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6-26-23 City Council Meeting Agenda Packet
AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO June 26, 2023 6:30 pm This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building. City Council members and City staff members 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 26, 2023) 3. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code: 844 7452 8542 Passcode: 989574 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. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES None APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES Park and Recreation Month 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 a contract for the Recreation Center parking lot repair project to Sunland Asphalt and Construction, LLC of Littleton, Colorado, and approve subsequent payments in the amount of $485,900.72 with a contingency amount of $48,500.00, for a total not-to-exceed the amount of $534,400.72 b. Resolution No. 33-2023 – a resolution approving an agreement with Denver Urban Gardens, Inc., associated with the Happiness Gardens Food Forest c. Motion to award a contract in the amount of $384,662.99 to GameTime Inc., for the purchase and installation of playground equipment at Anderson Park to be funded by the reimbursement from the Metropolitan Football Stadium District PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution No. 37-2023 – a resolution approving the assignment to the Jefferson County Housing Authority, D/B/A Foothills Regional Housing of $1,970,630 of the City of Wheat Ridge, Colorado’s 2023 Private Activity Bond volume CAP allocation from the State ceiling for Private Activity Bonds; and authorizing the execution and delivery of an assignment and other documents in connection therewith 3. Council Bill No. 14-2023 – an ordinance amending Article XI of Chapter 26 of the Wheat Ridge Code of Laws concerning requirements for mixed-use zone districts 4. Council Bill No. 15-2023 – an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning parking requirements for deed-restricted affordable housing, and making conforming amendments therewith 5. Council Bill No. 16-2023 – an ordinance amending Articles I and II of Chapter 26 of the Wheat Ridge Code of Laws, concerning definitions and regulations for Childcare facilities, and making conforming amendments therewith ORDINANCES ON FIRST READING None DECISIONS, RESOLUTIONS, AND MOTIONS None CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION PROCLAMATION PARK AND RECREATION MONTH JULY 2023 WHEREAS park and recreation programs are an integral part of communities throughout this country, including the City of Wheat Ridge; and WHEREAS parks and recreation promote health and wellness, improving the physical and mental health of people who live near parks; and WHEREAS parks and recreation promote time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimers; and WHEREAS parks and recreation encourage physical activities by providing space for popular sports, hiking trails, swimming pools and many other activities designed to promote active lifestyles; and WHEREAS park and recreation programming and education activities, such as out-of-school time programming, youth sports and environmental education, are critical to childhood development; and WHEREAS parks and recreation increase a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS parks and recreation are fundamental to the environmental well-being of our community; and WHEREAS parks and recreation are essential and adaptable infrastructure that makes our communities resilient in the face of natural disasters and climate change; and WHEREAS our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS the U.S. House of Representatives has designated July as Park and Recreation Month; and WHEREAS the City of Wheat Ridge recognizes the benefits derived from park and recreation resources. NOW THEREFORE, BE IT RESOLVED I, Mayor Bud Starker, and the Wheat Ridge City Council, do hereby proclaim July 2023 as Park and Recreation Month in the City of Wheat Ridge. __________________________ Bud Starker, Mayor _______________________ Steve Kirkpatrick, City Clerk ITEM NO: 1a DATE: June 26, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT FOR THE RECREATION CENTER PARKING LOT REPAIR PROJECT TO SUNLAND ASPHALT AND CONSTRUCTION, LLC OF LITTLETON, COLORADO, AND APPROVE SUBSEQUENT PAYMENTS IN THE AMOUNT OF $485,900.72, WITH A CONTINGENCY AMOUNT OF $48,500.00, FOR A TOTAL NOT-TO-EXCEED THE AMOUNT OF $534,400.72 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________ Director of Public Works City Manager ISSUE: The Wheat Ridge Recreation Center opened in February 2020. Significant repairs to the parking lot are currently required. Due to the poor soils underlying the parking lot, staff completed an analysis and determined that a major rehabilitation, consisting of a mill and overlay treatment, would be more cost-effective than complete reconstruction of the parking lot. One bid was received for this work in response to an Invitation to Bid. The bid was in line with the Engineer’s Estimate for the work. Therefore, staff recommends awarding a contract to the lowest responsive bidder, Sunland Asphalt and Construction, LLC of Littleton, Colorado in the amount of $485,900.72 plus a staff-managed contingency of $48,500.00 for a total not-to-exceed amount of $534,400.72. Council Action – Recreation Center Parking Lot Repair Project June 26, 2023 Page 2 PRIOR ACTION: None FINANCIAL IMPACT: $1,832,725 was budgeted for design and construction of this project in the 2023 line item 40-102-800-805 from the Urban Renewal Authority (URA) bond funds. The Recreation Center is within the URA boundary and, therefore, is eligible for funding from Fund 40 (URA bond funds). The $1,832,725 budgeted amount anticipated a complete reconstruction of the parking lot including: removal of all pavement, removal of 12 inches of soil beneath the pavement, reconditioning of the sub-surface soil, import of new base material, and new pavement. This work would have taken at least 3-6 months to complete since the work would need to be phased to allow for continued parking for patrons and staff during construction. The geotechnical analysis that was completed in 2019 showed that the parking lot was constructed on very poor underlying soils. Therefore, even with a full reconstruction, the likelihood of significant cracks reappearing in the new asphalt is high. Instead, staff evaluated completing a major rehabilitation, consisting of a mill and overlay of the existing pavement along with installation of a geogrid material. While a major rehabilitation will need to be repeated in the next 10-12 years, it is still more cost effective than the full reconstruction which might last 20 years, at most. An Invitation to Bid for this project was issued on May 16, 2023. One bid was received in response and opened on June 6, 2023. The bid from Sunland Asphalt and Construction, LLC of Littleton, Colorado represents the lowest responsive and responsible bid. The low bidder’s price was $485,900.72 or $37,562.04 more than the Engineer’s Estimate. Staff evaluated the unit prices from Sunland in relation to the Engineer’s Estimate, which was prepared prior to the bid, and feels that Sunland’s pricing is reasonable. Bidder Bid Amount Sunland Asphalt and Construction, LLC $485,900.72 Engineer’s Estimate $448,338.68 Amount above Engineer’s Estimate $37,562.04 A 10% staff-managed contingency of $48,500 is recommended to account for unknown circumstances that might be encountered on the project. This 10% contingency will only be utilized, if necessary, to account for items not already in the plans. Construction Budget $1,832,725.00 Contract Amount $485,900.72 10% Contingency $48,500.00 Total not-to-exceed Costs $534,400.72 Council Action – Recreation Center Parking Lot Repair Project June 26, 2023 Page 3 Available Remaining Budget $1,298,324.28 BACKGROUND: The contractor will supply all labor, equipment, and materials necessary to complete the work in accordance with the project plans and specifications. Sunland Asphalt and Construction has successfully performed similar work for other local municipalities. The company’s references and experience were evaluated by Public Works staff and were found to be favorable. Project Schedule The annual shut down of the Recreation Center is scheduled for August 21 through August 27, 2023. Staff developed a phasing plan for this work that takes advantage of the closure period, allows for staging of equipment and materials for the planned roof replacement project, and ensures parking areas are available for patrons and staff during construction. The contract terms stipulate that work cannot begin before August 1 and must be completed no later than September 29, 2023. RECOMMENDATION: Staff recommends that the City Council approve, by motion, a contract with Sunland Asphalt and Construction, LLC in the amount of $485,900.72 for the Recreation Center Parking Lot Repair Project, with allowance for a 10% staff-managed contingency in the amount of $48,500. RECOMMENDED MOTION: “I move to award the Recreation Center Parking Lot Repair Project and approve subsequent payments to Sunland Asphalt and Construction, LLC in the amount of $485,900.72, with a contingency amount of $48,500 for a total not to exceed amount of $534,400.72.” Or, “I move to deny award of the Recreation Center Parking Lot Repair Project to Sunland Asphalt and Construction, LLC for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Whitney Mugford-Smith, Procurement Manager Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENT: 1. Contract with Sunland Asphalt and Construction, LLC ITB-23-0121-WWRC Paving Project CITY OF WHEAT RIDGE ITB-23-0121 Wheat Ridge Recreation Center Paving ITB-2023-WRRC Paving Project AGREEMENT THIS AGREEMENT, made this 26th day of June, 2023 by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and Sunland Asphalt and Construction, LLC, 12365 N. Dumont Way, Littleton, CO 80125, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows: 1.The Contractor agrees to furnish all materials, supplies, tools, equipment, labor and other services necessary tocomplete the construction of the Project titled, ITB-2023- Wheat Ridge Recreation Center Paving Project, 23-0121, in accordance with the Contract Bid Documents: •Bid Schedule #1: Lot #1 – Kipling St. •Bid Schedule #2: Lot #2 – Basketball Side Lot •Bid Schedule #3: Frontage Road and Roundabout •Bid Schedule #4: Roundabout to Kipling St. •Bid Schedule #5: Service Road, Access Road to Pool Sidewalk •Bid Schedule #6: Service Road, Pool Sidewalk to Basketball Parking Lot 2.The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with theterms therein for the Total Not-to-Exceed Contract amount, including contingency of $48,500.00, of five hundredthirty-four thousand, four hundred dollars and seventy-two cents, ($534,400.72). 3.The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14)calendar days after the date of the Notice to Proceed and to complete the same within 45 working days after thedate of the Notice to Proceed unless the time for completion is extended otherwise by written changes to theContract Bid Documents. 4. The term "CONTRACT BID DOCUMENTS" means and includes the following: A Signature Page K Agreement B Advertisement for Bids L Payment Bond C Information for Bidders M Performance Bond D Contractor Qualification N Notice to Proceed E Bid Form O Final Receipt F Bid Schedule P Project Special Provisions G List of Subcontractors Q General Provisions H Non-Discrimination Assurance R Addenda I Non-Collusion Affidavit Q Drawings/ Exhibits J Bid Bond S Keep Jobs in Colorado 5.The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, suchamounts as required by the Contract Documents. 6.Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a)Fiscal year. Fiscal year for the city shall commence on January 1 and end on December 31. (b)Budget contains appropriations. The city council shall annually adopt a budget in a mannerconsistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge.Upon the annual adoption by the city council of each fiscal year's budget, levels of authorizedexpenditures from the funds indicated within the annual budget itself and/or the adopting resolutionshall constitute the appropriation of the amounts specified therein for the purposes specified therein.During the course of each fiscal year, approval by the city council of contracts for goods or services,and/or approval of bids for the provision of specified goods or services, shall likewise constituteappropriations of the amounts specified therein for the purposes specified therein. (c)No contract to exceed appropriation. During each and any fiscal year, no contract entered into by oron behalf of the city shall expend or contract to expend any money, or incur any liability, nor shallany contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms, ATTACHMENT 1 ITB-23-0121-WWRC Paving Project involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the city and no city monies from any source whatsoever shall be paid thereon. (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the city council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the city. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the city; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e) Notice to parties contracting with the city. All persons contracting with, or selling goods or services to, the city are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the city wherein city funds are used to pay for said contract. 7. Section 2-4 of the City Code of Laws is presented below: (a) The city may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the city or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. (b) The city council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91- 103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. 8. Any notice or communication given pursuant to this Agreement to the City shall be made in writing: City Contact: Contractor Contact: Name: Maria D’Andrea Name: Dominic Fiore Address: 7500 W. 29th Ave. Address: 12365 N Dumont Way Wheat Ridge, CO 80033 Littleton, CO 80125 E-mail: mdandrea@ci.wheatridge.co.us E-mail: dfiore@sunlandasphalt.com Phone: 303-205-7601 Phone: 720.456.1580 9. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. 10. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. 11. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. ITB-23-0121-WWRC Paving Project 12. Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. ______________________________________ __________ Whitney Mugford-Smith, Procurement Manager Date Signed ______________________________________ __________ Maria D’Andrea, Director of Public Works Date Signed ______________________________________ __________ Patrick Goff, City Manager Date Signed ITB-23-0121-WWRC Paving Project IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE STEVE KIRKPATRICK, CITY CLERK WHEAT RIDGE, C0 80033 303-234-5900 DATE BUD STARKER, MAYOR (Seal) APPROVED AS TO FORM: CONTRACTOR GERALD DAHL, CITY ATTORNEY COMPANY NAME ADDRESS ATTEST TO CONTRACTOR: AUTHORIZED SIGNATURE PRINT NAME NAME TITLE TITLE DATE DATE ITB-23-0121-WWRC Paving Project PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Sunland Asphalt & Construction, LLC (Name of Contractor) 1625 E. Northern Ave. Phoenix, AZ 85020 (Address of Contractor) A Limited Liability Company hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of Four hundred eighty-five thousand, nine hundred dollars and seventy-two cents, ($485,900.72) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2023, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-23-0121, 2023 Wheat Ridge Recreation Center Paving Project , in accordance with the Contract Bid Documents including: • Bid Schedule #1: Lot #1 – Kipling St. • Bid Schedule #2: Lot #2 – Basketball Side Lot • Bid Schedule #3: Frontage Road and Roundabout • Bid Schedule #4: Roundabout to Kipling St. • Bid Schedule #5: Service Road, Access Road to Pool Sidewalk • Bid Schedule #6: Service Road, Pool Sidewalk to Basketball Parking Lot NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said WORK, and for all labor performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. *Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-23-0121-WWRC Paving Project IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2023 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. ITB-23-0121-WWRC Paving Project PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Sunland Asphalt & Construction, LLC (Name of Contractor) 1625 E. Northern Ave. Phoenix, AZ 85020 (Address of Contractor) A Limited Liability Company hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of Four hundred eighty-five thousand, nine hundred dollars and seventy-two cents, ($485,900.72) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2023, a copy of which is hereto attached and made a part hereof for the Project titled, , ITB-23-0121, 2023 Wheat Ridge Recreation Center Paving Project , in accordance with the Contract Bid Documents including: • Bid Schedule #1: Lot #1 – Kipling St. • Bid Schedule #2: Lot #2 – Basketball Side Lot • Bid Schedule #3: Frontage Road and Roundabout • Bid Schedule #4: Roundabout to Kipling St. • Bid Schedule #5: Service Road, Access Road to Pool Sidewalk • Bid Schedule #6: Service Road, Pool Sidewalk to Basketball Parking Lot NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-23-0121-WWRC Paving Project IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2023 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 1 PROJECT DOCUMENTS VERSION 12/2021 ITB-23-0121-Wheat Ridge Recreation Center Paving 2023 WHEAT RIDGE RECREATION CENTER PAVING PROJECT Prepared by: DEPARTMENT OF PUBLIC WORKS CONSTRUCTION DIVISION Procurement & Contracts Manager Whitney Mugford-Smith, NIGP-CPP, CPPB wmsmith@ci.wheatridge.co.us CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 ANTICIPATED PROJECT SCHEDULE ITB Issued May 16, 2023 Deadline for Questions May 25, 2023 at 2pm Optional Pre-Bid Conference Meeting May 31, 2023 Bid Due Date and Time June 6, 2023 at 1pm Project Start Date By August 1, 2023 Completion Date By September 29, 2023 The engineering material and data contained in these Project Documents were prepared under the supervision and direction of Maria D’Andrea, Director of Public Works. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 2 TABLE OF CONTENTS PAGE # INVITATION TO BID......................................................................................................................... 3 INFORMATION FOR BIDDERS ....................................................................................................... 4 GENERAL PROVISIONS ................................................................................................................. 8 SAMPLE AGREEMENT & FORMS ................................................................................................ 16 CDOT STANDARD SPECIAL PROVISIONS Section 101 AND 106 – Buy America Requirements ........................................................ 26 Section 103 – Colorado Resident Bid Preference ............................................................. 28 Section 105 – Construction Drawings ............................................................................... 28 Section 105 – Control of Work ........................................................................................... 28 Section 106 – Buy America Requirements – Non-Federal Aid ......................................... 29 Section 106 – Conformity to the Contract, Hot Mix Asphalt (Less than 5000 Tons) ......... 29 Section 106 – Country of Origin ........................................................................................ 31 Section 107 – Water Quality Control (Under One Acre of Disturbance) ........................... 31 Section 109 – Asphalt Cement Cost Adjustment (AC Included in the Work)……………..35 Section 109 – Prompt Payment (Local Agency) ................................................................ 37 Section 401 – Reclaimed Asphalt Pavement .................................................................... 38 Section 703 - Aggregate .................................................................................................... 40 CITY SPECIAL PROVISIONS Section 101 – Definitions and Terms................................................................................. 50 Section 102 – Bidding Requirements and Conditions ....................................................... 51 Section 103 – Award and Execution of Contract ............................................................... 52 Section 104 – Scope of Work ............................................................................................ 52 Section 105 – Control of Work ........................................................................................... 53 Section 106 – Control of Material ...................................................................................... 55 Section 107 – Legal Relations and Responsibility to Public ............................................. 56 Section 108 – Prosecution and Progress .......................................................................... 56 Section 109 – Measurement and Payment ....................................................................... 57 Section 202 – Removal of Structures and Obstructions.................................................... 58 Section 210 – Reset Structures ......................................................................................... 59 Section 304 – Aggregate Base Course ............................................................................. 60 Section 306 – Reconditioning ............................................................................................ 61 Section 401 – Plant Mix Pavements – General ................................................................. 61 Section 403 – Hot Mix Asphalt .......................................................................................... 63 Section 604 – Manholes, Inlets, and Meter Vaults ............................................................ 63 Section 614 – Traffic Control Devices ............................................................................... 64 Section 614 – Traffic Control Devices – Signs .................................................................. 64 Section 627 – Pavement Marking...................................................................................... 77 Section 630 – Construction Zone Traffic Control .............................................................. 78 Section 713 – Traffic Control Materials ............................................................................. 79 Section 715 – Lighting and Electrical Materials ................................................................. 79 Section 720 – Materials Sampling and Testing ................................................................. 79 PROJECT SPECIAL PROVISIONS Special Note – Phasing of Work Areas ……………………………………………………….80 Special Note – Mobilization………… ..................................................................... ……….80 Special Note – Asphalt Corner Radii…………..…………………………..………….……....80 Special Note – Geotextile and HMA Requirements…………………………..…….………..80 REQUIRED SUBMITTAL DOCUMENTS (Under Separate Cover) Bidder Acknowledgement Form Contractor’s Qualification Form List of Subcontractors and Amount Non-Discrimination Assurance Form Worker Without Authorization Compliance Form Non-Collusion Affidavit Keep Jobs in Colorado Form Proposal Form Bid Bond Form BID SCHEDULE (Protected Excel Spreadsheet Under Separate Cover) DRAWINGS ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 3 ADDENDA (if applicable) EXHIBITS ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 4 INVITATION TO BID ITB-23-0121-WRRC PAVING 2023 WHEAT RIDGE RECREATION CENTER PAVING PROJECT CITY OF WHEAT RIDGE Bid Due Date: Tuesday, June 6, 2023 by 2:00 pm local time, via BidNetdirect.com Scope of Work: Provide all labor, equipment, and materials. Listed project on this contract as follows. Wheat Ridge Recreation Center Roadways and ADA Improvements. Approximate quantities include: 7,197 Sy of milling, 1,218 tons of asphalt, 110 tons of CIP (6”) Patching, 6 (Each) adjust water valve, 6 (Each) adjust man hole, 1 (Each) Adjust Traffic Box, 20 (SF) 8” White modified recessed striping,963 (SF) 4” White modified recessed striping, 81 (SF) 4” double yellow recessed striping, 7,134 (SF) Geotextile GS 25, 1220 (LF) of 24” reflective tape marking (Stop Bar), 550 (LF) of 24” reflective tape marking (Crosswalk) 1 (Each) Arrow Left, 1 (Each) Arrow (Special)(Straight/Left arrow), 989 (SF) 4” white modified recessed striping (Parking Stalls), 634 (SF) 4” yellow modified recessed striping (Handicapped Stalls & Misc. Markings),1 (Each) Sanitary Facility), 1 (Each) Mobilization, 12 (Each) Remove and Replace Stop Blocks, 6 (Each) Remove and Replace Street Signs(Handicapped Parking), 2 (Each) Remove and Replace Rip Rap Channel (5’ X 35’ Rip Rap)(5” X 15’ “V” Channel), 14 (Each) 4’ X 4’ Handicapped Space Marking (Blue/White Symbol), 2 (Each) Street Sign (30” X 30”)(One way), 2 (Each) Street Sign with Pole/Base (30” X 30”)(Special)(Left Straight, Right Arrows), 6 (Each) Street Sign with Pole/Base (12’ X 18”)(No Parking Symbol, “Fire Lane”, Dbl Arrows), 1 (Each) ADA Ramp and sidewalk, 50 (LF) of 6” concrete sidewalk (R&R), 470 (LF) of curb and gutter (6”) (R&R), 180 (LF) of curb and gutter (6”)(ADA Modified), 10 (tons) of ¾” Aggregate Rock (Employee Parking Lot), 26 (LF) (R & R) Driveway pan, 10 (LF) (R&R) Inlet pan, 16 (LF) (R & R) Curb and Gutter/Sidewalk (8”), 300 (LF) Edge pan (New), 184 (SF) (R&R) Attached Sidewalk,410 (SF) (R&R) Concrete Sidewalk (Flatwork), 1 (LS) Traffic Control Management, 1 (LS) Materials Sampling. Cost Range is $250,000 thousand dollars to $300,000 thousand dollars. Anticipated start date is 8/1/23. Completion time is approximately 45 working days. Phased work for the completion of this project is expected. The service road and the back half (1/2) of the basketball court side parking lot will need to be completed before or after the week of August 21 to 25, 2023. This is to accommodate the roofing crews staging and access to roofing areas for that week. The rest of the work will be detailed in the phasing plan attached to this contract. The week of August 21 to August 25, 2023 the recreation center will be closed to the public. The City intends on using this week to limit the impact of the recreation center users. Pre-bid Meeting: An optional pre-bid meeting will be held for this project at 11220 West 45th Avenue, Building #3 on Wednesday, May 31, 2023 at 1:00 p.m. Deadline for Questions: Thursday, May 25, 2023 Contractor Qualification: Bidder must complete and submit the Contractor Qualification Form provided with the bid document. Failure to complete this form and submit with bid may result in the disqualification of the contractor. The City’s acceptance of this bid shall be based on information provided by the contractor in this form. Bid amount and qualifications are evaluated after bid opening to determine the successful bidder. The City does not pre-qualify contractors. Disadvantaged Businesses: Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. Labor Compliance: Contractors shall comply with the amended provisions of CRS 8-17.5-101 and requirements of the Keep Jobs in Colorado Act, H.B. 13-1292 and CRS 8-17-101 et seq., regarding employment of illegal aliens and Colorado laborers to perform on public contracts. Bid Bond: A 5% bid bond is required to be submitted with the bid. Payment and performance bonds for 100% of the contract price and insurance will be required for the successful bidder. Submit Electronic Bids to: BidNetdirect.com Mark Electronic Submittal: Company Name, ITB-2023-WRRC PAVING Comments: All bids will be validated. No bids will be accepted after the bid due time. The City of Wheat Ridge reserves the right to reject any and all bids or any part and to waive any formalities or informalities to make an award in the best interest of the City. Bid Documents: Available on the Rocky Mountain E-Purchasing System (a division of BidNet) at www.rockymountainbidsystem.com (800-835-4603 option #2). Visit BidNet for bid tab sheets and project updates. Point of Contact: Whitney Mugford-Smith, Procurement and Contracts Manager, wmsmith@ci.wheatridge.co.us Do not contact the requesting department. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 5 Publish Dates: May 16, 2023 Whitney Mugford-Smith, Procurement Manager ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 6 INFORMATION FOR BIDDERS 1.0 BID SUBMISSION REQUIREMENTS 1.1 Electronic Bids for ITB-23-0121-WRRC PAVING, will be received by the City of Wheat Ridge, Office of Procurement and Contracts via bidnetdirect.com, as stated in the Advertisement. Point of Contact: Whitney Mugford-Smith, by email wmsmith@ci.wheatridge.co.us Questions about this bid should be posed on the BidNet Direct Platform. 1.2 Bid Documents are available on the Rocky Mountain E-Purchasing System (a division of BidNet) at www.bidnetdirect.com (800-835-4603 option #2). The City does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of bidding documents. The City in making copies of the bidding documents available on the terms in this Project Manual does so only for the purpose of obtaining bids on the Work and does not confer a license of grant for use. 1.3 Electronic Project Document/Proposal must be submitted and signed, either digitally or in ink and scanned. All blank spaces for prices must be filled in and the Proposal Form must be fully completed and executed when submitted. In the case of discrepancies, the unit price shall govern the extension and subsequent total. No alteration in bid prices by erasures, deletions or strike-outs, will be acceptable unless each alteration is signed or initialed by the Bidder. A conditional or qualified Bid will not be accepted. The Project Documents contain an affidavit certifying that the Bidder has not participated in any collusion or taken any action in restraint of free competitive bidding. This form must be signed and submitted with the Bid. Names of all subcontractors and the amounts of their subcontract work shall be provided on the List of Subcontractors, as provided in this bid. If none, state “none”. 1.4 Not used 1.5 Each Bid must be accompanied by a digital Bid Bond payable to the City for five percent (5%) of the total amount of the Bid. Securities may not be substituted for Bid Bonds. Attorneys-in-Fact who sign Bid Bonds must file with each Bond a certified and effective dated copy of their Power of Attorney. Surety companies executing bid and performance bonds must appear on the Treasury Departments most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado. 1.6 A bidder may withdraw or revise a proposal after it has been deposited with the City. Withdrawal of bids may be made either in writing or in person; however, any bid withdrawn for purpose of revision must be re-deposited with the City before the time set for opening of bids. Bids may not be withdrawn after the time set for opening of bids. 1.7 The City assumes no responsibility for late deliveries of e-mail. Only electronic bids received by the Purchasing & Contracting Division will be accepted. 1.8 Issuance of this Request for Bid does not commit The City of Wheat Ridge to award any contract or to procure or contract for any equipment, materials, or services. The City further reserves the right to waive informalities or irregularities, and the right to accept or reject any and all bids, including but not limited to, any bid which does not meet bonding requirements, or bids which do not furnish the quality, or offer the availability of materials, equipment or services as required by the specifications, description or scope of services, or bids from bidders who lack experience or financial responsibility, or bids which are not to form, or to award bids to the lowest and most responsive and responsible bidder, or to require new bids. No award will be made to any person, firm, or corporation that is in arrears upon any obligation to the City. 1.9 The City of Wheat Ridge is exempt from City, County, State and Federal Sales/Excise Taxes. Certificates will be issued upon request. 2.0 BID DOCUMENTS 2.1 The Contract Documents consist of the Contract Bid Documents including construction specifications, if any. The Contract Bid Documents contain the provisions required for the bidding and construction of the Project. The Owner shall provide to Bidders, prior to Bidding, all information that is pertinent to, and delineates and describes, the Work. This may occur on the plans or on a separate document. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 7 2.2 Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents, including Addenda. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any obligation in respect to his Bid. After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of Work or of nature of the Work to be done or any materials specified for the Work. 2.3 If it should appear to a Bidder that the work to be done or matters relative thereto are not sufficiently described or explained in the Contract Documents or that the Contract Documents are not definite and clear, the Bidder may make written inquiry regarding same to the Procurement Contact at least five (5) working days or a designated date set by the Procurement Contact, before the scheduled closing time for filing Bids. Then, if in the judgment of the Procurement Manager, additional, information or interpretation is necessary, such information will be supplied in the form of an Addendum, and will be delivered to all individuals, firms and corporations who have received the Contract Documents. Such Addendum shall have the same binding effect as though contained in the main body of the Contract Documents. Oral instructions or information concerning the contract documents or the project given out by officers, employees, or agents of the owner to prospective bidders shall not bind the owner. If no request is made in the five working days or the designated time, Bidder waives right to any conflict in the Contract Documents. 2.4 All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the Project shall apply to the Contract throughout. Further, the Bidder agrees to abide by the following federal requirements: Executive Order No. 11246 as amended, including specifically the provisions of the Equal Opportunity Clause, the Immigration Reform and Contract Act of 1986 and the Americans with Disabilities Act of 1991. As a recipient of Federal funds, subject to United States Department of Transportation Title VI Regulations at 49 CFR Part 21 the Civil Rights Act of 1964, the City of Wheat Ridge, and its responsible agents, contractors and consultants assure that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid or be discriminated against in consideration of award of this project. Disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations subject to the Regulations. The United States has a right to seek judicial enforcement with regard to any matter arising under Title VI, 49 CFR Part 21 and assurances. 2.5 Bidder must complete and submit the Contractor Qualification Form provided with the bid document. Failure to complete this form and submit with bid may result in the disqualification of the contractor. The City’s acceptance of this bid shall be based on information provided by the contractor in this form. Bid amount and qualification shall be evaluated after bid opening to determine the successful bidder. The City does not pre-qualify contractors. 3.0 CONTRACT AWARD 3.1 The Owner may make such investigations as deemed necessary to determine the ability of the Bidder and Subcontractors to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted, or investigation fails to satisfy the Owner that such Bidder or any Subcontractor is properly qualified to carry out the obligations of the Agreement. If the owner rejects any Subcontractor as unqualified, the Bidder may substitute another Subcontractor for approval by the Owner but no change to the Bid Price will be allowed. 3.2 The Award of Contract, is anticipated, within 60 calendar days after the opening of bids to the lowest most responsive, responsible qualified bidder whose bid complies with all the requirements of this request for bids. Evaluation and award will only include the alternate if the base bid and the alternate price combined are within the advertised cost range. If more than one alternate, the order or the selection of the alternates for award is at the discretion of the City. Award is in the best interest of the City. 3.3 The successful bidder shall be notified of the recommendation for award and to provide signed agreements, insurance, and bonds. A Performance Bond and Payment Bond, each in the amount of 100 percent (100%) of the Contract Price, with a corporate surety approved by the Owner, will be required for the faithful performance of the Contract. Securities may not be substituted for Payment or Performance Bonds. Attorneys-in-Fact who sign Payment and Performance Bonds must file with each Bond a certified and effective dated copy of their Power of Attorney. 3.4 The successful bidder shall return copies of the executed Agreement and acceptable Performance and Payment Bonds by a designated date. In case the Bidder fails to comply by the designated date or if the Bidder fails to provide acceptable bonds, the Owner may, at its option, consider the Bidder in default, in which case the Bid Bond accompanying the Proposal (Bid) shall become the property of the Owner. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 8 3.5 The Owner, within 10 working days of receipt of the requirement stated in 3.3 above, shall execute the Agreement and issue the Notice to Proceed at a pre-construction meeting with the Contractor. If the Owner cannot issue the Notice to Proceed within such time period, the time period will be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within the 10 working day period or within the period mutually agreed upon, the Contractor may terminate the Agreement, by Written Notice, without further liability on the part of either party. 3.6 Upon receiving notice of award, the Contractor may obtain from the City three sets of documents at no cost. Additional sets of drawings and specifications may be purchased on a cash sale basis from the City. The Contractor and the Owner will agree on the date that Work will commence which shall be within 10 working days of the date of the Notice to Proceed, unless a time extension is approved by the Owner. 3.7 Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a) Fiscal year. Fiscal year for the City shall commence on January 1 and end on December 31. (b) Budget contains appropriations. The City Council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge. Upon the annual adoption by the City Council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposes specified therein. During the course of each fiscal year, approval by the City Council of contracts for goods or services, and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein. (c) No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the City shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the City which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the City and no City monies from any source whatsoever shall be paid thereon. (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the city council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the City. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the City; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e) Notice to parties contracting with the City. All persons contracting with, or selling goods or services to, the city are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the City wherein City funds are used to pay for said contract. 3.8 Section 2-4 of the City Code of Laws is presented below: (a) The city may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the City or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. (b) The City Council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 9 3.9 To the extent that the agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable. Should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 10 CITY OF WHEAT RIDGE GENERAL PROVISIONS 1. DEFINITIONS: "City" (also sometimes referred to as "Owner") means the City of Wheat Ridge, Colorado. The City is represented by employees who will assume Project administration, oversight, and inspection responsibilities as further defined in the Contract, the General and Special provisions, and the current edition of CDOT Standard Specifications for Road and Bridge Construction. At the time of the preconstruction meeting, or when requested by the Contractor, the City shall provide an official list of City representatives and their titles as applies to the Project. "Contractor" means the person, partnership, firm or corporation responsible for the physical accomplishment of the project. "Subcontractor" means only those having a direct contract with the Contractor and includes one who furnished materials worked to a special design according to the plans or specifications for the work under the Contract, but does not include one who merely furnishes material not so worked. "Notice" means written demand, instruction or order duly served. Written notice shall be deemed to have been duly served if delivered in person to the Contractor, or if delivered in person or sent by registered mail to the address given in the Contract and shall have been duly served upon the City if delivered to the City Clerk of the City of Wheat Ridge, Municipal Building, Wheat Ridge, Colorado, either in person or by registered mail. "Work" means performance of the Contractor or Subcontractor including labor and materials and all services incidental thereto. "Cost" means all charges and expenditures of every kind applicable to the accomplishment of the work. "Final Completion" means when all items are one hundred percent (100%) complete and when all known defective work has been corrected as certified by the City Representative. "Substantial Completion Date" is the date on which the City Representative certifies the readiness of the work for beneficial occupancy or use, and is the date for terminating liability for liquidated damages and for determining incentive payments due for early completion. 2. MATERIALS, SERVICES, AND FACILITIES: The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish and pay for all labor, superintendence, material, utilities, machinery, equipment, tools, transportation, facilities, temporary construction of every nature and all other services and facilities of every nature, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work, within the time stated, in accordance with the plans, drawings and specifications covered by the Contract, and any and all supplemental plans, drawings and specifications. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. The City will provide a staging area on City owned property. Any work necessary to be performed after regular working hours, on Saturdays, Sundays, or Legal Holidays, shall be performed without additional expense to the City. 3. CONTRACTOR'S TITLE TO MATERIALS: No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 4. OBSERVATION AND TESTING: All work performed and all workmanship, equipment and materials used in the construction shall be subject to Observation, examination and test, at any and all times during construction. 5. WEATHER CONDITIONS: In the event of temporary suspension of work, or during inclement weather or whenever the City shall direct, the Contractor will, and will cause his Subcontractors to, protect carefully his and their work and materials against damage or injury from weather. If, in the opinion of the City, any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors to so protect his work, such materials shall be removed and replaced at the expense of the Contractor. 6. EMERGENCY - PROTECTION OF LIFE AND PROPERTY: In case of an emergency which threatens loss of injury or property, and/or safety of life, the Contractor is hereby permitted to act at his own discretion and in a diligent manner without prior instructions from the City to prevent the ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 11 threatened loss or injury. He shall notify the City immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted in writing to the City for approval. The amount of any reimbursement claimed by the Contractor shall be determined in the manner provided in Article 9 of this Contract. 7. REPORTS, RECORDS, AND DATA: The Contractor shall submit to the City such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as may be requested concerning work performed or to be performed under this Contract. 8. SUPERINTENDENCE BY CONTRACTOR: At the site of the work, the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such Representative shall be acceptable to the City and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. All directions given to such Representative in the Contractor's absence shall be as binding as if given to the Contractor. 9. CHANGES IN THE WORK: The City may, at any time, by written order and without notice to the sureties, require the performance of extra work or make changes by altering, adding to, or deducting from the work. The amount of compensation to be paid to the Contractor shall be adjusted accordingly without invalidating the Contract and in accordance with whichever of the following plans the City elects: (1) a price agreed upon, (2) a price based on unit prices of the Contract; or (3) a price determined by adding fifteen percent (15%) to the reasonable cost of the extra work, addition, alteration, or deduction; provided however, that no additions to the Contract Price shall be agreed upon by, or shall be binding upon the City if the effect of said price increase is to increase the Contract amount beyond the amount of money appropriated by the City Council, as specified in Section 2-3 of the Code of Laws of the City of Wheat Ridge. In giving instructions, the City may authorize minor changes in the work, not involving extra cost and not inconsistent with the purpose of the project. Otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written approved Change Order or RFI response by the City. 10. TIME EXTENSIONS: The Contractor shall, within seven (7) days from the beginning of any delay, notify the City, in writing, of the causes thereof and the City shall ascertain the facts, the extent of the delay and notify the Contractor of the decision in the matter. The completion time shall be extended when delay in completion of the work by the Contractor is due to unforeseeable causes beyond his control and without his fault or negligence, including, but not restricted to, acts of God or the public enemy, acts or neglect of the City, acts of neglect of any other contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotions or freight embargoes. The time of completion of his work shall be extended by such time as shall be fixed by the City. No such extension of time shall be deemed a waiver by the City of its right to terminate the Contract for abandonment or delay by the Contractor as herein provided or relieve the Contractor from full responsibility for performance of his obligations hereunder. The City's liability for delay shall be limited pursuant to the provisions of Section 2-4 of the Code of Laws of the City of Wheat Ridge and shall be limited to granting a time extension to the Contractor. 11. DEFECTIVE WORK: The observation of the work by the City shall not relieve the Contractor of any of his obligations to fulfill his Contract as herein prescribed, and defective work shall be made good, and unsuitable materials may be rejected, notwithstanding that such work and material have been previously overlooked by City representative(s) and accepted or estimated for payment or paid for. If the work or any part thereof shall be found defective or at any time before the final acceptance of the whole work, or the final payment therefore, the Contractor shall forthwith make good such defect in a manner satisfactory to the City and if any material brought upon the ground for use in the work, or selected for the same, shall be condemned by the City as unsuitable, the Contractor shall forthwith remove such materials from the vicinity of the work and shall replace, at his own expense, damaged or unsuitable materials with the new materials of satisfactory quality. Neither the foregoing nor any provision of these Contract Documents, nor any special guarantee time limit, shall be held to limit the Contractor's liability for defects to less than the legal limit of liability in accordance with the law of the place of the construction. The Contractor shall pay the City all expenses, losses, and damages as determined by the City incurred in consequence of any defect, omission, or mistake of the Contractor or his employees or the making good thereof. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 12 12. UNEXPECTED UNDERGROUND STRUCTURES; CHANGE OF CONDITIONS: Should the Contractor encounter underground structures at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the City of such conditions before they are disturbed. The City will thereupon promptly investigate the conditions, and if it is determined that they materially differ from those shown on the Plans, may authorize changes to be made to the Plan and/or Specifications as may be necessary. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or relocated position as shown on the plans and that additional compensation will not be allowed except for any unreasonable delays, or damage sustained by him due to any interference from the said utility appurtenances. Unreasonable delays shall constitute delays caused by a complete shutdown of all operations. It is understood that utilities are not owned, operated or controlled or subject to control by the City of Wheat Ridge. Relocations of facilities owned by said utilities are not a matter over which the City has control. The Contractor shall adjust his schedule in anticipation of such delays so that work in other areas may be completed away from the area of utility conflict. The locations of all utilities shown on the Project plans should be considered approximate. It is therefore the responsibility of the Contractor to notify the appropriate utility and obtain more precise locations. No compensation will be made to the Contractor for any damage, delay or additional cost incurred as a result of failure to obtain utility locations. Information on the Plans in the Contract Documents referring to the existence of utilities or other underground structures is not guaranteed to be correct or to be a complete representation of all existing data. Every effort has been made, however, to make this information complete and accurate on the basis of all data and information which could be procured by the City. The Contractor shall make his own examination and shall draw his own conclusions as to the underground facilities which will be encountered, and he shall have no claim for damages of any kind on account of any errors, inaccuracies or omission that may be found. There shall be no adjustment in Contract Price based on changed site conditions. The Contractor is required hereby to make an on-site inspection and investigation, which includes determination of location of utilities and said and other natural conditions. Representations regarding site and soil conditions and utility locations are based on the best information available to the Owner and final determination as to both site and soil conditions and utility locations is left to the Contractor, without recourse to the City. The City shall allow reasonable and necessary access to the site to Contractor and his representatives to make such determination and site review. 13. CLAIMS FOR EXTRA COSTS: No claim for extra work or cost shall be allowed unless the same was done in pursuance of written order of the City, as provided for in Article 9, and the claim was presented prior to the issuance of the final payment. When work is performed under the "reasonable cost" method as outlined in Article 9 of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost, and when requested by the City, give the City access to accounts relating thereto. NO adjustments will be allowed for fuel cost of asphalt cement. 14. RIGHT OF CITY TO TERMINATE CONTRACT: If (1) the Contractor or any of his Subcontractors shall be adjudged bankrupt or (2) if he shall make a general assignment for the benefit of his creditors or (3) if a receiver shall be appointed of his property, or (4) if the work to be done under this Contract shall be abandoned, or (5) if this Contract or any part hereof shall be sublet, without the previous written consent of the City, or (6) if the Contract or any claim thereunder shall be assigned by the Contractor otherwise than as herein specified, or (7) at any time the City shall certify in writing that the rate of progress of the work or any part thereof is unsatisfactory or (8) that the work or any part thereof is unnecessarily or unreasonably delayed, or (9) that the Contractor, his subcontractors, agents or employees have violated any of the provisions of this Contract, or of the plans and specifications, or construction schedule, the City shall notify Contractor and the Surety, and shall be entitled immediately to terminate the Contract. The Surety shall have the right to take over and perform the Contract, provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the City may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor, and the Contractor and his Surety shall be liable to the City for any excess cost occasioned the City thereby, and in such event the City may take possession of and utilize in completing the work, such materials, machinery, appliances and plant as may be on the site of the work and necessary therefore. The Contractor, by signing this Contract, gives to the City in the event of default, right to use such aforesaid articles to the full extent which they could be used by the Contractor. The City shall not be liable to the Contractor for trespass or conversion. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 13 All expenses charged under this article shall be deducted and paid for by the City out of money then due to become due the Contractor under this Contract or any part thereof, and in such account the City shall not be held to obtain the lowest figures for the work of completing the Contract or any part thereof or for insuring its proper completion, but all sums actually paid hereafter shall be charged to the Contractor and his Surety. In case the expenses so charged are less than the sum which would have been payable under this Contract if the same had been completed by the Contractor, the City shall be entitled to retain the difference and in case such expenses shall exceed the said sum, the Contractor and his Surety shall pay the amount of the excess to the City upon completion of the work without further demand being made therefore. 15. CONSTRUCTION SCHEDULE: Before any work is begun, the Contractor shall provide to the City a written schedule detailing the order and manner of doing the work. Before the first partial payment is made, the Contractor shall deliver to the City an estimated construction progress schedule in form satisfactory to the City, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract. The Contractor shall provide an updated schedule at least every two weeks. 16. PAYMENTS TO THE CONTRACTOR: During the course of construction, the Contractor shall request payment of work actually performed during the preceding month. The City will once each month make a progress payment to the Contractor on the basis of an evaluation of the claim by the City as to amount of work done and that the City has received full value thereof. In accordance with House Bill 11-1115, the City shall retain five percent (5%) of the value of the completed work. Retainage shall be held until final completion and acceptance of all work, as part security for the fulfillment of the Contract by the Contractor. The amount of the progress payments shall be the balance not retained as aforesaid, after deducting all previous payments and all other sums to be kept or retained under the provisions of this Contract. The Contractor shall have no right to either terminate the Contract or to claim damages if he considers partial payments inadequate. 