Loading...
HomeMy WebLinkAbout01-08-2024 City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO January 8, 2024 6:30 pm This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on January 8, 2024) 3. Virtually attend and participate in the meeting through a device or phone: • Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on January 8, 2024) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES 1. City Council Study Session Notes, December 4, 2023 2. City Council Meeting Minutes, December 11, 2023 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Proclamation – Judge Randall Day 2. Law Enforcement Appreciation Day – January 9th PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Motion to approve the purchase of a truck with a chipper dump body from Altec Industries, Inc. in a total amount not to exceed $107,700 b. Motion to approve payment to Colorado Intergovernmental Risk Sharing Agency for the 2024 Property/Casualty premium in the amount of $529,539.55 c. Motion to approve monthly payments to Colorado Employer Benefit Trust for 2024 Medical, Dental, Employee Assistance Program and Life Insurance membership billing in an amount not to exceed $2,485,412 d. Resolution No. 01-2024 – a resolution approving an amendment to the right of way maintenance services contract with Terracare Associates, LLC PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 33-2023 – an ordinance amending Section 11-52.5 of the Wheat Ridge Code of Laws concerning membership of the Wheat Ridge Liquor Licensing Authority ORDINANCES ON FIRST READING 3. Council Bill No. 01-2024 – an ordinance approving the rezoning of property located at 10390 W. 38th Avenue from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) 4. Council Bill No. 02-2024 – an ordinance vacating any interest held by the City in a portion of W. 46th Avenue between Everett and Estes streets DECISIONS, RESOLUTIONS, AND MOTIONS 5. Resolution No. 02-2024 – a resolution designating the municipal building main entrance display cabinet as the official public notice posting location and the city’s official internet webpage for city publications in 2024 6. Resolution No. 03-2024 – a resolution levying general property taxes for the year 2023, to help defray the costs of Government for the City of Wheat Ridge, Colorado for the 2024 Budget Year 7. Motion to award a contract and approve subsequent payments of $100,000 to Progressive Urban Management Associates for the Economic Development Strategic Plan 8. Resolution No. 04-2024 – a resolution approving an intergovernmental agreement among City of Wheat Ridge and Longs Peak Metro District regarding Prospect Trail improvements at Clear Creek Crossing CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting December 4, 2023 Mayor Starker called the Study Session to order at 6:32 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members of Council were present in Council Chambers for this session. The Mayor also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council Members present: Scott Ohm, Jenny Snell, Korey Stites, Amanda Weaver, Leah Dozeman, Dan Larsen, Janeece Hoppe (virtually) and Rachel Hultin. . Also present: City Manager, Patrick Goff; City Clerk, Steve Kirkpatrick; Deputy City Manager, Allison Scheck (remotely); Chief of Police, Chris Murtha; Director of Community Development, Lauren Mikulak; Director of Public Works, Maria D’Andrea; City Attorney, Jerry Dahl; Assistant City Manager, Marianne Schilling; Localworks Executive Director, Paige Piper; Management Analyst, Cole Haselip, other staff and interested residents. Public’s Right to Speak No one came forward tonight. Note about Wheat Ridge Speaks: Members of the public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for the public to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item. No comments appeared in Wheat Ridge Speaks for this session of Council. 1. Wheat Ridge 102 Presentations Issue Wheat Ridge 102 participants have been working on two projects this fall: Green Business and Snow Removal Assistance. Program participants will present their finalized project blueprints to the City Council, with the goal of handing these projects off to staff for implementation. Staff Reports Assistant City Manager, Marianne Schilling, and Localworks Executive Director, Paige Piper presented the issue and summarized background on the issue, where Wheat Ridge 102 is a new program that grew out of Wheat Ridge 101, a seven-week interactive program designed to share detailed information about how the City of Wheat Ridge works, and to discuss strategies for community input and engagement. Participants in Wheat Ridge 102 were required to be graduates of the Wheat Ridge 101 program. The first Wheat Ridge 102 program launched in September 2023, and was designed to follow a self-guided schedule with homework assignments, outside work requirements and a syllabus for specific milestones in the project timeline. Each project, either Green Business or Snow Removal Assistance, required involvement with local businesses, community members and other stakeholders. Regular check-ins were required as part of the program, and the whole group was able to share questions and ideas with each other to strengthen the outcome of the projects. Councilmembers asked detailed questions about several topics, engaging in discussion among themselves and with staff including: • Several CM expressed their thanks for the staff efforts on this complex issue. • A detailed discussion of the practical operation, legal requirements, and outcome desires for resolving this issue. CM comments and feedback Because this item was purely informational, no consensuses where proposed. CM profusely thanked the staff and even more so the participants who learned/worked through WR 102. They also acknowledged and thanked LocalWorks and its Executive Director, Page Piper. CM also opined that the WR 102 program was a rousing success. CM discussed several internship opportunities for implementing some of the recommended action plans. Clerk’s note: The Mayor called for item 3 below, after the conclusion of item 1, rather than item 2. Item 2 was discussed after Council attended to item 3. 2. Community Advisory Group Issue Staff requests that the City Council revise its classification of the Community Advisory Group as a Hybrid Committee to a Staff-Selected Committee. Staff Reports Management Analyst Cole Haselip provided City Council prior actions and where the municipal courts financials where at the time of the prior meeting on Oct. 2, 2023, there was no Police Department representation at the meeting, and staff shared with Council that if there were any concerns with this framework, staff would be back to review those concerns. After the meeting, staff spoke with Police Chief Murtha and Division Chief Lorentz, who identified some concerns with establishing the CAG as a Hybrid Committee. It was determined that staff should return to council to present these concerns so that Council could make a well-informed decision. Also relayed was some of the history of the where the Wheat Ridge CAG was first established in 2018 with the goal of advancing the City’s philosophy of relationship- based policing. One of its functions is to facilitate two-way communication between community members and the police. This practice is intended to foster constructive dialogue which results in enhanced policing strategies and develops community trust. The CAG also helps to organize and volunteer in events such as the City’s National Night Out, which celebrates community safety and law enforcement professionals. Discussion included but was not limited to: • The CAG is a self-selected committee. • The CAG often discusses sensitive topics. • The effectiveness of the committee. Mr. Haselip finished the presentation and stood by to answer questions. CM had comments and questions: Several CM and the Mayor thanked Chief Murtha for the informative presentation. CM engaged in a discussion and exchange of questions and proposals with the staff and among themselves, addressing the Chief’s recommendations. There were comments and concerns about the membership of the CAG, it’s charter and charges, and the transparency of the CAG’s meetings and recommendations to the Chief of Police. CM expressed support for the recommendation that the CAG be re-approved as a staff selected committee. MPT Stites proposed a consensus for City Council to revise its classification of the Community Advisory Group from a Hybrid Committee to a Staff-Selected Committee. Consensus attained. Clerks note: This item 3 was addressed immediately following item 1 above, rather than in the order published in the agenda and Council Packet. 