State of Colomdo, described on Exhibit A attached hereto and incorpornted herein by
this reference (the "Property").
Project Number; CC0581-009
Project Code; 16051
See Exhibit " A"
The Project infonnation is provided for reference purposes only. In the event of any conflict between the Property description contained in the
Project information and the legal description attached hereto as Exhibit A, the legal description in ExhibitA shall prevail.
TOU.ol.ll..O!'\.. WITH a11 and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the
reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand
whatsoever of the Gnmtor, either in law or equity, of, in and to the above-bargained premises, with the hereditaments and appurtenances
thereunto appertaining.
TO HA VB AND TO HOW the said premises abO'\ _ l:....o..:.._J and described, with the app\.......................,., unto the Gnmtee, its
successors and assigns forever. And the Grantor, for itself, its successors and assigns does covenant, grant,-bargain and agree to and with the
Grantee, its successors and assigns that at the time of the ensealing and deliveIY of these presents, it is well seized of the premises above
conveyed, in fee simple, and has good riglt, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, a.,,,,,,,,,,,",-.t,,, encumbrances and
restrictions of whatever kind or nature whatsoever, except taxes and assessments for the year 2007 and for all subsequent years; easements,
restrictions, conditions, reservations, rights-of-way, and all other documents of record; easements, rights-of-way or conditions visible upon
inspection of the Property; building, zoning, and land use rules, regulations, resolutions, restrictions, codes and decisions.
Grantor shall and will WARRANT AND FOREVER unr OfllU the above-bargained premises in the quiet and peaceable possession of
the Grantee, its successors and assigns, against aU and every person or persons claiming the whole or any part thereof, by, through or under the
Grantor.
IN ~S WHEREOF, the Grantor has executed this deed on the date set forth above.
GRANTOR; COORS BREWING COMPANY,
a Colorado corporation
By;
N. Cornell Boggs, DI
Chief Legal Officer & Group Vice President of Public Affairs
STA1E OF COLORADO
COUNTY OF JEFFERSON
)ss.
)
The foregoing SPECIAL W ARRAN1Y DEED was acknowledged before me this 16th day of November, 2007, by N. Cornell Boggs,
III, as ChiefLegalOffic_er & Group Vice President of Public Affairs of COORS BREWING COMPANY, Gnmt~r..._:
WITNESS my hand and official seal.
My Commission expires-
Notary Public
APPROVED AS TO FORM;
Attorney
THE WITHIN DEED IS ACc;nr 1 nu THIS
DAY OF
.2007.
By;
E.MillUf "A"
PROJECT NUMBER: CC 0581-009
PARCEL NUMBER: 27A
Project Code: 16051
Date: September 12; 2007
DESCRIPTION
A tract or parcel of land No. 27 A of the Department of Transportation, State of Colorado, Project
No. CC 0581-009 containing 4.47\ acres, more or less, in the Southwest 1/4 of Section 19,
Township 3 South, Range 69 West of the Sixth Principal Meridian, City of Wheatridge, County
of Jefferson, Stale of Colorado said tract or parcel being more particularly described as follows:
Commencing at the West 1/4 comer of said Section 19, whence the Northwest comer of said
Section 19 bears NOoo03' IO'W along the West line of said Northwest 1/4,2,638.99 feet; thence
S38029'\9"E, 1,2\9.54 feet to the Point of Beginning;
1. Thence N74018'49"E, 322.38 feet to the point of curvature of a curve concave
Northeasterly, having a radius of275.00 feet;
2. Thence Southeasterly, through a central angle of94002'12", along the arc of said
curve 451.34 feet, said curve having a chord of 402.36 feet which bears S61 021' 19"E,
to a point of compound curvature of a curve concave Northwesterly, having a radius
of 400.00 feet;
3. Thence Northeasterly, through a central angle of39035'48", along the arc of said
curve 276.44 feet, said curve having a chord of270.97 feet which bears
N52047'22"E;
4. Thence N32040'24"E, 57.33 feet;
5. Thence S57019'36"E, 10.00 feet;
6. Thence N32040'24"E, 57.33 feet to the point of curvature of a curve concave
Southeasterly, having a radius of 590.00 feet;
