HomeMy WebLinkAbout7-10-23 City Council Meeting Agenda PacketAGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO July 10, 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:
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3. Virtually attend and participate in the meeting through a device or phone:
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES
NONE
APPROVAL OF AGENDA
PROCLAMATIONS AND CEREMONIES
Mayors Monarch Pledge
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.
CONSENT AGENDA
NONE PUBLIC HEARINGS AND ORDINANCES ON SECOND READING NONE
ORDINANCES ON FIRST READING
1. Council Bill No. 17-2023 – an ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding Municipal Judge services agreement
DECISIONS, RESOLUTIONS, AND MOTIONS
2. Motion to amend the Phase III contract for engineering consulting services for the
Improve Wadsworth project with HDR Engineering, Inc., in the amount of $148,827.86 for a total contract amount of $3,122,924.69
3. Resolution No. 38-2023 – a resolution amending the Fiscal Year 2023 Renewal Wheat Ridge Bond Fund budget to reflect the approval of a supplemental budget appropriation
in the amount of $95,000 for the purpose of making payments for additional expenses
related to the Ward TOD multimodal projects
4. Motion to award a contract for the Recreation Center roof replacement project to Independent Roofing Specialists, LLC., of Commerce City, Colorado, and approve subsequent payments in the amount of $926,818.00, with a contingency amount of
$46,340.00, for a total not-to-exceed the amount of $973,158.00
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS
ADJOURN TO SPECIAL STUDY SESSION
PROCLAMATION MAYORS’ MONARCH PLEDGE JULY 10, 2023
WHEREAS, the monarch butterfly is an iconic North American species whose
multigenerational migration and metamorphosis from caterpillar to butterfly has captured the imagination of millions of Americans; and
WHEREAS, both the western and eastern monarch populations have seen significant declines with less than one percent of the western monarch population remaining, while the eastern population has fallen by as much as ninety percent; and
WHEREAS, the City of Wheat Ridge recognizes that human health ultimately depends on well-functioning ecosystems and that biodiverse regions can better support food production, healthy soil and air quality and can foster healthy connections between humans and wildlife; and
WHEREAS, every resident of Wheat Ridge can make a difference for the monarch by planting native milkweed and nectar plants to provide habitat for the monarch and pollinators in
locations where people live, work, learn, and play; and
WHEREAS, on March 31, 2023, I, Mayor Bud Starker, signed the National Wildlife Federation’s Mayors’ Monarch Pledge and have officially committed to taking meaningful action
to protect the monarch butterfly; and
WHEREAS, the City of Wheat Ridge has committed to a future of sustainable environmental outcomes with programs such as Sustainable Wheat Ridge and Regenerate Wheat Ridge.
NOW, THEREFORE, I, Mayor Bud Starker, call upon the City of Wheat Ridge, to join us in recognizing July 10, 2023, as MAYORS’ MONARCH PLEDGE DAY In the City of Wheat Ridge and encourage all residents to participate in community activities that support and celebrate monarch conservation. IN WITNESS THEREOF on this 10th day of July 2023.
______________________________
Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk
ITEM NO: 1
DATE: July 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NUMBER 17-2023 - AN ORDINANCE
REAPPOINTING PRESIDING MUNICIPAL JUDGE
CHRISTOPHER RANDALL AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT PUBLIC HEARING ORDINANCES FOR 1ST READING (07/10/2023)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/24/2023) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Attorney City Manager
ISSUE:
The City’s Home Rule Charter provides for appointment of the Municipal Court Judge for a term of two years. The current term of Presiding Judge Christopher Randall expired on June 30, 2023. PRIOR ACTION:
The Judge was reappointed in June 2021.
FINANCIAL IMPACT: The Judge is presently compensated at $98.97 per hour. This rate has been in effect since 2017. The Judge is requesting an increase in that rate to $102.83 per hour.
BACKGROUND: The Judge has provided a memorandum (attached) requesting reappointment. RECOMMENDATIONS:
"I move to approve Council Bill 17-2023, an ordinance reappointing presiding Municipal Judge
Christopher Randall and approving a presiding municipal judge services agreement, on first
Council Action Form Date
Page 2
reading, order it published, public hearing set for Monday, July 24, 2023, at 6:30 p.m. as a virtual meeting and in City Council Chambers.”
Or "I move to postpone indefinitely Council Bill 17-2023, an ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding municipal judge services
agreement for the following reason(s) _________________________________________."
REPORT PREPARED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill 17-2023 2. Exhibit A - Municipal Judge Services Agreement 3. Memorandum from Judge Randall
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 17
ORDINANCE NO. 1769 Series of 2023
TITLE: AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT
WHEREAS, the current presiding municipal judge, Christopher Randall was reappointed effective July 1, 2021, for a two-year term expiring on June 30, 2023; and
WHEREAS, the Judge has continued to serve since that date; and
WHEREAS, pursuant to Charter Section 8.3, the City Council shall appoint all judges for a term of two years; and
WHEREAS, Judge Randall has requested reappointment at the end of his current term, as well as an increase in his hourly rate in the Presiding Municipal Judge Services Agreement; and
WHEREAS, the Council wishes to reappoint Judge Randall and approve a presiding judge services agreement; and
WHEREAS, Charter Section 8.5 requires the Council to set the Judge’s compensation by ordinance.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Pursuant to Sections 8.3 and 8.5 of the Home Rule Charter,
Presiding Municipal Judge Christopher Randall is hereby reappointed for a term of two years, expiring on June 30, 2025. The Presiding Judge’s compensation shall be $102.83 per hour. The terms and conditions of the Presiding Judge’s employment shall be as set forth in the Presiding Municipal Judge Services Agreement, effective as of July 1, 2023, attached hereto as Exhibit A and incorporated herein by this reference.
Section 2. 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 3. Effective Date. This Ordinance shall take effect upon adoption at
second reading, as permitted by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 10th day of July 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 24, 2023, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to _______, this ___day of _________, 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: July 13, 2023 Second Publication:
Jeffco Transcript
Effective Date:
ATTACHMENT 1
Exhibit A Services Agreement [attached]
WR Muni Judge Contract – Randall ATTACHMENT 2
CITY OF WHEAT RIDGE PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT
THIS PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT is entered into and effective as of the 1st day of July 2023 ("Effective Date"), by and between the CITY OF WHEAT RIDGE, COLORADO (the “City”) and CHRISTOPHER D. RANDALL, (“Presiding Judge”),
together referred to herein as the "Parties." In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
ARTICLE 1 – SERVICES
Pursuant to Chapter VIII of the Wheat Ridge Home Rule Charter (the "Charter"), Presiding Judge shall have the following duties:
A. Ensure the presence of a municipal judge at all Wheat Ridge Municipal Court ("Municipal Court") cases, by either presiding over such cases personally or by scheduling an Associate Judge to hear such case(s) and by establishing an on-call municipal judge schedule;
B. Formulate and amend the local rules of the Municipal Court with the approval of the Colorado Supreme Court;
C. Supervise the Associate Judges, if any, and all Municipal Court personnel; serve as Department Head for the Municipal Court staff; attend Department Director meetings, in person or by designee, and meetings with the City Manager, City Attorney and City
Council as needed; and
D. Responsible for preparation of annual department budget, monitoring of operational expenses and overall delivery of court services.
ARTICLE 2 – QUALIFICATIONS
The Presiding Judge shall continuously maintain the following qualifications:
A. Licensed to practice law in all Colorado courts, including the U.S. District Court for the
District of Colorado; and
B. Resident within 40 miles of the Wheat Ridge Municipal Court.
ARTICLE 3 - TERM; TERMINATION
Pursuant to Section 8.3 of the Charter, this Agreement shall be for a two (2) year term, ending on June 30, 2025. This Agreement may be terminated during its term for any of the reasons enumerated in Section 8.3 of the Charter.
ARTICLE 4 – COMPENSATION, PERFORMANCE
The Parties agree that Presiding Judge shall be compensated at $102.83 per hour for services rendered under this Agreement, classified as a non-exempt employee. Presiding Judge may also be compensated for reimbursable expenses properly invoiced to the City as set forth below. For purposes of this Agreement, "reimbursable expenses" shall mean those expenses
directly incurred by Presiding Judge in the performance of his duties under this Agreement, including mileage and travel expense.
WR MuniCourt/MuniJudgeContract - Randall -2-
Presiding Judge shall be paid via the current City system for recording and compensating hourly employees.
A. Funding.
This Agreement is specifically subject to the provisions of Section 2-3(c) of the Code of Laws of the City of Wheat Ridge, which limits the amount for which the City shall be
liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid appointment. The Parties further recognize and agree that the City, as a political subdivision of the State of Colorado, is subject to the Constitution and laws of the State of Colorado. Notwithstanding any provision of this Agreement to the contrary, the obligation of the City to make payment to Presiding Judge is expressly subject to annual appropriations by the City of funds for the next ensuing budget year.
B. Performance.
Pursuant to Section 8.3 of the Home Rule Charter, Presiding Judge is appointed for a two-year term. In contrast to other employees of the City, the Judge’s compensation is set by the Council by ordinance, rather than through the annual performance review process for other city employees. Also, the Presiding Judge is not an at-will employee as all other city employees are. In recognition of these distinctions, the parties agree that the Council functions as the performance review body for the Presiding Judge,
exercising that authority by ordinance as required by the Charter.
ARTICLE 5 – INDEMNIFICATION, INSURANCE AND BENEFITS
A. Pursuant to the Colorado Governmental Immunity Act, §§ 24-10-101 et seq., C.R.S.,
Presiding Judge is an appointed official of the City entitled to any and all benefits of law pertaining to judicial or sovereign immunity and to coverage by the City's insurance applicable to persons holding such a position for claims brought against him in his official
capacity or arising out of his performance of his official duties as described. Presiding Judge shall be eligible to participate in the following insurance and benefit programs available to City employees, at a level equal to the average number of hours of work per week performed by the Presiding Judge, which for purposes of this Agreement, the Parties agree shall be a minimum of thirty (30) hours per week.
B. Benefits as outlined in the 2023 Employee Benefits Guide. The City agrees to pay the applicable premium for the rate level, consistent with the City insurance plan as amended from time to time.
C. Official holidays (6 hours of holiday pay per holiday recognizing ten (10) holidays per year per the most current City Personnel Policies).
D. Two (2) hours of on-call time per Personnel Policies, Section 6.
E. Personal time off (PTO) leave accrued per pay period dependent upon the number of hours of work per week: a 30–hour per week employee with the Presiding Judge’s current longevity receives 6.94 hours of PTO leave per pay period:
• Jury duty pay;
• Family Medical and Leave Act coverage;
WR MuniCourt/MuniJudgeContract - Randall -3-
• As a department head, Presiding Judge receives the annual allowance for cellular telephone use.
For all such insurance and benefit programs, to the extent the programs or any of their features are altered, amended, or eliminated with respect to all eligible City employees, such alteration,
amendment, or elimination shall also apply to Presiding Judge in the same manner.
ARTICLE 6 – CHARTER, LAWS AND ORDINANCES
Presiding Judge shall at all times during the performance of this Agreement, strictly adhere to all
applicable federal, state and local laws, rules, regulations, and ordinances that affect or govern the work as herein contemplated.
ARTICLE 7 – EQUAL EMPLOYMENT OPPORTUNITY
The Presiding Judge shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Presiding Judge shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
ARTICLE 8 – JUDICIAL INDEPENDENCE
An independent, fair and impartial judiciary is indispensable to our system of justice. The United States legal system is based upon the principle that an independent, impartial, and competent
judiciary, composed of men and women of integrity, will interpret, and apply the law that governs our society. Thus, the judiciary plays a vital role in preserving the principles of justice and the rule of law. Judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system. Presiding Judge is expected to uphold these principles.
ARTICLE 9 – JUDICIAL IMPARTIALITY
Presiding Judge shall uphold and apply the law and shall perform all duties of judicial office impartially. Impartially means absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before the judge. Presiding Judge shall perform the duties of the judicial office, including administrative duties, without bias or prejudice. Presiding Judge shall not be swayed by public clamor or fear of criticism. Presiding Judge shall not permit social, political, financial,
or other interests or relationships to influence the judge’s judicial conduct or judgment. Presiding Judge shall not convey or permit others to convey the impression that any person is able to influence the judge.