17. CERTIFICATE OF COMPLETION: Upon completion of all work whatsoever required including completion of all known defective work, the City shall file a written certificate with the Contractor as to the entire amount of work performed and compensation earned by the Contractor including Extra Work and compensation therefore, and including the date of completion. 18. FINAL PAYMENT: After the filing of the Certificate of Completion, the City shall pay to the Contractor in accordance with applicable Colorado laws (Article 38, Chapter 26, Section 101 Et. Seq. Colorado Revised Statutes) and C.R.S. 38-26-107 (2012), upon authorization of funds disbursement by the City Council the amount therein stated, less all prior payments and advances whatsoever, to or for the Account of the Contractor. All prior estimates and payments including those relating to extra work shall be subject to correction by this payment. 19. PAYMENT WITHHELD: The City, as a result of subsequent discovered evidence, may withhold or nullify the whole or a part of any payment to such extent as may be necessary to protect the City from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claim. (c) Failure of the Contractor to make payments properly to Subcontractor or for material or labor, or to comply with laws relative thereto. (d) A reasonable doubt that the Contract can be completed for the balance then unpaid. (e) Damage to another Contractor. (f) Damage to the real or personal property of another and failure to repair or replace the same. When the grounds for withholding payment have been corrected to the satisfaction of the City, the City shall proceed to process any amounts due. 20. FINAL PAYMENT TO TERMINATE LIABILITY OF CITY: The acceptance by the Contractor of the last payment made as aforesaid under the provisions of Article 19 shall operate as and shall be a release to the City, its officers, or agents from all claims and liability to the Contractor, his vendors, laborers or Subcontractors for anything done or furnished for, relating to, or for any act or neglect of the City or of any persons relating to, or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided in Article 17, 19 and 20 of these. Said acceptance shall also operate as a general release of the City by the Contractor. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 14 21. EFFECT OF CERTIFICATION AND PAYMENT: Neither the certification nor payment made to the Contractor, not partial or entire use or occupancy of the work by the City shall be an acceptance of any work or materials not in accordance with the Contract. The making and acceptance of the final payment shall constitute a bar of all claims by the Contractor, except those previously made in writing and still unsettled. 22. GENERAL WARRANTY: The Contractor shall guarantee the work against defective materials or workmanship for a period of one (1) year from the final completion date. Upon discovery of any defects including any damage to other work resulting, repair and replacement that is required, in the opinion of the City, shall be done immediately by the Contractor at the Contractor's expense. Should the Contractor fail to repair such defective material and/or workmanship, or to make replacement within five (5) days after written notice by the City, it is agreed that the City shall make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by the Contractor. 23. INSURANCE: The Contractor shall maintain general liability and property damage insurance (the “Liability Policy”) to protect the Contractor and the City from any and all claims for damages including but not limited to claims for property damage and bodily injury, including death, which may arise from operations under this Contract, including the operations of subcontractors. The Liability Policy shall state that it is the primary insurance for such claims and shall not contain any “excess” or “other insurance” clauses which limit its application as the primary coverage for those claims. The Contractor shall be individually liable for any and all defects in the Liability Policy. The Liability Policy shall not be terminated or cancelled prior to the completion of this Contract without at least 45 days prior written notice to the City. For bodily injury $500,000 each person/ $500,000 each accident/ $500,000 each disease For property damage $1,000,000 for each occurrence For automobile liability $1,000,000 combined single limit In lieu of the foregoing, a single limit public liability policy for personal injury, property and/or vehicle damage will be accepted in the amount of $2,000,000.00. Such insurance shall be without prejudice to coverage otherwise existing, and shall name as additional insured, the City of Wheat Ridge, its officers and employees. Notwithstanding the naming of additional insured, the said policy shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. A certificate evidencing such insurance, together with the proper endorsement, shall be filed, subject to approval as to the adequacy of protection. Fire and Standard Extended Coverage Insurance -- The Contractor shall insure the work for 100 percent (100%) of the replacement value thereof for the life of the Contract against all loss or damage covered by the Standard Extended Coverage Insurance endorsement, including theft, vandalism, and malicious mischief, with an insurance company or companies acceptable to the City. The amount of the insurance may vary with the extent of the work completed but shall at all times be at least equal to the replaceable value of the amount paid for the work and materials installed and delivered plus the replaceable value of the work or materials furnished or delivered, but not yet paid for by the City. The insurance policy or policies shall be held jointly in the name of the City and Contractor as their respective interest may appear. The issue, if any, shall be made adjustable with and payable to the City as a trustee for whom it may concern. Any payments made under such policy shall insure to the benefit of the City to the extent of balance for replacement of the loss suffered. The policy of insurance shall provide that it shall not be terminated or be canceled prior to the completion of this Contract. The Contractor shall be responsible for all damage to the work under construction, whether from fire, water, high winds or other cause during construction and until final completion and acceptance, even though partial payments or progress payments have been made under the Contract. Workers' Compensation Insurance -- The Contractor shall provide workers' compensation insurance coverage for all persons employed on the work to be done under the Contract and assure that all workers will receive the compensation for compensable injuries. Certificates of Insurance shall be attached to the executed Contract Documents and shall become a part of the Contract. These Certificates shall include a provision that thirty (30) days prior to insurance cancellation, written notice shall be given to the City of Wheat Ridge. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 15 Indemnification of City -- Contractor hereby indemnifies and agrees to hold the City and its representatives and agents harmless for and on account of any act or omission in the completion and execution of the project specified herein, which indemnification shall extend to and include any damage of whatever sort or description, suffered by any person or entity, and shall include compensatory, punitive or special damages; and Contractor agrees to defend City hereunder, at Contractor's sole expense and if he fails to do so, to thereafter indemnify City, in addition to the above indemnification, for all court costs and attorney fees incurred in any defense required to be undertaken by the City. Notwithstanding the foregoing, nothing contained herein shall be deemed a waiver by the City of any of the protections afforded the City by virtue of the provisions of the Colorado Governmental Immunity Act (Colo. Rev. Stat. 24-10-101). 24. RESPONSIBILITY FOR WORK; PRIORITY OF DOCUMENTS: a) Debts and claims: The Contractor shall pay all debts for labor and materials contracted for by him on account of the work herein contemplated. The Contractor shall assume the defense of, and indemnify and save harmless, the City and its officers and agents, from all claims relating to labor and materials furnished for the work; to infringement or alleged infringement of invention patents and patent rights used in, or in connection with the work or however originating from any of the work under this Contractor from conditions created thereby; to injuries to any persons or corporation caused by the acts or negligence of the Contractor or any of his agents or employees, or of any Subcontractor or any agents or employees of any Subcontractors, in doing the work or in consequence of any improper materials, implements or labor used therein; and shall fully reimburse and repay to the City all outlay and expense which the City may incur by reason of his failure to do so. The Contractor shall satisfy all suits and claims against the City arising from the violation of any law, ordinance, regulation, order, or decree on the part of the Contractor or any of his agents or employees, or any Subcontractor, or agent or employees of any Subcontractor; shall fully indemnify and save harmless the City against and from all cost, loss, and damage which the City may suffer by reason of his failure to do so; and shall fully reimburse and repay to the City all outlay and expense which the City may incur in making good any such default. The Contractor shall fully complete the work required to be done under this Contract, free from all liens and claims of any kind whatsoever. b) Plans and Specifications: It shall be the duty of the Contractor to carefully study and compare all drawings, specifications and instructions, visit the project site and acquaint himself with all conditions, and call to the attention of the City any discrepancy, error, omission or inconsistency that may exist in the plans or specifications, or between the plans and specifications, or any conflict between existing conditions and requirements of the plans and specifications. The execution or work in accordance with the plans, specifications or other instructions will be considered as evidence that the Contractor is thoroughly familiar with the true intent of the plans, specifications or other instructions. Change orders will not be issued to cover any cost, loss, or expense for additional labor or material required to rectify any discrepancies discovered or reported to the City after the execution of the work, unless the discrepancies are errors in structural, mechanical or electrical design as determined by the City. c) Priority of Documents: In case of discrepancy or inconsistency in the terms or conditions of any documents, the Contract Documents shall have the following order of priority such that a statement appearing in the document with the higher priority shall control any inconsistent statement in a document of lower priority. (The following are listed from the highest priority to the lowest priority): 1. The Agreement 2. Drawings and any notes appearing on the drawings 3. Project Special Provisions 4. Current edition of CDOT Standard Specifications for Road and Bridge Construction and all supplements thereto (English Version). 5. General Provisions of the Contract for construction. 25. CARE AND PROTECTION OF PROPERTY: The Contractor expressly undertakes expense: To assume full responsibility for the preservation of all public and private property, and use every precaution necessary to prevent damage thereto. If any direct or indirect damage is done to public or private property or on account of any act, omission, neglect or misconduct in the execution of the work on the part of the Contractor, such property shall be restored by the Contractor, at their expense, to a condition similar or equal to that existing before the damage was done, or the Contractor shall make good the damage in another manner acceptable to the City. No representations are made by or on behalf of the City concerning the conditions, locations or state of repair or existing sewers, drains, water mains and other underground structures; ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 16 To store any apparatus, materials, supplies, and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of any work by themselves or any other Contractor; To provide suitable storage facilities for all materials which are liable to injury or exposure to weather, theft, breakage, or otherwise; To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; To clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; To fully and completely remove all utility markings generated by or as a result of the project from public rights-of-way utilizing a method that is least destructive to the existing improvements, and which method has been approved by the City. Should the contractor propose to remove the markings with pressure washing, all pressure washing runoff and residue shall be contained and collected in accordance with Best Management Practices and Wheat Ridge Ordinance Chapter 20, Stormwater Quality and Control. Removal of all markings shall occur no later than twenty (20) days after completion of work. To remove all surplus material, false-work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition before final payment; To affect all cutting, fitting or patching of his work required to make the same to conform to the Plans and Specifications and, except with the consent of the City, not to cut or otherwise alter the work of any other Contractor. The Contractor shall not, except after written consent from proper parties enter or occupy with individuals, tools, materials or equipment, any privately owned land except on easements provided herein. 26. LANDS FOR WORK AND RIGHT-OF-WAY: The City will provide land, right-of-way and easements for all work specified in the Contract. 27. NO DAMAGES FOR CERTAIN DELAYS: The City may delay the commencement of the work, or any part thereof, if the City shall deem it for the best interest of the City to do so. The Contractor shall have no claim for damages on account of such delay, but he shall be entitled to so much additional time in which to complete the whole or any portion of the work required under this Contract as the City shall certify in writing to be just. The Contractor shall have no claim for damages on account of any delay on the part of another Contractor. Contractor expressly acknowledges and accepts the provisions of Section 2-4 of the Code of Laws of the City of Wheat Ridge as controlling this Project. 28. REQUIRED PROVISIONS DEEMED INSERTED: Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted, then upon the applications of either party, the Contract shall forthwith be physically amended to make such insertion. 29. PROTECTION OF LIVES AND HEALTH: The Contractor shall take all necessary precautions for the safety of employees of the work, and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. He shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workmen and the public and shall post danger signs warning against the hazards created by the construction such as protruding nails, hod hoists, well holes, elevator hatchways, scaffolding, window openings, stairways, and failing materials. The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL-19-54). 30. WAGE RATES: The attention of the bidder is called to the requirements and provisions of all applicable laws and any amendments thereof or additions thereto as to the employment of labor, and to the schedule of any minimum wage rates established in compliance with such laws. If, after the award of the Contract, it becomes necessary to employ any person in a trade or occupation not classified in the wage determinations, such person shall be paid at not less than such rate as shall be determined by the officials administering the laws mentioned above. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 17 The Contract is subject to the applicable provisions of the Contract Work Hours Standards Act. Public Law 87-581, 87th Congress. No Contractor or Subcontractor contracting for any part of the contract work shall require or permit any laborer or mechanic to be employed on such work in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in any work week unless such laborer or mechanic received compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in such work week, as the case may be. 31. EMPLOYMENT OF LABOR: The Contractor and each Subcontractor shall hire qualified workers for the project who are citizens of the United States or legal resident aliens with first preference being given, insofar as practicable, to those having served in the armed forces of the United States and having been honorably discharged or released from active duty therein. The Contractor shall employ only competent persons to do the work, and whenever requested in writing by the City Representative, the Contractor shall discharge any person who commits trespass or is, in the opinion of the City Representative, disorderly, dangerous, unfaithful, insubordinate, incompetent or otherwise unsatisfactory. 32. SANITARY PRECAUTIONS: Sanitary conveniences for the use of all persons employed on the work, properly screened from public observation, shall be provided in sufficient numbers in such manner and at such points as shall be approved. The contents shall be removed and disposed of in a satisfactory manner as the occasion requires. The Contractor shall rigorously prohibit the committal of nuisances within, on, or about the work. Any employees found violating these provisions shall be discharged and not again employed on the work without the written consent of the City Representative. The Contractor shall supply sufficient drinking water from approved sources to all employees. The sanitary convenience specified above shall be the obligation and responsibility of the General Contractor until the completion of the work. The facilities shall be made available to all other Contractors and Subcontractors. 33. SALES AND USE TAXES: Do not include sales or use taxes in your bid. House Bill 1451 provides that Contractors shall make application with the Colorado State Department of Revenue for a tax exempt number which will be issued for the duration of the project. This tax exempt number is for State taxes only. The City of Wheat Ridge will issue its own tax exempt number for local sales tax purposes. An affidavit must be signed by the General Contractor for such project before the City tax exempt number can be issued. Please be advised that a supplier is allowed by Colorado law (C.R.S. 39-26-703 (1) to disallow any exemption because the seller is ultimately responsible for the tax. When a supplier exercises this right, please seek a refund of sales taxes paid from the appropriate jurisdiction (city or state). 35. BUSINESS LICENSE: A business license is required for all Contractors performing work in the City prior to beginning work. Please contact the City Sales Tax Division to obtain a license. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 18 CITY OF WHEAT RIDGE ITB-23-0121-WRRC PAVING SAMPLE AGREEMENT THIS AGREEMENT, made this day of 2023 by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and , doing business as an individual, whose business address is , hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows: 1. The Contractor agrees to furnish all materials, supplies, tools, equipment, labor and other services necessary to complete the construction of the Project titled, ITB-2023-WRRC PAVING, WHEATRIDGE RECREATION CENTER PAVING PROJECT, in accordance with the Contract Bid Documents. 2. The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with the terms therein for the Total Contract amount of Dollars ($ ) which includes any alternates. 3. The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14) calendar days after the date of the Notice to Proceed and to complete the same within 45 working days after the date of the Notice to Proceed unless the time for completion is extended otherwise by written changes to the Contract Bid Documents. 4. The term "CONTRACT BID DOCUMENTS" means and includes the following: A. Advertisement for Bid B. Information for Bidders C. General Provisions D. Bidder Acknowledgement Form E. Contractor Qualification Form F. List of Subcontractors and Amount G. Non-Discrimination Assurance Form H. Illegal Alien Compliance Form I. Non-Collusion Affidavit J. Keep Jobs in Colorado Form K. Proposal Form L. Pricing Schedule M. Bid Bond Form N. Agreement O. Payment Bond P. Performance Bond Q. Notice to Proceed R. Final Receipt S. Project Specifications T. Addenda U. Drawings/Exhibits 5. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, such amounts as required by the Contract Documents. 6. Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a) Fiscal year. Fiscal year for the City shall commence on January 1 and end on December 31. (b) Budget contains appropriations. The City Council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge. Upon the annual adoption by the City Council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposes specified therein. During the course of each fiscal year, approval by the City Council of contracts for goods or services, and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein. (c) No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the City shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the City which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the City and no City monies from any source whatsoever shall be paid thereon. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 19 (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the City Council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the City. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the City; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e) Notice to parties contracting with the City. All persons contracting with, or selling goods or services to, the City are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the City wherein City funds are used to pay for said contract. 7. Section 2-4 of the City Code of Laws is presented below: (a) The City may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the City or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. (b) The City Council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. 8. Any notice or communication given pursuant to this Agreement to the City shall be made in writing: City Contact: Contractor Contact: Name: Name: Address: Address: E-mail: Fax: Phone: Phone: Fax: Fax: 9. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. 10. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. 11. To the extent that the agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable. Should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 20 12. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE STEVE KIRKPATRICK, CITY CLERK WHEAT RIDGE, C0 80033 303-234-5900 DATE BUD STARKER, MAYOR (Seal) APPROVED AS TO FORM: CONTRACTOR GERALD DAHL, CITY ATTORNEY COMPANY NAME ADDRESS ATTEST TO CONTRACTOR: AUTHORIZED SIGNATURE PRINT NAME NAME TITLE TITLE DATE DATE ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 21 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of ____, 2023, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-2023-WRRC PAVING, WHEATRIDGE RECREATION CENTER PAVING PROJECT. NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said WORK, and for all labor performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. *Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 22 IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2023 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 23 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of , 2023, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-2023-WRRC PAVING, WHEATRIDGE RECREATION CENTER PAVING PROJECT. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 24 IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2023 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 25 NOTICE TO PROCEED TO: FROM: CITY OF WHEAT RIDGE, CO RE: ITB-23-0121-WRRC PAVING, WHEAT RIDGE RECREATION CENTER PAVING PROJECT You are hereby notified to commence Work in accordance with the Agreement dated , 2023, on or before , 2023, and you are to complete the work within 45 working days. The date of completion of all work is , 2023. Dated this day of 2023. By: Title: Director of Public Works * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RECEIPT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by on this of , 2023. Printed Name Signature Title ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 26 FINAL RECEIPT DATE: TO: (Contractor) (Address) FROM: CITY OF WHEAT RIDGE, CO RE: ITB-23-0121-WRRC PAVING, WHEAT RIDGE RECREATION CENTER PAVING PROJECT Received this date, of the Owner, as full and final payment of the cost of the improvements provided for in the Project Contract Documents, the amount of $ in cash, being the remainder of the full amount accruing to the undersigned by virtue of said contract. Said cash also covers and includes full payment for the cost of all extra work and material furnished by the undersigned in the construction of said improvements, and all incidentals thereto. The undersigned hereby releases said Owner from all claims whatsoever which may develop from said contract. These presents are to certify that all persons doing work upon or furnishing materials for said improvements under the foregoing contract have been paid in full. Printed Name Signature Title Date ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 27 Revised 3/2023 CDOT STANDARD SPECIFICATIONS All work required for the project shall be in accordance with the latest edition of the COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), Standard Specifications for Road and Bridge Construction, 2023 Edition, unless modified by these Specifications. November 1, 2022 REVISION OF SECTIONS 101 AND 106 BUY AMERICA REQUIREMENTS Sections 101 and 106 of the Standard Specifications shall include the following: Add the following to Subsection 101.02: Construction Material: Includes an article, material, or supply — other than an item of primarily iron or steel — that is or consists primarily of non-ferrous metals; plastic and polymer-based products (including polyvinyl chloride [PVC], composite building materials, and polymers used in fiber optic cables); glass; lumber; or drywall. Domestic Content Procurement Preference: A phrase meaning that all iron and steel used in the project is produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. Infrastructure: Includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. Section 106 of the Standard Specifications is hereby revised as follows: 106.11 Buy America Requirements, delete and replace with the following: (a) Steel and Iron. All manufacturing processes, including the application of a coating, for all steel and iron products permanently incorporated in the work shall have occurred in the United States of America. All manufacturing processes include the processes that change the raw ore or scrap metal into a finished steel or iron product. This requirement will not prevent a minimal use of foreign steel or iron, provided the total cost, including delivery to the project, of all such steel and iron products does not exceed one-tenth of one percent of the total contract cost or $2,500, whichever is greater. When there is foreign steel or iron permanently incorporated into the project, the Contractor shall provide documentation of the project delivered cost of that foreign steel or iron. The Contractor shall maintain on file Buy America certifications that every process from either the original smelting or melting operation, including the application of a coating, performed on steel or iron products either has or has not been carried out in the United States of America. These Buy America certifications apply to every steel and iron product that requires pre- inspection, pretesting, certified test results, or a certificate of compliance. Shipping invoices, bar lists, and mill test reports shall accompany the Buy America certifications. The Contractor shall obtain a Buy America certification from each supplier, distributor, fabricator, and manufacturer that has handled each steel or iron product. These Buy America certifications shall create a chain of custody trail for every supplier, distributor, fabricator, and manufacturer that handled the steel or iron product and shall include certified mill test reports with heat numbers from either the original smelting or melting operation. Upon request, the Contractor shall allow the State, FHWA, and their representatives access to the Buy America certifications including supporting documentation. When the Contractor does not provide the Buy America certifications at the Engineer’s request, the Engineer will reject the steel or iron product. Before the permanent incorporation into the project and before payment for steel or iron products, the Contractor shall provide an assurance document. The assurance document shall certify in writing that the steel or iron products comply with Buy America requirements; the Buy America certifications and supporting documentation are on file; and when requested, the Contractor has submitted the required documentation to CDOT. The Contractor shall also maintain an assurance document that summarizes the date and quantity of all steel and iron material delivered to the project. This assurance document shall include the pay item, quantity of material delivered to the project, mill test reports with heat numbers, and the quantity of material installed by the monthly progress payment cutoff date. The assurance document shall reconcile the pay item quantities and certified mill test reports, for the material delivered to the project to the Buy America certifications and supporting documentation. The assurance documentation shall include the cost of all foreign steel or iron delivered and permanently incorporated into the project. The Contractor shall also submit a summary for each month that no ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 28 steel or iron products are incorporated into or delivered to the project. The Contractor shall submit the assurance documentation to the Engineer by the monthly progress payment cutoff date. The assurance documentation does not relieve the Contractor of providing the necessary Buy America certifications and supporting documentation for steel or iron products. (b) Manufactured Products. Regulations require the use of domestic steel and iron in Federally funded construction projects. Buy America applies to construction components which are “predominantly steel or iron products,” defined by CDOT as products which are manufactured with at least 90% steel or iron content by weight when delivered to the job site for installation. FHWA provides waivers for manufactured products and products that are not predominantly steel or iron. The FHWA's 1983 final Buy America regulations (see https://www.fhwa.dot.gov/programadmin/contracts/112583.cfm) waive the application of Buy America to manufactured products that do not include steel and iron components. However, Buy America applies to the steel wire mesh or steel reinforcing components of manufactured products (i.e. precast reinforced concrete elements). (c) Glass Beads for Pavement Marking. All post-consumer and industrial glass beads for pavement marking shall have been manufactured from North American glass waste streams in the United States of America. The bead manufacturer shall submit a COC in accordance with subsection 106.12 confirming that North American glass waste streams were used in the manufacture of the glass beads. (d) Construction Materials. All manufacturing processes for eligible construction materials permanently incorporated into the work shall have been manufactured in the United States of America. All manufacturing processes for construction materials consist of at least the final manufacturing process and the immediately preceding manufacturing stage for the construction material. Buy America requirements shall apply to the following eligible construction materials: 1. Non-ferrous metals; 2. Plastic and polymer-based products (including, but not limited to polyvinylchloride [PVC]); 3. Glass; 4. Lumber; or 5. Drywall Note 1: Raw materials such as cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives are excluded from Buy America requirements. Items that consist of two or more of the listed materials that have been combined together through a manufacturing process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process, should be treated as manufactured products, rather than as construction materials. Before the permanent incorporation into the project for all eligible construction materials, the Contractor shall obtain a certification from each supplier. This certification must identify where the construction material was manufactured and attest specifically to Buy America compliance. The Contractor shall maintain and submit on a monthly basis, CDOT Form #1600, Contractor’s Certificate of Compliance summarizing the Item Description, CDOT Bid Item #, Manufacturer Name Identifier, Date and Quantity Received, Date and Quantity Installed, and Bid Item Unit of all eligible construction materials. The COC does not relieve the Contractor of providing the necessary Buy America supplier certifications prior to permanent incorporation into the project. Upon request, the Contractor shall allow the State, FHWA, and their representatives access to the Buy America certifications. The lack of these certifications will be justification for rejection of the construction material. (e) Waivers. The Federal Highway Administration is responsible for processing and approving all waivers, including waivers requested by recipients and on behalf of subrecipients. More information on Buy America waivers can be found in Section 5.2 of the Field Materials Manual Special Notice to Contractors. If a Contractor desires to pursue a waiver they shall notify the CDOT Project Engineer in writing who will then submit it to the CDOT Materials & Geotechnical Services Unit, Pavement Design and Documentation Services Program. The Pavement Design and Documentation Services Program will review it and forward it to the FHWA Division Office for consideration. A Contractor’s decision to pursue any waivers on the project shall not waive or otherwise nullify any provisions of the Contract. In addition, the time to obtain a waiver shall be considered a non-excusable, non-compensable ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 29 delay and Liquidated Damages (per Subsection 108.09) will be enforced should the Contract Time (original or as-amended) expire due to the approval or non-approval of a waiver. The Contractor will not be entitled to an extension of contract time due to the approval or non-approval of a waiver and no such claim will be considered. October 1, 2022 REVISION OF SECTION 103 COLORADO RESIDENT BID PREFERENCE Section 103 of the Standard Specifications is hereby revised for this project as follows: Subsection 103.01 shall include the following: (a) Colorado Resident Bid Preference. A resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. Resident bidder means: (1) A person, partnership, corporation, or joint venture which is authorized to transact business in Colorado and which maintains its principal place of business in Colorado: or, (2) A person, partnership, corporation, or joint venture which is authorized to transact business in Colorado, which maintains a place of business in Colorado, and which has paid Colorado unemployment compensation taxes in at least seventy-five percent of the eight quarters immediately prior to bidding on a construction contract for a public project. To determine the resident bid preference status of a bidder, the bidder shall submit a completed Form 604 with the proposal. Failure to submit the residency Form with the proposal will be justification for and may result in the rejection of the proposal and forfeiture of the proposal guaranty. The proposals will be treated as follows: (1) All proposals will be checked for accuracy by the Department. (2) The dollar amount of the checked proposal from nonresident bidders will be adjusted by a percentage equal to the percentage preference given or required by the state or foreign country of the bidder’s residency. If the state or foreign country does not give or require a residency preference, no adjustment in the proposal dollar amount will be made. (3) Adjusted proposals from nonresident bidders will then be compared to proposals from resident bidders, and the bidder with the lowest total will be considered the apparent low bidder. (4) Should a nonresident bidder be the apparent low bidder, in accordance with paragraph (3) above, an award will be made on the basis of the original proposal, not the adjusted proposal. (5) The Department will proceed with its normal award procedure. October 1, 2021 REVISION OF SECTION 105 CONSTRUCTION DRAWINGS Section 105 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 105.02(f). October 1, 2022 REVISION OF SECTION 105 CONTROL OF WORK Revise Section 105 of the Standard Specifications as follows: Revise Paragraphs 4, 5 and 6 of Subsection 105.20 as follows: If damage occurs to an existing structure through improper maintenance per 105.19, the Contractor shall submit a repair procedure to the Engineer to repair the defect(s). ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 30 The repair categories and requirements are defined as follows: a) “In-kind” repairs. In-kind repairs are repairs where the As-Built or Advertised plans are utilized to replace or repair damaged components with identical dimensions and materials used plans and where no plan modifications are made. In-kind repair procedures shall be reviewed and accepted by the Engineer before any repair. The use of approved repair grouts or doweled reinforcing with epoxy adhesive is permitted in in-kind repairs. Doweled reinforcing shall meet or exceed the strength requirements of the original design. b) “Modified repairs”. Modified repairs are those which deviate in dimensions and/or materials from the As-Built or Advertised plans or where plans are not available. Modified repair procedure submittals shall include calculations, independent design calculations, shop drawings, and/or working drawings per 105.02, and any other applicable section of the specifications for the needed repair. The Contractor’s Engineer shall electronically seal Modified repair submittals. Damage to new structures or modified structures, shall be repaired per the contract documents. The Engineer of Record shall be notified and review all corresponding submittals before any repairs. October 1, 2022 REVISION OF SECTION 106 BUY AMERICA REQUIREMENTS NON-FEDERAL AID HIGHWAY (FHWA) Section 106 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 106.11(a) and replace it with the following: (a) Federal Buy America requirements for iron and steel do not apply to this project. October 1, 2022 REVISION OF SECTION 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) Section 106 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 106.05 and replace with the following: 106.05 Sampling and Testing of Hot Mix Asphalt. All hot mix asphalt, Item 403, except Hot Mix Asphalt (Patching) and temporary pavement shall be tested in accordance with the following program of process control testing and acceptance testing: The Contract will specify whether process control testing by the Contractor is mandatory or voluntary. (a) Process Control Testing. 1. Mandatory Process Control. When process control testing is mandatory the Contractor shall be responsible for process control testing on all elements and at the frequency listed in Table 106-1. Process control testing shall be performed at the expense of the Contractor. After completion of compaction, in-place density tests for process control shall be taken at the frequency shown in Table 106-1. The results shall be reported in writing to the Engineer on a daily basis. Daily plots of the test results with tonnage represented shall be made on a chart convenient for viewing by the Engineer. All of the testing equipment used for in-place density testing shall conform to the requirements of acceptance testing standards, except nuclear testing devices need not be calibrated on the Department’s calibration blocks. For elements other than in-place density, results from process control tests need not be plotted, or routinely reported to the Engineer. This does not relieve the Contractor from the responsibility of performing such testing along with appropriate plant monitoring as necessary to assure that produced material conforms to the applicable specifications. Process control test data shall be made available to the Engineer upon request. 2. Voluntary Process Control. The Contractor may conduct process control testing. Process control testing is not required, but is recommended on the elements and at the frequency listed in Table 106-1. All of the testing equipment used for in-place density testing shall conform to the requirements of acceptance testing standards, except nuclear testing devices need not be calibrated on the Department’s calibration blocks. (b) Acceptance Testing. Acceptance testing is the responsibility of the Department. For acceptance testing the Department will determine the locations where samples or measurements are to be taken and as designated in ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 31 Section 403. The maximum quantity of material represented by each test result, the elements, the frequency of testing and the minimum number of test results will be in accordance with Table 106-1. The location or time of sampling will be based on the stratified random procedure as described in CP 75. Acceptance sampling and testing procedures will be in accordance with the Schedule for Minimum Materials Sampling, Testing and Inspection in the Department’s Field Materials Manual. Samples for project acceptance testing shall be taken by the Contractor in accordance with the designated method. The samples shall be taken in the presence of the Engineer. Where appropriate, the Contractor shall reduce each sample to the size designated by the Engineer. The Contractor may retain a split of each sample which cannot be included as part of the Contractor’s process control testing. Dispute of the acceptance test results in accordance with CP-17 will not be allowed unless a provision for check testing has been included in the Contract and it has been successfully completed. All materials being used are subject to inspection and testing at any time prior to or during incorporation into the work. Table 106-1 SCHEDULE FOR MINIMUM SAMPLING AND TESTING FOR HMA Element Process Control Acceptance (1) Asphalt Content 1/500 tons 1/1000 tons Theoretical Maximum Specific Gravity 1/1000 tons, minimum 1/day 1/1000 tons, minimum 1/day Gradation (2) 1/Day 1/2000 tons In-Place Density 1/500 tons 1/500 tons Joint Density 1 core/2500 linear feet of joint 1 core /5000 linear feet of joint Aggregate Percent Moisture (3) 1/2000 tons or 1/Day if less than 2000 tons 1/2000 tons Percent Lime (3) (4) 1/Day Not applicable Notes: (1) The minimum number of in-place density tests for acceptance will be 5. (2) Process control tests for gradation are not required if less than 250 tons are placed in a day. The minimum number of process control tests for gradation shall be one test for each 1000 tons or fraction thereof. (3) Not to be used for incentive/disincentive pay. Test according to CP-33 and report results from Form 106 or Form 565 on Form 6. (4) Verified per Contractor’s PC Plan. (c) Reference Conditions. Three reference conditions can exist determined by the Moving Quality Level (MQL). The MQL will be calculated in accordance with the procedure in CP 71 for Determining Quality Level (QL). The MQL will be calculated using only acceptance tests. The MQL will be calculated on tests 1 through 3, then tests 1 through 4, then tests 1 through 5, then thereafter on the last five consecutive test results. The MQL will not be used to determine pay factors. The three reference conditions and actions that will be taken are described as follows: 1. Condition green will exist for an element when an MQL of 90 or greater is reached, or maintained, and the past five consecutive test results are within the specification limits. 2. Condition yellow will exist for all elements at the beginning of production or when a new process is established because of changes in materials or the job-mix formula, following an extended suspension of work, or when the MQL is less than 90 and equal to or greater than 65. Once an element is at condition green, if the MQL falls below 90 or a test result falls outside the specification limits, the condition will revert to yellow or red as appropriate. 3. Condition red will exist for any element when the MQL is less than 65. The Contractor shall be notified immediately in writing and the process control sampling and testing frequency increased to a minimum rate of 1/250 tons for that element. The process control sampling and testing frequency shall remain at 1/250 tons ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 32 until the process control QL reaches or exceeds 78. If the QL for the next five process control tests is below 65, production will be suspended. If gradation is the element with MQL less than 65, the Department will test one randomly selected sample in the first 1250 tons produced in condition red. If this test result is outside the tolerance limits, production will be suspended. (This test result will not be included as an acceptance test.) After condition red exists, a new MQL will be started. Acceptance testing will stay at the frequency shown in Table 106-1. After three acceptance tests, if the MQL is less than 65, production will be suspended. Production will remain suspended until the source of the problem is identified and corrected. Each time production is suspended, corrective actions shall be proposed in writing by the Contractor and approved in writing by the Engineer before production may resume. Upon resuming production, the process control sampling and testing frequency for the elements causing the condition red shall remain at 1/250 tons. If the QL for the next five process control tests is below 65, production will be suspended again. If gradation is the element with MQL less than 65, the Department will test one randomly selected sample in the first 1250 tons produced in condition red. If this test result is outside the tolerance limits, production will be suspended. October 1, 2022 REVISION OF SECTION 106 COUNTRY OF ORIGIN Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.11 shall include the following: (c) United States of America and Foreign Item Reporting. The Contractor shall make a good faith effort to provide a list of the five costliest items incorporated into the project that consist of 50 percent or more steel or iron when delivered to the construction site. This list shall include the item name, the cost, and the country of origin of the item. The following shall be used to establish the country of origin of the item: (1) If the item is completely iron or steel, it will be considered to have been manufactured in the United States if all of the manufacturing processes for the final product took place in the United States. (2) If the product is only partially made of steel or iron, it shall be considered to have been manufactured in the United States if all of the manufacturing processes for the final product took place in the United States, irrespective of the country of origin of the item’s subcomponents. The list of items shall be submitted within 15 days of the final acceptance date. October 1, 2022 REVISION OF SECTION 107 WATER QUALITY CONTROL (Under One Acre of Disturbance) Section 107.25 of the Standard Specifications is hereby deleted and replaced as follows: 107.25 Water Quality Control. The project work shall be performed using practices (including but not limited to those listed below) that minimize the pollution of any State waters, including wetlands. (a) Definitions. (1) Areas of Disturbance (AD). Locations where any activity has altered the existing soil cover or topography, including vegetative and non-vegetative activities during construction. (2) Construction Site Boundary/Limits of Construction (LOC). The project area defined by the Environmental Clearance document. (3) Discharge of Pollutants. One or more pollutants leaving the Limits of Construction (LOC) or entering State waters or other conveyances. (4) Limits of Disturbed Area (LDA). Proposed limits of ground disturbance as shown on the Plans. (5) Pollutant. Dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal, or agricultural waste, as defined in the Colorado Code of Regulations (CCR) [5 CCR 1002-61, 2(76)] ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 33 (6) Pollution. Man‑made, man‑induced, or natural alteration of the physical, chemical, biological, and radiological integrity of water. [25‑8‑103 (16), CRS] (7) State waters. Defined in Section 101. (b) Construction Requirements The Contractor shall comply with the “Colorado Water Quality Control Act” (Title 25, article 8, CRS), the “Protection of Fishing Streams” (Title 33, Article 5, CRS), the “Clean Water Act” (33 USC 1344), regulations promulgated, certifications or permits issued, and to the requirements listed below. In the event of conflicts between these requirements and water quality control laws, rules, or regulations of other Federal, or State agencies, the more restrictive laws, rules, or regulations shall apply. If the Contractor determines construction of the project will result in a change to the activities or LDA, the Contractor shall detail the changes in a written report to the Engineer. Upon receipt of the report, the Engineer will coordinate with the Region Planning and Environmental Manager (RPEM) regarding the change. The Engineer, within five days after receipt of the report, will approve or reject in writing the request for change. If approved, the Engineer will detail a course of action including revision of existing permits or obtaining new permits. If construction activities result in noncompliance of any permit requirement, the project will be suspended and the permitting agency notified, if required. The project will remain suspended until the Engineer receives written approval by the permitting agency. The Contractor is legally required to obtain all permits associated with project specific water quality activities within, or off the Right of Way, such as borrow pits, concrete or asphalt plant sites, waste disposal sites, or other facilities. It is the Contractor’s responsibility to obtain these permits. The Contractor shall consult with the Engineer, and contact the Colorado Department of Public Health and Environment (CDPHE) or other appropriate federal, state, or local agency to determine the need for any permit. The Contractor shall conduct the work in a manner that prevents pollution of any adjacent State waters, as defined in section 101. Erosion control work shall be performed in accordance with Section 208, this subsection, and all other applicable parts of the Contract. Prior to construction, the Stormwater Management Plan (SWMP) Administrator, identified in Section 208, shall identify and describe all potential pollutant sources, including materials and activities, and evaluate them for the potential to contribute pollutants to stormwater discharges associated with construction activities. The list of potential pollutants shall be continuously updated during construction. At a minimum, each of the following shall be evaluated for the potential for contributing pollutants to stormwater discharges and identified in the SWMP, as described in Section 208: (1) All exposed and stored soils. (2) Vehicle tracking of sediments. (3) Management of contaminated soils. (4) Vehicle and equipment maintenance and fueling. (5) Outdoor storage activities (building materials, fertilizers, chemicals, etc.). (6) Significant dust or particle generating processes. (7) Routine maintenance involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc. (8) On-site waste management practices (waste piles, dumpsters, etc.). (9) Dedicated asphalt and concrete batch plants. (10) Concrete truck and equipment washing, including the concrete truck chute and associated fixtures and equipment. (11) Concrete placement and finishing tool cleaning. (12) Non-industrial waste sources that may be significant, such as worker trash and portable toilets. (13) Loading and unloading operations. (14) Other areas or procedures where spills could occur. The SWMP Administrator shall record the location of potential pollutants on the site map, if applicable. Descriptions of the potential pollutants shall be added to the SWMP. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 34 Prior to construction the Contractor shall submit a Spill Response Plan for any petroleum products, chemicals, solvents, or other hazardous materials in use, or in storage, at the work site. See Section 208 for Spill Response Plan requirements. Work shall not be started until the plan has been submitted to and approved by the Engineer. On site above ground bulk storage containers with a cumulative storage shell capacity greater than 1,320 U.S. gallons, or storage containers having a “reasonable expectation of an oil discharge” to State waters, are subject to the Spill Prevention, Control and Countermeasure Plan (SPCC) Rule. Oil of any type and in any form is covered, including, but not limited to: petroleum; fuel oil; sludge; oil refuse; oil mixed with wastes other than dredged spoil. EPA Region 8 is responsible for administering and enforcing the SPCC plan requirements in Colorado. Prior to start of work, the Contractor shall submit a SPCC Form, if applicable, which has been approved by the EPA for the project. The Contractor shall obtain a Construction Dewatering (CDW) permit from CDPHE anytime uncontaminated groundwater, including groundwater that is commingled with stormwater or surface water, is encountered during construction activities and the groundwater or commingled water needs to be discharged to State waters. If contaminated groundwater is encountered, a Remediation permit may be needed from CDPHE in accordance with Section 250. Water from dewatering operations shall not be directly discharged into any State waters, unless allowed by a permit. Water from dewatering shall not be discharged into a ditch unless: 1. Written permission is obtained from the owner of the ditch. 2. It is covered in the approved CDW or Remediation Permit that allows the discharge. 3. A copy of this approval is submitted to the Engineer. A copy of the Permit shall be submitted to the Engineer prior to dewatering operations commencing. Construction Dewatering may be discharged to the ground on projects where CDPHE’s Low Risk Guidance Document for Discharges of Uncontaminated Groundwater to Land are met. The conditions of this guidance are: 1. The source of the discharge is solely uncontaminated groundwater or uncontaminated groundwater combined with stormwater and does not contain pollutants in concentrations that exceed water quality standards for groundwater referenced above. 2. Discharges from vaults or similar structures shall not be contaminated. Potential sources of contamination include process materials used, stored, or conveyed in the structures, or introduced surface water runoff from outside environments that may contain oil, grease, and corrosives. 3. The groundwater discharge does not leave the project boundary limits where construction is occurring. 4. Land application is conducted at a rate and location that does not allow for any runoff into State waters or other drainage conveyance systems, including but not limited to streets, curb and gutter, inlets, borrow ditches, open channels, etc. 5. Land application is conducted at a rate that does not allow for any ponding of the groundwater on the surface, unless the ponding is a result of implementing control measures that are designed to reduce velocity flow. If the control measures used result in ponding, the land application shall be done in an area with a constructed containment, such as an excavation or berm area with no outfall. The constructed containment shall prevent the discharge of the ponding water offsite as runoff. 