7. Thence Northeasterly, through a central angle of27045'1l", along the arc of said
curve 285.79 feet, said curve having a chord of283.00 feet which bears
N46033'00"E to the Southerly right-of-way line of State Highway 58 as described in
that document recorded in Book "l227, Page 527, and Book 2116, Page 102 in the
Jefferson County Clerk and Recorder's office;
8. Thence N8700 1 '43 "E, 416.32 feet to the cusp of a non-tangent curve concave
Southerly, having a radius of2018.17 feet;
9. Thence Westerly, through a central angle of 03024'48", along the arc of said curve
120.23 feet, said curve having a chord of 120.21 feet which bears S82005'49"W;
10. Thence S80023'25"W, 92.85 feet to the point of curvature of a curve concave
Southeasterly, having a radius of510.00 feet;
11. Thence S01..~",,,,.,,.ly, through a central angle of 47036'49", along the arc of said
curve 423.82 feet, said curve having a chord of 411.73 feet which bears
S56028'49"W;
12. Thence S32040'24"W, 57.33 feet;
13. Thence S57019'36"E, 10.00 feet;
14. Thence S32040'24"W, 85.60 feet to the point of curvature of a curve concave
Northwesterly, having a radius of 500 .00 feet;
15. Thence Southwesterly, through a central angle of 61 015'05", along the arc of said
curve 534.52 feet, said curve having a chord of 509.43 feet which bears
S63017'56"W;
16. Thence N86004'31 "W, 66.58 feet to the point of curvature of a curve concave
Northeasterly, having a radius of 525.00 feet;
17. Thence Northwesterly, through a central angle of55049'24", along the arc of said
curve 51 I.51 feet, said curve having a chord of 491.51 feet which bears
N60014'16"W to the Point of Beginning, containing 194,760 square feet or 4.471
acres, more or less.
Basis of Bearings: Bearings are based on the North line of the Southeast Quarter of Section 19,
Township 3 South, Range 69 West of the fJ" Principal Meridian bearing North 89006'21" East
and is monumented on the west end (Center Quarter Corner of Section 19) by a 3 W' Brass Cap
PLS No. 15846 in a monument box and on the east end (West Quarter Corner of Section 19) by a
I \4"Brass Cap PLS No. 10104 in a monument box.
Prepared for and on behalf of the
Colorado Depar1ment of Transportation
Micheal L. Bouchard, PLS #24941
Farnsworth Group, Inc.
5801 N. Union Blvd.
Colorado Springs, CO 80918
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ATTACHMENT 3
~~' WH"Ar.",
~ 0
- 0
o ~
rut.OR",I::P
ITEM NO:
1,
REQUEST FOR CITY COUNCIL ACTION
~1;C
COUNCIL MEETING DATE:
December 10, 2007
TITLE:
MOTION TO ADOPT THE 2008 CITY COUNCIL REGULAR
MEETING CALENDAR
D PUBLIC HEARING
~ BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
D
Yes
~
No
~._.s--
city~~4
City Clerk
EXECUTIVE SUMMARY:
The Wheat Ridge City Council may adopt by motion the 2008 City Council Calendar. The calendar
initially includes scheduled meetings for regular City Council Meetings and Study Sessions with some
changes throughout the year based on observed City of Wheat Ridge holidays. The proposed calendar
is Attachment 1.
COMMISSION/BQARD RECOMMENDATION:.
N/A
STATEMENT OF THE ISSUES:
The regular meetings of the Wheat Ridge City Council are based on the City Council Rules and the
City Charter. It should be noted that three Study Sessions in January, February, and September and
two Regular City Council Meetings in May and November that fall on holidays when the City is
closed have been cancelled. A fourth Study Session in November on the eve of the 2008 Presidential
Election has been cancelled. This election is a polling place election, for which the Council Chambers
is expected to be set up for polling the night before the election. Adopting the regular meeting calendar
for the year is more efficient and enables the Mayor, Council and staff to schedule other events and
travel in advance. The Council will be able to amend the schedule by motion throughout the year, if
necessary.
ALTERNATIVES CONSIDERED:
Alternative 1: Amend the proposed calendar within the parameters of the current Council Rules and
Charter.
Alternative 2: Do not adopt the 2008 City Council Regular Meeting Calendar
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to adopt the proposed 2008 City Council Regular Meeting Calendar."