ARTICLE 10 - EX PARTE COMMUNICATION
Presiding Judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning pending or impending matters.
WR MuniCourt/MuniJudgeContract - Randall -4-
ARTICLE 11 – LAW AND VENUE
The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this
Agreement. The Parties agree that venue and jurisdiction for disputes regarding any aspect of this Agreement is proper and exclusive with the District Court of Jefferson County, Colorado.
ARTICLE 12 – NOTICES
Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage, and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below. Such notice shall be deemed to have been given when deposited in the United States Mail.
If to the City: City Manager 7500 W 29th Avenue Wheat Ridge, CO 80033 Fax: (303) 234-5924
With a copy to: City Attorney 7500 W 29th Avenue Wheat Ridge, CO 80033 Fax: (303) 234-5924
If to Presiding Judge: Christopher D. Randall, Esq.
7500 W. 29th Avenue Wheat Ridge, CO 80033 Fax (303) 980-1721
ARTICLE 13 – ASSIGNMENT AND SUBCONTRACTORS
The duties and obligations of Presiding Judge may not be assigned, delegated, or subcontracted except with the express written consent of the City.
ARTICLE 14 – SEVERABILITY
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, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. 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.
ARTICLE 15 – INTEGRATION OF UNDERSTANDINGS
This Agreement is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation,
renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by Presiding Judge and an authorized representative of the City.
WR MuniCourt/MuniJudgeContract - Randall -5-
ARTICLE 16 – AMENDMENTS
The City may, from time to time, require changes in the scope of services of the Presiding
Judge to be performed herein. Such changes, including any increase or decrease in the amount of the Judge’s compensation, must be mutually agreed upon in writing by the City and the Presiding Judge, as an amendment to this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement in two (2) copies, each of which shall be deemed an original, as of the day and year first written above.
ATTEST: CITY OF WHEAT RIDGE, COLORADO
________________________________ By: ____________________________
Stephen Kirkpatrick, City Clerk Bud Starker, Mayor
Seal APPROVED AS TO FORM:
Gerald E. Dahl, City Attorney
PRESIDING JUDGE
Christopher D. Randall
Memorandum
TO: City Council and Mayor FROM: Christopher D Randall, Presiding Judge and Department Director DATE: June 21, 2023 SUBJECT: Presiding Judge and Department Director Services Agreement Renewal
BACKGROUND
I began as Presiding Judge and Department Director in 2002 and have been in that position for twenty-one (21) years. I am requesting renewal of the current two-year contract that expires June 30, 2023.
COURT The Colorado Constitution and the Wheat Ridge City Code provide for the creation of a
municipal court. Wheat Ridge Municipal Court is a court of record that handles a wide variety
of mostly criminal matters. Appeals are taken to the Jefferson County District Court. Municipal court is headed by a Presiding Judge. The Presiding Judge is also the Department Director. Full-day court is in session Tuesday through Thursday and jail detainees are seen five (5) days a week, including Mondays and Fridays. There are approximately 200 court-sessions per year. I
also work at times on non-court days for trial preparation, legal research, and administrative
business. QUALIFICATIONS
I have been licensed as an attorney in Colorado since 1987. I became an administrative law judge in 1991 and began judging in municipal courts in 1992. Wheat Ridge City Council appointed me as the Presiding Judge and Department Director in 2002. I have lived in the area, including Wheat Ridge, since 1978.
PHILOSOPHY Municipal judges are obligated to follow the Constitutions of the United States and
Colorado, State (Colorado) law, and the laws and ordinances of the City. Court rules,
established by the Colorado Supreme Court, require that municipal court provide for the just
ATTACHMENT 3
determination of ordinance violations. The court protects constitutional and statutory rights and liberties and assures equal access to the court. Municipal court provides fair, timely, and
constructive resolution of cases. The court enhances public safety, supervises offenders, and
facilitates victim and community reparation. The court considers each case separately, and provides thorough, practical, and professional case management. The judiciary is independent of and acts as a check and balance on the executive and legislative branches of government. A healthy and responsible government maintains an independent judiciary.
SENTENCING The city code provides for a general penalty of up to three-hundred and sixty-four (364)
days of incarceration in the county facility or up to a two-thousand six-hundred and fifty dollar
($2,650.00) fine or both. A sentence of this severity rarely occurs however. Restitution for pecuniary loss to victims is required pursuant to city ordinance and state statute. (Unfortunately, due to prohibitive state legislation restitution often goes unpaid.) Probation is a possibility for those needing resources and supervision.
The purposes of sentencing are as follows: to assure fair and consistent treatment, deter crime, promote respect for the law, promote rehabilitation, address the offender’s individual characteristics, reduce the potential that the offender will reoffend, promote responsibility and accountability, provide restoration and healing for victims and the community, and address the
offender’s individual risks and needs. Judges use reason and common sense in sentencing. Each
sentence is tailored for that person’s background and circumstances. DEPARTMENT DIRECTOR
The Presiding Judge in Wheat Ridge is also the Department Director. This substantially expands the Presiding Judge’s duties. The Department Director responsibilities require not only presiding on the bench three to five days a week, but in addition administrative, operational, personnel, budget, security, legal, legislative, courtroom construction, and purchasing decisions.
This adds to the complexity, responsibility, and workload for a Presiding Judge. As the
Department Director, I also participate in various professional associations and committees regarding legal education, the law, the legal system, the administration of justice, and court improvement.
WHEAT RIDGE MUNICIPAL COURT Wheat Ridge is a somewhat unique city from a municipal court perspective. It is surrounded by major cities and has busy thoroughfares traversing through it. This leads to a
robust traffic docket and the entry of a diverse population from around the country. However,
our client base for the most part is the people who live in the Denver metropolitan area. Due to the amount of retail business in Wheat Ridge, there are a significant number of theft violations. Certain locations in the City attract a diverse and challenging populace. This group often engages in various types of misbehavior and repeat mischief. Many persons have mental health
and/or substance abuse issues. Persons experiencing homelessness are common and garner
cases. The Court sees in-custody persons (jail detainees) around five times a week. There is a
strong Court Marshal Unit for court security and prisoner transport. There is an active and challenging juvenile docket. Wheat Ridge court handles in addition to “ordinary” criminal cases
animal, zoning, code, licensing, sales tax, street racing, and property nuisance violations. The
adult criminal docket is significant and features individuals with lengthy and/or violent criminal histories. CHALLENGES FOR MUNICIPAL COURT
LOCAL CONTROL State legislation over the last few years has diminished local control. It has impacted the ability to collect fines and restitution. Jail policy and legislation has made it difficult to detain in or sentence to detention. Courts are now mandated to release most persons on personal
recognizance bonds, regardless of their violence level, community or victim safety, number of cases or charges, criminal history, or their number of failures to appear in court. State legislation has made it difficult to address local needs and concerns. HOMELESSNESS
Homelessness has placed burdens on police calls for service, emergency rooms, detoxification facilities, treatment facilities, businesses, courts, parks, and trails. Due to the inability to detain and address cases, person experiencing homelessness engage in repeat failures to appear, repeat behavior, and accumulate numerous cases. Wheat Ridge now has both a Homeless Navigator and a Housing Navigator dedicated to the issues and problems of homeless
persons. Sentencing focuses on reducing repeat behavior and homelessness. SUBSTANCE ABUSE Substance use is a prominent and daily factor when arraigning, sentencing, and supervising offenders. Many persons abusing substances use substances to self-medicate or
engage in criminal activity while under the influence. Sentences usually require evaluation and treatment. Many however resist treatment and further harm themselves and society. Many persons experiencing homelessness have current substance-related charges, or a background of drug paraphernalia and substance use convictions.
INABILITY TO COLLECT RESTITUTION Legislation no longer permits the issuance of warrants for the arrest of persons who fail to pay restitution for the loss and harm they have done to others. Victim’s bills for property damage, medical treatment, and veterinarian care go unreimbursed. In the end, victims suffer twice. With the help of the Court Marshal Unit, the Court has a program that initiates contempt
of court proceedings to address nonpayers. Lakewood, Arvada, and Wheat Ridge judges are working with the Chief Judge in the 1st Judicial District to reduce restitution orders to civil judgments. This permits victims to pursue collections in district court. JAIL BED LIMITATION
The Jefferson County Jail has limited the number of beds available to local municipalities. This can impact sentencing. The jail has until recently limited the types of charges that the jail will accept for booking. This leads to a cycle of charge, missed court date, new charge, missed court date, and so on. One offender had 27 cases before the jail would accept him; another had 14 failures to appear for court. Some criminal histories are 60-70 pages
long and cover several states. These are typically not hard-luck individuals, but are multi-state offenders with felonies, violent crimes, sex assaults, child abuse, and weapons violations.
MANDATORY PERSONAL RECOGNIZANCE BONDS A personal recognizance bond is one that does not require cash or a surety to obtain a release from jail. It is basically a person’s promise to appear. Legislation now requires personal
recognizance bonds for many municipal charges. This has led to a cycle of missed court
appearances and case deadlock. Case management is impossible, and cases do not come to resolution.
ACCOMPLISHMENTS
CITY, COMMUNITY, AND PROFESSION-ORIENTED ACHIEVEMENTS
• Speaker/facilitator for the Colorado Municipal Judges Association conferences
• Weekly COVID meetings (during Covid)
• Weekly Executive Management Team (EMT) meetings
• Quarterly municipal judges’ meetings (Arvada, Lakewood, Wheat Ridge)
• Support ACTION core values
• Present candidate/winner at annual ACTION awards
• Attend Wheat Ridge and community functions, events, and festivals
• Attend Lakewood functions and events
• Attend annual City Council legislative dinner
• Attend City Council Retreat
• Wellness Program and classes at the WR Recreation Center
• Attend city sponsored supervisor and employee trainings
• Attend ERP vendor presentations and rankings
• Recommend improvements to NeoGov
• Supervise and assist front lobby desk and court marshals
• Monthly H.R. Business Partner meetings
• Quarterly meetings with IT Manager
• Cook at annual employee breakfast
• Provide court representation on boards and committees
• Volunteer for elementary school program
• Past President of the Colorado Municipal Judges Association
• Colorado Municipal Judges Association Legislative Liaison member
• Cyber Incident Response seminar
COURT-ORIENTED ACHIEVEMENTS
Current senior municipal and Presiding Judge in Colorado
Increased use of audio-video connection for persons in custody
Remain open and function during Cyber incident
Plan for next Cyber event
Short staffed; operate without Deputy Court Administrator (this position just filled) and Judicial Assistant
Continue work at home schedules
Create goals and objectives for annual evaluations
Continue Performance Management Program
Meet with Court Administrator regarding mid-year and annual evaluations for staff
Write or edit annual evaluations
Work with Colorado Municipal League on municipal issues
Covid-free workplace; no court staff contracted Covid through a work contact
Covid seating arrangement for customers; limit number of persons in court room
Construct two Covid compliant meeting rooms
Personal protective equipment for court staff and customers
Inform and educate state legislators regarding proposed legislation that impacts court
Assist Court Administrator with budget
Hear cases involving persons in custody within state mandated timelines
Participate in state program to evaluate court appointed counsel
Set aside Mondays and Fridays to appear in court to address prisoners via audio/video
Appoint attorneys for persons in custody on fast-track basis
Develop process to collect fines and restitution considering problematic legislation
Develop process to hold non-payers accountable for willful failure to pay restitution to
injured victims
Expand the “walk-in” warrant clearing court to three days a week
Issue collections letter prior to taking court action for non-payers
Expand and improve alternatives in sentencing including the payment plan process
Contract for web database to locate non-appearing defendants
Contract for web database to determine accuracy of applications for services or counsel
Maintain legal library
Systematic legal research
Active judicial listserv participant
Use special populations fund to help pay for evaluations or sentencing conditions for
indigent persons
Coach and mentor staff
Review motions and issue written orders
Resolve old cases particularly those involving Department of Corrections inmates
Improve court security with weekly meetings with Court Marshal Unit
Improve and add flexibility to bail bond process, increased use of personal recognizance and low cash bonds
Monitor defendant’s appearance rates with various types of bonds
Determine bail bonds using risk factors
Develop new court forms to improve accuracy and efficiency or to comply with new
legislation
Individualize sentencing, especially for the low-functioning, transient, homeless, mentally ill, veteran, and substance abusing populations.
