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HomeMy WebLinkAbout06-13-22 City Council MeetingAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO June 13, 2022 7:00 p.m. This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building, if allowed to meet on that date per COVID-19 restrictions. Some members of the City Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on June 13, 2022). 3. Virtually attend and participate in the meeting through a device or phone: • Click here to join or provide public comments. • Or call +1-669-900-6833 with Access Code: 852 4495 1934 Passcode: 898825 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Those requiring assistance, ASL, or translation service for languages other than English are asked to contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES • April 18, 2022 Study Session Notes • May 9, 2022 City Council Meeting Minutes • May 16, 2022 Study Session Notes APPROVAL OF AGENDA CITY COUNCIL AGENDA: June 13, 2022 Page -2- PROCLAMATIONS AND CEREMONIES 1. Juneteenth Proclamation – June 19, 2022 PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Motion to award the 2022 Street Resurfacing Bid and approve subsequent payments to Martin Marietta Materials of Lakewood, Colorado in the amount of $1,851,702.51, with a contingency amount of $277,755.32 for a total not to exceed amount of $2,129,457.83 b. Resolution No. 28-2022 - a resolution authorizing acceptance of the Colorado Regional Opioid Intergovernmental Agreement with the counties of Clear Creek, Gilpin, and Jefferson, and other participating local governments within those counties for the establishment of the Region 10 Regional Council c. Motion to approve a Lease Agreement by and between Jefferson County Housing Authority and City of Wheat Ridge for office space at 7490 W. 45th Avenue PUBLIC HEARINGS AND ORDINANCES ON SECOND READING NONE ORDINANCES ON FIRST READING 2. Council Bill No. 09-2022 - an ordinance approving the rezoning of property located at 10101 W. I-70 Frontage Road North from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU-C Interstate) 3. Council Bill No. 13-2022 - an ordinance amending Section 16-107 of the Wheat Ridge Code of Laws concerning harassment and stalking 4. Council Bill No. 10-2022, an ordinance approving a Site Lease Agreement with T-Mobile West, LLC for use of the municipal cell tower CITY COUNCIL AGENDA: June 13, 2022 Page -3- 5. Council Bill No. 11-2022 - an ordinance approving a Site Lease Agreement with Verizon Wireless for use of the municipal cell tower 6. Council Bill No. 12-2022 - an ordinance approving a Site Lease Agreement with New Cingular PCS, LLC for use of the municipal cell tower DECISIONS, RESOLUTIONS, AND MOTIONS 7. A Motion approving a Temporary Site License Agreement with T-Mobile West, LLC 8. A Motion approving a Temporary Site License Agreement with Verizon Wireless 9. A Motion approving a Temporary Site License Agreement with New Cingular Wireless PCS, LLC 10. Resolution No. 29-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $98,534.60, and a transfer from the Central Charges budget in the amount of $90,000, for the purposes of awarding a contract and approving subsequent payments in the amount of $188,534.60 to Stantec Architecture Inc. for the development of a 10-year Facilities Master Plan CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting April 18, 2022 Mayor Bud Starker called the Study Session to order at 6:30 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members (eight) of Council were present in Council Chambers for this session. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. Mayor Starker also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present Scott Ohm, Amanda Weaver (virtually), Judy Hutchinson, Korey Stites (virtually), Valerie Nosler Beck, Janeece Hoppe, Leah Dozeman, and Rachel Hultin. Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager Patrick Goff; Director of Administration, Allison Scheck; Chief of Police, Chris Murtha; WR Police Department; Assistant to the City Manager, Marianne Schilling; Director of Parks and Recreation, Karen O’Donnell; Director of Community Development, Ken Johnstone; Planning Manager, Lauren Mikulak; Senior Neighborhood Planner, Jeff Hirt, interested citizens and guests. Public’s Right to Speak Todd Young, 6930 W. 38th Ave. Came to advocate for ADU’s that extended family members might live in now, and perhaps in the future. In his family there are a number of elder care challenges which would be eased if the elderly members of his family could live in an ADU on his property. We have been in Wheat Ridge for over 30 years and own a business here. We would like to have the opportunity to house our relatives on our property. Bob Brazell, 3830 Carr St. – Came to oppose an ordinance to allow ADU. When people buy a house, they know the zoning for their property. So now you want anyone who happens to live here to violate the zoning ordinances because their rights now supersede the rights of the adjoining property owners and the entire neighborhood. You people are all off base on this proposed change to allow ADU. Note about Wheat Ridge Speaks: Members of the public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for the public to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item. 1. Let’s Talk Resident Engagement Program Update Discussion of this item began at approximately 6:38 pm. Issue The purpose of this study session agenda item is to update City Council on the Let’s Talk Resident Engagement Program and to: 1. Share detailed reports from the recently completed Anderson Park and Fruitdale neighborhood resident engagement “blitzes”; and 2. Provide an update on the Let’s Talk Program Work Plan following completion of neighborhoods five and six of ten Staff Reports Senior Neighborhood Planner Jeff Hirt described how the Let’s Talk Resident Engagement Program launched in September 2020 and has now completed engagement “blitzes” in six of ten neighborhoods. The program continues to affirm the 2019 Neighborhood Revitalization Strategy (NRS) finding that there is a high demand among residents for this type of focused engagement. From October 2021 to March 2022, City staff heard from 232 Anderson Park and Fruitdale residents. Since the program launched, City staff have heard from over 1,100 residents in the six completed neighborhoods. Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, engaging in discussion among themselves and with staff, who answered their questions in detail: • Thanked the staff for their report and more so for their hard work. • How has Let’s Talk Wheat Ridge been received? (Very well and growing.) • This good work grew out of the NRS report and CM are very glad to get the information and to see that the NRS recommendation has borne fruit. • This process has evolved well in response to actual interactions with residents and will only get better from here. Kudos to the staff for the excellent work and ongoing efforts. • CM also expressed their gratitude for the informative and valuable information this program has gathered and will continue to collect. • How is the data from the different stages of the process analyzed and interpreted to determine which priorities, short- and long-term, residents highlight? • Staff reported that they share the results with other departments and then return to the neighborhoods to address the details of their concerns or requests and how to respond effectively. • What are the next steps in 2022 and into 2023? • Does the staff begin the process in a neighborhood with mass post card mailing before we move to live interactions and neighborhood meetings? • Have you looked at what is the best way to gather more data from more residents? • Some disappointment in the numbers, the percentages of residents who participate in this kind of program. Staff reported that our response rates mirror what municipalities see in other parts of the state and country. 2. Accessory Dwelling Units (ADUs) – Ordinance Update Discussion of this item began at approximately 7:18 pm Issue The ordinance defines terms related to ADUs and establishes regulations where there currently are none. It also provides a pathway to legitimizing existing nonconforming or unsanctioned dwelling units in some capacity. This memo also provides recommendations on some issues where council asked for additional information. Lastly, this memo poses additional questions and topics related to ADUs that were not discussed at the November study session but arose as related issues. Staff Reports Director of Community Development, Ken Johnstone and Scott Cutler, Senior Planner, spoke on the issue including prior action of the November 15, 2021, study session, along with other proposed regulations, definitions, and code sections. Councilmembers had questions and comments: Staff came prepared to ask Council for guidance on seven different detailed questions and potential issues related to any policy decisions or ordinances, and staff and CM engaged in a detailed discussion of those seven questions. (Those questions appeared in the Council Packet for this meeting.) Those seven topics/questions dealt with specific zoning, policy and likely scenarios that will develop for specific properties, especially certain unique or infrequently encountered situations. CM thanked staff for their presentation and their excellent preparation and groundwork. The second issue addressed whether the primary residence should be owner occupied on a property with an ADU. The third question regarded parking, and Council’s guidance from 2021 to require at least one additional off-street parking space for an ADU. Would Council consider an exception on a case-by-case basis for streets that have curbs, gutters and wide streets? Also, within the scope of the fourth question from staff was the issue of requiring building code compliance for existing structures that the owner wants to license as an ADU. A detailed discussion of building code compliance for ADU followed, including several specific situations (guest houses, fire code separation, new ADU construction, etc.) and sections of the building code (setbacks, electrical, heating…). The fifth question related to an ADU that is within the structure of the primary residence (e.g., a finished basement) especially one that is now operating as a short-term rental (STR) and the owner wants to convert that space to an ADU. Question six related to attached vs. detached duplexes. The current code says that duplexes must be attached. However, would Council like to allow an ADU as a detached duplex on a lot that is already allowed by zoning (which would be R-2 and R-3 only). The seventh issue concerned whether to create a single definition of ADU to avoid confusion and simplify the regulations and code, and to adopt certain language such as detached ADU vs. single-family vs. multi-family home. A thorough discussion followed. CM Nosler Beck asked Council to give staff advice on currently existing and non- conforming, non-owner-occupied properties with ADU. When an existing property has two dwellings that fit the criteria in the previous paragraph, will we require that the owner occupy the primary residence going forward? During and following lengthy, thorough and detailed discussions, CM Hultin and CM Hoppe proposed several consensuses to provide staff guidance with respect to drafting future Council actions: 1. Location permitted in zone district residential, agricultural, MU-N and new PRDs 2. Owner Occupancy Required 3. Have no parking requirement 4. Approach to existing ADU support staff recommendation to waive zone requirements to a reasonable extent, provide compliance window of 2 years, stop work order after 2 years with double permit fee 5. ADU defined as partial home rental in STR regulations 6. Detached duplexes/ tandem home will be moved to a future study session for more discussion 7. Update outdated terminology of “family” when defining housing types and household types and recommended by staff 8. Provide through administrative action a waiver for owner occupancy fornon- conforming ADUs if the owner of said property can provide evidence that the property has been a rental prior to the new regulations, waiver to expire upon sale of the property Consensuses attained. 3. Preferred Concept Designs for the “Green” on 38th Avenue This agenda item was postponed to a future Study Session due to the lateness of the hour upon completing Item 2, above. Issue The 38th Avenue Streetscape project has been a priority for City Council for over a decade. While the redevelopment of the Green does not directly implement that priority, it is a logical first step in extending streetscape improvements from the West 38 mixed- use project and creating a public gathering space on the City’s main street and in the heart of downtown. A consensus was reached by City Council in 2018 to engage a designer to develop conceptual designs for the Green. Architerra Group was hired by the City in August 2018. A comprehensive community engagement process (see Attachments 1-3) was completed since that time to obtain feedback from key stakeholders and the public. Based on that feedback, Architerra Group has created two preferred design options which they will present to City Council at the April 18, 2022 study session for further discussion and direction. 4. Staff Report(s) Discussion began at 10:03 pm, Mr. Goff commented on National Night Out is scheduled for August. In other cities this event is centered in neighborhoods, not city-wide. He asked whether Council would support having a National Night Out in each Council district. Council favored this suggestion. 5. Elected Officials’ Report(s) CM Hoppe congratulated Alli Scheck on her selection as Colorado Deputy City Manager of the Year. CM Dozeman asked for everyone to continue to support Officer Allan Fisher as he recovers from a knife attack while on duty. There are two ribbon cuttings this week: • April 21 at 5:30 pm at American Home Mortgage • April 22 at 10:30 am at Cosmos in Golds Marketplace. CM Hultin thanked us for not bringing plastic water to our meetings. She bought a tree at last Saturday’s tree sale, which was very successful. The 35th Avenue bike lane comment is online, so please, comment. On Saturday evening the WR PD will hold an open house in Council Chambers. CM Weaver thanked everyone for including her and CM Stites online tonight. The Mayor thanked everyone for a productive meeting, and encouraged us to drive, cycle and walk carefully to protect one another. ADJOURNMENT The Study Session adjourned at 10:11 p.m. APPROVED BY CITY COUNCIL ON June 13, 2022. Steve Kirkpatrick, City Clerk Rachel Hultin, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING May 9, 2022 Note: This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Judy Hutchinson Scott Ohm Rachel Hultin Janeece Hoppe Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also, present: City Manager, Patrick Goff; City Attorney Gerald Dahl; Community Development Director, Ken Johnstone; City Treasurer, Chris Miller; Police Chief, Chris Murtha; Director of Parks and Recreation, Karen O’Donnell; Project Manager Lauren Mikulak; Assistant to the City Manager, Marianne Schilling; Deputy City Clerk, Robin Eaton, other staff, guests and interested citizens. APPROVAL OF MINUTES With minor changes, the Study Session Notes of May 2, 2022 were approved, Without objection or correction, the City Council Minutes of April 25, 2022, were approved as published. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced PROCLAMATIONS AND CEREMONIES This item began at 7:02 PM. National Police Week and National Peace Officers Memorial Day Mayor Starker read the Proclamation in support of National Police Week (May 15-21, 2022) and National Peace Officers Memorial Day (May 15, 2022) where he asked Sergeant Steven Brooks and Detective Jose Van Veen to join him and accept them. City Council Minutes May 9, 2022 page 2 He called upon all those living and working in Wheat Ridge, and upon all of our community’s patriotic, civil and educational organizations, to observe them. Mayor Starker recognized Police Officer Alan Fischer who survived a serious attack while on- duty on March 13, 2022. It is important that everyone know and understand the problems, duties, and responsibilities of our police department, and that our local law enforcement agency recognizes their duty to serve our community by safeguarding life and property, by providing protection against violence and disorder, and by shielding the innocent against deception, and the weak against oppression or intimidation. Sergeant Brooks thanked everyone for the showing of support and said that it’s an honor to accept them. National Mental Health Month – May 2022 Mayor Starker invited a special guest up to the podium and by proclamation, declared May as National Mental Health month. Where the City of Wheat Ridge is dedicated to improving the health and wellbeing of its residents by ending stigma and focusing on the integrated role of mental health in all our lives. David Goff, CFO for Jefferson Center for Mental Health accepted the proclamation and thanked the City of Wheat Ridge for recognizing May as mental health month. With a great presence in the city, they are really proud to be part of the community. National Public Works Week Mayor Starker and Mayor Pro-Tem Hultin read the proclamation for National Public Works Week where the public works services provided in our community are an integral part of our resident’s everyday lives and the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as streets and highways, traffic signals and signs, lighting, bridges, storm sewers, drainage, and fleet. Ron Clem accepted the proclamation on behalf of the men and women of the City of Wheat Ridge Public Works Department, and he thanked everyone for the recognition. National Building Safety Month Mayor Pro-Tem Hultin read the proclamation for the National Building Safety Month where in May 2022 it will be recognized that our growth and strength depend on the safety and economic value of the homes, buildings and infrastructure that serve our citizens, both in everyday life and in times of natural disaster. Cornelia Orzescu accepted the proclamation and thanked everyone for the honor. Chief Murtha introduce the new WRPD Public Information Officer, Joanna Small. He relayed some of her attributes in getting the job with the police department, one of them City Council Minutes May 9, 2022 page 3 being a former Colorado resident. Ms. Small spoke on items including her background as a multi-media journalist and other skills. Councilor Weaver introduced Ivy Price who is from a Phoenix area school and doing her 8th grade class project. PUBLIC’S RIGHT TO SPEAK None came to speak Note about Wheat Ridge Speaks: Members of the Public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). I ask that our city council support this rezoning because: 1. This project sits on a underused commercial site. 2. The project wants to build units in the upper $300ks and obtainable housing is needed in our community for workforce and 1st time home buyers who want to live there NOT corporate investors. 3. Density has a benefit that we do not talk about: it is more efficient in terms of water use even when you are adding multiple units. As we are in the 24th year of the worst drought in 1200 years, this is a compelling reason to approve thoughtful density. 4. There are home buyers who do not want big yards and big houses. They want right sized homes and energy efficiencies. 5. Home ownership ought to be available to people who are in the work force with lower paying jobs. It will get increasingly harder for businesses to hire people, schools to hire teachers, etc. if all affordable housing is well outside the Denver Metro area. Our local economy is tied to making sure we have an inventory of housing at all price points, not just the $400k to $1 million range. And really it has become the $600K to $1 million. A 1 bedroom house 2 doors down from us sold two weeks ago for $625,000. The most important reason to approve projects like this and others? Thoughtful, energy and water efficient density adds more residents which means more tax dollars to support our city. That is how we fund our city services and staff. As you represent all of Wheat Ridge, I ask city council to make a decision that logically supports the future of Wheat Ridge. You must act for the future, not for the past when people's idea of family and home were very different than in 2022. May 9, 2022, 11:54 AM Morgan Richards 3255 Ames Street Wheat Ridge, 80212 CONSENT AGENDA There were no items tonight City Council Minutes May 9, 2022 page 4 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:25 PM 1. Council Bill No. 02-2022 - An Ordinance approving the rezoning of property located at 7585 W. 32nd Avenue from Restricted-Commercial (R-C) to Planned Residential Development (PRD) CM Hoppe introduced Council Bill No. 02-2022. Issue The applicant is requesting approval of a zone change from Restricted-Commercial (R- C) to Planned Residential Development (PRD) with approval of an Outline Development Plan (ODP) for the development of fourteen single-family attached homes at 7585 W. 32nd Avenue. The zone change is compatible with surrounding land uses, provides for housing options, and encourages improvement of the underutilized property. Legal protests were received from neighboring property owners on three sides. As a result of the legal protest, the zone change request will require a supermajority (6 votes or more) for approval. Mayor Starker opened the public hearing. Deputy City Clerk Eaton assigned Ordinance 1732 Staff Presentation Stephanie Stevens, a senior city planner spoke to the council on the issue. The Planning Commission reviewed this request at a public hearing held on March 17, 2022, and recommended approval by a vote of 5 to 2. The staff report with the proposed ODP, and a copy of the Planning Commission minutes, were attached for reference and made a part of the public record. Ms. Stephens described the property as being located on the north side of W. 32nd Avenue, one lot east of Wadsworth Boulevard. W. 32nd Avenue is a minor arterial that runs east-west through the city; while Wadsworth Boulevard is a major arterial that runs north-south. At last count (in 2018) there were about 6,700 trips per day on 32nd Avenue in the location of the subject property. The property is zoned Restricted Commercial (R-C) and has been zoned this way since the City’s incorporation. Properties to the north, east, and south contain low density residential uses and are zoned Residential-One (R-1), Residential-Two (R-2), and Residential-One A (R-1A). Properties to the west are zoned Planned Commercial Development (PCD), R-C, Neighborhood Commercial (N-C), and Residential-Three (R- 3) and contain retail, office, and multifamily uses. Crown Hill Cemetery is located further to the southwest. City Council Minutes May 9, 2022 page 5 Adam Vahling and representatives of the applicant gave a brief presentations on their behalf, describing how the townhomes will best use the space for their residences, as it is currently vacant and unused. He thinks that the proposed rezoning will allow for more and better development of the property. The Mayor reviewed the procedures for public comments. Public Comment (Comments started at 7:41 pm) Comments were taken from multiple members of the public on both sides of the issue. Opposing the issue were Jill Brunke, Sandra Tolve, George Butkovich, Catherine Snyder, Bruce Johnson, Renee Bergstrom, Connie Lane, Chris and Elizabeth McCune, Annette Tenorio, and Christopher White. From Zoom format: Mika Strom Those opposed spoke to the following topics: Outdated traffic count, belief of improper hearing notice posting, high density buildings, non-compatible with existing homes in the area, not enough parking, overflow or cut- through drivers, lighting issues, not affordable, conflict with emergency services, sanitation and sewer systems, storm water retention, snow melt, among others. Comments in Support of the issue were from WR Speaks, Morgan Richards and in person was Nora Metz who is renting a room with family in WR and enjoys living in this vibrant community. While going to school and having student debt, she is having a hard time finding a good, affordable home in the city. Margie Robinson who supports more affordable housing in the city and wants to make WR a place where one can buy an affordable house. Mayor Starker closed the public comment at 8:34 pm Council Questions and comments Councilmembers asked several detailed questions about options for zoning this property, which staff and the applicant answered in detail. (Timestamp 1:34) CM Stites asked what the new townhomes will start selling for, if they will be deed restricted or can some someone who purchases the property then turn around and flip it. CM Hoppe asked where people are coming up with the normal property prices that are being spoken about. With the old listing being in the high $300k, where is that amount put at today. She wants diversity in the housing market so we can have diversity in the communities. City Council Minutes May 9, 2022 page 6 CM Dozeman addressed many citizens concerns as possible and was worried that it started out as 11 and then raised to 19 units which increased the density. She also asked staff why it was recommended for PRD rather than R-3 CM Hultin asked what is widely used as the definitions for medium and high-density and if the developer plans to have an HOA or a Metro district. CM Ohm wanted confirmation that these are not condos, yet townhomes which was confirmed. He then asked how tall a restricted commercial building was allowed to be, any considerations for a right in-right out drive, and if the power lines were going to be undergrounded. CM Nosler Beck inquired to know more about irrigation and drainage that would have potential impacts on other neighbors and where would snow be piled up. She also wanted to learn how and where the property was posted. CM Weaver confirmed that there were no posting on the property today. Mr. Dahl stated that standard rules apply if the staff affirms to making posting notices, those establish reasonable efforts and satisfies reasonable obligation for posting. Other questions and comments included • Does the bulk plane change for living spaces. • City charter allows for up to 21 units per acre. • Reconfiguring going to 14 units, what is the calculated square feet for living spaces. • What is the amount of visitor parking spaces. • Is there going to be any afterhours, shared parking with the business location. • Landscaping requirements for existing trees and proposed. • Project duration to build out • Where are the main entrances to the properties located at Mayor Starker closed the public hearing. Motion by CM Hoppe to approve Ordinance 02-2022, An ordinance approving the rezoning of property located at 7585 W. 32nd Avenue from Restricted-Commercial (R- C) to Planned Residential Development (PRD), on second reading, and that it takes effect 15 days after final publication, for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the criteria for review in Section 26-303.D of the Code of Laws. City Council Minutes May 9, 2022 page 7 Motion seconded by CM Hultin; discussion of the motion ensued. The Motion fails due to lack of the required super-majority, vote is 4-4 with CM Stites, Weaver, Dozeman, and Hutchinson voting no. As a matter of procedure, Mr. Dahl asks for a second motion to deny the application itself. Motion by CM Weaver to deny Council Bill No. 02-2022, an ordinance approving the rezoning of property located at 7585 W. 32nd Avenue from Restricted-Commercial (R-C) to Planned Residential Development (PRD), for the reasons expressed by the councilmembers voting against the project on the previous vote and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting, seconded by CM Stites, discussion of the motion ensued. Motion to deny carries 5-4 with CM Nosler Beck, Ohm, Hultin and Hoppe voting no and Mayor Starker breaking the tie. A brief recess was call by Mayor Starker at 9:30 pm ORDINANCES ON FIRST READING 2. Council Bill No. 06-2022 – An Ordinance amending Article VIII of Chapter 26 of the Code of Laws to update the City’s floodplain maps and to make conforming amendments. CM Hutchinson introduced Council Bill 06-2022 at 9:40pm. Issue The floodplain maps for Jefferson County have been revised to include updates to the floodplain boundaries within three watersheds. The only watershed within the Wheat Ridge city limits is for a tributary to Sloan’s Lake. Adoption of the most current floodplain maps is required by the National Flood Insurance Program. In addition, staff is seeking to make other minor changes to the City’s floodplain regulations to add a couple of necessary definitions and clarify the adoption of the official floodplain maps. Motion by CM Hutchinson to approve Council Bill 06-2022- an ordinance amending Article VIII of Chapter 26 of the Code of Laws to update the City’s floodplain maps and to make conforming amendments on first reading, order it published, public hearing set for Monday, May 23, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it takes effect 15 days after final publication; seconded by CM Stites; motion carried 7-0. CM Weaver was excused for the rest of the meeting City Council Minutes May 9, 2022 page 8 3. Council Bill No. 08-2022 – An Ordinance adopting a new Article V of Chapter 15 of the Wheat Ridge Code of Laws concerning Chronic Nuisance Properties CM Stites introduced Council Bill 08-2022 at 9:45 pm. Issue On occasion, property owners or persons in charge of such properties, have failed to take corrective action to abate certain nuisance conditions on that property. Chronic nuisance properties have a tremendous negative impact upon the quality of life, safety and health of the neighborhoods where they are located. This ordinance will adopt a new Article V of Chapter 15 of the Wheat Ridge Code of Laws to provide additional tools for the Police Department to address chronic nuisance properties Motion by CM Stites to approve Council Bill 08-2022 - an ordinance adopting a new Article V of Chapter 15 of the Wheat Ridge Code of Laws concerning Chronic Nuisance Properties on first reading, order it published, public hearing set for Monday, May 23, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it takes effect 15 days after final publication; seconded by CM Ohm; motion carried 7-0. 4. Council Bill No. 07-2022 – An Ordinance adopting a new Article V in Chapter 13 of the Wheat Ridge Code of Laws concerning vehicular public nuisances. CM Stites introduced Council Bill 07-2022 at 9:46pm. Issue Illegal street racing is a dangerous activity which poses a threat to those citizens using both public and private roadways. Negative impacts of street racing include excessive noise at late hours, taking over of public property, dangerous stunts, and road racing that endangers the public as well as participants and on-lookers. The Wheat Ridge community has a low tolerance for this behavior. This proposed ordinance will create more tools for Law Enforcement to deter street racing. Motion by CM Stites to approve Council Bill 07-2022 - an ordinance adopting a new Article V in Chapter 13 of the Wheat Ridge Code of Laws concerning vehicular public nuisances on first reading, order it published, public hearing set for Monday, May 23, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it takes effect 15 days after final publication; seconded by CM Hutchinson ; motion carried 7-0. DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 9 :47 PM City Council Minutes May 9, 2022 page 9 5. Motion to approve appointment of representatives to the 2023 Community Partners Grant Program Committee CM Nosler Beck introduced the Motion at 9:48pm. Motion by CM Nosler Beck to approve Jerry DiTullio and Brooke Allison to the 2023 Community Partners Grant Program Committee, District I, term to expire after 2024 budget recommendations are presented in 2023, seconded by CM Hoppe, motion carried 7-0. 6. Motion to approve appointments to vacancies on Boards and Commissions Introduced by Mayor Starker at 9:50 PM Issue There are currently four vacancies on various Boards and Commissions within the City of Wheat Ridge. Council questions and Comments CM Hultin stated that she was unaware of the opening in District II for the Cultural Commission and asked for specifics on the matter. Motion by CM Hultin to appoint Stephanie Taylor to the Cultural Commission, District II, term to expire 3/2/23, seconded by CM Ohm, motion passed 7-0. CM Hoppe stated that as there were no applicants from District I and the only applicant is from District II and as the Liquor authority board has recently had out of district changes on the board, she would like to re-open the position for applicants from inside of District I. Motion by CM Hoppe to re-open the advertising of the vacant seat in District I for the Liquor License Authority Board, seconded by CM Hutchinson, motion carried 7-0 Motion by CM Dozeman to appoint Andrew Rasmussen to the Parks & Recreation Commission, vacancy in District IV, term to expire 3/2/23, seconded by CM Nosler Beck, motion carried 7-0 7. Resolution No. 23-2022 - A Resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $20,000 for the purpose of accepting a donation from Intermountain Healthcare for the City of Wheat Ridge and Jefferson County Homeless Navigation Programs. CM Ohm introduced Resolution 23-2022 at 9:55 pm. Issue City Council Minutes May 9, 2022 page 10 Intermountain Healthcare has provided a $20,000 donation to the City of Wheat Ridge. The purpose of this donation is to support the City of Wheat Ridge and the Jefferson County Homeless Navigation Programs in assisting those experiencing a housing crisis find stable housing and obtain the services and resources needed to maintain that housing. This resolution is to approve a supplemental budget appropriation in the amount of $20,000 to accept the donation and appropriate the funding. Staff Presentation City Manager Patrick Goff and Assistant to the City Manager Marianne Schilling stood by to answer any questions from council. Mayor Starker reviewed the procedures for public comment where no citizens appeared in chambers to address this issue Public Comment No one came forward to speak. Council Questions There were none tonight Motion by CM Ohm to approve Resolution No. 23-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $20,000 for the purpose of accepting a donation from Intermountain Healthcare for the City of Wheat Ridge and Jefferson County Homeless Navigation Programs, seconded by CM Stites, motion carried 7-0. CITY MANAGER’S MATTERS Mr. Goff reminded Mayor and Council that the Leadership Jeffco Local Government day is this Friday and that all are invited to attend at the Lakewood Cultural Center, starting at 11:30. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS CM Hutchinson spoke about the new National Nurses Month of May where the persons give 150 percent to their profession and would like to add the month of May for recognition along with all of the others. CM Nosler Beck stated there have been recent homeowner contacts from people who live by the light rail station that have reached out with problems receiving their mail and is wondering what we can do to help them. Mr. Goff asked for their contact information so that the issue can be looked into further. City Council Minutes May 9, 2022 page 11 CM Stites reported that there is a great business coming to District III with a ribbon coming up for Mikes Camera at the Applewood Shopping center. CM Ohm wanted to say thanks to Jim at DBC irrigation off of Youngfield , who provided excellent customer service. CM Hultin spoke about the construction on Wadsworth where she feels it is going pretty smooth with great communication and advises everyone to be patient and give it a little more time through the area. She also asked that everyone to please do not short cut through residential areas. Other items included the upcoming planning for the west 35th avenue walking and biking project and it’s still open on-line survey. Plus the WR ad ats are seeking volunteers to do some bike and pedestrian counting, so please join and get to know your community. Mayor Starker recognized a long time WR resident Ralph Manzonelli who among other positions held, was a previous city councilor where the Mayor appreciated all of the service he gave to his community and wished to send his condolences. The Mayor also thanked everyone who came and spoke tonight on this issues that are of concern to them as it’s important for the public to express their opinions directly to the lawmakers on council. He reminded everyone that with the good weather there are kids riding and playing along the streets and wishes everyone to please slow down and drive carefully to make sure that we all continue to have a great, safe place to live, work and play in our community. ADJOURNMENT The meeting adjourned at 10:04 pm _____________________________ Robin Eaton, Deputy City Clerk APPROVED BY CITY COUNCIL ON June 13, 2022 ______________________________ Rachel Hultin, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e., they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting May 16, 2022 Mayor Bud Starker called the Study Session to order at 6:32 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members (eight) of Council were present in Council Chambers for this session. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. Mayor Starker explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present Scott Ohm, Amanda Weaver, Judy Hutchinson, Korey Stites, Valerie Nosler Beck, Janeece Hoppe, Leah Dozeman, and Rachel Hultin. Also present: City Manager Patrick Goff; Chief of Police, Chris Murtha; Assistant to the City Manager, Marianne Schilling; Director of Parks and Recreation, Karen O’Donnell; Director of Community Development, Ken Johnstone; Planning Manager, Lauren Mikulak; Deputy City Clerk, Robin Eaton, interested citizens and guests. Public’s Right to Speak Ihor Figlus came forward stating he was glad that city council was finally getting around reviewing the bulk plane. He wanted to add to the review that the bulk plane not only looks at the sides of the building but also the back. He also asked that the plane measured from the original grade of the property and to add proper wording in the order. Note about Wheat Ridge Speaks: Members of the public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for the public to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item. No comments appeared in Wheat Ridge Speaks for this session of Council. 1. Preferred Concept Designs for the “Green” on 38th Avenue Discussion of this item began at approximately 6:37 pm. Issue The 38th Avenue Streetscape project has been a priority for City Council for over a decade. While the redevelopment of the Green does not directly implement that priority, it is a logical first step in extending streetscape improvements from the West 38 mixed-use project and creating a public gathering space on the City’s main street and in the heart of downtown. A consensus was reached by City Council in 2018 to engage a designer to develop conceptual designs for the Green. Architerra Group was hired by the City in August 2018. A comprehensive community engagement process (see Attachments 1-3) was completed since that time to obtain feedback from key stakeholders and the public. Based on that feedback, Architerra Group has created two preferred design options which they will present to City Council at the April 18, 2022, study session for further discussion and direction. Staff Reports City Manager Patrick Goff briefly reviewed the history of design and use planning for the various concepts for developing the Green, with Mark Taylor from the Architerra Group, who spoke on a myriad of topics relevant to this item. Those guiding principles included: • Vitality • Appeal Where Architerra developed multiple options and those were presented to focus groups of interested stakeholders, including various school district representatives, Stevens Elementary parents, LocalWorks and 38th Avenue businesses. Some of the designs maintained the current footprint of the Green, while others altered that orientation such that it would occupy the entire frontage along 38th Avenue and relocate the school’s parking and student drop-off area to be a buffer between 38th Avenue, the Green, and the school. Councilmembers had questions and comments: Councilmembers had many comments and asked detailed questions about several topics, engaging in discussion among themselves and with staff, who answered their questions in detail: • Thanked the staff and the consultants for their report and more so for their hard work. • CM asked numerous, detailed questions of the Architerra Group representative, who responded in kind to their designs, summaries, and public outreach. • Loves the water feature but thinks the playground is better for year-round use • Likes option A in round two but wants to save the existing trees. • Wants landscape materials to use more drought friendly landscaping. • WR needs a community gathering space. • Likes the water feature, even though it a drought concern and is not a responsible usage. • Would hate to lose the firepit where there are those people without kids who would like to use it. • Likes the stage that faces 38h Ave. • Questioning the chairs if they would be permanent or movable as well as the backless wall seats and graveled areas. • What is Jeffco adding to the design build and is anyone applying for grants? • Likes the classic promenade and wants a safely done fire pit along with a really well shaded game area. • Proposing a 50-year lease to the city to manage and maintain the park. • Emphasized the importance of a communication strategy to inform our residents about what we are, and are not, trying to achieve CM Hultin asked for consensus to move forward to 90 percent plan for the Green and using the feedback that been provided tonight. Consensus attained. 2. Residential Bulk Plane Discussion of this item began at approximately 7:48 pm Issue In 2016, the City Council adopted Ordinance 1613, which included new zoning regulations in Chapter 26 of the code pertaining to bulk plane. Currently, bulk plane applies only to detached single-unit dwelling in the R-1C and R-3 zone districts. During the 2021 City Council strategic planning session, the potential to adopt such regulations in all residential zoning districts was identified as a priority. The topic was discussed by Council in May 2021, but there was a lack of consensus on how to proceed. The purpose of the May 16, 2022, study session is to discuss bulk plane again and seek direction on a potential ordinance. This memo contains background information as well as new content related to zoning analysis and public input. Staff Reports Director of Community Development, Ken Johnstone and Lauren Mikulak, Planning Manager, spoke on the issue including prior action of the 2016 when city council adopted the current bulk plane ordinance and its study sessions prior to that. These included public hearings, public feedback, study sessions, along with other proposed regulations, definitions, current zone districts and code sections. Noted also that the current bulk plane regulation does apply to all sides of the property, including the rear setbacks, where some heights force the use of peak roofs instead of flat roofing techniques. Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, engaging in discussion among themselves and with staff, who answered their questions in detail: • All members thanked staff for their presentation, their excellent preparation and well-conceived groundwork. • Does the bulk plane apply to all residential districts such as mixed-use neighborhoods that include townhomes? • With grading issues how is it measured and how do different grade points work with the bulk plane. • Supportive of the issue to take it to all residential areas as it gives people more faith in the process • Maintaining unique neighborhood characteristics and that it covers all residential districts which was agreed upon by all councilmembers. • There are many people, including those who live in west Wheat Ridge, that want to see this be approved as well. • Questions were asked on how extensive the issue was and to find out how many concerns there have been with bulk plane outside of the areas that are currently covered by it. CM Hultin proposed a consensus to direct staff to move forward with the recommendation to apply bulk plane city-wide in all 8 R-series zone districts. Consensus attained. A break was called at 8:11 3. 