3. Overview of City Snow and Ice Control Policy and Related Effort Issue To provide an overview of the updated Snow and Ice Control Policy and the city’s available resources for responding to this critical function. Community Service staff have not taken a proactive approach to addressing property owners who do not follow this ordinance. This has resulted in numerous complaints from pedestrians who cannot traverse the sidewalk network in a safe manner. Therefore, staff is also seeking direction on whether or not the City Council wishes to consider a stronger response regarding warnings and notices of violation. Staff Reports Director of Public Works, Maria D’Andrea provided City Council prior actions and background where the city believes that it is in the best interest of the community to assume basic responsibility for snow and ice control on public streets. Effective snow and ice control is necessary for routine travel and the provision of emergency services. The city will attempt to provide such control in a safe and cost-effective manner while keeping in mind safety, budget, personnel, and environmental concerns. Ms. D’Andrea also relayed that the city’s funds are limited, and taxpayers require that they be spent cost-effectively. It is not possible to address all snow and ice issues simultaneously and completely. It is also not practical to maintain equipment and personnel availability at a level that is sufficient for all possible situations. Therefore, priorities and levels of service have been established in line with the allocated resources. Providing a higher level of service or engaging in different activities will require additional funding and/or re-prioritization of existing resources to cover different priorities. Discussion included but was not limited to: • Priority Street Designations. • Storm Classifications. • Snowplow Map. • Personnel • Equipment • Other Agency’s Roadways • Environment Other items and question for consideration included the following topics: • Should additional resources be considered to address snow plowing and/or removal from sidewalks? • Should additional resources be considered to address snow plowing and/or removal from bike lanes? • Should certain sidewalks and/or bike lanes be prioritized over current ones that are addressed by staff? • Is there a desire to more proactively address violations of the sidewalk clearing code? Ms. D’Andrea also spoke on how staff had researched how other cities maintained their streets, trails and sidewalks, as well as their snow removal techniques. Ms. D’Andrea finished the presentation and stood by the answer questions. CM had comments and questions: Several CM and the Mayor thanked the staff for the informative presentation. They indicated a strong approval of a new software application that allows the public to see where plows have been, where they are, and to submit comments or requests. CM engaged in a discussion and exchange of questions and proposals with the staff and among themselves. CM Weaver commented on the discrepancy between residences and businesses that have sidewalks (which must be cleaned within 24 hours of the storm end) and those who do not have sidewalks. This creates issues of fairness and where pedestrians are to walk in locations without sidewalks. Other CM commented on businesses facing our commercial corridors that plow their parking lots by piling snow and ice on the sidewalks. That creates obvious safety hazards, especially for cyclists, pedestrians and the disabled. The staff should strongly consider more stringent enforcement of snow removal in those commercial locations. 4. Staff Report(s) Mr. Goff nothing more tonight. Elected Officials’ Report(s) Clerk Kirkpatrick announced that the Cultural Commission has purchased all tickets for this Sunday’s matinee presentation of A Christmas Cactus at the Wheat Ridge Community Theater. CM Ohm thanked those who participated in the bicycle repair and refurbish event. It was a beautiful day and a very well attended and appreciated event. Some attendees asked when we will do the next one. CM Hultin attended the CC4CA retreat this past weekend. During the happy hour she saw a number of WR folks who are now engaged in sustainability programs in other cities along the Front Range; another great kind of export from WR. MPT Stites Local Works fundraiser is tomorrow night. He noted ribbon cuttings for new Chik-Fil-A and other businesses last week. He also applauded the holiday lighting held last weekend. CM Snell CM Weaver CM Dozeman Mayor Starker attended the Tabor Lake Apartment and Chik-Fil-A ribbon cuttings. He was very proud of our community and the nice event at the tree lighting. This Saturday is the opening and ribbon cutting for the new playground at Anderson Park ADJOURNMENT The Study Session adjourned at 9:44 pm. APPROVED BY CITY COUNCIL ON December 11, 2023. _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Korey Stites, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  December 11, 2023  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  Mayor Starker called the Regular City Council Meeting to order at 6:32 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Jenny Snell Scott Ohm         Rachel Hultin  (virtually)        Janeece Hoppe Amanda Weaver     Korey Stites       Leah Dozeman Dan Larson Also present: City Attorney Gerald Dahl; Police Chief, Chris Murtha; Director of Parks and Recreation, Karen O’Donnell; Director of Public Works, Maria D’Andrea; Director of Community Development, Lauren Mikulak; Deputy City Clerk Robin Eaton, other staff, guests and interested citizens.  APPROVAL OF MINUTES • Study Session Notes of November 6, 2023 and November 27, 2023 • City Council Meeting Minutes of November 13 2023 and November 27, 2023 The above Notes and Minutes were approved without changes. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES Wheat Ridge 102 Graduation Mayor Starker recognized the participants in Wheat Ridge 102 and thanked them for their hard work. He also noted that their civic interest and voluntary efforts are essential for our City. He described the two programs the group started, a Green Business Program and a Snow Removal Assistance Program, which they presented to Council during the Study Session on December 4th. Introduction of new Police Recruits Mayor Starker introduced Chief Murtha, who introduced the newest class of Wheat Ridge Police Officer recruits, at the end of their Police Academy training, testing and evaluation. The Mayor thanked them for their willingness to serve and protect in the proud tradition of service at the WRPD. Recognition of Wheat Ridge High School Soccer League Champions Mayor Starker and CM Hoppe recognized the Wheat Ridge High School Boys Soccer Team, who recently won their second consecutive district championship! They recognized the coach and each member of the team and listed not only their athletic accomplishments but also their academic achievements. Recognition of Wheat Ridge High School Varsity Poms League Champions CM Hoppe recognized the team and their coaches for their recent victory in the league championship competition. The team practices for 10-15 hours a week, in addition to supporting live competitions for other WRHS varsity teams. They were also the Colorado State Poms competition runners-up! PUBLIC’S RIGHT TO SPEAK Margaret Robinson, 4 Hillside Drive, came to commend City Council for approving the zoning changes that made affordable housing near Wadsworth and 44th Avenue. Then she commented on the recent bitterly cold weather, and previous extreme weather events, that make surviving the cold a real challenge for the unhoused. She listed locations where the unhoused can seek refuge but lamented the lack of communication about these shelters to the unhoused across Jefferson County. Shelli Williams, spoke about the speeding cars on 32nd Avenue between Wadsworth and Sheridan and wants something done about it. She lost two pets recently to speeding vehicles. Vehicles along that main artery routinely exceed the posted speed limit by dangerous amounts. Note about Wheat Ridge Speaks: Members of the Public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item.  