Attend legal and judicial seminars
Create in-house diversion program that permits diversion from court for first time
juvenile alcohol, drug paraphernalia, and marijuana possession
Streamline program for sealing and expungement of juvenile and adult criminal records
Respond to requests for criminal justice records
Work with police department on court/police issues
Meet with county sheriff to discuss jail population
Meet with municipal court lobbyist
Moderate and attend monthly court staff meetings
Distribute and discuss WRPD Employee Safety bulletins
Organize team building events
Address protestors, auditors, sovereign citizens, and agitators
Continue program for a guilty pleas by mail
Revise jury instructions
Provide RTD bus passes for eligible indigent individuals
Continue court-date telephone reminder program
Appoint court staff to city committees
Research use of Webex to connect to county jails and sheriff’s offices Note: I did not accomplish these things alone. These accomplishments would not have been
possible without the assistance of the court administrator, court staff, IT, or city staff.
PRIORITIES
Operate court and provide service regardless of (Covid) restrictions or (Cyber) incidents
Hire staff
Recognize and retain good employees
Provide access to justice
Foster a community court
Install or replace courtroom seating, bar (rail), paint, and carpet
Replace outdated or poorly operating courtroom entry security equipment
Harden court marshal area in city hall lobby
Remodel judicial staff offices
Aggressive restitution collection for victims of crime
Investigate collection agencies
Continue ERP process; view other court’s software
Comply with new legislation; prepare for proposed legislation.
Suggest amendments to proposed legislation
Investigate new resources and services for probationers
Work with Navigators
Address homeless population, licensing violations, and property abatements
Operate special court session for persons experiencing homelessness
Train staff and seek outside training opportunities
Work with city departments
Thoughtfully address local matters
Facilitate victim and community reparations
Update/revise outdated sections of city code
To extent permissible by law and budget adopt the recommendations of the DEI task force
PROFESSIONAL MEMBERSHIPS
Colorado Supreme Court (1987-2023)
Colorado Municipal Judges Association (1992-2023)
Municipal Judges of Jefferson County (2016-2023) Legislative Liaison Committee (2021-2022) First Judicial District Bar Association (2001-2018; 2020-2023) Colorado Bar Association (2001-2018; 2020-2023)
PROFESSIONAL BOARD MEMBERSHIPS Board of Governors for the First Judicial District Bar Association (2014-2015)
Board of Directors and President of the Colorado Municipal Judges Association (2009-2015)
INTERNAL RECOGNITION I have given and received several City “Give-A-Wow” awards. These recognize
employees for contributions to the ACTION core values of accountability, change, teamwork,
integrity, opportunity, and now! These are available for review. CUSTOMER COMMENTS
The court makes available to the public court evaluation forms. The court has received
several positive comments, and these are available for review. EMPLOYEE CLASSIFICATION
I am currently classified for benefits purposes as a thirty-hour (30) per week employee.
SERVICES AGREEMENT AMENDMENTS I request three service agreement amendments: update the services agreement to include
the most recent version (2023) of the employee benefits plan (found in Section 5 of the City’s
2023 Personnel Policy), a 3.9% increase in salary, and two hours of on-call time if assigned to detainee hearings on non-court days (Mondays and Fridays). 1. My current services agreement provides for the benefits, leave, and programs found
in an older version of the personnel policy. This amendment would update the
agreement to include those benefits found in Section 5 of the 2023 policy. 2. Our current personnel policy awards two hours of on-call time for persons who set aside a non-regularly assigned workday for city duty. (See Personnel Policy Section
6.) (Note: We currently pay our Relief Judges for on-call time.) When assigned to a
non-regular session court day such as a Monday or a Friday, then the on-call policy and standard hourly pay would apply. 3. I am the senior municipal judge in Colorado. My current hourly rate is $98.97. I
have not requested an increase in four (4) years. In canvassing part-time judges with
less experience and no presiding judge responsibility, their conservative hourly rate
ranges from $125.00 to $187.00 an hour. (e.g., Superior, Louisville, Morrison, Estes Park, Mead, and Johnstown.) The average percentage increase in wages for 2022 for
court staff was 3.9%. Therefore, I am requesting a 3.9% increase. This would
increase the hourly rate from $98.97 to $102.83. CONCLUSION
I request reappointment and would be honored to continue to sit as the Presiding Judge
and act as the Department Director for the Wheat Ridge Municipal Court.
/s/ Christopher D Randall
CHRISTOPHER D RANDALL June 21, 2023
ITEM NO: 2
DATE: July 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AMEND THE PHASE III CONTRACT FOR
ENGINEERING CONSULTING SERVICES FOR THE
IMPROVE WADSWORTH PROJECT WITH HDR
ENGINEERING, INC., IN THE AMOUNT OF $148,827.86 FOR A TOTAL CONTRACT AMOUNT OF $3,122,924.69 PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Director of Public Works City Manager
ISSUE:
A contract was previously awarded to HDR Engineering, Inc. for design services during construction and to serve as the Engineer of Record for the Improve Wadsworth project. In December 2022, the City Council authorized an amendment to the construction contract for additional work between 35th and 41st Avenues, also referred to as Phase II construction. Design
support services will be needed from HDR during the construction of this additional work.
Additional funding is also required to account for design efforts associated with Phase I construction. An amendment to the Phase III contract with HDR, in the amount of $148,827.86, is being presented for consideration to include this required work.
PRIOR ACTION:
On March 28, 2016, the City Council approved a contract with HDR to complete the survey, conceptual (30%) design and plans, and the environmental assessment for the Improve Wadsworth Project. This contract with HDR is referred to as Phase I.
Council Action Form – Improve Wadsworth Project HDR Contract Amendment July 10, 2023
Page 2
On August 27, 2018, the City Council approved a contract, Phase II, with HDR to complete the preliminary and final design, prepare the construction plans, and obtain necessary state and federal
approvals. This contract with HDR is referred to as Phase II.
On December 14, 2020, the City Council approved an amendment to the Phase II HDR contract to repackage the construction plans for Phase I of construction from 41st Avenue to I-70, which included options to add the streetscape and multimodal facilities between 35th and 41st Avenues.
On February 28, 2022, Council approved an amendment to the Phase II HDR contract to re-package the construction plans for Phase II of construction between 35th and 41st Avenues. On February 22, 2021, Council approved a contract with HDR to serve as the Engineer of Record
and provide design assistance during construction for Phase I of construction from 41st Avenue to
I-70. This contract with HDR is referred to as Phase III. FINANCIAL IMPACT: Construction of the additional work, referred to as Phase II of the construction contract is expected
to extend the overall project completion date from spring 2024 to winter 2025. The proposed fee
for HDR’s services is $148,827.86. This includes approximately $20,000 for design services associated with Phase I construction which have already been expended. Costs for design support during construction of Phase II was anticipated in the overall budget.
Funding for the Wadsworth project is budgeted in 2023 in the Capital Improvement Program (CIP)
budget. The 2023 budget includes adequate funding for this proposed amendment. BACKGROUND: For Phase I of the construction, HDR has primarily been providing answers and solutions to design
related questions that have arisen during construction. This has been handled both through a formal
Request For Information (RFI) process and informally as issues have arisen. The initial Phase III HDR contract was prepared before the construction contract was awarded to Concrete Works of Colorado, Inc. and covered the construction assistance that would be needed if
the Base Bid, (work from 41st Avenue to I-70) was awarded. Since funding was obtained to
construct all four of the streetscape and multimodal options, those options were included in the Phase I construction contract. However, HDR’s Phase III contract has not been amended to reflect the inclusion of the options. In addition, due to the complexity of the project and the amount of construction assistance that has been necessary, HDR’s current Phase III contract has been
exhausted.
This amendment will extend the Phase III HDR contract to continue to provide construction assistance for the remainder of Phase I and through the end of Phase II construction, which is expected to extend through the winter of 2025.
Council Action Form – Improve Wadsworth Project HDR Contract Amendment July 10, 2023
Page 3
RECOMMENDATION: Staff recommends amending the Phase III contract for engineering consulting services to support
the Wadsworth Boulevard Improvement Project, with HDR Engineering, Inc. in the amount of
$148,827.86. RECOMMENDED MOTION: “I move to amend the Phase III contract for engineering consulting services for the Improve
Wadsworth Project with HDR Engineering, Inc. in the amount of $148,827.86 for a total project
cost of $3,122,924.69.” Or,
“I move to deny amending the Phase III contract for engineering consulting services for the
Improve Wadsworth Project with HDR Engineering, Inc. for the following reason(s): _____________________________________________.” REPORT PREPARED/REVIEWED BY:
Mark Westberg, Project Manager
Steve Nguyen, Engineering Division Manager Maria D’Andrea, Director of Public Works Patrick Goff, City Manager
ATTACHMENTS:
1. Phase III Additional Scope of Work 2. Phase III Additional Fees
SCOPE OF WORK WADSWORTH BLVD WIDENING
May 19, 2023 DSDC - CONTINUATION
1
SECTION 1: PROJECT SPECIFIC INFORMATION
PROJECT BACKGROUND
The City of Wheat Ridge (City) has been working for several years to improve SH 121 / Wadsworth
Boulevard. In 2015, they produced a Planning and Environmental Linkages (PEL) study for the portion of
Wadsworth Boulevard from W 35th Avenue to I-70. Also in 2015, the City secured a DRCOG TIP grant
providing the majority of the funding for construction and executed an IGA with CDOT outlining the
framework for reconstruction of the street. A major part of the project is to reconstruct the street to a 6-
lane section, provide better multimodal facilities, and provide enhanced amenity zones along the corridor.
This work is underway and includes Phase I and Phase II of the project (35th Avenue to I-70).
The purpose of this scope of work is for the Consultant team to continue to support the City and its
Contractor through Design Services During Construction for the remaining project elements not yet
constructed.
HDR and its subconsultants (Consultant) will provide the work described in this document.
PROJECT GOALS
The goals of this project are to support the City and its Contractor in the construction of Phase I and
Phase II of the Wadsworth Widening project from I-70/I-76/Clear Creek to just south of 35th Avenue.
PROJECT LIMITS
SH 121 from 35th Avenue to I-70/I-76/Clear Creek.
PROJECT COST
The estimated cost of this project were developed as part of the final plan development.
WORK DURATION
The time period for the work is estimated to begin in May 2023 and end by December 2025.
CONSULTANT RESPONSIBILITIES AND DUTIES
Project Management
Design Services During Construction
WORK PRODUCT
Updates or additions to plans for Phase II
Updates or additions to specifications for Phase II
Project Coordination
Meeting Minutes
Professional Engineer Stamped Record Sets
Requirements are further described in the sections that follow. This scope of Work requires the use of
English Units.
SCOPE OF WORK WADSWORTH BOULEVARD WIDENING
May 19, 2023 DSDC - CONTINUATION
2
SECTION 1: PROJECT MANAGEMENT
This task includes work associated with monitoring subconsultants, preparing invoices, and providing the
City schedule updates for the duration of the task order.
The Consultant will perform the tasks included in Section 1, unless otherwise stated.
A. Project Management
1. Contract Modification and Sub Agreements. The Consultant team will update the contract and
subconsultant agreements, manage the subconsultant, and coordinate with the City and
Contractor as needed.
2. Invoicing. The Consultant will prepare a monthly invoice including a progress report outlining
work undertaken within the previous period.
B. Coordination. The Consultant is responsible for coordinating the required work with the City, the
City’s representatives, the Contractor, the Consultant team, and subconsultants.
C. Quality Assurance/Quality Control. The Consultant is responsible for adhering to the QA/QC
process throughout the project.