44th Ave. Subarea Plan Update Discussion of this item began at approximately 8:20 pm Issue The purpose of this study session is to provide City Council with an update on the W. 44th Avenue subarea planning process, public engagement and preliminary findings from the existing conditions scan completed thus far. Staff Reports Stephanie Stevens, Senior Planner, spoke briefly on the issue including prior action from 2019 where City Council awarded a contract to MIG, Inc., a professional planning firm, to lead the community through the subarea planning process. This effort was put on hold due to the pandemic and need to prioritize the Lutheran Master Plan. Where now the City of Wheat Ridge and consultant team, MIG Inc. with Mark De la Torre and Jay Rankins (on Zoom), described how they restarted the W. 44th Avenue Subarea Plan in early 2022, and how it will proceed throughout the year. The plan with outreach strategies, will focus on W. 44th Avenue between Youngfield Street and Clear Creek (near Field Street) and will more broadly include the portion of the City between Clear Creek and I-70. The plan will combine public input with technical analysis to establish a long-range vision and guiding principles for the W. 44th Avenue planning area which will guide public and private investments in the future. Some trends are emerging around the following ideas: • Improving intersections and addressing multimodal transportation connections which has been at the forefront of the conversation. • Creating a balanced development strategy that honors diverging viewpoints around change (feedback shows 50/50 split for desiring big change vs. no change); and • Promoting increased investment in a variety of forms, including beautification along the street and on private properties, investment in commercial properties and nodes, and establishment of complementary land uses not currently present on the corridor. (Timestamp 8:40) Councilmembers had questions and comments: Staff, the members from MIG Inc. and CM engaged in a detailed discussion of the presentation. CM raised questions about what other methods of engagement the City might use, including mobility connections, especially with the school zones in the area. CM Hultin thanked staff for their presentation, their excellent preparation and groundwork. Nothing in the presentation was a surprise, with everyone wanting safe corridors for traffic and pedestrians. There are lots of opportunities for re-investments and creative opportunities. CM Dozeman looks forward to what comes out of the process, especially for diverse usages of the corridor. CM Nosler Beck also discussed people missing the rec center engagement from the eastern part of WR accessing Anderson park. The bridge is getting fixed and encouraged them to participate in the project. Talking points from members included: • Bike lanes • Safe crossings • Controlling traffic • The bridge on 44th to Anderson park Staff Report(s) Nothing Tonight 4. Elected Officials’ Report(s) CM Nosler Beck wanted to give a shout out to volunteer coaches throughout the Parks and Recreation teams. There are lots of parents and grandparents investing their time and commitment to help teach kids in all types of sports. CM Hultin spoke on the eclipse last night where many folks gathered with her in the church parking lot. Her heart was made happy by seeing city staff putting in flowers along 38th avenue and cleaning up the gutters It looked really great to see that kind of pride going into our community. CM Stites and CM Nosler Beck met with community members recently, who are putting together a group to help local school budgeting and marketing programs. The new group is called Wheat Ridge Community and Family Coalition. They hope to get more volunteers to help strengthen the group by getting the names of the schools out there and asked for volunteers. CM Dozeman stated that the Carnation Festival is now accepting nominations for royalty where three members of the community who have made an impact can be recognized during the Festival, starting on August 13. The annual plate design contest is opening up soon, to be reviewed by the cultural commission and they are looking for artwork to be submitted. CM Hutchinson remarked how the Wendy’s on Wadsworth is now boarded up. It’s a surprise to everyone as there were no notices given. CM Ohm was biking on the clear creek trail and noticed there were a lot of kids at Prospect park. It has partially re-opened with limited access and hopes that all can get out and enjoy the parks. The Mayor thanked everyone for a productive meeting, he thanked everyone for joining and encouraged us to drive safely. ADJOURNMENT The Study Session adjourned at 8:57 p.m. APPROVED BY CITY COUNCIL ON June 13, 2022. Robin Eaton, Deputy City Clerk Rachel Hultin, Mayor Pro Tem PROCLAMATION JUNETEENTH JUNE 19, 2022 WHEREAS, this nation was founded on the principle stated in the Declaration of Independence that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” but in which people who were Black were held in slavery; and WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation on January 1, 1863, which states that all persons held as slaves within a state or designated part of a state “shall be then, thenceforward, forever free,” changing the legal status of 3.5 million enslaved people who were Black from slave to free; and WHEREAS, the Emancipation Proclamation paved the way for the 13th Amendment to the Constitution of the United States, which formally abolished slavery in the United States of America; and WHEREAS, news of the Emancipation Proclamation did not reach the most distant slave states until federal troops arrived in Galveston, Texas on June 19, 1865, to take control of the state and ensure that all enslaved people be freed; and WHEREAS, the day of respect and remembrance called “Juneteenth,” a combination of the words “June” and “nineteenth”, is observed as an important day in our nation’s history; and WHEREAS, Juneteenth, also known as Freedom Day, Jubilee Day and Cel-Liberation Day, is a federal holiday celebrated on June 19; and WHEREAS, Juneteenth commemorates African American freedom and serves as a reminder of the inequities faced by Black people throughout our nation’s history. NOW, THEREFORE, I, Mayor Bud Starker, call upon the City of Wheat Ridge, to join us in recognizing June 19, 2022 as JUNETEENTH 2022 and urge all community members to work together to advance the principles of equal rights, justice, and opportunity for all regardless of race, gender, age, religion, ability, sexual orientation, or gender identity and expression. IN WITNESS THEREOF on this 13th day of June 2022. ______________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk ITEM NO: 1a DATE: June 13, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD THE 2022 STREET RESURFACING BID SCHEDULES 1 THROUGH 7 TO MARTIN MARIETTA MATERIALS, LAKEWOOD, CO, IN THE AMOUNT OF $1,851,702.51, WITH A CONTINGENCY AMOUNT OF $277,755.32 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Manager ISSUE: Annual street resurfacing is conducted to provide needed maintenance treatments to a number of selected streets by priority in accordance with the citywide maintenance plan. Resurfacing is intended to extend the life of pavement on streets that are structurally sound. For the 2022 project, Youngfield Street from 32nd to 44th Avenue, Harlan Street from 32nd Avenue to 44th Avenue, Oak Street north of 26th to Twilight Drive and 43rd Drive west of 44th Avenue. Street resurfacing is the first of a three preventive maintenance projects that the City will implement this year. Bids were opened on April 19, 2022, and three came in lower and one higher than the engineer’s estimate. As a result, Staff is recommending that the lowest responsive bidder, Martin Marietta Materials, be awarded a contract for the bid schedules one through seven in the amount of $1,851,702.51. PRIOR ACTION: None Council Action – 2022 Street Resurfacing June 13, 2022 Page 2 FINANCIAL IMPACT: Funding for this project has been approved in the 2022 CIP Budget in budget line item 30-303-800-852 and budget line item 30-303-800-884. BACKGROUND: Bids for the 2022 Street Resurfacing Project were opened on April 19, 2022. All four bids received met the initial bid requirements with three bids below and one above the engineer’s estimate. The low bidder was Martin Marietta Materials, Westminster, CO, with a total bid amount of $1,851,702.51. Award is based on the lowest responsive and responsible bid that meets all of the bid requirements, is qualified to perform the work, and is within available budget. The 2022 Street Resurfacing Project is comprised of the following: 1. Bid Schedule 1 and 2 is for Youngfield Street from 32nd Avenue to 44th Avenue 2. Bid schedule 3 through 5 is for Harlan Street from 32nd Avenue to 44th Avenue. Bid schedule 5 is for the bike lane pavement markings from 32nd Avenue to 38th Avenue 3. Bid schedule 6 is for 43rd Avenue west of 44th Avenue and I-70 4. Bid schedule 7 is for Oak Street, 26th Avenue to Twilight Drive Bid Ranges: $2,270,651.45 to $1,851,702.51 Engineer’s Estimate: $2,001,309.91 RECOMMENDATIONS: Based upon the contractor’s low bid and demonstrated capabilities and performance on referenced projects, and available budget, Staff recommends that a contract be awarded to Martin Marietta Materials. The City reserves the option to extend the term of the contract for up to 2 additional 1-year periods, 2023 and 2024 RECOMMENDED MOTION: “I move to award the 2022 Street Resurfacing Bid and approve subsequent payments to Martin Marietta Materials of Lakewood, Colorado in the amount of $1,851,702.51, with a contingency amount of $277,755.32 for a total not to exceed amount of $2,129,457.83” Or, “I move to deny award of the 2022 Street Resurfacing Bid to Martin Marietta Materials of Lakewood, Colorado for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Whitney Mugford-Smith, Procurement Manager Patrick Goff, City Manager ATTACHMENTS: 1. Bid Tab Sheet ATTACHMENT 1 ITEM NO: 1b DATE: June 13, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 28-2022 – A RESOLUTION AUTHORIZING ACCEPTANCE OF THE COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT WITH THE COUNTIES OF CLEAR CREEK, GILPIN, AND JEFFERSON, AND OTHER PARTICIPATING LOCAL GOVERNMENTS WITHIN THOSE COUNTIES FOR THE ESTABLISHMENT OF THE REGION 10 REGIONAL COUNCIL PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Attorney City Manager ISSUE: This resolution authorizes the Mayor to sign the Colorado Regional Opioid Intergovernmental Agreement ("IGA"). The IGA is between the three Region 10 counties, and seventeen participating local governments, including the City of Wheat Ridge, located in each of the three Region 10 counties. The IGA details the procedures to establish a Regional Council for Region 10, designates Jefferson County as Region 10's fiscal agent, and establishes that the participating local governments intend to request and administer opioid settlement funds in a manner consistent with the Colorado Opioids Settlement Memorandum of Understanding (MOU) signed by the Mayor on November 8, 2021. PRIOR ACTION: City Council approved the Colorado Opioids Settlement MOU on November 8, 2021. CAF – Opioid Settlement IGA June 13, 2022 Page 2 FINANCIAL IMPACT: The potential funding that could be awarded to the City of Wheat Ridge if up to 95% of Colorado local governments support the MOU and Intergovernmental Agreement associated with the settlement conditions negotiated with the defendants described herein is estimated at $250,000. These funds would be allocated over a period of 18 years. There may be additional payouts as other pharma and distribution companies join the current settlement in order to avoid litigation. These funds could be used, as an example, to help support homeless services, mental health programs, addiction therapy, or other programs addressing the impacts of the opioid epidemic, either directly provided by the City or as part of a comprehensive and coordinated regional effort. BACKGROUND: In September of 2021, opioid manufacturers and distributors agreed to settle claims and litigation with 42 states in association with the adverse impact of the opioid crisis. Colorado was among the 42 states agreeing to settle. Approximately $26 billion will be allocated through the settlement, with $10.7 billion allocated to local governments within the participating states ("Opioid Settlement Funds"). The Colorado Attorney General's Office and regional elected representatives developed a collaborative process to distribute the Opioid Settlement Funds. The process is established in the Colorado Opioids Settlement Memorandum of Understanding ("MOU") signed by the Mayor on November 8, 2021. Under the process and pursuant to the MOU, local governments participating in the Opioid Settlement Funds are grouped into regions with governing boards composed of elected officials appointed from cities and counties within the regions. Jefferson County, Gilpin County, and Clear Creek County are grouped into Region 10. Each participating local government within each Region 10 county, including the City of Wheat Ridge, will appoint a member to govern the distribution of Opioid Settlement Funds. The attached Colorado Regional Opioid Intergovernmental Agreement ("IGA") represents a collaborative effort between the Region 10 counties and the Region 10 participating local governments to establish Region 10's Regional Council to oversee the request and allocation of Opioid Settlement Funds. The IGA is the next step in the process for the City to receive the allocation of Opioid Settlement Funds. RECOMMENDATIONS: Staff recommends approval of this resolution. RECOMMENDED MOTION: “I move to approve Resolution No. 28-2022, a resolution authorizing acceptance of the Colorado Regional Opioid Intergovernmental Agreement with the counties of Clear Creek, Gilpin, and Jefferson, and other participating local governments within those counties for the establishment of the Region 10 Regional Council.” Or, CAF – Opioid Settlement IGA June 13, 2022 Page 3 “I move to postpone indefinitely Resolution No. 28-2022, a resolution authorizing acceptance of the Colorado Regional Opioid Intergovernmental Agreement with the counties of Clear Creek, Gilpin, and Jefferson, and other participating local governments within those counties for the establishment of the Region 10 Regional Council for the following reason(s) ________________________________________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager Jerry Dahl, City Attorney ATTACHMENTS: 1. Resolution No. 28-2022 2. Exhibit 1 – Regional Opioid IGA 3. Exhibit A – Regional Opioid Bylaws CITY OF WHEAT RIDGE RESOLUTION NO. 28 Series of 2022 TITLE: A RESOLUTION AUTHORIZING ACCEPTANCE OF THE COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT WITH THE COUNTIES OF CLEAR CREEK, GILPIN, AND JEFFERSON, AND OTHER PARTICIPATING LOCAL GOVERNMENTS WITHIN THOSE COUNTIES FOR THE ESTABLISHMENT OF THE REGION 10 REGIONAL COUNCIL WHEREAS, the City Council of the City of Wheat Ridge, along with various other Colorado local governments and the state of Colorado, are party “Plaintiffs” in federal litigation against various pharmaceutical manufacturers and distributors (party “Defendants”) regarding the national opioid crisis; and WHEREAS, the Plaintiffs to the litigation in the state of Colorado anticipate one or more settlements with some of the Defendants in the federal litigation; and WHEREAS, in anticipation of one or more settlements, the state of Colorado and various local governments executed the Colorado Opioids Settlement Memorandum of Understanding on August 26, 2021, governing the allocation, distribution and expenditure of any settlement proceeds paid in connection with the opioid litigation; and WHEREAS, on November 8, 2021, the City Council approved said Colorado Opioids Settlement Memorandum of Understanding; and WHEREAS, an Intergovernmental Agreement (“IGA”) is now being distributed among participating local governments, identified as “Region 10” in the 2021 Colorado MOU, which pertains to the procedures for the local governments to establish a Regional Council, designate a fiscal agent, and request and administer Opioid Funds in a manner consistent with the 2021 Colorado MOU; and WHEREAS, the City Council of the City of Wheat Ridge believes it to be in the best interest of the City to approve the IGA, which will allow settlement proceeds to be allocated to Wheat Ridge and its local neighbors for services, programs and other approved purposes in the 2021 Colorado MOU. NOW THEREFORE BET IT RESOLVED, by the Wheat Ridge City Council: Section 1. The City hereby formally adopts and approves the Colorado Regional Opioid Intergovernmental Agreement (IGA), attached hereto as Exhibit 1, and by such approval, the City of Wheat Ridge shall become party to such IGA. Section 2. The City Council authorizes the Mayor to execute any documents necessary to formalize such approval, and authorizes any non-substantive amendments to the attached agreement, if approved by the City Attorney. ATTACHMENT 1 Section 3. Effective date. This Resolution shall be effective upon passage. DONE AND RESOLVED this _____ day of ____________, 2022 ____________________________ Bud Starker, Mayor ATTEST: ______________________________ Stephen Kirkpatrick, City Clerk 1 COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT (Region 10 - Clear Creek County, Gilpin County and Jefferson County) THIS COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is dated _________________, 2022 (the “Effective Date”) and is by and between the County of Jefferson, State of Colorado (“Jefferson County”), County of Clear Creek, State of Colorado (“Clear Creek County”), County of Gilpin, State of Colorado (“Gilpin County”), City of Arvada, City of Black Hawk, Town of Bow Mar, City of Central City, City of Edgewater, Town of Empire, Town of Georgetown, City of Golden, City of Idaho Springs, City of Lakewood, City of Littleton, Town of Morrison, Town of Mountain View, Town of Silver Plume, Town of Superior, City of Westminster, and City of Wheatridge, each individually herein a “Party” and collectively the “Parties” of the “Participating Local Governments.” RECITALS A. Communities throughout the state of Colorado are suffering from the epidemic of opioid addiction; this epidemic has not only affected individuals and families across the state, but it has also burdened the local and state governments charged with providing the services needed to address the wave of addiction. B. Local and state governments across the nation, including in Colorado, have filed lawsuits against opioid manufacturers, distributors, and pharmacies for creating the opioid epidemic. C. The State of Colorado and numerous local governments within the State of Colorado, each a “Participating Local Government,” executed the Colorado Opioids Summary Memorandum of Understanding in 2021 (the “Colorado MOU”), establishing the manner in which Opioid Funds shall be divided and distributed within the State of Colorado as settlements of the nationwide lawsuits are completed. D. This Agreement assumes and incorporates the definitions and provisions contained in the Colorado MOU, and the Agreement shall be construed in conformity with the Colorado MOU, and all Opioid Funds, regardless of allocation, shall be used for Approved Purposes as identified in the Colorado MOU. E. In accordance with the Colorado MOU, Participating Local Governments shall organize themselves into “Regions,” as further depicted in Exhibit E to the Colorado MOU (the “Colorado Regions”). F. Clear Creek County, Gilpin County and Jefferson County constitute one of the regions established by the Colorado MOU (the “Region” or “Region 10”). G. Regions within the State of Colorado are eligible for a direct allocation of Opioid Funds through a Regional Share as detailed in the Colorado MOU. ATTACHMENT 2 Exhibit 1 2 H. The Colorado MOU also establishes the procedures by which each Colorado Region shall be entitled to Opioid Funds from the Abatement Council and administer its Regional Share allocation. I. The procedures established by the Colorado MOU include a requirement that each Region shall create its own Regional Council to manage the Opioid Funds. J. The undersigned Participating Local Governments desire to enter into this Agreement and to detail the procedures for the Parties to establish a Regional Council, designate a fiscal agent, and request and administer Opioid Funds in a manner consistent with the Colorado MOU. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties incorporate the recitals set forth above and agree as follows: 1. DEFINITIONS. The defined terms used in this Agreement shall have the same meanings as in the Colorado MOU. Capitalized terms used herein and not otherwise defined within the Agreement or in the Colorado MOU shall have the meanings ascribed to them in the body of this Agreement. 2. OBLIGATIONS OF THE PARTIES. The Parties shall perform their respective obligations as set forth in this Agreement, the Colorado MOU and the accompanying exhibits to the Colorado MOU which are incorporated herein by reference. Unless the context clearly requires a distinction between this Agreement and the Colorado MOU, all references to “Agreement” shall include the Colorado MOU. 3. TERM. The Agreement will commence on the effective date of the Colorado MOU which is anticipated to be on or about January 2, 2022, and shall expire on the date the last action is taken by the Region, consistent with the terms of the Colorado MOU and any Settlement. 4. REGIONAL COUNCIL. 4.1. Purpose. In accordance with the Colorado MOU, a Regional Council, consisting of representatives appointed by the Parties, shall be created to oversee the procedures by which a Region may request Opioid Funds from the Abatement Council and the procedures by which the allocation of its Region’s Share of Opioid Funds is administered. The purpose of this Agreement is to establish the Regional Council for Region 10 and to detail the Agreement of the Parties surrounding its operation. A local government that chooses not to become a Participating Local Government in the Colorado MOU shall not receive any Opioid Funds from the Regional Share or participate in the Regional Council. 4.2. Duties. The Regional Council is primarily responsible for engaging with the Abatement Council on behalf of Region 10 and following the procedures outlined in the 3 Colorado MOU for requesting Opioid Funds from the Regional Share, which shall include developing two-year plans, amending those plans as appropriate, and providing the Abatement Council with data through its fiscal agent regarding Opioid Fund expenditures. Upon request from the Abatement Council, the Regional Council may also be subject to an accounting from the Abatement Council. 4.3. Membership. The Parties agree that the Region 10 Regional Council shall consist of three (3) County Members, three (3) rotating City Members, three (3) public health representatives, three (3) human service department representatives, three (3) law enforcement representative and one (1) court system representative along with the non-voting members all as more particularly described below shall be referred to herein as the “Regional Council Members” or “Regional Council.” Note: All voting members of the Regional Council MUST be an employee of one of the Participating Local Governments as set forth in the Colorado MOU or governmental representatives or elected officials as set forth in the Colorado Attorney General’s Interpretation of Section F5(a) of the Colorado Opioids Settlement Memorandum of Understanding dated January 18, 2022, or such other interpretations as may be issued by the Colorado Attorney General’s Office from time to time. The Parties may interpret this Agreement such that it is consistent with opinions or positions of the Office of the Colorado Attorney General without revisions to the Agreement. 4.3.1. County Voting Members. 4.3.1.1. County Voting Member Designation. Each of the three counties in the Region, Clear Creek County, Gilpin County and Jefferson County, shall appoint one (1) County Voting Member to the Regional Council (collectively, the “County Members” or the “County Voting Members”). The County Voting Member for each county may be a current elected County Commissioner or a senior member of staff with decision making authority for such Participating Local Government at such Parties’ discretion, and be qualified, willing, and able to assume and perform the duties and responsibilities required of the appointment. Each county shall provide written notice of the name and contact information of its appointment to the Regional Fiscal Agent as described below. 4.3.1.2. Alternate County Voting Member. Each county shall be entitled to appoint one alternate representative to serve on the Regional Council in the absence of the designated County Voting Member described above (the “Alternate County Voting Member”). 4.3.1.3. County Voting Member Term. There shall be no restriction on the term of a County Voting Member or Alternate County Voting Member. Each county shall appoint such County Voting Member and Alternate County Voting Member as such jurisdiction sees fit who shall serve until a successor is duly appointed as established by such county’s policies and procedures. Any changes in the County Voting Member or 4 Alternate County Voting Member shall be communicated promptly to the Regional Fiscal Agent. 4.3.1.4. County Voting Member Removal. A county may, in its sole discretion, remove its appointed County Voting Member or Alternate County Voting Member from the Regional Council at any time and appoint a successor thereto by providing written notice to the Regional Fiscal Agent. 4.3.2. City Voting Members. 4.3.2.1. City Voting Member Designation. Each of the three counties in the Region, Clear Creek County, Gilpin County and Jefferson County, shall appoint one (1) city, town or municipality voting member to the Regional Council (collectively, the “City Voting Members”) from among the cities, towns or municipalities that are Participating Local Governments within each jurisdiction. The City Voting Member for each jurisdiction may be an elected official, city/town manager or a senior member of city/town staff with decision making authority for such Participating Local Government, and be qualified, willing, and able to assume and perform the duties and responsibilities required of the appointment. Each county shall provide written notice of the name and contact information of its appointment to the Regional Fiscal Agent as described below. 4.3.2.2. Alternate City Voting Member. Each of the three counties in the Region, Clear Creek County, Gilpin County and Jefferson County, shall also appoint one alternate representative to serve on the Regional Council in the absence of the designated City Voting Member described above (the “Alternate City Voting Member”). For simplicity with the rotating the City Voting Members, the parties should select an Alternate City Voting Member from the same Participating Local Government as the City Voting Member; provided however, the Alternate City Voting Member does not have to be from the same Participating Local Government. 4.3.2.3. City Voting Member Term. Any City Voting Member shall serve a term of two (2) years from the date of appointment. It is the intent of the Parties that the City Voting Members shall be a rotating member and a new city, town or municipality within each county shall be designated every two years; however, if no city, town or municipality member of the Participating Local Governments volunteers or desires to be on the Regional Council, there is no requirement that the City Voting Member rotate and each county shall appoint the City Voting Member they deem most appropriate for the position. Any changes in the City 5 Voting Member or Alternate City Voting Member shall be communicated promptly to the Regional Fiscal Agent. 4.3.2.4. Removal. Each county may remove its designated City Voting Member at any time. If so removed, the county shall appoint a replacement representative to fill the remainder of the removed City Voting Member’s term. Fulfilling an incomplete term is not considered part of the two-year term. Written notice of the removal and election should be provided to the Regional Fiscal Agent and the Regional Fiscal Agent will assist with the election process. 4.3.3. Public Health Voting Members. 4.3.3.1. Public Health Voting Member Designation. Each of the three counties in the Region, Clear Creek County, Gilpin County and Jefferson County, shall appoint one (1) Public Health Voting Member to the Regional Council (collectively, the “Public Health Voting Members”) from among the Participating Local Governments within each jurisdiction. The Public Health Voting Member for each county should be a member of the public health department staff with decision making authority for such Participating Local Government with relevant public health experience, and be qualified, willing, and able to assume and perform the duties and responsibilities required of the appointment. Each county shall provide written notice of the name and contact information of its appointment to the Regional Fiscal Agent as described below. 4.3.3.2. Alternate Public Health Voting Member. Each county shall be entitled to appoint one alternate representative to serve on the Regional Council in the absence of the designated Public Health Voting Member described above (the “Alternate Public Health Voting Member”). The Alternate Public Health Voting Member shall be a member of the public health department staff of the Participating Local Government, and shall be qualified, willing, and able to assume and perform the duties and responsibilities required of the appointment. 4.3.3.3. Public Health Voting Member Term. There shall be no restriction on the term of a Public Health Voting Member or Alternate Public Health Voting Member. Any changes in the Public Health Voting Member or Alternate Public Health Voting Member shall be communicated promptly to the Regional Fiscal Agent. 4.3.3.4. Public Health Voting Member Removal. A county may, in its sole discretion, remove its appointed Public Health Voting Member or Alternate Public Health Voting Member from the Regional Council at any time and appoint a successor thereto by providing written notice to the Regional Fiscal Agent. 6 4.3.4. Human Services Voting Members. 4.3.4.1. Human Services Voting Member Designation. Each of the three counties in the Region, Clear Creek County, Gilpin County and Jefferson County, shall appoint one (1) Human Services Voting Member to the Regional Council (collectively, the “Human Services Voting Members”) from among the Participating Local Governments within each jurisdiction. The Human Services Voting Member for each county should be a city/town/county manager or a senior member of staff within the human services department with decision making authority for such Participating Local Government with relevant human services experience, and shall be qualified, willing, and able to assume and perform the duties and responsibilities required of the appointment. Each county shall provide written notice of the name and contact information of its appointment to the Regional Fiscal Agent as described below. 4.3.4.2. Alternate Human Services Voting Member. Each county shall be entitled to appoint one alternate representative to serve on the Regional Council in the absence of the designated Human Services Voting Member described above (the “Alternate Human Services Voting Member”). The Alternate Human Services Voting Member shall be a member of the human services department of the Participating Local Government, and shall be qualified, willing, and able to assume and perform the duties and responsibilities required of the appointment. 4.3.4.3. Human Services Voting Member Term. There shall be no restriction on the term of a Human Services Voting Member or Alternate Human Services Voting Member. Any changes in the Human Services Voting Member or Alternate Human Services Voting Member shall be communicated promptly to the Regional Fiscal Agent. 4.3.4.4. Human Services Voting Member Removal. A county may, in its sole discretion, remove its appointed Human Services Voting Member or Alternate Human Services Voting Member from the Regional Council at any time and appoint a successor thereto by providing written notice to the Regional Fiscal Agent. 4.3.5. Law Enforcement Voting Member. 4.3.5.1. Law Enforcement Voting Member Designation. Each of the three counties in the Region, Clear Creek County, Gilpin County and Jefferson County, shall appoint one (1) Law Enforcement Voting Member to the Regional Council (collectively, the “Law Enforcement Voting Members”) from among the Participating Local Governments experience within each jurisdiction. The Law Enforcement Voting Member may be an 7 elected official, city/town/county manager or a senior member of staff with decision making authority for such Participating Local Government with relevant law enforcement experience and may include the sheriff, police, district attorney or other law enforcement officials consistent with the Colorado MOU and the Colorado Attorney General’s interpretation of the Colorado MOU as stated in Section 4.3 above. Such party shall be qualified, willing, and able to assume and perform the duties and responsibilities required of the appointment. Each county shall provide written notice of the name and contact information of its appointment to the Regional Fiscal Agent as described below. 4.3.5.2. Alternate Law Enforcement Voting Member. Each county shall be entitled to appoint one alternate representative to serve on the Regional Council in the absence of the designated Law Enforcement Voting Member described above (the “Alternate Law Enforcement Voting Member”). The Alternate Law Enforcement Voting Member shall be an employee of a Participating Local Government or governmental representative consistent with the terms of the Colorado MOU, and be qualified, willing, and able to assume and perform the duties and responsibilities required of the appointment. 4.3.5.3. Law Enforcement Voting Member Term. Any Law Enforcement Voting Members shall serve a term of two (2) years from the date of appointment. It is the intent of the Parties that the Law Enforcement Voting Member shall be a rotating member and a new representative within each county shall be designated every two years; however, if no law enforcement members of Participating Local Governments volunteer or desire to be on the Regional Council, there is no requirement that the Law Enforcement Voting Member rotate and each county shall appoint the Law Enforcement Voting Member they deem most appropriate for the position. Any changes in the Law Enforcement Voting Member or Alternate Law Enforcement Voting Member shall be communicated promptly to the Regional Fiscal Agent. 4.3.6. Court System Voting Member. 4.3.6.1. Court System Voting Member Designation. Each of the then acting County Members shall nominate an individual, as provided in this Section 4.3.6, from the courts system within each county to act as the “Court System Voting Member.” The Court System Voting Member may include the judges, magistrates, or other court system officials; provided, that, such voting member must be an employee of a Participating Local Government or a governmental representative as required by the Colorado MOU and the Colorado Attorney General’s interpretation of the Colorado MOU as stated in Section 4.3 above. The party shall be qualified, willing, and able to assume and perform the duties and responsibilities required of 8 the appointment. The current County Members shall unanimously approve the appointment of the Court System Voting Member as provided in this Section 4.3.6. The County Members shall provide information of its appointment of the Court System Voting Member to the Regional Fiscal Agent as described below. 4.3.6.2. Alternate Court System Voting Member. The County Members shall be entitled to nominate and appoint one alternate representative to serve on the Regional Council in the absence of the designated County System Voting Member described above (the “Alternate Court System Voting Member”). The Alternate Court System Voting Member shall be an employee of a Participating Local Government or a governmental representative as required by the Colorado MOU and the Colorado Attorney General’s interpretation of the Colorado MOU as stated in Section 4.3 above, and be qualified, willing, and able to assume and perform the duties and responsibilities required of the appointment. 4.3.6.3. Court System Voting Member Term and Voting. Any Court System Voting Members shall serve a term of two (2) years from the date of appointment or until a successor is duly elected. The County Members shall vote every two years to determine whether the Court System Voting Member shall continue as appointed or if the parties desire to appoint a different representative to the position. All of the County Members shall agree upon any appointment to the Court System Voting Member. Any changes in the Court System Voting Member or Alternate Court System Voting Member shall be communicated promptly to the Regional Fiscal Agent. 4.3.6.4. Court System Voting Member Removal. The County Members may, in their sole discretion, remove their appointed Court System Voting Member or Alternate Court System Voting Member from the Regional Council at any time by a unanimous vote and appoint a successor thereto by providing written notice to the Regional Fiscal Agent. 4.3.7. Non-Voting Members. Non-voting members shall serve in an advisory capacity to the Regional Council. Any non-voting members shall be appointed by the Voting Members of the Regional Council as provided herein (“Non-Voting Members”) and shall be comprised of the following: • Representatives from behavioral health providers; • Representatives from health care providers; • Recovery/treatment experts; • Other Participating Local Government representatives; • A representative from the Attorney General’s Office; and • Community representative(s), preferably those with lived experience with the opioid crisis. 9 Non-Voting Members will be provided an opportunity to participate in the Regional Council as set forth herein without executing this Agreement or any amendment thereto. The Regional Council will use reasonable efforts to avoid appointing providers who receive, or may receive, Opioid Funds as Non-Voting Members; however, if a provider does receive Opioid Funds and participates as a Non-Voting Member such conflict of interest shall be disclosed at each meeting. Further the Regional Council will use reasonable efforts to maintain a diversity and equitable distribution of Non-Voting Members from across all three jurisdictions which reflects the populations and composition of the counties within the Region. For purposes of this Agreement, there may be some non-discretionary Non-Voting Members and some discretionary Non-Voting Members as defined below. 4.3.7.1. Discretionary Non-Voting Members. 4.3.7.1.1. Discretionary Non-Voting Members Designation. The Voting Members of the Regional Council shall nominate potential parties to serve as advisors to the Regional Council. The party shall be qualified, willing, and able to assume and perform the duties and responsibilities required of the appointment. The parties shall confirm a nominee’s willingness to participate on the Regional Council and at a regularly called meeting of the Regional Council vote on the appointment of the Discretionary Non-Voting Members. The selected Discretionary Non-Voting Members shall provide written notice of the name and contact information of its appointment to the Regional Fiscal Agent. 4.3.7.1.2. Discretionary Non-Voting Member Term. Any Discretionary Non-Voting Members shall serve a term of two (2) years from the date of election or until a successor is duly elected. Discretionary Non-Voting Member shall serve at the pleasure of the Regional Council and there is no limit on the number of terms that a Discretionary Non-Voting Member may serve. Any changes in the Discretionary Non-Voting Member status shall be communicated promptly to the Regional Fiscal Agent. 4.3.7.1.3. Removal. The Voting Members of the Regional Council may, by super majority approval, remove a Discretionary Non-Voting Member at any time. 4.3.7.2. Non-Discretionary Non-Voting Members. 4.3.7.2.1. Non-Discretionary Non-Voting Members Designation. In order to provide an incentive for additional parties to enter into the Colorado MOU and join the nationwide settlements, it may be necessary to appoint Non-Discretionary 10 Non-Voting Members to the Regional Council. If a school district of any size or a fire district covering a population of 25,000 of greater within the Region executes the Colorado MOU and provides notice to the Regional Council of such party’s desire to exercise their rights to a Non-Discretionary Non-Voting Membership on the Regional Council, then the County Member from the county in which such party is organized shall appoint a representative from such school district or fire district as a Non- Discretionary Non-Voting Member to the Regional Council. The other Members of the Regional Council shall not object to the appointment of Non-Discretionary Non-Voting Members so long as such entity has executed the Colorado MOU and the nationwide settlements as required by Participating Local Governments. The selected Non-Discretionary Non-Voting Members shall provide written notice of the name and contact information of its appointment to the Regional Fiscal Agent. 4.3.7.2.2. Non-Discretionary Non-Voting Member Term. Any Non-Discretionary Non-Voting Members shall serve until a successor is duly appointed. Non-Discretionary Non-Voting Member shall serve at the pleasure of the underlying school district or large fire district provided that the County Member shall make the formal appointment to the Regional Council after consultation with such school district or large fire district, and there is no limit on the number of terms that a Non-Discretionary Non-Voting Member may serve. Any changes in the Non-Discretionary Non-Voting Member status shall be communicated promptly to the Regional Fiscal Agent. 4.3.7.2.3. Removal. The County Members of the Regional Council may, by super majority approval, remove a Non-Voting Member at any time and the underlying school district or large fire district will be required to nominate a different individual for appointment as a Non-Discretionary Non-Voting Member. 4.3.8. Regional Council Member Commitments. Regional Council Voting Members and Non-Voting Members are expected to attend all regular and special meetings of the Regional Council unless formally excused from the meeting. If a Member does not attend at least 75%, excluding excused absences, of the duly called meetings of the Regional Council in a calendar year, such Member, Voting or Non-Voting, may be removed and each county, the County Members, or the Regional Council, as applicable, may appoint a new Voting or Alternate Voting Member to the position who can meet the above commitments. 11 4.4. Powers and Governance. Except as otherwise provided herein, the Regional Council, acting by and through the Voting Members, shall possess all of the powers, privileges, and duties set forth in the Bylaws. The Bylaws as attached hereto as Exhibit A shall be the official Bylaws of the Regional Council as of the Effective Date until such time as the Bylaws are amended as provided therein. Any governing documents must be consistent with the other provisions in this Agreement and the Colorado MOU. 4.5. Authority. The terms of the Colorado MOU control the authority of a Regional Council and a Regional Council shall not stray outside the bounds of the authority and power vested by the Colorado MOU. Should a Regional Council require legal assistance in determining its authority, it may seek guidance from the legal counsel of the Regional Council’s Fiscal Agent at the time the issue arises; provided, that, if there is a conflict among the parties, legal counsel for the Regional Council’s Fiscal Agent may recommend separate legal counsel for the parties. 4.6. Collaboration. The Regional Council shall facilitate collaboration between the Colorado Attorney’s General’s Office, Participating Local Governments within its Region, the Abatement Council, and other stakeholders within its Region for the purposes of sharing data, outcomes, strategies, and other relevant information related to abating the opioid crisis in Colorado. 4.7. Transparency. The Regional Council shall operate with all reasonable transparency and abide by all Colorado laws relating to open records and meetings. To the extent the Abatement Council requests outcome-related data from the Regional Council, the Regional Council shall provide such data in an effort to determine best methods for abating the opioid crisis in Colorado. 4.8. Conflicts of Interest and Ethics. Members of the Regional Council shall abide by the ethics laws and conflict-of-interest rules applicable to local government officials under local and state law. 4.9. Decision Making. The Regional Council shall seek to make all decisions by consensus. In making decisions the Regional Council shall consider equity, which includes division of Opioid Funds in accordance with both populations of each county geographic region, the degree of impact of the opioid crisis in each geographic region, and economies of scale that may be achieved by consolidating resources. In the event consensus cannot be achieved, the Regional Council shall make decisions by a super majority vote of its Voting Members. For purposes of this Agreement, super majority vote shall have the meaning set forth in the Bylaws. 4.10. Compensation. Members of the Regional Council shall not receive compensation for their services. Individual Participating Local Governments may provide for reimbursement of a participant’s reasonable and necessary expenses incurred on behalf of, and authorized by, the Regional Council to the extent permitted by law. 5. REGIONAL FISCAL AGENT. 12 5.1. Purpose. According to the Colorado MOU, the Regional Council must designate a fiscal agent for the Region prior to the Region receiving any Opioid Funds from the Regional Share. All funds from the Regional Share shall be distributed to the Regional Council’s fiscal agent for the benefit of the entire Region. 5.2. Designation. The Parties to this Agreement hereby designate Jefferson County as the fiscal agent for the Region (the “Regional Fiscal Agent”). 5.3. Duties. Jefferson County, as the Regional Fiscal Agent, shall receive, deposit, and make available Opioid Funds distributed from the Abatement Council and provide expenditure reporting data to the Abatement Council on an annual basis. In addition, the Regional Fiscal Agent shall perform certain recordkeeping duties outlined below. 5.3.1. Opioid Funds. The Regional Fiscal Agent shall receive all Opioid Funds as distributed by the Abatement Council. The Opioid Funds shall be segregated from other funds held by the Regional Fiscal Agent, which may be accomplished by creating a separate fund or account to hold the proceeds or as otherwise required by the Colorado MOU. Upon direction by the Regional Council, the Regional Fiscal Agent shall make any such Opioid Funds available to the Regional Council or their authorized designees. At this time, the LG shares will not be pooled and shall remain separate or as directed by each Participating Local Government in accordance with the terms of the Colorado MOU. Any individual Participating Local Government may elect to include its LG shares with the Regional Council’s Opioid Funds by making such election to the Regional Fiscal Agent and notifying the Abatement Council as necessary. Such election to pool its LG shares shall be applicable until such election is withdrawn by written notice to the Regional Fiscal Agent and the Abatement Council. Once LG shares are pooled with the Opioid Funds for the Region, they will not be separated and will be distributed constituent with the direction of the Regional Council as with all of the Opioid Funds. Notices to withdraw the pooling election will only be applicable for funds received after the withdrawal notice has been submitted and will not be retroactive. 5.3.2. Reporting. On an annual basis, as determined by the Abatement Council, the Regional Fiscal Agent shall provide to the Abatement Council with the Regional Council’s expenditure data from their allocation of the Regional Share and certify to the Abatement Council that the Regional Council’s expenditures were for Approved Purposes and complied with its two-year plan. 5.3.3. Recordkeeping. The Regional Fiscal Agent shall maintain necessary records with regard the Regional Council’s meetings, decisions, plans, and expenditure data. 13 5.4. Authority. The Regional Fiscal Agent serves at the direction of the Regional Council and in service to the entire Region. The terms of the Colorado MOU control the authority of a Regional Council, and by extension, the Regional Fiscal Agent. 5.5. Principal Office. The principal office of the Regional Council shall be the Regional Fiscal Agent’s address at the Jefferson County Finance Office, 100 Jefferson County Parkway, Suite 4550 Golden, CO 80419. Written notice of any change in the location of the Regional Council’s principal office shall be provided in advance to all of the Participating Local Governments and the Abatement Council. 6. REGIONAL TWO-YEAR PLAN. 6.1. Requirements. In accordance with the Colorado MOU, as part of a Regional Council’s request to the Abatement Council for Opioid Funds from its Regional Share, the Regional Council must submit a two-year plan identifying the Approved Purposes for which the requested funds will be used. 6.2. Development of Two-Year Plan. In developing a two-year plan, the Regional Council shall solicit recommendations and information from all Parties and other stakeholders within its Region for the purposes of sharing data, outcomes, strategies, and other relevant information related to abating the opioid crisis in Colorado. At its discretion, a Regional Council may seek assistance from the Abatement Council for purposes of developing a two-year plan. 6.3. Amendment. At any point, a Regional Council’s two-year plan may be amended so long as such amendments comply with the terms of the Colorado MOU and any Settlement. 7. ABATEMENT COUNCIL REGIONAL SHARE AMOUNT. If the Regional Council disputes the amount of Opioid Funds it receives from its allocation of the Regional Share, the Regional Council shall alert the Abatement Council within sixty (60) days of discovering the information underlying the dispute. However, the failure to alert the Abatement Council within this time frame shall not constitute a waiver of the Regional Council’s right to seek recoupment of any deficiency in its Regional Share. 8. LIABILITY AND GOVERNMENTAL IMMUNITY. 8.1. Liability of Participating Local Governments. The Regional Council shall be responsible for directing the actions within the Region. The liability of the Regional Council is limited to the available funds of the Regional Share. The Parties acknowledge and agree that the Participating Local Governments, rather than the Regional Council, shall be the parties contracting for services for Approved Purposes pursuant to the then-current two-year plan. The Regional Council will provide the funding for the Approved Purposes and direct that funding to the appropriate Participating Local Government for implementation. For purposes of clarity, the Regional Council described herein shall not constitute a separate legal entity. 14 8.2. Indemnification. To the extent permitted by law, each Participating Local Government and each Non-Voting Member entity shall defend and indemnify its Members, officers, and agents in connection with any claim or actual or threatened suit, action, proceeding in which such Member may be involved in its official capacity by reason of being or having been such a Member, officer, or agent, or by reason of any action or omission by such Member or participant of the Regional Council, and shall pay any judgment resulting therefrom. Such indemnification and duty to defend shall be further subject to and limited by the resources of the Participating Local Government or Non-Voting Member entity available for such purposes, including available insurance coverage. Each Parties’ obligations to defend and indemnify its Members, officers, and employees shall be in accordance with and subject to the limitations of the Colorado Governmental Immunity Act, Sections 24- 10-101 et seq., C.R.S. 8.3. Insurance. Each Participating Local Government shall maintain insurance or self-insure with respect to its affairs and employees against such casualties and contingencies of such types and in such amounts as such Party may determine from time to time, in its discretion. 8.4. Governmental Immunities. 8.4.1. The Parties hereto intend that nothing herein shall be deemed or construed as a waiver by any Party of any rights, limitations, or protections afforded to them under the Colorado Governmental Immunity Act (Section 24-10-101, C.R.S., et seq.) as now or hereafter amended or otherwise available at law or equity. 8.4.2. The Parties agree that in the event any claim or suit is brought against any Parties by any third party as a result of the operation of this Agreement, all Parties will cooperate with each other, and with the insuring entities of all applicable Parties, in defending such claim or suit. 9. TERMINATION. The Parties enter into this Agreement to serve the public interest. If this Agreement ceases to further the public interest, a Party, in its discretion, may terminate its participation in the Agreement, in whole or in part, upon written notice to the other Parties. 10. GOVERNING LAW; VENUE. This Agreement shall be governed by the laws of the State of Colorado. Venue and jurisdiction for any dispute arising hereunder shall lie with the District Court of Jefferson County. 11. NOTICES. The contact information for each Party’s notice representative is designated on the signature page and such person shall be the point of contact for coordination with respect to this Agreement. “Key Notices” under this Agreement are notices regarding default, disputes, or termination of the Agreement. Key Notices shall be given in writing and shall be deemed received if given by confirmed electronic transmission that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly 15 reproduced in paper form by such a recipient through an automated process, but specifically excluding facsimile transmissions and texts when transmitted, if transmitted on a business day and during normal business hours of the recipient, and otherwise on the next business day following transmission; certified mail, return receipt requested, postage prepaid, three business days after being deposited in the United States mail; or overnight carrier service or personal delivery, when received. For Key Notices, the Parties will follow up any electronic transmission with a hard copy of the communication by the means described above. All other communications or notices between the Parties that are not Key Notices may be done via electronic transmission. The Parties agree that any notice or communication transmitted by electronic transmission shall be treated in all manner and respects as an original written document; any such notice or communication shall be considered to have the same binding and legal effect as an original document. All Key Notices shall include a reference to the Agreement, and Key Notices shall be given to the Parties at the address as indicated on the signature page for the Participating Local Government. 12. INFORMATIONAL OBLIGATIONS. Each Party hereto will meet its obligations as set forth in § 29-1-205, C.R.S., as amended, to include information about this Agreement in a filing with the Colorado Division of Local Government; however, failure to do so shall in no way affect the validity of this Agreement or any remedies available to the Parties hereunder. 13. GENERAL TERMS AND CONDITIONS 13.1. Independent Entities. The Parties enter into this Agreement as separate, independent governmental entities and shall maintain such status throughout. 13.2. Assignment. This Agreement shall not be assigned by any Party without the prior written consent of all Parties. Any assignment or subcontracting without such consent will be ineffective and void and will be cause for termination of this Agreement. 13.3. Integration and Amendment. This Agreement represents the entire agreement between the Parties and terminates any oral or collateral agreement or understandings. This Agreement may be amended only by a writing signed by a super majority (75%) of the Parties. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and the remaining provision of this Agreement shall continue in full force and effect. 13.4. No Construction Against Drafting Party. The Parties and their respective counsel have had the opportunity to review the Agreement, and the Agreement will not be construed against any Party merely because any provisions of the Agreement were prepared by a particular Party. 13.5. Captions and References. The captions and headings in this Agreement are for convenience of reference only and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits, or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 16 13.6. Statutes, Regulations, and Other Authority. Any reference in this Agreement to a statute, regulation, policy, or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the execution of this Agreement. 13.7. Compliance with the Laws. The Parties shall observe and comply with all applicable laws, including but not limited to federal, state, and local laws, regulations, rules, or ordinances that affect those employed or engaged by it with respect to this Agreement. 13.8. Conflict of Interest. No Party shall knowingly perform any act that would conflict in any manner with said Party’s obligations hereunder. Each Party certifies that it is not engaged in any current project or business transaction, directly or indirectly, nor has it any interest, direct or indirect, with any person or business that might result in a conflict of interest in the performance of its obligations hereunder. No elected or employed member of any Party shall be paid or receive, directly or indirectly, any share or part of this Agreement or any benefit that may arise therefrom. 13.9. Inurement. The rights and obligations of the Parties to the Agreement inure to the benefit of and shall be binding upon the Parties and their respective successors and assigns, provided assignments are consented to in accordance with the terms of the Agreement. 13.10. Survival. Notwithstanding anything to the contrary, the Parties understand and agree that all terms and conditions of this Agreement and any exhibits that require continued performance or compliance beyond the termination or expiration of this Agreement shall survive such termination or expiration and shall be enforceable against a Party if such Party fails to perform or comply with such term or condition. 13.11. Waiver of Rights and Remedies. This Agreement or any of its provisions may not be waived except in writing by a Party’s authorized representative. The failure of a Party to enforce any right arising under this Agreement on one or more occasions will not operate as a waiver of that or any other right on that or any other occasion. 13.12. No Third-Party Beneficiaries. Enforcement of the terms of the Agreement and all rights of action relating to enforcement are strictly reserved to the Parties. Nothing contained in the Agreement gives or allows any claim or right of action to any third person or entity. Any person or entity other than the Parties receiving services or benefits pursuant to the Agreement is an incidental beneficiary only. 13.13. Records Retention. The Parties shall maintain all records, including working papers, notes, and financial records in accordance with their applicable record retention schedules and policies. Copies of such records shall be furnished to the requesting Parties upon request. 