6. A visible sheen is not evident in the discharge. 7. Control measures are implemented to prevent any sediment deposited during land application from being transported by stormwater runoff to surface waters or other conveyances. 8. All control measures used shall be selected, installed, implemented, and maintained according to good engineering, hydrologic, and pollution control practices. The selected control measures shall provide control for all potential pollutant sources associated with the discharge of uncontaminated groundwater to land. The discharge shall be routed in such a way that it will not cause erosion to land surface. Energy dissipation devices designed to protect downstream areas from erosion by reducing the velocity of flow (such as hose attachments, sediment and erosion controls) shall be used when necessary to prevent erosion. All dewatering operations shall be recorded in the SWMP as follows: 1. The source is identified in the SWMP and updated by the Contractor. 2. The SWMP describes and locates the practices implemented at the site to control stormwater pollution from the dewatering of groundwater or stormwater. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 35 3. The SWMP describes and locates the practices to be used that will ensure that no groundwater from construction dewatering is discharged from the LOC as surface runoff or to surface waters or storm sewers. 4. Groundwater and groundwater combined with stormwater do not contain pollutants in concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42. If surface waters are diverted around a construction area and no pollutants are introduced during the diversion, a CDW Permit is not required. If the diverted water enters the construction area and contacts pollutant sources (e.g. disturbed soil, concrete washout, etc.), the Contractor shall obtain a CDW permit for the discharge of this water to State waters or to the ground. At least 15 days prior to commencing dredging or fill operations in a watercourse, the Contractor shall provide written notification to owners or operators of domestic or public water supply intakes or diversion facilities, if these facilities are within 20 miles downstream from the dredging or fill operations. Notification shall also be given to Owners or operators of other intakes or diversions that are located within five miles downstream from the site of the project. Identities of downstream owners and operators can be obtained from Colorado Division of Water Resources, Office of the State Engineer. Temporary fill into wetlands or streams shall not be allowed, except as specified in the Contract and permits. If such work is allowed, upon completion of the work all temporary fills shall be removed in their entirety and disposed of in an upland location outside of flood plains unless otherwise specified in the Contract. Construction operations in waters of the United States as defined in 33 CFR Part 328.3, including wetlands, shall be restricted to areas and activities authorized by the U.S. Army Corps of Engineers as shown in the Contract. Fording waters shall be allowed only as authorized by the U.S. Army Corps of Engineers 404 Permit. Wetland areas outside of the permitted limits of disturbance shall not be used for storage, parking, waste disposal, access, borrow material, or any other construction support activity. Pollutant byproducts of highway construction, such as concrete, asphalt, solids, sludges, pollutants removed in the course of treatment of wastewater, excavation or excess fill material, and material from sediment traps shall be handled, stockpiled, and disposed of in a manner that prevents entry into State waters, including wetlands. Removal of concrete waste and washout water from mixer trucks, concrete finishing tools, concrete saw, and all concrete material removed in the course of construction operations or cleaning shall be performed in a manner that prevents waste material from entering State waters and shall not leave the site as surface runoff. A minimum of ten days prior to the start of the construction activity, the Contractor shall submit in writing a Method Statement for Containing Pollutant Byproducts to the Engineer for approval. The use of chemicals such as soil stabilizers, dust palliatives, herbicides, growth inhibitors, fertilizers, deicing salts, etc., shall be in accordance with the manufacturer’s recommended application rates, frequency, and instructions. All materials stored on‑site shall be stored in a neat, orderly manner, in their original containers, with the original manufacturer’s label. Materials shall not be stored in a location where they may be carried into State waters at any time. Spill prevention and containment measures conforming to Section 208 shall be used at storage, and equipment fueling and servicing areas to prevent the pollution of any State waters, including wetlands. All spills shall be cleaned up immediately after discovery, or contained until appropriate cleanup methods can be employed. Manufacturer’s recommended methods for spill cleanup shall be followed, along with proper disposal methods. When required by the Colorado Water Quality Control Act, Regulation 5 CCR 1002-61, spills shall be reported to the Engineer and CDPHE in writing. The Contractor shall prevent construction activities from causing grass or brush fires. The construction activities shall not impair Indian tribal rights, including, but not limited to, water rights, and treaty fishing and hunting rights. Prior to start of work, the Contractor shall certify in writing to the Engineer that construction equipment has been cleaned prior to initial site arrival. Vehicles and equipment shall be free of soil and debris capable of transporting noxious weed seeds or invasive species onto the site. Additional equipment required for construction shall also be certified prior to being brought onto the project site. Vehicles which have been certified by the Contractor as having been cleaned prior to arrival on site may be cleaned on site at an approved area where wash water can be properly contained. Vehicles leaving and reentering the project site shall be recertified. At the end of each day the Contractor shall collect all trash and dispose of it in appropriate containers. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 36 All construction site wastes shall be properly managed to prevent potential pollution of State waters. Construction waste that is considered a pollutant or contaminant shall be collected and disposed of in appropriate containers. This material may be stockpiled on the project when it is contained or protected by an appropriate control measure. Discharges from the project area shall not cause, have the reasonable potential to cause, or measurably contribute to an exceedance of any applicable water quality standard, including narrative standards for water quality. Stormwater Construction Permit. A Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) is not required for this project. A CDPS-SCP will be obtained from CDPHE, if any of the following activities apply: (1) Construction sites that will disturb one acre or more; or (2) Construction sites that are part of a common plan of development or sale; or (3) It is specified in the contract; or Stormwater discharges that are designated by the division as needing a stormwater permit because the discharge: 1. Contributes to a violation of a water quality standard; or 2. is a significant contributor of pollutants to State waters. Dewatering, erosion control for dewatering, and disposal of water resulting from dewatering operations, including all costs for permits, will not be measured and paid for separately, but shall be included in the work. The Contractor shall be liable for any penalty (including monetary fines) applied to the Department caused by the Contractor’s noncompliance with any water quality permit or certification. Monetary fines shall be deducted from any money due to the Contractor. If the monetary fine is in excess of all the money due to the Contractor, then the Contractor shall pay to the Department the amount of such excess. The Contractor shall not receive additional compensation, or time extensions, for any disruption of work or loss of time caused by any actions brought against the Contractor for failure to comply with good Engineering, hydrologic and pollution control practices. If a spill occurs as a direct result of the Contractor’s actions or negligence, the cleanup of such spill shall be performed by the Contractor at the Contractor’s expense. Areas exposed to erosion by fire resulting from the Contractor’s operations shall be stabilized in accordance with Section 208 by the Contractor, at the Contractor’s expense. March 1, 2023 REVISION OF SECTION 109 ASPHALT CEMENT COST ADJUSTMENT (ASPHALT CEMENT INCLUDED IN THE WORK) Section 109 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 109.06 (j) and replace with the following: (j) Asphalt Cement Cost Adjustments. Contract cost adjustments will not be made to reflect increases or decreases in the monthly average price of asphalt cement from the average price for the month preceding the month in which bids were received for the Contract. DECEMBER 9, 2022 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Revise Section 109 of the Standard Specifications as follows: Replace Subsection 109.06(b): 109.06 Partial Payments Partial payments will be made once each month as the work progresses, when the Contractor is performing satisfactorily under the Contract. Payments will be based upon progress estimates prepared by the Engineer, of the value of work performed, materials placed per the Contract, and the value of the materials on hand per subsection 109.07. The amount of the progress estimate paid to the Contractor will be subject to the following: (b) Securities in Lieu of Standard Amount Retained. When the original contract amount exceeds $150,000, the Contractor may withdraw all or any portion of the standard amount retained if acceptable securities are assigned to the Department, and deposited as set forth in Section 24-91-105, CRS and the implementing regulations. The ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 37 securities shall at all times have a market value at least equal in value to the sums withdrawn. If at any time the Department determines that the market value of the securities has fallen below the sums withdrawn, the Contractor, shall deposit additional acceptable securities in an amount sufficient to reestablish a total deposit of securities equal in value to the sums withdrawn. This security substitution shall not apply if a part of the contract price is paid from federal, or other sources, and the federal or other source has requirements that are inconsistent with this subsection. October 1, 2021 REVISION OF SECTION 401 RECLAIMED ASPHALT PAVEMENT Section 401 of the Standard Specifications is hereby revised for this project as follows: Subsection 401.02(b) shall include the following: Reclaimed Asphalt Pavement (RAP) is allowed in hot mix asphalt (HMA) up to a maximum binder replacement of 23 percent for all lifts, provided all specifications for HMA are met. Fine Aggregate Angularity requirements shall apply only to the virgin fraction of the fine aggregate. The RAP shall not contain clay balls, vegetable matter, or other deleterious substances, and must meet the uniformity requirements as outlined below. HMA Project Verification Testing for asphalt content and gradation will be performed at the frequencies listed in the Field Materials Manual in accordance with CP-L 5120. The Contractor shall have an approved mix design for the amount of RAP to be used. The AC content of the RAP utilized in the Contractor RAP mix design shall be the average AC content determined in accordance with 1B or 1C, below, or alternatively, a minimum of five samples of the Contractors RAP stockpile may be sampled and the average AC content of the RAP be determined using AASHTO T-164, Method A or B, or in accordance with 1C below. The Contractor shall determine the total binder replaced by the binder in the RAP pursuant to the following equation: Total Binder Replaced = (A x B) x 100/E Where: A = RAP % Binder Content * B = RAP % in Mix * E = Total Effective Binder Content * * in decimal format (i.e. 2% is 0.02) The Total Binder Replaced by the binder in the RAP shall not exceed 23 percent of the effective binder content of either the mix design or the produced mix. The use of RAP shall be controlled in accordance with subsections 105.05 and 106.05. If the Contractor elects to use RAP, the following additional conditions shall apply: 1. The Contractor shall have an approved Process Control (PC) Plan that details how the RAP will be processed and controlled. The PC plan shall address the following: A. RAP Processing Techniques. This requires a schematic diagram and narrative that explains the processing (crushing, screening, and rejecting) and stockpile operation for this specific project. B. Control of RAP Asphalt Binder Content (AASHTO T-164, Method A or B). RAP Asphalt Binder Content may also be determined in accordance with CP-L 5120, provided a RAP AC content correction factor is determined through correlation testing with AASHTO T-164, Method A or B. The correction factor shall be determined by performing correlation testing on the first five samples of the RAP AC content, then at a frequency of one for every five AC content tests thereafter. The correction factor shall be determined by ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 38 calculating the average difference in AC content between CP-L 5120 and AASHTO T-164, Method A or B, and applying the correction to the AC content determined in accordance with CP-L 5120: Frequency: 1/1000 tons of processed RAP material (minimum five tests) C. Alternative Control of RAP Binder Content. The Contractor may propose a RAP asphalt content correction factor to be used in conjunction with CP-L 5120. The proposed CP-L 5120 RAP asphalt content correction factor shall be used with all RAP asphalt contents tested for the mixture design and quality control sampling and testing. The methodology of the proposed CP-L 5120 RAP asphalt content correction factor shall be outlined in detail in the approved RAP PC Plan. At a minimum, the proposed CP-L 5120 correction factor shall identify the principal source locations of the RAP aggregate, gradation of the material tested, and specific ignition oven serial number used in all the RAP asphalt content testing. The RAP source locations, material gradation, and specific equipment used shall substantiate the CP-L 5120 asphalt content correction factor used for the testing. The substantiation must be from data gathered from historical information or specific asphalt content correction data obtained from tests performed on similar virgin aggregate sources, virgin material gradations, and the specific equipment used. D. Control of RAP Gradation (CP31 or AASHTO T-30): Frequency: 1/1000 tons of processed RAP material (minimum three tests) E. Process Control Charts shall be maintained for binder content and each screen listed in subsection 401.02(b), during addition of any RAP material to the stockpile. The Contractor shall maintain separate control charts for each RAP stockpile. The control charts shall be displayed and shall be made available, along with RAP AC extraction testing laboratory reports, to the Engineer upon request. 2. The processed RAP must be 100 percent passing the 31.5 mm (1¼ inch) sieve. The aggregate obtained from the processed RAP shall be 100 percent passing the 25.0 mm (1 inch) sieve. The aggregate and binder obtained from the processed RAP shall be uniform in all the measured parameters in accordance with the following: UNIFORMITY* Parameter Standard Deviation Binder Content 0.5 Percent Passing 19 mm (¾”) 4.0 Percent Passing 12.5 mm (½”) 4.0 Percent Passing 9.5 mm (⅜”) 4.0 Percent Passing 4.75 mm (#4) 4.0 Percent Passing 2.36 mm (#8) 4.0 Percent Passing 600 µm (#30) 3.0 Percent Passing 75 µm (#200) 1.5 *Uniformity is the Maximum allowable Standard Deviation of test results of processed RAP. 3. If RAP millings generated are incorporated in the same project, in accordance with CPL 5145 the Contractor shall pave with a virgin mix design until sufficient amount of processed RAP has been stockpiled and tested to allow full production of a RAP HMA mix. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 39 November 2, 2021 REVISION OF SECTION 703 AGGREGATES Section 703 of the Standard Specifications is hereby revised for this project as follows. Delete Section 703 and replace with the following: 703.00 General All sieve sizes and designations described in this section refer to laboratory sieves having square openings and conforming to ASTM E11. The grading and composition requirements for coarse and fine aggregates for concrete are set forth in Table 703-1. Table 703-1 CONCRETE AGGREGATE GRADATION TABLE Percentage Passing Designated Sieves and Nominal Size Designation Sieve Size Coarse Aggregates (from AASHTO M43) Fine Aggregate No. 3 No. 357 No. 4 No. 467 No. 57 No. 6 No. 67 No. 7 No. 8 50 mm to 25.0 mm (2" to 1") 50 mm to 4.75 mm (2" to No. 4) 37.5 mm to 19.0 mm (1½" to ¾") 37.5 mm to 4.75 mm (1½" to #4) 25.0 mm to 4.75 mm (1" to #4) 19.0 mm to 9.5 mm (¾" to 3/8") 19.0 mm to 4.75 mm (¾" to #4) 12.5 mm to 4.75 mm (½" to #4) 9.5 mm to 2.36 mm (3/8 " to #8) 4.75 mm to 150 µm (#4 to #100) 63 mm (2½") 100 100 50 mm (2") 90–100 95–100 100 100 37.5 mm (1½") 35–70 90–100 95–100 100 25.0 mm (1") 0–15 35–70 20–55 95–100 100 100 19.0 mm (¾") 0–15 35 – 70 90–100 90–100 100 12.5 mm (½") 0–5 10–30 25–60 20–55 90–100 100 9.5 mm (3/8") 0–5 10–30 0–15 20–55 40–70 85–100 100 4.75 mm (#4) 0–5 0–5 0–10 0–5 0–10 0–15 10–30 95–100 2.36 mm (#8) 0–5 0–5 0–5 0–10 80–100 1.18 mm (#16) 8970 0–5 50–85 600 µm (#30) 25–60 300 µm (#50) 10–30 150 µm (#100) 2–10 101.01Fine Aggregate for Concrete. Fine aggregate for concrete shall conform to the requirements of AASHTO M 6, Class A. The minimum sand equivalent, as tested in accordance with Colorado Procedure 37 shall be 80 unless ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 40 otherwise specified. The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 or greater than 3.50 unless otherwise approved. 101.02 Coarse Aggregate for Concrete. Coarse aggregate for concrete shall conform to the requirements of AASHTO M 80, Class A, except that the percentage of wear shall not exceed 45 when tested in accordance with AASHTO T 96. 101.03 Aggregate for Bases. Aggregates for bases except Aggregate Base Course (RAP) shall be crushed stone, crushed slag, crushed gravel, natural gravel, or crushed reclaimed concrete. Aggregate Base Course (RAP) shall be 100 percent crushed recycled asphalt pavement material. All materials except Aggregate Base Course (RAP) shall conform to the quality requirements of AASHTO M 147 except that the requirements for the ratio of minus 75 µm (No. 200) sieve fraction to the minus 425 µm (No. 40) sieve fraction, stated in 3.2.2 of AASHTO M 147, shall not apply. The requirements for the Los Angeles wear test (AASHTO T 96 and ASTM C535) shall not apply to Class 1, 2, and 3. Aggregates for bases shall meet the grading requirements of Table 703-2 for the class specified for the project, unless otherwise specified. The liquid limit shall be as shown in Table 703-2 and the plasticity index shall not exceed six when the aggregate is tested in accordance with AASHTO T 89 and T 90 respectively. Table 703-2 CLASSIFICATION FOR AGGREGATEBASE COURSE Sieve Size Mass Percent Passing Square Mesh Sieves LL not greater than 35 LL not greater than 30 Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 150 mm (6") 100 100 mm (4") 100 75 mm (3") 95-100 60 mm (2 ½") 100 50 mm (2") 95-100 100 37.5 mm (1 ½”) 90-100 100 25 mm (1") 95-100 100 100 19 mm (3/4") 50-90 95-100 4.75 mm (#4) 30-65 30-50 30-70 30-65 2.36 mm (#8) 25-55 20-85 75 µm (#200) 3-15 3-15 20 max 3-12 3-15 3-12 5-15 NOTE: Class 3 material shall consist of bank or pit run material. Aggregate Base Coarse (RAP) shall be 100 percent reclaimed asphalt pavement material conforming to the requirements of Table 703-3. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 41 Table 703-3 CLASSIFICATION FOR RECLAIMED ASPHALT PAVEMENT AGGREGATE BASE COURSE Sieve Size Mass Percent Passing Square Mesh Sieves ABC (RAP) 50 mm (2") 100 25 mm (1") 85-100 19 mm (¾") 75-100 12.5 mm (½") 55-90 9.5 mm (⅜") 45-80 4.75 mm (#4) 25-55 1.18 mm (#16) 5-25 75 µm (#200) 0-5 101.04 Aggregates for Hot Mix Asphalt. Aggregates for hot mix asphalt (HMA) shall be of uniform quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, natural gravel, or crushed slag. Excess of fine material shall be wasted before crushing. A percentage of the aggregate retained on the 4.75 mm (No. 4) sieve for Gradings S, SX and SG— and on the 2.36 mm (No. 8) sieve for Gradings SF and ST—shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. This percentage will be specified in Table 403-1, as revised for the project in Section 403. The angularity of the fine aggregate shall be a minimum of 45.0 percent when determined according to AASHTO T 304. Grading SF mixes, when determined by the Region Materials Engineer, may not require fine aggregate angularity of 45.0 percent. Aggregate samples representing each aggregate stockpile shall be non-plastic if the percent of aggregate passing the 2.36 mm (No. 8) sieve is greater than or equal to 10 percent by weight of the individual aggregate sample. Plasticity will be determined in accordance with AASHTO T 90. The material shall not contain clay balls, vegetable matter, or other deleterious substances. The aggregate for Gradings ST, S, SX, and SG shall have a percentage of wear of 45 or less when tested in accordance with AASHTO T 96. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 42 Table 703-4 MASTER RANGE TABLE FOR HOT MIX ASPHALT Sieve Size Percent by Weight Passing Square Mesh Sieves Grading SF Grading ST Grading SX Grading S Grading SG 37.5 mm (1½″) 100 25.0 mm (1″) 100 90 – 100 19.0 mm (¾″) 100 90 – 100 12.5 mm (½″) 100 90 – 100 * * 9.5 mm (⅜″) 100 90 – 100 * * * 4.75 mm (#4) 90 – 100 * * * * 2.36 mm (#8) * 28 – 58 28 – 58 23 – 49 19 – 45 1.18 mm (#16) 30 – 54 600 µm (#30) * * * * * 300 µm (#50) 150 µm (#100) 75 µm (#200) 2 – 12 2 – 10 2 – 10 2 – 8 1 – 7 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. Aggregates for stone matrix asphalt (SMA) shall be of uniform quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, or crushed slag. A minimum of 90 percent of the particles retained on the 4.75 mm (No. 4) sieve shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. The particles passing the 4.75 mm (No. 4) sieve shall be the product of crushing rock larger than 12.5 mm (1/2 inch) and shall be non-plastic when tested in accordance with AASHTO T 90. Additionally, each source of aggregate for SMA shall meet the following requirements: (1) No more than 30 percent when tested in accordance with AASHTO T 96 Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (2) No more than 12 percent when tested in accordance with AASHTO T 104 Soundness of Aggregate by Use of Sodium Sulfate. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 43 Table 703-5 MASTER RANGE TABLE FOR STONE MATRIX ASPHALT Sieve Size Percent by Weight Passing Square Mesh Sieves 4.75 mm (#4) nominal 9.5 mm (3/8″) nominal 12.5 mm (1/2″) nominal 19.0 mm (3/4″) nominal 25 mm (1") 100 19.0 mm (¾") 100 90-100 12.5 mm (½") 100 100 90-100 50-88 9.5 mm (3⁄8") 100 90-100 50-80 25-60 4.75 mm (#4) 90-100 26-60 20-35 20-28 2.36 mm (#8) 28-65 20-28 16-24 16-24 1.18mm (#16) 22-36 600 µm (#30) 18-28 12-18 12-18 12-18 300 µm (#50) 15-22 10-15 150 µm (#100) 75 µm (#200) 12-15 8-12 8-11 8-11 The aggregates for hot mix asphalt (HMA) and stone matrix asphalt (SMA) shall meet the requirements of Table 703-6 when tested in accordance with CP-L 4211 Resistance of Coarse Aggregate to Degradation by Abrasion in the Micro-Deval Apparatus. The Contractor shall be assessed a price reduction of $1,000 for each production sample of the combined aggregate with a value greater than 20 according to CP-L 4211. Table 703-6 AGGREGATE DEGRADATION BY ABRASION IN THE MICRO-DEVAL CP-L 4211 Not to exceed Combined Aggregate (Mix Design) 18 Combined Aggregate (1/10,000 tons, or fraction thereof during production) 20 101.05 Aggregate for Cover Coat Material. Aggregates for cover coat material shall be crushed stone, crushed slag, crushed gravel, or natural gravel. Aggregates shall be composed of clean, tough, durable fragments free from an excess of flat, elongated, soft, or disintegrated pieces and free from fragments coated with dirt or other objectionable matter. Slag shall be air-cooled blast-furnace slag reasonably uniform in density. The aggregate shall conform to the following requirements: (1) The percentage of wear, Los Angeles Abrasion Test (AASHTO T 96), shall not be more than 35. (2) The maximum amount of flat and elongated aggregate with a ratio of 3:1 shall not exceed 12 percent as determined by ASTM D4791. (3) When blast-furnace slag is used, the weight per cubic foot shall be at least 70 pounds. (4) For Type I, II, or IV cover coat material, 90 percent by weight of the particles retained on the 4.75 mm (No. 4) sieve shall have at least two fractured faces when tested in accordance with Colorado Procedure 45. (5) Lightweight aggregate used for cover coat material shall be an aggregate prepared by expanding shale, clay, or slate in a rotary fired kiln. Lightweight aggregate shall have a dry loose unit weight of 35 to 55 pounds per cubic ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 44 foot determined in accordance with AASHTO T 19, Shoveling Procedure. The total mass of the test sample of lightweight aggregate used in AASHTO T 96 (Los Angles Abrasion) shall be 2,000 g. Table 703-7 GRADATION SPECIFICATIONS FOR COVER COAT AGGREGATE Sieve Size Percent by Weight Passing Square Mesh Sieve 9.5 mm (3⁄8") Type 1 12.5 mm (½") Type II 19.0 mm (¾")* Type IV 19.0 mm (¾") 100 12.5 mm (½") 100 95-100 9.5 mm (3⁄8") 100 70-100 60-80 4.75 mm (#4) 0-15 0-4 0-10 75 μm (#200) 0-1.5 0-1.5 0-1.5 *Type IV shall be used only with lightweight aggregates. 101.06 Mineral Filler. Mineral filler shall conform to the requirements of AASHTO M 17 and shall consist of rock dust, slag dust, hydrated lime, hydraulic cement, fly ash, or other suitable mineral matter. It shall be free of organic impurities and agglomerations. When used, it shall be dry enough to flow freely. Mineral filler shall be graded within the following limits: Sieve Size Mass Percent Passing 600 μm (No. 30) 100 300 μm (No. 50) 95-100 75 μm (No. 200) 70-100 Mineral filler shall have a plasticity index not greater than four excluding hydrated lime and hydraulic cement. If mineral filler other than limestone dust is used in stone matrix asphalt (SMA) it shall consist of mineral matter that meets the requirements of Tables 703-8, 703-9 and the following: Alternative mineral filler shall consist of finely divided mineral matter such as rock dust, slag dust, fly ash, loess, or other suitable mineral matter. Calcium oxide content of any mineral filler shall not exceed 22 percent. Alternative mineral filler test data shall be provided as part of the SMA mix design submittal and as required in Table 703-8 during production. The Contractor shall sample and test alternative mineral filler at the frequencies listed in Table 703-8. Production will be suspended if alternative mineral filler test results fail to meet requirements. The Contractor shall submit written plans to correct the mineral filler operation to the Engineer for approval prior to commencing paving. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 45 Table 703-8 REQUIRED TESTING FOR ALTERNATIVE SMA MINERAL FILLERS Type of Test Contractor Testing Frequency Specification Limit Remarks Plasticity Index AASHTO T90 One per 10,000 tons of SMA placed♦ 4% Maximum ▲ Hydrometer Analysis AASHTO T88 One at Mix Design submittal Report Gradation AASHTO T37 One per 10,000 tons of SMA placed♦ Table 703-9 ▲ Calcium Oxide Content ASTM C25 One at Mix Design submittal 22% Maximum Modified Rigden Voids – NAPA Publication IS-101 One per 10,000 tons of SMA placed♦ Shall not exceed 50 ▲ ♦ The minimum frequency shall be twice per project ▲ Sampling of alternative mineral fillers shall be at the point of introduction to the SMA and a split sample shall be submitted to the Engineer Table 703-9 ALTERNATIVE SMA MINERAL GRADATION (AASHTO M17/ASTM D242-95) Sieve Percent Passing 600 µm (#30) 100 300 µm (#50) 95 - 100 75 µm (#200) 70 - 100 101.07 Bed Course Material. (a) Bed course material for sidewalks, curbing, and bikeways shall consist of cinders, sand, slag, gravel, crushed stone, or other approved material of such gradation that all particles shall pass through a sieve having 19.0 mm (3/4 inch) square openings. (b) Bed course material for slope protection, or riprap filter blanket shall be a porous, free draining material consisting of sand, gravel, cinders, slag, crushed stone, or other approved free draining material. This material shall meet the following gradation requirements: Mass Percent Passing Sieve Size Square Mesh Sieves 75 mm (3 inch) 100 4.75 mm (No. 4) 20-65 75 μm (No. 200) 0-10 101.08 Structure Backfill Material. (a) Class 1 structure backfill shall meet the following gradation requirements: Mass Percent Passing Sieve Size Square Mesh Sieves 50 mm (2 inch) 100 4.75 mm (No. 4) 30-100 300 μm (No. 50) 10-60 75 μm (No. 200) 5-20 ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 46 In addition, this material shall have a liquid limit not exceeding 35 and a plasticity index of not over six when determined in conformity with AASHTO T 89 and T 90 respectively. (b) Class 2 structure backfill shall be composed of suitable materials developed on the project. To be suitable for use under this classification, backfill shall be free of frozen lumps, wood, or other organic material. If the material contains rock fragments that, in the opinion of the Engineer, will be injurious to the structure, the native material shall not be used for backfilling and the Contractor shall furnish Class 1 structure backfill material at the contract unit price. If contract unit price does not exist for Class 1 structure backfill, it will be paid for in accordance with subsection 104.03. (c) Class 3 structure backfill shall be a sandy gravel and meet the following gradation: Mass Percent Passing Sieve Size Square Mesh Sieves 9.5 mm (3/8 inch) 90-100 4.75 mm (No. 4) 45-80 0.075 mm (No. 200) 5-12 101.09 Filter Material. Filter material shall consist of free draining sand, gravel, slag, or crushed stone. The grading requirements are set forth in Table 703-10. Table 703-10 GRADATION SPECIFICATIONS FOR FILTER MATERIAL Sieve Size Mass Percent Passing Square Mesh Sieves Class A Class B Class C 75 mm (3") 100 37.5 mm (1½") 100 19.0 mm (¾") 20-90 100 4.75 mm (No. 4) 0-20 20-60 60-100 1.18 μm (No. 16) 10-30 300 μm (No. 50) 0-10 10-30 150 μm (No. 100) 0-10 75 μm (No. 200) 0-3 0-3 0-3 101.10 Aggregate for Median Cover. Aggregate for median cover shall consist of clean crushed stone, crushed gravel, or natural gravel. The percentage of wear, when tested in accordance with AASHTO T 96, shall not be more than 70. The grading requirements shall be as follows: Mass Percent Passing Sieve Size Square Mesh Sieves 63 mm (2 1/2 inch) 100 50 mm (2 inch) 95-100 19.0 mm (3/4 inch) 0-15 ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 47 CITY SPECIAL PROVISIONS The CDOT Standard Specifications and Standard Special Provisions are modified with the following City Special Provisions. REVISION OF SECTION 101 DEFINITIONS AND TERMS Section 101 of the CDOT Standard Specifications is hereby revised for this project as follows: The following changes are made to Subsection 101.02: Add the following definition: Approved Equal. A product, component or process whose use in or on a particular project is specified as a standard for comparison purposes only. The "equal" product, component or process shall be the same or better than that named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the project design requirements will be made by the Engineer. It is the responsibility of the supplier to provide all necessary information for determining equality. Delete the definition for CDOT Resident Engineer and replace with the following: Director of Public Works. The Director of Public Works for the City, or his/her duly authorized representative, is responsible for public works activities within the city. The Director of Public Works is responsible for final decisions relating to Contractor claims for contract modification orders, additional compensation, or extensions of contract time. All references to “CDOT Resident Engineer” shall be replaced with “Director of Public Works”. In the definition for Contract, delete the first paragraph and replace with the following: The written agreement between the City and the Contractor setting forth the obligations of the parties for the performance of the work and the basis of payment. Delete the definition for Contractor and replace with the following: Contractor. The individual, firm, or corporation contracting with the City for performance of prescribed work. Delete the definition for Department and replace with the following: Department. Department of Public Works. A department with the city. Add the following definition: Easement. The right to use a defined area of property for a specific purpose or purposes as set forth in a document which has been made a part of the Contract Documents. Delete the definition for Engineer and replace with the following: Engineer. The Construction Manager of the Department acting directly or through an authorized representative, who is responsible for engineering and administrative supervision of the project. For the purpose of these specifications, the Engineer is responsible for initial decisions relating to Contractor claims for additional compensation or additional time. The Engineer or Director are the City representatives who may approve modifications to Contract documents or drawings. Delete the definition for Holidays and replace with the following: Holidays. Holidays recognized by the City are: New Year’s Day Martin Luther King, Jr. Day (observed) Presidents’ Day Memorial Day Juneteenth Independence Day Labor Day Veterans’ Day Thanksgiving Day Day after Thanksgiving Day Christmas Day ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 48 When New Year’s Day, Juneteenth, Independence Day, Veterans’ Day or Christmas Day falls on a Sunday, the following Monday shall be considered a holiday. When one of these days falls on a Saturday, the preceding Friday shall be considered a holiday. Additional legal holidays, when designated by the Governor or the President of the United States, may also be recognized by the City. Add the following definition: Lump Sum. A method of payment providing for one all-inclusive cost for the work or for a particular portion of the work; including any incidental costs necessary to perform that item of work. Add the following definition: Notification of Award. A written notification of acceptance of the bid from the City to the successful bidder. Delete the definition for Preconstruction Conference and replace with the following: Pre-construction Conference. A meeting of City project personnel, Contractor project personnel, and other stake holders held prior to the beginning of construction at which topics pertinent to the successful completion of the work are discussed. Delete the definition for Project Engineer and replace with the following: Project Engineer. The Engineer’s duly authorized representative who may be a City employee or an employee of a consulting engineer (consultant) under contract to the City as defined below: (a) City Project Engineer. The City employee who is the Engineer’s duly authorized representative. The City Project Engineer is in direct charge of the work and is responsible for the administration and satisfactory completion of the project under contract. (b) Consultant Project Engineer. The consultant employee under the responsible charge of the consultant’s Professional Engineer who is in direct charge of the work and is responsible for the administration and satisfactory completion of the project. The Consultant Project Engineer’s duties are delegated by the Engineer in accordance with the scope of work in the consultant’s contract with the City. The Consultant Project Engineer is not authorized to sign or approve Contract Modification Orders. Delete the definition for Proposal Guaranty and replace with the following: Bid Bond. The security required to be submitted with each proposal to guarantee that the bidder will enter into the Contract if the proposal is accepted. All references to “Proposal Guaranty” shall be replaced by “Bid Bond”. Delete the definition for Region Transportation Director and replace with the following: Region Transportation Director. All references to “Region Transportation Director” shall be replaced by “Director of Public Works”. Delete the definition for Right of Way and replace with the following: Right of Way. A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to a highway, street, alley, or other access. In the definition for Special Provisions, delete the 2nd sentence and replace with the following: Special provisions fall within one of the three following categories and take precedence as specified in subsection 105.09: In the definition for Special Provisions, add the following paragraph: (c) City Special Provisions. Additions and revisions to the Standard and Supplemental Specifications specific to the City project. In the definition for Specifications, delete (a) and replace with the following: (a) Standard Specifications: The Colorado Department of Transportation’s book (including errata) titled Standard Specifications for Road and Bridge Construction. The book is divided into three parts namely: Add the following definition: Utility. Tracks, overhead or underground wires, pipelines, conduits, pipes, ducts, or structures, owned, operated or maintained in or across a public right-of-way or easement. In the definition for Workplace Violence, replace all references to CDOT with the City. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 49 REVISION OF SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Subsection 102 of the CDOT Standard Specifications is hereby revised for this project as follows: Delete subsection 102.01 and replace with the following: 102.01 Prequalification of Bidders. The City does not prequalify bidders. Each Contractor is required to complete the Contractors Qualification Form included in the Bid Package. In subsection 102.02, delete the first sentence and replace with the following: The City will publish bidding opportunities to prospective bidders on the Rocky Mountain E-Purchasing System (a division of BidNet) at www.rockymountainbidsystem.com (800-835-4603 option #2) and the City website at www.ci.wheatridge.co.us. In subsection 102.02, delete the second paragraph and replace with the following: All bidders on projects shall submit electronic bids only through BidNetdirect.com. Delete subsection 102.04 and replace with the following: 102.04 Interpretation of Plans and Specifications. If it should appear to a Bidder that the work to be done or matters relative thereto are not sufficiently described or explained in the Contract Documents or that the Contract Documents are not definite and clear, the Bidder may make written inquiry regarding same to the City Procurement contact before the Deadline for Questions specified in the advertisement for bids. Then, if in the judgment of the City, additional information or interpretation is necessary, such information will be supplied in the form of an addendum. Each addendum will be delivered where possible by posting to the City website and BidNet. Such addenda shall have the same binding effect as though contained in the main body of the Contract Documents. Oral instructions or information concerning the contract documents or the project given out by officers, employees, or agents of the City to prospective bidders shall not bind the City. If no request is made before the Deadline for Questions, Bidder waives right to any conflict in the Contract Documents. Delete subsection 102.06 and replace with the following: 102.06 Preparation of Proposal. The bidder shall submit his proposal upon the forms supplied by the City. When an item in the proposal contains a choice to be made by the bidder, the bidder shall indicate his choice in accordance with the specifications for that particular item, and thereafter no further choice will be permitted. The bidder’s proposal must be signed electronically by the individual, by one or more members of the partnership, by one or more officers of a corporation, or by an agent of the contractor legally qualified and acceptable to the City. If the proposal is made by an individual, his name, address, and DUNS number must be shown, by a partnership, the name, address, and DUNS number of each partner must be shown, by a corporation, the name of the corporation, the business address of its corporate office, and DUNS number must be shown. In subsection 102.07 delete paragraphs (7) and (9) In subsection 102.09, delete the last two sentences and replace with the following: The Bidder's Proposal will be rejected if it does not contain the completed Non-collusion Affidavit. Add subsections 102.11 – 102.14 as follows: 102.11 Disqualification of Bidders. Any of the following reasons may be considered as being sufficient for the disqualification of a bidder and the rejection of his proposal or proposals: (1) More than one proposal for the same work from an individual, firm, or corporation under the same or different name. (2) Evidence of collusion among Bidders. Participants in such collusion will not receive recognition as Bidders for any future work of the City until any such participant shall have been reinstated as a qualified Bidder. (3) If, during a Contract with the City, a Contractor or Subcontractor incurs liquidated damages as described in subsection 108.09, he shall be disqualified for a period of one (1) year from the date of final acceptance of that Contract. (4) Missing required documentation, certifications, license, or experience as required elsewhere in the project solicitation documents. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 50 102.12 Bid Prices. Bidders must include, in their bid prices, the entire cost of each item of the work set forth in the proposal, and it is understood and agreed that there is included, in each lump sum or unit price bid, the entire cost of materials and labor incidental or necessary to the completion of that portion of the work covered, unless such work is expressly included in other lump sum or unit price bids in the proposal. Since the bid information cannot be guaranteed, the Contractor shall have assumed the risks attendant to successful performance of the work at the amount of the bid. 102.13 City Contract Laws. Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a) Fiscal year. Fiscal year for the City shall commence on January 1 and end on December 31. (b) Budget contains appropriations. The City council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge. Upon the annual adoption by the City council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposes specified therein. During the course of each fiscal year, approval by the City Council of contracts for goods or services, and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein. (c) No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the City shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the City which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the City and no City monies from any source whatsoever shall be paid thereon. (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the City council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the City. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the City; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e) Notice to parties contracting with the City. All persons contracting with, or selling goods or services to, the City are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the City wherein City funds are used to pay for said contract. Section 2-4 of the City Code of Laws is presented below: (a) The City may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the City or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. (b) The City council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. REVISION OF SECTION 103 AWARD AND EXECUTION OF CONTRACT Section 103 of the CDOT Standard Specifications is hereby revised for this project as follows: Delete subsection 103.01 and replace with the following: 103.01 Consideration of Proposals. After the proposals are opened and read, they will be compared on the basis of the summation of the products of the approximate quantities shown in the bid schedule by the unit prices. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 51 The City reserves the right to settle bid discrepancies that occur in the low Bidder's proposal at the time the Contract is awarded. Bid discrepancies will be settled with the understanding that the low Bidder waives any claims against the City because of Bidder's mistakes in the Bid Proposal. In subsection 103.02 change the time of award from 30 calendar days to 60 calendar days. Subsection 103.04 shall include the following: Failure to execute the Contract and file acceptable bonds within 15 days after the date of award shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty which shall become the property of the City. As stated in subsection 103.02, the City will execute the contract award within 60 days of solicitation closing. The City may elect to waive forfeiture of the bid bond only if it is determined that the bidder has made a good faith remedial error and that no damages were sustained by the City as a result of the failure by the successful bidder to execute the Contract and file acceptable bonds within the time prescribed. Award may then be made to the next lowest responsible bidder, or the work may be re-advertised and constructed under Contract or otherwise as the City may decide. Add subsections 103.05 – 103.06 as follows: 103.05 Cancellation of Award. The City reserves the right to cancel the award of any Contract at any time before the execution of said Contract by all parties without liability against the City. 103.06 Return of Bid Bonds. All bid bonds will be retained by the City. All proposal guaranties in the form of certified checks or cashier checks will be treated as follows: For the three lowest Bidders, the bid bond will be held until the Contract is awarded to the successful bidder. Bid bond will then be returned to the other Bidders. The bid bond of the successful Bidder will be returned upon receipt of executed Contract and approved payment and performance bonds. REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 104.04 shall include the following: Lane widths during construction shall not be less than 10 ft and a minimum clearance of two feet shall be maintained between traffic and the construction work zone. The Contractor will not be permitted to have construction equipment or materials in the lane(s) open to traffic at any time unless permitted by the Engineer. The Contractor is cautioned that all personal vehicle and construction equipment parking will be prohibited where it conflicts with safety, access, or the flow of traffic. REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 105.02 (f) shall include the following: 1. All Contractors who construct public storm drainage systems, bike paths, sidewalks, streets, or other items within Public property to be maintained by the City must submit an “As Constructed” set of construction drawings for approval as a part of the City’s acceptance process. The initial submittal shall be one set of “red-lined” marked up prints, which should be delivered to the Inspector. Written City acceptance of the final As Constructed plan is a condition for final acceptance and release of retainage. As Constructed plans for construction of irrigation systems within public property to be maintained by the City shall be submitted per subsection 623.25. 2. All As Constructed information shall be red-lined and shown on the original construction drawings. The As Constructed drawings shall clearly show any changes or variations from the approved design. Horizontal variations greater than 1.0 foot should be shown dimensionally or through plus stations. Horizontal variations greater than 10.0 feet should also show the graphic relocation of the object. For construction of public storm drainage systems, vertical elevation variations greater than 0.1 feet shall be provided for all shown design elevations. For construction of all remaining project features, vertical elevation variations greater than 0.25 feet shall be provided for all shown design elevations. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 52 3. The As Constructed Certificate (shown below) shall be signed and sealed by a Colorado professional engineer or professional land surveyor and shall appear on the cover sheet of the As Constructed plan set. All sheets included in the Contract Drawings set must be submitted in the final As Constructed plan set. AS CONSTRUCTED CERTIFICATE I hereby certify that the information shown on this as constructed drawing is an accurate and complete representation of data established from field information obtained under the direction of a Professional Engineer or Professional Land Surveyor, and that the physical dimensions or elevations shown are as-built information and the facility was constructed according to the approved plans, except as otherwise noted herein. ________________________________________ ______________________________ Name License # ________________________________________ ______________________________ Title Date In subsection 105.03 delete and replace the first sentence of the seventh paragraph as follows: Materials may be sampled and tested by the Department in accordance with the City’s Permit Testing and Inspection Requirements and CDOT's Field Materials Manual. Delete subsection 105.09 (a) and replace with the following: (a) Special Provisions 1. City General Provisions 2. City Special Provisions 3. Project Special Provisions 4. Standard Special Provisions Subsection 105.09 shall include the following: Any discrepancy or error discovered in the Drawings, Specifications, or during field construction shall be immediately called to the attention of the Engineer through submission of a “Request for Information” (RFI) document. Only the Engineer may authorize a modification to the contract documents via written response to an RFI. Neither the Inspector nor Project Engineer may authorize alterations, in-field changes, or modifications to the project, whether orally or written, unless said change is so minor in nature that grades, horizontal geometry, detail, or the original purpose and intent of the drawings are not altered. Concurrence by the Inspector, Project Engineer, or any other City representative in the field or on the daily inspection report does not constitute approval of any element of the project. The Contractor is solely responsible for constructing the project according to the contract documents. Subsection 105.10 shall include the following: Not furnishing a competent superintendence will be grounds for suspension of the Project until such superintendence is furnished by the Contractor. Contract time will continue in the event of a work suspension caused by lack of furnishing a project superintendence satisfactory to the City. Subsection 105.16 shall include the following: The Department will provide all inspection during construction. The Inspector will oversee the materials testing. The Contractor shall keep the Inspector informed of future construction operations to facilitate scheduling of required inspections. The Contractor shall notify the Inspector 24 hours in advance of starting any construction operation that will require inspection. Failure of the Contractor to provide such notice shall relieve the City from any responsibility for extra costs or delays caused by such failure. Inspection of the work or materials by the City or conversations made between the Contractor and the Inspector shall not relieve the Contractor of the obligation to fulfill the requirements of the Contract. Work and materials not meeting such requirements shall be made good and unsuitable work or materials may be rejected, not-withstanding that such work or materials have been previously inspected by the City or that payment thereof has been included in a progress estimate. Inspection and acceptance of work pertaining to utilities not owned by the City shall be made by a representative of the owning utility. The Contractor shall obtain required permits and/ or licenses and notify & schedule an inspection by the owning utility prior to commencing any work so that a representative may be made available to approve the work to be performed. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 53 Subsection 105.21 (a) shall include the following: The one-year guarantee period for the portion or unit of the project partially accepted will not begin until completion of the entire project unless otherwise agreed to by the Engineer. In subsection 105.22 change all references to “CDOT” to the “City” and remove all references to subsection 105.23. Subsection 105.22 shall include the following: In accordance with Section 2-4 of the City Code, as provided in subsection 102.13 of the City Special Provisions, the Contractor shall waive, release or extinguish its rights to recover costs or damages, or equitable adjustment, for delays in performing this contract if such delay is caused, in whole or in part, by acts or omissions of the City or its agents unless the Department accepts responsibility. An extension of time for completion of the work shall be the Contractor’s remedy for such delay. The Contractor shall not be entitled to additional monetary compensation for delays caused by the failure of a utility company or special district to relocate its facilities in timely manner. An extension of time for completion of the work shall be the Contractor’s remedy for such delay. Relief from failure of utility companies to fulfill their responsibilities is discussed in subsection 105.11 of the Standard Specifications. In subsection 105.22 (d) delete the last paragraph and replace with the following: If these meetings do not result in a resolution or the participants mutually agree that they have reached an impasse, the Contractor may file a claim in accordance with subsection 105.24. Delete subsection 105.23. In subsection 105.24 change all references to “CDOT” to the “City” and remove all references to subsection 105.23. In subsection 105.24 change the reference to “City and County of Denver” and replace with “Jefferson County”: Add subsections 105.25 and 105.26 as follows: 105.25 Protection of Survey Markers. Survey markers shall be protected as follows: (a) Permanent Survey Markers. Should the Contractor believe that a survey monument, control point, or benchmark will be disturbed by construction activities, the Contractor shall notify the Engineer not less than seven days prior to starting work in order that the Engineer may take necessary measures to insure the preservation of survey monuments, stakes, and benchmarks. The Contractor shall notify the Engineer and bear the expense of replacing any that may be disturbed without permission. Replacement shall be done by a Registered Land Surveyor at no expense to the City. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the monument cover or box shall be adjusted to the new grade. (b) Lot Stakes. Unless otherwise directed by the Engineer or shown in the plans, the Contractor shall preserve existing survey stakes that mark property lines and corners. Any stakes that become lost or disturbed by his operations shall be replaced at the Contractor's expense by a registered land surveyor. Any lot corners marked on sidewalks that are designated for removal by the Contract Documents or the Engineer are not the responsibility of the Contractor for replacement. REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 of the CDOT Standard Specifications is hereby revised for this project as follows: Delete subsection 106.01 and replace with the following: 106.01 Source of Supply and Quality Requirements. All materials used shall meet all quality requirements of the Contract. The Contractor shall notify the Engineer of the proposed sources of materials at least two weeks prior to delivery. When alternative materials are permitted for an item in the Contract, the Contractor shall state at the Pre-construction Conference the material that will be furnished for that item. In order to establish a basis of quality, certain processes, types of machinery and equipment, or kinds of materials may be specified either by description or process or by designating a manufacturer by name and referring to that brand or product designation, or by specifying a kind of material. It is not the intent of the specifications to exclude other processes, equipment or materials of equal value, utility or merit. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 54 Whenever a process is designated, or a manufacturer's name, brand or item designation is given, or whenever a process or material covered by patent is designated or described, it shall be understood that the words "or approved equal" follow such name, designation, or description, whether in fact they do so or not. If it is desirable to furnish items of equipment by manufacturers other than those specified, as a substitute after the contract is executed, the Contractor shall secure approval prior to placing a purchase order or furnishing the same. If the proposal includes a list of equipment, materials, or articles for which the Contractor must name the manufacturer at the time of submission of the bid, no substitutions therefore will be permitted after a proposal has been accepted without the express consent of the Owner. Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments. Delete subsection 106.03 and replace with the following: 106.03 Samples, Test, Cited Specifications. Materials sampling and testing shall be performed at the expense of the Contractor. The Contractor shall employ an independent materials testing company to sample and test the materials or the finished product in accordance with the City Materials Testing Requirements, per Section 720 of the City Special Provisions. All materials sampling, testing and inspection shall be performed by certified field technicians who work under the supervision of a registered professional engineer in the State of Colorado practicing in this field. Field technicians shall furnish copies of failed test results to the Engineer within two working days of completion and prior to the next phase of construction. On a weekly basis, the Contractor shall furnish the Engineer with copies of all test results taken that week and a cover letter, signed by the supervising registered professional engineer, which summarizes the results and addresses any failed tests or inconsistencies. Unless otherwise designated, all specifications, standards or policies referenced in Section 720 shall be the latest edition as revised or updated by approved supplements published and issued prior to the date of the advertisement for bids. Subsection 106.08 shall include the following: The Contractor will not receive compensation for storage of topsoil or other materials generated on site that are stored either onsite or offsite for later disposal or inclusion into the Work. REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 107.12 shall include the following: Property pins, right-of-way markers and other survey corners shall remain undisturbed until a method of preserving or perpetuating such markers is approved by City. Should any such markers be disturbed, destroyed or removed without obtaining said approval, the Contractor shall be assessed for any costs incurred in resurveying, resetting, and registering said markers. In subsection 107.15 change all references to “Department” and CDOT” to the “City”. Subsection 107.15 shall include the following: Certificates of Insurance shall be attached to the executed Contract Documents and shall become a part of the contract. These certificates shall include a provision that thirty days prior to insurance cancellation, written notice shall be given to the City. Add subsection 107.18 as follows: 107.18 Contractor’s Responsibility During Warranty. The Contractor shall, at his sole expense and cost, remedy any defects in the work, and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of work unless a longer period is specified. The City will give notice of defects with reasonable promptness upon their discovery. In subsection 107.25, change all references to “CDOT” to “City”. In subsection 107.25 (b), change reference to Region Planning and Environmental Manager (RPEM) to “City Stormwater Coordinator (CSC)”. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 55 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the CDOT Standard Specifications is hereby revised for this project as follows: In subsection 108.01 delete the second sentence and replace with the following: Prior to beginning any work by subcontractor, the Contractor shall request permission from the Engineer. In subsection 108.01 delete the sixth paragraph. In subsection 108.02 delete the last sentence and replace with the following: The Contractor shall commence work under the Contract within 14 calendar days of the date of the Notice to Proceed. In subsection 108.03 change all references to “CDOT” to “City” Delete subsection 108.04 (a) and replace with the following: (a) Initial Payment Schedule. At the time of the Preconstruction meeting, the Contractor shall submit to the City a schedule of partial progress payments. This schedule will show the percentage of Work anticipated to be completed and the date and dollar amount of each anticipated progress payment. In subsection 108.04 (b) delete the second, third, and fourth paragraph. Subsection 108.05 shall include the following: Working hours under this Contract shall be between 7:00 am and 5:00 pm. The Contractor shall not operate equipment before 7:00 am and shall schedule all work operations to be completed before 5:00 pm. Work after 5:00 pm will not be allowed except when required for circumstances beyond the Contractor’s control and when approved by the Engineer. Work between 5:00 pm and 6:00 pm on more than two consecutive working days will be charged as one-half working day. Work after 6:00 pm on any day will be charged as one-half working day. Contractor operations in lanes open to traffic are not allowed between the hours of 6:30 am to 8:30 am and 3:30 pm to 6:30 pm, unless otherwise approved by the Engineer. These restrictions apply to temporary delays including ingress and egress of materials, etc. Subsection 108.08 shall include the following: An extension of time for completion of the work shall be the Contractor’s sole remedy for delays in performing this contract if such delay is caused, in whole or in part, by acts or omissions of the City or its agents unless the Department accepts responsibility. An extension of time for completion of the work shall be the Contractor’s remedy for delays in performing this contract caused by the failure of a utility company or special district to relocate its facilities in timely manner. Relief from failure of utility companies to fulfill their responsibilities is discussed in subsection 105.11 of the Standard Specifications and the City Special Provisions. In subsection 108.09, change all references for “calendar days” to “working days” In subsection 108.10, change all references to “CDOT” to “City”. REVISION OF SECTION 109 MEASUREMENT AND PAYMENT In the twenty ninth paragraph of subsection 109.01 change “Department” to “CDOT”. Delete subsection 109.04 (f) and replace with the following: (f) The Contractor’s representative and the Inspector shall, on a daily basis, agree in writing on the quantities of labor, equipment and materials used for work, extra work, and/ or force account work. Subsection 109.04 (h) shall include the following: Time extension for force account work shall be allowed only if a controlling operation or critical path item of the project is interrupted. Time extension requests shall meet the requirements of subsection 108.08. Force account items shall be completed in a workmanlike manner so as not to cause undue delays. In subsection 109.06 (a) delete the second sentence and replace with the following: The amount to be retained will be 5 percent of the value of the completed work including change orders and contingency. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 56 Delete subsection 109.06 (b) and replace with the following: (b) Securities are not acceptable to the City in lieu of standard amount retained. In subsection 109.06 (f) remove all references to CDOT Form No. 205. Delete subsection 109.06(h) and replace with the following: (h) Monthly Reporting. On a monthly basis, the Contractor shall submit a monthly payment report to the Engineer along with the project schedule updates, in accordance with subsections 108.03(g). Failure to submit a complete and accurate monthly payment report shall be grounds for the City to withhold subsequent payments or retainage from the Contractor. Add subsection 109.08 as follows: 109.08 Final Guarantee. All work shall be and is guaranteed by the Contractor for a specified period of one year from and after the date of written final acceptance of all work by the City, unless a longer period is specified. All other current applicable State statutes shall apply. If within the guarantee period, non-emergency repairs, changes, or replacements are required in connection with guaranteed work which, as determined by the City, is rendered necessary as the result of the use of materials, equipment or workmanship which are inferior, defective or not in accordance with the terms of the contract, the Contractor shall, within 14 calendar days from receipt of notice from the City, and without expense to the City: (a) place in satisfactory condition, in every particular, all of such guaranteed work, correct all defects therein, or proceed with replacement of defective or unsatisfactory work where deemed necessary by the Engineer; and (b) make good all damage to the building site, equipment or contents thereof which, in the opinion of the Engineer, is the result of the use of materials, equipment or workmanship which are inferior, defective, or not in accordance with the terms of the contract; and (c) make good any work or material disturbed, or the equipment and contents of any building or structure on the site, in fulfilling any such guarantee. In the case of emergency repairs, changes or replacements, the Contractor shall promptly upon receipt of notice from the City and without expense to the City, perform the necessary actions to remediate the situation. Revised 03/2023 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 202.02 shall include the following: Areas within existing asphalt pavement that are designated for removal or patching shall be sawcut to the full depth of the asphalt or cut by a method approved by the Engineer which leaves a vertical face on the existing pavement and no deformation of the surface at the cut. Limits of cutting for patching shall be as directed by the Engineer. All street cuts shall be in straight lines. Irregular shaped cuts with more than four (4) sides or cuts within existing patches shall not be allowed. Street cuts shall have no longitudinal joints within the wheel tracks. Irrigation lines to be abandoned shall be adequately capped at the point of abandonment to prevent leaks or blowouts of the line that is to remain. The irrigation lines that are to be abandoned can remain in place unless removal is necessary to allow other work. Subsection 202.03 shall include the following: All inlet castings, manhole rings and covers and other metal items relating to structures to be removed shall remain the property of the City or the owning utility company. This material shall be reused on the project where possible or as directed by the Engineer. Material not reused on the project shall be delivered to the City or owning utility company unless arrangements have been made for it to be picked up by the City or owning utility company. Subsection 202.07 shall include the following: Concrete from curbs, gutters, sidewalks and pavements may not be used in fills unless crushed to meet the gradation requirements for Class 4 Aggregate Base Course. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 57 Subsection 202.09 shall include the following: Planers shall operate moving against traffic in areas being planed in order to ensure that trucks used in hauling removed materials will be able to arrive and depart with the flow of traffic. Planing shall result in a surface acceptable to the Engineer. Acceptability shall be based upon the following criteria: 1. Free of surface ridges in excess of ¼ inch. 2. Surface area free of excess surface fines. 3. All planed surfaces, especially wheel ruts, show scoring by planer teeth. 4. Specified cut depth attained at edges of roadway appurtenances and curb lips. Vertical cuts adjacent to traffic lanes from rotomilling over 1" depth shall be delineated at 50 foot intervals immediately after removal operations. The Contractor shall use caution when planing around manholes, water valve boxes, and other roadway appurtenances. Manholes, water valve boxes, and other similar structures shall either be adjusted to below the bottom of the cut prior to commencing planing operations or cut around using planing equipment. The maximum deviation between the top of the milled pavement and top of the manhole or water valve box shall be no more than ¾ inch in areas open to traffic. This condition may be achieved by placing a temporary wedge of asphalt around the structure. This temporary taper shall be removed prior to placement of new pavement. Subsection 202.11 shall include the following: Removal of existing asphalt pavement for patching, to include asphalt sawing or other approved methods of cutting existing asphalt pavement, will not be measured but shall be incidental to the pay item for HMA (Patching). Asphalt sawing or other approved cutting methods shall be incidental to the pay items for Removal of Asphalt Mat or pay items which include removal of asphalt pavement. Abandon irrigation line will be measured by the actual number of point of connections that require capping. Subsection 202.12 shall include the following: Pay Item Pay Unit Abandon Irrigation Lines Each Revised 03/2023 REVISION OF SECTION 210 RESET STRUCTURES Section 210 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 210.02 shall include the following: Any work performed by the Contractor on a utility facility is subject to inspection and approval by the owning utility company. The Contractor is responsible for coordinating inspection with the owning utility. The contractor must give written notice to all customers affected by water service outages at least 24 hours before the water is turned off for this work. The Contractor shall give a minimum of 24 hours notice to the owning utility company before any work which will affect their facilities. The Contractor shall not operate any water valves without permission of the owning utility company. Subsection 210.10 shall include the following: Any existing manholes, water valves, range boxes, traffic control boxes, etc., which are required to be adjusted shall be adjusted to 1/4 inch below finished grade prior to or immediately following placement of the final lift of asphalt. The intent of this specification is that the freshly placed HMA be compacted around the structure after the structure is adjusted to finish grade. When adjusting valve boxes, the box shall be cleaned of all foreign debris such that the operating nut of the valve is fully accessible to operate. The work shall be subject to inspection by and approval of the owning utility and is incidental to the pay item for adjusting water valves. Subsection 210.12 shall include the following: The pay item for resetting, modifying, or adjusting meter pits shall include all additional material required to modify, adjust and/or reset the meter pits and curb stops. Tapping tee, valves, pipe, pipe fittings and other materials required to reset, relocate or extend a fire hydrant assembly will be included in the pay item for Reset Fire Hydrant. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 58 Subsection 210.13 shall include the following: Pay items shall include, unless otherwise specified, all new hardware and material. Add subsections 210.14 – 210.16 as follows: 210.14 Fire Hydrants. If required on the drawings, before resetting, relocating, or extending fire hydrants, the Contractor shall contact the owning utility for inspection of the removed hydrant. The Contractor may be required to excavate the existing tee and remove any pipe or valves at the tee and place a plug at the tee if required by the owning utility company. The new hydrant lead is to be constructed of all new pipe and other material. 210.15 Water or Sewer Service Line. This work shall be performed where necessary to remove, relocate, or replace a utility service line caused by a grade and/or line conflict with new construction. Adjustment work may entail complete relocation and replacement of the affected service line. Payment under this item shall include all costs associated with service line relocation. For reset work, the approximate limits of replacement would be the width of the trench. Payment under this item shall include all costs associated with service line restoration within the limits of the excavation. 210.16 Water Meter Pit. Adjustment work shall be performed on existing water meter pits. The Contractor shall adjust existing water meter pit structures to grade. Adjustment of associated curb stops shall be included under this pay item. For reset work, the contractor shall remove the existing water meter pit and replace the existing structure with new meter pit structure material. Unless otherwise specified, required material will be supplied by the contractor. The new meter pit will be relocated along the existing water lateral. This pay item also includes all work and additional material required to complete installation of the new meter pit structure to finish grade. Resetting the curb stop shall be included under this pay item. Modification work shall entail the conversion of the existing water meter pit cover to a heavy-duty lid and frame adjusted to grade. This pay item shall also include related work on the associated curb stop. Unless otherwise specified, the heavy-duty frame and lid will be furnished by the Contractor. Revised 03/2023 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 304.02 shall include the following: Approval of the aggregate as a source for the Class(es) of aggregate specified will be contingent on material meeting the appropriate gradation requirements and having a resistance value of at least 72 when tested the Hveem Stabilometer Method. Recycled asphalt material shall generally meet the gradation requirements of Class 4 or 6 Aggregate Base Course. The maximum size aggregate (material) will be determined by the Engineer in the field. Recycled Portland cement concrete or asphaltic concrete may be used in lieu of natural or processed natural aggregate if it is approved by the Engineer. Aggregate material for Stabilization Material (Granular) shall generally meet the requirements of Aggregate Base Course Classes 4, 5 or 6. Stabilization material may be crusher waste, reclaimed asphalt, reclaimed concrete, pit run gravels or other Contractor supplied material (minus 4 inch) acceptable to the Engineer. This material shall be readily compactable with minimal effort and shall be clean and free from contaminating materials such as clay or clay lumps and organic matter. The material shall not be cross mixed with other types of materials such as milled asphalt, nonspecific gravel materials, rock, etc. Presence of contaminating materials, clay or clay lumps or organic matter will be grounds for rejection by the Engineer. Aggregate Base Course (Class Crusher Fines) shall be stabilized, in accordance with the manufacturer’s recommendations, with a non-toxic, organic binder that is a colorless and odorless concentrated powder that binds the aggregate. The aggregate shall meet the following requirements: ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 59 CRUSHER FINES (1/4” minus Aggregate Gradation) Sieve Size Percentage passing by Weight 3/8” 100 #4 90 – 100 #8 75 – 80 #16 55 – 65 #30 40 – 50 #50 25 – 35 #100 15 – 20 #200 10 – 15 Subsection 304.04 shall include the following: Aggregate material for Stabilization Material (Granular) shall be placed on a geogrid material in the bottom of the excavation. The geogrid material shall be placed accordance with manufacturer's recommendation in the bottom of the over excavated area in the roadway to be stabilized. After placement of the geogrid material, the granular roadway stabilization material will be placed full depth. The Contractor shall minimize the amount of rubber tired equipment allowed on the stabilization material and shall preferentially use a small tracked dozer or loader to spread the granular material. After placement and rough shaping of the granular material, the surface may be shaped to final cross section with a maintainer. Water for compaction shall be sparingly applied as required. The use of vibratory equipment may be used as long as the subgrade does not show evidence of failure as evidenced by deflection of the aggregate surface. Aggregate Base Course (Class Crusher Fines) shall be a placed in a compacted lift of 4 inch depth. Subsection 304.07 shall include the following: Stabilization Material (Granular) will be measured by the ton compacted in place and accepted by the Engineer. Subsection 304.08 shall include the following: The accepted quantities of Stabilization Material (Granular) will be paid for at the contract price bid per ton of material, as shown in the bid schedule. Pay Item Pay Unit Stabilization Material (Granular) Ton Revised 12/2021 REVISION OF SECTION 306 RECONDITIONING Section 306 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 306.01 shall include the following: This work also consists of proof rolling the subgrade. Subsection 306.02 shall include the following: All proof rolling shall also be performed per the requirements of Section 203. Delete subsection 306.03 and replace with the following: 306.03 Reconditioning and proof rolling will be measured by the square yard of subgrade and shall include scarifying, compacting, moisture control, finishing, proof rolling, and maintaining the finished surface. Delete subsection 306.04 and replace with the following: 306.04 The accepted quantities of reconditioning and proof rolling will be paid for at the contract unit price for reconditioning and proof rolling. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 60 Payment will be made under: Pay Item Pay Unit Reconditioning and Proof Rolling Square Yard Water will not be measured and paid for separately but shall be included in the work. Revised 03/2023 REVISION OF SECTION 401 PLANT MIX PAVEMENTS-GENERAL Section 401 of the CDOT Standard Specifications is hereby revised for this project as follows: In subsection 401.02 (a), delete item 3. In subsection 401.02 (a), delete the second paragraph and replace with the following: The contractor shall submit a hot mix design for each mixture required by the contract a minimum of fourteen (14) days prior to beginning construction. Mix designs shall be performed in a materials laboratory under the direct supervision of and shall be stamped and signed by a Professional Engineer licensed in Colorado. The design submittal shall include the following information: (1) Source of materials, including aggregate, asphalt cement and anti-stripping additive. (2) Gradation, specific gravity, description of individual aggregates and final aggregate blends. (3) Aggregate physical properties. (4) Design Job Mix Formula. (5) Asphalt Cement properties. (6) Mixing and compaction temperatures. (7) Mixture properties determined at a minimum of four asphalt contents with graphs showing mixture properties versus asphalt content. (8) Properties at the optimum asphalt cement content. (9) Verification tests performed during mix production. * The optimum percent AC content shall be chosen at 4.0 percent air voids in accordance SP-2. Mix designs shall be based upon the following traffic loading criteria, unless otherwise specified on the drawings: Traffic Level (MGPEC designation) I II EDLA (Equiv. Daily 18 kip Loaded Axle) 0-40 40-410 Street Classification (City designations) Local Collector Asphalt Cement PG 64-22 PG 64-22 The hot mix asphalt shall be designed in accordance with Colorado Procedure CP-L 5115, “Standard Method for Preparing and Determining the Density of Bituminous Test Specimens by Means of the Gyratory Compactor” for the Superpave Method of Mixture Design. Additional guidance is provided in “Superpave Level 1 Mix Design” SP-2 published by the Asphalt Institute. Mix designs shall meet the criteria outlined for the applicable method used. Grading SG mixes shall be designed using appropriate 150mm molds for the Superpave method. In subsection 401.02 (a), delete the third paragraph and replace with the following: The design job mix formula (JMF) for each mixture shall establish a single percentage of bituminous material to be added to the aggregate, and a single temperature for the mixture at the plant discharge point. The City may test the Contractors proposed JMF for each hot bituminous pavement grading utilizing materials actually produced and stockpiled for use. Contractor shall provide a sufficient quantity of each aggregate, mineral filler, RAP, and additive for the required laboratory tests if requested by the City. After the JMF is approved, a new JMF shall be submitted to the Engineer if there is a change in the source of materials. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 61 In subsection 401.02 (a), delete the fourth and fifth paragraphs. In subsection 401.06, delete the first paragraph and replace with following: 401.06 Asphalt Cements. Asphalt cement grade PG 64-22 shall be required unless otherwise specified on the drawings. Subsection 401.07 shall include the following: Minimum temperature requirements may be waived by the engineer if it is in the best interest of the City. However, paving operations will be suspended when density requirements are not met. Delete subsection 401.11 and replace with the following: 401.11 Tack Coat. Prior to patching or placing hot mix asphalt, the exposed sides of bituminous pavement, concrete pavement, concrete structures and concrete curb and gutter to make contact with placed hot mix asphalt shall be thoroughly coated with emulsified asphalt. Except within the limits of geotextile placement, a tack coat shall be provided for pavement overlay work. Unless approved by the Engineer, subsequent hot mix asphalt lifts shall not be placed in the same day. A tack coat shall be provided between lifts when they are not placed in the same day. Grade CSS-1h or SS-1h emulsified asphalt shall be thinned with an equal amount of clean water and the mixture applied at the rate of 0.15 gallons per square yard. Subsection 401.12 shall include the following: A pick-up type sweeper shall be used. A power broom type sweeper shall not be allowed. Subsection 401.16 shall include the following: Top pavement layers shall not exceed 3 inches in depth. Subsection 401.19 shall include the following: If one or more samples of hot mix asphalt (HMA) fail to meet criteria requirements, the Contractor, at his expense, shall cut a minimum of 4 additional cores in the area represented by the failing sample. The City will take possession of the cores and will have the necessary tests performed on each of the sample locations. Duplicate cores may be taken and retained by the Contractor at the Contractor’s expense. The time which the core samples are taken, the number of cores and their location shall be established by the City. Taking cores and patching the core holes will be performed by the Contractor at his sole expense. The Contractor shall reimburse the City for all expenses related to inspecting, coring, testing, and determining specified limits that the MHA failed to meet. Revised 03/2023 REVISION OF SECTION 403 HOT MIX ASPHALT In Subsection 403.03, delete the second paragraph and replace with the following: Areas to be patched back shall be saw cut, unless alternative methods of cutting which produce straight lines and vertical cuts are approved by the Engineer. Limits of cutting shall be as specified on the plans or as directed by the Engineer. Jagged edges are unacceptable and shall be replaced at the Contractors expense. Prior to placement of the patch, all exposed sides of the existing pavement shall be thoroughly coated with tack coat. Hot mix asphalt shall then be placed and compacted in succeeding layers not to exceed 3 inches in depth. All materials excavated from the patch area shall become the property of the Contractor and hauled from the site. Revised 03/2023 REVISION OF SECTION 604 MANHOLES, INLETS AND METER VAULTS Section 604 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 604.02 shall include the following: Manholes, inlets, and base sections shall be cast-in-place unless otherwise approved by the City in writing. Joints and bases shall be watertight. Mortar. Mortar shall conform to the requirements of ASTM C378, or be proportioned 1 part Portland Cement to 2 parts clean, well graded sand which will pass a 1/8 inch screen. Admixtures may be used not exceeding the following ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 62 percentages of weight of cement: hydrated lime, 10 percent, diatomaceous earth or other inert materials, 5 percent. Consistency of mortar shall be such that it will readily adhere to the precast concrete if using the standard tongue and groove type joint. If the keylock type joint is used, the consistency shall be such that the excess mortar will be forced out of the groove and support is not provided for the next manhole section to be placed. Mortar mixed for longer than 30 minutes shall not be used. Preformed Plastic gaskets. When approved, preformed plastic gaskets may be used in lieu of mortar type joints and shall meet all the requirements of Federal Specification SS-S-00210. In Subsection 604.04 (b) delete the second paragraph and replace as follows: When a manhole is located in the pavement area, the ring and lid casting shall be adjusted to 1/4" below finished grade prior to or during placement of the final lift of asphalt. The intent of this specification is to compact the freshly placed pavement material during rolling of the remainder of the roadway. Rim elevations shown on the plan are approximate. Final elevations will be determined in the field. The final ring and lid shall be flush to ¼” below finished grade. In Subsections 604.06 delete all references to payment for manholes and inlets based on depth. Subsection 604.07 shall include the following: Pay Item Pay Unit Inlet, WR Curb Inlet (________) Each Inlet, WR Valley Inlet (________) Each Revised 03/2023 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES Section 614 of the CDOT Standard Specifications is hereby revised for this project as follows: In subsection 614.13, delete the fourth, sixth, seventh, ninth, tenth, eleventh, twelfth, and thirteenth paragraphs and replace with the following: Traffic signs will be measured by unit including all materials included in the steel sign post and sign panel and other work necessary to complete the item. Subsection 614.14 shall include the following: Pay Item Pay Unit Traffic Sign Each Revised 03/2023 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES Section 614 of the CDOT Standard Specifications is hereby revised for this project as follows: Delete subsection 614.08 (b) and replace with the following: (b) Traffic Signal Controller. The traffic signal controller shall be an Econolite Cobalt-C. No equal or equivalent will be considered. Delete subsections 614.08 (c) and replace with the following: (c) Controller Cabinets. The traffic signal cabinet shall be an Econolite TS2 T2 PNG CAB ASSY (system ready) with a slide out tray. No equal or equivalent will be considered Subsection 614.08 (d) shall include the following: Detector units shall be card rack mounted plug-in type 3M Canoga 400 4-channel units. Subsection 614.08 (e) shall include the following: Micro Detector shall be as supplied by 3M Micro Probes. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 63 Subsection 614.08 (h) shall include the following: All traffic signals with single mast arms less than 55 feet in length shall conform to CDOT Standard Plans, M&S Standards S-614-40A Alternate Traffic Signal Installation Details. All other traffic signals shall conform to CDOT Standard Plans, M&S Standards S-614-40 Typical Traffic Signal Installation Details. All poles and mast arms shall be powder coated black after fabrication in accordance with ASTM A123. Subsection 614.08 (i) shall include the following: (i) Traffic Signal Faces. 1. Traffic Signal Units. All signal units shall be of the individual section, adjustable type, black polycarbonate. Signal units shall be supplied by Eagle, IDC, or Econolite. Programmable heads shall be Cast Aluminum frame units supplied by 3M. Visors shall be detachable, 12 inch tunnel type, open at the bottom; be black in color on the outside and flat black on the inside. Reflector shall be silvered glass or Alzak type units. Lenses shall be in accordance with Institute of Transportation Engineers (ITE) Specifications. Sockets shall be fixed focus. Doors on the signal heads for the installation of lamps and lens replacement or other maintenance shall not require use of any tool to be opened. Doors and lenses shall be equipped with neoprene weather proof gaskets to ensure against infiltration of moisture, road film and dust. Each three-color signal unit shall have the socket leads from all signal sections connected to a terminal board stamped identifiable with terminals. There shall be a terminal for color indication plus a common terminal where one lead from each socket shall terminate. The terminal board shall be mounted in the middle section and be properly insulated. All openings, top and bottom, shall be for 1 ½ inch pipe or pipe mounting brackets. Gaskets shall be supplied for top and bottoms openings. 2. Pedestrian Signal Units. 18 inch one-way ICC pedestrian signal head as specified on the plans. The specifications are the same as subsection 614.08 (h) with the following exceptions: A. Walk/Don't Walk Indications shall be symbolized and side by side. B. Visors shall be egg crate type and heads shall be black. 3. Countdown Pedestrian Signal Units. Single, self-contained retrofit module for clamshell housing. Two message overlay combining Portland Orange LED for the “Hand” and White LED for “Walking Man.” Double digit display for countdown made of Red LED’s. Timing is derived directly from the controller and no timing shall be programmed, or otherwise initiated. Countdown numerals shall be illuminated continuously during countdown and not alternating. Pedestrian signal head shall blank out countdown portion if the countdown is different than the controller. Hand/Man indications shall be solid style, not outline. Countdown pedestrian signals shall consist of Portland orange numbers that are at least 150 mm (6-inch) in height on a black opaque background. The countdown pedestrian signal shall be located immediately adjacent to the associated UPRAISED HAND (symbolizing DONT WALK) pedestrian signal head indication. The display of the number of remaining seconds shall begin only at the beginning of the pedestrian change interval. After the countdown displays zero, the display shall remain dark until the beginning of the next countdown. The countdown pedestrian signal shall display the number of seconds remaining until the termination of the pedestrian change interval. Countdown displays shall not be used during the walk interval, or during the yellow change interval of a concurrent vehicular phase. 4. LED Traffic Signal Faces. All traffic signal faces (vehicular and pedestrian) shall be Light Emitting Diode (LED) type, unless otherwise specified by the City. The LED traffic signal faces shall conform to the requirements of subsection 713.11. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 64 Subsection 614.08 (j) shall include the following: All back plates are to be of aluminum. Back plates shall provide a minimum 8-inch border. Delete subsection 614.08 (l) and replace with the following: (l) Traffic Signal Electrical Conductors and Control Cable. Conductors and cables shall conform to subsection 713.11. 1. Signal Cable. #14 AWG multi-conductor stranded copper wire manufactured to meet IMSA 19-1 specifications or approved equivalent. Each conductor in the cable will be individually insulated and rated at 600 volts. There shall be a minimum of 4 and a maximum of 9 strands per conductor. As a minimum, one spare conductor shall be provided for each cable run. 2. Fiber Optic Interconnect Cable. Where specified on the plans, interconnect wire connecting traffic signal controller cabinets shall be fiber optic type. Fiber optic cable runs consist of a main cable, which runs the length of the project, and connects to the individual local controller cabinets. Fiber optic cable shall be loose tube non-armored outdoor cable consisting of 24 single mode fibers and 12 multi-mode fibers and complying with the following specification for fiber optic cable. Fiber optic cable for installation in conduit shall meet the applicable portions of I.M.S.A. Specification 60-2 or approved equal. A 16 gauge (minimum) stranded trace wire shall be installed in the conduit with the fiber cable. A. General Considerations. The fiber optic cable shall meet all requirements stated in the specification. The cable shall be an accepted product of the United States Department of Agriculture Rural Electrification Administration (REA) as meeting requirements of 7CFR1755.900. The cable shall be new, unused and of current design and manufacture. Connectors shall be “ST” single mode type. B. Fiber Characteristics. All fibers in the cable must be usable fibers and meet this specification: All optical fibers shall be sufficiently free of surface imperfections and inclusions to meet the optical, mechanical and environmental requirements of this specification. Each optical fiber shall consist of a doped silica core surrounded by a concentric silica cladding. The single-mode fiber utilized in the cable specified herein shall conform to the following specifications: Typical Core Diameter: 8.3 μm. Cladding Diameter: 125.0 ± 1.0 μm. Core-to-Cladding Offset: ≤ 0.8 μm. Cladding Non-Circularity: 1.0%. Defined as: [1-(min. Cladding dia. + max. Cladding dia.)] X 100 Coating diameter: 245 ± 10 μm. Colored Fiber Diameter: nominal 250 μm. Attenuation Uniformity: No point discontinuity greater than 0.10 dB at either 1310 nm or 1550 nm. Attenuation at the Water Peak: The attenuation at 1383 ± 3 nm shall not exceed 2.1 dB/km. Cutoff Wavelength: The cabled fiber cutoff wavelength shall be ≤ 1250 nm. Mode-field Diameter (Petermann II): 9.30 ± 0.50 μm at 1310 nm 10.50 ± 1.00 μm at 1550 nm Zero Dispersion Wavelength: (λo)-1301.5 nm ≤ (λo) ≤ 1321.5 nm. Zero Dispersion Slope: (So)- ≤ 0.092 ps/(nm2.km) The coating shall be a dual layered, UV cured acrylate applied by the fiber manufacturer. The coating shall be mechanically strippable without damaging the fiber. C. Fiber Specification Parameters. All fibers in the cable shall meet the following requirements: When tested in accordance with FOTP-3, “Procedure to Measure Temperature Cycling Effects on Optical Fiber, Optical Cable and Other Passive Fiber Optic Components”, (single-mode only), the average change in attenuation at extreme operational temperatures (-40oC to +70oC) shall not exceed 0.05 dB/km at 1550 nm. The magnitude of the maximum attenuation change of each individual fiber shall not be greater than 0.15dB/km at 1550 nm. Required Fiber Grade - Maximum Individual Fiber Attenuation ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 65 The maximum dispersion for single mode optical fibers shall be ≤3.3ps/(nm.km) for 1285 nm through 1330 nm and shall be ≤18ps/(nm km) at 1550 nm. Specifications for Outdoor Cables: i. Optical fibers shall be placed inside a loose buffer tube. ii. Each buffer tube shall contain up to 6 fibers. iii. The fibers shall not adhere to the inside of the buffer tube iv. Each fiber shall be distinguishable from others by means of color coding or numbers according to the following: a. Blue b. Orange c. Green d. Brown e. Slate f. White The above colors shall meet EWTIA-598, “Color Coding of Fiber Optic Cables”. v. Buffer tubes containing fibers shall also be color coded or numbered with distinct and recognizable colors or numbers according to the following: 1. Blue 6. Red 2. Orange 7. Black 3. Green 8. Yellow 4. Brown 9. Violet 5. Slate 10. Rose The above colors shall meet EMIA-598, “Color coding of Fiber Optic Cables”. vi. In buffer tubes containing multiple fibers, the colors or numbers shall be stable during temperature cycling and not subject to fading or smearing onto each other or into the gel filling material. Colors shall not cause fibers to stick together. vii. Buffer tubes shall be of a dual-layer construction with the inner layer made of polycarbonate and the outer layer made of polyester. viii. Fillers may be included in the cable core to lend symmetry to the cable cross-section where needed. ix. The central anti-bucking member shall consist of a glass reinforced plastic rod. The purpose of the central member is to prevent buckling of the cable. x. Each buffer tube shall be filled with a non-hygroscopic, non-nutritive to fungus, electrically non-conductive, homogenous gel. The gel shall be free from dirt and foreign matter. The gel shall be readily removable with conventional nontoxic solvents. xi. Buffer tubes shall be stranded around a central member using the reverse oscillation, or ‘TZ’, stranding process. xii. The cable core interstices shall be filled with a water-blocking compound. The compound shall be a thixotripic gel containing a Super Absorbent Polymer (SAP) material. The gel shall be non-nutritive to fungus, electrically non-conductive and homogenous. The gel shall be free from dirt and foreign matter and shall be readily removable with conventional nontoxic solvents. xiii. Binders shall be applied with sufficient tension to secure the buffer tubes to the central member without crushing the buffer tubes. The binders shall be non-hygroscopic, non-wicking (or rendered so by the flooding compound), and dielectric with low shrinkage. xiv. The cable shall contain at least one ripcord under the sheath for easy sheath removal. xv. Tensile strength shall be provided by high tensile strength aramid yarns, fiberglass yarns, or both. xvi. The high tensile strength aramid yarns and/or fiberglass yarns shall be helically stranded evenly around the cable core. xvii. All-dielectric cables (with no armoring) shall be sheathed with medium density polyethylene. The minimum nominal jacket thickness shall be 1.4mm. Jacketing material shall be applied directly over ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 66 the tensile strength members and flooding compound. The polyethylene shall contain carbon black to provide ultraviolet light protection and shall not promote the growth of fungus. xviii. The jacket or sheath shall be free of holes, splits and blisters. xix. The cable jacket shall contain no metal elements and shall be of a consistent thickness. xx. Cable jackets shall be marked with sequential meter or foot markings, year of manufacture and a telecommunication handset symbol, as required by Section 350G of the National Electrical Safety Code (NESC). The actual length of the cable shall be within -0/+1% of the length markings. The marking shall be in contrasting color to the cable jacket. The height of the marking shall be approximately 2.5 mm. xxi. The maximum pulling tension shall be 2700 N (608 lbf) during installation (short term) and 890 N (200 lbf) long term installed. xxii. The shipping, storage and operating temperature range of the cable shall be -4OoC to +7OoC. The installation temperature range of the cable shall be -3OoC to +7OoC. D. General Cable Performance Specifications. The un-aged cable shall withstand water penetration when tested with a one-meter static head or equivalent continuous pressure applied at one end of a one-meter length of filled cable for 24 hours. No water shall leak through the open cable end. When a one-meter static head or equivalent continuous pressure is applied at one end of a one-meter length of aged cable for one hour, no water shall leak through the open cable end. Testing shall be done in accordance with FOTP-82, “Fluid Penetration Test for Filled Fiber Optic Cable”. When tested in accordance with FOTP-81, “Compound Flow (Drip) Test for Filled Fiber Optic Cable”, Method A; the cable shall exhibit no flow (drip or leak) of filling or flooding compound at 8OoC. If material flow is detected, the weight of any compound that drips from the sample shall be less than 0.05 grams (0.002 ounce). The cable shall withstand a minimum compressive load of 220 N/cm (125lbf/in) for non-armored cables applied uniformly over the length of the compression plate. The cable shall be tested in accordance with FOTP-41 “Compressive Loading Resistance of Fiber Optic Cables”, except that the load shall be applied at the rate of 3 mm to 20 mm per minute and maintained for 10 minutes. The magnitude of the attenuation change shall be within the repeatability of the measurement system for 90% of the test fibers. The remaining 10% of the fibers shall not experience an attenuation change greater than 0.1 dB at 1550 nm (single-mode). The average increase in attenuation for the fibers shall be ≤ 0.02 dB at 1300 nm (multimode). The repeatability of the measurement system is typically ± 0.05 dB or less. No fibers shall exhibit a measurable change in attenuation after load removal. When tested in accordance with FOTP-104, “Fiber Optic Cable Cyclic Flexing Test”, the cable shall withstand 25 mechanical flexing cycles at a rate of 30 ± 1 cycles per minute, with a sheave diameter not greater than 20 times the cable diameter. The magnitude of the attenuation change shall be within the repeatability of the measurement system for 90% of the test fibers. The remaining 10% of the fibers shall not experience an attenuation change greater than 0.1 dB at 1550 nm (single-mode). The repeatability of the measurement system is typically ± 0.05 dB or less. The cable jacket shall exhibit no cracking or splitting when observed under 5X magnification. When tested in accordance with FOTP-25, “Repeated Impact Testing of Fiber Optic Cables and Cable Assemblies”, the cable shall withstand 25 impact cycles. The magnitude of the attenuation change shall be within the repeatability of the measurement system for 90% of the test fibers. The remaining 10% of the fibers shall not experience an attenuation change greater than 0.1 dB at 1550 nm (single-mode). The repeatability of the measurement system is typically ± 0.05 dB or less. The average increase in attenuation for fibers shall be ≤ 0.04 dB at 1300 nm (multimode). The cable jacket shall not exhibit evidence of cracking or splitting at the completion of the test. When tested in accordance with FOTP-33, “Fiber Optic Cable Tensile Loading and Bending Test”, using maximum mandrel and sheave diameter of 560 mm, the cable shall withstand a tensile load of 2700 N (608 Ibf) applied for one hour (using “Test Condition II” of the procedure). In addition, the cable sample, while subjected to a minimum load of 2660 N (600 lbf), shall be able to withstand a twist of 360 degrees in a length of less than 3 meters. The magnitude of the attenuation change shall be within the repeatability of the measurement system of 90% of the test fibers. The remaining 10% of the fibers shall not experience an attenuation change greater than 0.1 dB at 1550 nm. The repeatability of the measurement system is typically ± 0.05 dB or less. The average increase in attenuation for fibers shall be ≤ 0.40 dB at ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 67 1300 nm (multimode). The cable shall not experience a measurable increase in attenuation when subjected to the rated residual tensile load, 890 N (200lbf). When tested in accordance with FOTP-85, “Fiber Optic Cable Twist Test”, a length of cable no greater than 2 meters will withstand 10 cycles of mechanical twisting. The magnitude of the attenuation change will be within the repeatability of the measurement system for 90% of the test fibers. The remaining 10% of the fibers will not experience an attenuation change greater than 0.1 dB at 1550 nm. The repeatability of the measurement system is typically ± 0.05 dB or less. The average increase in attenuation for fibers shall be ≤ 0.40 dB at 1300 nm (multimode). The cable jacket will exhibit no cracking or splitting when observed under 5X magnification after completion of the test. When tested in accordance with the proposed FOP-181, “Lighting Damage Susceptibility Test for Fiber Optic Cables with Metallic Components”, the cable shall withstand a simulated lighting strike with a peak value of the current pulse ≥ 105 kA. The test current used shall be damped oscillatory with a maximum time-to-peak value of 15μs (which corresponds to a minimum frequency of 16.7 kHz) and a maximum frequency of 30 kHz. The time of half-value of the waveform envelope (t2) shall be from 40 - 70μs. In addition to the analysis criterion set forth in FOTP-181, the integrity of the buffer tubes (or analogous loose tube, i.e., core tube) and strength members must be intact after removal of the cable specimens from the test box. E. Quality Assurance Provisions. All optical fibers shall be proof tested by the fiber manufacturer at a minimum load of 100 ksi. All optical fibers shall be 100% attenuation tested. The attenuation of each fiber shall be provided with each cable reel. F. Packaging. The complete cable shall be packaged for shipment on non-returnable wooden reels. Top and bottom ends of the cable shall be available for testing. Both ends of the cable shall be sealed to prevent the ingress of moisture. Each reel shall have a weatherproof reel tag attached identifying the reel and cable. Each cable shall be accompanied by a cable data sheet that contains significant information on the cable. G. Miscellaneous. The cable manufacturer shall provide installation procedures and technical support concerning the items contained in this specification. H. Testing. When fiber optic cable is installed, the fiber optic cable test shall consist of the testing of both multimode and single mode fiber optic cable. The testing procedures involve an OTDR test and an Optical Power Meter Test. The guidelines for fiber optic cable testing include: i. Test jumpers and patch cords must be of the same fiber core size and connector type as the cable system: (1) Multimode fiber 62.5/125 μm (2) Singlemode fiber 8.3/125 μm ii. The light source and OTDR must operate within the range of 850±30 nm or 1300±20 nm for multimode testing in accordance with ANSI/EIA/TIA-526-14. iii. The light source and OTDR must operate with the range of 1310±10 nm or 1550±20 nm for singlemode testing in accordance with ANSI/EIA/TIA-526-7. iv. The power meter and the light source must be set to the same wavelength during testing. v. The power meter must be calibrated and traceable to the National Institute of Standards and Technology (NIST). vi. All system connectors, adapters and jumpers must be cleaned as per manufacturer’s instructions before measurements are taken. 3. Service Cable. 2 #THHN-8, 7 strands tinned soft drawn copper wire, 1/16 inch neoprene insulation, black and white in color. Conductors shall be twisted. 4. Loop Wire. Single conductor #14, stranded THHN as supplied by Detect-A-Duct. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 68 5. Pedestrian Push-button Cable. One 3 conductor #14 seven strands tinned soft drawn copper wire, 1/16 inch neoprene insulation, conductors to be twisted. Color coded, 1 white, 1 red, and 1 black. 6. Loop Lead-In Cable. 2 conductor, Canoga CC3003. 7. Ground. Single conductor, AWG #6, soft drawn bare solid copper wire. Add subsections 614.08 (n) – (t) as follows: (n) Video Detection. Where specified on the plans, video detection shall be installed. The following describes the minimum requirements for providing a complete Video Detection System. Initially, the system shall be capable of providing presence vehicle detection at selected intersections. The video system shall be expandable without removing or replacing existing units. Acceptable systems include that of any manufacturer, provided such equipment meets all qualifying specifications identified herein. Using standard image sensor optics and in the absence of occlusion, the system shall be able to detect vehicle presence with 98% accuracy under normal conditions (days and nights), and 96% accuracy under adverse conditions (fog, rain, snow). All items and materials furnished shall be new, unused, current production models installed and operational in a user environment and shall be items currently in distribution. The products algorithms shall have a proven record of field use at other installations for at least two (2) years of service i.e., not including prototype field trials prior to installation. 1. General. These technical specifications describe the minimum physical and functional properties of a video detection system. The system shall be capable of monitoring all licensed vehicles on the roadway, providing video detection for areas outlined in the construction drawings. The entire video detection system shall consist of the following: A. Video Image processing unit(s) B. Video Camera(s) with IR filter, enclosure, and sunshield C. Camera Lens D. Surge suppresser E. All other necessary equipment for operation 2. Video Image Processing Unit. The Video Image Processing Unit shall be Traficon Model VIP3.1 or VIP3.2, the second releases of the VIP3 board. The new boards shall fit directly into the 170 and NEMA racks without an interface box. The VIP3.1 shall monitor one camera and the W3.2 shall monitor two (2) separate cameras. Video inputs to either unit shall enter through the input file or detector rack edge connector. The Video Image Processing Unit shall be located on one module, daughter PC cards connected through ribbon cables shall not be allowed. On each camera the presence is detected on 24 zones. Counting data can be stored for up to 6 different lanes. The up to 4000 records stored on board can be retrieved via a RS232 port on the front. All probes (24 for two cameras) can be combined in different relationships (AND, OR, NOT) to 24 outputs. 20 digital inputs to allow to expand the conditional output with external equipment. Also conditional count is possible. All probes and parameters can be changed without stopping the detection. For example: when one probe is modified all probes continue to work, including the one that is being modified. When the new position is confirmed, the new probe will enter a learning phase. Once the new probe is in function, it will take over the job of the old one. In this way, the detector is always fully operational with no interrupt on any probe, even during modification. Four detector configurations can be stored on board. Software download from PC via serial port is possible. Specifications: A. 1 or 2 camera inputs B. 24 digital outputs C. 20 digital inputs D. Fits direct into the NEMA rack without additional adapter E. 24 direction sensible detector probes per camera, including up to 6 counting probes per camera F. Stores counts for 4000 intervals G. Detection results of all detection probes can be combined with the inputs to the related outputs. AND, OR, NOT H. 4 configurations stored on board I. Modifications with no interruption on all probes J. Setup via keypad and monitor (no pointing device needed) ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 69 K. Software update via RS232 The video detection board will have only 4 outputs and will use expansion boards for additional input and output. The video detection (Main) board will have the following on the front: A. One Male DB9 for connection with the first expansion board B. One Female DB9 for setup with keypad (Service port) C. LEDs for outputs on board (2 for cam 1 and 2 for camera 2), power, Video Cam 1 and Video Cam2, Communication with expansions D. One video output for setup via keypad E. A switch to select which image to be on the service output The input/output expansion board will have the following on the front: A. LED’s for power, Expansion communication, In/output activity B. 2 DB9 ports for communication with Master or other expansion boards C. An 8-dipswitch device to select the following: i. Input or Output Range: 1-12 or 13-24 ii. Input or Output number (see example for more info) (o) On Street Master Controller. The traffic signal master controller shall be an Econolite Cobalt-C master controller with most recent software version. No equal or equivalent will be considered. The master controller shall be wired into a cabinet assembly which also includes a local intersection equipment configuration. The cabinet shall be wired complete with master connecting cables in accordance with applicable portions of the local controller cabinet specifications. The incoming power service and interconnect terminals shall be adequately equipped with surge arrestors to protect against high energy transients. (p) Miscellaneous Hardware. 