– END SECTION 1 –
SCOPE OF WORK WADSWORTH BOULEVARD WIDENING
May 19, 2023 DSDC - CONTINUATION
3
SECTION 2: DESIGN SERVICES DURING CONSTRUCTION
This task includes work required to support the City of Wheat Ridge with design services during
construction for work included in Phase II. The review of submittals and shop drawings shall be done by a
licensed professional engineer who is acceptable to the City of Wheat Ridge PM. The Consultant shall
review the construction contractor’s shop drawings and working drawings for conformance and
compliance with the contract documents, the provisions of the current “Standard Specifications for Road
and Bridge Construction”, and with the time frames shown in the CDOT specifications in conjunction with
the contract work.
Costs associated with redesign efforts arising from Non-Conforming construction work are not included in
this scope. The Consultant assumes those issues will be addressed on a case-by-case basis with the City
of Wheat Ridge.
The Consultant will perform the tasks included in Section 2, unless otherwise stated.
A. Design Services During Construction for Project Continuation
1. Submittal Review
a. Shop drawings. The Consultant will review shop drawings with the following assumptions:
i. Post and Panel Noise Wall (1 total)
ii. Soil Nail Walls at Johnson Park (2 total)
iii. Cast-in-Place Wall at Johnson Park (1 total)
iv. Inlets and manholes, as needed
v. Signal equipment, as needed
2. Requests for Information (RFIs)
a. Requests for Information (RFIs). The Consultant assumes twenty (20) RFI responses will
be required on the project.
3. Design change requests
a. Design Change Requests. The Consultant assumes the City and its Contractor will request
the following design changes:
i. 48th Ave. Sidewalk – The Consultant will prepare design drawings to connect the
Wadsworth sidewalk with the 48th Ave. cul-de-sac.
ii. Schitter Property Grading – The Consultant will continue to work with the City and the
property owner to provide an updated design of the grading in the SW corner of the
property.
iii. Pearman Driveway – The Consultant will update the plans to include a driveway curb cut
to the small parking lot on the south side of the Pearman Law building.
4. Pond Certification
a. Pond Certification. The Consultant will provide pond certification of the as-constructed water
quality pond. The Consultant assumes that the as-constructed survey will be provided by the
contractor. This scope of work does not include redesign or reanalysis of the pond if the
constructed pond does not meet the as-designed requirements.
- END SECTION 2 -
Wadsworth Boulevard Widening (35th to I-70) DSDC Continuation Fee Estimate
LANDSCAPING
Project Manager
III Financial Analyst Project
Coordinator I
Project Manager
IV
Project Manager
III Engineer IV Planner II Landscape
Architect II
Project Manager
III EIT III
2.5488 Flick, Michael
T
Starrett,
Tiffany R
Gray, Melissa
Anne
Freeman,
Darin A
Sutton, James
P Seyer, John M Baker, Gregory
R
Freed, Kent
Lee
Acosta,
Samuel D
Barraza, Maria
Guadalupe
Scope Items 64 10 2 40 92 8 24 12 52 22 326 54,252.08$
SECTION 1 - PROJECT MANAGEMENT 10 10 2 0 0 0 0 0 0 0 22 2,980.62$
A. Project Management
1. Project Management 2 2 2 6 703.18$
2. Invoicing 8 8 16 2,277.44$
B. Coordination (hours included in other tasks)
C. Quality Assurance/Quality Control (hours included in other tasks)
SECTION 2 - DESIGN SERVICES DURING CONSTRUCTION 54 0 0 40 92 8 24 12 52 22 304 51,271.46$
A. Design Services During Construction for Project Continuation
1. Submittal Review 8 8 8 8 8 16 6 62 10,308.98$
2. Requests for Information (RFIs)20 8 24 8 16 4 20 100 16,902.36$
3. Design Change Requests 24 24 60 8 8 124 21,474.48$
4. Pond Certification 2 8 8 18 2,585.64$
64 10 2 40 92 8 24 12 52 22 326 54,252.08$
10,848.00$ 1,151.80$ 133.82$ 8,538.40$ 15,389.76$ 1,380.40$ 3,205.44$ 2,034.60$ 9,345.44$ 2,224.42$ 54,252.08$ 54,252.08$
Fixed Fee (10%)5,425.21$ 5,425.21$
Facilitied Capital Cost of Money (0.1304%)27.76$ 27.76$
0.1304%
Direct Expenses -$
-$
-$
-$
HDR GRAND TOTAL 59,705.04$ HDR GRAND TOTAL
Subconsultants 89,122.81$
Hydrosystems (Irrigation Design)-$
Lund -$
Professional Pipe Services -$
Toole -$
WSP See WSP tab for more information.86,622.81$
Yeh (Geotechnical)RFI and submittal responses related to retaining and noise walls 2,500.00$
Cardno -$
Total Design Fee 148,827.86$ Total Design Fee
HDR Total
Hours Cost
DESIGN
STRUCTURES TRAFFIC DRAINAGEPROJECT MANAGEMENT
5/19/2023
Wadsworth Blvd (35th to I-70)
WSP FEE ESTIMATE for DSDC Continuation Contract Modification Staff/Rate 2.3939
Albano,
Casey M
Guinard,
Eduardo J
Keith, David
M
Lang, Corey
E
Lillrose,
Nicholas
Meade,
Courtney E
Moeller,
David M
Schetgen,
Sydney S TOTALS
Task 1: DSDC Continuation Totals
RFIs, Submittals, Design Change Requests 456 24 188 16 120 16 56 24 12
0
0
0
Subtotal 456 2,785.93$ 28,564.88$ 2,717.94$ 27,804.67$ 1,491.88$ 9,634.78$ 4,732.45$ 1,015.49$ 78,748.01$
Totals 456 2,785.93$ 28,564.88$ 2,717.94$ 27,804.67$ 1,491.88$ 9,634.78$ 4,732.45$ 1,015.49$ 78,748.01$
10% FEE 7,874.80$
TOTAL WSP FEE 86,622.81$
ITEM NO: 3
DATE: July 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 38-2023 - A RESOLUTION AMENDING
THE FISCAL YEAR 2023 RENEWAL WHEAT RIDGE BOND FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $95,000 FOR THE PURPOSE OF MAKING PAYMENTS FOR ADDITIONAL EXPENSES RELATED TO THE WARD TOD MULTIMODAL PROJECTS
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________ ______________________________ Director of Public Works City Manager ISSUE: This requested action proposes amending the existing contract with the design consultant, SEH, to
provide additional services for two projects in the Ward Station area. Specifically, the Ward TOD
(Transit Oriented Development) Multimodal Project consists of construction of a pedestrian bridge, plazas, and trail improvements in the Ward Station area. After beginning the environmental work for this project, several additional tasks were identified by the design consultant that are beyond the scope of work previously authorized. In addition, staff wishes to re-start the 52nd
Avenue pedestrian connection to finalize design in the next year. A budget supplemental is needed
to provide funding for these unbudgeted expenses in the amount of $95,000. PRIOR ACTION: The City Council originally awarded a contract to Short Elliott Hendrickson, Inc. (SEH) on June
24, 2019, for $555,877.41 to complete the design for the Ward TOD Multimodal Project. That
contract was temporarily suspended in 2020 to divert 2E bond funding to complete the Clear Creek Crossing I-70 hook ramps. On January 24, 2022, the City Council awarded a contract amendment
Council Action Form – Fund 40 Budget Supplemental July 10, 2023
Page 2
to SEH with a revised contract amount of $592,858.94 to restart the design for the Ward TOD Multimodal Project. The City Council approved a second contract amendment with SEH on
August 22, 2022, for an additional $120,823.08 for additional tasks related to completing this
project following the federal process to meet grant requirements. On August 5, 2019, the City Council provided consensus to staff to explore the possibility of extending a pedestrian connection along 52nd Avenue, east of Tabor Street to the city boundary,
east of Simms Place. This project is referred to as the 52nd Avenue Pedestrian Connection Project.
FINANCIAL IMPACT: A supplemental budget appropriation from the Renewal Wheat Ridge Bond Fund (Fund 40) is required to increase the amount originally budgeted in 2023 for the Ward TOD Multimodal
Project. The 2023 budget was adopted before the additional environmental work and
miscellaneous expenses were quantified and before the 52nd Avenue Pedestrian Project was ready to restart. A breakdown of the estimated costs is shown below: Effort Cost
Ward TOD Multimodal Project $63,014.37
Miscellaneous Expenses $2,261.96
52nd Avenue Pedestrian Connection Project $29,723.67
Total $95,000.00
BACKGROUND:
Ward Station TOD Multimodal Project The Ward Station TOD Multimodal Project consists of design and construction of a pedestrian bridge, plazas, and trail improvement projects in the Wheat Ridge Ward Station area. The design was restarted in early 2022 after receiving funding from the Renewal Wheat Ridge I-70 Kipling
Bond Fund.
The Denver Regional Council of Governments (DRCOG) Board of Directors will be considering award of a Transportation Improvement Program (TIP) grant for this project in the amount of $8.3 million at their August 2023 meeting. This federal allocation will fund approximately 86% of the
estimated $9.6 million in construction costs. Bond funding is being used for the local match as
well as the environmental analysis, design, and right-of-way (ROW) acquisition phases of the projects. Whenever federal funds are received for one or more phases of a project, all phases of the project
must follow the federal process, i.e. the entire project is federalized. This affects the environmental
and ROW acquisition phases with several new tasks that must be added to the consultant’s scope of work. A couple of minor tasks are also being added to the design phase. The second contract amendment was intended to cover the estimated extra tasks to follow the federal process. However, after working with the Colorado Department of Transportation (CDOT) staff, some additional
tasks, mostly related to the historical analysis, were required.
Council Action Form – Fund 40 Budget Supplemental July 10, 2023
Page 3
The conceptual design for the Ward TOD Multimodal Project has been completed and is available for viewing on the city’s website. The draft preliminary plans have recently been completed and
are being reviewed by staff. The preliminary plans will then be finalized and submitted to CDOT,
other agencies, and utility companies for their review. CDOT has oversight of the federal funds and so will be reviewing and approving the plans. Miscellaneous Expenses
In addition to the costs discussed above related to the federal grants, a few minor expenses have
arisen related to these projects that will also be covered by the budget supplemental. An example of this is a design review fee from the Juchem Ditch Association for $1,000 due to some of their underground facilities being reconstructed.
52nd Avenue Pedestrian Connection Project
Lastly, evaluation of the feasibility and estimating the costs to construct the 52nd Avenue pedestrian connection will be completed. This connection was requested in 2019 by members of the public during a neighborhood meeting for the streets/intersections projects that are currently under construction. Staff presented the request to Council at the August 5, 2019 Study Session and
received consensus to proceed with investigation of the feasibility of the connection by preparing
conceptual plans. Work on the connection had not started before all the Ward TOD area projects were put on hold due to COVID and the lack of funding. Since bond funds and the TIP grant will assist with funding the Ward TOD Multimodal Project, work on the 52nd Avenue Pedestrian Connection Project can now restart.
RECOMMENDATION: Staff recommends approving the budget supplemental in the amount of $95,000 for the various expenses that have been identified for the Ward TOD Multimodal projects at the Wheat Ridge · Ward Station area.
RECOMMENDED MOTION: “I move to approve Resolution No. 38-2023, a resolution amending the Fiscal Year 2023 Renewal Wheat Ridge Bond Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $95,000 for the purpose of making payments related to the Ward TOD Multimodal
projects.”