Or,
"I move to deny the adoption of the 2008 City Council Regular Meeting Calendar for the following
reasons "
Attachments:
1. Proposed 2008 City Council Regular Meeting Calendar.
January 2008
II( ,"IJ.\ \ Il 1:,1) \ \ \11:])"1.:,1).\ \" Tlll.R,I).\ \ J.RII).\ ,. ,\IlTI) \ \" ,1."1)\ \"
1 2 3 4 5 6
City Hall Closed:
NewYear'sDay
::t::>
-+- 7 8 9 10 11 12 13
"""\-
~ 6:30 CC Study
(""l Session (Chambers)
::::s-
.5
('1) 14 15 16 17 18 19 20
~ City Council
- 6:30 Pre-meeting
7:00 Regular Meeting
21 22 23 24 25 26 27
City Hall Closed:
Martin Luther King
Day
28 29 30 31
City Council
6:30 Pre-meeting
7:00 Regular Meeting
February 2008
III )'-,1)\" nT,1) \ ,. \\1':1)'-,1:,1)\" TIIUZ:;I) \ ,. I'!\fl),\" :;,\nRI) \,. ,['''I) \,.
1
2
3
4
5
6
7
8
9
10
6:30 CC Study
Session (Chambers)
11 12 13 14 15 16 17
City Council
6:30 Pre-meeting
7 :00 Regular Meeting
18 19 20 21 22 23 24
City Hall Closed:
President's Day
25
26
27
28
29
City Council
6:30 Pre-meeting
7:00 Regular Meeting
March 2008
Ill)"lJI\ 'I11.:';lJI\ 1\'l:lJ"[.';!)I)' '![III\';D11' 1.1\11).11' ';lll'I(]).I\ ';1 "[)I)'
1
2
3 4 5 6 7 8 9
6:30 CC Study
Session (Chambers)
10 11 12 13 14 15 16
City Council
6:30 Pre-meeting
7:00 Regular Meeting
17 18 19 20 21 22 23
6:30 CC Study
Session (Chambers)
24 25 26 27 28 29 30
City Council
6:30 Pre-meeting
7:00 Regular Meeting
31
April 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
6:30 CC Study
Session (Chambers)
14 15 16 17 18 19 20
City Council
6:30 Pre-meeting
,7:00 Regular Meeting
21 22 23 24 25 26 27
6:30 CC Study
Session (Chambers)
28
29
30
City Council
6:30 Pre-meeting
7:00 Regular Meeting
May 2008
II()"[)\Y TII"lJ\Y \lllJ"I:,])IY TIIl'R,lJ,IY 1,I(]lJ,IY "Il'I(]lIY 'I "lJIY
1
2
3
4
5
6
7
8
9
10
11
6:30 CC Study
Session (Chambers)
12 13 14 15 16 17 18
City Council
6:30 Pre-meeting
7:00 Regular Meeting
19 20 21 22 23 24 25
6:30 CC Study
Session (Chambers)
26
27
28
29
30
31
City Hall Closed:
Memorial Day
June 2008
'1< ),D,I Y H'I':,DI Y III:D,I',,]) I Y 11 IL'R,])I Y I.RID\ Y ,111'RD 1\ ,[',11\ \
1
2 3 4 5 6 7 8
6:30 CC Study
Session (Chambers)
9 10 11 12 13 14 15
City Council
6:30 Pre-meeting
7:00 Regular Meeting
16 17 18 19 20 21 22
6:30 CC Study
Session (Chambers)
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City Council
6:30 Pre-meeting
7:00 Regular Meeting
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July 2008
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Independence Day
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City Council
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August 2008
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Ci<1 Council
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September 2008
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Octo bet 2008
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Noveplber 2008
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City Hall Closed:
City Council '!hanksg1.,\t1g Day '!hankSg1.,\t1g Holiday
6:30 1'te-tnOe1Jng
7:00 Regulat Mee1Jng
December 2008
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~~~r~
~ 0
" '"
93Loo,69
ITEM NO: ~ I
REQUEST FOR CITY COUNCIL ACTION
-.J
COUNCIL MEETING DATE: December 10, 2007
IIILE:
CITY COUNCIL APPOINTMENTS TO
METROPOLITAN BOARDS AND AGENCIES
VARIOUS
::J PUBLIC HEARING
gJ BIDSIMOTIONS
::J RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
o
Yes
~
No
~~~~\~~~
City Clerk ~ \ -, ~
Citr~~
.EXECUTIVE SUMMARY:
Citr Council appointments or ,,,,,,,,,,,entatives to metropolitan boards and agencies are required each
year. Appointments to the Denver Regional Council on Government (DRCOG), Jefferson Countr
Housing Authoritr, Jefferson Countr Communitr Development Block Grant (CDBG) Cu"""';;tee,
Jefferson Countr Board of Corrections, Police Seizure Fund and Jefferson Economic Council (JEC).