The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening.  The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). No comments appeared in WR Speaks for this session of Council. 1. CONSENT AGENDA CM Hoppe introduced the consent agenda. She asked for a consensus to separate item 1 a on the Consent Agenda and consider it separately. Without objection, the change in agenda was approved. CM Hoppe then proceeded with introduction of, and a motion to approve, the remaining items on this list. b. Motion to extend the contract for professional services with AECOM Technical Services Inc., in an amount not to exceed $1,903,103 and approving subsequent payments for ongoing program management services for the Investing 4 the Future program. Issue On January 27, 2017, the firm AECOM Technical Services, Inc. (AECOM) was selected through the city’s procurement process to provide multi-year professional engineering and land use planning services for the 2E Bond Fund, “Investing 4 the Future”, projects and to serve as an extension of staff, as needed, for review and assistance in the delivery of private development projects in the Clear Creek Crossing and Wheat Ridge Ward Station areas as well as construction management for the Improve Wadsworth Project. The scope and related fees for AECOM services for 2024 have been negotiated and are presented in this memo. City Council action is requested for the approval of the AECOM contract amendment and extension. c. Resolution No. 54-2023 – a resolution amending the Fiscal Year 2023 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $90,000 for the purpose of funding the Anderson Building boiler replacement. Issue On occasion, it is necessary to adjust the current year’s budget in order to account for unanticipated expenditures. In late-August, the boiler at the Anderson Building failed. The unit is estimated to be 20 to 25 years old and needs to be completely replaced. The city’s insurance will provide for the replacement costs less the deductible. As this is an unanticipated expense, it is required that the City Council authorize this increase to the City’s budget by resolution. d. Motion to award a contract and approve subsequent payment of $106,713 to Progressive Commercial Aquatics for pipe and skimmer leak repairs at the Anderson Pool. Issue The leisure pool at Anderson Park has encountered numerous pipe leaks that require immediate repair to safeguard the facility's integrity and allow us to continue offering outdoor aquatics to the Wheat Ridge community. This motion is to award a contract to Progressive Commercial Aquatics to complete this essential work. Motion by CM Hoppe to approve Consent Agenda Items, b.), c.), and d.), seconded by CM Weaver, motion carried 8-0. CM Hoppe then returned to addressing item 1 a: a. Motion to adopt the 2024 City Council Meeting calendar. Issue The calendar of the City Council meetings is adopted by a motion of the City Council annually. Adopting the meeting calendar for the year is more efficient and enables the Mayor, Council, and staff to schedule other events and travel in advance. The Council will be able to amend the calendar by motion throughout the year, if necessary. The following City Council meetings that conflict with observed City holidays or other known events during the year are recommended for cancellation. • Study Session, January 1, 2024 - New Year’s Day observance • Study Session, January 15, 2024 – Martin Luther King, Jr. Day • Study Session, February 19, 2024 – President’s Day • Regular City Council Meeting, May 27, 2024 – Memorial Day • Study Session, September 2, 2024 – Labor Day • Regular City Council Meeting, November 11, 2024 – Veterans Day Council may want to also consider the following City Council meetings that conflict with other meetings or community events: • Regular City Council Meeting, March 11, 2024 – National League of Cities Conference • Regular City Council Meeting, March 25, 2024 – Jeffco Schools spring break • Regular City Council Meeting, December 23, 2024 – Christmas holiday • (Amended) Regular City Council Meeting, December 24, 2024 Motion by CM Hoppe to approve Consent Agenda Item, 1 a.), with the addition of the Regular City Council meeting on 12/23/2024 to the list of cancelled sessions due to the Holiday Season; seconded by CM Stites, motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 29-2023 – An Ordinance approving the rezoning of properties located at 3650 and 3660 Wadsworth Boulevard from Restricted-Commercial (R- C) and Neighborhood-Commercial (N-C) to Mixed Use Neighborhood (MU-N). CM Hoppe introduced Council Bill 29-2023. Issue Batt Cave LLC is requesting approval of a zone change from Restricted-Commercial (R-C) and Neighborhood-Commercial (N-C) to Mixed Use-Neighborhood (MU-N) for the properties at 3650 and 3660 Wadsworth Boulevard. The zone change will result in one zoning across both parcels, will provide a continuation of the MU-N zoning from the east, and reflects both the transitional nature of this location and the character of the Wadsworth Corridor. The Mayor opened the public hearing, which is quasi-judicial. City Attorney Dahl discussed CM Larsen’s previous handling of this item when he served on the Planning Commission. Motion by CM Hoppe to not excuse CM Larsen from voting on this item, seconded by CM Stites. After due discussion and deliberation, Council voted to allow CM Larson to participate in the discussion and vote on this item: Ayes were 6; CM Dozeman voted Nay and CM Larson abstained by voting present. The City Attorney then asked CM Larsen several questions relating to his impartiality, and thereafter declared he is satisfied CM Larsen is qualified and able to participate in this item. Staff Presentation Planner II Alayna Olivas-Loera gave a detailed presentation which included the background where the property is located on the east side of Wadsworth Boulevard between W. 38th Avenue and W. 36th Avenue. The property at 3660 Wadsworth Boulevard is zoned Neighborhood-Commercial (NC) and 3650 Wadsworth Boulevard is zoned Restricted-Commercial (RC). Properties to the north and east are zoned Mixed Use-Neighborhood (MU-N), Residential-Three (R-3) to the south, and Mixed Use- Commercial (MU-C) to the west. All neighboring properties are predominantly commercial in nature with some higher density residential to the south. Ms. Olivas-Loera stated that the applicant is requesting a zone change to MU-N to allow for a wider range of uses and to align the properties’ zoning with the Envision Wheat Ridge Comprehensive Plan (the “Comprehensive Plan”), the Wadsworth Corridor Subarea Plan (the “Corridor Plan”), and other properties on the corridor. Staff believes the zone change would bring the property into conformance with the adjacent mixed-use zoning. Although no development for the site is proposed at this time, a zone change to MU-N would provide consistent zoning across both parcels, provide more consistent zoning in the area, allow a wider range of use options should it redevelop in the future, and bring the site into conformance with the long-term goals for the corridor. Afterwards she stood by to answer any questions. Public Comment There were none tonight. Council Questions and comments: CM had few comments, having recently reviewed the details of this item in a Study Session. The Mayor closed the public hearing. Motion by CM Hoppe to approve Council Bill 29-2023 – an ordinance approving the rezoning of properties located at 3650 and 3660 Wadsworth Boulevard from Restricted-Commercial (R-C) and Neighborhood-Commercial (N-C) to Mixed Use Neighborhood (MU-N), on second reading, and that it takes effect 15 days after final publication, seconded by CM Ohm, motion carried 8-0. 