Or, “I move to table indefinitely Resolution No. 38-2023, a resolution amending the Fiscal Year 2023
Renewal Wheat Ridge Bond Fund Budget to reflect the approval of a supplemental budget
appropriation in the amount of $95,000 for the purpose of making payments related to the Ward TOD Multimodal projects for the following reason(s) _________________________________.” REPORT PREPARED/REVIEWED BY:
Mark Westberg, Project Manager
Steve Nguyen, Engineering Manager
Council Action Form – Fund 40 Budget Supplemental July 10, 2023
Page 4
Maria D’Andrea, Director of Public Works Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 38-2023 2. SEH Amendment #3 Scope & Fee 3. SEH 52nd Ped Connection Scope & Fee
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 38 Series of 2023
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2023 RENEWAL WHEAT RIDGE BOND FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $95,000 FOR THE
PURPOSE OF MAKING PAYMENTS FOR ADDITIONAL EXPENSES RELATED TO THE WARD TOD MULTIMODAL PROJECTS WHEREAS, the City Council wishes to construct multimodal improvements in the
Wheat Ridge · Ward Station area; and
WHEREAS, insufficient appropriations in the 2023 Renewal Wheat Ridge Bond Fund Budget exist to cover additional identified expenditures; and
WHEREAS, there is adequate unallocated funding in the Renewal Wheat Ridge
Bond Fund to cover this expense; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. A transfer of $95,000 is hereby approved from Fund 40 undesignated reserves to account 40-103-800-805. DONE AND RESOLVED this 10th day of July 2023.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 2000 South Colorado Boulevard, Suite 6000, Colorado Center Tower One, Denver, CO 80222-7938
SEH is an equal opportunity employer | www.sehinc.com | 720.540.6800 | 800.490.4966 | 888.908.8166 fax
March 30, 2023 RE: Amendment #3 - Additional Services for Ward
Station Area Projects, Task Order No. 5 -
PEDESTRIAN BRIDGE, PLAZA AND
GREENWAY TRAIL DESIGN SERVICES Wheat Ridge, Colorado
Mr. Mark Westberg, P.E., CFM
Projects Supervisor
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
mwestberg@ci.wheatridge.co.us
Dear Mark:
This letter provides SEH’s proposal for additional service tasks related to supporting federal funding
requirements for the City’s DRCOG TIP grant, an additional grounding and bonding study, and design for
the ped bridge over RTD’s electrified OCS system for the Ward Station Area Project – T.O. #5 -
Pedestrian Bridge, Plaza and Greenway Trail project.
PROJECT UNDERSTANDING
SEH previously completed Amendment #2 for federal funding services in the Fall of 2022. Assumptions
were made in that amendment that allowed the project to move forward, but it was understood that
follow-up CDOT pre-design scoping meetings with specialty groups would be needed and CDOT might
refine previous assumptions and outline additional project needs. The City, SEH and our subs met with
CDOT and identified additional environmental service requirements that were not previously scoped and
included in our budget. This amendment captures refinement of the environmental scope and includes
additional services. Approval of this amendment will allow SEH’s subconsultants, ERO Resources and
StudioCPG, to progress the required investigation and reports on this critical path timeline to enable
completion of the top half of the CDOT Section 128 form and preliminary clearance to begin the ROW
acquisition process.
In addition, this amendment request also includes scope as requested by RTD to provide a grounding and
bonding study, Code requirement review and preliminary assessment for a grounding and bonding design
approach and clearance requirements for the ped bridge spanning the RTD and BNSF tracks. The City’s
desire to minimize the bridge clearance, stairway and elevator height due to project cost sensibilities and
site constraints dictate a need for a more robust design. Following the work included in this amendment
scope, and once RTD confirms the design approach and deliverable requirements, a future amendment
will be needed to cover the design effort and deliverables.
This scope change is also anticipated to further extend the project design, review and AHJ approval
process currently estimated as 9 additional months.
SCOPE OF SERVICES
This amendment’s scope of services includes the following general description and is supplemented by
the referenced attached scope, deliverables, fee estimate and assumptions provided by ERO Resources,
Amendment #3 - Additional Services for Ward Station Area Projects, Task Order No. 5
PEDESTRIAN BRIDGE, PLAZA AND GREENWAY TRAIL DESIGN SERVICES Wheat Ridge, Colorado
March 30, 2023
Page 2
Short Elliott Hendrickson Inc.
StudioCPG and Ascent Signal, LLC.:
ERO Resources (refer to Exhibit A for further detail):
x Removal of Amendment #2, Environmental Services subtask C2. Archaeological resources
analysis will be completed by CDOT environmental specialists.
x Removal of Amendment #2, Environmental Services Task D. Paleontological resources analysis
will be completed by CDOT environmental specialists.
x Additional hours added to Environmental Services Task E. Project Management and
Coordination, for additional internal and external coordination.
x Addition of new Environmental Services Task F. Air Quality and Noise Memorandum
x Addition of new Environmental Services Task G. Historical Resources Visual Effects Analysis
(refer to StudioCPG scope below for portions of this deliverable)
StudioCPG (refer to Exhibit B for further detail)
x Addition of new Environmental Services Task G. Historical Resources Visual Effects Analysis
Support
o Provide photos from each of four historical property sites to serve as the background for
placing the pedestrian bridge in the Visual Analysis.
o Provide one draft of each exhibit for review by the Client.
o Attend one coordination and revision meeting with the Client, and complete the rendering
based on meeting results.
Ascent Signal (refer to Exhibit C for further detail)
x Task 1 - Code review for electrical clearance requirements between the existing OCS and the
proposed bridge to minimize clearance envelope.
x Task 2 - Grounding and Bonding Study for the proposed bridge.
x Ward Station Clearance Executive Summary
x Ward Station Clearance Calculations
x Open Issue Clarification Memo
x Task 3 - RTD study and design scoping coordination (assumes 1 virtual meeting)
x Task 4 – Project set-up, administration and invoicing
SEH (refer to Exhibit D for further detail)
x Additional Project Administration - including proposal preparation, subcontracting amendments,
9 additional months of coordination meetings with the City, and invoicing.
ASSUMPTIONS AND EXCLUSIONS
1. Right-of-entry permissions obtained previously on the project are suitable for the remaining scope of
work, or ROE notices will be prepared by others.
Note: If a scope item is not explicitly included, it is explicitly excluded.
Amendment #3 - Additional Services for Ward Station Area Projects, Task Order No. 5
PEDESTRIAN BRIDGE, PLAZA AND GREENWAY TRAIL DESIGN SERVICES Wheat Ridge, Colorado
March 30, 2023
Page 3
Short Elliott Hendrickson Inc.
SCHEDULE
Based on input from SEH and our subconsultants, the City provided a revised draft schedule for the
project, dated March 6, 2023, that includes updated the milestones dates listed below. This revised
schedule adds 9 months to the previous project duration expectation. SEH feels this is an achievable
schedule but relies on timely review information from CDOT and the City. Anticipated milestone dates
are:
Completion of 60% design June 26, 2023
CDOT FIR meeting July 17, 2023
Completion of 90% design September 15, 2023
CDOT FOR meeting October 9, 2023
For Bid Documents February 23, 2024
A City two-week review period is anticipated for each submittal.
FEE ESTIMATE
The total, not-to-exceed fee for this amendment is $63,014.37. Attached Exhibit D details our proposed
Cost-plus-Fixed Fee for the scope and schedule provided. The fee estimate utilizes updated 2023 “Cost
Rates”, and a Fixed Fee of 10% on labor.
Task Order #5 Current Budget: $713,682.02
Amendment #3: $ 63,014.37
Total Revised Budget: $776,696.39
All terms and conditions of the original Cost, plus Fixed Fee contract task order remain in force. If this
task order amendment is acceptable, please sign where indicated below, and return a copy for our files.
Please call Scott Jardine at 720.540.6850 with any questions.
Sincerely,
SHORTELLIOTTHENDRICKSONINC.
Scott Jardine, PE, LEED AP Rob Ekstrom, AIA
Project Manager Principal
(Lic. CO) (Lic. CO)
Rob Ekstrom AIA
Amendment #3 - Additional Services for Ward Station Area Projects, Task Order No. 5
PEDESTRIAN BRIDGE, PLAZA AND GREENWAY TRAIL DESIGN SERVICES Wheat Ridge, Colorado
March 30, 2023
Page 4
Short Elliott Hendrickson Inc.
Accepted for City of Wheat Ridge, CO
By:_______________________________
Title:______________________________
Date:______________________________
Attachments:
Exhibit A – ERO scope and fee; Exhibit B – StudioCPG scope and fee; Exhibit C – Ascent Signal scope
and fee; Exhibit D – Cost plus fixed fee estimate
p:\uz\w\whtrd\151720\1-genl\10-setup-cont\03-proposal\amend #3 - add services\scope\20230329-ward station to5-amend 3 scope letter-final.docx
1
ERO Resources Corporation
ERO Resources Corporation
Scope of Work for Environmental Services for
Ward Road Pedestrian Bridge, Plaza, and Greenway Trail
Wheat Ridge, Colorado
March 8, 2023
Summary
Short Elliott Hendrickson, Inc. (SEH) (Client) has requested that ERO Resources Corporation (ERO)
prepare this Scope of Work (SOW) modification summary to perform environmental services for the
proposed pedestrian bridge, plaza, and trail near the RTD Ward Station in Wheat Ridge, Colorado. ERO’s
original SOW was dated August 2022. Based on a project scoping meeting with the Colorado
Department of Transportation (CDOT) environmental staff, changes to ERO’s original SOW are needed. A
summary of the changes to the original SOW are outlined below.
Two tasks are removed from the SOW:
x Subtask C2. Archaeological resources analysis will be completed by CDOT environmental
specialists.
x Task D. Paleontological resources analysis will be completed by CDOT environmental specialists.
Hours are added to Task E. Project Management and Coordination, for additional internal and external
coordination.
Two new tasks are added to ERO’s SOW and are described below. In addition, the associated costs for
the original tasks, tasks removed, and new tasks are included in the Estimated Costs section below.
Task F. Air Quality and Noise Memorandum
ERO will prepare a short memo summarizing why the project does not need air quality or noise
evaluations. ERO will submit the memo to CDOT for review and approval.
Deliverables
x Draft memorandum emailed to the Client and CDOT.
x Final memorandum emailed to the Client and CDOT.
EXHIBIT A
Pg 1 of 3
ERO Resources Corporation
Scope of Work for Environmental Services for Ward Road Pedestrian Bridge, Plaza, and Greenway Trail
Wheat Ridge, Colorado
2
ERO Resources Corporation
Assumptions
x One round of review and revisions of the memorandum by the Client and CDOT is included in
this task.
Task G. Historic Resources Visual Effects Analysis
As a subcontractor to SEH, StudioCPG will provide ERO the necessary information to complete the
historic resources visual effects analysis to determine if the viewshed of nearby cultural resources could
be impacted by the construction of the proposed pedestrian bridge.
StudioCPG will take photos from each of four sites assigned by the CDOT Historian to serve as the
background for the Visual Analysis. The photos from each of the four sites will be centered on the
proposed pedestrian bridge site and location. StudioCPG will utilize rendering software to “place” the
pedestrian bridge in the Visual Analysis. StudioCPG assumes SEH will provide a massing model, to-scale
elevations, and location references of the pedestrian bridge to “locate” the structure within each
rendering.
StudioCPG will provide one draft of each exhibit for review by the Client. StudioCPG will attend one
coordination and revision meeting with the Client, and will complete the rendering based on meeting
results.
Once the visual simulations are approved by the Client and CDOT, ERO will interpret and discuss the
results of the analysis in the CDOT SHPO letter report.
Deliverables
x Four graphic exhibits illustrating the pedestrian bridge location and visual impacts from the four
selected locations (one exhibit from each location). Exhibits will be provided in a digital format
(.pdf) and will be incorporated into the SHPO letter report already outlined in Task C3 of the
original SOW.
Assumptions
x CDOT has defined the visual effects area of potential effects to be any cultural resources within
a half mile radius of the proposed bridge whose viewshed may be a character defining feature.
Scope of Work Assumptions
x Changes to the project area boundary after environmental tasks have begun will require
additional effort, and ERO will coordinate with the Client to determine if changes in the scope or
budget are necessary.
x The Client will provide all base maps and aerial photographs required by ERO for mapping and
field surveys.
x The Client will arrange and provide written permission to access the project area.
EXHIBIT A
Pg 2 of 3
ERO Resources Corporation
Scope of Work for Environmental Services for Ward Road Pedestrian Bridge, Plaza, and Greenway Trail
Wheat Ridge, Colorado
3
ERO Resources Corporation
x No additional on-site or in-person meetings are included in this SOW. All project
communication will take place through emails and phone calls.
x This SOW does not include additional work required in the event any currently unknown
significant resource is located in the project area.
x One round of revisions for all reports based on CDOT’s comments is included in this SOW and no
other revisions will be needed.