1. Aluminum pedestal mounts (Type ITT) shall be either of two types as called for in the plans specifications: A. Center mount with two side ports plain B. Offset mount separated with one side port 2. Covers for valve pull boxes shall have the word "Traffic" cast into them to avoid confusion with water valve boxes. (q) Instructions and Wiring Diagrams. All equipment shall be provided with complete installation instructions, including a complete chart of field connections, as well as manuals for the controller containing service instructions including wiring diagrams, troubleshooting procedures, etc. Each and every component used shall be clearly referenced in the service manual and its value, ratings and manufacturer's part number shall be given. (r) Emergency Vehicle Detectors. Optical Communication Detectors for emergency vehicle pre-emption shall be the 3M Model 711, 712 or 722 Optical Detector or approved equivalent as specified in the construction plan notes. Placement of the Detectors shall be determined by the Engineer. Optical phase selector modules for emergency vehicle pre-emption shall be 3M Model M752 or approved equal. (s) Uninterruptible Power Supply (UPS). A UPS shall be incorporated in all new traffic signals and where otherwise specified in the plans. UPS shall be “SH1200UR TRAFFIC UPS” as manufactured by Signal Sense or approved equal and shall be installed per manufacturer’s specifications. All UPS equipment shall be housed either entirely in the traffic signal cabinet or entirely in a separate cabinet, which matches the requirements of the traffic signal cabinet, as specified in the plans. The UPS equipment shall include the following hardware: 1. Manual bypass switch to by which the UPS unit is bypassed and runs off utility power. 2. Generator receptacle accessible from the exterior of the cabinet with the UPS equipment. 3. Automatic sensor to detect generator power. 4. The UPS equipment shall include a display with the following indications, alarms, and faults: A. Battery charge level. B. UPS load level. C. Presence or absence of a critical UPS fault. D. Presence or absence of utility power. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 70 The UPS equipment shall meet the following operational specifications: 1. Source input: 120 Vac, 60 Hz, single phase with input surge suppression. 2. Output: 120 Vac + 3%, 60 Hz, single phase pure sine wave 3. Operating voltage range: 85 Vac – 135 Vac 4. Include the following user definable settings: A. Full run time prior to the UPS transitioning to flash operation. B. Battery level flash. C. Trigger options to notify owner of critical events and/or failures. The UPS equipment shall meet the following operational characteristics: 1. Installed in series with the utility power such that the UPS powers the entire traffic signal cabinet and all associated equipment. 2. Provide an automatic bypass by which the UPS unit is bypassed and runs off utility power if a critical internal UPS fault occurs. 3. Provide full signal operation for a minimum of one hour, with additional flash time for a minimum of two hours. 4. Operate in an always on condition continuously monitoring the input and shall provide continuous frequency and voltage regulation at the output. Upon loss of power, the UPS shall transfer to full UPS operation in < 5 ms. 5. Remain in or automatically transfer to flash operation when utility power AND the UPS battery levels are below, or fall below, the battery level flash setting. 6. Restore the signal to full operation when utility power is restored. 7. Operate under generator power under the following conditions: A. Full signal operation regardless of the UPS battery charge levels. B. Recharge the UPS batteries. C. Bypass utility power. D. If generator power fails, operates outside acceptable signal tolerances, or is disconnected, the UPS unit shall automatically revert back to either utility power or UPS battery power based on availability. 8. Recharge the UPS batteries within 10 hours. 9. Low battery cutout to prevent critical discharge of, and damage to, the UPS batteries. (t) Thermal Detection. Where specified on the plans, thermal detection shall be installed. The following describes the minimum requirements for providing a complete Thermal Detection System. Initially, the system shall be capable of providing presence vehicle detection at selected intersections. The thermal system shall be expandable without removing or replacing existing units. Acceptable systems include that of any manufacturer, provided such equipment meets all qualifying specifications identified herein. Using standard thermal sensors and in the absence of occlusion, the system shall be able to detect vehicle and cyclist presence with 98% accuracy under normal conditions (days and nights), and 96% accuracy under adverse conditions (fog, rain, snow). All items and materials furnished shall be new, unused, current production models installed and operational in a user environment and shall be items currently in distribution. The products algorithms shall have a proven record of field use at other installations for at least two (2) years of service i.e., not including prototype field trials prior to installation. 3. General. These technical specifications describe the minimum physical and functional properties of a thermal detection system. The system shall be capable of monitoring all licensed vehicles on the roadway, providing thermal detection for areas outlined in the construction drawings. The entire thermal detection system shall consist of the following: A. Thermal Image processing unit(s) B. Thermal Camera(s) with enclosure and sunshield C. Camera Lens D. Surge suppresser E. All other necessary equipment for operation 4. Thermal Image Processing Unit. The Thermal Image Processing Unit shall be compatible with the Video Detection equipment specified in Sub-section 614.08 (n). The new boards shall fit directly into the 170 and NEMA racks without an interface box. Inputs shall enter through the input file or detector rack edge connector. The Thermal Image Processing Unit shall be located on one module, daughter PC cards connected through ribbon cables shall not be allowed. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 71 On each camera the presence is detected on 24 zones. Counting data can be stored for up to 6 different lanes. The up to 4000 records stored on board can be retrieved via a RS232 port on the front. All probes (24 for two cameras) can be combined in different relationships (AND, OR, NOT) to 24 outputs. 20 digital inputs to allow to expand the conditional output with external equipment. Also conditional count is possible. All probes and parameters can be changed without stopping the detection. For example: when one probe is modified all probes continue to work, including the one that is being modified. When the new position is confirmed, the new probe will enter a learning phase. Once the new probe is in function it will take over the job of the old one. In this way, the detector is always full operational with no interrupt on any probe, even during modification. Four detector configurations can be stored on board. Software download from PC via serial port is possible. Specifications: A. 1 or 2 camera inputs B. 24 digital outputs C. 20 digital inputs D. Fits direct into the NEMA rack without additional adapter E. 24 direction sensible detector probes per camera, including up to 6 counting probes per camera F. Stores counts for 4000 intervals. G. Detection results of all detection probes can be combined with the inputs to the related outputs. AND, OR, NOT H. 4 configurations stored on board I. Modifications with no interruption on all probes J. Setup via keypad and monitor (no pointing device needed) K. Software update via RS232 The thermal detection board will have only 4 outputs and will use expansion boards for additional input and output. The thermal detection (Main) board will have the following on the front: A. One Male DB9 for connection with the first expansion board B. One Female DB9 for setup with keypad (Service port) C. LEDs for outputs on board (2 for cam 1 and 2 for camera 2), power, Thermal Cam 1 and Thermal Cam2, Communication with expansions D. One video output for setup via keypad E. A switch to select which image to be on the service output The input/output expansion board will have the following on the front: D. LED’s for power, Expansion communication, In/output activity E. 2 DB9 ports for communication with Master or other expansion boards F. An 8-dipswitch device to select the following: i. Input or Output Range: 1-12 or 13-24 ii. Input or Output number (see example for more info) Subsection 614.10 (a) shall include the following: 1. Intersection Power. The contractor shall notify the Engineer 2 weeks prior to the signal turn-on so that orders may be issued to Xcel Energy for power connection to the intersection on the specified turn-on date. 2. All traffic signal equipment which is removed shall remain the property of the City. Such property shall be removed from the work site and returned by the Contractor to the City Maintenance Facility, 11220 West 45th Place. Work relating to the salvage and delivery of salvage material to the City Shops Yards will be incidental to the Project. 3. When existing traffic signal installations are modified or completely rebuilt, the Contractor shall work around existing traffic signal equipment until the new or modified traffic signal system has been installed and put into operation. If the existing traffic signal equipment must be removed to accommodate the new construction, the contractor shall, if directed by the Engineer, install temporary overhead traffic signal equipment. The contractor shall at all times maintain a minimum of 2 12 inch, three-section (red, yellow, green) traffic signal heads for each roadway approach. If, during construction, a traffic signal must be turned off so that there are no indications in one or more directions, the contractor shall, if so directed by the Engineer, provide a uniformed traffic officer to direct traffic. Provision of temporary signal equipment or uniformed traffic control will be paid for at contract unit prices or paid for as extra work ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 72 4. During construction, if traffic signal heads have been installed, but are not ready for actual electrical connection, such heads will be totally covered. If the covering material should come loose, the contractor must replace or repair covering within 6 hours of notification. 5. Equipment List and Drawings. The contractor shall submit with his Bid a list of equipment and material which he proposes to furnish, including all equipment and material as identified on the plans or in the specifications by the manufacturer's name which is necessary or customary in the trade to identify such equipment and material. The list shall be complete as to name of manufacturer, size and catalog number of unit, and shall be supplemented by such other data as may be required. Inspection or sampling of any material other than those already approved according to the material specifications will be made by the Engineer or his designee prior to installation. If the Contractor proposes a substitution of equipment called for in the plans or specifications, he shall provide additional information to prove the substitution item is of equal or superior quality. Any material and/or equipment installed by the Contractor that is not in conformance with the City’s specifications will be removed or changed at the contractor's expense. Upon completion of the work, the contractor shall submit "record drawings" or corrected plan showing in detail all construction changes, including, but not limited to, wiring, cable, and location and depth of conduit. This information is in addition to wiring diagrams and other required information. Subsection 614.10 (b) shall include the following: A common neutral conductor, separate from the signal light circuit neutral, shall be used for all low voltage circuits, including the detectors and pedestrian push-button circuit. A small permanent tag with permanent markings on which the direction and phase is printed, in the order named, using the codes given in "Cable Schedule", shall be securely attached near the end of each conductor at each controller, standard, or pull box where conductors are separated. Where direction and phase are not clearly indicated by conductor insulation, additional tags shall be used. Cable Schedule PHASE COLOR OF TAPE WIRE TAG 1- Northbound Left Turn Red/White NBLT 2- Northbound Red NB 3- Northbound Left Turn Green/White SBLT 4- Southbound Green SB 5- Eastbound Left Turn Orange/White EBLT 6- Eastbound Orange EB 7- Westbound Left Turn Blue/White WBLT 8- Westbound Blue WB 9- Pedestrian Yellow PED NOTE: This is a typical cable schedule and shall be used for the wiring of all signal installations. A new cable schedule will be noted on the plans at each intersection where different phasing and/or special equipment is required. It should be noted that a band of white is used to indicate a left turn and yellow for a pedestrian movement. This is in addition to directional tape for the phase. For cable size and number of conductors, see Traffic Signal Material Specifications and/or Standard Drawings. In subsection 614.10 (b) delete the seventh paragraph and replace with the following: In no case shall any shellac compounds be used. All connections shall be wire nut connectors. Connections shall be DIAPERED and sealed with non-conducting silicone at all splices. Splices in underground systems shall be waterproofed. A minimum of 12 inches of slack shall be left at each splice except within handholes where 24 inches shall be left. Subsection 614.10 (c) shall include the following: Interconnect cable shall be grounded only at one end. Bonding and grounding jumpers shall be solid copper wire, #6 AWG for all systems. The ground electrode shall be driven into the ground so as the top is 2 inches above the bottom of the pull box. The ground rod connector will be placed so that the bare solid copper wire (#6) can be pulled into a pole, pedestal, or attached to the control cabinet ground buss. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 73 Subsection 614.10 (d) shall include the following: Excavations, other than for conduit, shall be backfilled with Structure Backfill (Class 1). The surface of the backfill material will be placed to the bottom of the pavement repair or to 6 inches below surface in unpaved areas. The final layer of material will be identical to the material surrounding the backfilled section. When excavations must remain open overnight, they shall be properly marked to warn motorists and/or pedestrians according to the most recent revision of Part VI in the "Manual on Uniform Traffic Control Devices for Streets and Highways". Subsection 614.10 (e) shall include the following: All foundations shall be fiberglass, polymer, or Portland cement concrete, class BZ. The exposed portions shall be formed with "Sonotube" to present a neat appearance. Sonotube forms shall not extend below finished grade more than 1 foot. Precast traffic signal pole footings shall be installed in drilled holes, with tamped sand backfill material. Precast signal footings are not to be used with poles with mast arms. Anchor bolts shall conform to the specifications of the manufacturer of the poles and mast arms and each individual bolt shall have 2 flat washers, 1 lock washer and 2 nuts. Shims or other similar devices for plumbing or raking will not be permitted. Threaded portions of the anchor bolts shall be protected from contamination with concrete or other damage. Forms shall not be removed until the concrete has thoroughly set. Any abandoned foundation shall be removed to 18 inches below finish sub-grade and disposed of by the contractor. Any conduit runs associated with an abandoned foundation shall be extended or abandoned as called for on the plans. When a foundation is removed, the hole shall be backfilled in accordance with subsection 614.10 (d). Subsection 614.10 (f) shall include the following: Each individual detector loop is to be terminated within a pull box or water valve housing as specified on the construction drawings and each loop shall consist of one continuous wire, without splicing, to this termination point. Any required series or parallel connections are to be at the termination point. Detector loops are to be constructed using DETECTADUCT 14 gauge one conductor IMSA Spec #51-5. The loop run shall go through the water valve pull box unspliced to the Quazite pull box located off the roadway. Canoga lead in wire between the Quazite box and the controller cabinet shall be continuous through intermediate pull boxes without splices. All field wires shall be tagged and color coded with permanent markings in the cabinet. All loops shall have a tag attached to the leading clockwise lead of the loop. This tag shall be marked to indicate the relative location of the loop. This marking shall correspond directly to the loop designations on the intersection drawing provided in the contract. Detector loop roadway slots shall be sealed to the surface level of the original roadway with 3M Loop Sealant or approved equal. This sealant is to be used whether or not the roadway is to be overlaid. All presence detector loops shall be quadrapole type, dimensioned as shown on the plans or located in the field, and shall be installed with 2-4-2 turns. Subsection 614.10 (j) shall include the following: The contractor shall have full maintenance responsibility of the traffic signal installation from the date of the written Notice to Proceed to the Final Inspection and written approval of the work performed under the contract. Prior to the functional test, the system shall be operated on flash for seven calendar days. The functional test for each traffic signal system shall consist of not less than fourteen calendar days of continuous, satisfactory operation. During the seven day signal flash time and the fourteen day functional test period, the contractor will maintain the system or systems. The cost of any maintenance necessary, except electrical energy, shall be borne by the contractor and will be considered as included in the price paid for the contract items involved and no additional compensation will be allowed, therefore. In subsection 614.10 (j) 4. change all test period references from 5 days to 14 days. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 74 Add subsections 614.10 (k) – (n) as follows: (k) Conduits. All metal conduit referred to in the specifications and shown on the plans shall be rigid and adequately galvanized, or approved equal. All PVC conduit will be of schedule 80 or heavier. Galvanized rigid conduit shall be used only for installations above grade. All signal cable conduit shall be not less than 3 inches inside diameter. Conduit for low voltage conductor (pedestrian and vehicle detector) shall not be less than 2 inches inside diameter. Conduit between power pole and controller cabinet used for Xcel Energy feed and interconnect cable (where not supplied by Xcel Energy) shall be 2 inches inside diameter. The contractor, at his sole expense, may use larger conduit if desired. Where larger conduit is used, it shall be for the entire length of the run from outlet. No reducing couplings will be permitted underground. The ends of all metal conduit, existing or new, shall be well reamed to remove burrs and rough edges. Ends shall be capped or otherwise closed off until cable is pulled. Field cuts of existing or new conduit shall be made square and true, and the ends shall butt together for the full circumference thereof. Slip joints of running thread will not be permitted for coupling metal conduit. When a standard coupling cannot be used, an approved threaded union coupling shall be used. All couplings shall be screwed up until the ends of the metal conduits are brought together. Joints for PVC pipe shall be cut square and true and the ends shall butt together for the full circumference. All Joints shall be solvent welded unless otherwise approved. Slip joints may be used to joint two separate runs of conduit. Where a "stub-out" is called for on the plans, a sweeping "ell" shall be installed in the direction indicated and properly capped. The ends of all conduits in structures or terminating at curbs shall be marked by a "Y" at least 3 inches high, cut into the face of the curb, gutter or wall directly above the conduit. Conduit bends, except factory bends, shall have a radius of not less than 6 times the inside diameter of the conduit. Where factory bends are not used, conduit shall be bent without crimping or flattening, using the longest radius practical. Conduit shall be laid at a depth of not less than 24 inches below the curb gutter grade in the sidewalk areas and to a depth of not less than 24 inches below the finished sub-grade in all other areas. Conduit under railroad tracks shall be not less than 48 inches below the bottom of the tie or as directed by the owning railroad company. Trench excavations for conduit shall be 2 inches wider than the outside diameter of the conduit. Backfilling of conduit trenches shall be accomplished by placing Structure Backfill (flowfill) up to the bottom surface of the roadway pavement material. The remaining portion of the excavation shall be backfilled with the same type of material used to construct the existing roadway surface. Care shall be taken during placement of multiple conduit runs in one trench to ensure Structure Backfill (flowfill) completely surrounds the conduit. Conduit shall always enter a pedestal base, pull box, or any other type structure from the direction of the run only. Conduit terminating in a standard or pedestal shall extend approximately 2 inches above foundation vertically. The conduit shall be installed in such a way that it will slope toward the handhole opening. All conduit runs that exceed 10 feet in length shall have a continuous 1/4 inch diameter nylon line pulled into the conduit along with the specified electrical cables. The line shall be firmly secured at each end of the conduit run with a minimum slack of 3 feet. The purpose of this line is to be able to pull future electrical cable through the existing conduit runs. Existing underground conduit to be incorporated into a new system shall be cleaned with a mandrel or blown out with compressed air. New conduit runs shown on the plans are for bidding purposes only and may be changed with approval of or as directed by the Engineer. All conduit connections at pull boxes shall be tightly secured and waterproofed. Conduit entering controller cabinets shall be sealed by the use of paraffin or other approved sealing compound or as directed by the engineer. (l) Pull Boxes. A pull box shall always be installed in combination with a steel strain pole and at all other locations shown on the plans and at such additional points as ordered by the engineer. The contractor may install, at his own expense, any additional pull box he may desire in order to facilitate the work and as approved by the engineer. Special pull boxes and extensions which are required shall be fabricated and installed in general conformance with the size and details shown on standard drawings. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 75 Pull boxes installed in finished areas shall be designed for such installations and shall be stackable and manufactured of a pre-cast polymer concrete material such as Quazite or an approved equal. Pull boxes shall be installed so that the covers are level with curb or sidewalk grade or level with the surrounding ground when no grade is established. The bottoms of all pull boxes shall be bedded in six (6) inches of crushed rock. When a new conduit run enters an existing pull box, the Contractor shall remove the pull box or tunnel under the side at no less than 18 inches and enter from the direction of the run. No new conduit will be allowed to enter a new or existing pull box in any other manner than that shown on the standard drawings. Traffic valve pull boxes installed in the street shall be placed according to the plans or as directed by the engineer. The lids shall have the word "Traffic" cast into them. New pull boxes will not be paid for separately, but shall be included in the cost of conduit. (m) Controller and Cabinet. A controller shall consist of a complete electrical mechanism for controlling the operation of traffic control signals, including the timing mechanism and all necessary auxiliary equipment. Each control cabinet shall be mounted on a base as shown on the drawings. All electrical conduits running to the control cabinet shall enter from the bottom. No holes shall be drilled in any part of the cabinet other than the bottom unless otherwise called for on the drawings. All controller cabinets and control equipment shall be factory wired, ready for operation; field work will be limited to placing cabinets and equipment and the connecting of field wiring to field to field terminal strips. All cabinet wiring shall be neat and firm and all harness and cabinet wiring shall be brought out to a backboard and terminated. The model and/or serial number shall appear on the controller and cabinet. All auxiliary equipment shall be of the most current design. At the Contractor’s request, the Engineer will provide, during the construction period, an additional external lock for the controller cabinet to maintain security of the controller cabinet. Flashing operation shall be set for flashing yellow on main street approaches and flashing red on all other approaches in accordance with the "Manual on Uniform Traffic Control Devices". The flashing mechanism shall remain operational during removal of the controller. (n) Traffic Signals and Mast Arms. Traffic signal heads requiring backboards shall be drilled for rivets or self-tapping screws. If the manufacturer fails to supply as described, it will be the contractor's responsibility to do so. Mast arm brackets shall be Astro Brackets or the equivalent and shall be installed 90 degrees to the roadway. In subsection 614.13, delete the fourth, sixth, seventh, ninth, tenth, eleventh, twelfth, and thirteenth paragraph and replace with the following: Traffic signs will be measured by unit including all materials included in the steel sign post and sign panel and other work necessary to complete the item. In subsection 614.13, delete the twenty second and twenty third paragraphs and replace with the following: Traffic loops will be measured by unit including all materials and other work to complete the item. Subsection 614.13 shall include the following: Rectangular Rapid Flashing Beacon assemblies will be measured by the unit including the two sign assemblies, conduit and cables, pedestrian push buttons, solar panels, batteries and chargers, and all other materials and work to complete this item. Subsection 614.14 shall include the following: Pay Item Pay Unit Traffic Sign Each Traffic Loop Each Rectangular Rapid Flashing Beacon Assembly Each Add subsection 614 as follows: 614.15 Rectangular Rapid Flashing Beacon. (Added subsection) The Rectangular Rapid Flashing Beacon consists of two school crosswalk warning assemblies located at each end of the crosswalk. Each assembly consists of a rectangular rapid flashing beacon. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 76 The flashing LED lights will be the latest generation high intensity yellow colored LEDs. The lights will be pedestrian actuated with a pedestrian push button that conforms to the requirements of subsection 614.08 (f). Both assemblies will be actuated from either push button on each end of the crosswalk. The lights will flash for 45 seconds after actuation. The sign shall be solar powered with an 80 watt solar panel, backup battery, and charger mounted on the pole with the sign. The pole will be a 14 foot long aluminum pole with a minimum outside diameter of 4 ½ inches, base, collar, and all other mounting hardware included. Revised 03/2023 REVISION OF SECTION 627 PAVEMENT MARKING Section 627 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 627.08 shall include the following: Application of pre-formed plastic pavement marking materials shall be in accordance with the manufacturer’s specifications. Contractor shall submit manufacturer’s pavement surface preparation and application specifications, for each type of marking material, for approval by the Engineer. Pre-formed plastic pavement marking materials shall be inlaid into fresh pavement when the pavement temperature is between 135 degrees and 150 degrees. In subsection 627.12, in the second and third paragraphs, delete all references to “gallons” and replace with “linear feet”. In subsection 627.12, in the fourth paragraph, delete all references to “square feet” and replace with “linear feet”. In subsection 627.12 delete the sixth paragraph and replace with the following: Pavement word and symbol markings, transverse and longitudinal crosswalk lines, and stop lines will not be measured, but shall be the number of symbols placed or the linear feet of marking, color and width as specified, placed. In subsection 627.13, the pay units for the first nine pay items shall be changed to “linear foot”. In subsection 627.13, the pay units for the last seven pay items shall be changed to “each”. Subsection 627.13 shall include the following: Pay Item Pay Unit Preformed Pavement Marking (Handicap) Each Preformed Pavement Marking (Type – ____ SF) Each Revised 03/2023 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 630.10 shall include the following: If the Contract Documents do not include a Traffic Control Plan (TCP), the Contractor shall submit a method for handling traffic (MHT). The MHT must utilize the Manual on Uniform Traffic Control Devices (MUTCD) or Standard Plans S-630-1 and S-630-2 for devices that are proposed. Approval of the MHT does not relieve the Contractor of traffic control liability specifically assigned to him under this Contract. A copy of the approved MHT shall be available at the project site at all times in order that Division personnel may verify compliance with the specified traffic control requirements. The Contractor's MHT shall also include the following: (1) The number of flag persons to be used. (2) The number of authorized 24-hour days a traffic control supervisor will be required. The Contractor shall erect and maintain warning lights, signs, barricades and sufficient safeguards around all excavations, embankments and obstructions. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 77 Subsection 630.13 shall include the following: The Contractor shall provide an inventory of all existing pavement marking to be disturbed to the Engineer prior to beginning work. All warning and construction zone traffic control devices shall bear the name, address and phone number of the barricade company that owns them. The phone number shall be a 24 hour a day dispatched hot line in the event an emergency situation occurs where additional devices are needed, or existing devices must be removed. The Contractor shall install construction zone traffic control devices in locations where they do not block or impede sidewalks for pedestrians, disabled persons, bicyclists or other existing traffic control devices. A minimum four foot wide, unobstructed, sidewalk area is to be maintained where possible. In the event that a minimum four foot wide sidewalk area with a minimum overhead clearance of 7 feet 6 inches cannot be maintained, a pedestrian/bicycle detour plan shall be submitted in conjunction with the traffic control plan. All existing traffic control devices including traffic signals, signs, and pavement markings that are compatible with the construction zone traffic control shall remain visible and fully operational. If these devices are incompatible with the temporary construction, they shall be covered, relocated or removed. Whenever the Contractor removes, obliterates or covers in any way, any pavement markings including lane lines and crosswalks, he shall replace them on a daily basis. Prior to opening affected areas to traffic, all pavement marking shall be placed in accordance with the Plans and Specifications or as directed by the Engineer. The Contractor shall equip all vehicles operating within the moving lanes with flashing amber lights visible from all directions. Subsection 630.18 shall include the following: Signs, barricades, traffic channelizing devices, flashing beacons (portable), method of handling traffic, traffic control supervisor, flagging, and all other requirements of Subsection 630 are included in the pay item for Traffic Control Management unless they are identified in the Bid Schedule as separate pay items. Subsection 630.19 shall include the following: No payment will be made under Section 630 until the method of handling traffic (MHT) has been submitted and accepted. Pay Item Pay Unit Traffic Control Management Lump Sum Revised 03/2023 REVISION OF SECTION 713 TRAFFIC CONTROL MATERIALS Section 713 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 713.13 shall include the following: Pre-formed plastic pavement marking material shall be the following or equal: Surface Brand Series Product Concrete 3M Stamark A 420 Asphalt 3M Stamark A 5730 Revised 03/2023 REVISION OF SECTION 715 LIGHTING AND ELECTRICAL MATERIALS Section 715 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 715.03 shall include the following: (d) In-use Receptacles. Receptacles shall be GFCI duplex receptacles with an “in-use” weatherproof cover. The receptacle shall be located at least eleven feet above the base of the pole for light installation, if applicable. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 78 Revised 03/2023 SECTION 720 MATERIALS SAMPLING AND TESTING Section 720 is hereby added for this project as follows: DESCRIPTION 720.01 Materials sampling and testing shall be performed under the Contract by an independent materials testing company. This work shall include all necessary labor, equipment and material required for sampling and testing materials or finished products in accordance with the specifications of this section. Unless otherwise designated, all referenced specifications, standards or policies shall be the latest edition as revised or updated by approved supplements published and issued prior to the date of the advertisement for bids CONSTRUCTION REQUIREMENTS 720.02 All materials sampling and testing shall be performed by certified, experienced and qualified materials testing technicians who work under the supervision of a registered professional engineer in the State of Colorado, practicing in this field. At the request of the Engineer, the Contractor shall require the materials testing company to replace any technician who cannot satisfactorily perform the testing duties. 720.03 All materials sampling and testing equipment shall be serviceable and have been currently calibrated. At the request of the Engineer, the Contractor shall require the materials testing company to replace any testing equipment that is not satisfactory. 720.04 Retesting the density of subgrade and base course materials shall be required at the Contractor’s expense, if they are reworked or weather causes the materials to become wet, dry or frozen. 720.05 Materials testing technicians shall furnish copies of failed test results to the Engineer within two working days of completion of testing and prior to the next construction phase. On a weekly basis, the Contractor shall furnish the Engineer with copies of all test results taken during that week and a cover letter, signed by the supervising registered professional engineer, which summarizes the results and discusses any failed tests or inconsistencies. 720.06 The City materials testing requirements are provided in Table 720-1. All testing procedures, point of verification and central lab requirements shall be as specified in the Frequency Guide Schedule of the Colorado Department of Transportation Field Materials Manual. Without increasing the total number of tests or samples required, the Engineer or Inspector may change the test locations from the frequency spacing shown in Table 720-1. One test is required for any fraction of the specified frequency. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 79 Table 720-1 City of Wheat Ridge Materials Testing Requirements Type of Test Frequency Remarks Soil Survey (Classification), AASHTO M 145 1 per 500 feet of roadway or pipe trench Surveys for roadway and trench may be combined Moisture-Density Curve, AASHTO T 99 1 per on-site soil type 1 per import material source AASHTO method determined by soil or materials type Embankment in-place density, Colorado Procedures 1 per 250 feet per lane per 6 inch loose lift Minimum density per soil classification, Section 203.07 Roadway subgrade in-place density, Colorado Procedures 1 per 250 feet per lane Minimum density per soil classification, Section 203.07 Sidewalk subgrade in-place density, Colorado Procedures 1 per 250 feet of sidewalk Minimum density per soil classification, Section 203.07 Pipe trench in-place density, Colorado Procedures 1 per 200 feet of trench per 18 inch vertical interval Minimum density per soil classification, Section 203.07 Aggregate base course in-place density, Colorado Procedures 1 per 250 feet per lane Minimum 95% of maximum density, T 180 Lime treated subgrade in-place density, Colorado Procedures 1 per 250 feet per lane No less than 95% of standard dry density and optimum moisture, T99 Cement treated base in place density, Colorado Procedures 1 per 250 feet per lane Density in accordance with contract documents, T 134 Hot Bituminous Pavement asphalt content and gradation 1 per 1000 tons Within specifications of approved mix design: Binder PG 64-22 Hot Bituminous Pavement in-place density, Colorado Procedures 1 per 100 tons 92 - 96% of maximum density, T 209 Concrete compressive strength, AASHTO Procedures 1 set per 50 cubic yards PCC pavement, structural concrete, sidewalks, and curbing Concrete air content and slump, AASHTO Procedures 1 per 25 cubic yards PCC pavement, structural concrete, sidewalks, and curbing BASIS OF PAYMENT 720.07 Payments for materials sampling and testing will be lump sum. ITB-2023-WHEATRIDGE RECREATION CENTER ASPAHALT OVERLAY AND ADA IMPROVEMENTS Page 80 PROJECT SPECIAL PROVISIONS The CDOT Standard Specifications, Standard Special Provisions, and City Special Provisions are modified with the following Project Special Provisions. Revised 03/2023 CITY SPECIAL NOTE - Phasing of Work Areas The City of Wheat Ridge Recreation Center (WRRC) will be closed to the public from August 21, 2023, to August 25, 2023, for seasonal repairs. This project is intended to be phased with the work occurring on the WRRC roof and in the building during that week. Removal and replacement activities in the rear service road and the rear half of the basketball court parking lot (Phase 0) will need to occur before or after these dates. This is to accommodate the roofing crew and storage needed for the roofing materials and equipment. Concrete work will be completed before final lifts of asphalt. This work consists of curb and gutter replacement, ADA ramps and any sidewalk removal and replacement needed. Concrete work within the entire project area (except Phase 0) shall occur during the week of August 21, 2023 to August 26, 2023. Asphalt work within Phase 1 is desired to occur the week of August 28, 2023. The remaining areas may be phased at the discretion of the Contractor such that police and fire department egress are always be maintained along with accessible parking for recreation center staff and guests. Revised 05/2023 CITY SPECIAL NOTE - Mobilization It is intended that the Contractor will mobilize multiple times to complete the Work. Separate Mobilization line items are listed for Mobilization and Mobilization (Concrete Work). These line items shall include all mobilization costs for the entire project. No additional compensation for mobilization, beyond that in the Lump Sum pricing, will be authorized. Revised 03/2023 CITY SPECIAL NOTE – Asphalt Corner Radii The city requires that the corner radii of an asphalt paved intersection or near a concrete island be included in the finished project such that no portions of the designated street shall remain untouched. This is to prevent the corner “triangles” or radii being left after straight line milling. A detail mill or equivalent shall be used for the removal of these areas. Hand working or machine screeding will be accepted for the backfill and placement of hot mix asphalt mat. Regular accepted compaction techniques and finishing for this area will be accepted. The contractor will be paid for these items in the bid pricing for Hot Mix Asphalt HMA (Ton). Revised 05/2023 CITY SPECIAL NOTE – Reinforcing Glass Grid and HMA Requirements The City of Wheat Ridge Recreation Center parking lots will require the use of a geotextile or fiberglass grid reinforcing fabric underlayment. Tensar Geotextile GS-25 or equivalent shall be utilized for this project. The Contractor shall submit a sample and specification of the proposed material at least 3 business days prior to the proposed installation for approval by the city. The HMA design for asphalt mat has also been suggested by the Colorado Asphalt Paving Association (CAPA). An asphalt design of 1/2 inch, HMA SP-100, PG (58-28) Grade SX or equivalent shall be used on the top and bottom lift. The design of 1/2 inch, HMA SP-100, PG (58-28) Grade S or equivalent shall be used for patching operation at a depth of 6 inches placed in two (2) three-inch lifts. ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 1 PROJECT DOCUMENTS VERSION 01/22 2023 WHEATRIDGE RECREATION CENTER PAVING PROJECT REQUIRED SUBMITTAL DOCUMENTS ITB-2023-WRRC PAVING Prepared by: DEPARTMENT OF PUBLIC WORKS CONSTRUCTION DIVISION CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 The engineering material and data contained in these Project Documents were prepared under the supervision and direction of Maria D’Andrea, Director of Public Works. Bidder must complete and SUBMIT all of the attached forms with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 2 TABLE OF CONTENTS PAGE # REQUIRED SUBMITTAL DOCUMENTS Bidder Acknowledgement Form .......................................................................................... 3 Contractor’s Qualification Form ........................................................................................... 4 List of Subcontractors and Amount ................................................................................... 11 Non-Discrimination Assurance Form ................................................................................. 12 Non-Collusion Affidavit ...................................................................................................... 13 Keep Jobs in Colorado Form ............................................................................................. 14 Proposal Form .................................................................................................................. 16 Bid Bond Form ................................................................................................................... 18 ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 3 CITY OF WHEAT RIDGE ITB-23-0121-Wheat Ridge Recreation Center Paving BID DUE DATE: TUESDAY, JUNE 6, 2023 BY 1:00 PM Local Time 2023 WHEATRIDGE RECREATION CENTER PAVING PROJECT ITB-2023-WRRC PAVING ELECTRONIC BIDS MUST BE SUBMITTED VIA: BidNetDirect.com IMPORTANT: PLEASE READ ENTIRE DOCUMENT Per the attached specifications, terms and conditions. FEIN/SSN (Required) Federal I.D. Number/DUNS Number COMPANY NAME ADDRESS CITY/STATE/ZIP PHONE EMAIL TYPED/PRINTED NAME AUTHORIZED SIGNATURE This is required. Must be digital or in ink. TITLE ACKNOWLEDGE ADDENDAS, MUST INITIAL NUMBER OF ADDENDA (Bidder is responsible for following up on all addendums) DO YOU ACCEPT VISA OR ACH FOR PAYMENT? WHICH IS THE PREFERRED METHOD Do not contact the requesting department or members of the evaluation committee. Signature acknowledges that Bidder: has read the bid documents thoroughly before submitting a bid, will fulfill the obligations in accordance to the scope of work or specifications, terms, and conditions, and is submitting without collusion with any other individual or firm. Do not submit more than one bid from your firm or both bids will be disqualified. Submit bid with authorized signature. Point of Contact: Whitney Mugford-Smith, Procurement Manager wmsmith@ci.wheatridge.co.us or phone 303-235-2811. Do not contact the requesting department. 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. Dominic Fiore ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 4 CONTRACTOR’S QUALIFICATION FORM Your Bid Will Not Be Processed If Incomplete SECTION I - IDENTIFICATION 1. Identification of Applicant Firm A. Exact Legal Name of Applicant Firm DUNS # B. Street Address City State Zip Code C. (Mailing Address, if different from above) D. Primary Company Telephone No. E-mail. E. Applicant Firm's Contact Person for Public Works Office follow-up: Print or Type Name Position Telephone Number F. Has the Applicant Firm changed its address or has the Firm or its Owner(s) operated under any other name(s) including other DBAs in the past five years? If yes, explain fully on a separate sheet of paper. No Yes G. Type of business organization: YEAR organization established: NUMBER of current full time employees: Sole Proprietor Corporation – [Date and State of Incorporation Limited Partnership General Partnership [Date and State of Partnership filing Limited Liability Company Limited Liability Partnership [Date and State of filing Other (describe) Type of service(s) to be provided to the City of Wheat Ridge. General Contractor Concrete Flatwork Storm Sewer Concrete Structures Traffic Signals Slurry Seal Grading Fog Seal Asphalt Paving Crack Sealing Concrete Paving Landscaping Signing Striping Traffic Control Other (describe) ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 5 SECTION II - OWNERSHIP/MANAGEMENT, PROJECT MANAGEMENT, SUPERVISORS, AND RELATED ENTITIES 1. Owners List Owners of Applicant Firm. Full Legal Name Title Years of Related Experience % Of Ownership [Use additional sheets if necessary] 2. Project Management Team, Supervisors and Employees Who Will Be Working Directly On the Project(s). List the full names of the primary employees of the proposed Project Team. Full Legal Name Present Position Years of Related Experience % of Time Devoted to Project Professional Licenses [Use additional sheets if necessary] 3. Resume Attach resumes of the Project Management Team showing the last five years of employment in this field. Resumes must be comprehensive and include of Firms worked for and dates of employment. (RESUMES are not required from Materials Suppliers (Vendors). 4. Contractor’s License(s) The awarded Contractor must obtain or have a current City of Wheat Ridge Municipal Contractor’s License within 7 days of Council approval of bid award. Our Team» DON MANCE Colorado Division Manager Don mance is the division manager for sunland’s colorado division. With over 30 years of experience in the construction industry, he attended CSU and study Business Management and Economics. Don has held positions of operations manager, general manager and production manager. As the division manager, don will ensure the project team produces the highest quality project, delivered on time and on budget. DEREK ARBUTHNOT Project Manager Derek Arbuthnot is a Project Manager for Sunland’s Colorado Division. With a Bachelor of Science Degree in Construction Management from Fort Lewis College, Derek has over eight years of experience in the construction industry and has held positions as a Laborer, Grade Checker, Equipment Operator and Estimator. He is currently an active member of the Colorado Asphalt Pavement Association (CAPA). TINA BEEBE Office Manager Tina Beebe is the Office Manager for Sunland’s Colorado Division. With over 12 years of experience in the construction industry, Tina began her career in accounting. Tina worked for Black Gold Asphalt & Concrete (Black Gold) in Littleton, Colorado for 10 years as an administrator prior to Sunland acquiring the company. In January 2017, Tina became a Dispatcher and was promoted to Office Manager. ERIC ANDRE Project Consultant Eric Andre is a Project Consultant with Sunland’s Colorado Division. He graduated with a Bachelor of Science in Construction Management from Colorado State University. Eric has over 17 years of experience in the construction industry, and is an active member of the Apartment Association of Metro Denver (AAMD) as well as the Building Owners and Managers Association (BOMA). Eric is OSHA certified in confined spaces and has attended a multitude of seminars within the construction industry. As a Project Consultant, Eric is responsible for generating, developing and servicing clients through meetings and selling all asphalt and concrete maintenance solutions offered by Sunland. OUR COLORADO TEAM Our Team» SANTIAGO MEDINA Superintendent Santiago is a Superintendent for Sunland's Colorado Division. He has been in the construction industry for over 30 years, and began working with Sunland Asphalt four years ago. Santiago has obtained his OSHA10 certification. CILLIAN MURRAY Project Consultant Cillian Murray is a Project Consultant with Sunland’s Colorado Division, and has over eight years of experience with Sunland in project management and consulting. Cillian graduated from The University College in Cork, Ireland and speaks three languages. As a Project Consultant, Cillian is responsible for developing relationships and servicing clients for all of their asphalt and concrete needs. BRAD WILLCUT Paving/Sealcoating Superintendent Brad Willcutt is a Paving/Sealcoating Superintendent for Sunland’s Colorado Division. He is a veteran of the United States Marine Corps, and has over 14 years of experience in the construction industry. Brad has held previous positions such as Operations Manager, Assistant General Manager, Project Manager, along with Concrete and Asphalt Manager/Superintendent. He has obtained his OSHA 30 training as well as his City of Aurora Right of Way (ROW) Supervisor License. ANTHONY BERNAL Production Manager Anthony Bernal is the Production Manager for Sunland’s Colorado Division. With a background in asphalt, sealcoat, demo, slurry and striping, Anthony has 20 years of experience in the construction industry. He has held the positions of Division Manager, Production Manager, as well as General Superintendent. As a Production Manager, Anthony oversees the production schedule and manages production resources in Colorado. Anthony is OSHA 10 and 30 Certified as well as CPR Certified. LIZ MANCE Estimator Elizabeth (Liz) Mance is the estimator at Sunland’s Colorado division. With over 5 years of experience in construction industry and a Bachelor’s degree from University of Nebraska in hospitality management, Liz has held positions as a scheduler, project coordinator and estimator. She is currently CPR certified and is an active member of Women of Asphalt MICHAEL DZIUBLA Project Consultant Michael Dziubla is a Project Consultant for Sunland’s Colorado division. Michael has over 26 years in the construction industry experience. Michael graduated from Apollo High School and just last year completed Harvard's Business CORE course. For the last five years Michael worked with Gordian in Colorado and Arizona. In 2019 he brought job order contracting (JOC) to Colorado and have helped many government agencies procure construction projects through JOC. Michael is also OSHA 10 Certified. OUR COLORADO TEAM Our Team» DOUG DECLUSIN Chief Executive Officer Doug DeClusin is the founder and CEO of Sunland Asphalt & Construction, Inc. An active participant in the construction industry, DeClusin has been a member of the Associated General Contractors of America – Arizona Chapter since 2007, and was Chairman of the Board of Directors for the Arizona Chapter in 2013 and 2014. Doug has received multiple accolades throughout his career including the Construction Financial Management Association’s (CFMA) Construction Executive of the Year and the Phoenix Business Journal’s CEO of the Year. He is an active member of Greater Phoenix Leadership and the Executives’ Association of Greater Phoenix, and has been an enthusiastic supporter of charities such as Lead Guitar, Horses Help, The Boys & Girls Club, Ronald McDonald House, MLCC Charities as well as the ASU Del E. Webb School of Construction. TOM LAWLESS Chief Financial Officer Tom Lawless is the Chief Financial Officer for Sunland Asphalt & Construction, Inc. Tom has over thirty years in the industry and is well versed in financial operations. He has a Bachelor of Science degree in Accounting from Kansas State University as well as a CPA license. In addition to managing Sunland’s Accounting department, Tom oversees corporate departments including Human Resources, and Information Technology (IT). Tom is an active member of the Valley of the Sun CFMA Chapter, as well as past president. RENEE MCWENIE, PHR Chief People Officer Renee became associated with Sunland in 2007 assisting with software implementations and process development. She officially joined the company in 2011 as the Training and Development Manager, and was promoted to Chief People Officer. Renee has over 35 years of experience training and leading people in the service and construction industries. Renee attended the University of Arizona and is a member of the Society for Human Resources Management (SHRM) and the Association for Talent Development (ATD). ROGER EISCHEN Senior Vice President - Civil Roger Eischen is the Senior Vice President for Sunland Asphalt & Construction, Inc. and is responsible for overseeing Civil operations in the Southwest. With over 42 years of experience, Roger has held leadership positions of Chief Estimator, Senior Vice President and President for an Arizona based heavy highway contractor. He has successfully managed projects with various municipalities in Arizona and is well versed in Alternative Project Delivery methods, with experience in both Construction Manager at Risk (CMAR) and Design-Build projects. MATT JOHNSON Senior Vice President Matt Johnson is the Senior Vice President of Sunland and leads the Phoenix and Public Works Divisions. He earned a Bachelor of Science degree in Construction Management from Arizona State University’s Del E. Webb School of Construction and has over 23 years of experience in the construction industry. He has managed all sized jobs for agencies and municipalities, specializing in the Job Order Contract (JOC) process. Matt is seasoned in account management, project management, scheduling, cost control, cost accounting and materials procurement. He has successfully managed and completed projects with the Arizona Department of Transportation (ADOT), Maricopa County Department of Transportation (MCDOT), the Cities of Gilbert, Phoenix, Tempe, Tucson, and Yavapai County. Matt is an active member of both the Arizona General Contractors Association (AGC) and Vistage Worldwide, Inc. OUR EXECUTIVE TEAM Our Team» TERRY BARTU Nevada Division Manager Terry Bartu is the Nevada Division Manager for Sunland Asphalt & Con- struction, Inc. in Las Vegas, Nevada. He began his career with Lamb Asphalt in 1987 and was hired as a General Superintendent when Sunland ac- quired Lamb in 2010. Terry was Sunland’s Production Man- ager, before being promoted to Division Manager. Terry is an active member of Building Owners Managers Association (BOMA), Community Association Institute (CAI), Community Association Managers and Executives Organization (CAMEO), International Facility Managers Association (IFMA), Managers (NACM), Nevada Professional Managers Association (NPFMA), and the Nevada State Apartment Association (NVSAA). As the Division Manager, Tim will ensure the project team produces the highest quality project, delivered on time and on budget. JEFF COFFMAN Fleet Manager Jeff Coffman is the Fleet Director with Sunland Asphalt & Construction, Inc., overseeing all company equipment and vehicles in Arizona, Colorado, Nevada and New Mexico. With over 40 years of experience in the con- struction industry, Jeff specializes in DOT regulation, heavy equipment mechanics, fleet management, procurement and dispersals of all on-road and heavy off-road equipment. Jeff is an active member of the Associated General Contractors (AGC) Mechanic/Operator Apprenticeship Program as well as the Arizona Trucking Association (ATA). BOYD DAVIES IT Director As IT Director, Boyd Davies manages the development, implementation and operation of technological systems for Sunland Asphalt. Boyd holds an Associate of Science degree in Computer Science from Mountain State Technical Institute and has a certification in networking. He has taught programming as well as a 16 module teacher implementation training program. With over 32 years of experience in the tech industry, over 25 years have been managing IT departments with local construction firms. ALEX DECLUSIN Vice President Alex DeClusin is the Vice President in Phoenix for Sunland Asphalt & Con- struction, Inc. He attended Arizona State University’s Del E. Webb School of Construction and has over 20 years of Sunland experience. Alex has held many positions including Laborer, Estimator, Project Consul- tant, Project Manager, Regional Sales Manager and Division Manager. Alex is an active participant in the Apartment Association of Metro Denver (AAMD), Colorado Asphalt Pavement Association (CAPA), Building Owners and Manag- ers Association (BOMA), Community Associations Institute (CAI), and the Associated General Contractors of America (AGC). RYAN MACKEY Vice President Ryan Mackey is the Vice President in Tucson for Sunland Asphalt & Con- struction, Inc. Ryan has over 25 years of experience in the construction industry. Ryan’s strong background includes management and project management, construction material testing and inspection, sales, business development and alternative project delivery for both public and private markets. Ryan is an active mem- ber and past president of Arizona Transportation Builders Association (ATB). DON MANCE Colorado Division Manager Don Mance is the Division Manager for Sunland’s Colorado Division. He graduated from Colorado State University with a Bachelor’s degree in Business Management and Economics. With over 30 years of experience in the construction industry, he has held positions of Operations Manager, General Manager and Production Manager. As the Division Manager, Don will ensure the project team produces the highest quality project, delivered on time and on budget. OUR LEADERSHIP TEAM Our Team»OUR LEADERSHIP TEAM TIM MCWENIE New Mexico Division Manager Tim McWenie is the Division Manager for Sunland’s New Mexico Division. Tim earned a Bachelor’s degree in business management from the Eller Business School at the University of Arizona. With over 18 years in the construction industry, Tim has held many positions such as Laborer, CDL Driver, Equipment Operator, Estimator, Superintendent, Project Manager, Transportation Division Manager, and Production Manager. As the Division Manager, Tim will ensure the project team produces the highest quality project, delivered on time and on budget. STEVE MUSEGADES Regional Vice President Steve Musegades is the Regional Vice President for Sunland Asphalt & Construction, Inc.’s operations in Colorado, Nevada, New Mexico and National Accounts. With a Bache- lor’s degree in Public Relations from Northern Arizona University and over twenty years of expe- rience in the construction industry, Steve is well versed in asphalt pavement operations and management. Steve is an active member of Building Owners Managers Association (BOMA), Community Association Institute (CAI), Community Association Managers, Institute for Real Estate Management (IREM), Nevada State Apartment Association (NSAA), and International Facility Managers Association (IFMA). Addi- tionally, Steve is active in his community and lends his time to several charitable organizations including the Gary Sinise Foundation and That Other My Live (TOML). Both organiza- tions assist our veteran and their families. AMANDA NEUHEISEL Controller Amanda Neuheisel is the Controller for Sunland Asphalt & Construction, Inc. She earned dual Bachelor of Science degrees in both Accounting and Information Technology and is a Certified Construction Industry Financial Professional (CCIFP). Amanda is well versed in financial operations, having been in positions of AP Manager and Payroll Manager. Amanda is an active member of the Construction Financial Management Association (CFMA). KRISTAN PARTEL Marketing Director Kristan Partel is the Marketing Director for Sunland Asphalt & Construction, Inc. With dual degrees in Advertising and Public Relations from Northern Arizona University, Kristan has over 13 years of experience in Business Development, Marketing and Sales with various firms in the construction industry. She leads the development and execution of strategic corporate marketing initiatives for Sunland’s eight divisions, maintaining a consistent corporate image throughout all internal/external marketing collateral. Kristan is an active member of the Society of Marketing Professional Services (SMPS), the American Marketing Association (AMA) and the Vistage Emerging Leaders program. JOE ZALESKI, CHST, CRIS Safety Director Joseph Zaleski is the Safety Director for Sunland Asphalt & Construction, Inc. He has managed and implemented health and safety programs in the construction industry for over 20 years. Joe is a certified FA/CPR/AED and OSHA 500 instructor and currently holds the Construction Health and Safety Technician certification. Additionally, Joe is an Equipment Operator Senior Chief in the U.S. Navy Reserves with over 25 years of service. Our Services» CRACK SEALING ASPHALT REPAIRS SEALCOATING POLYCHIPULTRA THIN BONDED WEARING COURSE MILLING/PULVERIZING CONSTRUCTION & MAINTENANCE SERVICES Sunland offers a wide variety of solutions to meet the most demanding projects and environments, and provides a combination of solid expertise, quality materials and state-of-the art equipment. Our services include: EARTHWORK & GRADING STRIPING & SIGNS CONCRETE & FLATWORK PAVING & OVERLAYS ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 6 SECTION III - CONTRACTING HISTORY 1. Contracting History A. List the applicant Firm’s six largest contracts in the last three years. 1. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor 2. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor 3. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 7 SECTION III - CONTRACTING HISTORY – (Continued) 4. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor 5. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor 6. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 8 SECTION III - CONTRACTING HISTORY – (Continued) In the past five years has the Applicant Firm or any Affiliate been the subject of any of the following actions? A. Been suspended, debarred, disqualified, or otherwise declared ineligible to bid? No Yes B. Failed to complete a contract for a commercial, private owner or Government agency? No Yes C. Been denied a low-bid contract in spite of being the low bidder? No Yes D. Had a contract terminated for any reason, including default? No Yes E. Had liquidated damages assessed against it during or after completion of a contract? No Yes If “Yes” to Sections IV, V or VI, provide details including a brief summary of cause(s) of action, indicate if Applicant Firm, Owner or Affiliate Firms were plaintiffs (P) or defendants (D); define charges explicitly, by what authority, court or jurisdiction, etc. Complete details are required! NOTE: For Sections IV and V below, the definition of an "investigation" includes: an appearance before a grand jury by representatives of the Firm; any oral or written inquiry or review of the Firm’s documents by a governmental or law enforcement agency or investigative agency; or questioning of employees concerning the general operation or a specific project or activities of the Firm SECTION IV - CIVIL ACTIONS 1. Violations Of Civil Law In the past five years has Applicant Firm, any of its Owners, or any Affiliate been the subject of an investigation of any alleged violation of a civil antitrust law, or other federal, state or local civil law? No Yes 2. Lawsuits With Public Agencies At the present time is, or during the past five years has the Applicant Firm, any of its Owners, or any Affiliate been a plaintiff or defendant in any lawsuit regarding services or goods provided to the City of Wheat Ridge or to a public agency? No Yes 3. Bankruptcy During the past five years, has the Applicant Firm or any Affiliate filed for bankruptcy or reorganization under the bankruptcy laws? No Yes 4. Judgments, Liens And Claims During the past five years, has the Applicant Firm been the subject of a judgment, lien or claim of $10,000 or more by a subcontractor or supplier? No Yes 5. Tax Liens During the past five years, has the Applicant Firm been the subject of a tax lien by federal, state or any other tax authority? No Yes SECTION V - COMPLIANCE WITH LAWS AND OTHER REGULATIONS 1. Criminal In the past five years has the Applicant Firm, any of its Owners, or Affiliates: A. Been the subject of an investigation involving any alleged violation of criminal law? No Yes ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 9 B. Been arrested, indicted or named as an unindicted co-conspirator in any indictment or other accusatory instrument? No Yes C. Been convicted, after trial or by plea, of any felony under state or federal law? No Yes D. Been convicted of any misdemeanor involving business-related crimes? No Yes E. Entered a plea of nolo contendere to a charge of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or a violation of any antitrust laws? No Yes F. Entered into a consent decree? No Yes G. Been granted immunity from prosecution for any business-related conduct constituting a crime under state or federal law? No Yes H. Taken the Fifth Amendment in testimony on any business-related crime? No Yes I. Paid a fine or settlement to resolve any criminal or civil violations or allegations involving a business activity? No Yes J. Do any Owners in Applicant Firm have any felony charges pending against them that were filed either before, during, or after their employment with the Applicant Firm? No Yes 1. Regulatory Compliance In the past five years, has Applicant Firm, any of its Owners, or Affiliates been cited for: A. A violation of any labor law or regulation, including prevailing wage rates and fair labor practices? No Yes B. An OSHA violation? No Yes C. A violation of federal, state or local environmental laws or regulations? No Yes D. Any other administrative, statutory or regulatory violations? No Yes SECTION VI - ETHICS 1. False Statements, Bribes, Collusion In the past five years has the Applicant Firm, any of its Owners, or Affiliates: A. Filed with a government body (including City of Wheat Ridge) or submitted to a government employee (including City of Wheat Ridge employee) any form of document known by the Applicant Firm, any of its Owners, or by the person submitting the document, to contain false information? No Yes B. Created or maintained false business records? No Yes C. Given, or offered to give, money or any other benefit to a public official or employee with intent to influence that person regarding any of their official acts, duties or decisions? No Yes D. Given, or offered to give, money or other benefit to an official or employee of a private business with intent to induce that official or employee to engage in unethical or illegal business activities (including but not limited to improper gratuities, and/or violations of lobbying regulations)? No Yes ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 10 E. Agreed with another to bid below prevailing market rate? No Yes F. Agreed with another to submit identical or complimentary bids or otherwise not to bid competitively? No Yes G. Agreed with another not to submit competitive bids in another's territory established either by geography or customers? No Yes H. Agreed with another to take turns in obtaining contracts by pre-determining which Firm shall submit the lowest bid? No Yes 2. Conflict Of Interest A. Does the Applicant Firm, any of its Owners or Project Team Members have any existing relationships that could be construed as either personal or organizational conflicts of interest, or which would give rise to a conflict if Applicant Firm should be a recipient of a contract with the City of Wheat Ridge? No Yes B. Has any Owner or Project Team member of Applicant Firm ever (if yes explain fully): 1. Been an employee of the City of Wheat Ridge, or served as a Member of Wheat Ridge City Council? No Yes 2. Been related by blood or marriage to a City of Wheat Ridge employee or Council Member? No Yes SECTION VII - ADDITIONAL DOCUMENTATION REQUIRED Additional document copies to be submitted with this application: Letter of Reference from your Firm’s Surety, which states current available aggregate and single project bonding capacity (This Application will not be processed without this letter) Certification of all IMSA certified personnel, if applying for traffic signal project(s). A minimum of two full time employees must be certified at Level II or higher. 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. ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 11 LIST OF SUBCONTRACTORS AND AMOUNT ITB-2023-WRRC PAVING Important: This form must be submitted and completed. If you are not using sub-contractors, state “None”. Failure to submit a completed form will result in a non-responsive bid. Contractor’s organization shall perform work amounting to 50% or more of the total contract cost. COMPANY SUBMITTING BID NAME TYPE OF WORK AMOUNT % OF WORK 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. ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 12 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 Dominic Fiore ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 13 COMPANY SUBMITTING BID: STATE OF: COUNTY OF: of lawful age, being duly sworn, on oath says that (s)he is the agent authorized by the Bidder to submit the attached bid. Affidavit further states that the Bidder has not been a party of any collusion among Bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or any Federal, State or Municipal official or employees as to quantity, quality, or price in the prospective Contract, or any other items of said prospective Contract; or in any discussions between bidders and any Federal, State or Municipal official concerning exchange of money or other thing of value for special consideration in the letting of a Contract. NAME: TITLE: Subscribed and sworn to before me this day of , 2023 NOTARY PUBLIC SIGNATURE My Commission Expires: 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-COLLUSION AFFIDAVIT ITB-2023-WRRC PAVING ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 14 Effective January 1, 2014, the Keep Jobs in Colorado Act requires that Colorado labor be employed to perform at least 80% of the work on a public works project, as defined in C.R.S. 8-19-102(2). References Keep Jobs in Colorado Act - 8-17-101, et.seq., C.R.S. Definition of Public Projects - 8-19-102, C.R.S. Construction Bidding for Public Projects – 24-92-102, C.R.S. House Bill 13-1292, Keep Jobs in Colorado Act The Vendor, whose name and signature appear below, certifies and agrees as follows: 1. The Vendor shall comply with the provisions of House Bill 13-1291 and CRS 8-17-101 et seq. 2. The Vendor represents, warrants, and agrees that it (i) Colorado labor will be employed to perform at least 80% of the work on a public works project, or (ii) otherwise, shall comply with the notification requirements and/or waiver request of CRS 8-17-101 et seq. 3. 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 Act or CRS 8-17-101 et seq., the City may terminate the above referenced purchase order for breach and the Vendor shall be liable for actual and consequential damages to the City of Wheat Ridge. CERTIFIED and AGREED to this day of , 2023 BID NUMBER: FIRM: (Print Full Legal Name) AUTHORIZED SIGNATURE: Print Name: Print Title: Date: 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 KEEP JOBS IN COLORADO ACT (80% Colorado Labor), COMPLIANCE TO H.B. 13-1292 Dominic Fiore ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 15 PROPOSAL FORM ITB-2023-WRRC PAVING 2023 WHEATRIDGE RECREATION CENTER ASPHALT OVERLAY AND ADA IMPROVEMENTS This is the Proposal (Bid) of (hereinafter called "BIDDER") or organized and existing under the laws of the State of doing business as a (Insert "a corporation", "a partnership", or "an individual" as applicable.) To the CITY OF WHEAT RIDGE (hereinafter called "Owner"). The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Contract Bid Documents, to complete all Work as specified or indicated in the Contract Bid Documents for the Contract Sum and within the Contract time indicated in accordance with the Contract Bid Documents. Bidder accepts all of the terms and conditions of the Instructions to Bidders. The Bid will remain open for sixty days after the day of Bid opening. Bidder will sign the Agreement and submit any documents required by the Contract documents within seven (7) calendar days after notification or the designated date. By submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to his own organization, that this Bid has been arrived at independently without consultation, or communication with any competitor. Every bid submitted to the City shall contain a statement certifying that the Bidder has not participated in any collusion or taken any action in restraint of free competitive bidding. This statement shall be in the form of an affidavit provided by the City and included in the Bid Proposal. The Bidders proposal will be rejected if it does not contain the completed Non-collusion Affidavit. Bidder agrees to abide by the following federal requirements: Executive Order No. 11246 as amended, including specifically, the provisions of the Equal Opportunity Clause, the Immigration Reform and Contract Act of 1986, and the Americans with Disabilities Act of 1991. United States Department of Transportation Title VI Regulations at 49 CFR Part 21 the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. Bidder hereby agrees to commence Work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the Project within 45 working days. The Notice to Proceed shall be issued within fourteen (14) days of the execution of the Agreement by the Owner. Should there be reason why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Agreement. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress, or performance of the Work and has made such independent investigation as Bidder deems necessary. Bidder will complete the Work for all accepted bid items. ITB-2023 WHEATRIDGE RECREATION CENTER, ASPHALT OVERLAY AND ADA IMPROVEMENTS Page 16 PROPOSAL FORM, CONTINUED ITB-2023-WRRC PAVING Provide all materials, labor, and equipment to complete the work as per the specifications. It is the Owner’s intent to award a single contract to the lowest qualified bidder. Project:2023 WHEATRIDGE RECREATION CENTER ASPHALT OVERLAY AND ADA IMPROVEMENTS Company Name Date Authorized Signature Title Printed Name Title License No. Type Expiration Date ATTEST: Printed Name Signature Title SEAL (If bid is by corporation) ADDENDA Bidder acknowledges receipt of the following Addenda: Bid Schedule Bidder acknowledges the attachment of the completed electronic BID SCHEDULE (Protected Excel Spreadsheet) under separate cover. Signature Title 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. Dominic Fiore Dominic Fiore Dominic Fiore To:Contact:City Of Wheat Ridge Whitney Mugford-Smith Wheat Ridge Recreation CenterProject Name:Bid Number:CO005512 Fax:Wehat Ridge, CO Address:7500 West 29th Avenue Phone: Project Location:400 Kipling Street, Wehat Ridge, CO Bid Date:6/5/2023 Total PriceItem Description 1 $11,502.94Mill Mill 2 Inches Of Existing Asphalt For 2362 Square Yards, Haul And Dispose Offsite. $360.00Adjust Water Value 1 $48,191.25Overlay Overlay Approx. 375 Tons Of Hot Asphalt Between 1.5-3 Inch HMA PG 58-28 SX 1/2 $377.50Mill Mill 2 Inches Of Existing Asphalt For 42 Square Yards, Haul And Dispose Offsite. $1,944.70Overlay Overlay Approx. 10 Tons Of Hot Asphalt Between 1.5-3 Inch HMA PG 58-28 SX 1/2 $3,901.25Patching Approx 25 HMA Patching CIP 6'' SP-100 PG (48-28) S $600.00Sanitary Facility $12,434.67Mobilization 1 Asphalt, 1 Concrete, 1 Striping $271.17Pavement Markings 482 LF 4 Inch Expoy Marking $17,600.00Pavement Markings 220 LF Of 24 Inch Cross Walk $13,438.67Pavement Markings White Marking Tape (24")(Stop Bar) 500 SF $6,968.00Traffic Control $15,241.36Fabric $7,255.00Concrete Remove And Replacement Of Combination Rip Rap Channel (5' X 35' Rip Rap)(5' X 15' "V" Channel) $5,649.00Concrete Repairs Curb And Gutter Remove Approx. 100 Ln. Ft. Of Curb And Gutter. Compact Existing Base And Pour With 4500PSI Concrete. Page 1 of 8 Total PriceItem Description $16,185.60Concrete - Drain Pan Remove Approx. 960 Square Feet Of Failed Concrete To A Depth Of 6 Inches. Compact Existing Base And Pour With 6 Inches Of 4500PSI Concrete With Number 4 Rebar 24 Inches OCEW. $2,990.52Concrete Pan Remove Approx. 78 Square Feet Of Failed Concrete To A Depth Of 8 Inches. Compact Existing Base And Pour With 8 InchesOf 4500PSI Concrete With Number 4 Rebar 24 Inches OCEW. $4,266.67Testing Total Price for above 1 Items:$169,178.30 2 $13,877.70Mill Mill 2 Inches Of Existing Asphalt For2770 Square Yards, Haul And Dispose Offsite. $60,018.84Overlay Overlay Approx. 467 Tons Of Hot Asphalt Between 1.5-3 Inch HMA PG 58-28 SX 1/2 $327.04Mill Mill 2 Inches Of Existing Asphalt For 21 Square Yards, Haul And Dispose Offsite. $1,581.36Overlay Overlay Approx. 8 Tons Of Hot Asphalt Between 1.5-3 Inch HMA PG 58-28 SX 1/2 $360.00Adjust Water Value 1 $360.00Adjust Water Value 1 $360.00Adjust Water Value 1 $3,901.25Patching Approx 25 HMA Patching CIP 6'' SP-100 PG (48-28) S $10,443.30Concrete Repairs Curb And Gutter Remove Approx. 210 Ln. Ft. Of Curb And Gutter. Compact Existing Base And Pour With 4500PSI Concrete. $951.50Concrete - Drain Pan Remove Approx. 10 Square Feet Of Failed Concrete To A Depth Of 6 Inches. Compact Existing Base And Pour With 6 Inches Of 4500PSI Concrete With Number 4 Rebar 24 Inches OCEW. $6,895.00Concrete Remove Approx. 250 Square Feet Of Failed Concrete To A Depth Of 6 Inches. Compact Existing Base And Pour With 6 Inches Of 4500PSI Concrete $7,760.00Concrete Ramp Remove Approx. 250 Square Feet Of Failed Concrete To A Depth Of 6 Inches. Compact Existing Base And Pour With 6 Inches Of 4500PSI Concrete With Truncated Domes $1,652.67Pavement Markings Removal And Replacement Of Parking Stop Blocks- 12 $2,319.33Pavement Markings Remove And Replace Signs- 4 $780.67Pavement Markings 14 ADA Page 2 of 8 Total PriceItem Description $314.72Pavement Markings 634 LF 4 Inch Expoy Marking $296.03Pavement Markings 507 LF 4" (White) Modified Epoxy Marking $19,200.00Pavement Markings 240 LF Of 24 Inch Cross Walk $8,105.33Pavement Markings White Marking Tape (24")(Stop Bar) 240 SF $17,561.80Fabric $6,361.87Mobilization 1 Asphalt, 1 Concrete, 1 Striping Total Price for above 2 Items:$163,428.41 3 $3,856.59Mill Mill 2 Inches Of Existing Asphalt For 657 Square Yards, Haul And Dispose Offsite. $1,080.00Adjust Water Value 3 $720.00Adjust Water Value 2 $15,951.50Overlay Overlay Approx. 122 Tons Of Hot Asphalt Between 1.5-3 Inch HMA PG 58-28 SX 1/2 $3,901.25Patching Approx 25 HMA Patching CIP 6'' SP-100 PG (48-28) S $8,659.20Concrete Remove Approx. 410 Square Feet Of Failed Concrete To A Depth Of 6 Inches. Compact Existing Base And Pour With 6 Inches Of 4500PSI Concrete $6,439.40Concrete Repairs Curb And Gutter Remove Approx. 110 Ln. Ft. Of Curb And Gutter. Compact Existing Base And Pour With 4500PSI Concrete. $9,711.00Concrete Repairs Curb And Gutter Remove Approx. 180 Ln. Ft. Of Curb And Gutter. Compact Existing Base And Pour With 4500PSI Concrete. $6,505.33Pavement Markings White Marking Tape (24")(Stop Bar) 240 SF $4,165.38Fabric Total Price for above 3 Items:$60,989.65 4 $2,539.20Mill Mill 2 Inches Of Existing Asphalt For 529 Square Yards, Haul And Dispose Offsite. $720.00Adjust Water Value 2 Page 3 of 8 Total PriceItem Description $720.00Adjust Water Value 2 $12,864.46Overlay Overlay Approx. 98 Tons Of Hot Asphalt Between 1.5-3 Inch HMA PG 58-28 SX 1/2 $3,901.25Patching Approx 25 HMA Patching CIP 6'' SP-100 PG (48-28) S $3,200.00Concrete Repairs Curb And Gutter Remove Approx. 50 Ln. Ft. Of Curb And Gutter. Compact Existing Base And Pour With 4500PSI Concrete. $2,770.56Concrete Remove Approx. 16 LF Of Curb And Gutter And Sidewalk To A Depth Of 6 Inches. Compact Existing Base And Pour With 6 Inches Of 4500PSI Concrete $2,505.33Pavement Markings White Marking Tape (24")(crosswalk) 90 SF $6,505.33Pavement Markings White Marking Tape (24")(Stop Bar) 240 SF $176.61Pavement Markings 4" Dbl Yellow Modified Epoxy Marking Recess 81 LF $238.67Pavement Markings 8" (W) Modified Epoxy Marking Recess- 20 LF $73.07Pavement Markings Arrow 1- Combo $67.73Pavement Markings Arrow $3,705.33Pavement Markings Street Sign With Pole And BAse- 6 $3,353.86Fabric Total Price for above 4 Items:$43,341.40 5 $1,512.50Mill Mill 2 Inches Of Existing Asphalt For 242 Square Yards, Haul And Dispose Offsite. $5,617.41Overlay Overlay Approx. 41 Tons Of Hot Asphalt Between 1.5-3 Inch HMA PG 58-28 SX 1/2 $984.00Patching Approx 5 Tons HMA Patching CIP 6'' SP-100 PG (48-28) S $1,305.34Pavement Markings Street Sign With Pole And BAse- 2 $1,305.34Pavement Markings Street Sign Pol And Base- 2 $1,534.28Fabric Page 4 of 8 Total PriceItem Description $5,370.00Concrete - Drain Pan Remove Approx. 300 Square Feet Of Failed Concrete To A Depth Of 6 Inches. Compact Existing Base And Pour With 6 Inches Of 4500PSI Concrete With Number 4 Rebar 24 Inches OCEW. Total Price for above 5 Items:$17,628.87 6 $3,277.54Mill Mill 2 Inches Of Existing Asphalt For 574 Square Yards, Haul And Dispose Offsite. $12,750.65Overlay Overlay Approx. 97 Tons Of Hot Asphalt Between 1.5-3 Inch HMA PG 58-28 SX 1/2 $984.00Patching Approx 5 Tons HMA Patching CIP 6'' SP-100 PG (48-28) S $5,370.00Concrete - Drain Pan Remove Approx. 300 Square Feet Of Failed Concrete To A Depth Of 6 Inches. Compact Existing Base And Pour With 6 Inches Of 4500PSI Concrete With Number 4 Rebar 24 Inches OCEW. $3,994.64Concrete Remove Approx. 184 LF Of Curb And Gutter And Sidewalk To A Depth Of 6 Inches. Compact Existing Base And Pour With 6 Inches Of 4500PSI Concrete $3,639.16Fabric $1,318.10Back Fill Lot Place Approx 10 Tons Of 3/4 Aggrgate. Total Price for above 6 Items:$31,334.09 Total Bid Price:$485,900.72 Notes: •IMPORTANT NOTICE: Estimated material costs are included in total price. In order to hold pricing, this proposal must be signed and returned within 15 days from the bid date specified above. Due to the pricing volatility of our industry at the moment, Sunland reserves the right toupdate pricing at any time prior to start of work. •Additional (downtime/mobilization) charges may result from delays beyond the control of Sunland Asphalt (or its subcontractors) which prohibit the above mentioned work from being completed as scheduled. (i.e., unmoved vehicles, disregard for Sunland traffic control, sanitation/deliveryservices, sprinkler runoff, etc.) -This bid excludes Subgrade prep. - Sunland Asphalt will not be held liable for any underground cables, electrical lines, water lines, irrigation lines, sensor loops or any otherunderground obstruction not buried to a depth less than 18" below the existing finished grade -There will be an extra charge based on time and material for the removal and replacement of dirt or soil if soft or frozen is found unless otherwise noted.-Additional cost will apply if winter protection for concrete is required. Proposal excludes any landscaping repair, backfill or repair to un-marked irrigation lines and sprinkler heads. - No permits, fees, bonds, prevailing wages, compaction tests, staking, layout, ADA compliance, new parking blocks, testing, utility adjustments,concrete, water/meter, weed kill, signs of any kind or offsite barricades in price unless noted in contract. - Sunland Asphalt warrantees all labor and materials for a period of 12 months upon completion of project. - Sunland Asphalt is not responsible for defects in the finished pavement resulting from deficiencies in grade or base. Such deficiencies mayinclude, but are not limited to, cracking, segregation, low areas, high areas or settling. - Any pre-existing ADA compliance issues are excluded from the contract unless specifically stated in the proposal. Proposal excludes any concrete or asphalt testing. Sunland Asphalt can not guarantee drainage less than 2%. •Sunland Asphalt Terms and Conditions: Contractor hereby accepts the terms of the attached Contract subject to the provisions as defined on the Contract Agreement as well as theOwner's Agreement with the terms set forth in this Addendum. This Addendum is attached hereto and incorporated herein by reference. If any of the terms of the Contract are inconsistent with the terms of this Addendum, then this Addendum shall be controlling and the parties shall be boundby the terms and conditions of this Addendum. Page 5 of 8 ACCEPTED: The above prices, specifications and conditions are satisfactory andare hereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: Sunland Asphalt & Construction, LLC Authorized Signature: Project Consultant:Dominic Fiore Page 6 of 8 •Sunland Asphalt Terms and Conditions: Contractor hereby accepts the terms of the attached Contract subject to the provisions as defined on the Contract Agreement as well as theOwner's Agreement with the terms set forth in this Addendum. This Addendum is attached hereto and incorporated herein by reference. If any of the terms of the Contract are inconsistent with the terms of this Addendum, then this Addendum shall be controlling and the parties shall be bound by the terms and conditions of this Addendum.•1.PAYMENT Contractor shall be paid a monthly progress payment within 15 days after receipt of the payment by the Owner for the value of work performed. Final payment, including all retention, shall be due 15 days after the work described in the Proposal is substantially completed. No provision of thisagreement shall serve to void the Contractor's entitlement to payment for properly performed work. •2.INTEREST AND EXPENSES All sums not paid when due shall bear an interest rate of 1 1/2% per month or the maximum legal rate permitted by law, whichever is less, and allcosts of collection, including a reasonable attorneys' fee, shall be paid by Owner. •3.ATTORNEYS' FEES In the event of litigation or collection efforts by Contractor, the prevailing party shall be reimbursed for its reasonable attorneys' fees, which shallinclude all costs that would normally be passed through to the client, specifically but not limited to research charges, travel costs, expert witness costs, copying costs, mailing costs, facsimile costs, had-delivery costs, Federal Express or Express Mail costs, taxable costs and disbursements. •4.CONTINUED PERFORMANCE Nothing in this subcontract agreement shall require the Contractor to continue performance if timely payments are not made to Contractor for suitably performed work. •5.BACK CHARGES No back charges or claim of the Owner for services shall be valid except by an agreement in writing by the Contractor before the work is executed,except in the case of the Contractors failure to meet any requirement of the subcontract agreement. In such event, the Owner shall notify the Contractor of such default, in writing, and allow the Contractor reasonable time to correct any deficiency before incurring any cost chargeable to the Contractor.•6.WORK AREAS Owner is to prepare all work areas so as to be acceptable for Contractor work under the contract. Contractor will not be called upon to start work until sufficient areas are ready to insure continued work. •7.TIME FOR PERFORMANCE Contractor shall be given a reasonable time in which to commence and complete the performance of the contract. Contractor shall not be responsible for delays or default where occasioned by any causes of any kind and extent beyond its control, including but not limited to: delay caused by Owner, architect and/or engineers, delays in transportation, shortages of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods, accident hazardous waste or controlled substances and acts of God. Contractor shall be entitled to equitable adjustment in the subcontract amount for additional costs due to unanticipated project delays or accelerations. Contractor shall not be obligated to provide any labor or materials outside the scope of work unless Owner shall first agree in writing to equitably adjust the subcontract amount to be paid Contractor. •8.WORKMANSHIP All workmanship is guaranteed against defects for a period of one year from the date of substantial completion of installation. This warranty is in lieu of all other warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose. The exclusive remedy shall be that Contractor will replace or repair any part of its work which is found to be defective. Contractor shall not be responsible for special, incidental or consequential damages. Contractor shall not be responsible for damage to its work by other parties or for improper use of equipment by other Standard of industry practice and will override strict compliance and strict performance. •9.WORK HOURSWork called for herein is to be performed during Contractor's regular working hours as agreed to by the Owner and the Contractor. •10.NOTICE Any notice or written claim required by the contract documents to be submitted to the Owner, on account of charges, extras, delays, acceleration, or otherwise, shall be furnished within a time period, and in a manner to permit the Owner to satisfy the requirements of the contract documents, notwithstanding any shorter time period otherwise provided. •11.LIEN RIGHTSNothing in this agreement shall serve to void Contractor's right to file a lien or claim on its behalf in the event that any payment to Contractor is not timely made. •12.LABORContractor shall not be bound by any of Owner's labor agreements (in whole or in part). •13.LIQUIDATED DAMAGES The Owner shall make no demand for liquidated damages for delays in any sum in excess of such amounts as may be specifically named in this Addendum and no liquidated damages may be assessed against Contractor for more than the amount paid by the Owner for unexcused delays to the event actually caused by the Contractor. •14.SCHEDULE Contractor shall submit a schedule to Owner, Owner will review and notify Contractor of any schedule conflict. If Contractor finds it necessary to change his schedule, owner will give his best effort to meet this change in schedule. Contractor shall not be penalized for non-performance and will be paid for work performed. •15.INSURANCE RESTRICTION Notwithstanding any provision to the contrary, Contractor shall maintain the types and limitations on insurance as shown on the attached certificateof insurance. Contractor is not required to waive any claims or rights of subrogation against the Owner or any others for losses and claims covered or paid by Owner's workers compensation or general liability insurance. Acceptance of the Certificate of Insurance constitutes acceptance of the insurance of Contractor, including any additional insured requirements. In addition, Contractor shall not provide completed operations under anadditional insured requirement. Page 7 of 8 •16.INDEMNITY, HOLD HARMLESS RESTRICTION Any indemnification or hold harmless obligation of the Contractor shall extend only to claims relating to bodily injury and property damage and thenonly to that part or proportion of any claim damage, loss or defect that results from the negligence or intentional act of the indemnitor or someone for whom it is responsible. Contractor shall not under any circumstance have a duty to defend. Nothing in this agreement shall require the Contractor to indemnify any other party from any damages including expenses and attorneys' fees to persons or property for any amount exceedingthe degree Contractor directly caused such damages. Contractor shall not be responsible for fines or assessments made against Owner and Contractor. Contractor retains all rights of subrogation. Contractor will not indemnify anybody for any actions except for Contractor's own negligence and only in the proportional amount of their negligence.•17.RIGHT TO RELY Contractor shall rely on plans, drawings, specifications and other information provided by Owner, Owner, Architect or representatives of each. Contractor assumes no risk for unknown or unforeseen conditions not evident from the plans, drawings, specifications or other information provided to Contractor. •18.HAZARDOUS WASTE Contractor shall have no obligation to handle (that is, to remove, treat or transport) any substance which is considered hazardous waste orsubstance under state or federal law ("hazardous waste"). Handling hazardous waste shall be outside the scope of work of this agreement. Title to all hazardous waste shall remain with others and shall not be property of Contractor. •19.DISPUTE RESOLUTION Final determination of contract compliance and all dispute resolutions shall be handled in the jurisdiction and venue of Maricopa County, Arizona, and be governed by the laws of Arizona. Page 8 of 8 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, is an entity formed or registered under the law of , has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number . This certificate reflects facts established or disclosed by documents delivered to this office on paper through that have been posted, and by documents delivered to this office electronically through @ . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on @ in accordance with applicable law. This certificate is assigned Confirmation Number . *********************************************End of Certificate******************************************** Notice: A certificate issued electronically from the Colorado Secretary of State’s website is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State’s website, https://www.coloradosos.gov/biz/CertificateSearchCriteria.do entering the certificate’s confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our website, https://www.coloradosos.gov click “Businesses, trademarks, trade names” and select “Frequently Asked Questions.” Sunland Asphalt & Construction, LLC Delaware 20161704929 01/31/2023 02/03/2023 07:05:56 02/03/2023 07:05:56 14669124 ITEM NO: 1b DATE: June 26, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 33-2023 – A RESOLUTION APPROVING AN AGREEMENT WITH DENVER URBAN GARDENS, INC. ASSOCIATED WITH THE HAPPINESS GARDENS FOOD FOREST PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________ _____________________________ Director of Parks & Recreation City Manager ISSUE: City staff worked with Denver Urban Gardens (DUG) to create a Food Forest at Happiness Gardens, which was dedicated on May 5, 2023. The agreement details the ongoing relationship between the City and DUG related to the Food Forest, and the responsibilities of each entity. PRIOR ACTION: The Food Forest was dedicated on May 5, 2023. Mayor Pro Tem Stites was in attendance. FINANCIAL IMPACT: There are ongoing costs associated with maintaining the Food Forest, which are budgeted in the general fund. There is no financial impact specifically associated with this agreement. BACKGROUND: DUG’s Food Forest Initiative was launched in spring 2022 with the goal of planting accessible food forests in small, underutilized areas in public spaces and community gardens. In 2023, the program is expanding to 20 food forests. Happiness Gardens was selected in early 2023 to participate in this program. DUG staff worked directly with the City’s Parks, Forestry, and Open Space team to successfully implement the program. Council Action Form – IGA with Denver Urban Gardens June 26, 2023 Page 2 Food forests are one of the most ancient forms of land stewardship and DUG is expanding the idea of what an urban garden can be by bringing them to Denver. By combining trees, shrubs, perennials, and some annuals, these sites mimic the resilience and productivity of a forest. Different sizes and ecological niches allow a wide diversity of plants to thrive together, while yielding food, medicine, and habitat. That diversity reduces the need for maintenance over time. For thousands of years, cultures around the world have designed their own unique food forests based on the needs and opportunities of their region. DUG, in collaboration with the City of Wheat Ridge, aims to do the same and create public-access, shady oases planted with water-conscious dryland techniques and built to thrive in a changing climate and feed the community at the same time. RECOMMENDATIONS: Staff recommends approval of this resolution and associated IGA with Denver Urban Gardens, Inc. RECOMMENDED MOTION: “I move to approve Resolution No. 33-2023, a resolution approving an agreement with Denver Urban Gardens, Inc. associated with the Happiness Gardens Food Forest.” Or, “I move to postpone indefinitely Resolution No. 33-2023, a resolution approving an agreement with Denver Urban Gardens, Inc. associated with the Happiness Gardens Food Forest. for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 33-2023 2. Exhibit A - DUG Community Food Habitat Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 33 Series of 2023 TITLE: A RESOLUTION APPROVING AN AGREEMENT WITH DENVER URBAN GARDENS, INC. ASSOCIATED WITH THE HAPPINESS GARDENS FOOD FOREST WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service, or facility each is authorized to undertake; and WHEREAS, the City of Wheat Ridge collaborated with Denver Urban Gardens, Inc. to create and dedicate a food forest at Happiness Gardens; and WHEREAS, the City and Denver Urban Gardens Inc. have specific and joint responsibilities related to implementing the project and have specific goals for the project; and WHEREAS, the City of Wheat Ridge wishes to enter into an agreement with Denver Urban Gardens to accomplish these goals. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The agreement between the City and Denver Urban Gardens, attached hereto as Exhibit A, is hereby approved. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 26th day of June 2023. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 COMMUNITY FOOD HABITAT AGREEMENT PREAMBLE This Community Food Habitat Agreement (the “Agreement”) is entered into by and between Denver Urban Gardens, Inc. (“DUG” or a “Party”), a Colorado non-profit corporation, and The City of Wheat Ridge (“Owner” or a “Party”, with DUG the “Parties”), a home rule municipality, and shall be effective as of June 26, 2023 (the “Effective Date”). WHEREAS, DUG is a non-profit organization that creates (i) urban foraging and gathering patches (“Food Forests”), and (ii) community garden allotments (“Gardens,”), when grouped together called “Sustainable Properties”) to help provide fresh food to urban communities and facilitate sustainable eating practices (the “Purpose’). WHEREAS, Owner is the owner of that certain property located at 4226 Ammons Street, Wheat Ridge, CO 80033 (the “Property”), and the Property is subject to no material restrictions on Owner’s ability to use the Property to house a Food Forest. WHEREAS, Owner desires to grant to DUG a license to use some or all of the property (the “Premises,” as described in Schedule 1 hereto) under the terms and conditions set forth below, and DUG desires to accept such license. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, as well as other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Parties hereby agree as follows: 1.Term; Renewal. This Agreement shall commence on the Effective Date and shall remain in effect for a period of three (3) years from the Effective Date (the “Initial Term”). Upon expiration of the Initial Term or any subsequent term, this Agreement shall renew for an additional one (1) year term (such term and any subsequent renewals each a “Renewal Term,” the Initial Term and all Renewal Terms collectively the “Term”) unless either Party provides written notice of such Party’s intent to cancel this Agreement in accordance with Section 2 of this Agreement. 2.Termination. This Agreement may be terminated: 1. By either Party at the end of the Initial Term or a Renewal Term by providingnotice of the intent to terminate at least six (6) months prior to the end of such term. 2.Immediately by either Party if the other Party has materially breached thisAgreement and either (i) the breaching Party failed to substantially cure such material breach within thirty (30) days of being informed of same, or (ii) it will be impossible for the other Party to satisfy its obligations under this Agreement. 3. By Owner, upon Owner selling, devising, or otherwise relinquishing control ofthe Property or the Premises. ATTACHMENT 2 EXHIBIT A 4. Immediately by Owner if, in Owner’s reasonable discretion, continued use of the Sustainable Property will materially and negatively impact the safety of the Property. 3. Grant of License. Owner grants DUG a license to use the Premises during the Term to create either a Food Forest and/or a Garden, and to advance the Purpose, subject to the following parameters: 1. Food Forest License. The parameters of the license granted to any plot that constitutes a Food Forest is as set forth in Exhibit 3.1 hereto. 2. Garden License. The parameters of the license granted to any plot that constitutes a Garden is as set forth in Exhibit 3.2 hereto. 3. Limitation of License. This Agreement is not a lease, shall not be construed as a lease, grants DUG no rights whatsoever to use the Premises, and imposes on DUG no obligations towards the premises, except as set forth herein. The license set forth in this Agreement is exclusively for the purposes set forth herein. 4. Relationship of the Parties. The relationship between the Parties is that of independent contractors. The details of the method and manner for performance of each Parties’ obligations under this Agreement shall be under its sole control, the other Party being interested only in the results thereof. Each Party shall be solely responsible for supervising, controlling, and directing the details and manner of the completion of its obligations under this Agreement. Nothing in this Agreement shall give either Party the right to instruct, supervise, control, or direct the details and manner of the other Party’s satisfaction of its obligations under this Agreement, subject to the terms of this Agreement. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. 5. Party Representations and Warranties. Each Party represents and warrants that: 1. Such Party shall perform its obligations under this Agreement: (a) in accordance with the terms and subject to the conditions set out in this Agreement; (b) using personnel of required skill, experience, and qualifications taking into account the performance required to satisfy this Agreement; and (c) in a timely, workmanlike, and professional manner in accordance with generally recognized standards of conduct for similar services. 2. To the best of such Party’s knowledge and after reasonable investigation, entering into this agreement does not violate any third-party agreement or laws. 3. It has the authority to enter into this Agreement, and that the individual executing this Agreement on such Party’s behalf has the power to bind the Party to agreements. 4. DUG’s obligations under this Agreement shall extend only to the Premises as defined herein, and shall in no way include any other obligations whatsoever relating to any locations included in the Premise, appurtenant to the Premise, or not otherwise set forth herein. 6. Indemnification; Insurance. 1. Within the limitations of the Colorado Constitution and Revised Statutes, each Party (as “Indemnifying Party”) shall indemnify, hold harmless, and reimburse the other Party and its managers, officers, directors, employees, agents, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and reasonable attorneys' fees, that are awarded against Indemnified Party in a final non-appealable judgment (collectively, “Losses”), arising out of any third-party claim alleging: (a) material breach or non-fulfillment of any material representation, warranty, or covenant under this Agreement by Indemnifying Party; (b) any grossly negligent or more culpable act or omission of Indemnifying Party (including any reckless or willful misconduct) in connection with the performance of its obligations under this Agreement; (c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the grossly negligent or more culpable acts or omissions of Indemnifying Party (including any reckless or willful misconduct); or (d) any failure by Indemnifying Party to materially comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement. 2. Notwithstanding anything to the contrary in this Agreement, Indemnifying Party is not obligated to indemnify, hold harmless, or defend Indemnified Party against any claim (whether direct or indirect), to the extent such claim or corresponding Losses arise out of or result from Indemnified Party's: (a) negligence or more culpable act or omission (including recklessness or willful misconduct); or (b) failure to comply with any of its material obligations set forth in this Agreement. 3. DUG shall maintain insurance policies in such form and in such amounts as set forth in Exhibit 6.1 hereto. Owner shall maintain insurance policies in such form and in such amounts as set forth in Exhibit 6.2 hereto. Each Party shall notify the other Party of any material change in such insurance coverage. Owner does not hereby waive any of the protections, requirements, immunities and limitations of liability of the Colorado Governmental Immunity Act, CRS 24-10-101, et. seq. 7. Retroactivity; Release. 1. In the event that DUG began designing or operating a Sustainable Property on the Premises before the Effective Date of this Agreement, the Parties Agree that the terms of this Agreement shall be made retroactive to the date that DUG first began designing or operating such Sustainable Property. 2. Each Party represents and warrants that any activities performed prior to the Effective Date of this Agreement were nonetheless performed in a manner which would have been in accordance with the terms of this Agreement, had this Agreement been in effect for such performance. 3. Owner specifically fully indemnifies, holds harmless, and releases DUG against any and all claims or losses of any sort arising from or related to any conduct by DUG prior to the Effective Date of this Agreement. 8. Entire Agreement. This Agreement, including and together with any exhibits, schedules, attachments and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. Any additional terms specific to Owner shall be contained in Exhibit 8 hereto. 9. Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a "Notice", and with the correlative meaning "Notify") must be in writing and addressed to the other Party at its address set forth below (or to such other address that the receiving Party may designate from time to time in accordance with this Section). Notices must be delivered by personal delivery, nationally recognized overnight courier, certified or registered mail (in each case, return receipt requested, postage prepaid), or via electronic mail with delivery and read receipt requested. Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the receiving Party; and (b) if the Party giving the Notice has complied with the requirements of this Section 9. Notice to Owner: The City of Wheat Ridge Attention: Karen A. O’Donnell 4005 Kipling St. Wheat Ridge, CO 80033 Email: kodonnell@ci.wheatridge.co.us Notice to DUG: DUG, Inc. Attention: Lara Fahnestock 1031 33rd St., Ste. 100 Denver, CO 80205 Email: lara@dug.org 10. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 11. Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. 12. Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 13. Assignment. Neither Party shall assign, transfer, delegate or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other Party, except that Owner may transfer or sell its interests in the Property to a third party. Any purported assignment or delegation in violation of this Section 12 shall be null and void. 14. Successors and Assigns. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns. 15. No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. 16. Choice of Law. This Agreement and all related documents including all exhibits attached hereto, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Colorado, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Colorado. 17. Choice of Forum. Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, and all contemplated transactions, in any forum other than Denver, Colorado. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation or proceeding only in Denver, Colorado. Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. To the extent a Party is required to seek enforcement of this Agreement or otherwise defend against an unsuccessful claim of breach, the unsuccessful Party shall be liable for all attorney's fees and costs incurred by the successful party. 18. Waiver of Jury Trial. EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY. 19. Counterparts and Electronic Signature. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. Notwithstanding anything to the contrary herein, a signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement. Additionally, each Party is entitled to execute this Agreement in manual or electronic form pursuant to the Uniform Electronic Transactions Act as modified from time to time. 20. Construction. Any ambiguity or inconsistency in this Agreement is to be resolved in accordance with the most reasonable construction and not strictly for or against either party by virtue of that party’s authorship. Headings are provided for convenience only and shall not affect the meaning of any terms contained herein. As necessary, the singular includes the plural, the masculine includes the feminine, and vice versa. 