3. Council Bill No. 30-2023 – An Ordinance amending Section 2-33 of the Wheat Ridge Code of Laws concerning Community Service Officer code enforcement powers. CM Snell introduced Council Bill 30-2023. Issue In an effort to bring greater compliance to the City’s licensing programs, a new compliance officer position is being created through a vacancy on the Community Services Officers (CSO) team. This position will focus on licensing compliance rather than typical CSO duties. In order to meet the objective of ensuring compliance with licensing programs, the City’s Code of Laws needs to be amended to expand the scope of City employees that are able to issue municipal court summons, including Chapter 11 licensing violations. Furthermore, the Code should also reflect that compliance officers shall be designated as peace officers akin to a CSO. The Mayor opened the public hearing. Staff Presentation City Attorney Gerald Dahl gave a brief presentation on the facts of Hotel Licenses, Short Term Rentals among others. Cole Has gave a brief presentation which included the background where in an effort to bring greater compliance to these licensing programs and others, including home occupation business licenses, the City is centralizing responsibility under one CSO/Compliance Officer in the Finance Division. This employee will manage caseloads, akin to a CSO, but focus on licensing compliance rather than typical CSO duties. This approach requires an update to the Code so that the employee has the appropriate authority to do the work.. Afterwards he stood by to answer any questions. Public Comment There were none tonight. Council Questions and comments: CM had no comments, having recently reviewed the details of this item in a Study Session. The Mayor closed the public hearing. Motion by CM Snell to approve Council Bill 30-2023 – an ordinance amending Section 2-33 of the Wheat Ridge Code of Laws concerning Community Service Officer code enforcement powers, on second reading, and that it takes effect 15 days after final publication, seconded by CM Weaver, motion carried 8-0. 4. Council Bill No. 31-2023 – An Ordinance vacating any interest held by the City in a portion of Clear Creek Drive, a public roadway. CM Stites introduced Council Bill 31-2023. Issue Clear Creek Drive is currently under construction to extend the roadway approximately 500 feet to the northwest. As part of this extension, the existing cul-de-sac bulb was demolished and reconstructed. City staff has determined that the sidewalk easements at the previous cul-de-sac location are no longer necessary, and they will be vacated by this ordinance. The Mayor opened the public hearing, which is quasi-judicial. Staff Presentation Lauren Mikulak gave a brief presentation which included the background where Clear Creek Drive is currently being extended by the master developer to provide secondary access to the Outlook II multi-unit development. As part of this extension, the existing cul-de-sac bulb will be demolished and reconstructed at the new terminus of the Clear Creek Drive approximately 500 ft to the northwest. Due to the bulb out design of the previous cul-de-sac, a very small section of sidewalk extended beyond City ROW, therefore an easement was required to encompass the sidewalk to allow for public access and future maintenance. With the relocation of the cul-de-sac, the sidewalk was straightened, and the previous sidewalk easement must now be vacated. Disposal of property, including an easement serving as an extension of right-of-way, is completed by ordinance. Staff recommends approval of the ordinance so that the easement can be vacated and the encumbrances on the private property owners can be removed. Afterwards she stood by to answer any questions. Public Comment There were none tonight. Council Questions and comments: CM had few comments, having recently reviewed the details of this item in a Study Session. The Mayor closed the public hearing. Motion by CM Stites to approve Council Bill 31-2023 – an ordinance vacating any interest held by the City in a portion of Clear Creek Drive, a public roadway, on second reading, and that it takes effect immediately after final publication, seconded by CM Hoppe, motion carried 8-0. 5. Council Bill No. 32-2023 – An Ordinance vacating any right-of-way interest held by the City in a portion of Miller Court. CM Dozeman introduced Council Bill 32-2023. Issue A portion of right-of-way near Miller Court and W 37th Place has been deemed to be unnecessary by the Community Development Department. This portion of right-of-way is not built or used as a roadway and is proposed to be vacated. The Mayor opened the public hearing. Staff Presentation Lauren Mikulak gave a brief presentation which included the background where in 1984 , the City, in cooperation with the Mile High Flood District (MHFD), constructed flood mitigation improvements along Lena Gulch. After the completion of the improvements, Lena Gulch was narrowed, and Tract A was no longer needed. This parcel of land was to be vacated by the City to the property owner of 10450 W 38th Avenue while reserving an easement for maintenance access of the improvements in Lena Gulch. No documents have been found in either City, County, or the property owners records that indicate that the transfer was completed. This ordinance would complete the previously intended vacation. This portion of the Miller Street ROW has been used by the property owners for decades as a parking area for the business at 10450 W 38th Avenue. The City and MHFD’s contractors, acting on the City’s behalf, have used the southwest corner of the Miller Street ROW to access Lena Gulch, when necessary, to maintain the Gulch. This maintenance mostly consists of routine removal of vegetation and debris to ensure the capacity of the Gulch to convey storm events, whereas staff recommends approval of the ordinance. Afterwards she stood by to answer any questions. Public Comment There were none tonight. Council Questions and comments: CM had no comments. The Mayor closed the public hearing. Motion by CM Dozeman to approve Council Bill 32-2023 – an ordinance a vacating any right-of-way interest held by the City in a portion of Miller Court, on second reading, and that it takes effect immediately, seconded by CM Stites, motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING 6. Council Bill 33-2023 – An Ordinance amending Section 11-52.5 of the Wheat Ridge Code of Laws concerning membership of the Wheat Ridge Liquor Licensing Authority. CM Stites introduced Council Bill 33-2023 Issue City Council amended the City’s Boards and Commissions Code to create new regulations pertaining to term limits, unexcused absences, automatic removal, approximately equal district representation of board members, and Council’s ability to remove members among other things. While certain provisions extend to the Liquor Licensing Authority (LLA), amendments concerning term limits, district representation, and Council’s removal authority do not apply to the LLA. This ordinance will amend the Code to extend these provisions of the