17 13.14. Execution by Counterparts; Electronic Signatures and Records. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this Agreement. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-101, et seq. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 13.15. Authority to Execute. Each Party represents that all procedures necessary to authorize such Party’s execution of this Agreement have been performed and that the person signing for such Party has been authorized to execute the Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Signature Page to Region 10 – Colorado Regional Opioid IGA IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first above written, the Effective Date of this Agreement. CLEAR CREEK COUNTY, COLORADO By:_________________________________ Sean C. Wood, Chairman Board of County Commissioners Approved as to Form: ATTEST: ___________________________ _________________________________ County Attorney Clerk to the Board Notice Contact Information: Clear Creek County Attn: Brian D. Bosshardt, County Manager PO Box 2000 Georgetown, CO 80444 Phone: 303-679-2490 Email: bbosshardt@clearcreekcounty.us With a copy to: Peter A. Lichtman, County Attorney PO Box 2000 Georgetown, CO 80444 Phone: 303-679-2454 Email;: plichtman@clearcreekcounty.us Signature Page to Region 10 – Colorado Regional Opioid IGA GILPIN COUNTY, COLORADO By and through its Board of County Commissioners By:_________________________________ Sandy Hollingsworth, Chair Board of County Commissioners Approved as to Form: ATTEST: ___________________________ _________________________________ County Attorney Clerk to the Board Notice Contact Information: Gilpin County Attn: Ray Rears, County Manager PO Box 366 (Mail) 203 Eureka St. (Delivery) Gilpin County, CO 80427 Phone: 303-582-5214 ext. 2600 Email: rrears@gilpincounty.org With a copy to: Bradford R. Benning, County Attorney PO Box 366 (Mail) 203 Eureka St. (Delivery) Gilpin County, CO 80427 Phone: 303-515-4377 Email: rrears@gilpincounty.org Signature Page to Region 10 – Colorado Regional Opioid IGA COUNTY OF JEFFERSON By: Lesley Dahlkemper, Chair Board of County Commissioners Notice Contact Information: Jefferson County Attn: Board of County Commissioners 100 Jefferson County Parkway, Suite 5000 Golden, CO 80419 Phone: (303) 271-8525 Email: commish@jeffco.us With copy to: Jefferson County Attorney’s Office 100 Jefferson County Parkway, Suite 5500 Golden, CO 80419 Phone: (303) 271- 8900 Email: CAOcontracts@jeffco.us Approved as to Form: ______________________ County Attorney Signature Page to Region 10 – Colorado Regional Opioid IGA CITY OF WHEAT RIDGE _________________ By: Bud Starker, Mayor Its: Wheat Ridge City Council Notice Contact Information: City of Wheat Ridge Attn: Patrick Goff, City Manager 7500 W. 29th Avenue Wheat Ridge, CO 80033 Phone: 303-235-2805 Email: pgoff@ci.wheatridge.co.us With a copy to: Jerry Dahl, City Attorney 710 Kipling Street, Suite 300 Lakewood, CO 80215 Phone: 303-493-6670 Email: gdahl@mdbrlaw.com Approved as to Form: ______________________ City Attorney Exhibit A Bylaws of Regional Council – Region 10 (See attached) 1 BYLAWS OF THE REGION 10 – OPIOID REGIONAL COUNCIL ARTICLE I PURPOSE 1.1 Purpose. In accordance with the Colorado MOU, a Regional Council, consisting of representatives appointed by the Participating Local Governments, shall be created to oversee the procedures by which a Region may request Opioid Funds from the Abatement Council and the procedures by which the allocation of its Region’s Share of Opioid Funds are administered. The Participating Local Governments entered into a Colorado Regional Intergovernmental Agreement dated ____, 2022 (the “Agreement”), to establish the Regional Council for Region 10 and to detail the Agreement of the Parties surrounding its operation. The purposes of these bylaws is to further detail the operation of the Regional Council in accordance with the terms of the Agreement and the Colorado MOU. Capitalized terms not otherwise set forth herein shall have the meaning ascribed to them in the Agreement. ARTICLE II OFFICES 2.1 Principal Office. The principal office of the Regional Council shall be located at the Jefferson County Board of County Commissioner’s Office, 100 Jefferson County Parkway, Suite 5000, CO 80419. Written notice of any change in the location of the Regional Council’s principal office shall be provided in advance to all Participating Local Governments as set forth in the Agreement. ARTICLE III REGIONAL COUNCIL MEMBERSHIP 3.1 Regional Council Membership. The Participating Local Governments as set forth in the Agreement shall select the composition of the Regional Council as set forth in the Agreement. ARTICLE IV OFFICERS 4.1 Presiding Officers. At the first Regional Council meeting of each calendar year, or such other date as mutually agreed upon by the Regional Council, the Regional Council shall elect by a Majority Vote (as defined in Section 7.2 below) from the Regional Council Voting Members a Chair and Vice-Chair who shall be the presiding officers at Regional Council meetings (the “Presiding Officer(s)”). Only those persons who have signified their consent to serve if elected may be nominated or elected to hold office. If the Chair or Vice-Chair elects not to preside over a meeting or particular matter, a Majority Vote of the Regional Council present shall then elect a temporary chair who shall be the Presiding Officer for that particular meeting or particular matter only, as the case may be. ATTACHMENT 3 2 4.2 Term. The term of office for the Presiding Officers is one (1) year from the date of election; however, no Presiding Officer shall serve more than four (4) consecutive one-year terms. Each Presiding Officer shall hold office until their successor is duly elected or until such Presiding Officer’s death, incapacity, resignation, or removal. 4.3 Resignation and Removal. A Presiding Officer may resign at any time by giving written notice to the Regional Council and the Regional Fiscal Agent and it shall be effective as of the date stated in the resignation. Any Presiding Officer may be removed with or without cause at any meeting of the Regional Council by Super Majority Vote (as defined in Section 7.2 below) of the Regional Council, provided that the agenda for such meeting lists officer removal as an agenda item. Resignation or removal shall terminate all authority of the officer. An officer of the Regional Council may be removed from the Regional Council for cause. “Cause” is defined to include failure to fully disclose conflicts of interest, misuse of confidential information, missing three consecutive Regional Council meetings, obstructive and other behavior not furthering the Regional Council’s purpose, or upon removal from the Regional Council by the appropriate appointing organization. 4.4 Presiding Officer Vacancies. If the office of Chair should become vacant during the term of office, the Vice-Chair shall assume the duties of Chair. Should the office of Vice-Chair become vacant, a special election shall be held as soon as possible following the announcement of the vacancy. Nominations from the floor by members of the Regional Council during the election meeting shall be permissible. 4.5 Authority and Duties of the Chair and Vice-Chair. It shall be the responsibility of the Chair to preside at all meetings of the Regional Council, execute documents of behalf of the Regional Council, ensure that all orders and resolutions of the Regional Council are carried into effect, make appointments to committees, and be the primary liaison between the Regional Council and the Regional Fiscal Agent. The Vice-Chair shall perform the duties of the Chair during the Chair’s absence. The Presiding Officers of the Regional Council shall have the authority and exercise the powers and perform the duties as specified herein and as may be additionally specified by the Regional Council, or these Bylaws, and as may be required by law. 4.6 Duties of the Secretary. The Regional Council intends to hire a third-party consultant to perform the duties generally handled by a secretary. 4.7 Regional Fiscal Agent. Jefferson County shall be the fiscal agent for the Regional Council which shall include, but is not limited to, keeping full and accurate accounts of all receipts and disbursements of the Regional Council, depositing all moneys as may be designated by the Regional Council, disbursing the Opioid Funds as ordered by the Regional Council, preparing and recommending a two-year operating budget to the Regional Council by such date as established by the Regional Council consistent with the then-current two-year plan adopted by the Regional Council, and performing all other duties as may from time to time be assigned by the Regional Council or as may be required by these Bylaws or the Regional Council. 3 ARTICLE V WRITTEN INSTRUMENTS AND CHECKS 5.1 Written Instruments. The Regional Council may authorize any officer(s) or agent(s) to deliver any instrument in the name of and on behalf of the Regional Council or instructions for the disbursement of funds from a QFS account in accordance with the Colorado MOU, and such authority may be general or confined to specific instances. The Chair, and Vice-Chair in the absence of the Chair, shall have general authority to execute actions in the name of the Regional Council, provided such item was properly approved by the Regional Council and with the understanding that the Regional Council is not a separate legal entity. 5.2 Checks. All checks or demands for money and notes of the Regional Council shall be signed by two (2) officers or such other person or persons as the Regional Council may from time to time designate. ARTICLE VI MEETINGS 6.1 Regular Meetings. Regular meetings of the Regional Council shall be held quarterly or at such other regular intervals and at such time and place as determined by the Regional Council. The Regional Council may provide by resolution the time and place within the State of Colorado for the holding of regular meetings. In the absence of any such meeting designation, meetings shall be held at the principal office of the Regional Council. 6.2 Special Meetings. Special meetings of the Regional Council for any purpose(s) may be called at any time by the Chair, by formal resolution of the Regional Council, or informally by an electronic mail notification to the Regional Council Voting Members so long as a quorum of the Voting Members consent to the time of the special meeting. 6.3 Electronic/Virtual Meetings. Members of the Regional Council or any committee thereof may participate in a meeting of the Regional Council or committee by means of telephone conference, electronic meeting platform such as Zoom, WebEx or Teams, or similar communications equipment by which all persons participating in the meeting can hear one another at the same time. Such participation shall constitute presence in person at the meeting, no matter where such person is actually located. The Regional Council shall use best efforts to refrain from holding any meetings solely via electronic mail, although such meetings shall be permitted if the Colorado Open Meetings Laws are followed with respect to such meeting. 6.4 Notice of Meetings. Notice to the public of any regular and special meetings of the Regional Council shall be posted as required by the Colorado Open Meetings Law. The Regional Council shall, annually at its first regular meeting of the calendar year, designate a public place for the posting of Regional Council notices in accordance with C.R.S. 24-6- 402(2)(c). Notice of regular Regional Council meetings shall be personally delivered or sent by first class mail, postage prepaid, facsimile, telephone, e-mail, or other electronic communication to 4 each Regional Council Member at the member’s address as shown on the records of the Regional Council as soon as reasonably practicable prior to each regular meeting. Notice of special Regional Council meetings shall be given to each Regional Council Member at least forty-eight (48) hours before the meeting. Notice shall be either oral or written. Oral notice shall be given face-to-face or by telephone. Written notice may be given by mail, personal delivery, facsimile, e-mail, or other electronic communication. The notice shall contain (1) the date, time, and place of the meeting; and (2) the agenda for said meeting, or the purpose or purposes for which a special meeting is called. Special meetings of the Regional Council shall be limited to the purpose or purposes set forth in the notice of said special meeting. The attendance of a Regional Council Member at a meeting shall constitute a waiver of notice of such meeting, except where a Regional Council Members attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. All Members shall receive electronic copies of all notices, agendas, and appropriate enclosures at the e-mail address of their designated representative provided to the Regional Fiscal Agent. 6.5 Public Meetings. All the meetings of the Regional Council, other than executive sessions, shall be open to the public. No vote or other formal action shall be taken in any session which is closed to the general public. The Regional Fiscal Agent, or such other officer as the Regional Council may from time to time determine, shall maintain a list of persons who, within the previous two (2) years, have requested notification of all meetings or of meetings when certain specified policies will be discussed and shall provide reasonable advance notification of such meetings; provided, however, that unintentional failure to provide such advance notice will not nullify actions taken at an otherwise properly published meeting. 6.5.1 Executive Session. The Regional Council, upon the affirmative vote of two-thirds of the quorum present, may hold an executive session for any of the reasons set forth in C.R.S. 24-6-402(4) as are applicable. No formal action may be taken while in executive session. Prior to convening an executive session, the Chair shall announce the topic(s) to be discussed, including the specific statutory citation(s), and identify the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized. 6.6 Informal Meetings. Informal meetings of the Regional Council at which no final decision is made or formal action is taken may be held from time to time and may include study sessions, subcommittee meetings, or any meeting of three or more Regional Council Members at which Regional Council business is to be discussed. Notice of any such meeting shall be given to all Regional Council Members at least seventy-two (72) hours in advance of such meeting, unless such informal meeting was set and authorized by the Regional Council at a regular or special meeting. Public notice of the meeting shall be posted in the designated posting place for the Regional Council at least twenty-four (24) hours prior to such meeting as required by the Colorado Open Meetings Law. 6.7 Conduct of Meetings. Unless otherwise agreed to by the Regional Council, Robert’s Rules of Order, Revised shall be the parliamentary authority for all meetings of the 5 Regional Council and the rules contained therein shall govern the procedures utilized at such meetings where not inconsistent with the Colorado law. Failure to adhere to Robert’s Rules of Order, Revised shall not affect the validity of any Regional Council action. ARTICLE VII VOTING 7.1 Quorum for the Board. A quorum must be present at any Regional Council meeting for business transactions to take place and motions to pass. A quorum of the Regional Council shall be nine (9) Voting Members of the Regional Council. 7.2 Voting. All Regional Council Voting Members shall be entitled to one (1) vote on any matter coming before the Regional Council. Except as otherwise provided herein, and in Disclosures - Section 7.3 below, all actions of the Regional Council for which a vote is required shall be made and decided by a Super Majority Vote. In the cases where a “Super Majority Vote” is required at least 75% of the Regional Council Voting Members shall vote in favor of the item. For example, if all sixteen members of the Regional Council are present, then sixteen (16) votes would be cast and twelve (12) votes will be needed to pass the item. For purposes of these Bylaws, “Majority Vote” shall mean a majority of the votes shall be cast in favor of the item coming before a quorum of the Regional Council or committee, as applicable. For example, if all sixteen members of the Regional Council are present, then sixteen (16) votes would be cast and nine (9) votes will be needed to pass the item. Majority Votes for the Regional Council are generally limited to purposes of electing the Presiding Officers and committee officers (as applicable). No Regional Council Voting Member shall abstain from voting unless abstention is required by law. In the case of a tie vote, the item will be deemed to have failed. 7.3 Disclosures. Each Regional Council Member, voting and non-voting, shall provide such disclosures, including potential conflict of interest disclosures, as may be required by law, including but not limited to Sections 24-18-101 et seq., C.R.S. and Section 18-8-308, C.R.S. Unless otherwise permitted by law, any voting member or alternative voting member or non-voting member who has a personal or private interest in any matter proposed or pending before the Regional Council after disclosure thereof shall recuse themself from the meeting and shall refrain from attempting to influence the decision of the other members of the Regional Council on such matter. ARTICLE IX COMMITTEES 9.1 Committees. The Regional Council may establish by resolution such standing committees or special committees in addition to those specified in this Article as it deems appropriate, with such duties, responsibilities, and members as it may designate. The Regional Council or the Chair may refer to the proper committee any matter affecting the Regional Council or any operations needing study, recommendation, or action. The delegation of authority to any committee shall not operate to relieve the Regional Council or any of its members of any legal responsibility. 6 9.2 Limitations. Except in cases where these Bylaws or the Regional Council has by written resolution provided otherwise, the function of any committee is as an advisory body to the Regional Council. No member of any committee, without the prior authorization of the Regional Council or as set forth in these Bylaws, has the authority to purchase, collect funds, implement policy, or bind, or obligate the Regional Council in any way or by any means. All such powers are expressly reserved to the Regional Council and the officers of the Regional Council. 9.3 Committee Membership. Committee members may include representatives of the Participating Local Governments, Voting and Non-Voting Members of the Regional Council and such other parties, as determined by the Regional Council. The Regional Council may appoint a Regional Council Member to serve on any committee or to act as a liaison to any committee, or both, in the Regional Council’s discretion. The Regional Council may from time to time appoint to any standing or special committee any individual who is qualified to serve on such committee and who has the requisite expertise and knowledge to supply value thereto, as determined by the Regional Council in its discretion. 9.4 Committee Officers. Each committee shall select by Majority Vote one of its members to serve as Chair and one of its members to serve as Vice Chair. The Chair of each committee shall preside at all meetings of such committee and shall discharge the duties of presiding officer. The Vice Chair of each committee shall have such powers and perform such duties as the members of the committee may from time to time prescribe or as the Chair may from time-to-time delegate. At the request of the Chair, or in the event of the Chair’s absence or inability to act, the Vice Chair shall serve as acting Chair. If the Chair or Vice-Chair elects not to preside over a meeting or particular matter, a Majority Vote of the committee present shall then elect a temporary chair who shall be the presiding officer for that particular meeting or particular matter only, as the case may be. 9.5 Committee Meetings and Recommendations. A committee may hold regular meetings at a time and place to be determined by the members of such committee. A quorum must be present at any committee meeting for business to take place and motions to pass. A quorum of a committee shall be a majority of the members of such committee. All committees shall act by Majority Vote, unless otherwise prescribed by the Regional Council. As Non-Voting Members may be members of committees, all decisions of committees shall be deemed recommendations to the Regional Council and the Regional Council Voting Members shall still be required to vote on any measures recommended to such body by the committee in order to complete any formal action by the Regional Council. Rules governing procedures for meetings of any committee shall be as established by the Regional Council, or in the absence thereof, the rules set forth in these Bylaws shall be followed. All meetings of any committee shall be open to the public. 9.6 Resignation. A member of any committee may resign at any time by giving written notice to the Chair of the committee and to the Regional Fiscal Agent of the Regional Council. Such resignation shall take effect at the time specified therein, and the acceptance of such resignation shall not be necessary to make it effective. 7 9.7 Vacancies. Any vacancy occurring on any committee by reason of resignation or otherwise may be filled by action of the Regional Council, unless otherwise provided herein. 9.8 Removal. At any meeting of the Regional Council duly called and expressly providing for such purpose, any one or more members of any committee may be removed with or without cause by a Super Majority Vote of the Regional Council. ARTICLE X FUNDING 10.1 Funding. The Regional Council shall be funded with Opioid Funds. 10.2 Fiscal Year. The fiscal year of the Regional Council shall be the calendar year. ARTICLE XI MISCELLANEOUS 11.1 Amendment. These Bylaws may be amended or repealed at any regular meeting of the Regional Council or at any special meeting called for that purpose provided that written notice of the proposed amendment or repeal shall have been given at least fourteen (14) days prior to the meeting. Except as provided herein, any such amendment or repeal shall require a Super Majority Vote of the Regional Council at any duly constituted meeting of the Regional Council. 11.2 Severability. The invalidity of any provision of these Bylaws shall not affect the other provisions hereof. In the event any provision of these Bylaws is determined to be invalid, these Bylaws shall be construed in all respects as if such invalid provision were omitted. 11.3 Headings. The headings provided throughout these Bylaws are for convenience and reference only and in no way define, limit, or add to the meaning of any provision hereof. I, __________________________, as Chair of the Region 10 Regional Council, hereby certify that attached hereto are the Bylaws of the Region 10 Regional Council, which were duly adopted by the Regional Council on and are of full force and effect as of the date hereof. Dated: ___________________________ ____________________________________ Chair ITEM NO: 1c DATE: June 13, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE A LEASE AGREEMENT BY AND BETWEEN JEFFERSON COUNTY HOUSING AUTHORITY AND CITY OF WHEAT RIDGE FOR OFFICE SPACE AT 7490 W. 45TH AVENUE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Parks & Recreation Director City Manager ISSUE: City Staff has negotiated a five-year Lease Agreement, with the option to extend for one-year, with Jefferson County Housing Authority for office space at 7490 W. 45th Avenue. This Lease will resolve the immediate need for additional office space for city employees while a facility assessment and master plan are completed to determine longer-term facility needs. PRIOR ACTION: At the March 7, 2022 study session, City Council provided consensus to move forward with lease negotiations with the Jefferson County Housing Authority. City Council approved the furniture purchase associated with the new office space at the April 25, 2022 Council meeting. FINANCIAL IMPACT: The annual lease payments, including utilities and maintenance, for this 5-year lease are as follows: Year One - $162,000; Year Two - $180,000; Year Three - $180,000; Year Four - $185,400 Year Five - $190,962 Council Action Form – 7490 West 45th Ave Lease Agreement June 13, 2022 Page 2 BACKGROUND: The leased space at 7490 West 45th Avenue resolves the immediate need for additional office space for city employees. This change would avoid the City spending a significant amount of money on band-aid repairs to buildings that the City has outgrown and will not serve the community effectively in the long term. This change would result in many community/neighborhood service roles working collaboratively out of the same facility. Specifically, PFOS (Parks, Forestry & Open Space), Homeless Navigator, Sustainability, Economic Development, Neighborhood Planners, GIS, as well as IT & HR support. The opportunity exists to offer some in-person services to the community out of this facility. Moving staff out of the PFOS building will allow that space to be utilized for various storage needs. Specifically, recreation storage (currently in the barn outside of the recreation center) and storage related to people experiencing homelessness, which is becoming an increasing problem. This will allow us to consider opportunities to repurpose the barn. In addition, the PFOS building may allow space for Localworks’ makerspace initiative. The leased space offers a positive approach to employee morale and retention. Providing employees with a productive work environment is an essential component related to workplace happiness and overall job satisfaction. This will provide functional workspaces for many who are working in close quarters in City Hall, as well as those working in the PFOS building, who are expected to perform at a high level in an old, drab building with no windows and a dysfunctional layout. This property will allow the City to expand services in the future, including but not limited to, housing the current functions of Localworks. RECOMMENDATIONS: Staff recommends the approval of the Lease Agreement with the Jefferson County Housing Authority. RECOMMENDED MOTION: “I move to approve a Lease Agreement by and between Jefferson County Housing Authority and City of Wheat Ridge for office space at 7490 W. 45th Avenue.” Or, “I move to not approve a Lease Agreement by and between Jefferson County Housing Authority and City of Wheat Ridge for office space at 7490 W. 45th Avenue for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Kion Gibbs, Facilities Manager Karen A. O’Donnell, Parks & Recreation Director Council Action Form – 7490 West 45th Ave Lease Agreement June 13, 2022 Page 3 Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Lease Agreement for 7490 W. 45th Avenue Property 1 LEASE AGREEMENT This LEASE AGREEMENT (this “Lease”) is entered into this 15th day of April, 2022 (the “Effective Date”), by and between JEFFERSON COUNTY HOUSING AUTHORITY, a political subdivision of the State of Colorado d/b/a Foothills Regional Housing, having a mailing address of 11941 W. 48th Avenue, Wheat Ridge, CO 80333 (“Landlord”), and City of Wheat Ridge, having a mailing address of 4005 Kipling Street, Wheat Ridge, CO 80033 (“Tenant”), together referred to herein as the “parties,’ and individually, a “party.” 1.Grant. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises commonly known as 7490 W. 45th Ave., Wheat Ridge, CO 80033, in the County of Jefferson, State of Colorado, and all improvements thereon (the “Premises”), on the terms and conditions in this Lease. 2.Term and Termination. a.Landlord demises the Premises for a term (the “Term”) commencing on the later of: (i) June 15, 2022, or (ii) the date on which internet service is secured by Tenant for the Premises, and ending on the date that is 60 months following the Effective Date (the “Lease Expiration Date”). Each 12-month period commencing on the date of the lease Term shall be a “Lease Year.” b.Landlord shall provide Tenant, its agents and contractors access to the Premises on the later of (i) full execution of this Lease, or (ii) April 1, 2022, for the purpose of installing Tenant’s furniture, fixtures and data systems and equipment. All terms of this Lease, including but not limited to the obligations to carry the insurance required in the Lease, shall be in effect during such “Early Access Period”; provided, however, Tenant shall have no obligation to pay Base Rent during such Early Access Period. The Early Access Period shall terminate on the Effective Date of the Lease Term. c.Tenant shall have the one-time right to extend the Term of this Lease as set forth in Exhibit A, attached to this Lease and incorporated herein. 3.Base Rent. During the lease Term, Tenant will pay to Landlord, without any offset, deduction or abatement whatsoever, rent for the full Term in the amount specified in the below Base Rent Summary Table (“Base Rent”). If the first or last month of the Term is less than a calendar month, the monthly Base Rent for such month or months will be prorated based upon the actual number of days in the month. All amounts payable by Tenant to Landlord under this Lease will constitute “Rent.” All payments of Rent will be made, without offset, deduction or abatement of any kind, to Landlord at the address specified above or such other address of which Landlord provides notice to Tenant. Any Rent not paid when due will accrue interest at the rate of 12% per annum, but not in excess of the maximum rate allowed by applicable law, from the date due until the date paid (“Default Interest”). a.Base Rent Summary Table: Base Rent shall be the following amounts for the following periods of time: ATTACHMENT 1 2 4.Security Deposit. Tenant has paid Landlord the amount of $5,000.00 as a security deposit (the “Security Deposit”) to secure the performance of Tenant’s obligations under this Lease. The Security Deposit will not bear interest and may be held by Landlord and comingled with Landlord’s other funds. All or any portion of the Security Deposit may be used by Landlord at any time to: (i) cure any default by Tenant hereunder, (ii) repair any damage (excluding ordinary wear and tear) to the Premises, including, but not limited to, any damage to furniture, fixtures and equipment owned by Landlord or by the Other Tenants, caused by Tenant or a Tenant Party (as defined below), or (iii) clean the Premises upon termination of this Lease. The Security Deposit will not be used by Tenant in lieu of the payment of the last monthly installment of Rent due hereunder. The Security Deposit will be returned to Tenant, less any deductions permitted hereunder, not later than 60 days after termination of this Lease. 5.Use. Tenant will use and occupy the Premises for the purpose of general office use and for no other purpose without the prior written consent of Landlord. Tenant’s use will be subject to the zoning, fire, building and health laws and other Laws (as defined below). Tenant will not use the Premises for any unlawful purpose. 6.Condition of Premises. The Premises are being leased in “as is” condition, and Landlord will have no obligation to perform any work to prepare the Premises for Tenant’s use or occupancy. Tenant’s taking occupancy of the Premises will be conclusive evidence of Tenant’s acceptance of the Premises in their condition on the date of occupancy. Tenant shall have the use of the furniture that is in the Premises at the time of the Effective Date; provided, however, such furniture shall remain the property of Landlord. 7.Landlord Development. Tenant understands, acknowledges, and is aware that the Premises is a part of a larger parcel of real estate owned, or to be owned, by Landlord, which Landlord intends to develop to accommodate a multifamily housing project (the “Housing Project”). Tenant recognizes that the development of the Housing Project will require construction activities on and near the Premises. Such construction of the Housing Project may require certain accommodations from Tenant, including relocation of signage, access to the Premises, and parking, and Tenant agrees to reasonably cooperate in adjustments to the foregoing and cooperate with Landlord (or its affiliates) as may be reasonably necessary for the Lease Year Annual Base Rent Rate Monthly Base Rent Year One $162,000.00 $13,500.00 Year Two $180,000.00 $15,000.00 Year Three $180,000.00 $15,000.00 Year Four $185,400.00 $15,450.00 Year Five (through the Lease Expiration Date) $190,962.00 $15,913.50 3 development of the Housing Project, and any similar reasonable adjustments to the use of the Premises as may be required due to the construction and development of the Housing Project. Any such activities arising from or relating to the Housing Project, including without limitation noise, vibration, and dust, shall not constitute an eviction of Tenant, constructive eviction of Tenant, breach of this Lease by Landlord, or otherwise entitle Tenant to any remedy. Further, Tenant understands that, as a condition to the financing of the Housing Project, the Tenant may be required to subordinate the lease to such financing and/or execute such other documents and instruments and/or make reasonable amendments to the Lease necessary for Landlord (or Landlord’s affiliates development of the Housing Project 8. Alterations. Tenant will not, without first obtaining the written consent of Landlord, which consent will not be unreasonably withheld, delayed or conditioned, make any alterations, additions, or improvements, in, to, on or about the Premises. 9. Compliance with Laws. Tenant will comply with all statutes, ordinances, regulations, codes and other requirements of all governmental authorities now in force, or which may hereafter be in force, pertaining to the Premises or the use or occupancy thereof by Tenant (collectively, “Laws”). 10. Assignment and Subletting. Tenant will not assign this Lease, or sublet or grant any right to use the Premises or any part thereof to any other person without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Any assignment or subletting without Landlord’s consent will be void. Any transfer of any legal or beneficial interest in Tenant, including, but not limited to, by merger, consolidation or liquidation, will constitute an assignment of this Lease under this Section. 11. Utilities. a. All applications and connections for sewer, water, gas, and electricity for use of the Premises will be made in the name of Landlord, and Landlord will be solely liable for such utility charges as they become due. b. All applications and connections for telephone, telecommunication, internet and other utility services for use of the Premises not identified in the above Section 11.a will be made in the name of Tenant only, and Tenant will be solely liable for such utility charges as they become due. Tenant shall provide for all janitorial services at the Premises. c. Landlord shall provide at least a single, 2-cubic-yard dumpster for Tenant’s use, and Tenant shall be responsible for the emptying of such dumpsters and all costs and expenses associated therewith. d. Landlord will not be liable to Tenant for damages or otherwise for any failure or interruption of any utility service furnished to the Premises or used by Tenant, and no such failure or interruption will entitle Tenant to withhold any Rent or to terminate the Lease. 12. Taxes and Assessments. [Intentionally omitted]. 13. Entry and Inspection. Tenant will permit Landlord or Landlord’s agents to enter upon the Premises, at reasonable times and upon reasonable notice, for the purpose of inspecting 4 the same, performing any obligations or exercising rights of Landlord as contemplated in this Lease. Landlord shall provide Tenant with 24 hours advance notice, except in the case of an emergency that, in Landlord’s opinion, is a life, safety and wellness emergency for the Premises. 14. Indemnification of Landlord. Landlord will not be liable for any injury (including, but not limited to, death) to Tenant, its members, partners, shareholders, directors, officers, agents, employees, contractors or invitees (each a “Tenant Party”), or damage to or destruction of any property, occurring on the Premises or any part thereof or arising out of the use or occupancy of the Premises by Tenant or any Tenant Party. Within the limitations of the Colorado Constitution and statutes, Tenant will indemnify and hold Landlord and its members, partners, shareholders, directors, officers, agents and employees harmless from any action, cause of action, loss, cost, claim or expense, including but not limited to reasonable attorneys’ fees, arising out of the use or occupancy of the Premises by Tenant or any Tenant Party or any breach by Tenant of any provisions of this Lease, except to the extent caused by the negligence or misconduct or breach of any provision of this Lease of or by Landlord, for which Landlord hereby agrees to similarly indemnify and hold harmless Tenant and its members, partners, shareholders, directors, officers, agents and employees. The provisions of this Section will survive the expiration or termination of this Lease. 15. Insurance. a. Tenant, at its expense, will maintain the following types and limits of insurance, issued by an insurance company licensed to issue insurance in the state in which the Premises are located and rated not less than “A-VII” by A.M. Best Company, as follows, provided, however, that Tenant’s membership in the Colorado Intergovernmental Risk Sharing Agency (CIRSA) shall satisfy the requirements of this subparagraph 15(a): i. Commercial General Liability Insurance in the amount of at least $1,000,000 per claim/occurrence and $2,000,000 in the aggregate $2,000,000 combined single limit, which policy will name Landlord as additional insured and which policy or certificate of insurance for additional insured shall include (1) a waiver of subrogation in favor of Landlord and (2)that CIRSA will endeavor to provide 30 days advance notice to Landlord and Tenant in the event of cancelation or non-renewal only. In the case of any claims-made policy, any necessary retroactive dates and extended reporting periods shall be procured to maintain continuous coverage.; ii. Commercial Property Insurance in the amount the replacement cost of the Premises of Tenant’s improvements in the Premises and Tenant’s business personal property, equipment, which will include a waiver of subrogation in favor of Landlord; and iii. Worker’s Compensation Insurance as required by Laws and Employer’s Liability insurance in the amount of at least $1,000,000. Such coverage will be provided by Tenant separate and apart from the coverage provided by CIRSA. b. Landlord, at its expense, will maintain the following types and limits of insurance, issued by an insurance company licensed to issue insurance in the state in which the Premises are located, as follows: 5 i. Commercial General Liability Insurance in the amount of at least $1,000,000 per occurrence and $2,000,000 in the aggregate; and ii. Commercial Property Insurance in the amount of the replacement cost of the building located on the Property. Tenant, within 5 business days after any request therefor, will furnish to Landlord copies of the policies or such other evidence of the insurance carried by Tenant as Landlord may reasonably request. 16. Repairs and Maintenance. a. Tenant Obligations. Except as otherwise expressly provided in the “Landlord Obligations” Section below, Tenant, at Tenant’s sole cost and expense, shall maintain the Premises in good, clean and safe condition.Tenant, at its sole cost, shall be responsible for the following: security;, trash and recyclables collection services; all telephone, telecommunications, data and other communication lines and equipment serving the Premises. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises to Landlord’s reasonable satisfaction, which failure continues at the end of 15 days following delivery of notice by Landlord to Tenant describing such failure, or in the case of an emergency immediately without prior notice, Landlord shall have the right to enter the Premises and perform such maintenance at Tenant’s sole cost and expense (including a sum for overhead to Landlord equal to 10% of the costs of maintenance, repairs or refurbishing). Tenant shall maintain written records of maintenance and deliver copies thereof to Landlord upon request. Notwithstanding anything contained in this Lease to the contrary, Tenant shall be solely responsible for all costs and expenses incurred by Landlord for any Alterations, or other Maintenance made necessary because of the negligent acts or omissions of Tenant or any Tenant Party (including, without limitation, Tenant alterations and/or Tenant maintenance work, Tenant’s special or particular use of the Premises and Tenant voiding a warranty that would otherwise have covered a cost), in each case, to the extent not covered by applicable insurance proceeds paid to Landlord (Tenant being responsible for Landlord’s commercially reasonable deductible notwithstanding the waiver of claims set forth in the “Mutual Waiver of Subrogation” subsection above). In addition to the foregoing, Tenant shall be responsible for the following: snow and ice removal, janitorial services to the Premises, and exterior pest control. b. Landlord Obligations. Landlord shall: (a) at Landlord’s sole expense, without reimbursement from Tenant, maintain the Premises in good and safe condition, normal wear and tear excepted, including, without limitation, the following: (a) the systems serving the Premises (including, without limitation, exterior lighting and supplemental life safety systems relating to Tenant’s use of the Premises, specialty sprinkler systems and fire suppression systems; (b) all fixtures and equipment in the Premises (including, without limitation, subfloors and floor coverings, all interior and exterior doors and windows; (c) any fencing exclusively serving the Premises; and (d) the demarcation point or any other point of utility hook up or connection, in each case, relating to utilities used by Tenant. In addition to the foregoing, (i) maintain the Premises footings, the floor/concrete slab, foundations, structural steel columns and girders, and (ii) replace, to the extent necessary and appropriate (as reasonably determined by Landlord), the (iii) structural portions of the roof (i.e., joists and decking), (iv) structural portion of exterior walls; (v) the non-structural portions of the Premises exterior walls (including, without limitation, exterior façade painting and caulk repair) and roof (including, without 6 limitation, insulation, flashings and membrane); (vi) the life safety systems (including, but not limited to, fire sprinkler systems, fire pumps and fire alarm panels and devices); (vii) the main utility lines to the point of connection into the Premises (e.g., main electricity and water/sewer service to the Building); (viii) the irrigation systems, storm water facilities and detention ponds, if any; (ix) exterior landscaping, asphalt/concrete, sidewalks, parking areas, loading areas and driveways). In addition to the foregoing, Landlord shall be responsible for the following: exterior window cleaning and maintenance and repair; exterior stair systems; and sanitary lift stations. Notwithstanding the foregoing, Landlord shall not be required to make any repairs resulting from fire or other casualty or a Taking, except as provided in this Lease. Tenant shall immediately notify Landlord in writing if Tenant becomes aware of (a) any areas of water intrusion or mold in or about the Premises, or (b) any condition that is Landlord’s responsibility to maintain. 17. No Subrogation; Waiver of Property Claims. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant each hereby assumes all responsibility for insuring, and waives its entire right of recovery against the other (and, as to Tenant’s waiver, against Landlord’s property manager) for, any and all loss of or damage to real and personal property of the other party and its loss of business income, caused by or arising out of a cause of loss insured or that could have been insured against by a Causes of Loss – Special Form policy of property insurance with additional flood and loss of business income coverage, even if this loss or damage is due to the negligence of the other party (or, as to Tenant’s waiver) Landlord’s property manager), or their respective agents, employees or contractors. These waivers include a waiver by each of Tenant and Landlord of all rights of subrogation that its property insurers may have against the other (and, as to Tenant’s waiver, against Landlord’s property manager). If either party’s insurance covering property loss or damage does not permit, or advises against a named insured against waiving the insurer’s rights of subrogation, then the party shall either (i) request its insured to waive in a particular case or (ii) request that policy must include an endorsement in which the insurer waives all of its rights of subrogation against the other party (and, as to Tenant’s insurance policy, Landlord’s property manager). 18. Covenants. Tenant will, throughout the Term, keep the Premises in a good, safe and sanitary condition, ordinary wear and tear, excepted. Tenant will not do, or permit to be done, any act on the Premises which will invalidate the Certificate of Occupancy or the terms of the property or other insurance policies covering the Premises or constitute waste or a public or private nuisance. Tenant will not do, or permit to be done, anything in a manner which will increase the rate of insurance over the rate in effect at the commencement of the term of this Lease. Tenant covenants and agrees that nothing will be done or kept in the Premises that might be unsafe or hazardous to any person or property. Tenant will not permit or suffer, and Tenant agrees to cause to be removed and released within 10 days after the filing thereof, any mechanic’s, materialman’s or other lien on account of supplies, machinery, tools, equipment, labor or material furnished or used in connection with work on the Premises by, through or under Tenant. 19. Hazardous Substances. Except in strict compliance with all Laws, Tenant will not cause, permit or suffer any Hazardous Materials to be brought upon, treated, kept, stored, disposed of, discharged, released, produced, manufactured, generated, refined or used upon, about, beneath or from the Premises. The term “Hazardous Materials” means any substance, material, or waste which is now or hereafter classified or considered to be hazardous, toxic, or dangerous under any Laws relating to pollution or the protection or regulation of human health, 7 natural resources or the environment, or poses or threatens to pose a hazard to the health or safety of persons on the Premises. 20. Eminent Domain. If the Premises or any part thereof is taken by eminent domain so that that Tenant’s use or occupancy thereof is materially adversely affected, this Lease will, at the option of Tenant, terminate on the date when title vests pursuant to such taking. The Rent will be apportioned as of the termination date, and any Rent paid for any period beyond that date will be repaid to Tenant. Tenant will not be entitled to any part of the award for such taking or any payment in lieu thereof, but Tenant may file a claim for any taking of fixtures and improvements owned by Tenant, and for moving expenses. If Tenant does not elect to terminate this Lease, this Lease will remain unmodified and in full force and effect as to the remainder of the Premises. 21. Destruction of Premises. In the event of damage or destruction of the Premises or any improvements thereon during the Term hereof, from any cause, Landlord will promptly repair the same, provided that such repairs can be made within 180 days from the date of the damage or destruction and with the amount of the proceeds of property insurance available therefor (plus any amounts Tenant agrees to pay for such repairs) in accordance with then existing Laws, but such damage or destruction will not terminate this Lease, except that Tenant will be entitled to a proportionate reduction of Rent while such repairs are being made, based upon the extent to which the making of such repairs will interfere with the business and activities conducted by Tenant on the Premises. If such repairs cannot be made within the 180 days, or the proceeds of property insurance (and any amounts Tenant agrees to pay for such repairs) are insufficient to complete such repairs, Landlord will, within 30 days following the date of the damage or destruction, give notice to Tenant of such fact (“Landlord’s Notice”), whereupon this Lease may be terminated at the option of either party by notice given, if by Landlord at the time of Landlord’s Notice and, if by Tenant, within 30 days after the giving of Landlord’s Notice. If this Lease is not so terminated, Landlord will proceed diligently to make such repairs and restore the Premises or such improvements to their condition prior to the casualty, and Tenant will make the proceeds of insurance attributable to the Premises available to Landlord for such purpose. 22. Event of Default. An “Event of Default” will occur if Tenant fails to pay any Rent on the date due and such failure is not cured within 5 days thereafter, or if Landlord or Tenant defaults in the performance of any of the other covenants or conditions of this Lease, and the defaulting party does not cure such default within 10 days after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such 10-day period, if the defaulting party does not commence such curing within such 10 days or thereafter fails to proceed with reasonable diligence and in good faith to cure such default). a. Remedies on Default. Upon an Event of Default, Landlord will have the following remedies: i. Landlord may terminate this Lease upon thirty (30) days’ written notice to Tenant. On the date specified in such notice the Term of this Lease will terminate, and Tenant will then quit and surrender the Premises to Landlord, but Tenant will remain liable for any amounts due Landlord under the terms of this Lease less the reasonable rental value of the Premises. If this Lease will have been so terminated by Landlord, Landlord may at any time thereafter take possession of the Premises by any lawful means and remove Tenant or other occupants and their effects from the Premises. 8 ii. Instead of terminating this Lease, Landlord may take possession of the Premises by any lawful means and remove Tenant or other occupants and their effects from the Premises, and thereafter Landlord may, but will not be obligated to, re-let the Premises for the account of Tenant on such terms and conditions as Landlord may elect (including, but not limited to, for a term longer than the Term), in which case Tenant will remain liable for the Rent hereunder as and when due less any amount obtained by Landlord from such reletting (net of all costs and expenses incurred by Landlord in such reletting). iii. Landlord will be entitled to (i) unpaid past-due Rent as of the date of the termination, plus Default Interest; (ii) unpaid Rent as of the date of entry of judgment, less any Rent actually paid by a replacement tenant, plus Default Interest; (iii) costs of re-letting, if any, including, but not limited to, tenant improvement costs, brokers fees, attorneys’ fees, etc., plus Default Interest; and (iv) the present value of all future Rent through the end of the Term, less the present value of any future Rent owing by any replacement tenant. iv. In addition, Landlord may recover from Tenant all damages Landlord may incur by reason of such default by Tenant. v. Should Tenant at any time fail to do the acts required to be done by Tenant under this Lease, Landlord, at its option and in addition to any other rights and remedies which Landlord may have, may (but will not be required to) do such act or cause the same to be done, and all sums expended by Landlord in connection with the performance thereof will be additional Rent due and payable from Tenant to Landlord upon demand, together with Default Interest. b. Upon an Event of Default, Tenant will have the following remedies: i. Tenant may terminate this Lease upon 30 days’ written notice to Landlord. On the date specified in such notice the Term of this Lease will terminate, and Tenant will then quit and surrender the Premises to Landlord, but Tenant will remain liable for any amounts due Landlord up to the date of termination, but not after that date. Tenant will not be responsible for any amounts for rent during the remaining term of the terminated Lease. If this Lease will have been so terminated by Tenant, Landlord may at any time thereafter the date specified in the notice take possession of the Premises by any lawful means. ii. Should Landlord at any time fail to do the acts required to be done by Landlord under this Lease, Tenant, upon providing ten (10) days written notice to Landlord, at its option and in addition to any other rights and remedies which Tenant may have, may (but will not be required to) do such act or cause the same to be done, and all reasonable sums expended by Tenant in connection with the performance thereof will be reimbursed to Tenant by Landlord. (c) The remedies of Landlord and Tenant hereunder are cumulative and in addition to all other remedies Landlord and tenantmay have in law or equity on account of any breach of this Lease. 