Estimated Costs
The original approved ERO environmental services SOW fee was $27,225. The scope changes described
in this amendment increase ERO’s budget by $3,745, resulting in a revised budget of $30,970.
A breakdown of scope task deducts and additions includes:
1. Elimination of Task C2, Archaeological Resources scope of ($980)
2. Elimination of Task D, Paleontological Resources scope of ($2,172)
3. Addition of Task E, Project Management and Coordination scope of $2,398
4. Addition of Task F, Air Quality and Noise Memorandum scope of $2,214
5. Addition of Task G, Historic Resources Visual Effects scope of $2,285
Anticipated Schedule
ERO anticipates the following draft schedule for deliverables following Notice to Proceed:
1. CDOT Form 128
a. ERO to prepare biological, Phase I ESA and air quality/noise memorandum reports – 4
weeks (Note: the visual simulations will be submitted by StudioCPG in 3 months and the
historic visual analysis will be prepared and submitted 5 weeks after receiving the visual
simulations)
b. City reviews the reports (assume one week)
c. ERO submits the reports to CDOT (1 to 3 days)
d. CDOT reviews the reports (7 weeks)
e. ERO revises the reports and resubmits to CDOT (2 weeks)
f. CDOT reviews and approves the reports (3 to 4 weeks)
2. SHPO Section 106 Consultation
a. CDOT finalizes/signs the historic resources letter (Item f. above) and submits the letter
to the SHPO.
b. SHPO review and concurrence – 4 to 6 weeks
EXHIBIT A
Pg 3 of 3
4383 Tennyson Street, #1A
Denver, Colorado 80212
T 303.455.3779
www.StudioCPG.com
March 1, 2023
Scott Jardine, PE
SEH, Inc.
2000 S. Colorado Blvd. Suite 6000
Denver, CO 80222-7938
Project Name: Ward Station Area Projects: Ped Bridge and Linear Trail,
Fee Proposal: Additional Scope for SHPO Visual Analysis Assistance
Dear Scott,
Thank you for the opportunity to allow StudioCPG to assist with the preparation of materials for the Colorado
State Historic Preservation Officer review for the Ward Station Area Pedestrian Bridge Project. We believe this
work bests fits into the Scope under Task 3.2 (Design Phase Services to 60%), which is the current project
status. The following Scope of Services is based on our conversation with Aliina Fowler, of ERO, on February
21, 2023.
StudioCPG will take photos from each of four sites assigned by the C-DOT State Historic Officer to serve at the
background for the Visual Analysis. The photos from each of the four sites will be centered on the proposed
Pedestrian Bridge site and location. StudioCPG will utilize rendering software to “place” the pedestrian bridge
in the Visual Analysis. We anticipate SEH will provide a massing model, to-scale elevations, and location
references of the pedestrian bridge to “locate” the structure within each rendering.
StudioCPG will provide one draft of each exhibit for review by ERO and/or SEH. We have included time to
have a coordination and revision meeting with the ERO / SEH, and will complete the rendering based on
meeting results. We are anticipating a three-month timeline to delivery of these exhibits.
Deliverables:
x Four (4) Graphic Exhibits illustrating the pedestrian bridge location and visual impacts from the four (4)
selected locations (one exhibit from each location). Exhibits will be provided in a digital format (.pdf) for
inclusion into the SHPO report.
Fee Summary
Original Project Total $57,342.61
Federalization Add $5,972.65
SHPO Visual Analysis Add Service $7,358.16
Revised Total $70,673.42
Please contact us if you have questions regarding scope or fees. We appreciate the opportunity to provide this
proposal to SEH for this project.
EXHIBIT B
Pg 1 of 2
4383 Tennyson Street, #1A
Denver, Colorado 80212
T 303.455.3779
www.StudioCPG.com
Most sincerely,
Billy Gregg
StudioCPG
303-455-3779
Project Assumptions
1. SEH will provide all survey, existing conditions, geotechnical and soil data information. Final landscape
construction documents will be based on site grading, drainage and layout drawings provided by the SEH
team.
2. All final grading and drainage, hardscape, and structure will be designed in collaboration with the design
team and documented by SEH and their consultants.
3. All documents will be prepared in Adobe Acrobat, AutoCAD, and Microsoft Office formats and transmitted
for printing and distribution as PDF files. AutoCAD drawings will be transmitted at project milestones
including final ‘as-designed’ drawings.
4. Project schedule to be determined by SEH, based on an estimated 24-month maximum period of time.
5. Meetings and supplementary products not listed above will be considered additional services and billed at
an hourly rate. Work will not proceed with work on these products without prior approval from SEH.
6. This scope does not include water tap review fees.
7. Irrigation will be designed per Wheatridge Parks standards /regulations.
8. StudioCPG hourly cost rates are as follows: Principal: $172.73, Project Manager: $127.27, Landscape
Architect: $97.27, Graphic Designer $90.91
EXHIBIT B
Pg 2 of 2
Ascent Signal LLC. 5036 Key Largo Drive, Punta Gorda, FL 33950
September 26, 2022
Scott Jardine, P.E.
Project Manager; Principal
Short Elliott Hendrickson Inc.
2000 South Colorado Blvd., Suite 6000
Denver, CO 80222-7938
720-540-6850
PROPOSAL: Ward Station Pedestrian Bridge Grounding and Bonding Study
Dear Mr. Jardine:
Based upon your request, Ascent Signal LLC (Ascent) is pleased to submit this proposal to assist in preparing a
Grounding and Bonding Study for Ward Station Pedestrian Bridge in Wheat Ridge, Colorado.
BUDGET AND SCOPE OF SERVICES
It’s our understanding Short Elliot Hendrickson (SEH) is seeking assistance in preparing two task items:
1. Code review for electrical clearance between the existing OCS and the proposed bridge.
2. Grounding and Bonding Study for the proposed bridge.
Ascent’s role for these two tasks will be done in two phases. For Phase 1, Ascent proposes an initial not-to-exceed
budget of $17,760 with any remaining budget to be applied towards Phase 2. Phase 1 will be to:
x provide an initial review of the status of the project’s proposed documents
x attend meetings and conference calls with SEH team to understand the project’s intent
x assist in determining the governing the criteria
x gather available data and documents necessary to complete these tasks
x determine what data and documents are still needed and work with SEH to acquire them
x assist in determining the form of deliverables
x work towards advancing both task 1 and 2 during this phase
Phase 2 of Ascent’s role on the project will be to assist SEH in completing these deliverables. The budget will be
determined based upon findings of Phase 1 and submitted for SEH’s approval near the completion of Phase 1.
Ascent Signal does NOT provide professional engineering services in the state of Colorado. This proposal is to
provide technical advice and support to SEH and their PE’s.
SCHEDULE
Ascent will complete this work within a mutually agreed upon time schedule.
EXHIBIT C
Pg 1 of 2
WardStationPedestrianBridgeGroundingandBondingStudy
Amendment1Request
3Ͳ2Ͳ23
Theinitial$17,760budgetwasforthefollowing2tasksperformingthebulleteditemsinthisphase:
1.CodereviewforelectricalclearancebetweentheexistingOCSandtheproposedbridge.
2.GroundingandBondingStudyfortheproposedbridge.
x provideaninitialreviewofthestatusoftheproject’sproposeddocuments
x attendmeetingsandconferencecallswithSEHteamtounderstandtheproject’sintent
x assistindeterminingthegoverningthecriteria
x gatheravailabledataanddocumentsnecessarytocompletethesetasks
x determinewhatdataanddocumentsarestillneededandworkwithSEHtoacquirethem
x assistindeterminingtheformofdeliverables
x worktowardsadvancingbothtask1and2duringthisphase
Wesurpassedthisinitialbudget,butwealsoadvancedtheworkbeyondwhat’slistedabovewithless
clientinputthananticipatedinprovidingthedraftdeliverablesbelow.
x WardStationClearanceExecutiveSummary
x WardStationClearanceCalculations
x OpenIssueClarificationMemo
Werequestadditionalbudgetforthefollowing:
x Accruedtimeoutsideofinitialbudget,fromDecember13ththroughthe31stfor$8,003(as
detailedoninvoice527).
o CodeReview–BenHolt17hrsx$118/hr=$2,006.
o Study&CodeReview–BrianHolt25hrsx$222/hr=$5,550.
o Admin:InvoiceandHoursReport–MarylouHolt3hrsx$149/hr=$447.
x Accruedtimeoutsideofinitialbudget,fromJanuary1stthroughFebruary28thfor$3,264(as
detailedoninvoice528).
o Study&CodeReview–BrianHolt12hrsx$233/hr=$2,796.
o Admin:InvoiceandHoursReport–MarylouHolt3hrsx$156/hr=$468.
x BudgetforupcomingcoordinationeffortswiththeCityandRTD.Thisestimates8hoursfor
Brianat$233,8hoursforBenat$124,and3hoursforMarylouat$156whichsumsto$3,324.
Thetotalrequestedforthisaddendumis$14,591bringingthetotalrevisedbudgetto$32,351.
EXHIBIT C
Pg 2 of 2
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Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 2000 South Colorado Boulevard, Suite 6000, Colorado Center Tower One, Denver, CO 80222-7938
SEH is 100% employee-owned | sehinc.com | 720.540.6800 | 800.490.4966 | 888.908.8166 fax
February 23, 2023 RE: Updated Proposal for Professional Services,
Ward Station Area Projects,
Task Order No. 6 – 52nd Avenue Pedestrian
Connection
Mr. Mark Westberg, PE, CFM
Projects Supervisor
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Dear Mark:
Thank you for allowing us the opportunity to provide this updated proposal for the alternative analysis and
30% design services for a proposed pedestrian connection on W 52nd Avenue, between Tabor Street and
the city boundary east of Simms Street. We have reviewed the scope outline you provided City staff dated
November 30th, your initial email request dated December 12, email with revised scope direction dated
February 21, and the existing survey files. We welcome the opportunity to work with you on developing
solutions that meet the goals of the City.
UNDERSTANDING AND APPROACH
The City identified and prioritized improvements to 52nd Avenue between Ward Road and Tabor Street
as part of the Wheat Ridge - Ward Station Area TOD projects, to be funded, in part, with proceeds from
the voter approved 2E bond funds. Now that a contractor is beginning work on 52nd Ave and Tabor Street
road reconstruction and sidewalk improvements are planned, the City would like to move forward with an
alternatives analysis and 30% design that will inform whether a pedestrian only connection along 52nd
Avenue should be improved and extended east of Tabor Street to connect with planned sidewalk
improvements to the City of Arvada.
Existing Conditions – W. 52nd Ave from Tabor St to the Wheat Ridge/Arvada city boundary is currently a
2-lane rural section with approximately 22’ of pavement, shallow ditches on each side of the road with
and minimal curb, gutter and sidewalk only at street intersections. The area is relatively flat with a few
residential driveways on both the north and south sides of the street. There is an Xcel overhead power
line and there may be buried communication running in the right-of-way along the north side of the street.
The existing right-of-way for W. 52nd Ave east of Tabor Street is narrow, at only 35 feet wide, to Simms
Street. East of Simms Street, per a special warranty deed dated 7/13/1998, there is a 30’ wide parcel
conveyed from the adjoining northern property owner to the City to be used “for open space purposes”.
Staff has meet with the property owner north of the 30’ parcel concerning the proposed pedestrian access
and they acknowledge that the agreement would allow for pedestrian access.
DocuSign Envelope ID: 6C2EF2AF-9A98-4622-B9FE-97EDB0CFCEC6
Proposal for Professional Services
Ward Station Area Projects,
Task Order No. 6 – 52nd Avenue Pedestrian Connection
February 23, 2023
Page 2
Approach – SEH will evaluate and design to the 30% conceptual plan level a pedestrian connection
along the south side of the road to minimize impact to adjacent property landscaping. The connection will
extend the curb and gutter with attached sidewalk. The proposed sidewalk connection at Tabor St. will be
designed to tie into the proposed W 52nd Ave Roadway plans. Location of ADA ramps and crosswalk
striping will also be assessed. East of Simms Place, the sidewalk will be routed through the City owned
parcel to connect to a future sidewalk connection planned with the Haskin’s Ranch residential
development in adjacent City of Arvada.