21. Force Majeure. No Party shall be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such Party’s (“Impacted Party’s”) failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Impacted Party including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock- outs, strikes or other labor disputes affecting the Impacted Party's workforce, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdown or power outage. The Impacted Party shall give notice within five (5) days of the force majeure event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such force majeure event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. Notwithstanding anything to the contrary herein, in the event that the Impacted Party's failure or delay remains uncured for a period of twenty-one (21) days following written notice given by it under this Section 24, the other Party may thereafter terminate this Agreement immediate [SIGNATURE PAGE AND EXHIBITS FOLLOW] IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date by their respective duly authorized representatives. The City of Wheat Ridge By_____________________ Name: Bud Starker Title: Mayor Denver Urban Gardens, Inc. By_____________________ Name: __________________ Title: __________________ [ X ] These Premises shall contain a Food Forest [ ] These Premises shall contain a Garden SCHEDULE 1 THE PREMISES [SEE ATTACHED] TREE KEEPER LICENSE 1. DUG Responsibilities. It is understood that Food Forests are largely unsupervised and open to the general public (such general public individually and collectively “Foragers”). (a) DUG shall appoint one or more “Tree Keepers” to manage the Food Forest. DUG shall remain at all times responsible under this Agreement for the conduct of all Tree Keepers, and shall maintain all records relevant to the Food Forest and each Forest Keeper. (b) Tree Keepers shall collectively be responsible for maintaining the Food Forest in proper condition, including without limitation by: (i)Placing adequate signage around the Food Forest educating Foragers on the identity and characteristics of each edible plant. (ii)Placing adequate signage around the Food Forest to ensure that Foragers do not eat from unmarked plants, obey all Food Forest rules , and limit their activities to the Premises. (iii)Ensuring that the rules of the Food Forest are prominently displayed to Foragers. (iv)Maintaining the Food Forest in a manner that reduces or eliminates safety hazards (e.g. removing significant thorny patches, fencing off or removing potentially dangerous features), and which reduces the likelihood of the Food Forest being deemed an attractive nuisance. (v)Growing and maintaining the plants in the Food Forest. (vi)Informing DUG of any issues that arise with the Food Forest and coordinating with DUG to resolve any such issues. (vii)Periodically visiting the Food Forests to ensure that Foragers are acting in accordance with the intended purpose of the Food Forests (c) DUG shall be responsible for general oversight of the Food Forest, including without limitation: (i)Advertising the existence of the Food Forest. (ii)Designing and implementing significant improvements or maintenance for the Food Forest, and seeking Owner approval for improvements that would create new fixtures or materially alter the property. (iii)Liaising between Owner and Tree Keepers. EXHIBIT 3.1 (iv)Maintaining liability insurance covering the Premises used for the Food Forest as set forth in Exhibit A hereto. 2. Owner Responsibilities. Owner shall be responsible for: (i)Ensuring that the Premises are accessible to Tree Keepers and Foragers during normal operating hours. (ii)Ensuring that the Property is maintained in a manner that does not materially inhibit DUG from building the Food Forest or fulfilling its Purpose. (iii)Ensuring that the Premises maintain consistent water access as needed to maintain the Food Forest. (iv)Providing DUG with any special conditions or directions regarding use of the Premises, including notifying DUG of any special laws or regulations affecting the Property or Premises. (v)Approving or denying any DUG requests to materially modify the property within fifteen (15) days of receipt (with failure to respond constituting a denial). 1. DUG Responsibilities. DUG shall act as the agency representative of those individuals who use the Garden (the “Gardeners”) to the Owner. DUG's use of the Premises is subject to the following limitations: (a) All Gardeners must abide by Community Garden Guidelines, established from time to time by DUG. Further, all Gardeners must sign a Waiver and Release in the form set forth in Schedule 3.2 hereto. (b) DUG will appoint one or more local representatives (each a “Garden Leader”). The Garden Leaders will coordinate garden activities with DUG. Responsibilities of the Garden Leaders will include: i. Coordinating and assigning available garden plots to all applicants on an equal and non-discriminatory basis, regardless of their affiliation with DUG, the Garden Leader or the Owner; or their race, color, creed, religion, sexual orientation, veteran status, physical challenge, socioeconomic status, or gender. ii. Coordinating general garden maintenance and gardener payment of nominal plot fees to be allocated foremost toward water costs. iii. Consistent contact with DUG, to keep DUG and the Owner informed of garden changes, site activities, and/or garden needs. iv. Maintaining an up-to-date gardener list including completed Waiver and Release forms for each Gardener, to be provided to Owner upon request. v. Communicate to Gardeners the boundaries and rules of the Premises, Community Garden Guidelines, and any other rules the owner might choose to issue. (c) DUG will provide the following services to the Garden, contingent upon desires of the Owner and participating Gardeners, and on available funding: i. Advertising plot availability and referring interested participants to the Garden Leaders. ii. Designing, implementing, and organizing Garden improvements. iii. Appointing, overseeing, and communicating with Garden Leaders. iv. Organizing seasonal garden meetings. v. Conducting special or particular maintenance tasks for the Garden and on behalf of the Gardener’s on the Premises, other than those practices normally associated with gardening or any applicable code, including without limitation and by way of illustration installing garden fence and repairing irrigation lines . 2. Owner Responsibilities. Owner shall be responsible for: i. Ensuring that the Premises are accessible to Gardeners during normal operating hours. ii. Ensuring that the Property is maintained in a manner that does not materially inhibit DUG from building the Garden or fulfilling the Purpose. EXHIBIT 3.2 GARDEN LICENSE iii. Ensuring that the Premises maintain consistent water access as needed to maintain the Garden. iv. Providing DUG with any special conditions or directions regarding use of the Premises, including notifying DUG of any special laws or regulations affecting the Property or Premises. v. Approving or denying any DUG requests to materially modify the property within fifteen (15) days of receipt (with failure to respond constituting a denial). [SEE ATTACHED] SCHEDULE 3.2 WAIVER AND RELEASE FORM www.dug.org | 1031 33rd St. #100 Denver, CO 80205 | (303) 292-9900 Denver Urban Gardens Confidentiality Agreement This Agreement is made and entered into as of the ______day of _________, 20____, between Denver Urban Garden, a Colorado nonprofit organization with principal offices located at 1031 33rd Street, Suite 100, Denver, CO 80205 ("DUG") and _____________________, a ____ STAFF MEMBER, ____ BOARD MEMBER, or ____ VOLUNTEER (check one). I, the undersigned, understand that during the course of my work, I may be given access to confidential, privileged, or proprietary information by the DUG in order to perform my responsibilities in a manner that meets the DUG’s needs and enhances the delivery of service. By signing this document, I am agreeing to comply with all regulations and laws established to protect confidential information. I understand that accessing or releasing confidential information and/or records or causing this to occur outside the course of my assigned duties would constitute a violation of this agreement. I understand that proven violation of this agreement can result in termination of my access to information and may result in personal action being taken against me. “Confidential Information” means any and all information of either party disclosed or otherwise made available to or learned by the parties under this Agreement or performing the Services this Agreement requires, which is designated as “confidential” or “proprietary” or which, under all of the circumstances, ought reasonably to be treated as confidential, and includes, but is not limited to, internal records and personnel records. I agree to: ●Maintain confidential information and not reveal it to clients, colleagues, or others with whom I interact without procuring the necessary releases or authorizations. ●Utilize information disclosed to me solely for the purpose of completing the scope of work set forth in the Data Sharing and Confidentiality Agreement or the Services Agreement. Role: ____ STAFF MEMBER, ____ BOARD MEMBER, or ____ VOLUNTEER Print Name: __________________________________________________ Title/organization: ______________________________ Signature: ________________________________ EXHIBIT 6.2 INSURANCE POLICIES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1031 33rd St., Ste. 100 CIRSA 1-303-757-5475 X CIRSA The liability policies contain a provision allowing the insured the right to waive subrogation prior to a loss. With respects to proof of coverage for the Community Food Habitat Agreement. Certificate Holder is Additional Insured on Liability Policies if required by contract. 10,000,000 LIAB 01-2023 68953115 68953115 A $10m POL E&O Aggregate 3665 Cherry Creek North Drive Denver, CO 80205 06/14/2023 X 0 A City of Wheat Ridge X 01/01/24 5,000,000 LIC #N/A 10,000,000 Wheat Ridge, CO 80033 X 01/01/24 Denver, CO 80209 01/01/23 10,000,000 Moniquef 10,000,000 7500 West 29th Avenue LIAB 01-2023 Denver Urban Gardens USA 01/01/23 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/20/2020 (303) 442-1484 18058 Denver Urban Gardens 1031 33rd Street Suite 100 Denver, CO 80205 32700 A 1,000,000 X PHPK2098997 2/17/2020 2/17/2021 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B 4434581201 2/17/2020 2/17/2021 2,000,000A PHUB711817 2/17/2020 2/17/2021 2,000,000 10,000 School District No. 1 in the City and County of Denver, dba Denver Public Schools are included as additional insureds as their interests may appear when required by written contract. Waiver of subrogation with respects to General Liability and Auto Liability as required by written contract.; City and County of Denver 780 Grant Denver, CO 80203 DENVURB-01 CMORGAN Taggart & Associates, Inc. 1680 38th Street Suite 110 Boulder, CO 80301 Regina Casey rcasey@taggartinsurance.com Philadelphia Indemnity Insurance Company Owners Insurance Company X X X X X X X Exhibit D EXHIBIT 8 ADDITIONAL OWNER TERMS ITEM NO: 1c DATE: June 26, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT IN THE AMOUNT OF $384,662.99 TO GAMETIME INC. FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT ANDERSON PARK TO BE FUNDED BY THE REIMBURSEMENT FROM THE METROPOLITAN FOOTBALL STADIUM DISTRICT 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 of Wheat Ridge received $523,551 from the sale of the Denver Broncos Football Club. The funds must be used for “youth activity programs” within the Wheat Ridge community. Staff presented a variety of options to youth community members and requested feedback regarding their preferences. This request is for approval of a contract with GameTime in the amount of $384,662.99 for a playground to be installed at Anderson Park. PRIOR ACTION: A budget supplemental associated with this project was approved by City Council on June 12, 2023. At the June 5, 2023, study session, Recreation Manager Susan Anderson shared how the City obtained these funds, the initial staff planning and research involved, the youth engagement process, and ultimately, a recommendation for use of funds, based on youth feedback. Susan Anderson shared the presentation and preliminary feedback with the Parks and Recreation Commission on May 17, 2023. All members were supportive of the approach and proposed use of funds. Council Action Form –GameTime Contract Award June 26, 2023 Page 2 FINANCIAL IMPACT: The project budget, including contingency, will not exceed the Metropolitan Football Stadium District (MFSD) “sharing amount” of $523,551. BACKGROUND: In September of 2022, the City received notice from the MFSD that the sale of the Denver Broncos Football Club triggered components of both the original legislation which created the MFSD and the lease and management agreement which ties the franchise to the taxpayer owned facility, Empower Field at Mile High and subsequently to the counties, cities, and towns within a 7-county metro Denver boundary. The $4.65 billion sale of the Broncos franchise resulted in a “sharing amount” of just over $41 million. The MFSD Board elected to distribute these funds proportionately to the counties, cities, and towns in which the tax was collected. The City of Wheat Ridge’s proportionate percentage of Sales Tax revenue was 1.275774% or $523,551. Provisions of the legislation and subsequent management agreement require the funds to be used for “youth activity programs.” Under the leadership of Recreation Manager Susan Anderson, staff brainstormed ideas and ultimately worked with GameTime, Recreation Plus, and Yalp to develop various options to share with youth in the community. Staff set up several meetings and invited youth to attend. Approximately 60 youth provided feedback on the options. By engaging youth in the community, the City will be able to use these funds to purchase and install what local youth want, rather than what Staff thinks they might want. Staff researched various contract vehicles to obtain advantageous pricing for the City; the OMNIA Partners cooperative contract with GameTime resulted in approximately a 13% savings to the City. RECOMMENDATIONS: Staff recommends that Council approve the contract. RECOMMENDED MOTION: “I move to award a contract in the amount of $384,662.99 to GameTime Inc. for the purchase and installation of playground equipment at Anderson Park to be funded by the reimbursement from the Metropolitan Football Stadium District.” Or, “I move deny award of a contract in the amount of $384,662.99 to GameTime Inc. for the purchase and installation of playground equipment at Anderson Park to be funded by the reimbursement from the Metropolitan Football Stadium District for the following reason(s) ________________________________________________________________________.” REPORT PREPARED/REVIEWED BY: Susan Anderson, Recreation Manager Karen O’Donnell, Director of Parks & Recreation Council Action Form –GameTime Contract Award June 26, 2023 Page 3 Patrick Goff, City Manager Whitney Mugford-Smith, Procurement Manager ATTACHMENTS: 1. Formal quote from GameTime, Inc. 2. OMNIA Partners Master Intergovernmental Cooperative Purchasing Agreement CITY OF WHEAT RIDGE Attn: SUSIE ANDERSON 4005 KIPLING STREET WHEAT RIDGE, CO 80033 Phone: 303-231-1313 sanderson@ci.wheatridge.co.us Ship to Zip 80033 Quantity Part # Description Unit Price Amount 1 178749 GameTime - Owner's Kit $84.00 $84.00 1 RDU GameTime - CUSTOM STRUCTURE 5-12 $194,832.00 $194,832.00 (1) 4956 -- Answer Wheel (2) 10768 -- Toad Stool Seat (2) 12023 -- 3 1/2" Uprt Ass'Y Alum 8' (12) 12650 -- 3 1/2" Uprt Ass'Y Alum 4' (1) 18705 -- Seat And Table For Two 36" (1) 19001 -- Entry Way (1) 19059 -- Wavy Tree (2'-6" & 3') (1) 19121 -- Curved Zip Slide (1) 19124 -- Straight Zip Slide (5') (1) 19171 -- Leaning Wall (3') (1) 19491 -- 3' Odyssey Pod w/thunderring (1) 19493 -- 5' Odyssey Pod w/internal climber (1) 19635 -- Rung Enclosure (Timbers) (1) 19638 -- Plank Climber 5' (1) 19827 -- Maracabasas Panel (1) 19832 -- Flower Spinner Panel (1) 19885 -- Hi Line Climb Link 2 Deck 2' Rise (1) 19900 -- Conversion Deck (1) 19917 -- Modern Transfer w/Guardrail 2' Rise (1) 19939 -- TreeTop Traverse (4'6"-6') (1) 26080 -- Stretched Loop Ladder (4) 26094 -- Triangular Shroud (1) 26095 -- Hanging Pod Link (2) 26142 -- Single With Step (1) 26143 -- 90 Deg 2 Way X-Pod Step (1) 38111 -- Tree Stump (1) 38230 -- Log Balance Beam (1) 38233 -- Forked Balance Beam PO BOX 680121 FORT PAYNE, AL 35968 www.GAMETIME.COM 800-235-2440 02/13/2023 Quote # 102680-01-08 ANDERSON PARK PHASE I OPTION 4 Page 1 of 5 ATTACHMENT 1 Quantity Part #Description Unit Price Amount (1) 80000 -- 49" Sq Punched Steel Deck (6) 80001 -- 49"Tri Punched Steel Deck (1) 80192 -- Sunblox Umbrella Canopy (1) 80687 -- Handhold/Kick Plate Pkg (1) 80924 -- Double Seat (2) 81666 -- Fun Seat (2) 90269 -- 11' Upright, Alum (1) 90271 -- 13' Upright, Alum (9) 90272 -- 14' Upright, Alum (1) 90355 -- Store Front Panel, Below Dk (1) 90653 -- 3'-6"/4'-0" Zip Swerve Slide Left (1) 90750 -- Butterfly Climber (1) 90792 -- Sloped Funnel Climber Timbers(Dbl) (1) 90842 -- Single Spiral (5) 91150 -- Entryway - Timbers (1) 91157 -- Archway W/ Socket - Timbers (1) 91212 -- Gable Roof - Timbers (1) 91250 -- 4'0" - 4'6" Lily Pad Spiral Climber (1) 91285 -- Notched Log Climber (1) 91336 -- Timbers Enclosure W/ Molded Steering W (1) 91501 -- Olympus Climber - 7'0 thru 8'0 attac (1) 91607 -- Door Way Panel with Buttercups (1) 91622 -- Hi-Line Climbing Link 3' Rise (1) 91736 -- TreeTop Traverse (4'6"-6') (1) G90273 -- 15' Upright, Galv 1 5703RP GameTime - CRITTER PANEL $1,968.00 $1,968.00 1 5700rp GameTime - PLAYCAST CRITTER POST MOUNT $1,880.00 $1,880.00 1 GRN-LG UltraSite - NATUREROCKS GRANITE BOULDER LRG $25,122.00 $25,122.00 2 38217 GameTime - Flower Talk Tube Ground Level 2-5 $882.00 $1,764.00 3 38110 GameTime - Small Mushroom Red $765.00 $2,295.00 1 38112 GameTime - Log Crawl Thru $8,195.00 $8,195.00 1 10768 GameTime - Toad Stool Seat $627.00 $627.00 1 38223 GameTime - Tree Stump Table $1,051.00 $1,051.00 3 38111 GameTime - Tree Stump $919.00 $2,757.00 PO BOX 680121 FORT PAYNE, AL 35968 www.GAMETIME.COM 800-235-2440 02/13/2023 Quote # 102680-01-08 ANDERSON PARK PHASE I OPTION 4 Page 2 of 5 Quantity Part #Description Unit Price Amount 2 38115 GameTime - Tree Swing $9,585.00 $19,170.00 1 8552 GameTime - 3 1/2" Zero-G Chair (5-12)-Galv Chain $745.00 $745.00 1 5128 GameTime - Expression Swing 3 1/2" X 8'$1,859.00 $1,859.00 2 8910 GameTime - Belt Seat 3 1/2"Od(8910)$366.00 $732.00 1 INSTALL GameTime - CONCRETE SIDEWALKS, 1170 SF $10,350.00 $10,350.00 1 INSTALL GameTime - CONCRETE CURBING, 145 LF $7,335.00 $7,335.00 1 EWF GT-Impax - BULK ENG. WOOD FIBER, 273 CY, BLOWN IN $7,185.00 $7,185.00 3 161290 GameTime - Geo-Textile 2250 Sqft Roll $1,092.00 $3,276.00 1 INSTALL GameTime - SITE EXCAVATION, 5511 SF $17,830.00 $17,830.00 1 INSTALL GameTime - EQUIPMENT INSTALLATION $70,500.00 $70,500.00 1 PIP GT-Impax - PIP RUBBER SURFACING, 750 SF, 50% STANDARD COLOR, 50% BLACK MIX.$26,615.00 $26,615.00 1 INSTALL GameTime - 4" COMPACTED SUBGRADE, 750 SF $3,975.00 $3,975.00 1 BONDS Miscellaneous - P/P BONDS $10,652.00 $10,652.00 Contract: OMNIA #2017001134 Sub Total $420,799.00 Discount ($57,703.27) Freight $21,567.26 Total $384,662.99 Comments PLEASE ADD TAX IF APPLICABLE PRIVATE LOCATE BY OTHERS THIS QUOTATION IS SUBJECT TO POLICES IN THE CURRENT GAMETIME PARK AND PLAYGROUND CATALOG AND THE FOLLOWING TERMS AND CONDITIONS. OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS NOTED, AND CHANGES ARE SUBJECT TO PRICE ADJUSTMENT. PURCHASES IN EXCESS OF $1,000.00 TO BE SUPPORTED BY YOUR WRITTEN PURCHASE ORDER MADE OUT TO PLAYCORE WISCONSIN, INC dba GAMETIME Pricing: f.o.b. factory. Pricing Firm for 30 Days from the day of this quotation. Payment terms: Net 30 days for tax supported governmental agencies. A 1.5% per month finance charge will be imposed on all past due accounts.Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage notaccepted. Payment via credit card: If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check, ACH or Wire without any additional fees. Final TAX amount may change, any additional tax required will be customer's responsibility. Shipment: Standard playground and furnishings order shall ship within 10-12 weeks, Custom Panels 10-12 weeks, Vista Ropes Climbers 12-18weeks, Standard Shades and Shelters 14-16 weeks, Surfacing 1-2 weeks after GameTime's receipt and acceptance of your purchase order, colorselections, approved submittals, and receipt of deposit, if required. All orders remaining staged for shipment, with the manufacturer, after 10 business days, will be applicable to a minimum storage fee of $125.00, as well as an additional $125.00 per week, per order. The customer will be responsible to pay these fees once the equipment ships. Flatbed and Forklift requests would be additional charge (not included) Freight charges: Allowed & prepaid PO BOX 680121 FORT PAYNE, AL 35968 www.GAMETIME.COM 800-235-2440 02/13/2023 Quote # 102680-01-08 ANDERSON PARK PHASE I OPTION 4 Page 3 of 5 Installation: shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site preparation. Site should be level and permit installation equipment access. PURCHASER SHALL ABSORB ALL COSTS INCURRED FROM UNKOWN SOIL CONDITIONS SUCH AS ROCK REMOVAL, POOR DIGGING CONDITIONS (BEDROCK), OR POOR SOIL BEARING CAPACITY, INCLUDING BUT NOT LIMITED TO JACKHAMMER, BACKHOE OR BULLDOZER, SONOTUBES (PLUS DELIVERY, OPERATOR AND INSTALLATION IF REQUIRED) Exclusions: unless specifically included, this quotation excludes all bonds, prevailing wages, site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. PO BOX 680121 FORT PAYNE, AL 35968 www.GAMETIME.COM 800-235-2440 02/13/2023 Quote # 102680-01-08 ANDERSON PARK PHASE I OPTION 4 Page 4 of 5 BILL TO CUSTOMER: SHIP TO CUSTOMER: ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ PHONE NUMBER: _______________________ PHONE NUMBER: ________________________ FAX NUMBER: __________________________ FAX NUMBER: ___________________________ EMAIL FOR ORDER ACKNOWLEDGEMENT: ________________________________________________ COLORS: _____________________________ (PALETTE) UPRIGHTS: ______________ DECKS: ______________ ACCENTS: ______________ ARCHES: ______________ PLASTIC: ______________ METAL ROOFS: ______________ ROCK PLASTIC: ______________ GRIPS: ______________ ROOFS: ______________ TUBES: ______________ HDPE: ______________ 2 HDPE: ______________ SWINGS: _____________________________ ________________________________________ Sales Associate's Signature ________________________________________ ________________ Customer's Signature Date PO BOX 680121 FORT PAYNE, AL 35968 www.GAMETIME.COM 800-235-2440 02/13/2023 Quote # 102680-01-08 ANDERSON PARK PHASE I OPTION 4 Page 5 of 5 Anderson Park Anderson Park Anderson Park Version March 29, 2021 MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (this “Agreement”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“Principal Procurement Agencies”) with National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector and/or Communities Program Management, LLC, a California limited liability company d/b/a U.S. Communities (collectively, “OMNIA Partners”), in its capacity as the cooperative administrator, to be appended and made a part hereof and such other public agencies (“Participating Public Agencies”) who register to participate in the cooperative purchasing programs administered by OMNIA Partners and its affiliates and subsidiaries (collectively, the “OMNIA Partners Parties”) by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector or any successor website), or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into “Master Agreements” (herein so called) to provide a variety of goods, products and services (“Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows: 1. Each party will facilitate the cooperative procurement of Products. 2. The Participating Public Agencies shall procure Products in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency’s procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and DocuSign Envelope ID: 5583A7BE-4E49-4328-B9D0-4C4C185F2626DocuSign Envelope ID: 5DCE3797-B309-4268-8585-563564C18CEE Version March 29, 2021 that Principal Procurement Agencies’ participation in the program described herein comply with all applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(j), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable “safe harbor” regulations, including but not limited to any and all obligations to fully and accurately report discounts and incentives. 3. The Participating Public Agency represents and warrants that the Participating Public Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a hospital or healthcare provider; provided that the foregoing shall not prohibit Participating Public Agency from furnishing health care services so long as the furnishing of healthcare services is not in furtherance of a primary purpose of the Participating Public Agency. 4. The cooperative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures. 5. The Principal Procurement Agencies will make available, upon reasonable request, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. 6. The Participating Public Agency agrees the OMNIA Partners Parties may provide access to group purchasing organization (“GPO”) agreements directly or indirectly by enrolling the Participating Public Agency in another GPO’s purchasing program, provided that the purchase of Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency’s sole discretion. 7. The Participating Public Agencies (each a “Procuring Party”) that procure Products through any Master Agreement or GPO Product supply agreement (each a “GPO Contract”) will make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 8. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for purchase of similar products or services outside of the Master Agreement. Master Agreements may be structured with not-to-exceed pricing, in which cases the Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement. 9. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a DocuSign Envelope ID: 5583A7BE-4E49-4328-B9D0-4C4C185F2626DocuSign Envelope ID: 5DCE3797-B309-4268-8585-563564C18CEE Version March 29, 2021 Procuring Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non- procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party. 10.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT. 11.This Agreement shall remain in effect until termination by either party giving thirty (30)days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive any such termination. 12.This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) registration on the OMNIA Partners website or the execution of this Agreement by a Participating Public Agency, as applicable. Participating Public Agency: OMNIA Partners, as the cooperative administrator on behalf of Principal Procurement Agencies: NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY COMMUNITIES PROGRAM MANAGEMENT, LLC Authorized Signature Signature Sarah E. Vavra Name Name Sr. Vice President, Public Sector Contracting Title and Agency Name Title Date Date DocuSign Envelope ID: 5583A7BE-4E49-4328-B9D0-4C4C185F2626 6/15/2023 DocuSign Envelope ID: 5DCE3797-B309-4268-8585-563564C18CEE Whitney Mugford-Smith City of Wheat RidgeProcurement Manager 6/15/2023 ITEM NO: 2 DATE: June 26, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 37-2023 – A RESOLUTION APPROVING THE ASSIGNMENT TO THE JEFFERSON COUNTY HOUSING AUTHORITY, D/B/A FOOTHILLS REGIONAL HOUSING OF $1,970,630 OF THE CITY OF WHEAT RIDGE, COLORADO’S 2023 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: The City of Wheat Ridge has received an allocation of $1,970,630 for the purpose of issuing Private Activity Bonds (PABs) in 2023 under the state ceiling imposed by the Tax Reform Act of 1987. Staff recommends assigning the City’s allocation to Foothills Regional Housing which has agreed to issue PABs for The Ives affordable housing project at the corner of 44th and Wadsworth Boulevard. PRIOR ACTION: The City of Wheat Ridge has traditionally assigned the City’s PAB allocation to either the Colorado Housing and Finance Authority (CHFA) or the Metro Mayors Caucus for single family Council Action Form - Assignment of Private Activity Bonds June 26, 2023 Page 2 mortgage revenue bonds. The last allocation assignment was approved in 2011 to CHFA. Since 2011, neither CHFA nor the Metro Mayors Caucus were accepting applications for allocations because of the decline in the financial markets and the impact that has had on investor interest in PAB. Between 2012 and 2018, the City’s allocation was relinquished to the statewide balance for distribution to applicants by the Department of Local Affairs. City Council assigned the City’s 2019, 2020 and 2022 PAB allocations to FRH for the Caesar Square Apartments project and its 2021 PAB allocation for the Allison Village affordable housing project in Arvada. FINANCIAL IMPACT: There is no direct financial impact to the City of Wheat Ridge. However, injecting PAB capital into the community has a direct impact on real estate, construction, and financial markets by stimulating economic activity and jobs. BACKGROUND: PABs are tax exempt bonds designed to offer low-cost financing to private sector borrowers for projects that create jobs and expand the tax bases of local communities. PABs may be used to finance a broad array of community development projects including housing, manufacturing, higher education, infrastructure, and environmental projects. The bonding authority which allows the issuance of PABs is Volume Cap, created under the federal Tax Reform Act of 1986. The federal government allocates a maximum amount of Volume Cap use to each state annually, based on population. Per Colorado statute, the Department of Local Affairs (DOLA) administers the state’s allocation of Volume Cap. Under the statute, 50 percent of Colorado’s allocation is given to five statewide authorities, with DOLA deciding the proportional allocation of each. As a political subdivision of the state and an authority, CHFA is eligible to receive an allocation of Volume Cap, which it uses to issue tax exempt bonds throughout Colorado. CHFA uses its annual allocation to issue tax exempt bonds for single family mortgages, multifamily rental developments, manufacturers, and mortgage credit certificates. The remaining 50 percent of annual Volume Cap is allocated to local issuing authorities. A local issuing authority consists of “any city, town, county, or city and county which has a population in any year which would result in the local issuing authority having any allocation of the state ceiling in excess of one million dollars” (CRS 24-32-1702-8). After allocating Volume Cap to local issuing authorities, any remaining balance becomes available by application to the statewide balance. RECOMMENDATIONS: Staff recommends assigning the City’s PAB allocation to Foothills Regional Housing for The Ives affordable housing project at the corner of 44th and Wadsworth Boulevard. Council Action Form - Assignment of Private Activity Bonds June 26, 2023 Page 3 RECOMMENDED MOTION: “I move to approve Resolution No. 37-2023, a resolution approving the assignment to the Jefferson County Housing Authority, d/b/a Foothills Regional Housing of $1,970,630 of the City of Wheat Ridge, Colorado’s 2023 Private Activity Bond Volume Cap Allocation from the State Ceiling for Private Activity Bonds; and authorizing the execution and delivery of an Assignment and other documents in connection therewith.” Or, “I move to return the unused portion of the PAB allocation to the Statewide Balance for the following reason(s) ___________________________________.” REPORT PREPARED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 37-2023 2. Assignment of Allocation 3. Memo from Foothills Regional Housing, dated May 8, 2023 4889-3503-0628.2 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 37 Series of 2023 TITLE: A RESOLUTION APPROVING THE ASSIGNMENT TO THE JEFFERSON COUNTY HOUSING AUTHORITY, D/B/A FOOTHILLS REGIONAL HOUSING OF $1,970,630 OF THE CITY OF WHEAT RIDGE, COLORADO’S 2023 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the City of Wheat Ridge, Colorado (the “City”) has been awarded on January 1, 2023, $1,970,630 (the “2023 Allocation”) of the bond ceiling for the State of Colorado (the “State”) and its issuing authorities pursuant to the Colorado Private Activity Bond Ceiling Allocation Act, constituting Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the “Allocation Act”), for use in the issuance of private activity bonds; and WHEREAS, the Allocation Act provides for the assignment of bond allocations between “issuing authorities” (as defined in the Allocation Act) of the State; and WHEREAS, the Jefferson County Housing Authority, d/b/a Foothills Regional Housing (the “Assignee”) is authorized to issue housing revenue bonds constituting private activity bonds pursuant to Part 5 of Article 4 of Title 29, Colorado Revised Statutes, as amended (the “Act”) and the Supplemental Public Securities Act, Part 2, Article 57, Title 11 of the Colorado Revised Statutes, as amended, (the “Supplemental Act”); and WHEREAS, the City desires to assign and transfer to the Assignee all of the City’s 2023 Allocation, which the City and the Assignee will commit and reserve for the issuance of such private activity bonds; and WHEREAS, the City and the Assignee intend that all or a portion of the 2023 Allocation be utilized for a multifamily project located in Jefferson County, Colorado; and WHEREAS, it is necessary to evidence such assignment and transfer and the acceptance thereof by the execution and delivery by the City of an Assignment, dated as of June 26, 2023 (the “Assignment”), by and between the City and the Assignee; and WHEREAS, the Assignee proposes to issue its housing revenue bonds pursuant to the Act and the Supplemental Act, to finance “projects” under the Act (the “Project”). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. In order to finance the Project, the City hereby (i) assigns and transfers to the Assignee an amount equal to the 2023 Allocation and (ii) approves, and authorizes and directs ATTACHMENT 1 2 4889-3503-0628.2 the Mayor or City Manager of the City, or in the absence of the Mayor or the City Manager, any other council member of the City Council (the “City Council”), to execute and deliver and the City Clerk to attest and deliver, the Assignment in substantially the form presented to the City Council, with such changes, not inconsistent herewith, as are approved by the person executing the Assignment (whose execution thereof shall constitute conclusive evidence of such approval). A copy of the proposed Assignment is on file in the office of the City Clerk and is available for inspection by the public. Section 2. The Mayor or the City Manager of the City or any other member of the City Council and all appropriate City officers are hereby authorized and directed to execute and deliver and the City Clerk is hereby authorized and directed to attest and deliver such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the Assignment and this Resolution. Section 3. All actions not inconsistent with the provisions of this Resolution heretofore taken by the City Council and the officers of the City directed toward the assignment of the 2023 Allocation and the authorization of the Assignment hereby are ratified, approved, and confirmed. Section 4. Nothing contained in this Resolution or the Assignment shall constitute a debt, indebtedness or multiple-fiscal year direct or indirect debt or other financial obligation of the City within the meaning of the Constitution or statutes of the State or the home rule charter of any political subdivision thereof, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 5. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 6. This Resolution shall be in full force and effect upon its passage and approval. 3 4889-3503-0628.2 INTRODUCED, READ, PASSED AND ADOPTED this ____ day of ________ 2023. CITY OF WHEAT RIDGE, COLORADO Bud Starker, Mayor [SEAL] ATTEST: Steve Kirkpatrick, City Clerk 4872-5658-8132.2 ASSIGNMENT THIS ASSIGNMENT (this “Assignment”), dated as of the ____ day of __________, 2023, is by and between the CITY OF WHEAT RIDGE, COLORADO (the “Assignor”), a body corporate and politic and a political subdivision of the State of Colorado (the “State”), and the JEFFERSON COUNTY HOUSING AUTHORITY, D/B/A FOOTHILLS REGIONAL HOUSING (the “Assignee”), a body corporate and politic of the State; W I T N E S S E T H : WHEREAS, the Assignor has been awarded $1,970,630 (the “2023 Allocation”) of private activity bond volume cap allocation for the State of Colorado (the “State”) and its issuing authorities (the “State Ceiling”) computed under Section 146(d) of the Internal Revenue Code of 1986, as amended (the “Code”), and under the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the “Allocation Act”), for use in the issuance of private activity bonds; and WHEREAS, subject to the terms and conditions set forth herein, the Assignor desires to assign to the Assignee, and the Assignee desires to accept all $1,970,630 of the Assignor’s 2023 Allocation, which the Assignor has committed and reserved for the issuance of such private activity bonds; and WHEREAS, the private activity bonds will be issued by the Assignee pursuant to the Part 5 of Article 4 of Title 29, Colorado Revised Statutes, as amended (the “Act”), and the Supplemental Public Securities Act, Part 2 of Article 57 of Title 11, Colorado Revised Statutes, as amended (the “Supplemental Act”), and such bonds will be used only for “projects” as described under the Act; and WHEREAS, the Assignor and the Assignee intend that the 2023 Allocation be utilized to issue housing revenue bonds for the purpose of assisting in the financing of “projects” within the meaning of Title 29, Article 4, Part 5, Colorado Revised Statutes, as amended, in Jefferson County, Colorado including for a multifamily project located at 7525 W. 44th Avenue, Wheat Ridge, Colorado known as The Ives Phase 2 (or such other name as designated by the Assignee) or such other project approved by officials of Assignor (the “Project”); and WHEREAS, the Assignee intends to issue private activity bonds to finance the Project. NOW THEREFORE, in exchange for the agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. The Assignor hereby assigns and transfers to the Assignee all of the Assignor’s 2023 Allocation. The Assignee agrees to use all of the Assignor’s 2023 Allocation only for “projects” as described in the Act. In addition, the Assignor hereby consents to the election by the Assignee, if the Assignee in its discretion so decides, to treat all of the Assignor’s 2023 Allocation as an allocation for a project with a carryforward purpose, thus avoiding reversion of such 2023 ATTACHMENT 2 2 4872-5658-8132.2 Allocation to the statewide balance under the Allocation Act, or to assign the 2023 Allocation or a portion thereof to another Assignee. Section 2. The Assignor represents that it has received no monetary consideration for the assignment set forth above. Section 3. The Assignee hereby accepts the assignment of all of the Assignor’s 2023 Allocation from the State Ceiling described above, subject to the terms and conditions contained herein. Section 4. This Assignment shall not constitute the debt or indebtedness or financial obligation of the Assignor within the meaning of the constitution or statutes of the State of Colorado, nor give rise to a pecuniary liability or charge against the general credit or taxing power of the Assignor. Section 5. The Assignor and Assignee each agree that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Agreement, including but not limited to the Assignee filing, an IRS Form 8328 “Carryforward Election of Unused Private Activity Bond Volume Cap” with respect to all of the Assignor’s 2023 Allocation. Section 6. This Assignment is effective upon execution and is irrevocable. [Remainder of page intentionally left blank] 4872-5658-8132.2 IN WITNESS WHEREOF, the Assignor and the Assignee have caused this instrument to be executed to be effective as of the date and year first written above. CITY OF WHEAT RIDGE, COLORADO, as Assignor Bud Starker, Mayor [SEAL] ATTEST: Steve Kirkpatrick, City Clerk 2 4872-5658-8132.2 JEFFERSON COUNTY HOUSING AUTHORITY, D/B/A FOOTHILLS REGIONAL HOUSING, as Assignee By: ________________________________ Lori Rosendahl Executive Director/CEO [Signature Page to Wheat Ridge Assignment] 11941 West 48th Avenue, Wheat Ridge, CO 80033 ∙ Phone: 303.422.8600 ∙ Fax: 303.422.3229 Admin. Fax 720.974.5808 Colorado Relay 711 ∙ Web: www.foothillsrh.org May 08, 2023 Patrick Goff, City Manager City of Wheat Ridge 7500 W 29th Ave Wheat Ridge, CO 80033 RE: Request for 2023 Private Activity Bond Cap to Support Affordable Housing Dear Mr. Goff, The Jefferson County Housing Authority d/b/a Foothills Regional Housing (FRH) is the housing authority serving Colorado’s 774 square mile Jefferson County. FRH provides housing opportunities including affordable apartments, rental assistance vouchers, emergency home repairs, housing navigation, new development, and redevelopment in both incorporated and unincorporated areas of Jefferson County. Our mission is to create vibrant, stable communities in areas of opportunity, via bold and strategic initiatives, and to provide families and individuals with housing options driven by compassion and respect throughout Jefferson County. FRH’s portfolio includes 21 rental properties with 1200+ units. Our mission is not achievable without the partnership of entities such as the City of Wheat Ridge. FRH is currently working through pre-development activities to produce new affordable housing on a site within the City of Wheat Ridge and anticipates being able to submit applications to the Colorado Housing and Finance Authority for an allocation of Low-Income Housing Tax Credits (LIHTC) within the current calendar year (bond cap allocations can be carried forward for 3 years). This site is referred to herein as The Ives project. The Ives - Located at 44th Ave and Wadsworth, this site is on a major throughfare with public transit access running north/south through Wheat Ridge. FRH already owns the site and the zoning is in place as use- by-right to allow affordable housing at an acceptable density per our current project plans. FRH recently closed financing and broke ground on 50 affordable units at an adjacent site and intends to pursue a future phase of development on this site by submitting a LIHTC application on August 1, 2023. We anticipate needing to secure an additional approximately $5.1m in PAB cap to complete this project due to a pending reassignment of our previously allocated Jeffco cap to support the completion of an affordable rehabilitation project in Lakewood being undertaken by MetroWest Housing Solutions. The adjacent site currently under construction is intended to house, at least in part, a population impacted by homelessness to which services are anticipated to be provided on site via established case management/service partners, led by the Jefferson Center for Mental Health. We anticipate synergies could exist with the current service provider partners to serve any similar needs of future phase residents. At full build out, up to 220 units may be feasible but PAB cap would be required to reach the potential ATTACHMENT 3 density desired on an aggressive development schedule. All units will be for households earning, on average, less than 60% of Area Median Income. The city’s support of this project will directly benefit the local economy in generating likely over $20 million in construction costs alone, including many job creation opportunities. This investment will allow FRH to secure affordability and increase housing supply by building new Transit-Oriented, environmentally sustainable, service-enriched units in the City of Wheat Ridge. By doing so, we will create long-term, high quality affordable assets that will serve as a welcoming place to call home for lower-income Wheat Ridge residents for decades to come. To meet the federal requirements of the 4% LIHTC that will finance this investments, FRH requests that the City of Wheat Ridge assign the entirety ($1,970,630) of its 2023 Private Activity Bond (PAB) cap to Foothills Regional Housing for The Ives project. FRH has also requested and received assignments of 2022 and 2021 PAB cap from Golden and Jefferson County in an effort to continue supporting other affordable housing needs of our jurisdiction. Additionally, FRH routinely contributes over a million dollars towards its redevelopments by deferring developer fees and land carryback loans as construction capital sources. FRH is authorized under the relevant statutes, cited in the attached Assignment Resolution, to issue housing revenue bonds as private activity bonds for this or other (third party) qualifying “projects” within the statutory definition and FRH agrees to pay all legal costs and meet all requirements of state and federal statutes related to this assignment and any subsequent carryforward. FRH agrees to handle the issuance, assignment, and carryforward of any excess bond cap not utilized in a timely manner to finance this project by assigning it other qualifying projects with a sequential preference for affordable FRH portfolio projects (several rehab or infill projects are currently under consideration within FRH’s affordable portfolio), City of Wheat Ridge affordable projects, Jefferson County affordable projects, and finally Colorado affordable projects. We look forward to the opportunity to present this request to Wheat Ridge City Council. Sincerely, Amy Case Chief Real Estate Development Officer ITEM NO: 3 DATE: June 26, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 14-2023 – AN ORDINANCE AMENDING ARTICLE XI OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING REQUIREMENTS FOR MIXED USE ZONE DISTRICTS PUBLIC HEARING ORDINANCES FOR 1ST READING (06/12/23) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/26/23) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The proposed ordinance makes necessary updates to Article XI of Chapter 26 of the Code of Laws specifically to update and clarify development requirements for mixed use zone districts. The ordinance seeks to modernize portions of the mixed use code, to provide better clarity and organization for easier administration, and to establish standards that were not included in the original regulations. PRIOR ACTION: This topic was discussed with City Council in a study session on April 3, 2023 at which time Council provided consensus for staff to proceed with a code amendment. Specific issues associated with each proposed update are documented in the memo from that meeting. Planning Commission reviewed this ordinance at a public hearing held on May 18, 2023 and recommended approval. A copy of the draft Planning Commission minutes is attached. City Council approved this ordinance on first reading on June 12, 2023. A motion was made my Councilmember Dozeman and seconded by Councilmember Stites and was approved by a vote of 7 to 0. Council Action Form – Mixed-Use Code Updates June 26, 2023 Page 2 FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City. BACKGROUND: The City’s mixed use zoning requirements are found in Article XI of Chapter 26 and were adopted in 2010. A lot has changed in Wheat Ridge since 2010 when the code was written, and there are many lessons learned about how the current mixed use code is functioning. It is typical for cities to periodically update municipal codes as it relates to best practices, to add definitions and terms, and to clarify code language, particularly if they have not been reviewed or updated in several years. The ordinance makes the following updates to Article XI; additional detail can be found in the staff memo for the April 3, 2023 study session. • Adds to the code accessory building requirements because there are currently no allowances for accessory buildings, which was an oversight. Adds height, setback, and material regulations for all accessory buildings including sheds, garages, and ADUs. • Adds cross-reference to the City Charter regarding height, density, and exempted areas. • Updates building placement and orientation standards in Section 26-1105 including clarifying City authority to determine predominant orientation of townhomes and to require accessible pedestrian walks within developments. • Makes minor updates to vertical screening requirements to be consistent with the City’s Architectural and Site Design Manual. • Updates building material requirements in Section 26-1106: o Adds fiber cement siding and board-and-batten to allowed materials and creates limitations on the extent of this material on certain elevations. o Allows “classic” brick buildings whereby a façade can be majority brick and does not have to meet other change in material requirements. o Requires fuel canopy support structures to include primary materials. o Requires material specifications to be provided for synthetic materials. o Updates transparency requirements to allow some transfer between street-facing facades and to allow some non-reflective spandrel glass for back-of-house portions of buildings. o Updates rooftop screening requirements to be more clear. • Clarifies existing height bonuses for structured parking. • Updates bicycle parking requirements by increasing number of spaces required and allowing indoor secured bicycle parking. • Updates open space requirements in Section 26-1110: o Allows community gardens to count towards “usable” open space. o Codifies existing policy which allows artificial turf in limited circumstances for common areas. o Clarifies how open space percentages are calculated. • Updates permitted uses and adds definitions in Section 26-1111: o Defines and allows food truck parks o Updates definitions of personal services to include more items o Defines and allows makerspace Council Action Form – Mixed-Use Code Updates June 26, 2023 Page 3 o Prohibits drive-thrus in the MU-C TOD zone • Clarifies drive-thru and gas station separation requirements RECOMMENDATIONS: Staff recommends approval of the ordinance updating the mixed use code. RECOMMENDED MOTION: “I move to approve Council Bill No. 14-2023, an ordinance amending Article XI of Chapter 26 of the Wheat Ridge Code of Laws concerning requirements for mixed use zone districts, on second reading and that it takes effect fifteen (15) days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 14-2023, an ordinance amending Article XI of Chapter 26 of the Wheat Ridge Code of Laws concerning requirements for mixed use zone districts, for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 14-2023 2. Draft PC Meeting Minutes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DOZEMAN COUNCIL BILL NO. 14 ORDINANCE NO. 1766 Series 2023 TITLE: AN ORDINANCE AMENDING ARTICLE XI OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING REQUIREMENTS FOR MIXED USE ZONE DISTRICTS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety, or welfare; and WHEREAS, in the exercise of this authority, the Council has previously adopted Article XI of Chapter 26 of the Code of Laws, concerning mixed use zone district requirements; WHEREAS, the Council recognizes that from time to time the City’s zoning code needs to be updated to establish standards not included in original regulations, to include modern terms and uses, and to provide clarity to City staff and the public; WHEREAS, the Council finds that the mixed use code requirements in Article XI of Chapter 26 have not been comprehensively reviewed or updated since their adoption in 2010 and require revision. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-1104 of the Wheat Ridge Code of Laws, concerning building height requirements for mixed use zones, is hereby revised as follows: Sec. 26-1104. – Building height and residential density. A. Principle. Taller buildings allow for a range of uses within one (1) structure and encourage a compact form of development that is focused on pedestrian connections. Buildings with a similar range in height help to define the street wall and create an architectural identity for a corridor or area. B. The following table establishes required building heights. Whatever measurement is more restrictive—maximum stories or maximum feet—shall apply. ATTACHMENT 1 Building Height Requirements MU-C MU-C Interstate MU-C TOD MU-N Minimum height (a) 20' 20' 20' none Maximum height Mixed use building 6 stories (90') 8 stories (118') 8 stories (118') see C. below Single use building 4 stories (62') 6 stories (90') 6 stories (90') see C. below Accessory building 20’ 20’ 20’ 15’, except detached ADUs which may be up to 25’ Notes: (a) Minimum height requirements shall not apply to accessory buildings. C. In the MU-N district, any building containing a residential use shall have a maximum height of thirty-five (35) feet. All other buildings shall have a maximum height of fifty (50) feet. D. Building height and city charter. Where there is conflict regarding maximum building heights between this section and the city charter, the maximums established in the city charter section 5.10.1 shall apply. E. A parapet wall may be utilized to meet the minimum height requirement. F. For buildings over seventy-five (75) feet in height, see section 26-1106.G, Upper Story Stepbacks. G. Any portion of a building that is within one hundred (100) feet of a residentially or agriculturally zoned lot that has a single- or two-unit residential use shall not exceed a height of four (4) stories or sixty-two (62) feet, whichever is more restrictive. The one-hundred-foot distance shall be measured from the nearest property line of the residentially or agriculturally zoned lot. This requirement shall not apply where an arterial or collector street separates the building from the residential use. H. Density of residential dwelling units and city charter. There shall be no density restrictions established with the mixed-use zone districts to limit the number of residential dwelling units per acre. To the extent of conflict regarding maximum residential density between this section and the city charter, the maximum of twenty-one (21) units per acre established in the city charter section 5.10.1 shall control. I. Height incentive for structured parking. Refer to Section 26-1109.G. Section 2. Section 26-1105 of the Wheat Ridge Code of Laws, concerning building placement and orientation for mixed use zones, is hereby revised as follows: … B. Public entrances. All buildings are encouraged to have at least one (1) public entry that faces the primary or secondary street. 1. Within the MU-N and MU-C TOD sub-districts, each building shall have at least one (1) main public entry that faces the primary street or a public space adjacent to the building. For corner lots with more than one (1) street frontage, the public entry may be oriented toward the corner. 2. In all districts, for development sites with more than one (1) structure, those buildings that do not directly front a street shall have at least one (1) primary entrance that adjoins a pedestrian walk of at least five (5) feet in width. The primary entrance should be connected to the street by a walkway at least five (5) feet in width that is clearly defined and separated from parking areas. C. Building setbacks. Building Setbacks (Primary and Accessory) MU-C MU-N Minimum side setback 0' 0' Minimum rear setback 5' 5' Where abutting a residentially or agriculturally zoned lot that contains a single- or two-unit residential use (see § 26-1106.H Residential Transitions): Minimum side and rear setback: 1-2 story building 10' 10' Minimum side and rear setback: 3 story building 15' 15' Minimum side and rear setback: 4 story building and higher 20' 20' Minimum side and rear setback: Accessory building 5’ 5’, except for a 2-story ADU which shall be 10’ … E. Build-to areas. Build-to areas are intended to bring building façades toward the street. A build-to area requires that a minimum portion of each development site’s street frontage is occupied by a building, encouraging an active and interesting street frontage. The following table establishes build-to requirements for each district. Build-To Areas MU-C MU-N Primary Street Frontage Build-to area 0' — 20' 0' — 12' Linear portion of build-to area that must contain building façade (minimum) See Figures 2 and 3 50% (60 % for MU-C TOD) 60% Secondary Street Frontage Build-to area 0' — 20' 0' — 12' Linear portion of build-to area that must contain building façade (minimum) See Figures 2 and 3 30% 30% … 5. Accessory buildings shall not be located in the primary street frontage build-to area with the following exceptions: • If built in line with a primary building to allow garage access from an internal drive, provided that the site meets required primary build-to percentage without factoring in the accessory building, and that garage doors do not face public streets. • If part of an outdoor gathering or dining area such as a freestanding patio cover or pergola. • If a kiosk-style building that includes an active public commercial use such as retail or food and/or beverage sales. F. Attached residential development. The following requirements shall apply to single attached dwellings as defined in section 26-1119. 1. For units adjacent to public streets, front doors shall be located on the façade that faces the public right-of-way. For developments with more than one (1) building, street-facing orientation of front doors is not required for all buildings or dwelling units but shall be the predominant orientation across the overall development, as determined by the community development director. … Section 3. Section 26-1106 of the Wheat Ridge Code of Laws, concerning building design requirements for mixed use zones, is hereby revised as follows: …. C. Materials. 