23. Signage. Tenant, at its sole cost, shall have the right to place, construct and maintain exterior signs on the Premises advertising its business. Landlord shall have the right to approve any such signs, which approval shall not be unreasonably withheld, delayed or otherwise conditioned, and any sign that Tenant has the right to place, construct and maintain shall comply with all applicable laws, codes and any and all covenants. Upon termination of the 9 Lease, Tenant shall remove any sign so placed and repair any damage or injury to the Premises caused thereby. 24. Parking. Tenant, its employees, licensees, and invitees shall have the non- exclusive right to park in no more than twenty-two (22) non-reserved parking spots designated by Landlord, (the “Parking Spaces”). Tenant understands and acknowledges, without limiting the non-exclusive nature of the Parking Spaces, Landlord and/or its affiliate shall have a right to enter into a separate use agreement for the use of two (2) of the Parking Spaces, on a non- exclusive basis, with the Landlord or Landlord’s affiliate that is developing a multifamily housing property that will be constructed adjacent to the Premises, (the “Ives Parking Spaces”). Tenant shall reasonably cooperate with the use of the Ives Parking Spaces and provide such consents, instruments, acknowledgments, estoppels or other similar instruments with respect to the Ives Parking Spaces reasonably requested by third parties. Tenant shall comply with all parking regulations promulgated by Landlord from time to time for the orderly use of the vehicle parking area. Further, Tenant shall reasonably cooperate with Landlord and Landlord’s affiliate for the use of the Parking Spaces in connection with tenant’s temporary use and interruption of Tenant’s use of the Parking Spaces as a result of Landlord’s reconstruction or repair of the parking area that includes the Parking Spaces. Tenant agrees not to overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of parking facilities. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties. The parking spaces shall be used for parking by vehicles no larger than full-size passenger automobiles, SUVs or pick-up trucks (“Permitted Size Vehicles”). No vehicle or equipment shall remain upon the parking area longer than 72 hours. Parked vehicles shall not be used for vending or any other business or other activity while parked in the parking areas. All vehicles entering or parking in the parking areas shall do so at owner’s sole risk and Landlord assumes no responsibility for any damage, destruction, vandalism or theft. 25. Attorney’s Fees. If any suit should be brought for recovery of the Premises, or for any sum due hereunder, or because of any act or which may arise out of or relating to this Lease or the use or occupancy of the Premises, by either party, the prevailing party will be entitled to all costs incurred in connection with such suit, including, without limitation, reasonable attorney's fees. 26. Estoppel. Tenant shall, within 10 business days after delivery of written notice by Landlord from time to time, execute and deliver to Landlord a commercially reasonable estoppel certificate to those parties as are reasonably requested by Landlord (including a Mortgagee or prospective purchaser) (it being agreed that, without limitation, such estoppel certificate may include a certification as to the status of this Lease, the existence of any Events of Default and the amount of Rent that is due and payable). 27. Force Majeure. If either party to this Lease is prevented from performing any obligation under this Lease by a Force Majeure, such obligation shall be excused during (and any time period for the performance of such obligation shall be extended by) the period during which the Force Majeure continues; provided, however, that this Section shall not (a) permit Tenant to hold over in the Premises after the Lease Expiration Date, or (b) excuse (or extend any time period for the performance of) (i) any obligation to pay Rent, otherwise remit money or deliver credit enhancement, and (ii) any indemnity or waiver obligation of Tenant. 10 28. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, THE LIABILITY OF LANDLORD (AND OF ANY SUCCESSOR LANDLORD) SHALL BE LIMITED TO THE INTEREST OF LANDLORD IN THE PREMISES. TENANT SHALL LOOK SOLELY TO LANDLORD’S PREVIOUSLY DEFINED INTEREST IN THE PREMISES FOR THE RECOVERY OF ANY JUDGMENT OR AWARD AGAINST LANDLORD OR ANY LANDLORD INDEMNITEES. NEITHER LANDLORD NOR ANY LANDLORD INDEMNITEES SHALL BE PERSONALLY LIABLE FOR ANY JUDGMENT OR DEFICIENCY, AND IN NO EVENT SHALL LANDLORD OR ANY LANDLORD INDEMNITEES OR MORTGAGEES BE LIABLE TO TENANT FOR LOST PROFIT, DAMAGE TO OR LOSS OF BUSINESS OR ANY FORM OF PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE. LANDLORD SHALL NOT BE LIABLE FOR ANY BREACH UNLESS TENANT PROVIDES NOTICE SPECIFYING THE BREACH AND LANDLORD FAILS TO CURE THE BREACH WITHIN A REASONABLE PERIOD OF TIME AFTER DELIVERY OF THE NOTICE. WHENEVER LANDLORD TRANSFERS ITS INTEREST, LANDLORD SHALL BE AUTOMATICALLY RELEASED FROM FURTHER PERFORMANCE UNDER THIS LEASE AND FROM ALL FURTHER LIABILITIES AND EXPENSES HEREUNDER AND THE TRANSFEREE OF LANDLORD’S INTEREST SHALL ASSUME ALL LIABILITIES AND OBLIGATIONS OF LANDLORD HEREUNDER ARISING FROM THE DATE OF SUCH TRANSFER. 29. Surrender. Upon the expiration of the Term or earlier termination of this Lease, Tenant will surrender possession of the Premises to Landlord, broom clean and in the same condition as when Tenant first occupied the Premises, ordinary wear and tear, casualty and condemnation excepted. 30. Holding Over. If Tenant holds over after the expiration of the Term, without written agreement providing otherwise, Tenant will be deemed to be a tenant from month to month, at a monthly rental, payable in advance, equal to 200% of the monthly Base Rent last payable by Tenant under this Lease. 31. Subordination; Nondisturbance; Quiet Enjoyment. This Lease is and will be subordinated to all existing and future liens and encumbrances against the Premises; provided, however, that Tenant’s use and occupancy of the Premises will not be disturbed by Landlord or any person claiming through or under Landlord during the Term of this Lease so long as Tenant is not in default hereunder. So long as Tenant faithfully performs all of its obligations under this Lease, Tenant will have the right to peacefully and quietly enjoy the Premises for the Term, subject to the terms and conditions of this Lease, such liens and encumbrances and all matters of record. 32. Waiver. The waiver of any breach of any term, covenant or condition herein contained will not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition contained in this Lease. 33. Notices. Any notice which either party may or is required to give, will be given by personal delivery, delivery by overnight courier or by mailing the same, postage prepaid, certified mail, return receipt requested, to Tenant or Landlord at the address specified above, or at such other places as may be designated by a party from time to time by notice to the other and will be effective upon receipt or refusal of delivery. 11 34. Governing Law. This Lease will be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction and venue for any action arising under this Lease shall be proper and exclusive in the district court for Jefferson County, Colorado. 35. Waiver of Trial by Jury. TENANT HEREBY WAIVES TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THIS LEASE, THE RELATIONSHIP BETWEEN LANDLORD AND TENANT OR TENANT’S USE OR OCCUPANCY OF THE PREMISES. 36. Successors and Assigns. This Lease is binding upon and inures to the benefit of the parties hereto and their respective heirs, personal representatives, successors and permitted assigns. 37. No Partnership. The parties hereto do not intend to create, and no provision of this Lease will be construed as creating, a partnership, joint venture, tenancy in common or joint tenancy between Landlord and Tenant, it being intended that the only relationship created by this Lease will be that of landlord and tenant. 38. Brokers. Tenant covenants to indemnify, defend and hold harmless Landlord from and against any and all costs, expenses (including, but not limited to, attorneys’ fees) or liabilities for any compensation, commission, charge or claim (whether or not meritorious) by any broker, finder or other person with respect to this Lease or the negotiation thereof as a result of the dealings of Tenant with any broker, finder or similar person, other than Genesee Commercial Group, representing Landlord. The broker representing Landlord will be compensated by Landlord and any broker representing Tenant will be compensated by Tenant. 39. Time of the Essence. Time is of the essence as to all of the terms and conditions of this Lease. 40. No Recording. Tenant will not file or record this Lease nor any memorandum thereof in any public record, including without limitation the real property records of the county in which the Premises are located. 41. Entire Agreement. This Lease constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. 12 The parties have executed this Lease as of the day and year first written above: Landlord: JEFFERSON COUNTY HOUSING AUTHORITY, a political subdivision of the State of Colorado, d/b/a Foothills Regional Housing By: Name: Title: Tenant: City of Wheat Ridge ________________________________, a _____________________________ By: Name: Title: A-1 EXHIBIT A to LEASE AGREEMENT OPTION TO RENEW 1. Option to Renew. (a) Provided that Landlord has not given Tenant notice of default more than two times and that there then exists no default by Tenant under the Lease, Tenant shall have the right and option (the “Extension Option”) to extend the Term of this Lease for one (1) additional period of 12 months (the “Extension Period”), exercisable by giving Landlord prior written notice, on or before a date that is no earlier than twelve (12) months or later than nine (9) months prior to the Lease Expiration Date, of Tenant’s election to extend the Term; it being agreed that time is of the essence and that this option is personal to Tenant and is non-transferable to any assignee or sublessee. (b) Such Extension Period shall be under the same terms and conditions as provided in the Lease except as follows: (i) the Extension Period shall begin on the day after the initial Lease Expiration Date and thereafter the Lease Expiration Date shall be deemed to be the last day of the Extension Period; (ii) there shall be no further options to extend other than as set forth in paragraph (a) above; (iii) the Base Rent for the Extension Period shall be equal to the greater of (i) the Base Rent payable in the immediately preceding Lease Year, or (ii) the fair market rental value of the Premises (the “FMR”) as of the date the Tenant exercises its Extension Option. (c) In determining the FMR, Landlord shall take into account and make appropriate adjustments to reflect current market terms, conditions and concessions for similar renewal transactions in similar office buildings that are then generally available in the market where the Premises are located as of the date Tenant exercises its Extension Option. Landlord can decide not to calculate the FMR, in which case the Base Rent for the first year of the Extension Period shall be equal to the Base Rent payable in the immediately preceding Lease Year. In the alternative, within 15 days after Landlord receives notice of Tenant’s exercise of the Extension Option, Landlord will give notice to Tenant (the “FMR Notice”) of Landlord’s opinion of the FMR and comparing the FMR to the Base Rent payable in the immediately preceding Lease Year. If Tenant does not respond to the FMR Notice within 15 days after delivery, Landlord’s opinion of the FMR shall be deemed accepted as the Base Rent due for the Extension Period. If, during such 15-day period, Tenant gives Landlord notice that Tenant contests Landlord’s determination of the FMR (an “Objection Notice”), which notice must contain therein Tenant’s opinion of the FMR, the parties will attempt to arrive at a mutually agreeable FMR. If Landlord and Tenant cannot agree as to the FMR within 15 days after Landlord’s receipt of the Objection Notice, the FMR shall be determined by appraisal. Within 10 days after the expiration of such A-2 15-day period, Landlord and Tenant shall give written notice to the other setting forth the name and address of an appraiser designated by the party giving notice. All appraisers selected shall be members of the American Institute of Real Estate Appraisers and shall have had at least 10 years continuous experience in the business of appraising industrial buildings in the market area where the Premises are located. If either party shall fail to give notice of such designation within the time period provided, then the party who has designated its appraiser (the “Designating Party”) shall notify the other party (the “Non-Designating Party”) in writing that the Non- Designating Party has an additional 10 days to give notice of its designation, otherwise the appraiser, if any, designated by the Designating Party shall conclusively determine the FMR. If two appraisers have been designated, such appraisers shall attempt to agree upon the FMR. If the two appraisers do not agree on the FMR within 20 days of their designation, the two appraisers shall designate a third appraiser. If the two appraisers shall fail to agree upon the identity of a third appraiser within 5 business days following the end of such 20-day period, then either Landlord or Tenant may apply to the American Arbitration Association, or any successor thereto, for the settlement of the dispute as to the designation of the third appraiser and the American Arbitration Association shall designate a third appraiser in accordance with the Real Estate Valuation Arbitration Rules of the American Arbitration Association. Each of Landlord and Tenant shall furnish each of the three appraisers with a copy of their respective final determinations of the FMR. The third appraiser shall proceed with all reasonable dispatch to determine whether Landlord's final determination of the FMR or Tenant's final determination of the FMR most closely reflects the FMR, and the determination of FMR chosen by the third appraiser as more accurate shall be the FMR for purposes of this Exhibit. For avoidance of doubt, in no event shall the third appraiser have the right (i) to average the final determination of the FMR of Landlord and Tenant or (ii) to choose another rate. The decision of such third appraiser shall in any event be rendered within 30 days after his/her appointment, or within such other period as the parties shall agree, and such decision shall be in writing and in duplicate, one counterpart thereof to be delivered to each of the parties. Any dispute regarding the determination of FMR as described in this Exhibit shall be submitted to arbitration conducted in accordance with the rules of the American Arbitration Association (or its successor) and applicable laws. The FMR as determined in accordance with the provisions of this Section shall be final and binding upon Landlord and Tenant. ITEM NO: 2 DATE: June 13, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 09-2022 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10101 W. I-70 FRONTAGE ROAD NORTH FROM COMMERCIAL-ONE (C-1) TO MIXED USE-COMMERCIAL INTERSTATE (MU-C INTERSTATE) (CASE NO. WZ-22-05) PUBLIC HEARING ORDINANCES FOR 1ST READING (06/13/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/11/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU-C Interstate) for property located at 10101 W. I-70 Frontage Road North. The zone change will result in a zoning that enables revitalization and redevelopment of the site by expanding permitted uses. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on June 2, 2022 and recommended approval. The staff report and a copy of the draft Planning Commission minutes will be provided with the second reading materials. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $700 were collected for the review and processing of Case No. WZ-22-05. If the rezoning is approved, the City may benefit from various fees collected depending on how the property is repurposed in the future, such as building permit fees or sales tax. Council Action Form – Proposed Rezoning at 10101 W. I-70 Frontage Road North June 13, 2022 Page 2 BACKGROUND: The property is located on the north side of Interstate-70 on the I-70 Frontage Road, between Miller Street and Kipling Street. There are currently five access points into the site from the I-70 Frontage Road and W. 49th Avenue. Land on all sides of the property has been dedicated as public right-of-way. The property is currently zoned Commercial-One (C-1). The property is approximately 230,650 square feet in size (5.295 acres) and contains the 91,571-square foot American Motel built in 1975. The hotel is considered legally nonconforming because hotels are now considered Special Uses in the code, but the property was developed before that requirement was in place. Adjacent properties include a mix of zoning designations and land uses. To the north is a property zoned Planned Industrial Development (PID) including an industrial building with a plumbing supply company. To the northeast is the Blue Grass Terrace Shopping Center including an auto parts store, salon, and a variety of quick serve restaurants. Immediately east of the site is Hopper’s Sports Grill, zoned C-1. To the west is a used car dealership and properties zoned C-1 and Agricultural-One (A-1). The property is adjacent to I-70 to the south. Current Zoning The current zone district, C-1, is a legacy zone district dating back to 1972 and was established to provide commercial land uses which include office, general business, and retail sales and service establishments. It was originally designed for and is more often seen on larger properties with adjacency to lower density residential uses. Proposed Zoning The applicant is requesting the property be rezoned to MU-C Interstate, a zone district established to accommodate a wide range of uses from residential to commercial. This district is intended for properties that are generally within five hundred (500) feet of I-70 and that are located on a commercial corridor with direct access to I-70. It follows the MU-C framework but is intended for highway-adjacent sites that may require variation in design or land use due to direct proximity to the interstate. The highway-adjacency allows for more auto-oriented uses than compared to other mixed use districts. The MU-C Interstate zone district is more appropriate than C-1 in terms of allowed land uses and will expand the permitted uses on the subject property. The proposed zoning would enable reinvestment by allowing a wider range of uses, encouraging a better utilization of land, and ensuring high quality urban design. A full analysis of the zone change criteria will be provided in the Planning Division staff report at second reading. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Council Action Form – Proposed Rezoning at 10101 W. I-70 Frontage Road North June 13, 2022 Page 3 First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Division staff report and Planning Commission minutes will be included in the City Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 09-2022, an ordinance approving the rezoning of property located at 10101 W. I-70 Frontage Road North from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU-C Interstate) on first reading, order it published, public hearing set for Monday, July 11, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner I Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 09-2022 ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 09 ORDINANCE NO. _________ Series of 2022 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10101 W. I-70 FRONTAGE ROAD NORTH FROM COMMERCIAL-ONE (C-1) TO MIXED USE-COMMERCIAL INTERSTATE (MU-C INTERSTATE) (CASE NO. WZ-22-05) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, Anthony Sherman has submitted a land use application for approval of a zone change to the Mixed Use-Commercial Interstate (MU-C Interstate) zone district for property located at 10101 W. I-70 Frontage Road North; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge— which specifically designates the area surrounding the I-70 and Kipling interchange, including the subject site, as a priority area for infill and high-quality redevelopment; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on June 2, 2022 and voted to recommend approval of rezoning the property to Mixed Use-Commercial Interstate (MU-C Interstate). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Anthony Sherman for approval of a zone change ordinance from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU- C Interstate) for property located at 10101 W. I-70 Frontage Road North, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: LEGAL DESCRIPTION PARCEL A: THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1 /4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPT THE WEST 30 FEET, AND EXCEPT THE NORTH 20 FEET THEREOF, AN0 EXCEPT THAT PORTION CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, BY INSTRUMENT RECORDED SEPTEMBER 2, 1966 IN BOOK 1895 AT PAGE 46, AND EXCEPT THAT PORTION CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, BY INSTRUMENT RECORDED FEBRUARY 2, 1984 UNDER RECEPTION NO. 84010595, AND EXCEPT THAT PART CONVEYED TO THE CITY OF WHEAT RIDGE BY DEED RECORDED AUGUST 15, 1988 AS RECEPTION NO. 88079313, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THAT PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 16, THENCE SOUTH 0°21’ EAST ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, 318.98 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF THE STATE HIGHWAY AS DESCRIBED IN BOOK 1588 AT PAGE 508 OF THE JEFFERSON COUNTY RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE NORTH 79°01'30” EAST ALONG SAID NORTHERLY LINE 260. 35 FEET TO THE SOUTHWEST CORNER OF PROPERTY DESCRIBED LN BOOK 2059 AT PAGE 787, THENCE NORTH 246.97 FEET AND ALONG THE WEST LINE OF PROPERTY DESCRIBED IN BOOK 2059 AT PAGE 787 TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 89°14'30" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, 82.52 FEET, MORE OR LESS TO THE NORTHEAST CORNER OF PROPERTY DESCRIBED IN BOOK 1288 AT PAGE 505; THENCE CONTINUING SOUTH 89°14'30" WEST, ALONG THE NORTH LINE OF SAID PARCEL DESCRIBED IN BOOK 1288 AT PAGE 505, 175.0 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE SOUTH, ALONG SAID WEST LINE 298.98 FEET, MORE OR LESS, TO SAID TRUE POINT OF BEGINNING; EXCEPT THE NORTH 10 FEET OF THE EAST 82.52 FEET OF SAID PARCEL, DESCRIBED IN BOOK 1288 AT PAGE 505 AND AS DESCRIBED IN BOOK 1897 AT PAGE 557, AND EXCEPT THAT PART CONVEYED TO THE CITY OF WHEAT RIDGE BY DEED RECORDED AUGUST 15, 1988 AS RECEPTION NO. 88079313, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 13th day of June, 2022, ordered it published with Public Hearing and consideration on final passage set for Monday, July 11, 2022 at 7:00 o’clock p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado if allowed to meet in person on that date per COVID-19 restrictions, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2022. SIGNED by the Mayor on this _______ day of _______________, 2022. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: June 16, 2022 2nd publication: Jeffco Transcript: Effective Date: ITEM NO: 3 DATE: June 13, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 13-2022 - AN ORDINANCE AMENDING SECTION 16-107 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HARASSMENT AND STALKING PUBLIC HEARING ORDINANCES FOR 1ST READING (06/13/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/27/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________ __________________________ City Attorney City Manager ISSUE: Council Bill 13-2022 amends the local definition of criminal harassment to comply with a recent decision of the Colorado Supreme Court. PRIOR ACTION: None. FINANCIAL IMPACT None. BACKGROUND: On March 28, 2022, the Colorado Supreme Court issued its decision in People v. Moreno, 2022 CO 15 (Colo. 2022). In Moreno, the Court reviewed a district court's order invalidating part of Colorado's harassment statute. The lower court found that the phrase "intended to harass" in the State statute unconstitutionally restricts protected speech. The Colorado Supreme Court agreed and definitively invalidated this portion of the State’s harassment statute. The Wheat Ridge Code harassment provision mirrors the State statutory language. Therefore, it is necessary to remove from the Wheat Ridge Code the language that was recently declared unconstitutional by the Moreno decision. While this Section is being amended, staff recommends Council Action Form – Harassment and Stalking Ordinance June 13, 2022 Page 2 that we modernize its language to include more modern forms of communication (text, instant messaging, etc.). RECOMMENDATIONS: Staff recommends approval of the ordinance on first reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 13-2022, an ordinance amending Section 16-107 of the Wheat Ridge Code of Laws concerning harassment and stalking on first reading, order it published, public hearing set for Monday, June 27, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 13-2022, an ordinance amending Section 16-107 of the Wheat Ridge Code of Laws concerning harassment and stalking for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Carmen Beery, City Attorney Jerry Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 13-2022 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ________________ Council Bill No. 13 Ordinance No. __________ Series of 2022 TITLE: AN ORDINANCE AMENDING SECTION 16-107 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HARASSMENT AND STALKING WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401, the City, acting through its City Council (the “Council”), is authorized to adopt rules and regulations prohibiting certain conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare; and WHEREAS, pursuant to such authority, the Council has previously defined and adopted certain general offenses, codified as Chapter 16 of the Wheat Ridge Code of Laws (“Code”), including a prohibition of harassment and stalking, codified as Code Section 16-107; and WHEREAS, since the adoption of Code Section 16-107, several developments have rendered said Section out of date, including the holding of People v. Moreno, 2022 CO 15 (Colo. 2022) and the modernization of interpersonal communication beyond the telephone; and WHEREAS, the City Council therefore finds that Code Section 16-107 should be amended to bring its language into compliance with both the legal requirements and technological landscape of today. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-107 of the Wheat Ridge Code of Laws, concerning harassment and stalking, is hereby amended as follows: Sec. 16-107. Harassment; stalking. (a) It is unlawful for any person, with intent to harass, annoy or alarm another person, to: (1) Strike, shove, kick or otherwise touch a person or subject him to physical contact. (2) In a public place, direct obscene language or make an obscene gesture to or at another person. (3) Follow a person in or about a public place or places. (4) DIRECTLY OR INDIRECTLY Initiate communication with another OR DIRECT COMMUNICATION TOWARD ANOTHER PERSON, anonymously or otherwise, either in person or by telephone, TELEPHONE NETWORK, DATA NETWORK, TEXT MESSAGE, INSTANT MESSAGE, COMPUTER, COMPUTER NETWORK, COMPUTER SYSTEM, OR ATTACHMENT 1 2 OTHER INTERACTIVE ELECTRONIC OR DIGITAL MEDIUM, in a manner intended to harass or threaten bodily injury or property damage, or which includes any comment, request, suggestion, or proposal which is obscene. (5) Make a telephone call or cause a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation. (6) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property. (7) Repeatedly insult, taunt, challenge, or make communication in offensively coarse language to another in a manner likely to provoke a violent or disorderly response. (8) Commit any two (2) or more of the acts specified in this section against the same person. (b) As used in this section, unless the context otherwise requires, "obscene" means a patently offensive description of an ultimate sexual act or solicitation to commit an ultimate sexual act, whether or not said ultimate sexual act is normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions. (c) Any act prohibited by subsections (a)(4) or (5) of this section may be deemed to have occurred or to have been committed at the place at which the telephone call OR DIGITAL OR ELECTRONIC COMMUNICATION was either made or received. (d) A person commits harassment by stalking if directly or indirectly through another person such person knowingly makes a credible threat to another person and, in connection with such threat, repeatedly follows that person or a family or household member of that person or makes a credible threat to another person and, in connection with such threat, repeatedly communicates with that person or a family or household member of that person, whether or not a conversation ensues. For purposes of this subsection (d): (1) "Credible threat" means a threat which would cause a reasonable person to be in fear for the person's life or safety or the life or safety of his/her family or household member(s); (2) "Family or household members(s)" is as defined in section 16-110(a)(3); (3) "In connection with" means acts occurring either before, during, or after the credible threat; and (4) "Repeatedly" means on more than one occasion. Section 2. 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 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the 3 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 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ______ to ______ on this 13th day of June, 2022, 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 June 27, 2022, at 7:00 o'clock p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado if allowed to meet in person on that date per COVID-19 restrictions. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to ______, this ________ day of _____________________, 2022. SIGNED by the Mayor on this ________ day of ____________________, 2022. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: June 16, 2022 Second Publication: Jeffco Transcript Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 4 DATE: June 13, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 10-2022 - AN ORDINANCE APPROVING A SITE LEASE AGREEMENT WITH T-MOBILE WEST, LLC FOR USE OF THE MUNICIPAL BUILDING CELLULAR TOWER PUBLIC HEARING ORDINANCES FOR 1ST READING (06/13/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/27/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________ __________________________ Director of Parks & Recreation City Manager ISSUE: The City owns and operates a cellular tower at City Hall and has three lease agreements with cellular companies for use of the tower. The existing tower is no longer structurally sound and needs to be replaced to accommodate upgrades of cellular equipment on the tower. New Cingular Wireless, Verizon Wireless, and T-Mobile drafted a cost-sharing agreement, which will fund the demolition of the existing cellular tower and the construction of a new cellular monopole at the same location. Approval of this ordinance will allow the City to finalize the Site Lease Agreement with T-Mobile West, LLC. PRIOR ACTION: The City has a cell tower lease in place with T-Mobile West, LLC which was signed by Mayor DiTullio on September 14, 2006. While negotiating new lease terms, the existing lease expired, and the City has provided for a month-to-month extension until a new lease is approved. FINANCIAL IMPACT: The City will have no financial obligation in the demolition of the current tower or construction of the new tower. The City will receive $3,500 in rent per month, per carrier. The lease will be in place for fifteen (15) years, with the opportunity to renew in five (5) year increments. Council Action Form – Lease with T-Mobile West, LLC June 13, 2022 Page 2 BACKGROUND: Due to aging infrastructure and changes to technology over the years, T-Mobile West, LLC, along with two other cellular carriers, would like to demolish the existing cellular tower located at City Hall and construct a new monopole cellular tower. City Staff is in support of this initiative, under the condition that the City will not share in the cost of demolition and construction. RECOMMENDATIONS: Staff recommends approval of the ordinance on first reading. If denied or postponed, there will be no impact to City operations; however, the City will not receive $3,500 per month in lease payments, per carrier, which amounts to $126,000 per year in revenue. RECOMMENDED MOTION: “I move to approve Council Bill No. 10-2022, an ordinance approving a Site Lease Agreement with T-Mobile West, LLC for use of the municipal cell tower on first reading, order it published, public hearing set for Monday, June 27, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill No. 10-2022, an ordinance approving a Site Lease Agreement with T-Mobile West, LLC for use of the municipal cell tower for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Parks & Recreation Director Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 10-2022 2. Exhibit A - T-Mobile West, LLC Site Lease Agreement CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 10 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE APPROVING A SITE LEASE AGREEMENT WITH T- MOBILE WEST, LLC FOR USE OF THE MUNICIPAL BUILDING CELLULAR TOWER WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution and governed by its elected City Council; and WHEREAS, the City Council has authority to approve leases for uses of City property; and WHEREAS, the Council wishes to approve a lease with T-Mobile West, LLC for use of the municipal building cellular tower, subject to terms and conditions of said lease; and WHEREAS, the initial term of the lease agreement shall be five (5) years commencing on the first day of the month following acceptance by the City of the new monopole tower on the facility; and WHEREAS, the initial term shall automatically renew for two (2) successive renewal terms of five (5) years each, with the opportunity for successive five (5) year terms thereafter with the with mutual and written agreement of and with both parties; and WHEREAS, upon the commencement date, T-Mobile West, LLC shall pay the City of Wheat Ridge rent in the amount of three thousand five hundred dollars ($3,500) per month. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Lease approved. The lease between the City of Wheat Ridge and T-Mobile West, LLC attached hereto as Exhibit A, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same, in form approved by the City Attorney. Section 2. Effective date. This Ordinance shall take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 13th day of June, 2022, 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 ATTACHMENT 1 June 27, 2022 at 7:00 p.m., as a virtual meeting and in Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado if allowed to meet in person on that date per COVID- 19 restrictions. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 27th day of June 2022. SIGNED by the Mayor on this _____ day of ____________, 2022. _________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: June 16, 2022 Second Publication: Jeffco Transcript Effective Date: June 27, 2022 Published: Jeffco Transcript and www.ci.wheatridge.co.us EXHIBIT A LEASE DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A T-Mobile LegalApproved4/27/22 DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A Scott DuBuke Area Director, Network Engineering & Operations 4/29/2022 DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A 4/29/2022 Area Director, Network Engineering & Operations Scott DuBuke DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A ITEM NO: 5 DATE: June 13, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2022 - AN ORDINANCE APPROVING A SITE LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF THE MUNICIPAL BUILDING CELLULAR TOWER PUBLIC HEARING ORDINANCES FOR 1ST READING (06/13/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/27/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ __________________________ Director of Parks & Recreation City Manager ISSUE: The City owns and operates a cellular tower at City Hall and has three lease agreements with cellular companies for use of the tower. The existing tower is no longer structurally sound and needs to be replaced to accommodate upgrades of cellular equipment on the tower. New Cingular Wireless, Verizon Wireless, and T-Mobile drafted a cost-sharing agreement, which will fund the demolition of the existing cellular tower and the construction of a new cellular monopole at the same location. Approval of this ordinance will allow the City to finalize the Site Lease Agreement with Version Wireless. PRIOR ACTION: The City has an existing cell tower lease in place with Verizon Wireless which was signed by Mayor DiTullio on December 13, 2011. FINANCIAL IMPACT: The City will have no financial obligation in the demolition of the current tower or construction of the new tower. The City will receive $3,500 in rent per month, per carrier. The lease will be in place for fifteen (15) years, with the opportunity to renew in five (5) year increments. Council Action Form – Lease with Verizon Wireless June 13, 2022 Page 2 BACKGROUND: Due to aging infrastructure and changes to technology over the years, Verizon Wireless, along with two other cellular carriers, would like to demolish the existing cellular tower located at City Hall and construct a new monopole cellular tower. City Staff is in support of this initiative, under the condition that the City will not share in the cost of demolition and construction. RECOMMENDATIONS: Staff recommends approval of the ordinance on first reading. If denied or postponed, there will be no impact to City operations; however, the City will not receive $3,500 per month in lease payments, per carrier, which amounts to $126,000 per year in revenue. RECOMMENDED MOTION: “I move to approve Council Bill No. 11-2022, an ordinance approving a Site Lease Agreement with Verizon Wireless for use of the municipal cell tower on first reading, order it published, public hearing set for Monday, June 27, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill No. 11-2022, an ordinance approving a Site Lease Agreement with Verizon Wireless for use of the municipal cell tower for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Parks & Recreation Director Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2022 2. Exhibit A - Verizon Wireless Site Lease Agreement CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 11 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE APPROVING A SITE LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF THE MUNICIPAL BUILDING CELLULAR TOWER WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution and governed by its elected City Council; and WHEREAS, the City Council has authority to approve leases for uses of City property; and WHEREAS, the Council wishes to approve a lease with Verizon Wireless for use of the municipal building cellular tower, subject to terms and conditions of said lease; and WHEREAS, the initial term of the lease agreement shall be five (5) years commencing on the first day of the month following acceptance by the City of the new monopole tower on the facility; and WHEREAS, the initial term shall automatically renew for two (2) successive renewal terms of five (5) years each, with the opportunity for successive five (5) year terms thereafter with the with mutual and written agreement of and with both parties; and WHEREAS, upon the commencement date, Verizon Wireless shall pay the City of Wheat Ridge rent in the amount of three thousand five hundred dollars ($3,500) per month. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Lease approved. The lease between the City of Wheat Ridge and Verizon Wireless attached hereto as Exhibit A, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same, in form approved by the City Attorney. Section 2. Effective date. This Ordinance shall take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 13th day of June 2022, 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 June 27, 2022 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat ATTACHMENT 1 Ridge, Colorado as a virtual meeting and in Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado if allowed to meet in person on that date per COVID-19 restrictions. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 27th day of June 2022. SIGNED by the Mayor on this _____ day of ____________, 2022. _________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: June 16, 2022 Second Publication: Jeffco Transcript Effective Date: June 27, 2022 Published: Jeffco Transcript and www.ci.wheatridge.co.us EXHIBIT A LEASE ITEM NO: 6 DATE: June 13, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 12-2022 - AN ORDINANCE APPROVING A SITE LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR USE OF THE MUNICIPAL BUILDING CELLULAR TOWER PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ __________________________ Director of Parks & Recreation City Manager ISSUE: The City owns and operates a cellular tower at City Hall and has three lease agreements with cellular companies for use of the tower. The existing tower is no longer structurally sound and needs to be replaced to accommodate upgrades of cellular equipment on the tower. New Cingular Wireless, Verizon Wireless, and T-Mobile drafted a cost-sharing agreement, which will fund the demolition of the existing cellular tower and the construction of a new cellular monopole at the same location. Approval of this ordinance will allow the City to finalize the Site Lease Agreement with Cingular Wireless (commonly known as AT&T). PRIOR ACTION: The City has an existing cell tower lease in place with New Cingular Wireless, LLC which was signed by Mayor Starker on May 21, 2019. FINANCIAL IMPACT: The City will have no financial obligation in the demolition of the current tower or construction of the new tower. The City will receive $3,500 in rent per month, per carrier. The lease will be in place for fifteen (15) years, with the opportunity to renew in five (5) year increments. Council Action Form – Site Lease Agreement with New Cingular Wireless PCS, LLC June 13, 2022 Page 2 BACKGROUND: Due to aging infrastructure and changes to technology over the years, New Cingular Wireless PCS, LLC, along with two other cellular carriers, would like to demolish the existing cellular tower located at City Hall and construct a new monopole cellular tower. City Staff is in support of this initiative, under the condition that the City will not share in the cost of demolition and construction. RECOMMENDATIONS: Staff recommends approval of the ordinance on first reading. If denied or postponed, there will be no impact to City operations; however, the City will not receive $3,500 per month in lease payments, per carrier, which amounts to $126,000 per year in revenue. RECOMMENDED MOTION: “I move to approve Council Bill No. 12-2022, an ordinance approving a lease with New Cingular PCS, LLC for use of the municipal cell tower on first reading, order it published, public hearing set for Monday, June 27, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill No. 12-2022, an ordinance approving a lease with New Cingular PCS, LLC for use of the municipal cell tower for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Parks & Recreation Director Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 12-2022 2. New Cingular PCS, LLC Lease Agreement 3. Signed and Sealed Construction Drawings CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 12 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE APPROVING A LEASE WITH NEW CINGULAR WIRELESS PCS, LLC FOR USE OF THE MUNICIPAL BUILDING CELLULAR TOWER WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution and governed by its elected City Council; and WHEREAS, the City Council has authority to approve leases for uses of City property; and WHEREAS, the Council wishes to approve a lease with New Cingular Wireless PCS, LLC for use of the municipal building cellular tower, subject to terms and conditions of said lease; and WHEREAS, the initial term of the lease agreement shall be five (5) years commencing on the first day of the month following acceptance by the City of the new monopole tower on the facility; and WHEREAS, the initial term shall automatically renew for two (2) successive renewal terms of five (5) years each, with the opportunity for successive five (5) year terms thereafter with the with mutual and written agreement of and with both parties; and WHEREAS, upon the commencement date, New Cingular Wireless PCS, LLC shall pay the City of Wheat Ridge rent in the amount of three thousand five hundred dollars ($3,500) per month. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Lease approved. The lease between the City of Wheat Ridge and New Cingular Wireless PCS, LLC attached hereto as Exhibit A, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same, in form approved by the City Attorney. Section 2. Effective date. This Ordinance shall take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 13th day of June 2022, 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 ATTACHMENT 1 June 27, 2022 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado as a virtual meeting and in Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado if allowed to meet in person on that date per COVID-19 restrictions. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 27th day of June 2022. SIGNED by the Mayor on this _____ day of ____________, 2022. _________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: June 16, 2022 Second Publication: Jeffco Transcript Effective Date: June 27, 2022 Published: Jeffco Transcript and www.ci.wheatridge.co.us EXHIBIT A LEASE AMENDED AND RESTATED SITE LEASE AGREEMENT This AMENDED AND RESTATED SITE LEASE AGREEMENT (the “Agreement”) is effective the date of the last signature on this Agreement (the “Effective Date”) by and between City of Wheat Ridge (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company authorized to do business in the State of Colorado (“Tenant”). WHEREAS, pursuant to that certain Site Lease Agreement, dated March 15, 1994, between Tenant’s predecessor in interest, Denver Cellular Telephone Company, and City of Wheat Ridge (the “Prior Agreement”), City of Wheat Ridge has granted to Tenant the right to use space on City of Wheat Ridge’s self-support tower (“Tower”) for installation and operation of communication equipment, which Tower is located at 7500 W. 29th Avenue, Wheat Ridge, CO 80033; WHEREAS, City of Wheat Ridge intends to replace its Tower, which is failing and no longer capable of supporting City of Wheat Ridge’s facilities and the communication equipment of the other parties installed thereon, with a new 140’ steel Monopole (“Monopole”); and WHEREAS, The parties hereto desire to amend and restate the Prior Agreement in its entirety with this Agreement. NOW THEREFORE, for and in consideration of the mutual promises set forth hereinafter and as provided for in the above-referenced recitals, with are made a part of this Agreement, the Parties agree to amend and restate the Prior Agreement in its entirety as follows: 1. Property Description. Landlord is the owner of the real property located at 7500 West 29th Avenue, Wheat Ridge, Colorado 80034 further described on Exhibit A (the “Property”) as well as the Monopole on the Property. The Property includes the premises which is comprised of (i) approximately 350 square feet of ground space on which an existing New Cingular Wireless equipment shelter is situated (the “Ground Space”), (ii) space on the Monopole dedicated for Tenant’s exclusive use, and consisting of an envelope of twelve (12) contiguous vertical feet of space within which any portion of Tenant’s communication equipment and improvements might be located, operated or maintained (the “Primary RAD Space”), and (iii) those certain areas where Tenant’s conduits, wires, cables, cable trays and other necessary connections are located between the Ground Space and the Primary RAD Space (the “Connection Space”). The Ground Space, Primary RAD Space and Connection Space are specifically depicted on Exhibit B and hereinafter collectively referred to as the “Premises.” In no event shall Tenant install any equipment on the Monopole at any other location or elevation other than within the Primary RAD Space without Landlord’s written approval, which Landlord may withhold at its sole discretion. The Tenant may update the description of the Premises on Exhibit B to reflect any modifications or changes to the Premises, with such modifications or DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B changes subject to the prior written approval of Landlord. Such approval shall not be unreasonably withheld. 2. Option. Intentionally omitted. 3. Landlord Cooperation. During the Term (as defined below), Landlord shall reasonably cooperate, at no cost or expense to Landlord, with Tenant’s due diligence activities, which shall include, but not be limited to, access to the Property for inspections, testing, and permitting related to the Permitted Uses (as defined below). Landlord agrees to reasonably cooperate with Tenant, at Tenant’s sole cost and expense to obtain all zoning, land use and other applications for permits, licenses and approvals required for the Permitted Uses from all applicable governmental and quasi-governmental entities (collectively, the “Governmental Approvals”). In no event shall Tenant apply for a change in the zoning classification of the Property. Landlord’s reasonable cooperation shall include the prompt execution and delivery of any documents necessary to obtain and maintain Government Approvals or utility services, at locations to be reviewed and approved by Landlord in writing. Additionally, Landlord shall make reasonable efforts to not take any actions which are in conflict with or interfere with Tenant’s Governmental Approvals. 