Boards and Commissions Code amendments to the Liquor Licensing Authority. Staff Presentation There was none as this is a bill on first reading. Public Comment No one came forward as this item sets the date and time for the public hearing on this ordinance at the indicated date and time. Motion by CM Stites to approve Council Bill 33-2023 – an ordinance amending Section 11- 52.5 of the Wheat Ridge Code of Laws concerning membership of the Wheat Ridge Liquor Licensing Authority, on first reading, order it published, public hearing set for Monday, January 8, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect 15 days after final publication, seconded by CM Hoppe, motion carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS 7. Motion to award a contract and approve subsequent payments to CZB LLC, in an amount not to exceed $400,000 for professional services for the Comprehensive Plan update. CM Hultin introduced the Motion. Issue The city has determined that it is time to update the comprehensive plan. Funds were previously budgeted for this update, and the city is seeking consultant services to complete this plan update for a total cost not to exceed $400,000. On October 30, 2023, the firm CZB was selected by the City’s established procurement process to perform the required professional services for completion of the comprehensive plan update. Staff Presentation Ella Stevie, project manager, presented details to Council about getting involved and how to get updates. Public Comment No one came forward to speak. Council Questions and comments CM Hultin questioned about a dedicated URL for the community engagement. Motion by CM Hultin to award a contract and approve subsequent payments to CZB LLC, in an amount not to exceed $400,000 for professional services for the Comprehensive Plan update, seconded by CM Stites, motion carried 8-0. 8. Motion to approve installation of Traffic Calming Devices on Estes Street, from 35th Avenue to 38th Avenue, and Lamar Street from 26th Avenue to 29th Avenue, in accordance with the requirements of the Neighborhood Traffic Management program. CM Larson introduced the Motion. Issue In early 2023, the Neighborhood Traffic Management Program (NTMP) underwent modifications aimed at streamlining processes, improving accessibility for residents, setting eligibility requirements, and establishing a formal annual project timeline. Out of the seven segments enrolled in the 2023 NTMP, four were deemed eligible for speed humps based on program criteria. Of those, two segments—Estes Street and Lamar Street—met the 50% resident approval requirement necessary for the NTMP. These two projects will be constructed in 2024. Staff Presentation Lauren Mikulak and Project manager Jordan Jeffries gave brief presentations which included the budget items and background where the City of Wheat Ridge has long provided a Neighborhood Traffic Management Program (NTMP) to address resident concerns about traffic, particularly speeding, on local and collector streets within residential areas. In late 2022, the program was temporarily paused to enhance its effectiveness. The aim was to streamline procedures, define eligibility criteria, increase accessibility, and establish a clear annual schedule for project implementation. Of the seven segments in the 2023 NTMP, only four were eligible for speed humps based on traffic data collected. However, only two segments met the 50% resident approval threshold required for traffic-calming installation. Those include: 1. Estes Street, from 35th Avenue to 38th Avenue. 2. Lamar Street, from 26th Avenue to 29th Avenue Virtual neighborhood meetings were held for approved projects on Lamar Street and Estes Street. These meetings, held on November 7th and November 9th respectively, presented traffic data and speed hump layout plans to interested residents. A two-week comment period followed the neighborhood meetings. City staff received only one inquiry from a Lamar Street resident questioning a speed hump location; after an explanation, no further concerns were raised. Public Comment No one came forward to speak. Council Questions and comments CM Hultin asked detailed questions about how this action will impact schools and parks, which staff answered. Motion by CM Larson to approve installation of Traffic Calming Devices on Estes Street, from 35th Avenue to 38th Avenue, and Lamar Street from 26th Avenue to 29th Avenue, in accordance with the requirements of the Neighborhood Traffic Management program, seconded by CM Weaver, motion carried 8-0. 9. Resolution No. 55-2023 – a resolution approving a trail maintenance agreement with Sisters of Charity of Leavenworth Health System, Inc. (SCL Health). CM Weaver introduced Resolution 55-2023. Issue Sisters of Charity of Leavenworth Health System, Inc. (SCL Health) is constructing a trail on the east side of the hospital at Clear Creek Crossing. This Agreement outlines the responsibilities of the City of Wheat Ridge and SCL Health, as it pertains to trail maintenance. Staff Presentation Director of Parks and Recreation Karen O’Donnell presented to council the background where pursuant to the Clear Creek Crossing subdivision and Planned Mixed Use Development zoning, a trail connection is required and planned for on the east side of the hospital (13155 W. 40th Ave.). The subject Trail Maintenance Agreement between SCL Health and the City was drafted by the City to identify short and long-term obligations of the owner and City.  The trail connection is in CDOT right-of-way, is being constructed by SCL Health, and is located within the City of Wheat Ridge, hence the need for an agreement. The trail is now under construction by SCL Health. When SCL Health and Intermountain Health merged in 2022, the property stayed in the name of SCL Health which is why SCL Health is listed as the official party to the agreement. Per the hospital’s recorded development agreement, this trail agreement is a requirement that must be completed before a certificate of occupancy can be issued. Within the agreement, the Parks and Recreation Department agrees to provide routine and preventative maintenance of the entire trail commencing on the date of completion of the trail. Routine and preventative maintenance includes: • routine and preventive maintenance of stabilized crushed granite fines • snowplowing, sweeping, and clearing. • spraying for weeds twice annually • maintenance of directional signs SCL Health will be responsible for long-term repairs beyond routine and preventative maintenance, and potential relocation of the trail should CDOT ever need this portion of right-of-way. SCL Health has agreed to the terms of the Trail Maintenance Agreement. Ms. O’Donnell then stood by to answer questions. Public Comment No one came forward to speak. Council Questions and comments CM Dozeman stated that the applicant is employed by the SCL Health group. Whereas Mr. Dahl asked, and it was confirmed that no funds will go to her directly and she was allowed to vote. Motion by CM Weaver approving a trail maintenance agreement with Sisters of Charity of Leavenworth Health System, Inc. (SCL Health), seconded by CM Hoppe, motion carried 8-0. 