1. Only primary building materials shall be used for all façades. Primary building materials include, but are not limited to: • Brick. • Stone. • Architectural pre-cast concrete. • Synthetic brick and masonry materials, subject to the approval of the community development director to ensure quality. • Hard coat stucco. • Integral textured colored concrete block. • Terra-cotta. • Architectural metal panels. • Cement board siding or board and batten, with the following additional requirements: o Shall only be used as a material if additional primary materials such as brick, stone, or stucco are also used on the façade. o Shall not exceed 75% of any façade facing a public street or publicly accessible open space. o Shall not be the predominant material on a public-facing ground floor façade. … 4. Material variation: All building façades that face a street or public space shall have at least one (1) change in material for each ten (10) feet (and portion thereof) of wall height. A change in material must be at least twelve (12) inches in height. Masonry patterns, such as headers or rowlocks, can count as a change of material. Windows, canopies, and doorways will not count as a change of material. • As an exception, building façades may be predominantly brick or masonry materials and no material variation shall be required, provided changes in the brick pattern (such as headers or rowlocks) are included. This exception shall not apply to synthetic brick or masonry materials. • For gas station canopies, primary materials such as brick or stone shall be required around the canopy poles, at least two- thirds (2/3) of the total height of the pole. 5. Accessory buildings: Accessory structure(s) shall have exterior materials that are architecturally compatible with the primary structure(s). D. Ground floor transparency. … 4. Transparent doors and window mullions shall count as part of the transparent area. Structural elements and opaque or reflective glass shall not count toward the transparency requirement, except that up to twenty (20) percent of the transparency requirement for any, one (1) façade may be fulfilled by spandrel glass. The percentage of non-reflective spandrel glass used may be increased in limited circumstances if back-of-house portions of buildings must face a public street, subject to the approval of the community development director. … 7. For nonresidential uses on corner lots, the minimum transparency required for the primary street façade may be transferred to the secondary street façade provided that the primary street transparency is not less than 30%. E. Drive-throughs and drive-ups. … 2. Number of drive-up lanes. The following table specifies the maximum number of drive-up lanes allowed by district and sub-district: Maximum Number of Drive-Up Lanes Allowed MU-C MU-C Interstate MU-C TOD MU-N Max drive-up lanes 3 no limit 1not permitted 1 3. Location of drive-up lanes. Drive-up lanes between the building and street are discouraged. Within the MU-N district and MU-C TOD sub-district, the drive-up lane shall not be located between the building and the primary street (Figure 6). … Figure 6: Drive-up Lane Location. Within the MU-N district and MU-C TOD sub-district, the drive-up lane may not be located between the building and the primary street. … … F. Screening—Loading, service areas, and utilities. … 2. Screening elements shall be composed of materials consistent with the primary building. Wood and vinyl fences shall not be allowed as screening materials, with the exception of four (4) foot tall wood fences being permitted to screen ground-mounted air conditioning units for residential development. Screen walls and fences over ten (10) feet in length shall be bordered by a four-foot-wide landscape buffer. … 5. Rooftop equipment shall be screened by parapets or enclosures. Screening elements shall be composed of forms, materials, and colors that are compatible with the architectural qualities of the building, including materials, scale, form, and color. The screening element shall be at least as tall as the item being screened and may be shorter than the equipment only if the equipment is set back so that it is not visible from the public right-of-way, to be demonstrated by the applicant. The community development director may reduce or waive these screening requirements in the following circumstances: • The equipment is not visible from the public right-of-way, adjacent residential properties, or adjacent public spaces, to be demonstrated by drawings by the applicant. • The existing condition and construction of the roof makes attaching a new enclosure impractical or would compromise the integrity of the roof membrane. • There is existing unscreened rooftop equipment and screening new facilities would result in a more conspicuous design. … Section 4. Section 26-1107.C.1 of the Wheat Ridge Code of Laws, concerning screening requirements for surface parking lots, is hereby revised as follows: 1. Where a surface parking lot directly abuts a street or public space (1) or more of the following screening elements shall be used: … • A vertical screening device, thirty (30) to forty-six (46) forty-two (42) inches in height. The screening device may be a continuous masonry wall constructed of stone, brick, or split face concrete block, a combination masonry pier and decorative iron railing, or any other decorative and durable screening device that is consistent with the materials of the primary building. Wood, chain link and vinyl picket fencing shall not be permitted. The screen must meet the sight triangle requirements in section 26-603. … Section 5. Section 26-1109.G of the Wheat Ridge Code of Laws, concerning incentives for structured parking, is hereby revised to break up the existing paragraph into two subsections as follows: G. Incentive for structured parking. Except within the MU-N district, a building that incorporates underground or structured parking qualifies for the higher building heights allowed for mixed use buildings in the height requirements table in section 26-1104.B, even if that building is not mixed use. For a development site with a freestanding parking garage, the additional building height may be applied to a building within the development site that is served by the parking structure. This height bonus shall not apply for parking structures that contain parking at the ground floor without at least one (1) nonresidential use. 1. Except within the MU-N district, a single use building that incorporates underground or structured parking qualifies for the higher building height allowed for mixed use buildings in the height requirements table in section 26-1104.B, even if that building is not mixed use. 2. For a development site with a freestanding parking garage, the additional building height may be applied to a building within the development site that is served by the parking structure. This height bonus applies only to parking structures that contain at least one nonresidential use at the ground floor. Section 6. Section 26-1109.J of the Wheat Ridge Code of Laws, concerning bicycle parking requirements for mixed use zones, is hereby revised as follows: J. Bicycle parking. 1. For nonresidential development, or portion thereof, bicycle parking spaces shall be required at a rate of one (1) bicycle parking space for every ten (10) twenty (20) automobile parking spaces. No nonresidential development shall provide less than four (4) bicycle parking spaces. One (1) standard “Inverted U” bicycle rack shall be considered two (2) bicycle parking spaces. 2. For multi-unit and single attached residential development, or portion thereof, bicycle parking spaces shall be required at a rate of one (1) bicycle parking space for every four (4) ten (10) units. No multi-unit residential development shall provide less than three (3) four (4) bicycle parking spaces. One (1) standard “Inverted U” bicycle rack shall be considered two (2) bicycle parking spaces. 3. Parking for bicycles shall be provided on site, in addition to any bicycle parking required in the right-of-way by the streetscape design manual. Bicycle parking areas shall be well-lighted and located not more than fifty (50) feet from the primary building entrance. Bicycle parking for residential uses is encouraged to be sheltered and secured. 4. Secured, indoor bicycle parking and storage is encouraged in multi-unit residential development and shall count towards the total number of spaces required, although a minimum of four (4) bicycle parking spaces shall be provided outside the building. Indoor bicycle parking shall take the form of a secured bicycle storage room. Section 7. Section 26-1110 of the Wheat Ridge Code of Laws, concerning open space requirements for mixed use zones, is hereby revised as follows: … D. Minimum landscaping. At least thirty-five (35) percent of the required open space area shall be composed of landscaped materials, including trees. The minimum plant sizes required by section 26-502.F shall apply. E. Usable open space. For all development sites, at least seventy-five (75) percent of the required open space must be usable open space. 1. Usable open space includes open space, which by its configuration, size, and design, can be used for passive or active recreation. 2. Usable open space includes plazas, parks, outdoor dining areas, courtyards, community gardens and publicly accessible green roofs. Required buffers or parking lot landscaping shall not qualify as usable open space. 3. Land with a slope steeper than one (1) foot (vertical) in three (3) feet (horizontal) shall not qualify as usable open space. 4. Drainage ways, ponds, and other areas required for stormwater quality or detention may qualify as usable open space if such areas are designed for passive or active use and are landscaped with grass, shrubs, and/or trees. A list of recommended plants for stormwater detention areas is available through the community development department. 5. Walking paths or sidewalks of at least five (5) feet in width may count towards usable open space percentages if part of a pedestrian network such as a walking loop or paths through other usable open spaces such as a common lawn or plaza. 6. Private fenced yards for the exclusive use of a single owner or occupant of a dwelling unit shall qualify as open space, but not as usable open space. F. Land planted for food production, including community gardens, shall qualify as open space, but not as usable open space. F. Artificial turf. Artificial turf is prohibited except in limited circumstances for common areas and outdoor dining areas, such as central plazas, patios, play areas, or ball fields (but not private yard space or required landscape buffers) within the discretion of the community development director. Artificial turf shall not qualify as landscaped materials as required by Section 26-1110.D. … I. The requirements of section 26-502 shall not apply within any mixed-use zone, with the exception of the minimum plant sizes in 26-502.F. … Section 8. Section 26-1111.B of the Wheat Ridge Code of Laws, which contains the permitted use table for mixed use zones, is hereby revised as follows: B. Permitted and conditional special uses are shown in the following table. This table, and not the table in section 26-204, shall apply for all of the mixed use zone districts. Uses not listed shall be deemed excluded. Permitted Uses Use Group MU-C MU-C Interstate MU-C TOD MU-N … Commercial Services and Retail Adult entertainment NP NP NP NP Animal daycare facility (See § 26-644) P P P P Bail bonds (per § 26-634) C C NP NP Banks and financial institutions, no drive-through or drive-up P P P P Banks and financial institutions, with drive-through or drive-up C P C NP C Bars, taverns, and night clubs P P P P Bed and breakfast P P P P Car washes NP C NP NP Day care center, child and adult P P P P Drive-up or drive-through uses (per § 26-1106.E) C P C NP C Eating establishment, sit down P P P P Eating establishment, drive-through or drive-up C P C NP C Fast food eating establishment, drive- through or drive-up C P C NP C Food truck park P P P P Massage business (See chapter 11, article X, Code of Laws for additional restrictions) P P P P Microbrewery, microdistillery, or microwinery; with a tap room P P P P Microbrewery, microdistillery, or microwinery; without a tap room NP P NP NP Motor fueling stations C C NP C Motor vehicles sales, outdoor display NP NP NP NP Motor vehicle sales, indoor display P P C C Outdoor storage NP NP NP NP Pawn brokers NP NP NP NP Personal services P P P P Photocopying and printing P P P P Produce stands (See § 26-636 and § 26-613 for home occupations) P P P P Recreation facilities, commercial P P P P Repair, rental and servicing of automobiles, no outdoor storage C P C C Retail sales — up to 20,000 gsf for one tenant space P P P P Retail sales — up to 60,000 gsf for one tenant space P P C C Retail sales — over 60,000 gsf for one tenant space C C NP NP Urban gardens (See § 26-637) P P P P Veterinary clinics and hospitals, no outdoor runs, play yards, pens, or training areas P P P P Hospitality and Entertainment Art studios and galleries P P P P Hotels, motels, and extended stay lodging (See ch. 11, art. XVI) P P P P Studios, including art, music, dance, television, and radio broadcasting stations P P P P Theaters P P P P Office and Industrial Maker space/workshop P P P P Medical and dental clinics P P P P Offices P P P P Office-warehouse, no outdoor storage C C C NP Outdoor storage NP NP NP NP Restricted light industrial C C C NP Wholesale C C C C Section 9. Section 26-1111.C of the Wheat Ridge Code of Laws, concerning separation of drive-through uses, is hereby revised as follows: C. Separation requirements for drive-through/drive-up uses. Where drive-through and drive-up uses are permitted in the permitted use table (section 26-1111.B) the following separation requirements shall apply. These separation requirements shall not apply in the MU-C Interstate sub-district and shall not apply to any mixed-use development that has an approved concept plan (per section 26-1116). 1. There shall be a minimum five-hundred-foot separation between fast food eating establishments with a drive-through, measured in a straight line radially from any fast-food drive-through use from the nearest property line of each such use to the nearest property line of the same use (without regard to intervening structures or objects), including existing uses, regardless of zone district. 2. There shall be a minimum five-hundred-foot separation between all other drive-through/drive-up uses, including pharmacies, banks, and non-fast food eating establishments with a drive-up window, measured in a straight line radially from any drive-through/drive-up use from the nearest property line to the nearest property line (without regard to intervening structures or objects), including existing uses, regardless of zone district. 3. Minimum separation requirements shall only apply to properties that did not have a legal, operating drive-through/drive-up use at the time of rezoning to a mixed-use zone district. 4. Measurements shall exclude drive-through/drive-up uses located outside of the City of Wheat Ridge corporate limits. Section 10. Section 26-1111.D of the Wheat Ridge Code of Laws, concerning separation of motor fueling stations, is hereby revised as follows: D. Separation requirements for motor fueling stations. Where motor fueling stations are permitted in the permitted use table (section 26-1111.B), the following separation requirements shall apply. These separation requirements shall not apply in the MU-C interstate sub-district and shall not apply to any mixed-use development that has an approved concept plan (per section 26-1116). 1. There shall be a minimum one-thousand-foot separation between motor fueling stations, measured in a straight line radially from any motor fueling station from the nearest property line to the nearest property line (without regard to intervening structures or objects), including existing uses, regardless of zone district. 2. Minimum separation requirements shall only apply to properties that did not have a legal, operating fueling station use at the time of rezoning to a mixed-use zone district. 3. Measurements shall exclude fueling station uses located outside of the City of Wheat Ridge corporate limits. Section 11. Section 26-1119 of the Wheat Ridge Code of Laws, defining certain terms applicable to Article XI of the Code, is hereby amended by the revision of certain definitions and the addition of the following new definitions in the appropriate alphabetical location, as follows: Food truck park. An arrangement of parking, seating, and restroom facilities for multiple mobile retail food establishments (“food trucks”) to offer food and/or beverages for sale to the public as a primary use of a property. The site shall include a permanent building containing restroom facilities at a minimum, which may also include food and/or beverage preparation and sales and indoor seating. Makerspace/workshop. A center for peer-to-peer or self-directed learning and knowledge sharing, in the form of but not limited to workshops, presentations, and lectures, and the use of shared workshop space, tools, and equipment, often on a membership basis. The use may involve elements of machine shops, workshops, and/or studios where people can come together to share resource and knowledge to build and make things, including but not limited to works of art, music, crafts, literature, woodworking, welding, kiln work, CNC work, plasma cutting or other intellectual property; food or beverage; software, robots, and so forth. The use may also involve co-working. The use may also include social activities for members. The use may be a principal use or it may be a component of another use with an educational mission, such as a school or library. As a principal use, it may include accessory retail sales and accessory food and/or beverage sales. Personal services. Establishments primarily engaged in providing services involving the care of a person and his or her personal goods or apparel. Personal services usually include the following: laundry (cleaning and pressing);, linen supply, diaper service, beauty shops, barbershops, shoe repair, tailor/alterations shops, body art, photocopying and printing, and similar uses. Section 12. Severability, Conflicting Ordinances Repealed. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 13. Effective Date. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 12th day of June 2023, 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 26, 2023, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 26th day of June 2023. SIGNED by the Mayor on this _____ day of ____________, 2023. _______________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: June 15, 2023 Second Publication: June 29, 2023 Effective Date: July 14, 2023 Published: Jeffco Transcript and www.ci.wheatridge.co.us Planning Commission Minutes -1 – May 18, 2023 PLANNING COMMISSION Minutes of Meeting May 18, 2023 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair DITULLIO at 6:31 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. 2.ROLL CALL OF MEMBERS Commission Members Present:Kristine Disney Jerry DiTullio Daniel Larson Janet Leo Patrick Quinn Jonathan Schelke Julianne Stern Commission Members Absent: Will Kerns Staff Members Present: Lauren Mikulak, Community Development Director Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda as written. 5.APPROVAL OF MINUTES – April 20, 2023 It was moved by it was moved by consensus to approve the minutes of April 20, 2023, as written. 6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7.PUBLIC HEARING ATTACHMENT 2 Planning Commission Minutes - 2 – May 18, 2023 A. Case No. ZOA-23-05: An ordinance amending Article XI of Chapter 26 of the Wheat Ridge Code of Laws concerning requirements for mixed use zone districts. Ms. Mikulak gave a short presentation regarding the ordinance. In response to multiple questions from Commissioner LARSON, Ms. Mikulak confirmed the height and density will not change because there is a cap in the City Charter; the build-to standards will not change; and the quality of material used on buildings will have elevated standards. Commissioner SCHELKE inquired about bicycle parking requirements. Ms. Mikulak mentioned the City does not require much for bicycle parking and the goal is to make some quick amendments to existing code and then study the topic later more in-depth. Commissioner SCHELKE asked for the walking path language to be explained. Ms. Mikulak explained that the Mixed-Use code requires that a certain amount of open space be usable and functional and staff has historically interpreted that to require sidewalks at least 5 feet wide. Commissioner DITULLIO inquired if drive-thru structures will be more or less restrictive. Ms. Mikulak said that the more restrictive component is that a drive-thru will not be allowed in the City’s MU-C TOD zone district, to make sure it is pedestrian oriented. Public Comment No one wished to speak at this time. It was moved by Commissioner STERN and seconded by Commissioner LEO to recommend approval of the proposed ordinance amending Article XI of Chapter 26 of the Wheat Ridge Code of Laws concerning requirements for mixed use zone districts. Motion carried 7-0. B. Case No. ZOA-23-06: An ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws concerning parking requirements for deed- restricted affordable housing and making conforming amendments therewith. Ms. Mikulak gave a short presentation regarding the ordinance. ITEM NO: 4 DATE: June 26, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 15-2023 – AN ORDINANCE AMENDING ARTICLES V AND XI OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PARKING REQUIREMENTS FOR DEED-RESTRICTED AFFORDABLE HOUSING, AND MAKING CONFORMING AMENDMENTS THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING (06/12/23) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/26/23) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The proposed ordinance reduces minimum parking requirements for deed-restricted affordable dwelling units in multi-unit residential zones and in mixed-use zones, including transit-oriented development (TOD) areas. PRIOR ACTION: This topic was discussed with City Council in a study session on April 17, 2023, at which time Council provided consensus for staff to proceed with a code amendment. Planning Commission reviewed this ordinance at a public hearing held on May 18, 2023. There was not consensus, and Planning Commission recommended denial by a vote of 4 to 3. Four commissioners expressed concerns about the proposed minimum requirements and the potential impacts to residents and neighbors. Three commissioners expressed support for the ordinance as drafted. A copy of the draft Planning Commission minutes is attached. The ordinance was slightly revised to take Planning Commission’s comments into consideration, as further discussed below. Council Action Form – Affordable Housing Parking June 26, 2023 Page 2 City Council approved this ordinance on first reading on June 12, 2023. A motion was made by Councilmember Hultin and seconded by Councilmember Ohm and was approved by a vote of 7 to 0. FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City. BACKGROUND: The adopted Affordable Housing Strategy describes housing-supportive code amendments and identifies reducing minimum parking requirements as a potential action item, which would help address the cost of developing affordable housing in Wheat Ridge. Parking is expensive costing several thousand dollars per space in a traditional parking lot and tens of thousands of dollars per space in a garage. Although City-imposed parking requirements are only a small portion of the total development costs of a housing unit, any City contribution to eliminating extra costs can help shrink financing gaps for affordable housing developers. The proposed ordinance reduces minimum parking requirements for deed-restricted affordable dwelling units. The reduced parking requirements do not affect requirements for market-rate housing—even if rents are below average—nor workforce housing, which is a market-rate product with rents and/or unit sizes below average. The ordinance takes a three-tiered approach to reducing parking requirements for deed-restricted affordable dwelling units and is based on research of peer communities and national models. At the April 17 study session, staff had proposed reductions to both the minimum and maximum requirements. Based on further study and feedback from the Planning Commission, the ordinance reflects a lower minimum requirement but retains the same maximum requirement providing affordable housing developers with flexibility. This approach is summarized in the table below: Location Current Requirement Proposed Requirement Within ¼ mile of a fixed guideway transit station or bus rapid transit 1 space/unit minimum 2.5 spaces/unit maximum 0.25 spaces/unit minimum 2.5 space/unit maximum Within mixed use zone districts 1 space/unit minimum 2.5 spaces/unit maximum 0.5 spaces/unit minimum 2.5 spaces/unit maximum Multi-unit projects within Residential-Three (R-3) 1.5 to 2 spaces per unit (depending on bedroom count) Note: this is a minimum requirement, no maximum applies in R-3 0.75 to 1.25 spaces per unit (depending on bedroom count) Affordable housing providers including Foothills Regional Housing are experts in building and developing deed-restricted affordable housing projects. They best understand the parking needs of residents, staff, and guests. For market rate developments, the requirements of banks and investors often inform the proposed parking for a project, and the same is true of affordable housing projects. Most deed-restricted affordable housing projects require Low Income Housing Tax Credits (LIHTC) which are allocated by the Colorado Housing Finance Authority (CHFA). Council Action Form – Affordable Housing Parking June 26, 2023 Page 3 CHFA requires 0.8 spaces per unit and requires a parking study for any project that proposes a lower parking ratio. The zoning code has an implicit assumption that all residents own cars and can result in construction of unnecessary parking. The proposed parking minimums do not guarantee projects will be parked at those levels, but instead offers flexibility. Reducing parking requirements to a more reasonable number allows affordable housing experts to best respond to the needs of their residents, staff, and guests. The above recommendations will not affect existing requirements for accessible (ADA) parking, which is required by Federal/State law and the building code, nor will it affect requirements for designated loading areas and/or guest parking. The ordinance expands the Community Development Director’s authority to request guest parking for sites that do not have designated on-street parking spaces adjacent to the property or provide parking only within private garages. Lastly, the ordinance clarifies that some parking reductions already afforded by the code for TOD areas will not apply to deed-restricted affordable units since they will now have a much lower parking requirement. RECOMMENDATIONS: Staff recommends approval of the ordinance reducing minimum parking requirements for deed-restricted affordable residential units. RECOMMENDED MOTION: “I move to approve Council Bill No. 15-2023, an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning parking requirements for deed-restricted affordable housing, and making conforming amendments therewith, on second reading and that it takes effect fifteen (15) days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 15-2023, an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning parking requirements for deed-restricted affordable housing, and making conforming amendments therewith for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 15-2023 2. Draft PC Meeting Minutes ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HULTIN COUNCIL BILL NO. 15 ORDINANCE NO. 1767 Series 2023 TITLE: AN ORDINANCE AMENDING ARTICLES V AND XI OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PARKING REQUIREMENTS FOR DEED-RESTRICTED AFFORDABLE HOUSING, AND MAKING CONFORMING AMENDMENTS THEREWITH WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety, or welfare; and WHEREAS, in the exercise of this authority, the Council adopted the Affordable Housing Strategy and Action Plan in January 2023 to establish a foundation and framework for the City to address affordable housing issues; and WHEREAS, the Council finds it necessary to reduce the burden of developing income-restricted affordable housing within the City of Wheat Ridge. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-501.E.2 (Table 6) of the Wheat Ridge Code of Laws, the Schedule of Required Off-Street Parking, is hereby amended as follows: Multi-unit residential 1.5 spaces per 1 bedroom unit (0.75 spaces if deed-restricted affordable unit) 2.0 spaces per 2 or 3 bedroom unit (1 space if deed-restricted affordable unit) 2.5 spaces per 4 or more bedroom unit (1.25 spaces if deed-restricted affordable unit) Plus 1 additional space for each 10 spaces shall be required as designated visitor parking. Such visitor parking shall not be used by residents for personal parking nor for storage of utility or recreation vehicles. Section 2. Section 26-1109.B of the Wheat Ridge Code of Laws, the table regulating parking requirements for mixed use zone districts, is hereby amended as follows by adding a new use group in the appropriate alphabetical location within the table: Use Group Minimum Required Parking Maximum Allowed Parking Residential, deed-restricted affordable 0.5 spaces per unit or 0.25 spaces per unit if within ¼ mile of a fixed guideway transit station or bus rapid transit 2.5 spaces per unit Section 3. Section 26-1109.F of the Wheat Ridge Code of Laws, concerning transit parking reductions in mixed use zones, is hereby amended as follows: F. Transit parking reductions. Properties within the MU-C TOD sub-district may reduce minimum parking requirements by twenty (20) percent. This reduction shall not apply to deed-restricted affordable dwelling units governed by subsection B above. Section 4. Section 26-1109 of the Wheat Ridge Code of Laws, concerning parking requirements in mixed use zones, is hereby amended as follows with the insertion of a new subsection K: K. The community development director shall have authority to request that on-site visitor parking or loading areas be provided if there are no on-street parking spaces abutting the use or if the parking is predominantly provided in private garages. Section 5. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. Effective Date. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 12th day of June 2023, 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 26, 2023, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 26th day of June 2023. SIGNED by the Mayor on this _____ day of ____________, 2023. _______________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: June 15, 2023 Second Publication: June 29, 2023 Effective Date: July 14, 2023 Published: Jeffco Transcript and www.ci.wheatridge.co.us Planning Commission Minutes -1 – May 18, 2023 PLANNING COMMISSION Minutes of Meeting May 18, 2023 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair DITULLIO at 6:31 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. 2.ROLL CALL OF MEMBERS Commission Members Present:Kristine Disney Jerry DiTullio Daniel Larson Janet Leo Patrick Quinn Jonathan Schelke Julianne Stern Commission Members Absent: Will Kerns Staff Members Present: Lauren Mikulak, Community Development Director Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda as written. 5.APPROVAL OF MINUTES – April 20, 2023 It was moved by it was moved by consensus to approve the minutes of April 20, 2023, as written. 6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7.PUBLIC HEARING ATTACHMENT 2 Planning Commission Minutes - 2 – May 18, 2023 A. Case No. ZOA-23-05: An ordinance amending Article XI of Chapter 26 of the Wheat Ridge Code of Laws concerning requirements for mixed use zone districts. Ms. Mikulak gave a short presentation regarding the ordinance. In response to multiple questions from Commissioner LARSON, Ms. Mikulak confirmed the height and density will not change because there is a cap in the City Charter; the build-to standards will not change; and the quality of material used on buildings will have elevated standards. Commissioner SCHELKE inquired about bicycle parking requirements. Ms. Mikulak mentioned the City does not require much for bicycle parking and the goal is to make some quick amendments to existing code and then study the topic later more in-depth. Commissioner SCHELKE asked for the walking path language to be explained. Ms. Mikulak explained that the Mixed-Use code requires that a certain amount of open space be usable and functional and staff has historically interpreted that to require sidewalks at least 5 feet wide. Commissioner DITULLIO inquired if drive-thru structures will be more or less restrictive. Ms. Mikulak said that the more restrictive component is that a drive-thru will not be allowed in the City’s MU-C TOD zone district, to make sure it is pedestrian oriented. Public Comment No one wished to speak at this time. It was moved by Commissioner STERN and seconded by Commissioner LEO to recommend approval of the proposed ordinance amending Article XI of Chapter 26 of the Wheat Ridge Code of Laws concerning requirements for mixed use zone districts. Motion carried 7-0. B. Case No. ZOA-23-06: An ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws concerning parking requirements for deed- restricted affordable housing and making conforming amendments therewith. Ms. Mikulak gave a short presentation regarding the ordinance. Planning Commission Minutes - 3 – May 18, 2023 Commissioner DITULLIO read an email he sent to Ms. Mikulak giving his opinion about lowering the parking standard for deed-restricted properties. He acknowledge a comment submitted by Foothills Regional Housing, and noted the problem he has with lowering the parking standard is that we telling people living in deed restricted housing that they need to use mass transit which is not reliable or safe right now, and they really cannot own a vehicle. For those who own cars, parking would be limited and they would have to use the street. He commented that this doesn’t seem to be about parking, but appears to be bypassing the zoning and allowing an increase in density, rather than focusing on quality of life. He expressed that he does not support the ordinance as written. Commissioner QUINN shared his concern that lowering parking in affordable housing sites will hurt those with trade jobs that have tools. He expressed concerns about construction jobs having to rely on mass transit because of tools, shift schedules, job site locations, and the unreliability of transit. He expressed hesitation in supporting the ordinance. Commissioner LARSON asked if this ordinance will apply to R-3 and Mixed-Use zone districts. Ms. Mikulak confirmed the changes would apply in those districts only for deed- restricted affordable projects that serve income-qualified residents. Commissioner DISNEY said she has concerns about reducing the parking because overflow parking will go into streets and neighborhoods. She inquired if there will be a lot of deed-restricted apartments in the future and mentioned she would like to maintain the character of the community with less street parking. Ms. Mikulak clarified there is not a lot of deed-restricted affordable properties in the City, and it is not going to increase a lot. To the extent the City desires more deed-restricted affordable housing, staff is analyzing what the City can do to increase that supply of housing for people like nurses and teachers. Deed- restricted affordable units are unlikely to proliferate in established neighborhoods because of density limitations, lot size, and economy of scale. There are limits on what the City can do in the code to make it easier to build affordable units, but modifying parking requirements is one way to provide flexibility. Ms. Mikulak explained how developers establish parking supply for both market-rate and affordable projects. Commissioner STERN mentioned she is a developer in her professional life and primarily works on deed-restricted affordable housing projects. She shared that Denver has changed their parking requirements for affordable housing to zero, but this does not mean projects are built without parking. She explained the process of review for affordable projects and the many agencies involved in setting parking requirements. She explained the requirements of the Colorado Housing Finance Planning Commission Minutes - 4 – May 18, 2023 Authority (CHFA) who is involved in most affordable projects and for whom parking studies are required to justify parking ratios below 0.8. She responded to earlier comments noting that it a 0.25 ratio in Wheat Ridge would be unlikely to happen on most if any projects, and further that it would be unlikely that this single code amendment results in an influx of affordable projects to Wheat Ridge. She expressed support for the code amendment because it removes a small but real barrier. She added, that as a community the City has a responsibility to provide housing to all different kinds of people and parking can make a project very expensive to develop deed-restricted affordable housing. Commissioner LEO commented that she believes a person with 60-80% AMI will most likely own a car even if they don’t use it all the time and does not understand why the City will not provide parking. Ms. Mikulak said the proposed change removes the assumption that every household owns a car, relies on data related to deed-restrictive housing, and provides flexibility to a parking lot can be right-sized for a project. The City is not the expert on parking supply and is trying to provide flexibility. There was some discussion from Commissioners DITULLIO and STERN about whether or not affordability will proliferate because of this code amendment. Commissioner LARSON asked if the minimums can be eliminated and go with the maximums. Ms. Mikulak mentioned that will be tricky because the whole point of this ordinance is to change the minimum. Commissioner DISNEY expressed that she is inclined to support the ordinance because she recognizes this ordinance is a tool for negotiation and will give the City flexibility to work with a developer to bring a project to fruition. Ms. Mikulak explained procedural options including motions for approval, denial, or amendments to the motion. It was moved by Commissioner DITULLIO and seconded by Commissioner QUINN to recommend denial of the proposed ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning parking requirements for deed-restricted affordable housing, and making conforming amendments therewith and would like City Council to reevaluate minimums and maximums for deed-restricted housing parking requirements. Motion carried 4-3 with Commissioners DISNEY, SCHELKE and STERN voting against. Commissioner QUINN agrees that this ordinance needs another look. Planning Commission Minutes - 5 – May 18, 2023 Commissioner SCHELKE thinks that the City needs to look forward and encourage affordable housing even if it means taking away some parking spaces. C. Case No. ZOA-23-07: An ordinance amending Articles I and II of Chapter 26 of the Wheat Ridge Code of Laws, concerning definitions and regulations for childcare facilities and making confirming amendments therewith. Ms. Mikulak gave a short presentation regarding the ordinance. Commissioner LARSON recognizes the need for childcare, and inquired if a legislative rezone of NC and RC could be done. Ms. Mikulak said that it had been considered in the past but did not move forward because MU-N is not an appropriate zone in all of those instances, but that a more comprehensive review of the use charts for NC and RC could be a valuable future project. Commissioner QUINN thinks this is a good idea and necessary for the community. Commissioner SCHELKE shared that the lack of daycares is a huge problem as is affordability of daycare and the City should do anything to help. Commissioner DITULLIO inquired why there is low number of daycares in Metro Denver area, and Ms. Mikulak speculated as to why. It was moved by Commissioner DISNEY and seconded by Commissioner SCHELKE to recommend approval of the proposed ordinance amending Articles 1 and II of Chapter 26 of the Wheat Ridge Code of Laws, concerning definitions and regulations for childcare facilities and making conforming amendments therewith. Motion carried 7-0. 8. NEW BUSINESS A. Ms. Mikulak introduced Commissioner QUINN and mentioned a new Planning Manager, Jana Easley, has been hired and will be introduced at the next meeting. B. Upcoming Dates No Planning Commission meetings in June. Ms. Mikulak announced that on June 3 Gold’s Marketplace will have a block party to introduce their tenants and on June 24 RidgeFest will be held. ITEM NO: 5 DATE: June 26, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 16-2023 – AN ORDINANCE AMENDING ARTICLES I AND II OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING DEFINITIONS AND REGULATIONS FOR CHILDCARE FACILITIES, AND MAKING CONFORMING AMENDMENTS THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING (06/12/23) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/26/23) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The proposed ordinance allows day care centers in Neighborhood Commercial (NC) and Restricted Commercial (RC) zone districts, updates the code to align with State regulations, provides cross-references in the zone district use chart for home-based day care which are allowed as home occupations, and permits day care centers at institutional properties in residential and agricultural zone districts. The ordinance is intended to reduce barriers to opening new childcare facilities in Wheat Ridge. PRIOR ACTION: This topic was discussed with City Council in a study session on April 17, 2023 at which time Council provided consensus for staff to proceed with a code amendment. Planning Commission reviewed this ordinance at a public hearing held on May 18, 2023 and recommended approval. A copy of the draft Planning Commission minutes is attached. Council Action Form – Daycare Regulations June 26, 2023 Page 2 City Council approved this ordinance on first reading on June 12, 2023. A motion was made by Councilmember Hoppe and seconded by Councilmember Dozeman and was approved by a vote of 7 to 0. FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City. BACKGROUND: Current Code Staff and Council recognize the major lack of childcare facilities in the state and region. Planning Division staff often receive requests from operators seeking to open childcare facilities in zones where they are currently prohibited, despite being compatible with existing land use patterns. The City’s current regulations and prohibitions on childcare in many zone districts can be perceived as overly burdensome. This ordinance seeks to expand opportunities for new childcare facilities to open in Wheat Ridge by allowing facilities in additional zone districts or on properties set up for institutional uses. City Code differentiates between a “day care home” where the operator lives on site and a “day care center” which is more commercial in nature. These terms are defined in Section 26-123 of the zoning code, and they appear in the permitted use charts for residential, commercial, and mixed use zones (Sections 26-204 and 26-1111) as follows: Day care center, large. • Definition: A facility licensed by the State of Colorado which provides care of children with or without compensation, for more than twenty-four (24) children. • Zones: Allowed in C-1, C-2, I-E, and all mixed use zones, and as a special use permit in agricultural zones. Though permitted in MU-N, these uses have not historically been permitted in the NC and RC zone districts. Day care center, small. • Definition: A facility licensed by the State of Colorado which is used exclusively for the purpose of providing care, with or without compensation, for seven (7) to twenty-four (24) children. • Zones: Small day care centers are permitted in the same locations as large day care centers; they are allowed in C-1, C-2, I-E, and all Mixed Use zones, and as a special use permit in agricultural zones. Day care home, large. • Definition: A home which is licensed under the State of Colorado and which provides care, with or without compensation, for seven (7) to twelve (12) children, from twenty- four (24) months to sixteen (16) years of age, including the caretaker’s children, not attending full-day school, such as a day care, preschool, day nursery or child care service. Council Action Form – Daycare Regulations June 26, 2023 Page 3 • Zones: Large home-based day cares are permitted in the R-3 and R-3A zone districts; in other residential and agricultural zones they are permitted only with approval of a special use permit. Day care home, small. • Definition: A home which is licensed under the State of Colorado and which provides care, with or without compensation, for not more than six (6) children under the age of sixteen (16), including the caretaker’s children, not attending full-day school, such as a day care, preschool, day nursery or child care service. • Zones: The use charts are silent to this use, but Section 26-613 (home occupations) indicates small home-based day cares are permitted as home-based businesses in all zones citywide. Code Updates The proposed ordinance makes three specific changes to expand where childcare centers may be allowed: • The ordinance allows day care centers in Restricted Commercial (RC) and Neighborhood Commercial (NC) zone districts where they are currently prohibited. These properties have optimal location, size, and configuration to accommodate childcare facilities. These zones are primarily located on commercial corridors or collector roads such as 44th Ave, Kipling, Harlan, and 32nd Ave. The purpose of the RC and NC zones are to accommodate neighborhood-serving uses, and these properties are often within walking distance or close proximity to neighborhoods. • The ordinance allows day care centers to repurpose vacant nonresidential properties in residential zones such as places of worship, schools, or institutional buildings, with approval of a Special Use Permit (SUP). Current regulations are limiting and only allow day care centers to operate as an ancillary use within the site’s primary structure. As religious attendance has declined, faith leaders have reached out to City staff wanting to find potential uses for their property. The code does not currently allow day care centers to be a primary or sole use of these properties. The SUP process will ensure that a daycare operating as a primary use will not have negative impacts on the surroundings, and will allow staff to evaluate a site plan and circulation plans. • The ordinance will allow day care centers as a permitted use if a property is already operating as a nonresidential use (school, church, or government facility), allowing a day care to share facilities and property with the other use. Alignment with State Law The proposed ordinance also corrects two specific discrepancies that currently exist between state and local regulations: • Discrepancies exist between state and local regulations for what constitutes a small versus large day care center. The ordinance will modify the City’s definitions to align with the state to reduce confusion for applicants. The State of Colorado recognizes small childcare centers as having 5 to 15 children and large childcare centers as having 16 or more children. Council Action Form – Daycare Regulations June 26, 2023 Page 4 • In 2021, the state legislature approved House Bill 21-1222 which identifies the shortage of childcare facilities as a matter of statewide interest. The bill established that home- based childcare facilities be permitted as a use by right in all residential zone districts. The City currently allows small home-based day cares (up to 6 children) but requires an SUP for large home-based day cares (up to 12 children) in some zone districts. The ordinance will modify the use chart and home occupation regulations to allow up to 12 children in a home-based day care. Pursuant to state law, the City can restrict the proximity of home-based childcare and require traffic and parking information; this is reflected in the ordinance. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 16-2023, an ordinance amending Articles I and II of Chapter 26 of the Wheat Ridge Code of Laws, concerning definitions and regulations for childcare facilities, and making conforming amendments therewith, on second reading and that it takes effect fifteen (15) days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 16-2023, an ordinance amending Articles I and II of the Wheat Ridge Code of Laws, concerning definitions and regulations for childcare facilities, and making conforming amendments therewith for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 16-2023 2. Draft PC Meeting Minutes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 16 ORDINANCE NO. 1768 Series 2023 TITLE: AN ORDINANCE AMENDING ARTICLES I AND II OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING DEFINITIONS AND REGULATIONS FOR CHILDCARE FACILITIES, AND MAKING CONFORMING AMENDMENTS THEREWITH WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety, or welfare; and WHEREAS, in the exercise of this authority, the Council has previously adopted regulations pertaining to day care centers; WHEREAS, the Council recognizes that these regulations can present barriers to new childcare facilities opening in the City of Wheat Ridge; WHEREAS, the Council desires to allow childcare facilities in more locations and in underutilized or vacant nonresidential properties in residential zones such as places of worship, schools, or institutional buildings; WHEREAS, the Council recognizes that the City’s regulation of childcare facilities should align with those of the State of Colorado to the greatest extent feasible. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 (Definitions) of the Wheat Ridge Code of Laws is hereby amended as follows by revising the following definitions: Day care center, large. A facility licensed by the State of Colorado which provides care of children with or without compensation, for sixteen (16) or more than twenty-four (24) children, including preschools. Day care center, small. A facility licensed by the state of Colorado, which is used exclusively for the purpose of providing care, with or without compensation, for five (5) seven (7) to fifteen (15)twenty-four (24) children, including preschools. Section 2. The “Table of Uses – Residential” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby amended as follows: ATTACHMENT 1 Uses Notes R-1 R- 1A R- 1B R- 1C R-2 R- 2A R-3 R- 3A Day care home, large S S S S S S P P Day care center, small or large If the property contains a vacant nonresidential primary structure S S S S S S S S If the property is currently occupied by a nonresidential use P P P P P P P P Accessory Uses For Residential Districts Notes Day care home, large See § Sec 26-613; shall not be located adjacent to one another; in addition, the City may require a parking and traffic flow management plan prior to approval Day care home, small See § Sec 26-613 Section 3. The “Table of Uses – Agricultural and Public Facilities” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in agricultural and public facility zone districts, is hereby amended as follows: Uses Notes A-1 A-2 PF Day care center, large S S Day care center, small or large S S P If the property contains a vacant nonresidential primary structure P P P Agricultural and Public Facilities Districts Accessory Uses Notes Day care home, large See § Sec 26-613; shall not be located adjacent to one another; in addition, the City may require a parking and traffic flow management plan prior to approval Day care home, small See § Sec 26-613 Section 4. The “Table of Uses – Commercial and Industrial Districts” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts, is hereby amended as follows: Uses Notes NC RC C-1 C-2 I-E Day care center, large P P P Day care center, small P P P Day care center, small or large P P P P P Day care center and preschools, large P P P Day care center and preschools, small P P P Section 5. Subsection 26-613.11.i of the Code, concerning home occupations, is hereby amended as follows: 11. Home occupations are limited to the following business or commercial activities: […] i. Small day care home. Small and large day care homes, however large day care homes shall not be located adjacent to one another, and a parking and traffic flow management plan may be required at the sole discretion of the Community Development Director prior to approval of a business license. Section 6. The table of permitted uses set forth in Section 26-1111.B of the Wheat Ridge Code of Laws, concerning uses in mixed use zone districts, is hereby amended as follows: Permitted Uses Use Group MU-C MU-C Interstate MU-C TOD MU-N … Ancillary Uses Day care home, small or large, as an accessory use to a single detached, duplex, or single attached dwelling P P P P Section 6. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 7. Effective Date. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 12th day of June 2023, 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 26, 2023, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this __ day of _____, 2023. SIGNED by the Mayor on this _____ day of ____________, 2023. _______________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: June 15, 2023 Second Publication: June 29, 2023 Effective Date: July 14, 2023 Published: Jeffco Transcript and www.ci.wheatridge.co.us Planning Commission Minutes -1 – May 18, 2023 PLANNING COMMISSION Minutes of Meeting May 18, 2023 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair DITULLIO at 6:31 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. 2.ROLL CALL OF MEMBERS Commission Members Present:Kristine Disney Jerry DiTullio Daniel Larson Janet Leo Patrick Quinn Jonathan Schelke Julianne Stern Commission Members Absent: Will Kerns Staff Members Present: Lauren Mikulak, Community Development Director Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda as written. 5.APPROVAL OF MINUTES – April 20, 2023 It was moved by it was moved by consensus to approve the minutes of April 20, 2023, as written. 6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7.PUBLIC HEARING ATTACHMENT 2 Planning Commission Minutes - 5 – May 18, 2023 Commissioner SCHELKE thinks that the City needs to look forward and encourage affordable housing even if it means taking away some parking spaces. C. Case No. ZOA-23-07: An ordinance amending Articles I and II of Chapter 26 of the Wheat Ridge Code of Laws, concerning definitions and regulations for childcare facilities and making confirming amendments therewith. Ms. Mikulak gave a short presentation regarding the ordinance. Commissioner LARSON recognizes the need for childcare, and inquired if a legislative rezone of NC and RC could be done. Ms. Mikulak said that it had been considered in the past but did not move forward because MU-N is not an appropriate zone in all of those instances, but that a more comprehensive review of the use charts for NC and RC could be a valuable future project. Commissioner QUINN thinks this is a good idea and necessary for the community. Commissioner SCHELKE shared that the lack of daycares is a huge problem as is affordability of daycare and the City should do anything to help. Commissioner DITULLIO inquired why there is low number of daycares in Metro Denver area, and Ms. Mikulak speculated as to why. It was moved by Commissioner DISNEY and seconded by Commissioner SCHELKE to recommend approval of the proposed ordinance amending Articles 1 and II of Chapter 26 of the Wheat Ridge Code of Laws, concerning definitions and regulations for childcare facilities and making conforming amendments therewith. Motion carried 7-0. 8. NEW BUSINESS A. Ms. Mikulak introduced Commissioner QUINN and mentioned a new Planning Manager, Jana Easley, has been hired and will be introduced at the next meeting. B. Upcoming Dates No Planning Commission meetings in June. Ms. Mikulak announced that on June 3 Gold’s Marketplace will have a block party to introduce their tenants and on June 24 RidgeFest will be held.