4. Antenna Facilities and Permitted Uses. a) Pursuant to the terms set forth herein, Landlord leases the Premises to Tenant for the installation, construction, maintenance, operation, repair, replacement and upgrade of its equipment, personal property and improvements associated with Tenant’s wireless communications business (the “Antenna Facilities”). Other than in the event the Tenant requires use of a temporary facility under Section 4 Paragraph a, and except as required by Section 4 Paragraph b, in no event shall Tenant construct any tower-like structure on the Premises. The Premises shall be used solely for the transmission and reception of communications signals, and the construction, installation, operation, maintenance, repair, addition, upgrading, removal or replacement of any and all Antenna Facilities. Tenant has the right to modify, supplement, replace, upgrade and expand the equipment at no additional cost to the Tenant or Landlord, only with written approval by Landlord (the “Permitted Uses”). The Premises may not be used for any of other use. The Antenna Facilities shall remain the exclusive personal property of Tenant and shall not be considered fixtures, regardless of whether any portion is deemed real or personal property under applicable law. If necessary to maintain service, Tenant shall have the right to locate a cell-on-wheels, or other temporary antenna facility on the Premises, subject to approval and execution by the Landlord of a temporary permit for that purpose, which approval and execution shall not be unreasonably withheld, conditioned or delayed. In the event Tenant locates a cell-on-wheels, or other temporary antenna facility on the Premises, Tenant shall continue paying the then current Rent amount due to Landlord. Landlord shall reasonably cooperate with the placement of the temporary facility at a mutually acceptable location on the Premises. The Antenna Facilities shall in no way interfere with Landlord’s operations, services, Landlord’s use, or Landlord’s other tenants’ use of Landlord’s Property. DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B (b) Tenant shall purchase and install the Monopole upon the Property in accordance with the plans and specifications attached hereto as Exhibit D (the “Plans”). Landlord acknowledges that it has received and approved the Plans for the Monopole. Landlord shall fully cooperate with Tenant in the construction of the Monopole. Tenant shall retain ownership of the Monopole until construction is complete, including the installation of antennas and equipment of Tenant. Ownership of the Monopole and all supporting structures shall transfer to the Landlord upon completion and acceptance of construction and shall continue with the Landlord after termination of this Agreement. Upon such transfer, the Landlord shall be responsible for the maintenance and repair of the Monopole and all supporting structures, except for damage caused by Lessee. Lessee further warrants that, prior to such transfer, it shall own the Monopole and all supporting structures to be installed as described herein, that such facilities will not be subject to any security interests upon installation and that transfer of ownership to the Landlord will be free and clear of encumbrances. (c) Within one hundred twenty (120) days after the expiration or earlier termination of this Agreement, Tenant shall remove, at Tenant’s sole cost and expense, the Antenna Facilities, the existing equipment and cabling, and repair any and all damage to the Premises caused by such removal, and restore the Premises to its condition prior to the Effective Date, reasonable wear and tear excepted. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation, nor will Tenant be required to remove from the Premises or the Property any structural steel or any foundations or underground utilities. Any property not so removed shall, at Landlord’s sole option, be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and at Tenant’s reasonable expense, without notice to Tenant and without any obligation on the part of Landlord to account to Tenant for any proceeds therefrom. Tenant shall reimburse Landlord for any actual and reasonable expense incurred in restoring the Premises should Tenant fail to restore the Premises as provided herein. 5. Lease Term; Commencement Date. a) Landlord and Tenant agree that this Agreement wholly amends and restates the Prior Agreement between Landlord and Tenant and any and all amendments and supplements thereto (the “Prior Agreement”). Landlord and Tenant agree that until the Commencement Date (defined below) of this Agreement, Tenant shall continue to make, and Landlord shall continue to receive, rental and other payments pursuant to the Prior Agreement. Rental, and other payments, pursuant to the Prior Agreement shall be applied and credited against Rent and other payments due under this Agreement. b) The initial lease term of the Agreement shall be five (5) years commencing on the first day of the month following acceptance by the Landlord of the new Monopole tower facility on the Property described at Section 4 Paragraph b, which new Monopole tower is designed to accommodate Tenant’s Antenna Facilities as described herein (the “Commencement Date”) and ending at 11:59 p.m. on the day immediately preceding the fifth (5th) anniversary of the Commencement Date (the “Initial Term”). The Initial Term, together with any Renewal Terms are referred to collectively as the “Term.” In the event the Commencement Date, as herein DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B defined, does not occur on or before February 14, 2023, this Agreement shall terminate and be of no effect, and as of that date the Prior Agreement shall also terminate. c) The Initial Term shall automatically renew for two (2) successive renewal terms of five (5) years each (each a "Renewal Term") as provided herein. Each Renewal Term shall automatically commence, on the same terms and conditions of this Agreement, unless Tenant notifies the Landlord in writing of its intention not to renew at least one hundred eighty (180) days before the expiration of the Term or any Renewal Term, as applicable. d) Thereafter, successive renewal terms of five (5) years each may commence with the mutual and written agreement of and between both parties. Notice of intention to renew by Tenant shall occur at least one hundred eighty (180) days before the expiration of the current Renewal Term. 6. Rent/Other Charges. a) Upon the Commencement Date, Tenant shall pay Landlord rent in the amount of Three Thousand Five Hundred and No/100 Dollars ($3,500.00) per month (the “Rent”). Tenant shall deliver Rent to Landlord at the address specified in Section 15, or to any future payee or address so long as Landlord notifies Tenant in writing or by electronic payment. The first Rent payment shall be due within twenty (20) business days after the Commencement Date. Subsequent Rent shall be payable by the fifth (5th) day of each month. In the event Rent is paid after the fifteenth (15th) of the month, a late rent fee shall apply in the amount of ten percent (10%) of the then current Rent amount. b) During the Term, Rent shall increase annually on each anniversary of the Commencement Date by a rate of four percent (4%). The tracking and payment of the increased Rent amounts shall be the sole responsibility of Tenant. Any outstanding unpaid amounts shall accrue interest at the lesser of ten percent (10%) per annum or the highest interest rate permitted by law. c) Landlord shall reasonably cooperate with Tenant regarding the use of any electronic rent payment systems. 7. Interference. Tenant shall not interfere with the radio frequency communications of Landlord or any of the Landlord’s existing tenants as of the Effective Date. After the Effective Date, Landlord shall not install, or permit any third party to install, any equipment or structures that interfere with or restrict the operations of Tenant. Any such interference shall be deemed material breach of this Agreement by Landlord and Landlord shall remove the cause of the interference within forty-eight (48) hours of notice. Tenant shall have the right to exercise all legal and equitable rights and remedies to end the interference. 8. Utility Services. a) Tenant shall have the right to connect to, maintain, repair, upgrade, remove or replace existing utility related equipment and shall have the right to install new utility related equipment to service its Antenna Facilities, or cell-on-wheels on, or serving the Premises (collectively, the DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B “Utility Facilities”) at Tenant’s sole cost and without interfering with Landlord’s operations, services, Landlord’s other tenants, and at locations to be identified on Exhibit B. b) Tenant shall be responsible for all utilities charges for electricity, or any other utility service used by Tenant on the Premises. Tenant shall ensure installation of separate meters for Tenant’s utility usage. 9. Access and Easements. a) Landlord shall furnish, at no additional charge to Tenant, unimpeded and secure access to the Premises on a 24-hours-a-day, 7-days-a-week basis to Tenant and Tenant’s employees, agents, contractors and other designees. Tenant’s access to the Premises shall not interfere with Landlord’s regular business activities. If Tenant’s access, whether by its employees, agents, contractors, or other designees, interrupts or interferes with Landlord’s emergency response, such interruption or interference shall be deemed a material breach of this Agreement. b) Landlord grants Tenant, at no additional Rent or charge, non-exclusive easements on, over, under and across the Property for ingress, egress, communications, power and other utilities, construction, demolition and access to the Premises and any Utility Facilities in routes identified on Exhibit B (collectively, the “Easements”). Landlord shall not modify, interrupt or interfere with any communications, electricity, or other utility equipment and easements serving the Premises, without first providing ten (10) days written notice to Tenant. If an interruption to the electrical supply will be for an extended period of time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. 10. Termination. Tenant may terminate this Agreement without further liability, upon thirty (30) days prior written notice to Landlord, if Tenant, through no fault of its own, is unable to obtain any Governmental Approval required for the construction or operation of Tenant’s Antenna Facilities. This Agreement may also be terminated by Tenant upon sixty (60) days’ prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three (3) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any termination provision contained in any other section of this Agreement. Upon Termination, Tenant shall remove all of its existing Antenna Facilities, in accordance with Section 4(c) above. 11. Casualty and Condemnation. a) Landlord will provide notice to Tenant of any casualty or other harm affecting the Monopole within twenty-four (24) hours of the casualty or other harm. If the Premises or Antenna Facilities are damaged or destroyed by wind, fire or other casualty, not caused by Tenant or Tenant’s contractors, Tenant shall be entitled to negotiate, compromise, receive and retain all proceeds of Tenant’s insurance and other claims and Tenant may terminate the Agreement by written notice to Landlord. In the event Tenant elects to terminate the Agreement under this Paragraph 11, Landlord agrees to permit Tenant to place temporary transmission and DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Monopole and/or the Antenna Facilities, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Monopole and/or the Antenna Facilities is completed. If Landlord determines not to rebuild or restore the Monopole, Landlord will notify Tenant of such determination within thirty (30) days after the casualty or other harm. If Landlord does not so notify Tenant and Tenant decides not to terminate under this Section 11, then Landlord will promptly rebuild or restore any portion of the Property interfering with or required for Tenant’s Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property. b) In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within twenty- four (24) hours. If the Premises, any Easements or Antenna Facilities are taken or condemned by power of eminent domain or other governmental taking, then: (i) this Agreement will terminate as of the date the title vests in the condemning authority, and (ii) Tenant shall be entitled to negotiate, compromise, receive and retain all awards attributable to (A) the Antenna Facilities, (B) Tenant’s leasehold interest in the Property, (C) any moving or relocation benefit available to Tenant and (D) any other award available to Tenant that is not attributable to Landlord’s title to or interest in the Property, provided that any award to Tenant will not diminish Landlord’s recovery. 12. Default and Right to Cure. a) If Tenant is in arrears in the payment of any Rent or any payments due by Tenant to Landlord under this Agreement, or any portion thereof, or is in violation of any other covenants or agreements set forth in the Agreement (a “Default”) and the Default remains uncorrected for a period of thirty (30) days after Landlord has given written notice thereof pursuant to applicable law, then Landlord may, at Landlord’s option, undertake any of the following remedies without limitation: (a) declare the Term of the Agreement ended; (b) terminate Tenant’s right to possession of the Premises and reenter and repossess the Premises pursuant to applicable provisions of the Colorado Forcible Entry and Unlawful Detainer statute; (c) recover all present and future damages, costs, and other relief to which Landlord is entitled; (d) pursue breach of contract remedies; and (e) pursue any and all available remedies in law or equity. In the event possession is terminated by reason of a Default prior to expiration of the Term, Tenant shall remain responsible for the Rent, subject to Landlord’s duty to mitigate such damages. Delay in curing a Default will be excused if due to causes beyond the reasonable control of Tenant. b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) Landlord’s failure to provide access to the Premises as required by Section 9 within twenty- four (24) hours after written notice of such failure; (ii) Landlord’s failure to cure an interference DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B problem as required by Section 7 of this Agreement within forty-eight (48) hours after written notice of such failure; or (iii) Landlord’s failure to perform any term, condition or breach of any warranty or covenant under this Agreement within thirty (30) days after written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: (i) the right to cure Landlord’s default and to deduct the costs of such cure from any monies due to Landlord from Tenant, and (ii) any and all other rights available to it under law and equity. 13. Taxes. Landlord shall pay when due all real estate taxes and assessments for the Property, including the Premises. Notwithstanding the foregoing, Tenant shall reimburse Landlord within thirty (30) days of receipt of invoice from Landlord for any personal property tax or real estate tax paid for by Landlord which is attributable to the presence, use, occupancy, or installation of Tenant’s Antenna Facilities during the Term. Landlord shall provide prompt and timely notice of any tax or assessment for which Tenant is liable. Tenant shall have the right to challenge any tax or assessment and Landlord shall cooperate with Tenant regarding such challenge. 14. Insurance and Subrogation and Indemnification. a) During the Term, Tenant shall carry, at its own cost and expense, the following insurance: (i) workers’ compensation insurance as required by law; (ii) Employer’s Liability insurance with limits of One Million Dollars ($1,000,000.00) per accident/ per disease, per employee/ per disease, policy limits; (iii) automobile insurance and (iv) commercial general liability (CGL) insurance per ISO form CG 00 01 or equivalent with respect to its activities on the Property, covering liability arising from premises, operations, personal injury, products/completed operations, and contractual liability, such insurance to afford protection of Three Million Dollars ($3,000,000) per occurrence and Six Million Dollars ($6,000,000) general aggregate. The Landlord shall be included as an additional insured on the policy or policies of General Commercial Liability, with respects to this Agreement. Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master insurance policy Tenant maintains. Tenant shall each maintain “all risk” or “special causes of loss” property insurance on a replacement cost basis for Tenant’s owned real property. Tenant self-insures this risk. In the event the required policy or policies shall lapse for any reason, Landlord shall have the right, but not the obligation, to obtain a substitute policy or policies, the cost of which shall be borne by Tenant. b) Landlord and Tenant hereby mutually release each other (and their successors and assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder. In the event of an insured loss, neither party’s insurance company shall have a subrogated claim against the other party. Tenant self-insures its property coverage and in satisfaction of the waiver of subrogation requirement Tenant will include Landlord as joint loss DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B payee to the extent of Landlord’s insurable interest which would have been covered had Tenant purchased property insurance. c) Subject to the property insurance waivers set forth in the preceding subsection (b), Landlord and Tenant each agree, to the extent permitted by law, to indemnify and hold harmless the other party from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liabilities, including reasonable attorneys’ fees, to the extent caused by or arising out of: (i) any negligent acts or omissions or willful misconduct in the operations or activities on the Property by the indemnifying party or the employees, agents, contractors, licensees, tenants or subtenants of the indemnifying party, (ii) any spill or other release of any Hazardous Substances (as defined below) on the Property by the indemnifying party or the employees, agents, contractors, licensees, tenants or subtenants of the indemnifying party, or (iii) any breach of any obligation of the indemnifying party under this Agreement. The indemnifying party’s obligations under this subsection are contingent upon its receiving written notice of any event giving rise to an obligation to indemnify the other party, within ten (10) days the indemnified party becomes aware of such event, and the indemnified party’s granting it the right to control the defense and settlement of the same. d) Tenant shall not be responsible or liable to Landlord or any third party for any claims, damages, costs, expenses, including liens, fines, penalties or other enforcement actions, attributable to any pre-existing violations of applicable laws, codes, ordinances or other regulations relating to the Property (collectively, “Pre-Existing Violations”). To the extent Tenant is or may be required to cure such Pre-Existing Violations in order to obtain any Governmental Approvals for its Permitted Uses of the Premises, however, Tenant shall have the right, but not the obligation, to cure such Pre-Existing Violations and deduct the curative costs from Rent payable under this Agreement. e) The provisions of subsections (b) and (c) above shall survive the expiration or termination of this Agreement. 15. Notices. All notices, requests, demands and other communications required or permitted under this Agreement shall be in writing and shall be effective three (3) business days after deposit in the U.S. mail, certified, return receipt requested or upon receipt if personally delivered or sent via a nationally recognized courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party. If to Tenant, to: If to Landlord, to: New Cingular Wireless PCS, LLC City of Wheat Ridge ATTN: Network Real Estate Administration Attn: City Manager Re: Cell Site #COL01219 7500 West 29th Avenue Name: 26th and Wadsworth (CO) Wheat Ridge, CO 80033 FA#: 10093893 1025 Lenox Park Blvd. NE 3rd Floor DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B Atlanta. GA 30319 And with a copy to: And with a copy to: New Cingular Wireless PCS, LLC. City of Wheat Ridge ATTN: AT&T Legal Department Attn: City Attorney Re: Cell Site #COL01219 7500 West 29th Avenue Name: 26th and Wadsworth (CO) Wheat Ridge, CO 80033 FA#: 10093893 208 S. Akard Street Dallas, Texas 75202-4206 16. Quiet Enjoyment, Title and Authority. Landlord covenants and warrants that: (a) Landlord has full right, power and authority to execute and perform this Agreement and to grant Tenant the leasehold interest and Easements contemplated under this Agreement; (b) Landlord has good and unencumbered title to the Property, free and clear of any liens or Mortgages (defined below) which shall interfere with Tenant’s Permitted Use or any rights to or use of the Premises; (c) the execution and performance of this Agreement shall not violate any provisions of any Mortgage, lease, or other agreement binding on Landlord; (d) so long as Tenant is not in Default, Tenant’s use and quiet enjoyment of the Premises shall not be disturbed; and (e) Landlord shall be responsible, at its sole cost and expense, for maintaining all portions of the Property. Landlord shall not be required to maintain any equipment or improvements and supplies by Tenant. Tenant covenants and warrants that: (a) Tenant has full right, power and authority to execute and perform this Agreement; (b) Tenant shall be responsible, at its sole cost and expense, for maintaining all portions of the Premises. 17. Environmental Laws. Landlord and Tenant agree that each will be responsible for compliance with all federal, state and local laws in connection with any substances brought onto the Property that are identified by any law, ordinance or regulation as hazardous, toxic or dangerous (collectively, the “Hazardous Substances”). Tenant agrees to be responsible for all losses or damage caused by any Hazardous Substances that it may bring onto the Property and will indemnify Landlord for all such losses or damages, other actions required to comply with applicable law. Landlord represents that it has no knowledge of any Hazardous Substances on the Property. In the event Tenant becomes aware of any Hazardous Substances on the Property, or any environmental, health or safety condition or matter relating to the Property, which was not caused by Tenant, that, in Tenant’s sole determination, renders the condition of the Premises or Property unsuitable for Tenant’s use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of liability to a government agency or other third party, then Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord. 18. Assignment. a) Tenant will have the right to assign, sell or transfer its interest under this Agreement upon notice to but without the approval or consent of Landlord, to any entity controlling, controlled by, or under common control with Tenant, or to any entity which acquires all or DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B substantially all of the Tenant’s assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition, or other business reorganization, provided (a) Landlord is provided written notice of such event and (b) such assignee agrees to assume all liabilities and obligations of Tenant under this Agreement. As to other parties, Tenant’s rights under this Agreement may not be sold, assigned or transferred without the written consent of the Landlord, which such consent or refusal to consent shall be based upon Landlord’s reasonable evaluation of the ability of the proposed transferee to fully and completely carry out all of the obligations of the Tenant for the remainder of the term of this Agreement, including any mandatory option periods. In no event shall Tenant have the right to sublease the Premises or permit the collocation of any third party’s equipment within the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Any attempted assignment by Tenant in violation of this Section shall be null and void and of no effect whatsoever. b) Landlord shall be permitted to freely assign this Agreement to the purchaser in connection with a sale of the Property and/or lease space within the Property (excluding the Premises) at all times. Landlord may sell the Property or a portion thereof to a third party, provided: (i) the sale is made subject to the terms of this Agreement; and (ii) if the sale does not include the assignment of Landlord’s full interest in this Agreement, the purchaser must agree to perform, without requiring compensation from Tenant or any subtenant, any obligation of Landlord under this Agreement, including Landlord’s obligation to cooperate with Tenant as provided hereunder. If Landlord, at any time during the Term of this Agreement, decides to sell or otherwise transfer all or any part of the Premises, or all or any part of the Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such sale, or transfer shall be subject to this Agreement and Tenant’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord or its successor shall send the following documents to Tenant: (i) deed or other instrument transferring the Property; (ii) IRS Form W-9 from the transferee; (iii) completed and signed Tenant Payment Direction Form; (iv) full contact information for the transferee including phone number(s). 19. Relocation. Landlord reserves the right to perform structural maintenance on the Monopole. Landlord must provide Tenant at least one hundred eighty (180) days’ prior written notice of any repairs, maintenance or other work (the “Work”) during the Term of this Agreement which would require the relocation of the Antenna Facilities, absent emergency circumstances, and the opportunity to temporarily relocate and continue to operate its antennas, or otherwise to secure the antennas or the Antenna Facilities generally, to protect them from damage and allow Tenant’s continued operation. Tenant will be permitted to install any type of temporary facility necessary to keep its Antenna Facilities operational. Any maintenance will be conducted by Landlord as diligently and expeditiously as possible. Tenant shall cooperate with Landlord’s request at Tenant’s sole cost and expense. 20. Marking and Lighting Requirements. Landlord acknowledges that Landlord shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B Administration and the FCC. Landlord, to the extent permitted by law, shall indemnify and hold Tenant harmless from any fines or other liabilities caused by Landlord's failure to comply with these requirements. 21. Miscellaneous. a) The prevailing party in any litigation or other legal proceedings arising under this Agreement (including any appeals and any insolvency actions) shall be entitled to reimbursement from the non-prevailing party for reasonable attorneys’ fees and expenses. b) This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements with respect to the subject matter and Property. Any amendments to this Agreement must be in writing and executed by both parties. c) Landlord agrees to reasonably cooperate with Tenant in executing any documents which Tenant deems necessary to ensure and protect Tenant’s rights in, or use of, the Premises. Landlord shall execute and deliver: (i) a Memorandum of Lease in substantially the form attached as Exhibit C; and (ii) if the Property is encumbered by a deed, mortgage or other security interest (each, a “Mortgage”), a subordination, non-disturbance and attornment agreement using Tenant’s form. d) This Agreement shall be construed in accordance with the laws of the State of Colorado. Jurisdiction and venue for any judicial proceeding under or construing this Agreement shall be proper and exclusive in the state courts for Jefferson County, Colorado. e) If any term of this Agreement is found to be void or invalid, the remaining terms of this Agreement shall continue in full force and effect. Any questions of particular interpretation shall be interpreted as to their fair meaning. f) Each party hereby represents and warrants to the other that this Agreement has been duly authorized, executed and delivered by it, and that no consent or approval is required by any lender or other person or entity in connection with the execution or performance of this Agreement. g) If either party is represented by any broker or any other leasing agent, such party is responsible for all commission fee or other payment to such agent. h) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Signed facsimile and electronic copies of this Agreement shall legally bind the Parties to the same extent as original documents. i) No provision of this Agreement shall be construed as a contractual waiver of any immunities or defenses provided to Landlord under the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as amended, or any other applicable law. j) All financial obligations of the Landlord under this Agreement are contingent upon annual appropriation, budgeting, and availability of specific funds to discharge such obligations. DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B Nothing in this Agreement shall be deemed to create a debt or multiple fiscal year financial obligation of the Landlord, a pledge of the credit of the Landlord, or a collection or payment guarantee by the Landlord. k) Either party shall, at any time upon twenty (20) business days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance, if any, (ii) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed, (iii) confirming the Rent due under this Agreement and (iv) confirming whether Rent hereunder has been prepaid, and if so, the period of such prepayment. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. l) In the event the Agreement is not fully executed and returned to the other party within thirty (30) days after the date the first party executes the Agreement, the Agreement shall be null and void and the parties shall have no further obligations to each other. m) Upon completion of installation of the Antenna Facilities, Tenant will promptly furnish Landlord with “as built” drawings and copies of the following verifications: (a) site photos, and (b) building permit and related building and electrical inspection and (c) lien releases from its contractor(s), as applicable. n) Other than as specifically provided for herein, neither party shall be entitled to claim or recover any form of damages, including without limitation, punitive, consequential, exemplary or economic, including lost profits. o) Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof. The Antenna Facilities shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant’s right to remove all or any portion of the Antenna Facilities from time to time in Tenant’s sole discretion and without Landlord’s consent. DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B LANDLORD: City of Wheat Ridge, a Municipal corporation of the State of Colorado By: Printed Name: Bud Starker Title: Mayor Date: ATTEST: _____________________________ Stephen Kirkpatrick, City Clerk [seal] APPROVED AS TO FORM: ________________________________ Gerald Dahl, City Attorney TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation, its Manager By: Printed Name: Title: Date: [Landlord Notary block] STATE OF ____________________ ) ) ss. COUNTY OF __________________ ) This instrument was acknowledged before me on ________________________ by ____________________________, [title] ___________________________ of City of Wheat Ridge , a municipal corporation, on behalf of said City of Wheat Ridge. Dated: ________________________ Notary Public Print Name ______________________________________ My commission expires _______________________________ DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B 26-May-2022 | 3:45 PM PDT Ashwani Goel Director of Engineering TENANT ACKNOWLEDGMENT STATE OF ) ) ss: COUNTY OF ) On the _____ day of ___________________, 20___, before me personally appeared ___________________, and acknowledged under oath that he/she is the _____________________ of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant. Notary Public: My Commission Expires: DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B EXHIBIT A Legal Description The Property is legally described as follows: PARCEL 1 Lot 1, Block 3, BARTH’S SUBDIVISION excepting the North ½ of the East ½ of said Lot and the West 6 feet of said parcel therefrom, County of Jefferson, State of Colorado. AND BEING the same property conveyed to City of Wheat Ridge, a municipal corporation from County of Jefferson, State of Colorado acting by and through its duly constituted and appointed Board of County Commissioners and Commissioner Joanne K. Paterson by Commissioners Deed dated September 23, 1976 and recorded October O6, 1976 in Deed Book 2911, Page 920. PARCEL 2 North ½ of the East ½ of Lot 1, Block 3, BARTH’S SUBDIVISION except the East 25 feet as described in book 722 at page 353, County of Jefferson, State of Colorado. AND BEING the same property conveyed to City of Wheat Ridge, a municipal corporation from County of Jefferson, State of Colorado acting by and through its duly constituted and appointed Board of County Commissioners and Commissioner Robert Clement by Commissioners Deed dated March 13, 1979 and recorded April 20, 1979 in Instrument No. 79034601. Tax Parcel No. 39-264-15-001 DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B EXHIBIT B Subject to the terms and conditions of this Agreement, the location of the Premises is and depicted as shown below or in the immediately following attachment(s). Construction drawings to be inserted prior to Agreement signing DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B EXHIBIT C MEMORANDUM OF LEASE A Site Lease Agreement (the “Agreement”) by and between City of Wheat Ridge (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company (“Tenant”) was made regarding a portion of the following property (as more particularly described in the Agreement, the “Premises”): See Attached Exhibit A incorporated herein for all purposes. Without limiting the terms and conditions of the Agreement, Landlord and Tenant hereby acknowledge the following: 1. Capitalized terms used, but not otherwise defined herein, shall have the meanings ascribed to such terms in the Agreement. 2. The Agreement shall initially be for five (5) years and will commence on the date set forth in the Agreement (the “Commencement Date”). 3. Tenant shall have the right to extend the Agreement for two (2) additional and successive five- year terms. 4. After two (2) Renewal periods, Tenant may extend the Agreement for additional and successive five-year terms providing mutual agreement with Landlord is attained. 5) This memorandum is not a complete summary of the Agreement. It is being executed and recorded solely to give public record notice of the existence of the Agreement with respect to the Premises. Provisions in this memorandum shall not be used in interpreting the Agreement’s provisions and in the event of conflict between this memorandum and the said unrecorded Agreement, the unrecorded Agreement shall control. 6. This memorandum may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto were upon the same instrument. IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign. [SIGNATURES ARE ON THE FOLLOWING PAGE] DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B LANDLORD: TENANT: City of Wheat Ridge New Cingular Wireless PCS, LLC By: AT&T Mobility Corporation, its Manager By: By: Printed Name: Printed Name: Title: Title: Date: Date: [Landlord Notary block] STATE OF ____________________ ) ) ss. COUNTY OF __________________ ) This instrument was acknowledged before me on ________________________ by ____________________________, [title] ___________________________ of City of Wheat Ridge , a municipal corporation, on behalf of said City of Wheat Ridge. Dated: ________________________ Notary Public Print Name ______________________________________ My commission expires _______________________________ DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B Ashwani Goel Director of Engineering 26-May-2022 | 3:45 PM PDT [Tenant Acknowledgement] STATE OF ) ) ss: COUNTY OF ) On the _____ day of ___________________, 20___, before me personally appeared ___________________, and acknowledged under oath that he/she is the _____________________ of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant. Notary Public: My Commission Expires: DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B Exhibit D Plans and Specifications for the installation of the Monopole DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B DRIVING DIRECTIONS SITE INFORMATION 26TH & WADSWORTH COL01219 10093893 VICINITY MAP CONTACT INFORMATION LTE - 3C/4C/4T4R/5C MONOPOLE LOCAL MAP T-1 UNDERGROUND SERVICE ALERT UTILITY NOTIFICATION CENTER OF COLORADO (800) 922-1987 WWW.UNCC.ORG 11"x17" PLOT WILL BE HALF SCALE UNLESS OTHERWISE NOTED ENGINEERING PROJECT DESCRIPTION · · · · · · · · · · · · · · · · · · · · · · · · · · · · GENERAL NOTESSITE PHOTO DRAWING INDEX 10/11/2021 C-1 10/11/2021 C-1.1 10/11/2021 C-2 2 1 10/11/2021 C-3 21 10/11/2021 C-4 1 2 10/11/2021 C-5 32 1 10/11/2021 C-6 1 3 4 5 2 10/11/2021 C-7 1 4 7 2 5 3 6 10/11/2021 C-7.1 1 4 7 2 5 8 3 6 9 10/11/2021 C-8 1 4 2 5 3 A3A4 Raycap B1 B2 Raycap B3B4 Raycap C1C2 Raycap C3 C4 Raycap A1 A2 Raycap m m B3B4 Raycap C1C2 Raycap C3C4 Raycap A3A4 Raycap B1B2 Raycap A1A2 Raycap 10/11/2021 C-9 1 4 7 2 5 8 3 6 9 10/11/2021 C-10 1 4 7 2 5 8 3 6 9 10/11/2021 E-1 1 4 2 3 10/11/2021 E-2 10/11/2021 G-1 ” 10/11/2021 G-2 ” 3 10/11/2021 G-3 1 4 7 2 5 8 3 6 10/11/2021 GN-1 10/11/2021 GN-2 10/11/2021 GN-3 10/11/2021 GN-4 10/11/2021 GN-5 10/11/2021 GN-6 10/11/2021 ITEM NO: 7 DATE: June 13, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: A MOTION APPROVING A TEMPORARY SITE LICENSE AGREEMENT WITH T-MOBILE WEST, LLC PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ _________________________ Director of Parks & Recreation City Manager ISSUE: The City owns and operates a cellular tower at City Hall and has three lease agreements with cellular companies for use of the tower. The existing tower is no longer structurally sound and needs to be replaced to accommodate upgrades of cellular equipment on the tower. During the timeframe required to demolish the existing cellular tower and construct a new monopole tower, the three cellular carriers have requested permission to occupy space in the City Hall parking lot to house their cell-on-wheels units to provide uninterrupted cellular service. PRIOR ACTION: The City has a cell tower lease in place with T-Mobile West, LLC which was signed by Mayor DiTullio on September 14, 2006. While negotiating new lease terms, the existing lease expired, and the City has provided for a month-to-month extension until a new lease is approved. City Council approved a Site Lease Agreement with T-Mobile on first reading on June 13, 2022. FINANCIAL IMPACT: No financial impact. BACKGROUND: Due to aging infrastructure and changes to technology over the years, T-Mobile West, LLC, along with two other cellular carriers, would like to demolish the existing cellular tower located at City Hall and construct a new monopole cellular tower. This Temporary Site License Council Action Form – Temporary Site License Agreement with T-Mobile West, LLC June 13, 2022 Page 2 Agreement will allow T-Mobile to occupy space in the City Hall parking lot for a cell-on-wheels unit to provide uninterrupted cellular service during demolition and construction. RECOMMENDATIONS: Staff recommends approval of a Temporary Site License Agreement with T-Mobile West, LLC. RECOMMENDED MOTION: “I move to approve a Temporary Site License Agreement with T-Mobile West, LLC.” Or, “I move to not approve a Temporary Site License Agreement with T-Mobile West, LLC for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Parks & Recreation Director Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Temporary Site License Agreement with T-Mobile West, LLC Site Number: DN03471A (temp agreement) Site Name: City of Wheat Ridge COW agreement WHEAT RIDGE COLORADO TEMPORARY LITE SITE LICENSE This License Agreement (this “License”) is entered into this ____ day of ______________, 2022, by and between T-Mobile West LLC, a Delaware limited liability company (“Licensee”) and the City of Wheat Ridge, Colorado, a Colorado municipal corporation (“City”). 1. LICENSE DESCRIPTION. Subject to the terms, covenants, conditions and provisions of this License, the City grantsa temporary revocable license to the Licensee for use of a portion of the parking lot at the City’s Municipal Center 7500 W. 29th Avenue, Wheat Ridge, County of Jefferson, State of Colorado (the “Premises”), more specifically described and depicted on Exhibit A, attached hereto and incorporated herein by reference. 2.TERM; TERMINATION The term of this Agreement shall commence upon the mutual execution of this License,and terminating on the sooner to occur of completion of the replacement tower on the Premises or February 14, 2023 (the “Initial Term”) unless terminated sooner or extended by written agreement of the parties. Licensee acknowledges that Section 15.9 of the Wheat Ridge Home Rule Charter applies to this license and grants the City Council the right to terminate this temporary license at any time. At the end of the Initial Term, the term of the Agreement shall automatically renew for successive one-month terms until completion of construction of the replacement tower at the Premises. 3.USE OF PREMISES. The Premises may be used by the Licensee solely for the purpose of operating a temporarycommercial mobile radio service (CMRS) facility and for no other purpose. The Licensee shall keep the Premises in good and clean condition. The Licensee agrees that the Premises shall be used and occupied in a careful, safe and proper manner and that the Licensee will pay for any damage to the Premises caused by misuse of the same by the Licensee, its agents or employees. All conduit, wiring, etc. shall be protected from interference by vehicle traffic. The City shall, at all times, have the right, by its officers or agents, to enter the Premises to inspect and examine the same. 4. LICENSE PAYMENT. Rent for the Premises shall be a single payment of $0. 5.INSURANCE. The Licensee is responsible to purchase, maintain and pay the premiums on insurance onany personal property within the Premises that belongs to the Licensee. 6.INDEMNIFICATION. The Licensee agrees to indemnify and hold harmless the City and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, DN03471A_NLG-57286_Lease DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE Site Number: DN03471A (temp agreement) Site Name: City of Wheat Ridge COW agreement damages, losses, expenses and demands, including attorney's fees, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this License if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, negligence, or other fault of the Licensee or any of its officers, employees, representatives, or agents. 7. NOTICE. Any notice under this License shall be in writing and shall be deemed sufficient when directly presented, sent pre-paid, first-class United States Mail, or sent via a nationally recognized courier addressed as follows: City: Patrick Goff, City Manager City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Licensee: T-Mobile USA, Inc. 12920 SE 38th Street Bellevue, WA 98006 Attn: Lease Compliance/DNO3471A 8. ENFORCEMENT; SEVERABILITY. If any provision of this License is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. Jurisdiction and venue for all claims for enforcement of any dispute under this License shall be proper and exclusive in the District Court for Jefferson County, Colorado. 9. MODIFICATION. This License may only be modified upon written agreement of the parties. 10. ASSIGNMENT. Neither this License nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. 11. GOVERNMENTAL IMMUNITY. The City, its officers and its employees, are relying on, and do not waive or intend to waive by any provision of this License, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the City and its officers or employees. [SIGNATURE PAGE FOLLOWS] DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE Site Number: DN03471A (temp agreement) Site Name: City of Wheat Ridge COW agreement CITY: CITY OF WHEAT RIDGE By: _______________________________ Bud Starker, Mayor Date:_______________________________ ATTEST: Stephen Kirkpatrick, City Clerk LICENSEE: T-Mobile West LLC, a Delaware limited liability company By: ________________________________ Name: ______________________________ Title: _______________________________ Date:_______________________________ TMO Signatory Level : L06 DN03471A_NLG-57286_Lease DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE Area Director, Network Engineering & Operations 5/4/2022 Scott DuBuke Site Number: DN03471A (temp agreement) Site Name: City of Wheat Ridge COW agreement EXHIBIT A Description of Premises [attached] DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE TITLE SHEET Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 ALL SCALES ARE SET FOR 11"x17" SHEET 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML 4 07/15/2021 CONSTRUCTION TJN DRAWING INDEX COW 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 LATITUDE: 39.75690600° LONGITUDE: -105.08046900° WHEATRIDGE MUNICIPAL DN03471A MODIFICATION OF AN EXISTING "NON-INHABITABLE" T-MOBILE TELECOMMUNICATIONS SITE TOWER LEVEL: - REMOVE (ALL) (E) T-MOBILE ANTENNAS, SECTOR MOUNTS, HBRID CABLES, RRU's, TMA's, & DIPLEXERS FROM (E) TOWER - REMOVE (ALL) (E) SPRINT ANTENNAS, SECTOR MOUNTS, (6) RRU'S, TMA's, & DIPLEXERS FROM (E) TOWER - REMOVE (ALL) (E) SPRINT COAX & HYBRID CABLES FROM (E) TOWER - RELOCATE (3) (E) SPRINT RRH-P4 RRU's & (1) MEDUSA TO (N) T-MOBILE COW PLATFORM. - INSTALL (3) (N) T-MOBILE DODECCA ANTENNAS - INSTALL (3) (N) 225' LONG SPRINT CABLES THAT MATCH OR EXCEED SPECIFICATIONS OF PREVIOUSLY INSTALLED SPRINT CABLES (CONTRACTOR TO VERIFY WITH T-MOBILE PM). - INSTALL (3) (N) T-MOBILE AHLOA RRU's, (3) AHFIG RRU's, & (1) HCS 2.0 FIBER BREAKOUT FEATURE ONTO (N) T-MOBILE COW PLATFORM. - (1) (N) HCS 2.0 FIBER TRUNK W/ (1) VOLTAGE AMPLIFIERS. - INSTALL (36) (N) T-MOBILE 1/2" DIA. COAX CABLES FROM T-MOBILE/SPRINT RRU's TO (N) ANTENNAS. GROUND LEVEL: - REMOVE (1) (E) T-MOBILE FCOA CABINET,(1) UNISTRUT TABLE, & (1) UNISTRUT FRAME. - RELOCATE (1) (E) T-MOBILE COVP & (1) GPS UNIT. - RELOCATE (1) (E) SPRINT NV MMBS CABINET, (1) NV BATTERY CABINET, & (1) GPS UNIT TO (E) T-MOBILE EQUIPMENT COMPOUND. - RELOCATE (1) (E) SPRINT ELECTRICAL METER, (1) DISCONNECT SWITCH, & (1) PPC W/ GEN. PLUG TO (E) T-MOBILE EQUIPMENT COMPOUND. - INSTALL (1) (N) HCS 2.0 TOWER JUNCTION BOX - INSTALL (1) (N) T-MOBILE COW PLATFORM (SEE SHEET A3.2). - INSTALL (1) (N) 12" CABLE TRAY ON THE GROUND TO COW SITE PHOTO SCOPE OF WORKVICINITY MAP 1.THE FACILITY IS AN UNOCCUPIED WIRELESS FACILITY. 2.PLANS ARE NOT TO BE SCALED AND ARE INTENDED TO BE A DIAGRAMMATIC OUTLINE ONLY, UNLESS NOTED OTHERWISE. THE WORK SHALL INCLUDE FURNISHING MATERIALS, EQUIPMENT, APPURTENANCES AND LABOR NECESSARY TO COMPLETE ALL INSTALLATIONS AS INDICATED ON THE DRAWINGS. 3.PRIOR TO THE SUBMISSION OF BIDS, THE CONTRACTORS SHALL VISIT THE JOB SITE AND BE RESPONSIBLE FOR ALL CONTRACT DOCUMENTS, FIELD CONDITIONS AND DIMENSIONS, AND CONFIRMING THAT THE WORK MAY BE ACCOMPLISHED AS SHOWN PRIOR TO PROCEEDING WITH CONSTRUCTION. ANY DISCREPANCIES ARE TO BE BROUGHT TO THE ATTENTION OF THE IMPLEMENTATION ENGINEER AND ARCHITECT/ENGINEER PRIOR TO PROCEEDING WITH THE WORK. 4.THE CONTRACTOR SHALL RECEIVE, IN WRITING, AUTHORIZATION TO PROCEED BEFORE STARTING WORK ON ANY ITEM NOT CLEARLY DEFINED OR IDENTIFIED BY THE CONTRACT DOCUMENTS. 5.CONTRACTOR SHALL CONTACT LOCAL DIGGERS HOTLINE 48 HOURS PRIOR TO PROCEEDING WITH ANY EXCAVATION, SITE WORK OR CONSTRUCTION. 6.THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND MATERIALS IN ACCORDANCE WITH MANUFACTURERs RECOMMENDATIONS UNLESS SPECIFICALLY INDICATED OTHERWISE OR WHERE LOCAL CODES OR REGULATIONS TAKE PRECEDENCE. 7.ALL WORK PERFORMED AND MATERIALS INSTALLED SHALL BE IN STRICT ACCORDANCE WITH ALL APPLICABLE CODES, REGULATIONS AND ORDINANCES. CONTRACTOR SHALL GIVE ALL NOTICES AND COMPLY WITH ALL LAWS, ORDINANCES, RULES, REGULATIONS AND LAWFUL ORDERS OF ANY PUBLIC AUTHORITY REGARDING THE PERFORMANCE OF THE WORK. MECHANICAL AND ELECTRICAL SYSTEMS SHALL BE INSTALLED IN ACCORDANCE WITH ALL APPLICABLE MUNICIPAL AND UTILITY COMPANY SPECIFICATIONS, AND LOCAL AND STATE JURISDICTIONAL CODES, ORDINANCES AND APPLICABLE REGULATIONS. FROM 18400 EAST 22ND AVENUE AURORA, CO 80011: GET ON I-70 W (1.1 MI), FOLLOW I-70 W TO ARVADA. TAKE EXIT 269A FROM I-70 W (16.7 MI), FOLLOW CO-121 S / WADSWORTH BLVD TO W 29TH AVE IN WHEAT RIDGE (2.1 MI). ALL WORK SHALL BE PERFORMED AND MATERIALS INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THESE CODES. PROPERTY OWNER: SITE INFORMATION GENERAL CONSTRUCTION NOTES CODE COMPLIANCE PROJ. CONTACTS DRIVING DIRECTIONS CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 SITE TYPE:NON BUILDING - SELF SUPPORT TOWER SITE NAME:WHEATRIDGE MUNICIPAL SITE NUMBER:DN03471A SITE ADDRESS:7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JURISDICTION:CITY OF WHEAT RIDGE PARCEL #: 39-264-15-001 A.D.A. COMPLIANCE:NOT REQUIRED PER IBC 1103.2.9. RFDS DATE:*PENDING* APPLICANT: SITE ACQUISITION: T-MOBILE WEST LLC 18400 EAST 22ND AVENUE AURORA, CO 80011 303.313.6923 WYCO LAND SERVICES 6335 DOWNING ST. DENVER, CO 80216 ANNIE MACKIEWICZ 303.601.7241 A&E PROJECT MANAGER T-MOBILE PROJECT MANAGEMENT 18400 EAST 22ND AVENUE AURORA, CO 80011 BRETT PFLEGER 720.420.6757 T-MOBILE CONSTRUCTION MANAGER 18400 EAST 22ND AVENUE AURORA, CO 80011 JOE IACOVETTA 720.434.9943 T-MOBILE CONSTRUCTION MANAGER ENGINEER ON RECORD WYCO ENGINEERING SERVICES 6335 DOWNING ST. DENVER, CO 80216 PARTHA RAMAKRISHNAN, PE 303.253.4468 GOVERNING CODES, AS APPLICABLE: 2018 IBC, 2018 IFC, 2018 IMC, 2018 IECC, 2020 NEC T1 T1 A1 A2 A3.1 A4 A5.1 A6 A7 A8 A9 A10 A11 GN1 TITLE SHEET OVERALL SITE PLAN ENLARGED SITE PLAN EQUIPMENT LAYOUT SOUTHWEST ELEVATIONS ANTENNA & EQUIPMENT KEYS RFDS CABLE COLOR CODING SAFETY PLAN ANTENNA SPECIFICATIONS EQUIPMENT DETAILS EQUIPMENT DETAILS GENERAL NOTES A5.2 ANTENNA LAYOUT SITE LOCATION WYCO ENGINEERING SERVICES 6335 DOWNING ST. DENVER, CO 80216 TYLER NICHOLLS 720.855.5925 A3.2 EQUIPMENT LAYOUT E1 E2 E3 E4 E5 GENERAL NOTES / LEGENDS / INDEX SITE POWER PLAN EQUIPMENT LAYOUT ONE-LINE / PANEL SCHED / CALCS GROUNDING PLANS 07/16/2021 NOTE: PE STAMP IS ONLY FOR COW ARCHITECTURAL PLAN. THE CELL-ON-WHEELS SELECTION IS UNDERTAKEN BY THE CARRIER AND STRUCTURAL WORK IS NOT WITHIN THE SCOPE COVERED BY THE STAMP. THE STAMP IS NOT AN ATTESTATION OF THE STRUCTURAL ADEQUACY OF THE CHOSEN CELL-ON-WHEELS DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE OVERALL SITE PLAN Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 ALL SCALES ARE SET FOR 11"x17" SHEET 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML 4 07/15/2021 CONSTRUCTION TJN SCALE: 1"=40'-0" 20'0 40'80'120' PARCEL #: 39-264-15-001 PROPERTY LINE (TYP.) 14' WIDE ACCESS EASEMENT 1 OVERALL SITE PLAN SCALE: AS NOTED N A1 W. 29TH AVENUE WA D S W O R T H B O U L E V A R D VA N C E S T R E E T (E) BUILDING (E) SELF SUPPORT TOWER (E) PARKING LOT (TYP.) (E) PARKING LOT (TYP.) T-MOBILE PROJECT AREA SEE SHEET A2 07/16/2021 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE ENLARGED SITE PLAN Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 ALL SCALES ARE SET FOR 11"x17" SHEET 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML 4 07/15/2021 CONSTRUCTION TJN SCALE: 3/32"=1'-0" 5'0 10'20'30' 2 ENLARGED SITE PLAN SCALE: AS NOTED 1 T-MOBILE LEASE AREA PHOTO SCALE: N.T.S. N ALPHA GROUND AREA BETA GAMMA NOTE: ACTUAL GROUND SURVEY WAS NOT PERFORMED FOR THIS SITE. THE SITE PLAN WAS DERIVED FROM PROVIDED DRAWINGS AND PHOTOS, GIS DATA, AND AERIAL IMAGES. A2 GROUND AREA T-MOBILE EQUIPMENT AREA SEE SHEET A3.1 COW EQUIPMENT AREA SEE SHEET A3.2 PARKING LOT (E) BUILDING(E) SELF SUPPORT TOWER: - REMOVE (ALL) (E) SPRINT & T-MOBILE ANTENNAS, (6) RRU's, & (ALL) MOUNTING HARDWARE - REMOVE (ALL) (E) T-MOBILE RRU's, HYBRID CABLES TMA's, & DIPLEXERS - REMOVE (1) (E) T-MOBILE COVP (SEE SHEET A3.2) - RELOCATE (3) (E) SPRINT RRH-P4 RRU's (SEE SHEET A3.2) - RELOCATE (1) (E) SPRINT MEDUSA (SEE SHEET A3.2) (E) TOWER COMPOUND (E) EQUIPMENT SHELTER BY OTHERS (1) (N) T-MOBILE 225' HCS 2.0 FIBER TRUNK W/ (2) (N) VOLTAGE AMPLIFIERS & (3) (N) SPRINT 225' HYBRIFLEX CABLES INSIDE (N) 12" COVERED CABLE TRAY (E) CONCRETE CURB (TYP.) (E) CONCRETE CURB (TYP.) 12" COVERED CABLE TRAY LAYED DIRECTLY ON THE GROUND FOR HYBRID CABLES (ADD CAUTION STICKERS) 07/16/2021 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE EQUIPMENT LAYOUT Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 ALL SCALES ARE SET FOR 11"x17" SHEET 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML 4 07/15/2021 CONSTRUCTION TJN 1 EXISTING EQUIPMENT LAYOUT SCALE: AS NOTED N SCALE: 3/8"=1'-0" 0 2'8'3'4'1'1' 2 PROPOSED EQUIPMENT LAYOUT SCALE: AS NOTED N SCALE: 3/8"=1'-0" 0 2'8'3'4'1'1' (E) T-MOBILE PPC W/ GEN. PLUG TO REMAIN (E) T-MOBILE 200A METER & DISCONNECT TO REMAIN A3.1 (E) T-MOBILE TELCO CABINET TO REMAIN (E) T-MOBILE GPS UNIT TO REMAIN (E) TRANSFORMER 32'-4" 20 ' - 0 " 5'-0" 14 ' - 0 " 4'-6" 4'-6" 8'-0" 12'-0" 15 ' - 6 " 12'-6"2'-0"2'-6" 8" 2'- 6 " 2' - 0 " 3'- 0 " ( T Y P . ) (E) T-MOBILE WORK LIGHT TO REMAIN (E) T-MOBILE CMU WALLED EQUIPMENT COMPOUND TO REMAIN (E) T-MOBILE BACKUP GENERATOR TO REMAIN (E) T-MOBILE CONCRETE EQUIPMENT PAD TO REMAIN (TYP.) (E) T-MOBILE STEEL PLATFORM TO REMAIN (E) T-MOBILE CIENA TO REMAIN (1) (E) T-MOBILE COVP TO BE REMOVED (E) T-MOBILE FCOA CABINET TO BE REMOVED (E) T-MOBILE UNISTRUT TABLE TO BE REMOVED (SEE RADIO NOTE ABOVE) (ALL) (E) T-MOBILE TMA's & DIPLEXERS TO BE REMOVED (E) T-MOBILE PURCELL SSC CABINET TO REMAIN (E) T-MOBILE UNISTRUT FRAME TO BE REMOVED (E) T-MOBILE J-BOX TO BE REMOVED (E) BURIED CONDUITS (E) T-MOBILE CABLE TRAY TO REMAIN (E) RELOCATED SPRINT 2.5 NV MMBS CABINET (1) (N) T-MOBILE HCS 2.0 BOTTOM JUNCTION BOX (RE: A11 FOR DETAILS) (E) RELOCATED SPRINT GPS UNIT (1) (E) T-MOBILE GPS UNIT TO BE RELOCATED (E) 12' WIDE STEEL DOUBLE SWING ACCESS GATE TO REMAIN (2) (E) T-MOBILE HCS HI-CAP HYBRID CABLES TO BE REMOVED (E) RELOCATED T-MOBILE GPS UNIT (E) RELOCATED SPRINT NV BATTERY CABINET ±1 ' - 6 " 6" (1) (N) T-MOBILE 225' HCS 2.0 FIBER TRUNK CABLE W/ (2) (N) VOLTAGE AMPLIFIERS IINSTALLED IN (E) PURCELL SSC & (3) (N) SPRINT 225' HYBRIFLEX CABLES ALL INSIDE (N) 12" WIDE COVERED CABLE TRAY TO LAY ON THE GROUND TO FOLLOW CURB LINE EAST TO THE TEMP COW (E) RELOCATED SPRINT PPC, METER, FIBER BOX, & DISCONNECT SWITCH 2' WIDE EASEMENT FOR (N) COVERED 12" WIDE CABLE TRAY(RE:A11) 07/16/2021 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE EQUIPMENT LAYOUT Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 ALL SCALES ARE SET FOR 11"x17" SHEET 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML 4 07/15/2021 CONSTRUCTION TJN N SCALE: 3/8"=1'-0" 0 2'8'3'4'1'1' 1 PROPOSED EQUIPMENT LAYOUT SCALE: AS NOTED (4) (N) CONCRETE ANCHOR POINTS (TYP.) (PER T-MOBILE CM, USE CONCRETE TRAFFIC JERSEY BARRIER / JERSEY WALL) A3.2 RA D I U S = ± 1 4 ' - 0 " RAD I U S = ± 3 1 ' - 0 " (4) (N) GUYED WIRES (ABOVE) (TYP.) (N) T-MOBILE / SPRINT COW (TEMPORARY SITE) W/ (N) GUYED WIRES CONNECTED TO (N) CONCRETE ANCHOR POINTS (3) (E) RELOCATED SPRINT RRH-P4 RRU's ATTACHED TO (N) UNISTRUT FRAME DISTANCE FROM CENTER OF TOWER DISTANCE FROM CENTER OF TOWER (E) CONCRETE CURB (TYP.) (E) PARKING LANE STRIPE (TYP.) 2' WIDE UNDERGROUND CONDUIT EASEMENT (N) 60' TALL RETRACTABLE GUYED TOWER (3) (N) T-MOBILE AHLOA's & (3) (N) AHFIG's ATTACHED TO (N) UNISTRUT FRAME (RE: A10 FOR DETAILS) ±13 ' - 1 0 " ± 8 ' - 8 " ± 8 " ±11 ' - 4 " ±2'- 6 " ± 7 ' - 2 " ± 5 ' - 8 " ±4'-3 " NOTE: TOWER-MOUNTED EQUIPMENT NOT SHOWN FOR CLARITY 1 T-MOBILE LEASE AREA PHOTO SCALE: N.T.S. APPROXIMATE LOCATION OF (N) T-MOBILE / SPRINT COW (TEMPORARY SITE) W/ (N) GUYED WIRES CONNECTED TO (N) CONCRETE ANCHOR POINTS (1) (N) T-MOBILE HCS 2.0 FIBER BREAKOUT FEATURE ATTACHED TO (N) UNISTRUT FRAME (RE: A11 FOR DETAILS) (1) (E) RELOCATED SPRINT MEDUSA ATTACHED TO (N) UNISTRUT FRAME (2) (N) T-MOBILE 225' HCS 2.0 FIBER TRUNK CABLES W/ (2) (N) VOLTAGE AMPLIFIERS IINSTALLED IN (E) PURCELL SSC AND (3) (N) SPRINT 225' HYBRIFLEX CABLES IN (N) 12" WIDE COVERED CABLE TRAY TO LAY ON THE GROUND TO FOLLOW CURB LINE EAST TO THE TEMP COW 07/16/2021 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE SOUTHWEST ELEVATION Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 ALL SCALES ARE SET FOR 11"x17" SHEET 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML 4 07/15/2021 CONSTRUCTION TJN SCALE: 1/4"=1'-0" 2'0 4'8'12' TOP OF T-MOBILE ANTENNAS ELEV. = 60'-0" 1 PROPOSED SOUTHWEST ELEVATION SCALE: AS NOTED T-MOBILE ANTENNAS CL ELEV. = 56'-0" EXISTING GRADE ELEV. = 0'-0" A4 TOP OF RETRACTABLE GUYED TOWER ELEV. = 60'-0" (4) (N) CONCRETE ANCHOR POINTS (TYP.) (PER T-MOBILE CM, USE CONCRETE TRAFFIC JERSEY BARRIER / JERSEY WALL) (4) (N) GUYED WIRES (ABOVE) (TYP.) (N) T-MOBILE / SPRINT COW (TEMPORARY SITE) W/ (N) GUYED WIRES CONNECTED TO (N) CONCRETE ANCHOR POINTS (3) (E) RELOCATED SPRINT RRH-P4 RRU's ATTACHED TO (N) UNISTRUT FRAME (N) 60' TALL RETRACTABLE GUYED TOWER (3) (N) T-MOBILE AHLOA's & (3) (N) AHFIG's ATTACHED TO (N) UNISTRUT FRAME (RE: A10 FOR DETAILS) (1) (N) T-MOBILE ANTENNA (COMMSCOPE - FFV4-65C-R3-V1) (TYP. PER SECTOR, (3) TOTAL) (RE: A5.2 FOR DETAILS) (36) (N) 70' LONG, 1/2"Ø COAX CABLES (TEMPORARY SITE) (1) (N) T-MOBILE HCS 2.0 FIBER BREAKOUT FEATURE ATTACHED TO (N) UNISTRUT FRAME (RE: A11 FOR DETAILS) (1) (E) RELOCATED SPRINT MEDUSA ATTACHED TO (N) UNISTRUT FRAME STRUCTURAL NOTE: THIS IS A TEMPORARY SITE & THE COW (CELL ON WHEELS) IS SELECTED BY T-MOBILE. NO STRUCTURAL ANALYSIS WAS PERFORMED BY WYCO FIELD SERVICES. 