The design approach assumes curb, gutter and sidewalk will be added to existing roadway pavement via
asphalt patch reconstruction. The curb, gutter and sidewalk addition will require widening the pavement
on the north side of the roadway to standardize the pavement lane width to accommodate two lanes of
traffic. Full width roadway reconstruction is not anticipated at this time. Design will utilize Wheat Ridge
standard details, supplemented with CDOT details as needed, and project specific details only as
necessary.
This design does not anticipate storm drainage analysis or design. Water quality capture and treatment
due to the increase in imperviousness proposed with the project is assumed to be addressed with the
downstream regional facility. Positive drainage will be maintained through minor adjacent surface grading
and resodding as needed.
SEH does not anticipate design of infrastructure improvements outside of the existing right-of-way.
However, SEH assumes the design may need to include minor grade transitions at driveways, landscape
retaining walls and other site features that may involve fence resets and landscape amendments, etc.
Utility impacts will be noted in an alternatives analysis memo and on the plans, but SEH does not
anticipate utility relocation coordination with utility providers, or coordination with homeowners relating to
landscape modifications or irrigation system investigations at this conceptual design level.
A 2020 annexation agreement between City of Wheat Ridge and Jefferson County transferred ownership
of portion of 52nd Avenue right-of-way to Wheat Ridge. A review of the annexation agreement identifies
that transfer of right-of-way was limited to property west of Rainbow Ridge Subdivision and Tabor Street.
Improvements to 52nd Avenue contemplated with this proposal will likely impact the existing City of
Arvada 35’ right-of-way adjacent to Lot 20 of Rainbow Ridge Filing No. 2. While we don’t anticipate work
outside of the Arvada right-way, confirmation of planned adjustments to the roadway will likely need to be
reviewed and approved by Arvada. This proposal assumes Wheat Ridge will provide direction on local
road cross-section intent. One of the proposed coordination meetings with the City could be used to
confirm the roadway section with Arvada. Separate AHJ submittal reviews and response coordination
beyond this meeting are not anticipated at this stage of design.
Plans shall be prepared with a City of Wheat Ridge title block on 24”x36” sheets. Final plan deliverables
will be an electronic submittal of PDF the plan set and AutoCAD files.
SCOPE OF SERVICES
Scope of Services will include:
Initial kick off meeting and progress meetings
Document review and site walk
Alternatives analysis and preparation of project summary report
Conceptual level (30%) design and estimates
Submit to City of Wheat Ridge for review and respond to comments
Prepare updated 30% Conceptual Design and cost estimates
DocuSign Envelope ID: 6C2EF2AF-9A98-4622-B9FE-97EDB0CFCEC6
Proposal for Professional Services
Ward Station Area Projects,
Task Order No. 6 – 52nd Avenue Pedestrian Connection
February 23, 2023
Page 3
Task 1: Project Management
Project set-up and administration
Kick-off meeting – attend kick off meeting with the City of Wheat Ridge and provide an updated
MS Project Schedule of activities.
Progress meetings – attend conference call progress meetings (anticipate two (2) calls).
30% Design Review meeting
Provide follow up meeting minutes with action items within five business days of all meetings.
Monthly invoicing
Task 2: Data Collection
Data Research – SEH will review the topographic survey and mapping obtained in the Fall of
2018 as well as follow-up survey obtained in 2021 for the 52nd Ave. and Tabor Street roadway
projects. SEH will conduct a site walk to verify that field conditions have not significantly changed
and note any differences from the previous survey. No new survey or mapping research is
anticipated for this task.
SEH will update the CADv2016 base files and upgrade the files to CADv2022 since v2016 is no
longer supported by AutoCAD.
Task 3: Concept (30%) Design
Prepare an alternative analysis and project summary report
Prepare design of proposed improvements to include the following plans:
o Cover sheet and general notes
o Quantity summary sheet
o Horizontal Control Plan
o Typical Sections (2 total; attached SW, plus SW east of Simms Pl.)
o Removal plans
o Layout Plans (sidewalk with ADA ramps and striping)
o Flowline Plan and Profiles (curb, gutter and sidewalk)
Prepare construction cost estimate.
Submit 30% Conceptual design documents to City of Wheat Ridge for review and comment.
Address comments and minor updates.
Submit final 30% Conceptual design documents.
Task 4: Public and Stakeholder Involvement
Presentation of 30% design on boards or roll plots for City’s use at Public information meetings.
Attend one (1) stakeholder or council meeting to support City staff (minor preparation time and 2
hour meeting, one SEH team member)
Exclusions:
Title commitments, temporary or permanent easement/right-of-way legal descriptions or exhibits.
Environmental testing and reporting
Specifications
Storm drainage system analysis, design and plans
Traffic control phasing plans
Erosion control plans
Landscape and irrigation design and plans
Pedestrian or street lighting design and plans.
Site survey (previously obtained)
Utility relocation coordination
DocuSign Envelope ID: 6C2EF2AF-9A98-4622-B9FE-97EDB0CFCEC6
Proposal for Professional Services
Ward Station Area Projects,
Task Order No. 6 – 52nd Avenue Pedestrian Connection
February 23, 2023
Page 4
An item of work that is not explicitly included and identified as a "Task" within the Scope of Work is
explicitly excluded from the Scope of Work.
SCHEDULE
Attached is an initial schedule for the project, assuming a Notice to Proceed date of March 3, 2023.
ESTIMATED FEES
The attached spreadsheet details our updated proposed Cost Plus Fixed Fee for the scope and schedule
provided. The fee estimate utilizes the negotiated contract “Cost Rates” and a Fixed Fee of 10% on labor.
The total, Not-to-Exceed fee for this task is $29,723.67, including all labor and expenses. The previously
approved Task Order Amendment #3 to RFQ-JN-18-09, dated January 23,2020 was $27,894.77,
providing an additional amendment total of $1,828.90.
Thank you for allowing SEH to continue to serve the City of Wheat Ridge. Please let us know if you have
any questions.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Scott Jardine, PE (CO), LEED AP Project Manager
Attachments:
1. SEH Preliminary Schedule – Ward Station Area Projects, T.O. 6
2. SEH Proposed Fee Estimate
x:\uz\w\whtrd\154125\1-genl\10-setup-cont\03-proposal\revised proposal 2023 rev 1\20230223-wheat ridge -52nd ave east ped connection- ltr proposal.docx
DocuSign Envelope ID: 6C2EF2AF-9A98-4622-B9FE-97EDB0CFCEC6
SEH Fee Proposal
PROJECT FEE ESTIMATING WORKSHEET By: SJ
SEH INC.Date: 2/23/2023
Proposal No:Project: Ward Station Area Projects - T.O. #6
52nd Avenue East Pedestrian Connection
Client:
SEH
TASK
Snr QC
Engineer
Senior
Project
Manager
Project
Engineer II
(Civil)
Proj.
Engineer I
(Civil)
Staff
Engineer II
(Civil)Senior Admin. Assistant
SEH
SUBTOTAL SEH SUBTOTAL SEH
Project Duraton Est. - 3 Months Design Hrs. Hrs. Hrs Hrs Hrs. Hrs. HOURS Cost Expenses
Hourly Rates $173.96 $197.94 $163.77 $114.21 $110.96 $109.77
EO SJ TN JJ BR SO 1 Project Management
Project set‐up, project management, scheduling, planning, close‐out 1 5.5 1.5 8 $1,427.29 $1,427.29
Coordination Meetings (Assume KO w/ City, 2 internal progress mtngs)6 9 15 $2,661.57 $50.00 $2,711.57
Monthly progress reports and invoicing 6 3 9 $1,516.95 $1,516.95
Task 1 Subtotal 1 17.5 9 0 0 4.5 32 $5,605.81 $50.00 $5,655.81
2 Initial Investigation and Alternatives Analysis
Field Verification of 2018 Topo Survey 0.5 2 4 6.5 $883.35 $75.00 $958.35
Update CADv2016 base files to CADv2022 3 8 11 $1,404.99 $25.00 $1,429.99
Task 2 Subtotal 0 0.5 5 12 0 0 17.5 $2,288.34 $100.00 $2,388.343 Concept (30%) Design
Prepare Plans
Cover Sheet & Notes 1 1 2 $225.17 $225.17
Quantity Summary Sheet 0.5 2 2.5 $303.81 $303.81
Horizontal Control 1 2 3 $336.13 $336.13
Typical Sections (2 total; attached SW, plus East of Simms)2 2 5 9 $1,110.76 $1,110.76
Removal Plans 2 3 6 11 $1,335.93 $1,335.93
Layout Plans (attached SW w/ ADA ramps and striping, detached SW east of Simms) 1 6 10 10 27 $3,432.26 $3,432.26
Flowline for new curb and gutter 2 6 8 $1,012.80 $1,012.80
Alternative Analysis Memo 1 3 8 8 20 $2,991.62 $2,991.62
Construction Cost Estimate 0.5 2 4 6.5 $883.35 $883.35
Quality Assurance Review and Updates 1 1 2 6 10 $1,365.20 $1,365.20
Wheat Ridge comment responses 1 2 2 5 $753.90 $753.90
Comment review meeting 1 2 3 $525.48 $525.48
Final 30% plan, alternative analysis, and cost estimate update 1 2 3 6 10 22 $2,856.01 $2,856.01
Task 3 Subtotal 3 9.5 31.5 43 42 0 129 $17,132.42 $0.00 $17,132.42
4 Public Involvement
Prepare PI meeting boards or roll plot 2 4 6 $771.38 $300.00 $1,071.38
Attend one Public Meeting to support City 4 4 $791.76 $25.00 $816.76
Task 4 Subtotal 04204010 $1,563.14 $325.00 $1,888.14Total SEH Hours per Staff = 4 31.5 47.5 55 46 4.5 188.5
Total SEH Cost per Staff $696 $6,235 $7,779 $6,282 $5,104 $494 $26,590Project Totals $26,589.70 $475.00 $27,064.70
Fixed Fee @ 10% $2,658.97
Total Labor = $29,248.67SEH Expenses $475.00
Sub Consultants $0.00
$29,723.67
Total Cost per Task
City of Wheat Ridge
52nd Ped Connection-Fee Sheet-20230223 1 2/23/2023
DocuSign Envelope ID: 6C2EF2AF-9A98-4622-B9FE-97EDB0CFCEC6
ID Task
Mode
Task Name Duration Start Finish
1
2 Notice to Proceed 1 day Fri 3/3/23 Fri 3/3/23
3
4 Project Management 70 days Mon 3/6/23 Fri 6/9/23
5 Project Management 70 days Mon 3/6/23 Fri 6/9/23
6 Kick off Meeting 1 day Tue 3/7/23 Tue 3/7/23
7 Coordination Meetings 22 days Fri 3/24/23 Tue 4/25/23
8 Coordination Meetings 1 0 days Fri 3/24/23 Fri 3/24/23
9 Coordination Meetings 2 0 days Tue 4/25/23 Tue 4/25/23
10
11 Data Collection / Pre‐Design 18 days Wed 3/8/23 Fri 3/31/23
12 Field Verification of Survey 13 days Wed 3/8/23 Fri 3/24/23
13 Update Base Mapping 1 wk Mon 3/27/23Fri 3/31/23
14 30% Design 44.5 days Mon 4/3/23 Fri 6/2/23
15 Sidewalk Design (south side alternatives)3 wks Mon 4/3/23 Fri 4/21/23
16 Intersect. Mods Design (ADA ramps, curb returns, striping)3 wks Mon 4/3/23 Fri 4/21/23
17 Alternative analysis report and cost estimate 1.5 wks Mon 4/24/23Wed 5/3/23
18 Compile report, plan set, submit to City for review 2 days Wed 5/3/23 Fri 5/5/23
19 Wheat Ridge Review 1 wk Fri 5/5/23 Fri 5/12/23
20 Compile and Respond to comments 1 wk Fri 5/12/23 Fri 5/19/23
21 Comment Review Meeting 0 days Fri 5/19/23 Fri 5/19/23
22 Address comments, submit final 30% Plans, alternative
analysis and report and cost estimate
2 wks Fri 5/19/23 Fri 6/2/23
23 Public Involvement 1 day Wed 5/24/23Wed 5/24/23
24 Public Meeting 1 day Wed 5/24/23Wed 5/24/23
3/24
4/25
5/19
20 25 2 7 12 17 22 27 1 6 11 16 21 26 1 6 11 16 21 26 31 5 10 1523March 2023 April 2023 May 2023 June 2023
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
Wheat Ridge W 52nd Pedestrian Connection Schedule
Page 1
Project: 52nd Ped Connection P
Date: Thu 2/23/23
DocuSign Envelope ID: 6C2EF2AF-9A98-4622-B9FE-97EDB0CFCEC6
ITEM NO: 4
DATE: July 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT FOR THE
RECREATION CENTER ROOF REPLACEMENT PROJECT
TO INDEPENDENT ROOFING SPECIALISTS, LLC OF
COMMERCE CITY, COLORADO, AND APPROVE SUBSEQUENT PAYMENTS IN THE AMOUNT OF $926,818, WITH A CONTINGENCY AMOUNT OF $46,340, FOR A TOTAL NOT-TO-EXCEED THE AMOUNT OF $973,158 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 2002. The existing roof, installed in 2001, is now 22 years old and is overdue for replacement. The roof consists of approximately 47,500
square feet of roof area. The existing roof will be removed and replaced with a new 80 mil TPO (thermoplastic polyolefin) roofing system through this project. In response to a Request for Proposals, eight proposals were received in June 2023. Staff evaluated the proposals based on pre-established criteria and are recommending that the city enter into a
contract with Independent Roofing Specialists, LLC of Commerce City, Colorado in the amount of $926,818 plus a staff-managed contingency of $46,340 for a total not-to-exceed amount of $973,158.