10. Resolution No. 56-2023 – a resolution amending the 2023 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $9,934 for the purpose of accepting donations to fund the Wish for Wheels event. CM Ohm introduced Resolution 56-2023. Issue The City partnered with the non-profit Wish for Wheels to facilitate a bike build at Stevens Elementary for the entire 2nd grade class. To cover the cost of the event, donations were made by The Architerra Group, ECI Construction Management, and Lutheran Medical Center. This budget supplemental will allow the City to cover this unbudgeted expense. Staff Presentation Director of Parks and Recreation Karen O’Donnell thanked council for their support. Ms. O’Donnell then stood by to answer questions. Public Comment No one came forward to speak. Council Questions and comments There were none. Motion by CM Ohm to approve Resolution No. 53-2023, a resolution amending the 2023 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $9,934 for the purpose of accepting donations to fund the Wish for Wheels event, seconded by CM Stites, motion carried 8-0. CITY MANAGER’S MATTERS Ms. Mikulak alerted every one of the last meetings of the year and updates about the winter weather will be given to the first speaker tonight. CITY ATTORNEY’S MATTERS Nothing tonight ELECTED OFFICIALS’ MATTERS CM wished all a healthy, happy and peaceful Holiday Season. CM Dozeman reminded us of all that as we shop for Holiday gifts and stocking stuffers that there are many local businesses that make it easy to select a variety of gifts; so, if you can find it in Wheat Ridge, please, buy it in WR, including the Four Seasons Farmers’ Market. CM Snell reported that the Senior Resource Center has acquired an electric Tri-Shaw, a cycle with a seat located in front of the cycle. The cycle will provide rides for seniors to the Center as well as trips around the area so that seniors can enjoy their neighbor- hoods and get some fresh air and (usually) sunshine. There is an open house on Thursday, December 14. CM Hultin reported on extensive goat herd shenanigans at Happiness Gardens as the herd feasts on the end of season plants. She also commented on the resident’s concerns about speeding along 32nd Ave expressed this evening during the Public’s Right to Speak. She opined that along 32nd Avenue from Wadsworth to Sheridan the thoroughfare is wide and that there are very few lights or other reasons to slow or stop. She asked that staff report to Council on ways the City can better manage traffic flow, especially speeding. CM Larson expressed his strongly positive impressions from the Proclamations and Ceremonies this evening. He was reminded why Wheat Ridge is such a great place to live. CM Ohm attended the ribbon cutting for the new playground at Anderson Park. The weather was hardly conducive to using the playground; there was snow on the new equipment and the windchill was uncomfortable. CM Weaver thanked District II and CM Hultin for welcoming Willie Nelson and his goat herd to Happiness Gardens. The goats will return to Five Fridges Farm soon. And remember, when Council returns in January it will be Stock Show season, and she invited everyone to attend, especially those who have never attended. CM Hoppe opined that our Wheat Ridge High School athletes demonstrate their commitment to academic and athletic excellence again, and again and again. We have so many student athletes who win competitions at the district, county and even state levels while performing well academically. The teams we recognized tonight are shining examples. MPT Stites echoed CM Hoppe’s comments as a former Farmer and alumnus. He thanked our seven new officers who Council met tonight. He also recognized the graduates of WR 102 for their commitment to the City and their work for others. He also noted that his son Brandon was the first kiddo to enjoy the new Anderson Park playground at the recent ribbon cutting. If you can find it in Wheat Ridge, buy it here. Mayor Starker thanked those who received proclamations tonight including the teams from WRHS and out new police officers. He had a great conversation at the last coffee with the mayor. He echoed resident’s concerns about speeding along 32nd Avenue. Drive carefully everywhere in WR! There is a meeting Wed. December 13 to discuss city-wide refuse removal. He thanked Parks and Rec Director O’Donnell and her staff for their excellent work on the Anderson Park Playground. ADJOURNMENT The meeting adjourned at 8:10 pm. APPROVED BY CITY COUNCIL ON January 8, 2024 _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Korey Stites, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e., they contain a record of what was done at the meeting, not what was said by the members. PROCLAMATION TO DESIGNATE JANUARY 8, 2024, AS JUDGE CHRISTOPHER RANDALL DAY WHEREAS, Judge Christopher Randall has been the Presiding Municipal Judge for the City of Wheat Ridge from January 2002 to December 31, 2023; and WHEREAS, Judge Randall has served intermittently on the Board of Directors for the Colorado Municipal Judges Association (CMJA) from the fall of 2004 to spring of 2011; and WHEREAS, Judge Randall served as Secretary on the CMJA from 2011-2012, the Treasurer from 2012-2013, the Vice President from 2013-2014 and the President from 2014-2015, has served as the Nuts and Bolts Moderator and was a contributing writer of the CMJA Bench Book; and WHEREAS, Judge Christopher Randall has always been available to share his wisdom, knowledge, and expertise with newly appointed judges or seasoned veterans; and WHEREAS, Judge Randall is valued by members of the CMJA as the “voice of reason” and consider him a judge who applies the fundamentals of fairness and equity; and WHEREAS, Judge Randall received the Municipal Judge of the Year award in 2023. NOW, THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim January 8, 2023, as JUDGE CHRISTOPHER RANDALL DAY Your commitment to upholding justice and ensuring the well-being of our community has not gone unnoticed. Your efforts have made a positive impact, and your dedication is truly commendable. Your work as a judge contributed significantly to the strength and fairness of our legal system. We are grateful for the difference you have made. IN WITNESS THEREOF, on this 8th day of January 2024. ____________________________ Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk PROCLAMATION NATIONAL LAW ENFORCEMENT APPRECIATION DAY JANUARY 9, 2024 WHEREAS, In 2015, Law Enforcement Appreciation Day, or Police Appreciation Day, was founded to highlight the support and appreciation of the general public for law enforcement; and, WHEREAS, by founding the national day of recognition, the founders hoped to draw attention to the dedication of law enforcement officers who serve the public and make a difference while doing a job they love; and, WHEREAS, National Law Enforcement Appreciation Day was founded to generate awareness of the dangers law enforcement officers face every day on the job while protecting the communities in which they live and work; and, WHEREAS, National Law Enforcement Appreciation Day is led by community members as a day to recognize law enforcement professionals as well as the sacrifices made by their families; and, WHEREAS, not only do professionals in law enforcement serve and protect by putting themselves in danger every day, but they safeguard life and property, provide protection against violence and disorder, and shield the innocent against deception and the weak against oppression or intimidation. NOW, THEREFORE, I, Mayor Bud Starker, call upon all those living and working in Wheat Ridge, upon our business community, and those in service, civil, and educational organizations to join us in recognizing LAW ENFORCEMENT APPRECIATION DAY 2024 to honor the service of the women and men of the Wheat Ridge Police Department and all those across the country who serve their communities in law enforcement. IN WITNESS THEREOF on this 8th day of January 2024. ______________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk ITEM NO: 1a DATE: January 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE PURCHASE OF A TRUCK WITH A CHIPPER DUMP BODY FROM ALTEC INDUSTRIES, INC. IN A TOTAL AMOUNT NOT TO EXCEED $107,700 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director of Public Works City Manager ISSUE: Each year, the city identifies a proposed list of vehicle replacements within the city fleet. In 2024, the city’s chipper truck, utilized by the Parks, Forestry, and Open Space Division, is scheduled for replacement. Staff has located a new vehicle, which is already built, through a vendor in North Carolina. The total price of the