07/16/2021 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 ALL SCALES ARE SET FOR 11"x17" SHEET 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML 4 07/15/2021 CONSTRUCTION TJN A5.1 ANTENNA & EQUIPMENT KEYS ANTENNA NOTES: 1.ANTENNA CONTRACTOR SHALL INSURE THAT ALL ANTENNA MOUNTING PIPES ARE PLUMB. 2.FEEDLINE LENGTHS INDICATED ARE APPROXIMATE. 3.ANTENNA COAXIAL FEEDERS & ANTENNA JUMPERS SHALL BE COLOR CODED PER T-MOBILE REQUIREMENTS. 4.IN ADDITION TO THE COLOR CODE, THE FOLLOWING ANTENNA SECTOR COLOR STRIPE SHALL BE ADDED TO EACH ANTENNA SECTOR FEEDLINE & JUMPER. 5.SEE SHEET A7 FOR DETAILS ALPHA - RED STRIPE BETA - BLUE STRIPE GAMMA - WHITE STRIPE DELTA - GREEN STRIPE EPSILON - GRAY STRIPE ZETA - BROWN STRIPE HYBRID - GRAY STRIPE 6.MULTI PORT ANTENNAS: TERMINATE UNUSED ANTENNA PORTS WITH CONNECTOR CAP & WEATHERPROOF THOROUGHLY. JUMPERS FROM TMAs MUST TERMINATE TO OPPOSITE POLARIZATIONS IN EACH SECTOR. 7.CONTRACTOR MUST FOLLOW ALL MANUFACTURERS' RECOMMENDATIONS REGARDING THE INSTALLATION OF FEEDLINES, CONNECTORS, AND ANTENNAS. 8.MINIMUM BEND RADIUS: LDF4-50A (1/2" HARD LINE) = 5" FSJ4-50B (1/2" SUPER FLEX) = 1 1/4" AVA5-50A (7/8" HARD LINE) = 10" AVA7-50A (1-5/8" HARD LINE) = 15" LDF7-50A (1-5/8" HARD LINE) = 20" 9.CONTRACTOR SHALL RECORD THE SERIAL #, SECTOR, AND POSITION OF EACH ACTUATOR INSTALLED AT THE ANTENNAS AND PROVIDE THE INFORMATION TO T-MOBILE. 10.WEATHERPROOF ALL ANTENNA CONNECTORS WITH SELF AMALGAMATING TAPE. 11.ANTENNA CONTRACTOR SHALL PERFORM A "TAPE DROP" MEASUREMENT TO CONFIRM/ VALIDATE ANTENNA CENTERLINE (ACL) HEIGHT. CONTRACTOR SHALL SUBMIT A COMPLETED HEIGHT VERIFICATION FORM TO THE CONSTRUCTION MANAGER. 12.ALL FIBER RUNS CONTAINED IN ONE COMMSCOPE HYBRID DC-FIBER CABLE (MODEL# HCS 2.0 TRUNK CABLE 12#6AWG24 SM FIBER PR) FROM BOTTOM JUNCTION BOX TO FIBER BREAKOUT FEATURE, HYBRID CABLE SHALL BE COLOR CODED PER T-MOBILE REQUIREMENTS. ANTENNA KEY STATUS ANTENNA NUMBER BEAM WIDTH ANTENNA VENDOR MODEL #AZIMUTH ELEC. DOWNTILT MECH. DOWNTILT ANTENNA CENTERLINE AGL TECH. HYBRID FEEDER (QTY) SIZE COLOR CODE (N)A1 65°COMMSCOPE FFV4-65C-R3-V1 340°TBD 0°60'-0"TBD (1) (N) HCS 2.0 TRUNK CABLE (225') (1) (N) SPRINT HYBRIFLEX CABLE (225')GRAY 1 (N)B1 65°COMMSCOPE FFV4-65C-R3-V1 100°TBD 0°60'-0"TBD HCS 2.0 TRUNK CABLE SHARED WITH ALPHA (GRAY 1) (1) (N) SPRINT HYBRIFLEX CABLE (225')GRAY 2 (N)C1 65°COMMSCOPE FFV4-65C-R3-V1 220°TBD 0°60'-0"TBD HCS 2.0 TRUNK CABLE SHARED WITH ALPHA (GRAY 1) (1) (N) SPRINT HYBRIFLEX CABLE (225')GRAY 3 EQUIPMENT PLATFORM / EQUIPMENT KEY LOCATION VENDOR EQUIPMENT MODEL NUMBER TECH.QTY.STATUS WALL NOKIA FIBER J-BOX HCS 2.0 TOWER J-BOX -1 (N) CABINET NOKIA SYSTEM MODULE FSMF G1900 U2100 1 (E) CABINET NOKIA SYSTEM MODULE ABIA L700 L600 L1900 L2100 3 (N) CABINET NOKIA SYSTEM MODULE ABIC L2500 3 (N) CABINET NOKIA SYSTEM MODULE ABIL N600 N2500 4 (N) CABINET NOKIA SYSTEM MODULE AMIA -2 (N) CABINET NOKIA SYSTEM MODULE ASIB L700 L600 L1900 L2100 L2500 2 (N) CABINET NOKIA SYSTEM MODULE ASIK N600 N2500 2 (N) CABINET NOKIA FIBER ROUTER CSR IXRe V1 (GEN1)-1 (N) CABINET -VOLTAGE BOOSTER --1 (N) ANTENNA EQUIPMENT KEY LOCATION VENDOR EQUIPMENT MODEL NUMBER TECH.QTY.STATUS -NOKIA FIBER BREAKOUT HCS 2.0 FIBER BREAKOUT FEATURE -1 (N) -TBD FIBER BREAKOUT (SPRINT) MEDUSA -1 (N) 1 PER SECTOR NOKIA RRU AHLOA TBD 3 (N) 1 PER SECTOR NOKIA RRU AHFIG TBD 3 (N) 1 PER SECTOR SAMSUNG RRU RRH-P4 TBD 3 (E) EQUIPMENT FEEDLINE KEY LOCATION VENDOR EQUIPMENT MODEL NUMBER TECH.QTY.STATUS -SAMSUNG HYBRIFLEX CABLE ±225' HYBRIFLEX CABLE (SPRINT)-3 (N) -COMMSCOPE FIBER TRUNK ±225' HCS 2.0 FIBER TRUNK 12#6AWG24 SM FIBER PR -1 (N) -COMMSCOPE COAX ±70' 1/2" DIA. COAX CABLE -36 (N) 1 ANTENNA NOTES SCALE: N.T.S. 2 ANTENNA & EQUIPMENT KEYS SCALE: N.T.S. NOTES: - INFORMATION PER RFDS DATED: CONTRACTOR TO REFER TO MOST RECENT RFDS BY T-MOBILE PRIOR TO COMMENCING WORK. - REFER TO SHEETS A9.1 & A9.2 FOR ANTENNA SPECIFICATIONS. *PENDING* 07/16/2021 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE ANTENNA LAYOUT Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 ALL SCALES ARE SET FOR 11"x17" SHEET 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML 4 07/15/2021 CONSTRUCTION TJN SCALE: 1"=1'-0" 6"0 1'2'3' N 1 PROPOSED ANTENNA LAYOUT SCALE: AS NOTED (N) BETA SE C T O R AZIMUTH = 100° (N ) A L P H A S E C T O R A Z I M U T H = 3 4 0 ° (N) G A M M A S E C T O R AZIM U T H = 220 ° A5.2 NOTES: - INFORMATION PER RFDS DATED: CONTRACTOR TO REFER TO MOST RECENT RFDS BY T-MOBILE PRIOR TO COMMENCING WORK. - REFER TO SHEETS A9.1 & A9.2 FOR ANTENNA SPECIFICATIONS. *PENDING* NOTE: GROUND EQUIPMENT NOT SHOWN FOR CLARITY (N) 35' TALL RETRACTABLE GUYED TOWER (1) (N) T-MOBILE ANTENNA (COMMSCOPE - FFV4-65C-R3-V1) (TYP. PER SECTOR, (3) TOTAL) (RE: A9.1 FOR DETAILS) A1 B1 C1 STRUCTURAL NOTE: THIS IS A TEMPORARY SITE & THE COW (CELL ON WHEELS) IS SELECTED BY T-MOBILE. NO STRUCTURAL ANALYSIS WAS PERFORMED BY WYCO FIELD SERVICES. 07/16/2021 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE RFDS Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 ALL SCALES ARE SET FOR 11"x17" SHEET 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML 4 07/15/2021 CONSTRUCTION TJN 1 RFDS SCALE: N.T.S. NOTE: PROPOSED PLUMBING DIAGRAM NOT AVAILABLE UPON ISSUANCE OF THESE PLANS. CONTRACTOR SHALL VERIFY WITH T-MOBILE PM & FINAL RFDS PRIOR TO ANY CONSTRUCTION. A6 07/16/2021 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE CABLE COLOR CODING Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 ALL SCALES ARE SET FOR 11"x17" SHEET 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML 4 07/15/2021 CONSTRUCTION TJN A7 1 CABLE COLOR CODING SCALE: N.T.S. ALPHA 1 L700 COAX & JUMPERS = PINKN600 / L600 COAX & JUMPERS = DOUBLE PINK L2100 COAX & JUMPERS EXISTING AWS COAX & JUMPERS = YELLOW GSM (PCS BAND) COAX & JUMPERS = ORANGE UMTS (PCS BAND) COAX & JUMPERS = PURPLE NEW LMU COAX & JUMPERS = BROWN L1900 (PCS BAND) COAX & JUMPERS = DOUBLE PURPLE ALPHA 2 BETA 1 BETA 2 GAMMA 1 GAMMA 2 DELTA 1 DELTA 2 EPSILON 1 EPSILON 2 ZETA 1 ZETA 2 ALPHA 3 ALPHA 4 BETA 3 BETA 4 GAMMA 3 GAMMA 4 DELTA 3 DELTA 4 EPSILON 3 EPSILON 4 ZETA 3 ZETA 4 ALPHA 1 ALPHA 2 BETA 1 BETA 2 GAMMA 1 GAMMA 2 DELTA 1 DELTA 2 EPSILON 1 EPSILON 2 ZETA 1 ZETA 2 ALPHA 3 ALPHA 4 BETA 3 BETA 4 GAMMA 3 GAMMA 4 DELTA 3 DELTA 4 EPSILON 3 EPSILON 4 ZETA 3 ZETA 4 ALPHA 1 ALPHA 2 BETA 1 BETA 2 GAMMA 1 GAMMA 2 DELTA 1 DELTA 2 EPSILON 1 EPSILON 2 ZETA 1 ZETA 2 ALPHA 3 ALPHA 4 BETA 3 BETA 4 GAMMA 3 GAMMA 4 DELTA 3 DELTA 4 EPSILON 3 EPSILON 4 ZETA 3 ZETA 4 ALPHA 1 ALPHA 2 BETA 1 BETA 2 GAMMA 1 GAMMA 2 DELTA 1 DELTA 2 EPSILON 1 EPSILON 2 ZETA 1 ZETA 2 ALPHA 3 ALPHA 4 BETA 3 BETA 4 GAMMA 3 GAMMA 4 DELTA 3 DELTA 4 EPSILON 3 EPSILON 4 ZETA 3 ZETA 4 ALPHA 1 ALPHA 2 BETA 1 BETA 2 GAMMA 1 GAMMA 2 DELTA 1 DELTA 2 EPSILON 1 EPSILON 2 ZETA 1 ZETA 2 ALPHA 3 ALPHA 4 BETA 3 BETA 4 GAMMA 3 GAMMA 4 DELTA 3 DELTA 4 EPSILON 3 EPSILON 4 ZETA 3 ZETA 4 ALPHA 1 ALPHA 2 BETA 1 BETA 2 GAMMA 1 GAMMA 2 DELTA 1 DELTA 2 EPSILON 1 EPSILON 2 ZETA 1 ZETA 2 ALPHA 3 ALPHA 4 BETA 3 BETA 4 GAMMA 3 GAMMA 4 DELTA 3 DELTA 4 EPSILON 3 EPSILON 4 ZETA 3 ZETA 4 ALPHA 1 ALPHA 2 BETA 1 BETA 2 GAMMA 1 GAMMA 2 DELTA 1 DELTA 2 EPSILON 1 EPSILON 2 ZETA 1 ZETA 2 ALPHA 3 ALPHA 4 BETA 3 BETA 4 GAMMA 3 GAMMA 4 DELTA 3 DELTA 4 EPSILON 3 EPSILON 4 ZETA 3 ZETA 4 ALPHA 1 ALPHA 2 BETA 1 BETA 2 GAMMA 1 GAMMA 2 DELTA 1 DELTA 2 EPSILON 1 EPSILON 2 ZETA 1 ZETA 2 ALPHA 3 ALPHA 4 BETA 3 BETA 4 GAMMA 3 GAMMA 4 DELTA 3 DELTA 4 EPSILON 3 EPSILON 4 ZETA 3 ZETA 4 07/16/2021 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE SAFETY PLAN Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 ALL SCALES ARE SET FOR 11"x17" SHEET 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML 4 07/15/2021 CONSTRUCTION TJN 3' SAFETY PATH TO EQUIPMENT 1 SAFETY PLAN SCALE: N.T.S. NOTE: THIS SITE MEETS OSHA COMPLIANCE FOR FIELD OPERATIONS TO ACCESS BTS EQUIPMENT AT GROUND LEVEL. ALPHA, BETA, & GAMMA SECTOR RADIOs ON COW PLATFORM ARE ACCESSIBLE BY TECHNICIANS. ALPHA, BETA, & GAMMA SECTOR ANTENNAs ARE ACCESSIBLE BY TOWER CREW ONLY. A8 LEGEND 3' SAFETY PATH TO EQUIPMENT 3' SAFETY PATH TO EQUIPMENT ALPHA GROUND AREA BETA GAMMA GROUND AREA T-MOBILE EQUIPMENT AREA SEE SHEET A3.1 COW EQUIPMENT AREA SEE SHEET A3.2 PARKING LOT RELOCATE (2) (E) SPRINT EQUIPMENT CABINETS & (1) (E) SPRINT GPS UNIT FROM THE (E) SPRINT COMPOUND TO THE (E) T-MOBILE COMPOUND (RE: A3.1 FOR LAYOUT) (E) BUILDING(E) SELF SUPPORT TOWER: - REMOVE (ALL) (E) SPRINT & T-MOBILE ANTENNAS, (6) RRU's, & (ALL) MOUNTING HARDWARE - REMOVE (ALL) (E) T-MOBILE RRU's, TMA's, & DIPLEXERS - RELOCATE (2) (E) T-MOBILE COVP's (SEE SHEET A3.2) - RELOCATE (3) (E) SPRINT RRH-P4 RRU's (SEE SHEET A3.2) - RELOCATE (1) (E) SPRINT MEDUSA (SEE SHEET A3.2) (E) TOWER COMPOUND (E) EQUIPMENT SHELTER BY OTHERS (4) (N) ±190'x5"Ø UNDERGROUND CONDUIT RUNS: - (2) (E) T-MOBILE 225' HI-CAP HCS HYBRID CABLES TO REMAIN - (1) (N) T-MOBILE 225' HCS 2.0 FIBER TRUNK W/ (2) (N) VOLTAGE AMPLIFIERS - (1) (N) SPRINT 225' HYBRID CABLE (CONTRACTOR SHALL VERIFY WITH T-MOBILE PM PRIOR TO ANY CONSTRUCTION) (E) CONCRETE CURB (TYP.) (E) CONCRETE CURB (TYP.)2' WIDE UNDERGROUND CONDUIT EASEMENT CONDUIT NOTE: ONLY HORIZONTAL DISTANCE WAS CALCULATED FOR THE CONDUIT LENGTH 07/16/2021 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE ANTENNA SPECIFICATIONS Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 ALL SCALES ARE SET FOR 11"x17" SHEET 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML 4 07/15/2021 CONSTRUCTION TJN 1 ANTENNA SPECIFICATIONS SCALE: N.T.S. A9 07/16/2021 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE RRU MOUNTED TO FPKA FPKA CLAMPED & TIGHTENED TO PIPE TYP. x2 RRU MOUNTED TO FPKA FPKA CLAMPED & TIGHTENED TO PIPE TYP. x2 PIPE MOUNTED UNISTRUT MOUNTED (2) 1-5/8" UNISTRUT (VERTICAL OR HORIZONTAL INSTALL) UNISTRUT NUT & 3/8" NUT TYP. UNISTRUT TO WALL W/ 5/8" EXPANSION ANCHOR TYP. X2 PER UNISTRUT 3/8" BOLT & WASHER TYP. X4 PER RRU EQUIPMENT DETAILS Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 ALL SCALES ARE SET FOR 11"x17" SHEET 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML 4 07/15/2021 CONSTRUCTION TJN 1 RRU SPECIFICATIONS (AHLOA) SCALE: N.T.S. 3 RRU MOUNTING DETAIL SCALE: N.T.S. 4 SYSTEM / RADIO MODULE MOUNTING DETAILS SCALE: N.T.S. NOKIA FLEXI SYSTEM/RADIO MODULES FSMF, FSME, FRIE & FXFC CLEARANCES:FRONT: 23.6" BACK: 8" TOP: 1.2" SIDES: 4" WEIGHT:44 lbs ADDITIONAL NOTE:MODULE CAN BE INSTALLED VERTICALLY & HORIZONTALLY FPKA MOUNTING BRACKET MODULE PLINTH PIPE UNISTRUT P2452 KNEE BRACE (TYP. OF (4) PER TABLE) UNISTRUT P1000 1 5/8" GALV. (TYP.) EQUIP. PLATFORM 1/2"Ø x 10" A325 NC THROUGH BOLT W/ 1/2" NUT, FENDER WASHER, & LOCK WASHER (TYP. OF (4) PER BRKT.) 7"x7"x1/2" STEEL BACKING PLATE (TYP. OF (4)) 27" 36 " ( M I N . ) UNISTRUT P2072A BASE BRKT. SYSTEM MODULE MOUNTED TO INTERIOR CABINET RACK EQUIP. CABINET STACKED MODULES NOTE: ONLY 1/2"Ø A325 NC BOLTS ARE TO BE USED FOR TABLE ASSEMBLY. UNISTRUT TABLE 2 RRU SPECIFICATIONS (AHFIG) SCALE: N.T.S. A10 07/16/2021 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE EQUIPMENT DETAILS Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 ALL SCALES ARE SET FOR 11"x17" SHEET 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML 4 07/15/2021 CONSTRUCTION TJN 2 CABLE TRAY OR APPROVED EQUAL FROM CM SCALE: N.T.S. 1 HCS 2.0 TRUNK CABLE SPECIFICATIONS SCALE: N.T.S. 4 CABLE TRAY COVER OR APPROVED EQUAL FROM CM SCALE: N.T.S. A11 3 HCS 2.0 FIBER BREAKOUT FEATURE SPECIFICATIONS SCALE: N.T.S. 07/16/2021 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE GENERAL NOTES Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 ALL SCALES ARE SET FOR 11"x17" SHEET 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML 4 07/15/2021 CONSTRUCTION TJN GN1 GENERAL CONSTRUCTION NOTES: 1.THE FACILITY IS AN UNOCCUPIED WIRELESS FACILITY. 2.PLANS ARE NOT TO BE SCALED AND ARE INTENDED TO BE A DIAGRAMMATIC OUTLINE ONLY, UNLESS NOTED OTHERWISE. THE WORK SHALL INCLUDE FURNISHING MATERIALS, EQUIPMENT, APPURTENANCES AND LABOR NECESSARY TO COMPLETE ALL INSTALLATIONS AS INDICATED ON THE DRAWINGS. 3.PRIOR TO THE SUBMISSION OF BIDS, THE CONTRACTORS SHALL VISIT THE JOB SITE AND BE RESPONSIBLE FOR ALL CONTRACT DOCUMENTS, FIELD CONDITIONS AND DIMENSIONS, AND CONFIRMING THAT THE WORK MAY BE ACCOMPLISHED AS SHOWN PRIOR TO PROCEEDING WITH CONSTRUCTION. ANY DISCREPANCIES ARE TO BE BROUGHT TO THE ATTENTION OF THE IMPLEMENTATION ENGINEER AND ARCHITECT/ENGINEER PRIOR TO PROCEEDING WITH THE WORK. 4.THE CONTRACTOR SHALL RECEIVE, IN WRITING, AUTHORIZATION TO PROCEED BEFORE STARTING WORK ON ANY ITEM NOT CLEARLY DEFINED OR IDENTIFIED BY THE CONTRACT DOCUMENTS. 5.CONTRACTOR SHALL CONTACT LOCAL DIGGERS HOTLINE 48 HOURS PRIOR TO PROCEEDING WITH ANY EXCAVATION, SITE WORK OR CONSTRUCTION. 6.THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND MATERIALS IN ACCORDANCE WITH MANUFACTURERs RECOMMENDATIONS UNLESS SPECIFICALLY INDICATED OTHERWISE OR WHERE LOCAL CODES OR REGULATIONS TAKE PRECEDENCE. 7.ALL WORK PERFORMED AND MATERIALS INSTALLED SHALL BE IN STRICT ACCORDANCE WITH ALL APPLICABLE CODES, REGULATIONS AND ORDINANCES. CONTRACTOR SHALL GIVE ALL NOTICES AND COMPLY WITH ALL LAWS, ORDINANCES, RULES, REGULATIONS AND LAWFUL ORDERS OF ANY PUBLIC AUTHORITY REGARDING THE PERFORMANCE OF THE WORK. MECHANICAL AND ELECTRICAL SYSTEMS SHALL BE INSTALLED IN ACCORDANCE WITH ALL APPLICABLE MUNICIPAL AND UTILITY COMPANY SPECIFICATIONS, AND LOCAL AND STATE JURISDICTIONAL CODES, ORDINANCES AND APPLICABLE REGULATIONS. 8.THE GENERAL CONTRACTOR SHALL SUPERVISE AND DIRECT THE WORK, USING THE BEST SKILLS AND ATTENTION. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES AND PROCEDURES AND FOR COORDINATING ALL PORTIONS OF THE WORK UNDER THE CONTRACT INCLUDING CONTACT AND COORDINATION WITH THE CONSTRUCTION FIELD ENGINEER AND WITH THE LANDLORDs AUTHORIZED REPRESENTATIVE. 9.DETAILS ARE INTENDED TO SHOW END RESULT OF DESIGN. MINOR MODIFICATIONS MAY BE REQUIRED TO SUIT JOB DIMENSIONS OR CONDITIONS, AND SUCH MODIFICATIONS SHALL BE INCLUDED AS PART OF THE WORK. 10.REPRESENTATIONS OF TRUE NORTH, OTHER THAN THOSE FOUND ON THE PLOT OF SURVEY DRAWING, SHALL NOT BE USED TO IDENTIFY OR ESTABLISH THE BEARING OF TRUE NORTH AT THE SITE. THE CONTRACTOR SHALL RELY SOLELY ON THE PLOT OF SURVEY DRAWING AND ANY SURVEYORs MARKINGS AT THE SITE FOR THE ESTABLISHMENT OF TRUE NORTH, AND SHALL NOTIFY THE ARCHITECT/ENGINEER PRIOR TO PROCEEDING WITH THE WORK IF ANY DISCREPANCY IS FOUND BETWEEN THE VARIOUS ELEMENTS OF THE WORKING DRAWINGS AND THE TRUE NORTH ORIENTATION AS DEPICTED ON THE PLAT OF SURVEY. THE CONTRACTOR SHALL ASSUME SOLE LIABILITY FOR ANY FAILURE TO NOTIFY THE ARCHITECT/ENGINEER. STRUCTURAL NOTES: 1.0 GENERAL CONDITIONS 1.1 DESIGN AND CONSTRUCTION OF ALL WORK SHALL CONFORM TO THE APPROVED EDITION OF THE IBC EDITION AND ALL OTHER APPLICABLE STATE CODES, ORDINANCES, AND REGULATIONS. IN CASE OF CONFLICT BETWEEN THE CODES, STANDARDS, AND REGULATIONS. SPECIFICATIONS, GENERAL NOTES AND/OR MANUFACTURERs REQUIREMENTS. USE THE MOST STRINGENT PROVISION. 1.2 IT IS THE EXPRESS INTENT OF THE PARTIES INVOLVED IN THIS PROJECT THAT THE CONTRACTOR OR SUBCONTRACTOR OR INDEPENDENT CONTRACTOR OR THEIR RESPECTIVE EMPLOYEES SHALL EXCULPATE THE ARCHITECT, THE ENGINEER, THE CONSTRUCTION MANAGER, THE OWNER, AND THEIR AGENTS, FROM ANY LIABILITY WHATSOEVER AND HOLD THEM HARMLESS AGAINST LOSS, DAMAGES, LIABILITY OR ANY EXPENSE ARISING IN ANY MATTER FROM THE WRONGFUL OR NEGLIGENT ACT, OR FAILURE TO CARRY OUT THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, OR THE CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES OR FAILURE TO CONFORM TO THE STATE SCAFFOLDING ACT IN CONNECTION WITH THE WORK. 1.3 DO NOT SCALE DRAWINGS. 1.4 VERIFY ALL EQUIPMENT MOUNTING DIMENSIONS PER MANUFACTURER DRAWINGS. 1.5 SUBMIT ONE SEPIA AND TWO PRINTS OF ALL STRUCTURAL SHOP DRAWINGS. MARKED UP SEPIA SHALL BE RETURNED. STRUCTURAL STEEL NOTES: 1.CHANNELS, ANGLES AND PLATES SHALL BE ASTM A36 MATERIAL, UNLESS NOTED OTHERWISE. 2.SQUARE AND RECTANGULAR TUBE STEEL HSS SECTIONS SHALL BE ASTM A500, GRADE B (Fy = 46 ksi) MATERIAL. 3. ROUND PIPE SECTIONS SHALL BE ASTM A53, GRADE B (Fy =35 ksi) MATERIAL. 4.DESIGN, FABRICATION, AND ERECTION SHALL BE IN ACCORDANCE WITH THE “AISC SPECIFICATION FOR THE DESIGN, FABRICATION AND ERECTION OF STRUCTURAL STEEL FOR BUILDINGS”, WITH COMMENTARY AND THE “CODE OF STANDARD PRACTICE”. 5.ALL STEEL SHALL HAVE ONE COAT OF SHOP PRIMER. DO NOT PAINT AREAS WITHIN 3” OF BOLTS, WELDS OR HEADED STUDS. 6.BOLTS SHALL BE HIGH STRENGTH BOLTS, A325, CONFORMING TO ASTM SPECIFICATIONS. ALL CONNECTIONS SHALL HAVE A MINIMUM OF 2 BOLTS. 7.WELDING SHALL BE CONDUCTED BY CERTIFIED WELDERS AND SHALL CONFORM TO THE AWS CODES FOR ARC AND GAS WELDING IN BUILDING CONSTRUCTION. 8.WELDS SHALL BE MADE USING E70XX ELECTRODES AND SHALL BE 3/16" MINIMUM UNLESS OTHERWISE NOTED. 9.WELDING SHALL BE PERFORMED IN ACCORDANCE WITH A WELDED PROCEDURE SPECIFICATION (WPS) AS PER AWS D1.1 , D1.3 AND D1.4. 10.ONLY PRE-QUALIFIED WELDING PROCEDURES SHALL BE USED. 11.UNLESS SPECIFICALLY ADDRESSED IN THE SPECIFICATIONS OR THE DETAILS, ALL STEEL ITEMS PERMANENTLY EXPOSED TO EARTH OR WEATHER SHALL BE CORROSION-RESISTANT BY GALVANIZING OR BY THE USE OF STAINLESS STEEL. 12.ALL FIELD WELDS ON GALVANIZED MATERIAL SHALL BE BRUSH-COATED WITH A ZINC-RICH PAINT. FRP NOTES: 1.ALL FRP MATERIAL SHALL BE EXTREN SERIES 500 OR EQUIVALENT, PRODUCED BY THE PULTRUSION METHOD. 2.ALL ADHESIVE RESIN SHALL BE PLEXUS METHACRYLATE OR AN EQUIVALENT ADHESIVE RESIN THAT IS COMPATIBLE WITH THE RESIN MATRIX USED IN THE STRUCTURAL SHAPES. 3.ALL FRP CONNECTIONS SHALL BE FULLY-BONDED AT EACH SIDE WITH A 1/4” PLATE AND A MINIMUM OF (2) 3/8” DIAMETER FLATHEAD FRP SCREWS PER MEMBER. 4.ISOPLAST NUTS AND BOLTS SHALL BE TIGHTENED TO A SNUG-TIGHT FIT PLUS AN ADDITIONAL 1/2 TURN, PRIOR TO BEING LOCKED WITH EPOXY. 5.ALL PANELS / SHEATHING SHALL BE FULLY BONDED WITH 3/8” FLATHEAD FRP SCREWS AT 12” O.C. 6.ALL FIELD CUT AND DRILLED EDGES, HOLES AND ABRASIONS SHALL BE SEALED WITH A CATALYZED EPOXY RESIN COMPATIBLE WITH THE MANUFACTURERs ORIGINAL RESIN. CONCRETE NOTES: 3.0 STANDARDS FOR ALL CONCRETE WORK: 3.1 ALL CONCRETE WORK SHALL CONFORM WITH ACI. 318 OR LATEST. DETAIL REINFORCING IN CONFORMANCE WITH ACI. SP66 LATEST. 3.2 NO SPLICES OF REINFORCEMENT SHALL BE MADE EXCEPT AS DETAILED OR AUTHORIZED BY THE STRUCTURAL ENGINEER. LAP SPLICES WHERE PERMITTED SHALL BE A MINIMUM OF 30 BAR DIAMETERS. 3.3 PROVIDE ALL ACCESSORIES NECESSARY TO SUPPORT REINFORCING AT POSITIONS SHOW ON DRAWINGS. 3.4 WIRE FABRIC REINFORCEMENT MUST LAP ONE FULL MESH AT SIDE AND END LAPS SHALL BE TIED TOGETHER. 3.5 CURE AFTER FINISHING CONCRETE. KEEP MOIST FOR 7 DAYS AFTER POURING. 3.6 COMPACT STRUCTURAL FILL 95% PROCTOR DENSITY PRIOR TO PLACING CONCRETE UNDER SLABS. 3.7 1/4" CHAMFER ON ALL CORNERS AND EDGES. 3.8 ALL CONCRETE SHALL BE PORTLAND, TYPE 1 CEMENT WITH A MINIMUM OF 28 DAY STRENGTH OF 3000 PSI., 4" SLUMP AND A MINIMUM AIR ENTRAPMENT OF 4%. 3.9 ALL REINFORCING STEEL SHALL BE GRADE 60. ALL REINFORCING MESH SHALL CONFORM TO ASTM A 185. ELECTRICAL NOTES: 1.SUBMITTAL OF BID INDICATES CONTRACTOR IS COGNIZANT OF ALL JOB SITE CONDITIONS AND WORK TO BE PREFORMED UNDER THIS CONTRACT. CONTRACTOR IS RESPONSIBLE FOR ALL FIELD VERIFICATION. 2.THESE PLANS ARE DIAGRAMMATIC ONLY, AND NOT TO BE SCALED. 3.ELECTRICAL CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS, INSURANCE, EQUIPMENT, INSTALLATION, CONSTRUCTION TOOLS, TRANSPORTATION, ETC. FOR A COMPLETE AND PROPERLY OPERATIVE SYSTEM ENERGIZED THROUGHOUT AND AS INDICATED ON DRAWINGS, AS SPECIFIED HEREIN AND/OR AS OTHERWISE REQUIRED. 4.ALL MATERIALS AND EQUIPMENT SHALL BE NEW AND IN PERFECT CONDITION WHEN INSTALLED AND SHALL BE OF THE BEST GRADE OR GROUP OF EQUIPMENT. MATERIALS SHALL BE LISTED AND APPROVED BY UNDER-WRITERs LABORATORY AND SHALL BEAR THE INSPECTION LABEL "J" WHERE SUBJECT TO SUCH APPROVAL MATERIALS SHALL MEET WITH APPROVAL OF THE DIVISION OF INDUSTRIAL SAFETY AND ALL GOVERNING BODIES HAVING JURISDICTION. MATERIALS SHALL BE MANUFACTURED IN ACCORDANCE WITH APPLICABLE STANDARDS ESTABLISHED BY ANSI, NEMA AND NBFU. 5.ALL CONDUIT INSTALLED SHALL BE SURFACE MOUNTED UNLESS OTHERWISE NOTED. 6.ELECTRICAL CONTRACTOR SHALL CARRY OUT HIS WORK WITH ACCORDANCE WITH ALL GOVERNING STATE, COUNTY, LOCAL CODES AND O.S.H.A. 7.ELECTRICAL CONTRACTOR SHALL SECURE ALL NECESSARY ELECTRICAL PERMITS, AND PAY ALL REQUIRED FEES. 8.COMPLETE JOB SHALL BE GUARANTEED FOR A PERIOD OF NO LESS THAN ONE YEAR AFTER THE DATE OF JOB COMPLETION. ANY WORK, MATERIAL, OR EQUIPMENT FOUND TO BE FAULTY DURING THAT PERIOD SHALL BE CORRECTED AT ONCE, UPON WRITTEN NOTIFICATION, AT THE EXPENSE OF THE ELECTRICAL CONTRACTOR. 9.ALL CONDUIT ONLY (C.O.) SHALL HAVE A PULL WIRE OR ROPE, AND TRUE TAPE. 10.PROVIDE THE OWNER WITH ONE SET OF COMPLETE DIMENSIONS AND CIRCUITS, WITHIN 10 WORKING DAYS OF PROJECT COMPLETION. ELECTRICAL "AS BUILT" DRAWINGS, SHOWING ACTUAL LOCATION OF CONDUITS. 11.ALL BROCHURES, OPERATING MANUALS, CATALOGS, SHOP DRAWINGS, ETC. SHALL BE TURNED OVER TO PROJECT MANAGER AT JOB COMPLETION. 12.USE T-TAP CONNECTIONS ON ALL MULTI-CIRCUITS WITH COMMON NEUTRAL CONDUCTOR FOR LIGHTING FIXTURE. ALL CONDUCTORS SHALL BE COPPER. 13.THE EXTERIOR GROUND RING SHALL BE TESTED PER CCI SPECIFICATIONS AND SHALL HAVE A RESISTANCE TO EARTH OF 5 OHMS OR LESS. IF NOT NOTIFY ENGINEER. 14.ALL CIRCUIT BREAKERS, FUSES AND ELECTRICAL EQUIPMENT SHALL HAVE AN INTERRUPTING RATING NOT LESS THAN THE MAXIMUM SHORT CIRCUIT CURRENT TO WHICH THEY MAY BE SUBJECTED, AND A MINIMUM OF 10,000 A.I.C. 15.THE ENTIRE ELECTRICAL INSTALLATION SHALL BE GROUNDED AS REQUIRED BY ALL APPLICABLE CODES. 16.PATCH, REPAIR, AND PAINT ANY AREA THAT HAS BEEN DAMAGED IN THE COURSE OF THE ELECTRICAL WORK. 17.IN DRILLING HOLES INTO CONCRETE (WHETHER FOR FASTENING OR ANCHORING PURPOSES OR PENETRATIONS THROUGH THE FLOOR FOR CONDUIT RUNS, PIPE RUNS, ETC.) IT MUST BE CLEARLY UNDERSTOOD THAT TENDONS AND RE-BARS WILL NOT BE DRILLED INTO, CUT, OR DAMAGED UNDER ANY CIRCUMSTANCES. 18.LOCATION OF TENDONS AN RE-BARS ARE NOT DEFINITELY KNOWN AND THEREFORE MUST BE SEARCHED FOR BY APPROPRIATE METHODS AND EQUIPMENT VIA X-RAY, OR OTHER DEVICES THAT CAN ACCURATELY LOCATE THE REINFORCING STEEL TENDONS. 19.PENETRATIONS IN FIRE RATED WALLS SHALL BE FIRE STOPPED IN ACCORDANCE WITH APPLICABLE LOCAL BUILDING CODES. USING U.L. RATED MATERIALS. 20.ELECTRICAL CONTRACTOR IS TO COORDINATE WITH UTILITY COMPANY FOR CONNECTION OF TEMPORARY AND PERMANENT POWER TO THE SITE. THE TEMPORARY POWER AND ALL HOOK-UP COSTS SHALL BE PAID BY THE CONTRACTOR. 21.ELECTRICAL CONTRACTOR SHALL SUBMIT SHOP DRAWINGS AND/OR CATALOG CUT-SHEETS ON ALL NON-SPECIFIED ORIGINAL MATERIALS AND EQUIPMENT, TO PROJECT MANAGER PRIOR TO COMMENCEMENT OF THE WORK. 22.UPON COMPLETION OF WORK, CONDUCT CONTINUITY AND SHORT CIRCUIT, AS WELL AS, GROUNDING TEST, GROUNDING TEST SHALL BE PREFORMED BY INDEPENDENT TESTING AGENCY, WITH WRITTEN REPORT SUBMITTED TO THE PROJECT MANAGER FOR REVIEW AND APPROVAL. 23.CLEAN PREMISES DAILY OF ALL DEBRIS RESULTING FROM WORK AND LEAVE WORK PREMISES IN A COMPLETE AND UNDAMAGED CONDITION. 24.ALL EXTERIOR WALL PENETRATIONS SHALL BE SEALED WITH POLYSEAM SEALANT. 25.ALL #2 TINNED BARE COPPER DOWNLEADS TO BE PROTECTED BY 1/2" P.V.C. PIPE AND SECURED. 26.COMPRESSION FITTINGS TO BE USED ON ALL CONDUITS (NO SET SCREWS). 27.ALL #6 STRANDED COPPER WITH GREEN INSULATION TO BE ATTACHED WITH CRIMPED DOUBLE LUG, ATTACHED WITH NUTS, BOLTS AND STAR WASHERS TYPICAL AND NO-OX GREASE BETWEEN LUG AND BUS BAR. 28.ALL ABOVE GROUND CONDUIT SHALL BE RIGID GALVANIZED CONDUIT WITH WEATHERPROOF FITTINGS. GROUNDING: 1.ALL METALLIC PARTS OF ELECTRICAL EQUIPMENT WHICH DO NOT CARRY CURRENT SHALL BE GROUNDED IN ACCORDANCE WITH THE REQUIREMENTS OF THE BUILDING MANUFACTURER, T-MOBILE GROUNDING AND BONDING STANDARDS, AND THE NATIONAL ELECTRICAL CODE. 2.PROVIDE ELECTRICAL GROUNDING AND BONDING SYSTEM INDICATED WITH ASSEMBLY OF MATERIALS, INCLUDING GROUNDING ELECTRODES, BONDING JUMPERS AND ADDITIONAL ACCESSORIES AS REQUIRED FOR A COMPLETE INSTALLATION. 3.ALL GROUNDING CONDUCTORS SHALL PROVIDE A STRAIGHT DOWNWARD PATH TO GROUND WITH GRADUAL BEND AS REQUIRED. GROUNDING CONDUCTORS SHALL NOT BE LOOPED OR SHARPLY BENT. ROUTE GROUNDING CONNECTIONS AND CONDUCTORS TO GROUND IN THE SHORTEST AND STRAIGHTEST PATHS POSSIBLE TO MINIMIZE TRANSIENT VOLTAGE RISES. 4.GROUNDING CONDUCTORS ARE REQUIRED TO BE ROUTED TO GRADE, THE CONTRACTOR SHALL ROUTE TWO GROUNDING CONDUCTORS FROM THE ROOFTOP, TOWERS, AND WATER TOWERS GROUND RING, TO THE EXISTING GROUNDING SYSTEM, THE GROUNDING CONDUCTORS SHALL NOT BE SMALLER THAN #2 AWG COPPER. ROOFTOP GROUND RING SHALL BE BONDED TO THE EXISTING GROUNDING SYSTEM, THE BUILDING STEEL COLUMNS, LIGHTNING PROTECTION SYSTEM, AND BUILDING MAIN WATER LINE (FERROUS OR NONFERROUS METAL PIPING ONLY). 5.TIGHTEN GROUNDING AND BONDING CONNECTORS, INCLUDING SCREWS AND BOLTS, IN ACCORDANCE WITH MANUFACTURERs PUBLISHED TORQUE TIGHTENING VALUES FOR CONNECTORS AND BOLTS. WHERE MANUFACTURERs TORQUING REQUIREMENTS ARE NOT AVAILABLE, TIGHTEN CONNECTIONS TO COMPLY WITH TIGHTENING TORQUE VALUES SPECIFIED IN UL TO ASSURE PERMANENT AND EFFECTIVE GROUNDING. CONTRACTOR SHALL VERIFY THE LOCATIONS OF GROUNDING TIE-IN-POINTS TO THE EXISTING GROUNDING SYSTEM. 6.ALL UNDERGROUND GROUNDING CONNECTIONS SHALL BE MADE BY THE GROUNDING SYSTEM. EXOTHERMIC WELD PROCESS AND INSTALLED IN ACCORDANCE WITH THE MANUFACTURERs INSTRUCTIONS. 7.ALL GROUNDING CONNECTIONS SHALL BE INSPECTED FOR TIGHTNESS. EXOTHERMIC WELDED CONNECTIONS SHALL BE APPROVED BY THE INSPECTOR HAVING JURISDICTION BEFORE BEING PERMANENTLY CONCEALED. 8.APPLY CORROSION-RESISTANCE FINISH TO FIELD CONNECTIONS AND PLACES WHERE FACTORY APPLIED PROTECTIVE COATINGS HAVE BEEN DESTROYED. 9.A SEPARATE, CONTINUOUS, INSULATED EQUIPMENT GROUNDING CONDUCTOR SHALL BE INSTALLED IN ALL FEEDER AND BRANCH CIRCUITS. 10.BOND ALL INSULATED GROUNDING BUSHINGS WITH A BARE 6 AWG GROUNDING CONDUCTOR TO A GROUND BUS. 11.DIRECT BURIED GROUNDING CONDUCTORS SHALL BE INSTALLED AT A NOMINAL DEPTH OF 36" MINIMUM BELOW GRADE, OR 6" BELOW THE FROST LINE, USE THE GREATER OF THE TWO DISTANCES. 12.ALL GROUNDING CONDUCTORS EMBEDDED IN OR PENETRATING CONCRETE SHALL BE INSTALLED IN SCHEDULE 40 PVC CONDUIT. 13.THE INSTALLATION OF CHEMICAL ELECTROLYTIC GROUNDING SYSTEM IN STRICT ACCORDANCE WITH MANUFACTURERs INSTRUCTIONS. REMOVE SEALING TAPE FROM LEACHING AND BREATHER HOLES. INSTALL PROTECTIVE BOX FLUSH WITH GRADE. 14.DRIVE GROUND RODS UNTIL TOPS ARE A MINIMUM DISTANCE OF 36" DEPTH OR 6" BELOW FROST LINE, USING THE GREATER OF THE TWO DISTANCES. 15.IF COAX ON THE ICE BRIDGE IS MORE THAN 6 FT. FROM THE GROUND BAR AT THE BASE OF THE TOWER, A SECOND GROUND BAR WILL BE NEEDED AT THE END OF THE ICE BRIDGE, TO GROUND THE COAX CABLE GROUNDING KITS AND IN-LINE ARRESTORS. 16.CONTRACTOR SHALL REPAIR, AND/OR REPLACE, EXISTING GROUNDING SYSTEM COMPONENTS DAMAGED DURING CONSTRUCTION AT THE CONTRACTORS EXPENSE. 07/16/2021 STAMPED FOR STRUCTURAL NOTES ONLY DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML E-1 GENERAL NOTES / LEGENDS / SHEET INDEX for questions orcomments contactnumber below: phone: 602.287.0300 fax: 602.287.0600 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE SITE POWER PLAN Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML SCALE: 3/32"=1'-0" 5'0 10'20'30' 2 SITE POWER PLAN SCALE: AS NOTED 1 T-MOBILE LEASE AREA PHOTO SCALE: N.T.S. N GROUND AREA NOTE: ACTUAL GROUND SURVEY WAS NOT PERFORMED FOR THIS SITE. THE SITE PLAN WAS DERIVED FROM PROVIDED DRAWINGS AND PHOTOS, GIS DATA, AND AERIAL IMAGES. E-2 GROUND AREA T-MOBILE EQUIPMENT AREA SEE SHEET E-3 PARKING LOT (E) BUILDING(E) SELF SUPPORT TOWER: - REMOVE (ALL) (E) SPRINT & T-MOBILE ANTENNAS, (6) RRU's, & (ALL) MOUNTING HARDWARE - REMOVE (ALL) (E) T-MOBILE RRU's, HYBRID CABLES TMA's, & DIPLEXERS (E) TOWER COMPOUND (E) EQUIPMENT SHELTER BY OTHERS (1) (N) T-MOBILE 225' HCS 2.0 FIBER TRUNK W/ (2) (N) VOLTAGE AMPLIFIERS & (3) (N) SPRINT 225' HYBRIFLEX CABLES INSIDE (N) 12" COVERED CABLE TRAY (E) CONCRETE CURB (TYP.) (E) CONCRETE CURB (TYP.) 12" COVERED CABLE TRAY LAYED DIRECTLY ON THE GROUND FOR HYBRID CABLES (ADD CAUTION STICKERS) for questions orcomments contactnumber below: phone: 602.287.0300 fax: 602.287.0600 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE EQUIPMENT LAYOUT Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML N SCALE: 3/8"=1'-0" 0 2'8'3'4'1'1' 1 PROPOSED EQUIPMENT LAYOUT SCALE: AS NOTED E-3 (E) RELOCATED SPRINT 2.5 NV MMBS CABINET (1) (N) T-MOBILE HCS 2.0 BOTTOM JUNCTION BOX (E) RELOCATED SPRINT GPS UNIT (E) RELOCATED T-MOBILE GPS UNIT (E) RELOCATED SPRINT NV BATTERY CABINET ±1 ' - 6 " 6" (1) (N) T-MOBILE 225' HCS 2.0 FIBER TRUNK CABLE W/ (2) (N) VOLTAGE AMPLIFIERS IINSTALLED IN (E) PURCELL SSC & (3) (N) SPRINT 225' HYBRIFLEX CABLES ALL INSIDE (N) 12" WIDE COVERED CABLE TRAY TO LAY ON THE GROUND TO FOLLOW CURB LINE EAST TO THE TEMP COW (E) RELOCATED SPRINT PPC, METER, FIBER BOX, & DISCONNECT SWITCH 2' WIDE EASEMENT FOR (N) COVERED 12" WIDE CABLE TRAY (E) T-MOBILE PURCELL SSC CABINET TO REMAIN (E) T-MOBILE 200A METER & DISCONNECT TO REMAIN (E) T-MOBILE TELCO CABINET TO REMAIN (E) TRANSFORMER (E) T-MOBILE BACKUP GENERATOR TO REMAIN (E) T-MOBILE WORK LIGHT TO REMAIN (E) CONDUIT AND CONDUCTOR FROM THE TRANSFORMER TO THE SERVICE. SEE ONE-LINE DIAGRAM FOR MORE INFORMATION (E) CONDUIT AND CONDUCTOR FROM THE SERVICE DISCONNECT TO THE PPC. SEE ONE-LINE DIAGRAM FOR MORE INFORMATION for questions orcomments contactnumber below: phone: 602.287.0300 fax: 602.287.0600 DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML E-4 ONE-LINE / PANEL SCHEDULES / CALCULATIONS WARNING Electric Arc Flash Hazard Will cause severe injury or death Wear proper protective equipment before opening or performing diagnostic measurements while energized. (See NFPA 70E) PROVIDE APPROVED ARC-FLASH HAZARD WARNING ON ALL REQUIRED ELECTIRCAL EQUIPMENT PER NEC 110.16 for questions orcomments contactnumber below: phone: 602.287.0300 fax: 602.287.0600 Know what's below. Call before you dig. R DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE Sheet Number: Sheet Title: Description:Rev:Date:By: DRAWN BY:CHK BY:APV BY: SITE NAME: SITE ID: PROJECT INFORMATION: LICENSURE NO: PLANS PREPARED BY: 18400 EAST 22ND AVE. AURORA, CO 80011 6335 DOWNING ST. DENVER, CO 80216 WYCOFS.COM here quality still counts. 0 11/16/2020 PRELIM. CONST.CE WHEATRIDGE MUNICIPAL DN03471A 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 JEFFERSON COUNTY CE BS PR 1 12/04/2020 REV 1 ML 2 12/07/2020 REV 2 ML 3 12/08/2020 FINAL CONST ML E-5 N #2 SOLID TINNED BARE COPPER WIRE FROM ANTENNAS TO TIE-INTO NEAREST EXISTING GROUNDING SYSTEM, COPPER PIPE, BUILDING STEEL. TYPICAL. GROUNDING PLANS for questions orcomments contactnumber below: phone: 602.287.0300 fax: 602.287.0600 SCALE: 1/2"=1'-0" 1'0 2'4'6' SCALE: 3/8"=1'-0" 0 2'8'3'4'1'1' 1 EQUIPMENT GROUNDING PLAN SCALE: AS NOTED 2 ANTENNA GROUNDING PLAN SCALE: AS NOTED N #2 SOLID TINNED BARE COPPER WIRE FROM EQUIPMENT/CABINETS TO TIE-INTO NEAREST EXISTING GROUNDING SYSTEM, COPPER PIPE, BUILDING STEEL. TYPICAL. #2 SOLID TINNED BARE COPPER WIRE FROM EQUIPMENT/CABINETS TO TIE-INTO NEAREST EXISTING GROUNDING SYSTEM, COPPER PIPE, BUILDING STEEL. TYPICAL. DocuSign Envelope ID: 60A6F2F1-282F-40A2-8989-9843F5CA08FE ITEM NO: 8 DATE: June 13, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: A MOTION APPROVING A TEMPORARY SITE LICENSE AGREEMENT WITH VERIZON WIRELESS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ _________________________ Director of Parks & Recreation City Manager ISSUE: The City owns and operates a cellular tower at City Hall and has three lease agreements with cellular companies for use of the tower. The existing tower is no longer structurally sound and needs to be replaced to accommodate upgrades of cellular equipment on the tower. During the timeframe required to demolish the existing cellular tower and construct a new monopole tower, the three cellular carriers have requested permission to occupy space in the City Hall parking lot to house their cell-on-wheels units to provide uninterrupted cellular service. PRIOR ACTION: The City has an existing cell tower lease in place with Verizon Wireless which was signed by Mayor DiTullio on December 13, 2011. City Council approved a Site Lease Agreement with Verizon Wireless on first reading on June 13, 2022. FINANCIAL IMPACT: No financial impact. BACKGROUND: Due to aging infrastructure and changes to technology over the years, Verizon Wireless, along with two other cellular carriers, would like to demolish the existing cellular tower located at City Hall and construct a new monopole cellular tower. This Temporary Site License Agreement will Council Action Form – Temporary Site License Agreement with Verizon Wireless June 13, 2022 Page 2 allow Verizon Wireless to occupy space in the City Hall parking lot for a cell-on-wheels unit to provide uninterrupted cellular service during demolition and construction. RECOMMENDATIONS: Staff recommends approval of a Temporary Site License Agreement with Verizon Wireless. RECOMMENDED MOTION: “I move to approve a Temporary Site License Agreement with Verizon Wireless.” Or, “I move to not approve a Temporary Site License Agreement with Verizon Wireless for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Parks & Recreation Director Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Temporary Site License Agreement with Verizon Wireless ITEM NO: 9 DATE: June 13, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: A MOTION APPROVING A TEMPORARY SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ __________________________ Director of Parks & Recreation City Manager ISSUE: The City owns and operates a cellular tower at City Hall and has three lease agreements with cellular companies for use of the tower. The existing tower is no longer structurally sound and needs to be replaced to accommodate upgrades of cellular equipment on the tower. During the timeframe required to demolish the existing cellular tower and construct a new monopole tower, the three cellular carriers have requested permission to occupy space in the City Hall parking lot to house their cell-on-wheels units to provide uninterrupted cellular service. PRIOR ACTION: The City has an existing cell tower lease in place with New Cingular Wireless, LLC which was signed by Mayor Starker on May 21, 2019. City Council approved a Site Lease Agreement with New Cingular Wireless on first reading on June 13, 2022. FINANCIAL IMPACT: No financial impact. Council Action Form – Temporary Site License Agreement with New Cingular Wireless PCS June 13, 2022 Page 2 BACKGROUND: Due to aging infrastructure and changes to technology over the years, New Cingular Wireless, along with two other cellular carriers, would like to demolish the existing cellular tower located at City Hall and construct a new monopole cellular tower. This Temporary Site License Agreement will allow New Cingular Wireless to occupy space in the City Hall parking lot for a cell-on-wheels unit to provide uninterrupted cellular service during demolition and construction. RECOMMENDATIONS: Staff recommends approval of a Temporary Site License Agreement with New Cingular Wireless. RECOMMENDED MOTION: “I move to approve a Temporary Site License Agreement with New Cingular Wireless PCS, LLC.” Or, “I move to not approve a Temporary Site License Agreement with New Cingular Wireless PCS, LLC for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Parks & Recreation Director Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Temporary Site License Agreement with New Cingular Wireless PCS, LLC WHEAT RIDGE COLORADO TEMPORARY SITE LICENSE This Temporary Site License (this “License”) is entered into this ____ day of ______________, 2022, by and between New Cingular Wireless PCS, LLC, a Delaware limited liability company authorized to do business in the State of Colorado (“Licensee”) and the City of Wheat Ridge, Colorado, a Colorado municipal corporation (“City”). WHEREAS, pursuant to that certain Site Lease Agreement, dated March 15, 1994, between Licensee’s predecessor in interest, Denver Cellular Telephone Company, and City, as subsequently amended, City has granted to Licensee the right to use space on City’s self-support tower (“Tower”) for installation and operation of communication equipment, which Tower is located at the Premises (defined below); WHEREAS, City of Wheat Ridge intends to replace its Tower, which is failing and no longer capable of supporting City of Wheat Ridge’s facilities and the communication equipment of the other parties installed thereon, with a new 140’ steel Monopole (“Monopole”); WHEREAS, the City agrees to permit Licensee to install and operate a temporary antenna facility on the Premises in order to maintain Licensee’s communications service while the Tower is being replaced by the Monopole. NOW THEREFORE, for and in consideration of the mutual promises set forth hereinafter and as provided for in the above-referenced recitals, with are made a part of this Agreement, the parties agree as follows: 1. LICENSE DESCRIPTION. Subject to the terms, covenants, conditions and provisions of this License, the City grants a temporary revocable license to the Licensee for use of a portion of the parking lot at the City’s Municipal Center 7500 W. 29th Avenue (the “Premises”), more specifically described and depicted on Exhibit A, attached hereto and incorporated herein by reference. 2. TERM; TERMINATION The term of this Agreement shall be for the period necessary for Licensee to maintain Licensee’s communications service while the Tower is being replaced by the Monopole, unless terminated sooner or extended by written agreement of the parties. Licensee acknowledges that Section 15.9 of the Wheat Ridge Home Rule Charter applies to this license and grants the City Council the right to terminate this temporary license at any time. 3. USE OF PREMISES. The Premises may be used by the Licensee solely for the purpose of operating a temporary commercial mobile radio service (CMRS) facility and for no other purpose. The Licensee shall keep the Premises in good and clean condition. The Licensee agrees that the Premises shall be used and occupied in a careful, safe and proper manner and that the Licensee will pay for any damage to the Premises caused by misuse of the same by the Licensee, its agents or employees. DocuSign Envelope ID: 6F7FAB4E-88FF-43FF-B55C-778D2D268C1E All conduit, wiring, etc. shall be protected from interference by vehicle traffic. Licensee agrees, at Licensee’s sole cost and expense, to pay for the electric service and fees needed for the operation of Licensee’s equipment. City agrees to grant the electric utility company any necessary permission, including temporary easement, for the electric line and meter installation, should the electric utility company require written permission or temporary easement. The City shall, at all times, have the right, by its officers or agents, to enter the Premises to inspect and examine the same. Licensee shall at all times have the unrestricted right to enter or leave the Licensed Site with full and complete access to its Equipment on a 24-hour, seven (7) day per week basis. At its discretion, Licensee may take at its expense measures and precautions necessary to protect the Equipment. 4. LICENSE PAYMENT. Rent for the Premises shall be a single payment of $0. 5. INSURANCE. During the Term, Licensee will purchase and maintain in full force and effect such general liability policy as Licensee may deem necessary. Said policy of general liability insurance will at a minimum provide a combined single limit of One Million and No/100 Dollars ($1,000,000.00). 6. INDEMNIFICATION. The Licensee agrees to indemnify and hold harmless the City and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney's fees, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this License if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, negligence, or other fault of the Licensee or any of its officers, employees, representatives, or agents, except to the extent caused by the acts or omissions of City or its employees or agents. Except for the indemnity obligations set forth in this License, and otherwise notwithstanding anything to the contrary in this Agreement, City and Licensee each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability. 7. NOTICE. Any notice under this License shall be in writing and shall be effective three (3) business days after deposit in the U.S. mail, certified, return receipt requested or upon receipt if personally delivered or sent via a nationally recognized courier to the addresses set forth below. City or Licensee may from time to time designate any other address for this purpose by providing written notice to the other party. City: Patrick Goff, City Manager City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 DocuSign Envelope ID: 6F7FAB4E-88FF-43FF-B55C-778D2D268C1E Licensee: New Cingular Wireless PCS, LLC ATTN: Network Real Estate Administration Re: Cell Site #COL01219, Name: 26th and Wadsworth (CO) FA#: 10093893 1025 Lenox Park Blvd. NE 3rd Floor Atlanta. GA 30319 And with a copy to: New Cingular Wireless PCS, LLC ATTN: AT&T Legal Department Re: Cell Site #COL01219, Name: 26th and Wadsworth (CO) FA#: 10093893 208 S. Akard Street Dallas, Texas 75202-4206 8. ENFORCEMENT; SEVERABILITY. If any provision of this License is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. Jurisdiction and venue for all claims for enforcement of any dispute under this License shall be proper and exclusive in the District Court for Jefferson County, Colorado. 9. MODIFICATION. This License may only be modified upon written agreement of the parties. 10. ASSIGNMENT. Neither this License nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. 11. GOVERNMENTAL IMMUNITY. The City, its officers and its employees, are relying on, and do not waive or intend to waive by any provision of this License, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the City and its officers or employees. [Signatures appear on next page.] DocuSign Envelope ID: 6F7FAB4E-88FF-43FF-B55C-778D2D268C1E CITY OF WHEAT RIDGE By: ________________________________ Bud Starker, Mayor Date: _______________________________ ATTEST: Stephen Kirkpatrick, City Clerk LICENSEE: New Cingular Wireless PCS, LLC By: AT&T Mobility Corporation, its Manager By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ DocuSign Envelope ID: 6F7FAB4E-88FF-43FF-B55C-778D2D268C1E Ashwani Goel Director of Engineering 26-May-2022 | 3:44 PM PDT EXHIBIT A Description of Premises [attached] DocuSign Envelope ID: 6F7FAB4E-88FF-43FF-B55C-778D2D268C1E ITEM NO: 10 DATE: June 13, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 29-2022 – A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $98,534.60 AND A TRANSFER FROM THE CENTRAL CHARGES BUDGET IN THE AMOUNT OF $90,000 FOR THE PURPOSES OF AWARDING A CONTRACT AND APPROVING SUBSEQUENT PAYMENTS IN THE AMOUNT OF $188,534.60 TO STANTEC ARCHITECTURE, INC. FOR THE DEVELOPMENT OF A 10-YEAR FACILITIES MASTER PLAN PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Director of Parks & Recreation City Manager ISSUE: The City has reached its occupational limits to house employees comfortably, effectively, and equitably. Its facilities have been well maintained; however, a majority of the portfolio is cramped, outdated, and burdened by deferred maintenance. To date, there have been no such efforts to evaluate the condition of the entirety of the City’s owned and occupied portfolio, nor development of a plan for what comes next for its facilities to meet the challenges of an evolving working environment and workforce. This motion will award a contract in the amount of $188,534.60 to complete a 10-year Facilities Master Plan for the City to Stantec Architecture Inc. Council Action Form – Facilities Master Plan June 13, 2022 Page 2 PRIOR ACTION: During the 2022 budget process, Council requested that staff prioritize the completion of a facilities master plan to assess existing assets and determine options for future development. FINANCIAL IMPACT: The cost to conduct the physical facility condition assessment of seven (7) sites – City Hall; Wheat Ridge Recreation Center; Active Adult Center; Anderson Community Building; Parks, Forestry, and Open Space Offices; Parks Shops; and Public Works – including the development of Building Information Models (BIM) is $71,750.00. The cost to review existing documentation, conduct interviews, organize and run meetings and workshops, and develop reports is $106,001.00. The fee associated with estimating the future implementation costs contained in the master plan is $10,000.00. Reimbursable expenses for the project team are $783.60. This brings the total cost of the project to $188,534.60. During the 2022 Budget process, Staff notified City Council that there was an excess of approximately $90,000 in the budget for property liability insurance premiums. A consensus was reached by City Council at that time to divert this funding to a facilities master plan. The remaining $98,534.60 is requested through a budget supplemental from General Fund undesignated reserves to complete this project. BACKGROUND: The City’s owned facilities have reached capacity for housing employees, making it difficult to keep up with the growth of the workforce and dynamics of the evolving workspace. Finding space for new employees, within and adjacent to the teams they work with has become arduous. In addition to the difficulty of housing employees, building mechanical, electrical, and plumbing systems have not received the necessary attention to ensure the most effective operation service of the facilities. Many of these assets and systems are operating well past the expected useful life, which results in inefficient operation and may result in failure. Development of a Facilities Master Plan will create a roadmap to implement the options that will best serve the City, its employees and community. This Facilities Master Plan process will review existing documentation related to the City’s facilities and departments; interview each department to determine gaps between existing footprints and future needs; assess the condition of each facility and its systems; and develop prioritized projects listed for implementing recommended options from asset repairs/replacement to renovations, remodels, and new facilities. To meet this need, the City solicited competitive bids requesting qualifications to complete a Facilities Master Plan. The selected vendor, Stantec Architecture Inc., submitted a bid which met the criteria. The City received three other bids, which did not reach the level of attention and personalization as that proposed by Stantec. Additionally, the proposed team for the project has deep connections with and insight into the Wheat Ridge community. Use of a project team familiar with the project location and functionality will ensure the production of the most useful Facilities Master Plan. Council Action Form – Facilities Master Plan June 13, 2022 Page 3 RECOMMENDATIONS: Staff recommends approval of this supplemental budget appropriation and contract. RECOMMENDED MOTION: “I move to approve Resolution No. 29-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $98,534.60 and a transfer from the Central Charges budget in the amount of $90,000 for the purposes of awarding a contract and approving subsequent payments in the amount of $188,534.60 to Stantec Architecture Inc. for the development of a 10-year Facilities Master Plan.” Or, “I move to postpone indefinitely Resolution No. 29-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $98,534.60 and a transfer from the Central Charges budget in the amount of $90,000 for the purposes of awarding a contract and approving subsequent payments in the amount of $188,534.60 to Stantec Architecture Inc. for the development of a 10-year Facilities Master Plan for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Kion Gibbs, Manager of Facility Operations Karen A. O’Donnell, Director of Parks & Recreation Whitney Mugford-Smith, Procurement Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 29-2022 2. Stantec Architecture, Inc. Facility Master Plan Proposal 3. Stantec Architecture, Inc. Facility Master Plan Finalized Scope of Work/Budget 4. Facility Master Plan BidTab CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 29 Series of 2022 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $98,534.60 AND A TRANSFER FROM THE CENTRAL CHARGES BUDGET IN THE AMOUNT OF $90,000 FOR THE PURPOSES OF AWARDING A CONTRACT AND APPROVING SUBSEQUENT PAYMENTS IN THE AMOUNT OF $188,534.60 TO STANTEC ARCHITECTURE, INC. FOR THE DEVELOPMENT OF A 10-YEAR FACILITIES MASTER PLAN WHEREAS, the City’s owned facilities have reached capacity for housing employees, making it difficult to keep up with the growth of the workforce and dynamics of the evolving workspace; and WHEREAS; there have been no such efforts to evaluate the condition of the entirety of the City’s owned and occupied portfolio of facilities, nor development of a long-term master plan for facilities; and WHEREAS, through a standard procurement process, Stantec Architecture, Inc. was selected as the firm to develop a 10-year Facilities Master Plan; and WHEREAS, insufficient appropriations in the 2022 Budget exist to cover these expenditures; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be affected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council that: Section 1. A transfer of $98,534.60 is approved from the General Fund undesignated reserves to Facilities Maintenance account 01-118-700-750 Section 2. A transfer of $90,000 is approved from Central Charges account 01-610-700-781 to Facilities Maintenance account 01-118-700-750 DONE AND RESOLVED this 13th day of June 2022. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 ATTN: Whitney Mugford-Smith, City of Wheat Ridge Procurement, wmsmith@ci.wheatridge.co.us REFERENCE: City of Wheat Ridge – RFQ-22-Facilities Master Plan Dear Ms. Mugford-Smith and Members of the Selection Committee, Your buildings play a uniquely important role in your community, one in which vital services are provided to residents and visitors at a myriad of levels. It is critical that your facilities support those services as optimally as possible. A successful facilities master plan will enable you to develop a clear roadmap that can guide decision-making, budgets, and project implementation to maintain and enhance your facilities’ ability to support operations and service delivery. The future of government facilities has long been shifting as models of service delivery evolve. With ever-changing approaches to work environments and models, Wheat Ridge needs a master plan that carefully considers opportunities to embrace operational shifts. These should work in harmony with existing systems and budgetary concerns while simultaneously being forward-thinking to incorporate best practices. Our team offers a set of qualifications unlike any other team. Not only do we bring professional experience that is perfectly suited to this project type and scale, but we are Wheat Ridge residents who have a vested personal interest in the success of this master plan. In our work, we have implemented some unique and forward-thinking models to create more robust civic facilities that also welcome the community, adding a layer of social programming. We offer this combination of personal interest and creative problem-solving to you on this project. Stantec has an experienced civic planning team that is dedicated solely to facilities master planning. Our core team is made up of a group of planners who have completed both public and private sector master plans locally and across the country, bringing a broad and relevant perspective to your project. The Abo Group has an equally extensive track record of managing complex public projects. Our firms have partnered on similar recent facilities planning projects for organizations such as the State of Colorado. Our cost estimating partner brings additional expertise, having teamed with us on multiple recent projects including the recently-completed Town of Parker Facilities Master Plan. Together, we have a depth of resources and are committed to producing the highest quality of work that will aid you in future endeavors to meet your evolving needs. We have developed a planning process that is highly collaborative, both internally and with our clients. Our proposed approach is based on the RFP, but we expect and encourage a dialogue that will fine tune that approach to meet your budget and expectations for a plan that can serve you well into the future. With Stantec leading the planning scope, assisted by the Abo Group leading the conditions assessment, we will bring a fun and highly collaborative process to your project to help build consensus and support for the recommended outcomes. Through the course of the last year, we have all made adjustments to work in different ways, many of which will have bearing on the future. For our civic clients, this means shifting paradigms about how employees conduct their job responsibilities and how services are delivered to clients and the community. As workplace strategy experts, we have successfully navigated the ever-changing landscape of workplace planning, providing plans that are able to adapt to changing workplace conditions and preferences. As part of this project, we will imaginatively explore potential space use scenarios to prepare Wheat Ridge for these and future changes to the workplace. Well before the current global events, our firms had been working collaboratively across teams and offices in our organizations using powerful tools to enable us to be as effective working in hybrid meetings as we are in person. Fortunately for Wheat Ridge, our local presence allows us to be responsive quickly and easily when the need arises, both virtually and in person. Our team provides both the national expertise and the reliable, local performance that are necessary for a successful master planning process. Sydney Hamilton, LEED AP Associate Statnec Architecture Inc Letter of Interest Stantec Architecture Inc. || 999 18th Street, Suite 202, Denver, Colorado, 80202-2424 Ronald K. Abo, AIA, NOMA, NCARB, LEED AP The Abo Group, Inc.ATTACHMENT 2 Stantec 1Firm Capabilities and References for Similar Work Completed by Proposed Team 1. Firm Capabilities & References for Similar Work Completed by Proposed Team City of Wheat Ridge || RFQ-22-Facility Master Planning 67 Years in Business Local Office Stantec Architecture Inc. 999 18th Street, Suite 202, Denver, Colorado, 80202-2424 (303) 295-1717 Personnel/staff25,000  Globally General Credits#1 Most Sustainable Corporation in North America, Corporate Knights 2022#1 Top 95 Architecture/  Engineering Firms, BD&C  August 2021 28 Years in Business Local Office The Abo Group, Inc. 12600 West Colfax Ave., Suite 105 Lakewood, CO 80215 Personnel6  Including 3 Licensed Architects a. COMPANY OVERVIEW Founded in 1954, Stantec is a global design and planning practice focused on creating better design at every scale. As a tightly integrated collection of creative thinkers spanning scales, geographies, and disciplines, we balance insight and aesthetics to solve complex problems and find vibrant, meaningful, high-performing solutions. Our local strength, knowledge, and relationships, coupled with our world-class expertise, has allowed us to go anywhere to meet our clients’ needs in more creative, personalized ways. We are creative problem-solvers, going beyond the expected, asking questions that can only be answered with forward thinking. We’re active members of the communities we serve. That’s why at Stantec, we design with community in mind. At Stantec, we focus on providing transformational planning and design solutions that exceed our clients’ aspirations through collaboration and understanding. We are passionate about creating sustainable, innovative projects that create meaningful and superior value for our clients. We approach projects from a holistic perspective. Through collaboration, we seek to find the synergies with solutions that solve multiple problems. We follow a collaborative, research-based process that involves deep understanding of our clients’ needs and objectives paired with the investigation and projection of space needs, sustainable strategies, site issues, and other project-specific elements. We believe that the key to good research is asking the right questions. Stantec, The Abo Group and BCER Stantec has partnered with The Abo Group and BCER for your project. Our teams have found success on similar facility master plans and conditions assessments and feel this team brings a collabrative approach to this facilities master plan. The Abo Group, Inc. and our predecessor firms have been continuously providing architectural design services in the State of Colorado for over 40 years. We have successfully completed designs for civic, higher education, K-12 education, research laboratory, healthcare, and historic preservation. Clients include private parties, commercial developers, non-profit agencies, and local, county, state and Federal Government agencies. BCER is a full-service MEP engineering, technology, and life safety firm serving the commercial, industrial, institutional, and government markets. From our offices in Colorado and Florida, we do more than provide a comprehensive suite of high quality services for the built environment - we build uncommonly committed relationships with our clients and with each other. Stantec 20Firm Capabilities and References for Similar Work Completed by Proposed Team City of Wheat Ridge || RFQ-22-Facility Master Planning b. PROJECT REFERENCESProject examples provided represent a sample of major accounts held for the last two years. There is no outstanding litagtion for the projects presented in this package. Additional client account information is available upon request. Town of Parker Comprehensive Facilities Master Plan Parker, Colorado This study began in early 2021 and was concluded with a presentation to the Town Council in November of the same year. The scope of the study included a facilities conditions assessment of the Town’s primary occupied buildings and a space needs assessment for existing and projected space requirements, and it included all of the organization’s departments - including administration, public works, parks and recreation, and others - which provide services to over 50,000 residents of the Town. Through detailed analysis of the Town’s service-delivery and operational models, including changes to workplace requirements as a result of the pandemic, Stantec provided recommendations for consolidating services that are currently spread over multiple Town buildings. Stantec’s recommendations work in conjunction with the Town’s development and strategic plans in order to support the stated goals and priorities of both. Sydney Hamilton, Wendy Weiskopf, Mei-Ling Krabbe, Merlin Maley Facilities Condition Assessments, Master Planning, Urban Planning, Programming, Site Analysis, Concept Design Team Members Services Provided Jim Gilbert, Deputy Director of Operations12010 S. Motsenbocker Road Parker, CO 80134(303) 840.9546 Reference Project Dates: 2021 Original Budget: $326,000 (services value) Final Cost: $326,000 (services value) Project Details 21 Stantec Boulder City is like a snapshot in time. Despite the large-scale and fast-paced development of nearby Las Vegas, Boulder City has remained quaint, reserved, and respectfully un-glitzy. The Police Department is in a former post office; City Hall is in the original town elementary school; the events center is a former communal living religious center; the food bank is in a historic building that once served as a public utility building. The City’s aging population places great value on preserving and honoring history while allocating resources wisely. The City staff make-up is also mature, however they’re very forward thinking and desire upgrades to facilities and services to improve customer service and better align with their peers. The planning process included visioning, data collection, analysis, facility assessments, development of alternatives, and final recommendations. A visioning session was held at the onset of the project with key stakeholders representing each of the city departments. This session established the overall vision for the plan and set project goals. Data collection included surveys, interviews, tours of currently occupied spaces, site observations, analyses of opportunities and constraints, review of historical data, and building drawings. Existing physical building conditions were assessed for approximately 50 facilities, primarily focused on occupied buildings. Upon completion of data collection, a “Space Needs Program” was developed to quantify current and future space needs and to qualify operational requirements including critical adjacencies, service delivery, efficiencies, safety, and security. This resulted in a “gap analysis,” which highlights space deficits. Stantec developed a set of alternative solutions and facilitated two interactive workshops where the client reviewed the options, their pros and cons, potential phasing, and implementation issues. The preferred options were then refined, and cost estimates were developed to further inform the City regarding implications to budget and implementation schedule. These were presented in a second workshop. Consensus by the Advisory Team was reached on the recommended directions, which were then incorporated into the final recommendations. Sydney Hamilton, Wendy Weiskopf, Jonathan Flager Team Members Visioning, Data Collection, Analysis, Facility Condition Assessments, Development of Alternatives, Cost Estimates and Final Recommendations Services Provided Jim Keane, P.E., City EngineerCity of Boulder City(702) 293-9200jkeane@bcnv.org Reference b. Project References City of Wheat Ridge || RFQ-22-Facility Master Planning Boulder City Facilities Master Plan Boulder City, Nevada Project Dates: 2021 Original Budget: $326,000 (services value) Project Details 1/2 MILE RADIUS 1/4 MILE RADIUS Abandoned Storage Boys & Girls Club Admin Builing Fitness Center Youth CenterGymnasium Art Center Irrigation Storage Chemical StorageClub Repair Shop Maintenance Cart Storage Clubhouse Restroom Unisex Restroom Bldg Old Airport HangerNew Electrical Bldg TW2-46 Restroom Old Electrical BldgTerminal Office Fuel Farm Hanger 2Hanger 3 Hanger 1 Restroom Bldg. #5 Desert Hawk Maintenance Building Pump Station ClubhouseCart Barn Pavillion Fire DepartmentSheds Animal Shelter Aquatic Center LADWP Historic Bldg Multi-Use Bldg Municipal Court Recreation Center Public Works Maintenance FacilityPublic Works Garage Weld Shop Smith Building ABC PARK AIRPORT BOULDER CREEK GOLF COURSE MUNICIPAL GOLF COURSE FIRE DEPARTMENT ANIMAL SHELTER AQUATIC CENTER MULTI-USE BUILDING PUBLIC WORKS LADWP HISTORIC BUILDING MUNICIPAL COURT RECREATION CENTER SMITH BUILDING LANDFILLEquipment MaintenanceRecycling Center WWTP HeadworksGarage Office SafenestCity HallCITY HALL Police Dept.POLICE DEPT. Excellent2%Poor18% Good40% Fair40% Total # ofBuildings:50 LEGENDASSESSED CONDITION:ExcellentGoodFairPoor Each building was given an overall assessed condition (Excellent, Good, Fair or Poor)based on multiple components that were assessed individually. Excellent2%Poor18% Good40% Fair40% Total # ofBuildings:50 LEGENDASSESSED CONDITION:ExcellentGoodFairPoor Each building was given an overall assessed condition (Excellent, Good, Fair or Poor)based on multiple components that were assessed individually. 22 Stantec Wendy Weiskopf Team Members Facilities Master Planning, Historic Preservation, Public Outreach, Programming, Site Planning, Concept Design Services Provided b. Project References City of Wheat Ridge || RFQ-22-Facility Master Planning Stantec worked with the City of Aspen to create a twenty year facilities master plan for all City functions including City Hall Administration, Police, Parks and Recreation, and Utilities. The scope included detailed space needs programming; existing conditions assessments of all City facilities and sites; development of multiple scenarios to meet long term needs; building and site development concepts that include new building construction, remodel, demolition, and expansion options. Analysis included parking and security considerations, best practices and benchmarking comparisons, and cost estimating both for standalone projects and a capital plan for critical maintenance items. Stantec worked collaboratively with a steering committee conducting workshops as well as meetings with each department, City-wide meetings, City Council presentations, and public outreach sessions. In addition, Stantec facilitated coordination between the City and Pitkin County, for which Stantec conducted a separate but parallel facilities master plan for County Administration and Justice Center functions. Stantec developed a set of alternative solutions and presented them in the first of two interactive workshops where the client reviewed the options, their pros and cons, potential phasing, and implementation issues. The preferred options were then refined, and cost estimates were developed to further inform the City regarding implications to budget and implementation schedule. These were presented in a second workshop. Consensus by the Advisory Team was reached on the recommended directions, which were then incorporated into the final recommendations. City of Aspen Facilities Master Plan Aspen, Colorado Project Dates: 2016Original Budget: $8,000 (services value) Project Details 23 Stantec Lutheran Campus Master Plan The Abo Group was part of MIG’s team developing the Lutheran Campus Master Plan to guide future redevelopment at the site, once SCL Health moves to their new location. As part of this master planning effort, The Abo Group was tasked with the existing conditions limited assessment and facility analysis of the 13 buildings on the Lutheran Campus. Following the review of the existing conditions of all facilities, The Abo Group prepared an opinion of how a building might be reused, repurposed, or demolished. Ron Abo Team Members Project dates: 2021Original Budget: $8,000 (services value) Project Details Existing Conditions Assessment and Facility Analysis Services Provided b. Project References City of Wheat Ridge || RFQ-22-Facility Master Planning Wheat Ridge, Colorado Stephanie Stevens, AICP, Senior Planner, Project Manager, 303-235-2848, sstevens@ci.wheatridge.co.us Reference Currently The Abo Group holds an IDIQ contract with the GSA, and Stantec is providing Interior Design, Landscape Architecture, Fire Protection, Historic Preservation, Archeology, Environmental/Industrial Hygiene. We are currently working on two projects together: FDA District Office Building – Design services for the new FDA District Office to be located in Building 25 on the Denver Federal Campus. Ron Abo, Wendy Weiskopf Team Members Project dates: On-going Original Budget: $457,700 (services value) Project Details Existing Conditions Assessment and Facility Analysis Services Provided Al Camp, Project Manager, General Services Administration – Design & Construction Division | (303) 236-5383 | alan.camp@gsa.gov Reference General Services Administration Rocky Mountain Region Lakewood, Colorado 24 Stantec City of Wheat Ridge || RFQ-22-Facility Master Planning Denver Federal Center Master Plan Stantec Architecture is contracted under Abo Group on a multi-year agreement with the General Services Administration, providing design services that fall outside of their primary discipline of architecture. The Denver Federal Center (DFC) is a 640 acre secured federal facility operated by General Services Administration (GSA) and is used for office, research, and administrative purposes by 26 Federals Agencies. There are approximately 4.1 million square feet of space in 65 active buildings, and The Abo Group inventoried all 65 buildings, visually inspected them and with data provided by the Federal Center GSA Property Management team, prepared a facility assessment document that forecasted the estimated life cycle of each building. Wendy Weiskopf, Ron Abo Team Members Project dates: 2007-2022Original Budget: $730,000 Project Details Existing Conditions Assessment and Facility Analysis Services Provided Stantec Architecture is contracted to the State of Colorado in a multi-year design services agreement for on-call projects including Workplace Strategy Solutions/ Facilities Planning. Stantec has been providing planning and strategy services to the state for over a decade. Stantec has been working with the Statewide Planning Manager on this massive effort, with Abo Group as a subcontractor. Stantec was initially contracted to provide planning and strategy services in 2017 with the agencies located in downtown Denver. The project was put on hold, and then completed during the pandemic in 2021. The Stantec team developed several collaborative and interactive on-line workshops to understand the distinct needs of each agency. The team then developed a unified strategy that could be rolled out and applied to all agencies, maximizing owned space, and reducing leased space while maintaining the needs of each individual agency. Planning goals included consolidation of spaces that were duplicated among multiple agencies. The team also considered the possibility of new work styles including hybrid work, showing opportunities for space savings. The project has reduced space needs while maintaining necessary work areas. Stantec is now working with a number of those agencies to implement those strategies. State of Colorado Multi-Year Professional Services Agreement Facilities Planning Denver, Colorado b. Project References Sydney Hamilton, Wendy Weiskopf, Ron Abo Team Members Garth Braun, AIA, NCARB, Manager, Statewide Planning Program | (303) 866-5422 | garth.braun@state.co.us Reference Programming, Architecture, Feasibility Study, Concept Design, Schematic Design, Design Development, Contract Documents, Contract Administration and Post-Construction Services, Commissioning Services Provided Lakewood, Colorado Len Wilson, GSA Contracting Officer(303) 236.2839 | Len.wilson@gsa.gov Reference Project dates: On-goingOriginal Budget: $80,000 Project Details Stantec 25Firm Capabilities and References for Similar Work Completed by Proposed Team City of Wheat Ridge || RFQ-22-Facility Master Planning c. SUPPLEMENTAL REFERENCES OR QUALIFICATIONS John Boyle, Director, Facilities Management | 600 E. Boulevard Ave, Dept 130 Bismarck, ND 58505 | (701) 328-4002 Ken Cooper, Facilities Director | 200 W. Oak Street, Ste 4100 Fort Collins, CO 80521 | (970) 498-5915 d. EXPERIENCE OVERSEEING AND COORDINATING MULTIPLE, CONCURRENT PROJECTS. Sydney leads Stantec's public-sector facilities planning group and has served as project manager for multiple projects just like this one. She is adept at managing multi-disciplinary teams through collaborative processes: facilitating interactive workshops, visioning sessions, and interviews, and conducting research, analysis, and documentation of facilities, trends, utilization, surveys, and other data to develop innovative solutions that are tailored to each client’s needs. e. TEAM'S FAMILIARITY WITH THE PROJECT AREA AND LOCAL CONSTRUCTION MARKET. The Abo Group has successfully completed hundreds of projects in the Denver Metro area, including 6 projects in the City of Wheat Ridge. The Abo Group is knowledgeable of the local labor markets and availability of appropriate materials. We have extensive experience working with Denver-market general contractors and clients to meet their budgets through the design and selection of durable, sustainable, and budget-friendly materials. We have strong relationships with industry partners in the region, enabling competitive pricing, and we understand how these partners’ products perform in similar site conditions. We also understand the supply chain issues since we are currently working on several large projects experiencing delays with materials such as steel and mechanical systems. f. STATE ANY MBE/WBE, DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION. Although Stantec is not a M/WBE, small or disadvantaged certified firm, we believe strongly that small businesses are an economic engine of growth and can help support clients’ needs. Our policy is to include subcontracting opportunities for small and diverse business partners for meaningful roles on independent tasks that help build their technical capacity and enhance their prospects for growth. We strive to develop long-term relationships with small business partners either as a prime or sub consultant. Small businesses bring tremendous energy, entrepreneurial zeal, and specialized technical expertise that is also part of the culture at Stantec. We cultivate partnerships with small businesses that are mutually beneficial and provide growth opportunity for both parties. g. PROVIDE A STATEMENT AGREEING TO PROVIDE AND MAINTAIN INSURANCE PER THE RFP REQUIREMENTS, IF AWARDED. Stantec agrees to the insurance requirements per the RFP. Stantec believes that small businesses are an economic engine of growth and can help support clients’ needs. Stantec performed extrao rdinarily well during an unprecedented time to ensure we achieved our two goals of providing the most efficient use of tax dollars in designing the new workplace and creating a citizen-focused environment for those utilizing the Capitol complex. I highly recommend Stantec for your next master planning project. - John Boyle, Director, Facilities Management, State of North Dakota Stantec has been A++ to work with, and the fact the County is rolling into $120M of construction so quickly after completion of the Facilities Master plan speaks volumes to the quality and effectiveness of the project. Great job! - Ken Cooper, Facilities Direct, Larimer County, Colorado Stantec 26 h. DISCLOSE ANY RELATIONSHIPS THE OWNER OR EMPLOYEES MAY HAVE THAT COULD BE CONSTRUED OR PERCEIVED AS PERSONAL OR ORGANIZATIONAL CONFLICTS OF INTEREST. Stantec is not aware of any past or present involvement in projects, or with clients, that constitute or appear to constitute a conflict of interest. Stantec has an internal policy for evaluating, managing, and disclosing potential conflicts of interest. Our preferred method to managing conflict of interest is open conversations with both parties to discuss the potential issues and methods for resolution. If a potential conflict is perceived, simultaneous work being done for another entity can be separated internally by creating a virtual firewall. i. FIRM’S FINANCIAL STABILITY We have included a copy of our most recent (2020) annual report detailing profit and loss for the past three years on the right. Our 2021 report is currently being finalized. Stantec Inc. is a publicly traded entity listed on the New York Stock Exchange (Symbol: STN) and the Toronto Stock Exchange (Symbol: STN). We are required to be financially stable in order to maintain these listings and we are required to adhere to the Internal Control – Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission “(2013 framework)” (the COSO criteria). We are subject to ongoing independent audits that prove our financial stability and credit worthiness. For a complete view of our audited financial statements, visit the Financial Information section of our web site at https://www.stantec.com/en/investors/stantec-financial-information. Please note that Stantec Inc.’s operating subsidiaries and affiliates (e.g., Stantec Consulting Ltd., Stantec Consulting Services Inc., etc.) are not publicly traded, but are owned and/or controlled by Stantec Inc. Stantec Inc.’s financial statements are consolidated to include its subsidiaries and structured entities that are controlled, but do not necessarily include all affiliates. j. DETAIL ANY RECYCLING, SUSTAINABLE, OR GREENING EFFORTS MADE BY YOUR FIRM. Our dedication to sustainability is mirrored in Stantec’s corporate priorities. Committing to carbon neutrality by 2022 and to being net-zero by 2030, we were recognized by Corporate Knights in 2022 as being among the top 1% in the world on sustainable performance. This alone is a great differentiator that is amplified by the collaboration that exists within Stantec amongst the many sectors that work together daily to deliver the highest quality service possible. Our commissioning & energy services team, working side by side with our high-performance building team, sustainability team, carbon impact team, environmental groups, and internal experts, allows us to be anywhere and everywhere, ready to answer any question in real time and offer the best solution for our partners on every project we work on together. Stantec is home to one of the largest dedicated Sustainability & Building Performance practices with specialized teams located across North America. We draw on this network of experts to deploy the right resources for each assignment. Our sustainability and building performance team members are specialists who focus only on sustainability, energy and GHG reducing projects. Stantec issues an annual Sustainability Report highlighting our contributions to and focus on sustainability for our key stakeholders. The report identifies and provides information about Stantec’s material environmental, social, and governance (ESG) issues and achievements. Firm Capabilities and References for Similar Work Completed by Proposed Team City of Wheat Ridge || RFQ-22-Facility Master Planning Stantec Scope of Submission 2.Scope Submission City of Wheat Ridge || RFQ-22-Facility Master Planning FACILITIES PLANNING SENIOR FACILITIES PLANNER Wendy Weiskopf, IIDA, LEED AP BD+C FACILITIES PLANNER Mei-Ling Krabbe, IIDA, NCIDQ, WELL AP PUBLIC WORKS PLANNER Jonathan Flager, RA CONDITIONS ASSESSMENT THE ABO GROUP – Ron Abo, AIA, NOMA, NCARB, LEED AP Nicole Lakra, AIA – Architect BCER – MEP ENGINEERING Mike Schroeder, PE Paul Miskowicz, PE – Mechanical Bryan Fingland, PE, LEED AP® BD+C – Electrical Travis McNair, RCDD – Technology Key Personnel Organization Chart City of Wheat Ridge Merlin Maley, AIA, NCARB PRINCIPAL IN CHARGE Sydney Hamilton, LEED AP PROJECT MANAGER a. KEY TEAM MEMBERSStantec's Denver office has been contracting with local municipalities and government agencies for over 40 years. This experience includes hundreds of projects with public entities across Colorado. This team has been a part of numerous contracts for similar facilities assessments, some include clients such as Larimer County, Denver Public Works, and Summit County. We are confident in our understanding of government and municipal requirements anticipated on this project. Our team has completed facilities master plans for cities and counties throughout Colorado, as well as numerous other government entities across the state. We have a deep portfolio of facility programming, at scales ranging from a single building in a rural community to major metropolitan system-wide efforts. We assist clients in establishing the need, size, and phasing for new facilities as well as optimizing, transitioning, and backfilling existing facilities. This depth of experience provides an intimate understanding of commonalities seen across jurisdictions, as well as a knowledge of those areas that tend to be unique, sensitive, or just different from client to client.. b. RESUMES OF ESSENTIAL STAFF Resumes for our team can be found on the following pages RIDER LEVETT BUCKNALL Peter Knowles, FRICS 27 COST ESTIMATING Sydney Hamilton, LEED AP Project Manager Masters of Architecture, Georgia Institute of Technology, Atlanta , Georgia , 2003 Bachelor of Fine Arts, Interior Design, University of Georgia, Athens , Georgia , 2000 EducationSydney’s work focuses on providing comprehensive and thoughtful planning solutions for public agencies in order to help them realize savings and efficiencies that will benefit them and their customers for decades to come. She leads multi-disciplinary teams through collaborative processes: facilitating interactive workshops, visioning sessions, and interviews, and conducting research, analysis, and documentation of facilities, trends, utilization, surveys, and other data to develop innovative solutions that are tailored to each client’s needs. Her master planning expertise centers on civic and public facilities and includes courthouses, libraries, office buildings, public works facilities, cultural buildings, and academic campuses. Her degrees in interior design and architecture and my experience with new construction as well as renovation and tenant finish projects have strengthened my ability to be sensitive to the work of my predecessors while still delivering inspired project solutions that are both creative and environmentally responsive. She has experience incorporating the LEED rating system into projects.. • Town of Parker Comprehensive Facilities Master Plan | Parker, Colorado • State of Colorado Multi-Year Professional Services Agreement Facilities Planning | Denver, Colorado • Pinellas County Facilities Master Plan | Pinellas County, Florida • North Dakota State Capitol Complex Master Plan | Bismarck, North Dakota • Larimer County Facilities Master Plan | Fort Collins, Colorado • Loveland Municipal Campus Master Plan, Loveland, Colorado • Boulder City Facilities Master Plan | Boulder City, Nevada • Denver Public Works Facilities Master Plan | Denver, Colorado • Summit County Commons Facilities Master Plan | Summit County, Colorado • History Colorado Collections Facility Master Plan | Denver, Colorado LEED Accredited Professional, U.S. Green Building Council Registrations 28Key Team Resumes Stantec City of Wheat Ridge || RFQ-22-Facility Master Planning Wendy Weiskopf, IIDA, LEED AP BD+C Senior Facilities Planner Bachelor of Science, Interior Environment, Colorado State University, Fort Collins, Colorado, 1986 EducationFor Wendy Weiskopf, the most successful projects start with a strong relationship – a bond that is created by taking the time to truly understand a client’s business and their goals for a space. The interior design of a space has a tremendous impact on the occupant experience day and day out, and Wendy is adept at creating positive, supportive environments across a variety of industries. Wendy joined the firm in 1987 as an Interior Designer/Planner, following graduation from Colorado State University. The career perfectly suits Wendy’s strengths as it combines an interest in art and architecture with an aptitude for special thinking. Over the years, she’s has leveraged her talent and interests to create spaces that are both responsible to the environment and to the occupant experience. As a Senior Project Manager in the Interior Design studio, Wendy brings a deep expertise in project management, facility planning, interior design, and environmentally conscious design. She has provided interior design leadership on a broad range of commercial project types, from corporate to educational and hospitality. Some of her most notable project work includes the National Renewable Energy Labs Headquarters in Golden, Colorado, a project which challenged the design team with the highest level of creativity in budget and sustainable design, along with Denver Water and the Colorado Department of Transportation. All three projects were ground-up public projects and designed for LEED certification. • Boulder City Facilities Master Plan | Boulder City, Nevada • City of Aspen Comprehensive Facilities Master Plan | Aspen, Colorado • State of Colorado Multi-Year Professional Services Agreement Facilities Planning | Denver, Colorado • Metropolitan State College of Denver Master Plan | Denver, Colorado • Pitkin County 20-Year Facilities Master Plan | Aspen, Colorado • Comprehensive Facilities Master Plan | Commerce City, Colorado • Merrill Lynch Western Operations Center | Lakewood, Colorado • Johns Manville Corporate Headquarters | Denver, Colorado • Western Union | Denver, Colorado • DigitalGlobe | Westminster, Colorado • FirstBank Headquarters | Lakewood, Colorado • History Colorado Collections Facility Master Plan | Denver, Colorado LEED AP Building Design + Construction #10672826-AP-BD+C, U.S. Green Building Council Certified Interior Designer #015802, National Council for Interior Design Qualification, 1999 Registrations 29Key Team Resumes Stantec City of Wheat Ridge || RFQ-22-Facility Master Planning Mei-Ling Krabbe, NCIDQ, WELL AP Facilities Planner Bachelor of Science in Design w/ High Distinction, University of Nebraska-Lincoln (College of Architecture), Lincoln, Nebraska, 2018 EducationMei-Ling is an interior designer with five years of experience. She has focused on commerical architecture, corporate interiors, and building repositioning, but her passion is master planning for civic projects. In her role as a strategic architectural and interiors planning and data analyst with Stantec, Mei-Ling identifies her client’s operational, cultural, and strategic requirements. She translates these into short- and long-term space needs and recommendations to help clients with facilities program plans and master plans. She is an International Interior Design Association Council Member and is involved in the Equity in the Built Environment Coalition. • Town of Parker Comprehensive Facilities Master Plan | Parker, Colorado • Pinellas County Facilities Master Plan | Pinellas County, Florida • State of Colorado Multi-Year Professional Services Agreement Facilities Planning | Denver, Colorado • History Colorado Collections Facility Master Plan | Denver, Colorado • FourPoint Energy Construction Documents NCIDQ, Certificate #37040 April 2021 - present WELL AP, Certificate ID WELL-AP-0000080702 August 2021 - present Registrations 30Key Team Resumes Stantec City of Wheat Ridge || RFQ-22-Facility Master Planning Merlin Maley, AIA, NCARB, LEED AP BD+C Principal in Charge Master of Architecture, University of Colorado, Denver, Colorado, 2003 Master of Landscape Architecture, University of Colorado, Denver, Colorado, 2003 EducationDriven by a deep interest in creating more sustainable communities through improved mobility, Merlin has dedicated much of his career to the transit and the public sector. Merlin is helping to create 21st century cities and communities focusing on the long term vision, safe, and efficient design solutions. His practice focuses on employee’s needs first, by providing health and wellness to the users. As a practice leader, Merlin focuses on transit and public works facilities, multi-modal stations, and master plans. His design process looks at life cycle costs and blends functionality, safety, sustainability, and budget to reduce annual operational costs, and improve culture and morale for the firm’s municipalities/utilities clients. Over the course of his 24-year career, Merlin has developed expertise in architecture, construction administration, landscape design and green construction, serving as a project coordinator, architect, project manager, principal, designer on projects around the country. He has also established himself as a thought leader and sustainability champion. His career accomplishments include the first LEED Platinum certified bus maintenance and operations facility, repurposing a historic industrial facility into a 21st century maintenance and operations facility, and complete replacement of existing facilities while staying operational during construction. Merlin’s niche specialization includes designing facilities in high alpine and severe climate environments with numerous projects in the Rockies, Great Lakes, and even Antarctica. Merlin is a Leadership APTA graduate and was recognized as one of Mass Transit Magazine’s 40 Under 40 in 2015. • Town of Parker Comprehensive Facilities Master Plan | Parker, Colorado • Denver Public Works Facilities Master Plan | Denver, Colorado • Summit County Commons Facilities Master Plan | Summit County, Colorado • Town of Winter Park Transit and Public Works Facilities Master Plan, Winter Park | Colorado • Aurora Water and Central Facilities Master Plan | Aurora, Colorado • City of Loveland Service Center Expansion | Loveland, Colorado • Louisville City Services Facility | Louisville, Colorado Registered Architect #00402104, State of Colorado Registered Architect, National Council of Architectural Registration Boards LEED AP Building Design + Construction, U.S. Green Building Council Registrations 31Key Team Resumes Stantec City of Wheat Ridge || RFQ-22-Facility Master Planning 32Planning Team Key Personnel Jonathan Flager, RA, NCARB Public Works Facilities Planner Master of Architecture, Judson College, Elgin, Illinois, 2006 Bachelor of Arts in Architecture, Judson College, Elgin, Illinois, 2004 Registered Architect #00403751, State of Colorado Member, National Council of Architectural Registration Boards Education Registrations Jonathan is driven by his belief that architecture is the thoughtful crafting of form and space that produces an environment of sustainable purpose and meaning. Having worked in construction while going to school, he brings knowledge of the complete project cycle to his teams. Jonathan is a project architect with strong skills in design, project coordination and documentation through the use of BIM (Building Information Modeling), client interaction, construction administration and quality control/assurance. He believes in the power of purposeful and well-implemented design and draws his inspiration from architecture around the world. During his time with Stantec, Jonathan has worked on projects including Denver Water Operations Complex, National Renewable Energy Laboratory (NREL) Research and Support Facility, Summit County Frisco Transit Master Plan, and Adams County Fleet and Transportation Facility. One of his most memorable projects was the Loveland Service Center – recognized with a PCI Award – which he saw through the entire process from design to construction. • Boulder City Facilities Master Plan | Boulder City, Nevada • Pueblo Transit Bus Operations & Maintenance Facility Master Plan | Pueblo, Colorado • Larimer County Facilities Master Plan | Fort Collins, Colorado • Aurora Water Facilities Master Plan | Aurora, Colorado • Adams County Fleet & Public Works Service Center | Adams County, Colorado • Loveland Service Center | Loveland, Colorado • Frisco Transit Center Master Plan | Frisco, California • Summit County Fleet Maintenance & Road & Bridge Facility | Frsico, Colorado • Sacramento Municipal Utility District East Campus Operations Center | Sacramento, California • Lu’Luat Al Raha Master Plan | Abu Dhabi, United Arab Emirates Ronald K. Abo, AIA, NOMA,NCARB, LEED APPrincipal-in-Charge - Facility Assessments QualificationsFor 43 years as principal of firms bearing his name, Ron Abo has established a solid architectural reputation. In the 1970s, he was the Director of the visionary Denver Community Design Center where he developed strategic alliances with community leaders in inner-city neighborhoods and oversaw scores of community design and planning projects. Throughout his career, Ron has been involved in a number of redevelopment efforts including the Stapleton Advisory Board, Blueprint Denver, West Colfax Vision Plan, and St. Anthony’s Site Redevelopment. As Principal-in-Charge, Ron is involved with projects from incep-tion through completion, orchestrating a multi-disciplinary team of architects, engineers and specialty consultants. Ron is committed to providing a high level of service and is willing to explore design to create environments that meet each client’s unique needs. Dedi-cated to energy efficiency and sustainable architecture, Ron uses his expertise and experience to design projects that are relevant not only for today but well into the future. Notable Projects • Lutheran Campus Master plan (Facility Assessment subconsul- tant to MIG)|Wheat Ridge, CO • Denver Federal Center Assessment & Master Plan|Lakewood, CO • GSA Buildings 48 & 53 Program Development Study |Lakewood, CO • GSA Denver Federal Center Building 53 Assessment and Modern- ization Study|Lakewood, CO • GSA Denver Federal Center Building 48 Assessment and Mod- ernization Study|Lakewood, CO • GSA Denver Federal Center Building 20 Assessment and Modern- ization Study|Lakewood, CO • St. John Vianney Theological Seminary Assessment and Historic Renovation|Denver, CO • Sakura Square Assessment|Denver, CO • DEN Maintenance Facility Master Plan|Denver, CO • Denver 911 Call Center Facility Assessment and Renova- tion|Denver, CO • National Renewable Energy Laboratory (NREL) South Table Mountain Master Plan|Golden, CO • West 38th Ave Streetscape and Design Guidelines|Wheat Ridge, CO • Wheat Ridge Welcome Sign|Wheat Ridge, CO • Wheat Ridge Cyclery Addition and Renovation|Wheat Ridge, CO • Fruitdale Lofts|Wheat Ridge, CO EXPERIENCETotal: 46 YearsWith Firm: 43 Years EDUCATIONBachelor of ArchitectureUniversity of ColoradoBoulder REGISTRATIONSRegistered ArchitectColorado #00200790 NCARB Certificate Holder LEED AccreditedProfessional AFFILIATIONSAmerican Institute ofArchitects (AIA) AIA Colorado -Equity, Diversity and InclusivenessCommittee NationalOrganization of Minority Architects (NOMA)- Colorado Chapter President Savio House Board ofTrustees President City of Wheat Ridge Building CodeReview Committee Chair Nicole J. Lakra, AIAProject Architect - Facility Assessments QualificationsNicole is a licensed architect in Colorado with over 16 years of design and project management experience. Nicole’s portfolio spans both commercial and government work, and she is intensely focused on client satisfaction through respect for a client’s resources, responsive communication, and meticulous standards for design and production. Nicole is dedicated to completing projects on time and on budget and fostering productive team relationships. Nicole is a recent addition to The Abo Group team, and has proven herself to be a capable and competent project architect and project manager for the Abo Group’s role as associate architect to Populous in the Design of the Nation- al Western Center Livestock Center. The Abo Group is the Architect of Record for the design of the 21,000 SF Auction Hall and the 230,000 SF Expo Hall. The project is a fast track design. Notable Projects • National Western Center Expo Hall and Auction Hall|Den- ver, CO • GSA Denver Federal Center Building 25 FDA TenantImprovement|Lakewood, CO • Savio RTC Renovation|Denver, CO • Savio Residential Treatment Center|Lakewood, CO • City and County of Denver On-Call Architecture and En-gineering Services|Denver, CO • Clear Creek Child Care Center Conceptual Design|Ida- ho Springs, CO Before Joining The Abo Group• Programming for New Building for Valley Hope, A Detox Facility|Parker, Colorado (Contracted Architectural Ser- vices through DCC Architects) EXPERIENCETotal: 16 YearsWith The Abo Group: 8 months EDUCATION Bachelor of Architecture Southern Polytechnic State University REGISTRATIONS / CERTIFICATIONS Licensed Architect Colorado ARC.00404274 AFFILIATIONS American Institute of Architects Representative project experience UCHealth, COMaster Plan Peer Review UCHealth Anschutz Inpatient Pavilion, CO2017 Master Plan Auraria Higher Education Center, COLibrary Master Plan & Renovations - Phase I & II - 180,000 sf Adams County School District 14Adams County Community High School - Master Plan & New Facility Weld County School District, CORE-1 Master Plan Boulder County, COJustice Center DA Office RenovationSheriff ArmoryCourthouse - East Wing Remodel City of Aurora, COSoutheast Aurora Maintenance (SEAM) Facility - New Maintenance Facility City and County of Denver, COSewer Replacement - Admin Building Town of Silverthorne, CONew Public Works Facility Colorado Springs Utilities, COMesa Water Treatment Upgrades Littleton Fire Rescue, COTrailmark Fire Station - New Facility Denver Museum of Nature and Science, COMorgridge Family Exploration Center - Multiple RenovationsAdministration RemodelBond Projects - Chiller Replacement Colorado State University, COMountain Campus - Waste Water Treatment Facility Pueblo Community College, CODavis Building Remodel MIKE SCHROEDER, PE Principal-in-Charge/QA/QC Mike’s thoughtful leadership and engineering expertise have been a major contribution to BCER’s success over the years. Mike excels at analyzing all aspects of a project, including the end user’s needs, and figuring out how design can support it. His vast career experience allows him to take a holistic look at projects and to apply the best practices to each. He leads his teams to deliver consistent quality while always being on the pioneering forefront of new technologies and design standards. His own definition of success is having the entire design team so excited about a project that they want to do it all over again when complete. Experience 28 years Education Bachelor of Science in Mechanical Engineering, Kansas State University Registrations Licensed as a Professional Engineer in CO, AZ, FL, IL, KS, KY, MN, NM, NC, TX, WY, and Puerto Rico Affiliations ASHRAE, ASHE, CAHED, CSI, NCEES Representative project experience Denver Museum of Nature and Science, COMaster PlanAdministrative RemodelBoiler and Elevator UpgradesBond Projects - ChillersEducational Collections FacilityExpedition Health® ExhibitHealth Science InitiativeIMAX Chiller ReplacementSpace Odyssey InitiativeSoutheast Wing Basement RemodelMorgridge Family Exploration CenterPaleontology Lab Feasibility StudyPhipps Gallery Remodel City of Arvada, COArvada City Hall - Addition City and County of Denver, COBotanic Gardens - AHU ReplacementBotanic Gardens - Conservatory StudyBotanic Gardens - Science PyramidDenver Art Museum - Backup Steam BoilerDenver Performing Arts Complex - Elevator Bank StudyDenver Performing Arts Complex - Parking Garage Elevator DesignDenver Rec. Centers - Multiple renovation projects under an On-Call contractHiawatha Davis Natatorium - HVAC Re-DesignLaFamilia Natatorium - HVAC StudyLaFamilia Natatorium - DesignMinoru Yasui Municipal BuildingRoslyn Building G BreakroomSt. Charles Rec Center - HVAC & ElectricTraffic Ops Office Mods Bldg. EThatcher Memorial Fountain Upgrades Denver Public Libraries, COSam Gary Branch at Stapleton - New FacilitySam Gary Branch at Stapleton - Electrical Site DevelopmentWest Denver Branch Library Littleton Public Libraries, COEdwin A. Bemis Public Library - Addition PAUL MISKOWICZ, PE Project Manager/Senior Mechanical Engineer Paul is a recognized expert in mechanical engineering for campus-oriented projects. His more than 30 years of experience coupled with his meticulous approach to projects and sound judgment make him an invaluable asset to any project team. His extensive experience on the mechanical and plumbing design side gives him unique expertise in project management. The end users of the buildings he designs gives his work meaning.  