COMMISSIONIBOARD RECOMlh~r'l1JATION:
N/A
STATEMENT OF THE ISSUES:
None
ALTERNATIVES CONSIDERED:
None
FIN,ANCIAL IMPACT,
None
.RECOMMENDED MOTION:
"I move to appoint to serve as the City's representative to DRCOG"
(Current Larry Schulz; Alternate- Karen Berry)
"I move to appoint to serve as the City's representative to Jefferson
County Housing Authority"
(Current - Lena Rotola)
"I move to appoint to serve as the City's representative to the
Jefferson County Community Development Block Grant Committee."
(Current - Lena Rotola)
"I move to appoint to serve as the City's representative to the
Jefferson County Board of Corrections"
(Current - J anelIe Shaver)
"I move to appoint to serve as the City's repres"u;";; v'e to the
Jefferson Economic Council"
(Current- Mayor DiTullio; Alternate: Karen Adams)
"I move to appoint to serve as the City's representative to the
Jefferson County-Wide Transportation Committee."
(Current - Larry Schulz; Alternate - Mayor DiTullio)
"I move to appoint to serve as the City's representative to the
Police Seizure Fund"
(Current - Mike Stites)
"I move to appoint to serve as the City's representative to the
Colorado Municipal League Policy Committee"
(Current - Karen Berry)
or:
"I move to not appoint a representative for the City of Wheat Ridge to any particular board of all
"
,
!'
Report Prepared by: Janice Smothers (303) 235-2815
Reviewed by: Michael Snow, City Clerk (303) 235-2823
Attachments:
1. Board! Agency Descriptions
CITY OF WHEAT RIDGE
METROPOLITAN BOARD/AGENCY APPPOINTMENTS
Denver Rel!ional Council on Government ffiRCOG)
The Denver Regional Council of Governments or DRCOG is a voluntary association of
50 county and municipal governments in the Greater Denver area. Through DRCOG,
local governments work to address issues ofregional concern. Those issues include
growth and development, transportation, the environment, provision of services to the
region's older population, and analysis of economic and development trends. Besides
promoting regional cooperation and coordination among local governments, DRCOG
resolves problems, performs regional planning, and provides serves its members. Each
member local government has an elected official as its representative on the Board of
Directors. Voting membership is restricted to local elected officials: county
commissioners, mayors, city council members or trustees.
Jefferson County-wide Transnortation Committee
This committee addresses county transportation issues, i.e. Northwest Corridor Plan.
Jefferson County Housin!! Authoritv
The mission of the Jeffco Housing Authority "After assessing the needs, provide
affordable housing throughout Jefferson County to the greatest number of eligible people
in the most efficient and const-effective manner."
Community Develonment Block Grant Committee (CDBG)
The CDBG Committee is a federally funded grant that was created to improve the
physical, economic and social conditions for low and moderate-income residents or low-
income areas of Jefferson County. The grants may be used for: acquisition, disposition,
and rehabilitation, new construction of property, public facilities improvements, urban
renewal completion, relocation, home ownership and housing services.
*Note: It is recommended that the same individual serves on the Jefferson County
Housing Authority and the CnBG Committee as they are related committees.
Jefferson County Board Of Corrections
The Community Corrections unit screens and recommends placement of adult and
juvenile offenders diverted from incarceration and monitors offender progress and
program compliance. The unit also contracts with private community correctious service
providers for essential and non-residential services. Community CVH"v~Ons supports
two volunteer boards appointed by the Jefferson County Board of Commissioners.
Information on offenders referred to Community Corrections is prepared and presented to
ATTACHMENT 1
the Board of Corrections. The decisions of the Board are communicated to the courts, the
Department of Corrections and the Division ofY outh Corrections.
Police Seizure Fund
Beginning with 1990, all proceeds from seizures and forfeitures of property pursuant to
C.R.S. 16-13-501 ("Colorado Forfeiture Act") are required to be placed in a separate fund
and used solely by the Police Department for purposes other than normal operating needs.
.Jefferson Economic Council (JECI
The JEC is a public/private not-;'", !"",it partnership serving Jefferson County and is one
of the oldest and largest economic development organizations in Colorado. The JEC
concentrates on creating, expanding, and retaining high-paying primary jobs that fuel the
economic health and vitality of our community. A 36-member Board of Directors,
consisting of21 voting members and 15 ex-officio members govems the JEC. The
Board, representing a broad spectrum of industries and city/County govemment, help
shape and direct economic policy in Jefferson County and the metro area. Members of
the Board of Directors also serve on several volunteer committees that guide the
operations of the JEC and study and act on business issues in Jefferson County. The
appointment is an elected official.