vehicle is $107,700 based on a quote provided by Altec Industries, Inc. . PRIOR ACTION: N/A FINANCIAL IMPACT: The funds for the purchase of this vehicle are budgeted in the 2024 Public Works Department General Fund budget, account number 01-303-800-807, Fleet Replacement. The total approved budgeted amount for this unit is $120,000. BACKGROUND: The existing chipper truck is a 2006 model and has reached the end of its useful life. The on-going maintenance and repairs have caused the unit to be downed frequently. This, along with the age of the vehicle, resulted in the recommendation for replacement in 2024. Council Action Form – Chipper Truck Purchase January 8, 2024 Page 2 Staff have located a replacement unit in North Carolina, through a Sourcewell cooperative purchase contract from Altec Industries, Inc., (Contract #110421-ALT). Sourcewell, formerly the National Joint Powers Alliance (NJPA), is a cooperative service that performs national research to obtain the best pricing for local governments. Sourcewell satisfies the bid process requirements and is endorsed by the State of Colorado’s Purchasing Office. The replacement vehicle meets the specifications and requirements of the city. The existing vehicle will be taken to auction. These types of vehicles typically must be pre-ordered and then built before delivery. This process can take from one to two years in many cases. Fortunately, the replacement vehicle is already built and available for immediate delivery. Delaying this purchase might also result in higher costs due to the new model year timing. RECOMMENDATIONS: Staff recommends the purchase of the chipper truck, based on the specifications and quote from Altec Industries, Inc. RECOMMENDED MOTION: “I move to approve the purchase of a truck with a chipper dump body from Altec Industries, Inc. in a total amount not to exceed $107,700.” or, “I move to deny the approval of the purchase of a truck with a chipper dump body from Altec Industries, Inc. in a total amount not to exceed $107,700 for the following reason(s): ______________________________” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Altec Industries Quote #1517119 by Sourcewell Contract #110421-ALT CITY OF WHEAT RIDGE Specifications for one (1) Parks, Forestry & Open Space (Forestry Division) 4x4 1-1/2 ton Pickup with Chip Bed (Replacement for Unit 365) January 8, 2024 BASED ON 2023 SOURCEWELL COOPERATIVE PRICE AGREEMENT CONTRACT# 110421-ALT Standard Specifications Model # AF1160 Ford F-550 Regular Cab, 4x4 Auto DRW w/ 132”L x 96”W x 60” H Chip Dump Body $ 132,905.00 Trim Level: XL Exterior Color: Oxford White Interior: Medium Gray Earth Vinyl Bench Seat Fuel Type: Diesel Less: Altec Model Year Price Change $ -30,421.00 Subtotal: $ 102,493.00 Additional Cost: Delivery to Customer $ 5,082.00 Total Price of Vehicle Chassis & Body: $ 107,700.00 ATTACHMENT 1 ITEM NO: 1b DATE: January 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY FOR THE 2024 PROPERTY/CASUALTY PREMIUM IN THE AMOUNT OF $529,539.55 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Deputy City Manager City Manager ISSUE: The Colorado Intergovernmental Risk Sharing Agency (CIRSA) provides property/casualty coverage for the City of Wheat Ridge. The total premium payment due for 2024 in quarterly payments is $529,539.55. PRIOR ACTION: None FINANCIAL IMPACT: 2024 premium contributions for all public entities increased significantly from 2023. The City of Wheat Ridge’s 2024 premium increase for the property/casualty pool is $157,177 or 43% higher than 2023. Wheat Ridge faired quite well in the renewal process, as the blended average increase of CIRSA’s members with police departments for 2024 is 47%. Unfortunately, this increase is $129,744 higher than budgeted. The City will pay CIRSA quarterly and will work on the best way to fund the additional premium amount in 2024, returning to Council for a supplemental appropriation if necessary. For 2024, the City received a total of $4,310 in credits toward the property/casualty premium for proactive work of the employee Safety Committee in accident prevention and overall loss control efforts. Council Action Form – CIRSA Annual Premium Payment January 8, 2024 Page 2 BACKGROUND: 2023 was a challenging year for several public agencies which experienced large losses due to hailstorms, wind and fire events and law enforcement liability claims. Law enforcement liability insurance alone increased by approximately 50% due to unprecedented judgements and settlements from around the country and a less favorable legislative climate in Colorado. 2023 was a catastrophic year for weather events; particularly wind, hail and wildfire. CIRSA pays the first $5 million of any hail claim and in 2023, paid out on 33 hail related claims; an unprecedented amount for CIRSA which involved dipping into reserves considerably. Staff will consider alternatives and options to reduce insurance premium payments in time for the 2025 renewal. This could involve seeking coverage elsewhere, increasing deductibles and/or selecting different optional coverages. RECOMMENDATIONS: Staff recommends payment of the CIRSA annual property/casualty premium. RECOMMENDED MOTION: “I move to approve payment to CIRSA for the 2024 property/casualty premium in the amount of $529,539.55.” Or, “I move to deny the payment to CIRSA for the 2024 property/casualty premium for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Kelly McLaughlin, Risk Management Coordinator Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. CIRSA Property/Casualty Pool 2024 Contribution Quotation ATTACHMENT 1 ITEM NO: 1c DATE: January 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE MONTHLY PAYMENTS TO COLORADO EMPLOYER BENEFIT TRUST FOR 2024 MEDICAL, DENTAL, EMPLOYEE ASSISTANCE PROGRAM AND LIFE INSURANCE MEMBERSHIP BILLING IN AN AMOUNT NOT TO EXCEED $2,485,412 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: The City offers employees a number of benefits in order to attract and retain a high quality workforce. In 2023, the City joined the Colorado Employer Benefit Trust (CEBT) to provide a greater choice of medical plans along with dental, vision, employee assistance program (EAP) and life insurance coverage. January through December billing is estimated and budgeted in the amount of $2,485,412. Staff requests approval of the estimated 2024 total expenditure so that monthly payments can be made in a timely manner. PRIOR ACTION: None FINANCIAL IMPACT: By joining CEBT, billing for medical, dental, employee assistance program and life insurance billing is consolidated to one monthly payment. In 2024, insurance premiums for the City and employees increased by about 6.75%. Monthly payments are estimated at approximately $200,000 and exceed the $75,000 staff approval threshold, therefore Council approval is required and as payments have strict deadlines, annual approval is recommended as in prior years. Council Action Form – CEBT 2024 Payments January 8, 2024 Page 2 BACKGROUND: In 2023, the City joined CEBT for the provision of medical, dental, vision, life insurance and EAP services. CEBT is a self-funded, governmental multiple employer trust that provides employee benefits for over 400 public entities with over 35,000 employees and dependents in Colorado. Prior to joining CEBT, the City offered two medical plans with Kaiser Permanente. By joining CEBT, the City offers two plans with United Healthcare and two plans with Kaiser Permanente. RECOMMENDATIONS: Staff recommends approval of monthly payments to CEBT in 2024. RECOMMENDED MOTION: “I move to approve monthly payments to CEBT for 2024 medical, dental, employee assistance program and life insurance membership billing in an amount not to exceed $2,485,412.” Or, “I move to deny monthly payments to CEBT for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Allison Lewis, Human Resources Technician Allison Scheck, Deputy City Manager Patrick Goff, City Manager ITEM