Experience 36 years Education Bachelor of Science in Mechanical Engineering, Michigan Tech University Registrations Licensed as a Professional Engineer in CO Affiliations American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Representative project experience Lafayette, COFire Department City & County of Denver, COFCAP (Facility Condition Assessment Program)Civic Center Park & Plaza MEP Upgrades Town of Aspen, COPedestrian Mall Electrical Improvements City of Aurora, COSoutheast Aurora Maintenance (SEAM) Facility City of Thornton, COPublic Safety Facility - New Facility Town of Silverthorne, COPublic Works Facility - New Facility National Renewable Energy Laboratory, COOutdoor Test FacilityLab 147 RenovationElevator UpgradesLab 118 - New Facility Larimer County, COBehavioral Health Auraria Higher Education Center, COScience Building- New Facility/Addition & RenovationTivoli Room 346 Upgrades Colorado School of Mines, COReplace Corroded PipingStadium Replacement University of Denver, COSturm Hall - Boiler Plant Upgrade Ph I University of Colorado Colorado Springs, COVillage at Alpine Valley - New Residence Village & Dining Hall Trimble Navagation, CONew FacilityTrimble IITrimble II - Level 4 BuildoutServers RelocationXcel Energy EDA Program Bryan excels at managing projects through open communication, creative thinking, and creating excellent rapport with clients and end-users In addition to being a project manager, he is an experienced electrical engineer with experience on many large-scale commercial and residential projects for BCER. Clients benefit from his dedication to innovation in the engineering field; he is always working to find a better solution instead of relying on the status quo. Experience 16 years total, 11 years with BCER Education Bachelor of Science in Architectural Engineering, University of Kansas Registrations Licensed as a Professional Engineer in CO, TX Affiliations American Society of Healthcare Engineers (ASHE), Colorado Association of Healthcare Engineers & Directors (CAHED) BRYAN FINGLAND, PE, LEED AP® BD+C Project Manager/Lead Electrical Engineer TRAVIS McNAIR, RCDD Senior Technology Consultant Travis’ experience includes project management, operations, design, and installation on over 300 technology projects, including extremely large-scale facilities and campuses, complex renovations, and outside plant infrastructure projects. He is a recognized expert not only in construction administration, but also in the planning, management, and execution of relocations and cutovers for large-scale data centers and technology systems. Travis is adept at discerning and mitigating complex issues before they arise. He is distinguished by his ability to provide calm and technically sound management and expert advice throughout the design construction process, and his experience and attention to detail ensure that his projects are delivered with high quality and minimal impact to business and functional continuity. Experience 37 years Education InteCom E Certified (PBX), Confined Space Training, Systimax Design and Engineering, Systimax Installation and Maintenance, STI Firestopping Certification, Valcom Certification (Intercom and Paging), Primex Wireless Synchronous Network Systems, ADC Engineered for Uptime, Asbestos Awareness Certifications RCDD-BICSI Representative project experience Larimer County, COMaster Plan City of Cheyenne, WYCheyenne Public Safety Center – Renovation City of Colorado Springs, COCSPD Sand Creek Police Substation – New Facility South Metro Fire Rescue, COAdministration Building – New FacilityCommunications Networks – StudyE911 Call Center – New Facility Town of Greeley, COGreeley Fire Station – New Facility Adams County, COAdams County Justice Center – RenovationAdams County Detention Center – RenovationPark 12 Hundred Health Services Administration Building – Renovation City of Aurora, COPolice Department District 2 – Renovation Denver Water, COOperations Complex Redevelopment - Campus RedesignNew Modular Data Center Department of Transportation, CONew CDOT Headquarters/Region 1 Office Building Gallatin County/City of Bozeman, MTJustice and Law Enforcement Campus – New Facilities and Data Center National Park Service, COAlameda - Security Camera Replacement Design Town of Greeley, COGreeley Municipal Complex - New FacilityGreeley Fire Station – New FacilityGreeley Police Department – Security review of existing facility Town of Parker, COEastMain Park and PlazaPolice Station – New Facility and Data Center Stantec c. EXPERIENCE AND QUALIFICATIONS OF THE TEAM WORKING ON SIMILAR PROJECTS TOGETHER Stantec and The Abo Group have a long standing relationship of delivering successful planning solutions as a team. We have a deep bench of talented professional who have worked together on multiple past and current public sector projects. A couple of the project our team has partnered on recently include the GSA Rocky Mountain Region, Denver Federal Center Master Plan, and the State of Colorado Multi-Year Professional Services Agreement Facilities Planning to name a few. d. EXPERIENCES WITH THE CITY OR OTHER GOVERNMENT AGENCIES. DETAIL EXPERIENCE WITH OTHER DENVER METROPOLITAN GOVERNMENTS AND OTHER AREAS IN COLORADO. Stantec's Denver office has been contracting with local municipalities and government agencies for over 40 years. This experience includes hundreds of projects with public entities across Colorado. This team has been a part of numerous contracts for similar facilities assessments, some include clients such as Larimer County, Denver Public Works, and Summit County. We are confident in our understanding of government and municipal requirements anticipated on this project. Currently, The Abo Group holds an on-call design contract with the City and County of Denver. The Abo Group has also worked extensively with the Denver International Airport for over 25 years starting as an associate architect designing the Airside Concourse Buildings. The Abo Group has also worked with the Colorado cities of Aurora, Arvada, Littleton, Lakewood, Gunnison, Salida, Brighton, Lafayette, Sterling, Lamar, Clifton, as well as the State of Colorado. e. DESCRIBE THE UNIQUE STRENGTHS AND RELEVANT EXPERIENCE YOUR FIRM OFFERS. Stantec and The Abo Group have a long standing relationship of delivering successful planning solutions as a team. We have a deep bench of talented professional who have worked together on multiple past and current public sector projects. Stantec’s promise to design with community in mind drives our commitment to helping clients and communities reach a carbon neutral, resilient future. Stantec’s Carbon Impact team, a cross-disciplinary team of specialists, applies building science and design solutions to rapidly reduce the generation of carbon emissions in the built environment, increase resilience against climate risks, and have a positive impact on the socio-ecological health of our communities. Scope of Submission SYDNEY HAMILTON, LEED AP Role: Project Manager – Facility Planning || Location: Denver || Years of Experience: 19 As a resident of Wheat Ridge, Sydney is excited for this unique opportunity to bring her extensive civic facilities planning expertise to her home town. Her degrees in both interior design and architecture enable her to bring a holistic perspective to her projects. Sydney’s master planning experience centers on civic and public facilities and includes parks and rec facilities, police stations, courthouses, libraries, office buildings, and academic facilities. Sydney leads Stantec's public-sector facilities planning group and has served as project manager for multiple projects just like this one. She is adept at managing multi-disciplinary teams through collaborative processes: facilitating interactive workshops, visioning sessions, and interviews, and conducting research, analysis, and documentation of facilities, trends, utilization, surveys, and other data to develop innovative solutions that are tailored to each client’s needs. City of Wheat Ridge || RFQ-22-Facility Master Planning RON ABO, AIA, NOMA, NCARB, LEED APRole: Facility Conditions Assessment Lead || Location: Denver || Years of Experience: 46 Ron Abo has been a resident of Wheat Ridge for 27 years. During this time, he has engaged with the City of Wheat Ridge either as a private citizen or as an architect on numerous occasions. In the 1970s, he was the Director of the visionary Denver Community Design Center where he developed strategic alliances with community leaders in inner-city neighborhoods and oversaw scores of community design and planning projects. Throughout his career, Ron has been involved in a number of redevelopment efforts including the Stapleton Advisory Board, Blueprint Denver, West Colfax Vision Plan, and St. Anthony’s Site Redevelopment. 33 Stantec Anticipated Timeline for the Scope of Work 3.Anticipated Timeline for the Scope of Work City of Wheat Ridge || RFQ-22-Facility Master Planning PLANNING VALUES We view a facilities master plan as an opportunity to create a holistic, visionary framework that will guide and streamline facilities decisions into the future for the spectrum of your services. A master plan needs to provide an understanding of where you are, where you need to be, and where you are going. The plan should outline building blocks that create a strong foundation and a strategic direction but should maintain the flexibility to adapt to inevitable change. When creating a master plan, we promote a series of values that ensure a successful project: trust through collaboration, evidence-based research, and a focus on success. TRUST THROUGH COLLABORATION Stantec’s project approach is built on establishing trust. Throughout the project, we will listen closely to your needs, concerns, and expectations. As we lead the effort, our goal is to establish a sense of community and consensus-building, arrive at optimal solutions, and foster open and thought-provoking dialogue. Our process is specifically tailored to engage stakeholders from the very start. We utilize a highly interactive workshop format at key points in the process to solicit input, participation, and collaboration, and to establish transparency with critical stakeholders who are the true experts in understanding what our city needs. We have found this format to be extremely valuable for moving master planning projects forward in a short period of time while involving multiple user groups and agendas. EVIDENCE-BASED RESEARCH We will develop the needs assessment and options using an evidence-based approach consistent with industry best practices and tailored for the specific needs of Wheat Ridge. FOCUS ON SUCCESS Stantec’s project approach combines collaboration, leadership, and facilitation—proven tools and methodologies to ensure that your project is successful. For every project, we begin by helping you define your specific criteria for project success to understand what is most important to Wheat Ridge and its facilities master plan. These criteria become the guiding principles for the project team. Our planning philosophy for civic facilities master plans is centered on: • Facilitating and creating optimal service delivery • Promoting health, wellbeing, and safety for Wheat Ridge citizens and employees • Being budget- and value-driven • Incorporating best practices • Maximizing efficiency, flexibility, and functionality • Providing adaptability and resiliency for future growth and/or changing needs • Supporting the varying work styles of Wheat Ridge employees • Promoting collaboration, interaction, and socialization among stakeholders • Projecting and representing a civic and community presence and hub 34 Stantec City of Wheat Ridge || RFQ-22-Facility Master Planning 35Anticipated Timeline for the Scope of Work PROGRAMMING AND MASTER PLANNING APPROACH This master plan will be vital to understanding current and future space needs and to plan appropriately for the future needs of Wheat Ridge and its citizens and visitors. We have provided a process diagram on the following page. Start-Up• Steering Committee Role and ResponsibilitiesThe success of the project will rely to a great degree on this group of decision makers who will review and approve documents, attend key meetings and workshops, and assist in providing strategic direction and supporting recommendations as we move through the planning process. Depending on the make-up of the Steering Committee, we may also need to identify additional representatives from city functions (not represented in the Steering Committee) who can be points of contact for interviews, provide departmental/user group data, and who can participate in key meetings and workshops through the life of the project. • Kick-Off Meeting with Steering CommitteeSydney will be your primary point of contact throughout the project. At the project kick-off meeting, we will finalize a detailed schedule identifying key dates, meetings, milestones, deadlines, and management processes associated with efficient delivery of the project. A regular communication schedule will be instituted to cater to your preferences for frequency and method (e.g. teleconference, conference call, or face-to-face). This is an opportunity to establish the foundation for the client/consultant working relationship that will be maintained over the life of the project. The meeting will also provide the opportunity for Wheat Ridge to provide relevant background information that can help inform the Stantec team. • Collect and Review Background InformationWe will collect and review the background information provided by the City of Wheat Ridge. This will allow us to be better informed going into the initial workshops and interviews. Some of this data may be collected at the time of the user group interviews. This will include, but not be limited to: • Previously completed or drafts of planning studies • Drawings as available including: CAD drawings for owned buildings included in the scope; occupancy plans showing departmental boundaries in multi-occupant buildings; floor plans including for leased spaces • Site plans as available • Lease agreement terms if applicable (start dates, termination dates, lease rates etc.) • Previously completed facility conditions reports, audits of building systems, roof reports, etc. • Current and historical staffing data by department, and any staffing projections recently developed by any departments, if available • Customer data for functions with high customer interface either on- or off-site (e.g. average number of daily client contacts at a Central Services facility or rental history at a city-owned venue) • City vehicle inventory 36 Stantec Anticipated Timeline for the Scope of Work City of Wheat Ridge || RFQ-22-Facility Master Planning Focus on SuccessFocus on Success We will develop the needs assessment and options using an evidence-based approach that is consistent with industry best practices and tailored for the specifc needs of Wheat Ridge. Our project approach combines collaboration, leadership, and facilitation - proven tools and methodologies to ensure that your project is successful. The above Process Diagram reflects decades of experience from a dedicated team of professionals devoted to civic programming and master planning. Start-Up & Visioning ENGAGE ContractAward Collect & Review Background Infomation Prepare Program Questionnaires Define project vision & goals Outline Criteria for Success Conduct VisioningSession Interviews & Site Tours Conduct Interviews and Site Tours Data Collection DISCOVER Distribute, collect & review questionnaires Identify workplace challenges, constraints, and opportunities Assess efficiency, right-sizing, and utilization Explore resiliency &performance Confirm occupancies Visioning Session Present Preliminary Findings Problem Solving CREATE Final Report DELIVER Space Needs Program & Gap Analysis Develop Preliminary Options Analysis Refine Preferred Concepts Alternatives Workshop #1 Alternatives Workshop #2 Present Draft Conceptual Facility Plan Final Conceptual Facility Plan Programming ANALYZE Establish Steering Committee Confirm communicationprotocol Schedule Visioning Session Align scope & deliverables ConductKick-OffMeeting PHASE 1 PHASE 2 Collaborative & interactive Based on defined project vision & goals Explore consolidation and efficiency/optimization opportunities Preliminary Findings Existing plans, site maps Staffing data Prior master plans Existing conditions Peer best practice and telework comparisons, trends, & benchmarks Identify range of teleworking space implications Develop Standards Deliver Draft Conditions AssessmentReport Create concept plans Prepare preliminary concept cost estimates Develop phased implementation schedule Wheat Ridge review& approve Wheat Ridge review & provide comments Develop & Present Draft Space Needs Current, short-term, & long-term needs Gap analysis Deliver Final Space Needs Program Report Wheat Ridge review & provide comments Deliver Final Conceptual FacilityPlan Wheat Ridge review & provide comments Conduct Benchmark Research Deliver Final Conditions Assessments Report Develop Initial Cost Modeling & Framework Wheat Ridge review & provide comments Perform Conditions Assessments Distribute Pre-Assessment Surveys Conduct conditions assessment tours Deliver Final Conditions AssessmentReport Stantec 37Anticipated Timeline for the Scope of Work City of Wheat Ridge || RFQ-22-Facility Master Planning Visioning• Visioning WorkshopStantec will conduct a preliminary workshop with the Steering Committee and other key stakeholders to: • Review key drivers for the project • Identify initial “hot buttons” and critical issues • Discuss preferred directions for Wheat Ridge, including potential shifts in service delivery and/or operational models • Create an overarching vision statement • Define criteria for project success The graphic below is an example of results from a prioritization exercise held in a client Visioning Session. In this example, top priorities were “city image” and “culture and workplace.” • Distribute Programming Questionnaires to Departments These will address issues including, but not limited to: current and projected staffing, space utilization, space deficiencies, operational inefficiencies, vehicle, materials and equipment storage, critical adjacencies, security requirements, work environment conditions, and customer service delivery issues. Wheat Ridge will have an opportunity to review and revise the questionnaires prior to distribution in order to ensure that appropriate information is being sought. Data Collection• Conduct Interviews and Tour Currently Occupied SpaceIn addition to reviewing background materials provided by the City, the primary data collection occurs through user group interviews and facility tours associated with the interviews. All user groups identified in the RFP will be interviewed. Department directors, key direct reports, and area experts from the professional/technical/field staff will be invited to participate to touch all levels of each functional group, however it is not recommended that this be an “all staff” meeting as that can impede productive programming discussions. Information technology and facilities departments may be involved in multiple interviews for those facilities and/or functions where building and/or technology issues are critical. Physical walk-throughs of the space occupied by each user group will supplement the information provided through the surveys and interviews. City-provided occupancy drawings showing functional or ownership boundaries within each facility will be verified. • Benchmarks and Best PracticesA key component of facilities planning is understanding where improvements can be made to be more in-line with best practices that have been put in place in other organizations with similar operations, space types, and functional requirements. While best practices are sometimes more policy-related than space- or facility-related,changes to “how we do business” can often have space and facility implications. Standards used to quantify the space needs program will be developed using an evidence-based approach to compare in-place standards with benchmarks and industry best practices, considering defined space utilization, work environment, and operational and efficiency goals set by Wheat Ridge. Our team brings specific expertise in each of the primary space types that are part of this master plan and we can draw on both our planning and design experience in each of these areas to inform the proposed refinement of your current standards as needed. Stantec has extensive experience in public and private sector workplace trends that are driving office space use and design. We also have significant experience working with institutions, elected officials, and legislative functions. It is critical to incorporate workplace trends at the planning stage. Stantec 38Anticipated Timeline for the Scope of Work City of Wheat Ridge || RFQ-22-Facility Master Planning • Conditions Assessments Building Conditions Assessments will consist of the following: • Site visit and visual investigation of each building. • Meet with the facility managers of each building. • Review existing drawings and documents. • Conduct high-level assessment of the condition of architectural, heating, ventilating, air-conditioning, plumbing, fire suppression, power, lighting, fire alarm, and technology building systems of each building. • Prepare a report of findings of the condition of the building sys-tems to be reviewed and approved by Wheat Ridge • Provide building condition assessment information and opinions related to Alternatives Development. • Assist in developing building condition assessment in the final report. • Preliminary Findings ReportUpon completion of the interviews, tours, and benchmarking we will compile a report of preliminary findings for review with the Steering Committee to ensure that the team is moving forward with the right assumptions, and accurate and complete information. Using the data collected, Stantec will analyze space needs and document qualified and quantified requirements in both a narrative and excel based dataset format. This format will be developed with input from Wheat Ridge to make sure it will be a useful and updateable tool for the City to use beyond the completion of this project. The areas of analysis will include the following: • Analyze Current Operational and Functional Conditions Including current service delivery models with respect to space implications, adjacency requirements, space deficiencies or inefficiencies, workflow, and other critical elements. • Develop Staffing Projections and Preliminary Space Needs Program Staffing projections will be developed based on discussions with each department, historical trends, correlations with city population, service delivery goals, material and data storage requirements, and other parameters agreed to in conjunction with Wheat Ridge decision makers. Parameters typically differ from department to department. The Space Needs Program will be organized by department and will define existing space use, currently required space, and projected space needs for the desired planning timeframes. Optimal adjacencies and operational service delivery requirements will be defined. At a master planning level, square feet per person targets will be established for each unique function. Existing conditions will be assessed to see how this compares with the target, where the specific surplus or deficits may be, and how that function can get closer to the target. This “right-sized” requirement will then be applied to projected staffing and service delivery goals to project future space need. Stantec 39Anticipated Timeline for the Scope of Work City of Wheat Ridge || RFQ-22-Facility Master Planning • Develop Gap Analysis This analysis will compare required and projected space needs with available inventory, identifying gaps in square footage and/or appropriate types of space. We utilize a variety of data collection, data analytics, and data graphics tools. Our planning team uses a powerful software tool, Tableau, which we employ to process and filter data to help us quickly look at what complex information input is telling us, and to be able to display it in a way that makes it easily interpreted and understood by a variety of audiences. We use Tableau to: • Compare existing versus required square footages over time in gap analyses • Process and sort space utilization data from sources like room scheduling systems and access badge data • Run space occupancy scenarios with plug and play blocks of space, placing required space into available space across floors and buildings These analytics and graphics can be a static snapshot in a report or presentation or in some cases, can be manipulated in real time during workshops or planning sessions to help decision making and brainstorming. The example provided below shows a gap analyses for the criminal justice and public safety functions in Larimer County comparing existing and available square feet to required and projected square feet in each current location. • Present Preliminary Findings to the Steering Committee Problem Solving• Develop Preliminary Alternatives Our team will develop preliminary options to address gaps identified, as well as operational and service delivery requirements. This will be done at a departmental level while considering the “big picture” for Wheat Ridge as a whole. This may include “test-fit” block plans to validate the feasibility of any options being proposed. We will identify practical opportunities to correct operational deficiencies, and will analyze the capacity and feasibility to renovate, expand or replace facilities. The graphic on the following page illustrates a scenario planning exercise from a stakeholder workshop. • Conduct Alternatives Development Workshop #1 with Stakeholders. Using an interactive workshop format, the Steering Committee and stakeholders will review and discuss these alternatives and narrow down a preferred direction. The proposed structure of the workshop is a half-day session with representatives from all user groups. This allows each sub-group to focus on their unique agendas, facility types, and issues, with an opportunity for all stakeholders to hear from each other and brainstorm about the broader needs of the organization. 40 Stantec Anticipated Timeline for the City of Wheat Ridge || RFQ-22-Facility Master Planning • Optional Public EngagementStantec is well-versed in conducting public outreach and engagement through a variety of formats, both virtual and in-person. If desired, we will work with Wheat Ridge to determine the appropriate format for your public outreach initiatives. The goal of the initiative will be to inform the public on the process as well as to solicit feedback and foster support for the preferred directions outlined in the master plan. It is recommended that this initiative take place during the problem-solving phase of the project. We will work with you to determine the appropriate scope and fee for this optional service. • Refine Preferred Directions and Prepare Preliminary Cost Implications Preferred directions will be refined based on input from the first workshop. Preliminary cost estimates will be generated at a cost/square foot level for these preferred solutions. These estimates will analyze recommendations for maintenance, upgrades, renovation and replacement of buildings, and/or building components. The analysis can result in strategies to extend building life expectancies and provide critical assistance in decisions regarding building disposition, replacement or continued use, and comparing the cost effectiveness of these potential options. The estimating process will be priced out at current market costs with estimated projections based on the implementation schedule. Capital renewal costs will be clearly distinguished from other capital project costs. Costs will be reported as new construction, demolition, and moderate to extensive renovations. The areas defined as such will be ascertained in consultations with the architects and engineers and site visits as needed to get a better understanding of the scope. All estimates will have the appropriate markups for general conditions, bonding, profit, and escalation. • Develop Site and Facility Specific Planning ConceptsOver the course of programming and alternatives development, certain buildings and/or departments may show need for an increase in space that may trigger the expansion of an existing building or adaptive reuse or new construction of a building on or off-site. In this case, the project team will provide concept-level site planning, which will show a proposed footprint and massing diagram of a new building or building addition as well as other site features such as parking, transportation options, and access drives. • Conduct Alternatives Development Workshop #2Preferred directions will provide the “end game” that Wheat Ridge ultimately wants to reach. This workshop will focus on prioritization of these goals and objectives and developing a phased implementation plan to achieve those. Final Report• Present Preliminary Recommendations Workshop results and emerging recommendations will be presented to the Steering Committee to obtain consent and approval of the proposed course of action. Following approval, additional city leadership may be briefed if desired. The Steering Committee will have a final opportunity to provide comments, which will be incorporated into the final facilities master plan. Recommendations will include consideration and impacts of federal, state and local codes and regulations including the American’s with Disabilities Act, Uniform Building Codes, and security measures, at a minimum. Stantec will finalize the phasing plan, refine the estimates of probable cost by phase, and finalize any concept plan graphics for the final report. Stantec 41Anticipated Timeline for the Scope of Work City of Wheat Ridge || RFQ-22-Facility Master Planning If desired, Stantec will present an overview of the study process and outcomes to the City Council and/or members of the public. • Deliver Final Master PlanFollowing final review of the draft, we will deliver the final master plan report in digital and/or hard copy format, depending on your preferences. PROPOSED SCHEDULE Stantec 1Implementation Plan 4.Implementation Plan City of Wheat Ridge || RFQ-22-Facility Master Planning a. STATEMENT OF FEES Stantec 43Implementation Plan City of Wheat Ridge || RFQ-22-Facility Master Planning b. OUTLINE ALL RATES/FEES FOR STAFF See above. c. LIST PRICING FOR ANY OR ALL OF THE REQUESTED SERVICES. Stantec 44Implementation Plan City of Wheat Ridge || RFQ-22-Facility Master Planning d. SPECIFY A MAXIMUM PERCENTAGE OF INCREASE FOR RENEWAL YEARS SUBSEQUENT TO INITIAL CONTRACT. It is not anticipated that this contract will need to be renewed. e. DETAIL ANY VALUE-ADDED SERVICES SUCH AS REPORTING, TRAINING, PUBLIC OUTREACH, EDUCATIONAL PROGRAMS, RESOURCES, HEALTH AND SAFETY PROGRAMS, INVESTMENTS, OR SERVICE AT PUBLIC EVENTS. Optional services have been described herein including public outreach. Stantec Price and/ or Total Cost of Ownership 5.Price and/or Total Cost of Ownership City of Wheat Ridge || RFQ-22-Facility Master Planning a. EQUIPMENT LIST Not Applicable B. PROVIDE AN ANTICIPATED, DETAILED TOTAL $198,085.00 45 RFQ-22-Facilities Master Plan PROPOSER INFORMATION AND ADDENDUM ACKNOWLEDGMENT FEIN / SSN (Required) DUNS Federal ID number COMPANY NAME ADDRESS CITY STATE ZIPCODE PHONE CELL AUTHORIZED SIGNATURE REQUIRED—MUST BE IN INK or Digital PRINTED NAME TITLE EMAIL PROPOSER IS RESPONSIBLE FOR FOLLOWING UP ON ALL ADDENDA ACKNOWLEDGE ADDENDA: Proposer is responsible for confirming receipt of each addendum; please initial as applicable. #1 #2 #3 #4 DO NOT CONTACT THE REQUESTING DEPARTMENT OR MEMBERS OF THE EVALUATION COMMITTEE Signature acknowledges that proposer: 1)Has read the RFQ documents thoroughly prior to submitting a proposal, 2)Will fulfill the obligations in accordance to the scope of work or specifications, terms, and conditions, 3)Is capable of performing quality work to achieve the City objectives, and 4)Is submitting without collusion with any other individual or firm. Bidder must complete and SUBMIT this form with your bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. Stantec Architecture, Inc 999 18th Street, Suite 202 Denver Colorado 80202 (303) 575-8497 (303) 921-8708 Merlin Maley Principal merlin.maley@stantec.com 56-2220906 The vendor, whose name and signature appear below, certifies and agrees as follows: 1.The vendor shall comply with the provision of CRS 8-17.5-101 et seq. 2.The vendor shall not knowingly employ or contract with a worker without authorization to perform this work, or enter into a contract with a subcontractor who knowingly employs or contracts with a worker without authorization. 3.The vendor represents, warrants, and agrees that it (i) has verified that it does not employ any workers without authorization, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise shall comply with the requirements of CRS 8-17.5-102(2)(b)(I). 4.The vendor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the vendor fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq., the City may terminate an award for breach of contract, and the vendor shall be liable for actual and consequential damages to the City of Wheat Ridge. CERTIFIED and AGREED to this day of , 20 RFQ NUMBER AND TITLE: FIRM SUBMITTING PROPOSAL: (print full legal name) Authorized Signature: Printed Name: Attestation: (a corporate attestation is required) BY: (Corporate secretary, or equivalent) Place Corporate seal here, if applicable Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. CITY OF WHEAT RIDGE, CO CERTIFICATION STATEMENT FOR WORKER WITHOUT AUTHORIZATION, COMPLIANCE TO HB 1343 Stantec Architecture, Inc Merlin Maley,Principal RFQ-22-Facilities Master Plan 17th February 22 Title VI of the Civil Rights Act of 1964 prohibits discrimination of the basis of race, color or national origin by any entity receiving Federal financial assistance. The City of Wheat Ridge is a recipient of Federal financial assistance and as such, it—as well as all of its responsible agents, contractors and consultants—is required by the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 (the Regulations) to assure nondiscrimination. The City of Wheat Ridge assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, or national origin under any program or activity conducted by the City. All bidders are hereby notified that the City of Wheat Ridge will affirmatively ensure that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. This applies to all solicitations for bids for work or material subject to the Regulations, and for all proposals for negotiated agreements. The bidder, whose name and signature appear below, certifies and agrees as follows: 1.The bidder shall comply with the provisions of Title VI of the Civil Rights Act of 1964. 2.The bidder assures the City of Wheat Ridge that disadvantaged business enterprises are afforded full opportunity to submit bids as sub-contractors or sub-consultants and will not be discriminated against on the grounds of race, color or national origin in consideration for award. 3.The bidder shall comply with all reasonable requests made in the course of an investigation of Title VI, the Regulations and this assurance by the Colorado Department of Transportation, the US Department of Transportation or the City of Wheat Ridge, as a sub-recipient of Federal financial assistance. 4.The bidder agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under Title VI, the Regulations and this assurance. FIRM: (Print full legal name of company) AUTHORIZED SIGNATURE: Printed Name and Title: Date Certified and Agreed: Attestation: (A corporate attestation is required) Place corporate seal below: BY: Corporate Secretary or Equivalent Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. CITY OF WHEAT RIDGE, CO NON-DISCRIMINATION ASSURANCE FORM TITLE VI REGULATIONS AT 49 CFR PART 21 Stantec Architecture, Inc Merlin Maley, Principal February 17, 2022 The following information is considered the minimum required to evaluate the qualifications of vendors intending to provide services for the City of Wheat Ridge. Any additional information the vendor feels is pertinent, or which clarifies items below, is welcome and may be attached. The City will contact previous clients and references as a part of the evaluation process; thus, letters of reference may shorten the evaluation period, if they are attached to this form. 1.Name of firm: Address: State: Zip: Phone: Principal in Charge: Email: Type of business organization: Sole Proprietorship Corporation Partnership Limited Partnership State in which incorporated: Joint Venture Name, position, and address of contact person regarding the information on this form: Number of years your firm has done business under current name: Previous firm names and / or partnerships (or firms you have had any interest in), and number of years of each name: 2.Attach a list of all major accounts for the past two (2) years. For each account indicate the following: •Original contract bid amount •Owner (address, telephone number, and contact name) •Account services provided •Litigation or claims related to each project—state nature of claim(s), the parties, the dollar value, the status and outcome—including the value of any judgment(s) or settlement(s) •Name, address, and phone number(s) of reference(s) CITY OF WHEAT RIDGE, CO VENDOR QUALIFICATION FORM RFQ-22-Facilities Master Plan Stantec Architecture, Inc 999 18th Street, Suite 202 Denver, Colorado 80202 (303) 575-8497 Merlin Maley merlin.maley@stantec.com X 67 Sydney Hamilton, (303) 575-8541 999 18th Street, Suite 202, Denver, Colorado, 80202-2424 3.List major equipment, facilities, number and type of employees available for City contract work. Specify type of work normally done by your forces, and type of work you normally subcontract. 4.Have you ever terminated or abandoned any work prior to completion, or had work completed by others? No Yes If yes, describe the situation: 5.Has your firm—or any firm you have had any interest in—ever been debarred or prohibited from contract work with any government or private institution? No Yes If yes, describe the situation: City Staff will evaluate all qualification forms. The evaluation will include the following: •Verification of statements and information provided •Ability to perform work of similar nature •Financial stability and capability •Any pattern of controversy, poor management, delayed claims, late completion, inferior service or equipment, or other undesirable characteristics This qualification process is not intended to restrict competition. The intent is to protect the City’s legitimate interests by ensuring that vendors are competent, capable of quality work, and financially able to complete the work awarded. Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. X X May 14, 2022 Attention: Kion Gibbs 1525 Sherman St., Suite 112 Denver, CO 80203 Reference: City of Wheat Ridge Facilities Master Plan Dear Mr. Gibbs: The following scope outlines our assumptions for providing a 10-year facilities master plan for the City of Wheat Ridge, Colorado. We anticipate a project duration of approximately 20 weeks. Approximate phase durations are included below. These may be adjusted based on The City’s needs and preferences as well as holiday impacts. Project Background The City of Wheat Ridge, Colorado, is located approximately 6 miles west of Denver and is home to nearly 31,000 residents. The City currently manages 7 buildings and 6 historical properties, providing nearly 150,000 square feet for approximately 400 City employees, as well as Colorado Parks and Recreation Association staff (a non-profit agency). PHASE I Start-Up and Visioning (approx. 5 weeks) The City should establish a Steering Committee that will serve as reviewers and decision-makers throughout the project. Steering Committee members should attend the Kick-off meeting and Visioning Session, the Interim Presentation, and the Alternatives Workshops. Sydney will be your primary point of contact throughout the project. Stantec will conduct a project Kick-off Meeting and Visioning Session in person at your facilities. In the project kick-off meeting, we will finalize a detailed schedule identifying key dates, meetings, and milestones. The meeting will also provide the opportunity for Wheat Ridge to provide relevant background information that can help inform the Stantec team. Stantec will collect and review background information provided by the City of Wheat Ridge. Some of this data may be collected at the time of the user group interviews. Stantec understands that drawing availability is limited for existing buildings. ·Drawings as available including: CAD drawings for owned buildings included in the scope; occupancy plans showing departmental boundaries in multi-occupant buildings; floor plans or diagrams for leased spaces ·Site plans as available ·Lease agreement terms if applicable (start dates, termination dates, lease rates etc.) ATTACHMENT 3 ·Previously completed facility conditions reports, audits of building systems, roof reports, etc. ·Current and historical staffing data by department, and any staffing projections recently developed by any departments ·Customer data for functions with high customer interface either on- or off-site (e.g. average number of daily client contacts, rental history at a city-owned venue) ·City vehicle inventory Stantec will conduct a Visioning Workshop with the Steering Committee and other key stakeholders to: ·Review key drivers for the project ·Identify initial “hot buttons” and critical issues ·Discuss preferred directions for Wheat Ridge, including potential shifts in service delivery and/or operational models ·Create an overarching vision statement ·Define criteria for project success Stantec will prepare programming questionnaires that will address issues including, but not limited to: current and projected staffing, space utilization, space deficiencies, operational inefficiencies, vehicle, materials and equipment storage, critical adjacencies, security requirements, work environment conditions, and customer service delivery issues. Wheat Ridge will review and approve the survey format and content prior to distribution in digital (online) format. Wheat Ridge will coordinate survey distribution and Stantec will coordinate gathering, compiling, and analyzing the results. Data Collection (approx. 7 weeks) Following collection of the surveys, Stantec will interview representatives from each of the City’s departments. The representative should be the department and division directors, or key direct reports may also be included. Interviews will be conducted in person at your facilities, followed by physical walk-throughs of the space occupied by each user group. City-provided occupancy drawings showing functional or ownership boundaries within each facility will be verified. This proposal assumes a minimum of 7 interviews over the course of 2 weeks, however this can be adjusted to meet organization-specific needs. Wheat Ridge will coordinate scheduling of interviews. The following is suggested: 1. Administrative Services 2. Municipal Court 3. Community Development 4. City Manager’s Office 5. Parks and Recreation Association 6. Police Department 7. Public Works Stantec will conduct research on peer benchmarks for space use in order to compare Wheat Ridge’s usage and create target planning metrics and space planning standards for future projects. An assessment of the physical conditions of existing facilities will be led by Stantec’s consultants. This process will include site visits and visual investigation of each building as described below. Wheat Ridge will work with the consultant team to coordinate meetings with the facility managers of each building prior to observations. Facility managers may be present during observations. Facilities will include: Building Description Occupancy SQ FT City Hall Administrative Services, City Manager’s Office, Community Development, Municipal Court, Police Department 36,000 Wheat Ridge Recreation Center Parks and Recreation 70,000 Active Adult Center Parks and Recreation 12,000 Anderson Community Building Parks and Recreation 8,200 Parks, Forestry, and Open Space Parks and Recreation 7,300 Parks Shops Parks and Recreation 3,000 Public Works Shops Public Works 6,000 Assessments will include review of the general architectural conditions, finishes, heating, ventilation, and air- conditioning systems; the plumbing systems; the fire suppression systems; the power and lighting systems; the fire alarm systems; and the technology systems of each facility. Code compliance conditions may be noted as needing further assessment, however a full code-compliance assessment will not be performed. Existing furniture and equipment will not be assessed. The consultant team will have access to existing drawings and documents provided by the City as described in previous pages. A digital report containing the conditions assessment will be provided for review. The Steering Committee will have 2 weeks to provide comments, which will be incorporated into a final Conditions Assessments Report. This report will be provided in digital and/or hard copy format, depending on the City’s preferences. In addition to the Conditions Assessments Report, the team will provide BIM (Revit 2022) models containing architectural information for: · City Hall · Wheat Ridge Recreation Center · Active Adult Center · Anderson Community Building Upon completion of the interviews, tours, and benchmarking Stantec will present preliminary findings for review with the Steering Committee to ensure that the team is moving forward with the right assumptions, and accurate and complete information. This information will be presented in a virtual slide presentation format, and presentation content will be provided to the City in the form of a digital pdf. Programming (approx. 8 weeks) Using the data collected, Stantec will analyze space needs and document qualified and quantified requirements in both a narrative and excel based dataset format. The areas of analysis will include current and forecasted operational and functional space implications, adjacency requirements, space deficiencies or inefficiencies, workflow, and other critical elements. Staffing projections will be developed based on discussions with each department, historical trends, correlations with city population, service delivery goals, material and data storage requirements, and other parameters agreed to in conjunction with Wheat Ridge decision makers. Parameters typically differ from department to department. The Space Needs Program will be organized by department and will define existing space use, currently required space, and projected 5-year and 10-year space needs. Optimal adjacencies and operational service delivery requirements will be defined. Stantec will develop a gap analysis to compare required and projected space needs with available inventory, identifying gaps in square footage and/or appropriate types of space. Stantec will present the Space Needs Program to the Steering Committee and provide a report in the form of a digital pdf. Wheat Ridge will distribute this report to each department and division in order to review the information for accuracy. Wheat Ridge will have 2 weeks to provide comments, corrections, and feedback, and Stantec will incorporate comments into a final draft. PHASE II Problem Solving (approx. 8 weeks) Our team will develop preliminary options to address gaps identified, as well as operational and service delivery requirements. This will be done at a departmental level while considering the “big picture” for Wheat Ridge as a whole. This may include “test-fit” block plans to validate the feasibility of any options being proposed. We will identify practical opportunities to correct operational deficiencies, and will analyze the capacity and feasibility to renovate, expand or replace facilities. Stantec will facilitate an interactive workshop to review and discuss alternatives and narrow down a preferred set of directions. The proposed structure of the workshop is a half-day session with the Steering Committee and representatives from all user groups. This allows each sub-group to focus on their unique agendas, facility types, and issues, with an opportunity for all stakeholders to hear from each other and brainstorm about the broader needs of the organization. Stantec will refine preferred directions based on input from the first workshop. Preliminary cost estimates will be generated at a cost/square foot level for these preferred solutions. These estimates will analyze recommendations for maintenance, upgrades, renovation, and replacement of buildings, and/or building components. The analysis may include strategies for building disposition, replacement or continued use, and will compare the cost effectiveness of these potential options. The estimating process will be priced out at current market costs with estimated projections based on the implementation schedule. Capital renewal costs will be clearly distinguished from other capital project costs. Costs will be reported as new construction, demolition, and moderate to extensive renovations. The areas defined as such will be ascertained in consultations with the architects and engineers and site visits as needed to get a better understanding of the scope. All estimates will have the appropriate markups for general conditions, bonding, profit, and escalation. Based on input from the first workshop, Stantec will develop site- and facility-specific planning concepts. These may include a proposed footprint and massing diagram of a new building or building addition, or other site features such as parking, transportation options, and access drives. Following refinement of the preferred options, Stantec will conduct a second Alternatives Workshop, presenting phasing and cost implications, and further refining alternative concepts as required. Final Report (approx. 6 weeks) Workshop results and emerging recommendations will be presented in a virtual meeting to the Steering Committee to obtain consent and approval of the proposed course of action. Following approval, Stantec will deliver a draft of the final master plan report in digital and/or hard copy format, depending on your preferences. Recommendations will include consideration and impacts of federal, state and local codes and regulations including the American’s with Disabilities Act, Uniform Building Codes, and security measures, at a minimum. Stantec will finalize the phasing plan, refine the estimates of probable cost by phase, and finalize any concept plan graphics for the final report. The Steering Committee will have 2 weeks to provide comments, which will be incorporated into the final facilities master plan. If desired, Stantec will present an overview of the study process and outcomes to the City Council and/or members of the public. Exclusions and Provisions Structural and civil conditions assessments will not be included. If the need for structural and/or civil assessment becomes apparent, Stantec will provide a scope to perform the required services. Hazardous material testing and destructive testing will not be performed. Conditions assessment will be limited to visual inspection and information available at the time of site observation only. The site conditions are deemed safe for access and observation by Stantec personnel and subcontractors. If assessment cannot be completed on originally scheduled visits) because conditions do not meet this requirement, additional site visit will be charged on an hourly basis. The use of cameras during site visits will be permitted. All observations requiring the use of elevated work platforms or fall arrest equipment is excluded. Entry into confined spaces is excluded from our scope of work. Additional exclusions are as follows: · Production of As-Built Drawings or Construction Documents · Bidding Services/Construction Phase Services · Development and delivery of a Facility Management Model · Commissioning and/or Enhanced Commissioning · Code/Life Safety consulting services · Daylight modeling/LEED® Certification/Energy Modeling · Assistance in rebate programs such as Xcel Energy programs · Computational Fluid Dynamic (CFD) modeling · Code evaluation or documentation of the envelope design (including ComCheck for the envelope) Project Schedule Note: Proposed schedule is contingent on ability to execute contract by May 27, 2022. WE E K 1 WE E K 2 WE E K 3 WE E K 4 WE E K 5 WE E K 6 WE E K 7 WE E K 8 WE E K 9 WE E K 1 0 WE E K 1 1 WE E K 1 2 WE E K 1 3 WE E K 1 4 WE E K 1 5 WE E K 1 6 WE E K 1 7 WE E K 1 8 WE E K 1 9 WE E K 2 0 WE E K 2 1 WE E K 2 2 WE E K 2 3 WE E K 2 4 WE E K 2 5 WE E K 2 6 WE E K 2 7 WE E K 2 8 ● ● ○ Confirm Occupancies ◊ ● ◊ ● ◊ ● ● ● ● ◊ ○ ◊ ●Proposed Meeting ○Wheat Ridge Review ◊Stantec Deliverable 8 weeks 8 weeks 6 weeks Award of Contract 5 weeks 7 weeks Research Benchmarks JUL AUG SEP OCT NOVMAY Programming Refine Preferred Directions Workshop #1 Develop Draft Space Needs Program & Gap Analysis Present Draft Space Needs Analysis Data Collection PROJECT SCHEDULE Start-Up & Visioning Kick-off Meeting & Visioning Session Conduct User Group Interviews Collect and Review Background Information Distribute and Collect Program Questionnaire Prepare Questionnaires JUN Wheat Ridge Review and Approve Questionnaire Draft Report Comments from Wheat Ridge Deliver Final Master Plan Report Final Report Delivery Finalize Master Plan Report Draft Deliver Draft Master Plan Report Workshop #2 Problem Solving Assemble Preliminary Findings Prepare Workshop #1 Material Draft Space Needs Analysis Comments From Wheat Ridge Deliver Space Needs Program Deliver Conditions Assessment Report Perform Conditions Assessments Deliver Draft Assessments Report Present Preliminary Findings Report Draft Assessments Report Comments From Wheat Ridge 28 weeks Proposed Fee Stantec Total $106,001.00 Conditions Assessment $71,750.00 Cost Estimating $10,000.00 Reimbursable Expenses $783.60 TOTAL PROJECT FEES $188,534.60 RFP VENDOR COST FORMS 1 2 3 RANK ANDERSON HALLAS Not Provided YES 95 48 56 4 CUSHING TERRELL 144,500.00$ YES 90 72 56 3 WOLD ARCHITECTS 96,000.00$ YES 80 88 86 2 STANTEC 198,085.00$ YES 100 88 90 1 ATTACHMENT 4