Council Action – Recreation Center Roof Replacement Project July 10, 2023
Page 2
PRIOR ACTION: None
FINANCIAL IMPACT:
$1,100,000 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.
A Request for Proposals (RFP) for this project was issued on April 4, 2023. Eight proposals were
received on June 20, 2023. Seven proposals provided information to replace the roof, in accordance with the scope of work. The pricing ranged from $926,818 to $1,399,629. One proposal opted to replace the skylights only at a cost of $134,449.
A 5% staff-managed contingency of $46,340 is recommended to account for unknown
circumstances that might be encountered on the project. This 5% contingency will only be utilized, if necessary, to account for items not already identified in the scope of work. Design and Construction Budget $1,100,000.00
Design Services (previously expended) ($8,000.00)
Construction Contract Amount $926,818.00
5% Contingency $46,340.00
Total not-to-exceed Costs ($973,158.00)
Available Remaining Budget $118,842.00
BACKGROUND: The existing roof is 22 years old and is overdue for replacement. The roof will be removed and
replaced with a new 80 mil TPO (thermoplastic polyolefin) roofing system through this project.
The new roof will have a 30-year warranty. TPO is a single-ply roofing membrane that offers excellent performance at a cost-effective price. TPO’s long-term heat, ultraviolet (UV), and natural fungal resistance, plus flexibility makes the TPO system a very reliable low-slope roofing system.
The RFP provided a detailed scope of work that was the basis for contractor’s proposals. The RFP
also provided the following criteria on which proposals would be evaluated:
• Firm Capabilities and References for Similar Work Completed by Proposed Team
• Scope of Submission
• Effective Project Approach, Timeline, and Safety
• Implementation, Installation, or Plan Effectiveness
• Price and/or Total Cost of Ownership
Three staff members evaluated the proposals and scored them according to the above criteria. Independent Roofing Specialists was determined to have the highest overall score. Independent
Council Action – Recreation Center Roof Replacement Project July 10, 2023
Page 3
provided more than six examples of specific projects where they performed work in accordance with the City’s scope of work including ballast removal. Independent also previously successfully completed the roof replacement at City Hall in 2018.
Project Schedule The annual shut down of the Recreation Center is scheduled for August 21 through August 27, 2023. The intent is to begin work on the roof during this week. The contract terms stipulate that all work must be completed within eight weeks from project initiation, no later than November 3,
2023.
RECOMMENDATION: Staff recommends that the City Council approve, by motion, a contract with Independent Roofing Specialists, LLC in the amount of $926,818 for the Recreation Center Roof Replacement Project,
with allowance for a 5% staff-managed contingency in the amount of $46,340. RECOMMENDED MOTION: “I move to award the Recreation Center Roof Replacement Project and approve subsequent payments to Independent Roofing Specialists, LLC in the amount of $926,818, with a contingency
amount of $46,340 for a total not to exceed amount of $973,158.”
Or,
“I move to deny award of the Recreation Center Roof Replacement Project to Independent Roofing Specialists, LLC for the following reason(s) __________________.”
REPORT PREPARED/REVIEWED BY: Dan Beiers, Facilities Manager Whitney Mugford-Smith, Procurement Manager Maria D’Andrea, Director of Public Works
Patrick Goff, City Manager
ATTACHMENT: 1. Contract with Independent Roofing Specialists, LLC
RFP-23-0113-Rec Center Roof Repl
CITY OF WHEAT RIDGE RFP-23-0113 Wheat Ridge Recreation Center Roof Replacement AGREEMENT
THIS AGREEMENT made this day of July, 2023 by and between the City of Wheat Ridge, Colorado, hereinafter called
"Owner" and Independent Roofing Specialists, LLC, 4995 Locust St., Commerce City, CO 80022, 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, RFP-23-0113 Rec Center Roof Replacement, in accordance with
the Contract Bid Documents:
a.Remove existing ballasted EPDM roofing system, including insulation to sloped steel deck
b.Dispose of old roofing system, transport rock ballast to City’s designated area, prepare for new roofinstallation
c.Install 1-layer VapAir Seal MD vapor barrier over entire steel decksd.Install 2-layers each of 2.6” polyiso insulation, combined R Value to = 30
e.Install 1-layer each of 1/2” thick Densdeck Primed roofing cover boardf.Install EPS insulation crickets as needed to facilitate drainage
g.All layers of insulation to be mechanically fastened to steel deck with screws & platesh.Install a 80 mil thick TPO roof system, adhered to Densdeck cover board per mfg recommendations
i.Install 60 mil TPO on all vertical walls, curbs, etc. adhered to substate per mfg recommendationsj.Walls flashed up and over and down outside edge of walls. All other flashings per manufacturer’s standarddetailsk.Install walkway as designated on plans
l.Manufacturer’s 30-year warranty and contractor’s 2-year labor warranty includedm.Includes multiple mobilizations
n.Remove existing Parapet wall coping cap, save and reinstall, fabricate & install new overflow scupperso.Remove and install new Fiberglass skylights 12’x12’ each, 6 each, same as originalp.Provide service to raise & reset cell tower arrays, and reset online servicesq.Performance &b Payment Bonds 100% coverage included
r.All equipment, insurances, and labor included
2.The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with theterms therein for the Total Contract amount including a 5% contingency not to exceed nine hundred seventy-three thousand one hundred fifty-eight dollars, ($973,158.00).
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 eight weeks after the date of theNotice to Proceed unless the time for completion is extended otherwise by written changes to the Contract BidDocuments.
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, such
amounts as required by the Contract Documents.
6.Section 2-3 (a) – (e) of the City's Code of Laws is presented below:
ATTACHMENT 1
RFP-23-0113-Rec Center Roof Repl
(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.
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:
Contact Information City Contractor Name: Daniel Beiers Terry Canchola Phone: 303-205-7554 303-901-1117 Email Address: dbeiers@ci.wheatridge.co.us terrycanchola@independentroofingspecialists.com Address: 7490 W 45th Ave. 4995 Locust St. City, State, Zip Code Wheat Ridge, CO 80033 Commerce City, CO 80022 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
RFP-23-0113-Rec Center Roof Repl
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.
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.
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
______________________________________ __________ Daniel Beiers, Facilities Manager Date Signed
______________________________________ __________ Maria D’Andrea, Director of Public Works Date Signed
______________________________________ __________ Patrick Goff, City Manager Date Signed
RFP-23-0113-Rec Center Roof Repl
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
RFP-23-0113-Rec Center Roof Repl
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
Independent Roofing Specialists, LLC (Name of Contractor)
4995 Locust St., Commerce City, CO 80022 (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
Nine hundred twenty-six thousand eight hundred eighteen dollars, ($926,818.00).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, RFP-23-0113-Rec Center Roof Repl., in accordance with the Contract Bid Documents including:
• Proposal for Total Roof System
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.
RFP-23-0113-Rec Center Roof Repl
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.
RFP-23-0113-Rec Center Roof Repl
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
Independent Roofing Specialists, LLC (Name of Contractor)
4995 Locust St., Commerce City, CO 80022 (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
Nine hundred twenty-six thousand eight hundred eighteen dollars, ($926,818.00) 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, RFP-23-0113- Rec Center Roof Repl., in accordance with the Contract Bid Documents including:
• Proposal for Total Roof System
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.
RFP-23-0113-Rec Center Roof Repl
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.
Independent Roofing Specialists
4995 Locust Street
Commerce City, Co
Job Reference List
Brighton Retail
825 S Kuner Road
Brighton, CO
845 Sqs , remove & replace EPDM Membrane, redistribute ballast. Membrane swap
Williams Construction Company
2701 W Mansfield Ave
Englewood, Co
Jared Lundy Project Manager
303-989-9009 Office
City of Wheat Ridge Municipal Building
7500 W. 29th Ave
Wheat Ridge, CO
100 sqs , removed existing EPDM roof system. Install new 60mil EPDM roof system and sheet metal
flashings
City Of Wheat Ridge
7500 W 29th Ave
Wheat Ridge, CO 80033
Mike Farrell/Building Maintenance Supervisor
303-748-6211
mfarrell@ci.wheatridge.co.us
515 Clarkson Apartments
515 N. Clarkson St
Denver, CO
90 sqs removed existing EPDM roof system and replaced with 60 mil EPDM roof system And sheet metal
flashings. 13 stories tall
Red Peak
375 S. Broadway, Suite 200
Denver, Colorado
Brian Lynch
720-301-8353
blynch@redpeak.com
The Seasons at Cherry Creek
3333 East Bayaud Ave
Denver, Co
340 sqs remove and replace EPDM roof system , redistribute ballast, membrane swap. Reset coping caps
Red Peak
375 S. Broadway, Suite 200
Denver, Colorado
Brian Lynch
720-301-8353
blynch@redpeak.com
The Seasons at Cherry Creek
3329 East Bayaud Ave
Denver, Co
320 sqs remove and replace EPDM roof system, redistribute ballast, membrane swap. Reset coping caps
Red Peak
375 S. Broadway, Suite 200
Denver, Colorado
Brian Lynch
720-301-8353
blynch@redpeak.com
Meadowlark Center
9050 W. 6th Ave
Lakewood, CO
500 sqs , remove existing BUR to gypsum deck, install full tapered insulation system, Densdeck cover
board, all set in low rise adhesive, Versico fully adhered 60 mil EPDM roof system, 20 yr warranty
J & B Building Co
8933 E. Union Ave , # 216
Greenwood Village, Co 80111
Matt Landes/Asset Manager
303-741-6343 x 101
Yosemite Village
1171-1254 South Yosemite Way
Denver, CO
Combine approx. 500 sqs, remove existing roof systems to deck, install Fully adhered EPDM roof systems
Weststar Management Corp.
6795 E. Tennesse Ave, Suite 601
Denver, Co Suite 601
Michael J. Workman/Senior Property Manager
720-941-9200, ext. 55
mworkman@weststarmanagement.com
CACI International, Inc
15955 E. Centretech Ave.
Aurora, CO
700 sqs, removed and replaced EPDM roof systems, redistribute ballast
Mountain States Home Improvement
12343 E. Cornell Ave
Aurora, Co
Roy Thomas/Owner
720-979-4546