NO: 1d DATE: January 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 01-2024 – A RESOLUTION APPROVING AN AMENDMENT TO THE RIGHT-OF-WAY MAINTENANCE SERVICES CONTRACT WITH TERRACARE ASSOCIATES, LLC PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________ _____________________________ Director of Parks & Recreation City Manager ISSUE: Terracare Associates LLC was awarded a contract for right-of-way (ROW) maintenance in 2023 through a formal solicitation process. The existing contract terms expired at the conclusion of December 2023. Terracare is requesting a 2% increase on the agreed upon 2023 rates for their first renewal period. PRIOR ACTION: Council approved a resolution awarding the ROW maintenance contract to Terracare Associates LLC on April 10, 2023 in the amount of $162,295. This contract expired on December 31, 2023. FINANCIAL IMPACT: The not to exceed amount will increase from $162,295 to $165,541.22. The 2% increase totals $3,247.22. Funds will be transferred from another budget line in the general fund (602 - park maintenance) to cover this unbudgeted amount. BACKGROUND: The City sidewalk and ROW maintenance program has been in effect since 2005. This is a multi-year program contract, typically awarded for one year with the option to renew for four Council Action Form – Amendment to Terracare Contract January 8, 2024 Page 2 additional one-year periods. The City completed the formal solicitation process in 2023 because the following four (4) ROW areas were added after the contract was signed in 2021: • 44th Avenue medians from Tabor Street to Ward Road • Robb Street and 52nd Avenue pond • I-70 South Frontage Road, Kipling Street to Carr Street • I-70 and Kipling landscapes Paying for these services out-of-contract, on a time and materials basis, was far more expensive than what would be included in a typical ROW contract. The total service area for this contract is around 34 acres. The scope of work includes year-round services, as and where needed, including 5 cycles of chemical weed control, 7 cycles for mowing and trimming services, and 12 cycles each for trash and debris removal and for sidewalk and median cleaning. The amendment does not include any changes to the scope of work or the contract term. Terracare originally proposed a higher increase (3%), but the Procurement Manager was able to negotiate the agreement to a reduced 2% increase. RECOMMENDATIONS: Staff recommends approval of the contract amendment by resolution with Terracare Associates LLC. RECOMMENDED MOTION: “I move to approve Resolution No. 01-2024 – a resolution approving an amendment to the right- of-way maintenance services contract with Terracare Associates, LLC.” Or, “I move to postpone indefinitely Resolution No. 01-2024 – a resolution approving an amendment to the right-of-way maintenance services contract with Terracare Associates, LLC for the following reason(s) ___________________________________________________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Director of Parks & Recreation Whitney Mugford-Smith, Procurement Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 01-2024 2. Amendment to Contract #23-0103 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 01 Series of 2024 TITLE: RESOLUTION NO. 01-2024 – A RESOLUTION APPROVING AN AMENDMENT TO THE RIGHT OF WAY MAINTENANCE SERVICES CONTRACT WITH TERRACARE ASSOCIATES, LLC WHEREAS, on April 10, 2023, the Wheat Ridge City Council approved a contract with Terracare Associates LLC for right-of-way maintenance services; and WHEREAS, the contract is valid through December of 2023, with the opportunity to renew up to four (4) additional one-year terms; and WHEREAS, the contract states that pricing shall not increase more than 3% annually; and WHEREAS, Terracare Associates, LLC has requested a 2% increase for the first renewal, covering services in 2024; and WHEREAS, the amendment reflects a 2% increase, with no additional changes to scope or contract terms; and WHEREAS, the 2% increase changes the not to exceed amount from $162,295 to $165,541.22. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The agreement between the City of Wheat Ridge and Terracare Associates, LLC attached hereto as Exhibit A, is hereby approved. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 8th day of January 2024. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 CITY OF WHEAT RIDGE AMENDMENT TO Contract # 23-0103 Right of Way Maintenance Services ACQUISITION AGREEMENT AMENDMENT #1, Date: December 1, 2023 Pursuant to the original contract with Terracare Associates, LLC, 7272 S. Eagle St., Centennial, CO 80112, regarding right of way maintenance services for the Parks, Forestry, and Open Space Division, the City hereby authorizes the amendment to the contract as follows: 1.Article 1- Scope of Work: a. There are no changes to the original scope of work. The purpose of this amendment is to capturecost increases for the first renewal period of the agreement. 2.Article 2- Term a.There are no changes to the contract term. Terracare has successfully completed the first contractyear and the City wishes to extend the agreement into the first of 4 renewal periods available per thecontract. 3.Article 3- Compensation: a.Terracare Associates is requesting a 2% on the agreed upon 2023 rates for the first renewal period;billing will be in accordance with the table shown belowb. The not to exceed amount based on a 2% annual increase is: $165,541.22. ITEM ESTIMATED QUANTITY UNIT DESCRIPTION 2024 PER FREQUENCY PRICE FREQUENCY 2024 TOTAL 1 618,787 SQ FT CHEMICAL WEED CONTROL $ 6,298.63 7 $ 44,090.43 2 1,213,929 SQ FT MOWING AND TRIMMING $ 6,037.87 7 $ 42,265.09 3 1,832,716 SQ FT TRASH AND DEBRIS REMOVAL $ 4,464.98 12 $ 53,579.74 4 618,787 SQ FT SIDEWALK/MEDIAN CLEANING $ 2,133.83 12 $ 25,605.96 TOTAL $ 165,541.22 Each party has reviewed the items contained within this amendment and recommend executing this amendment to proceed with the agreed upon Statement of Work. _____________________________________ ___________ Whitney Mugford-Smith, Procurement Manager Date _____________________________________ ___________ Benny Paiz, Parks, Forestry, & Open Space Manager Date EXHIBIT A ATTACHMENT 2 _____________________________________ ___________ Karen O’Donnell, Director of Parks & Recreation Date _____________________________________ ___________ Patrick Goff, City Manager Date In Witness whereof, the parties hereto have executed or caused to be executed by their duly authorized officials, this Amendment in two (2) copies, each of which shall be deemed an original on the date first written. “CITY” “CONTRACTOR” City of Wheat Ridge Terracare Associates 7500 West 29th Avenue 7272 S. Eagle St. Wheat Ridge, CO 80033 Centennial, CO 80112 By: By: ________________________________ ___________________________ Bud Starker, Mayor Authorized Signature ________________________________ ___________________________ Date Date ___________________________ Title ___________________________ Print or Type Name TERRACARE ASSOCIATES | 7272 S. Eagle St. | Centennial, CO 80112 | Office: 720 587 2570 November 28, 2023 City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Attention: Whitney Mugford-Smith, NIGP-CPP, CPPB Subject: Contract Extention-23-0103 ROW Maintenance Contract. Dear Whitney TERRACARE ASSOCIATES, LLC welcomes the opportunity to renew the ROW Maintenance Contract for the 2024 calendar year and continue our partnership with the city. The latest CPI (Consumer Price Index) publication for September 2023 has an increase of 4% for Denver- Aurora-Lakewood area and based on that we’re requesting an increase of 2% on the 2023 prices for the year 2024 that are reflected as follows: ITEM ESTIMATED QUANTITY UNIT DESCRIPTION 2024 PER FREQUENCY PRICE FREQUENCY 2024 TOTAL 1 618,787 SQ FT CHEMICAL WEED CONTROL $ 6,298.63 7 $ 44,090.43 2 1,213,929 SQ FT MOWING AND TRIMMING $ 6,037.87 7 $ 42,265.09 3 1,832,716 SQ FT TRASH AND DEBRIS REMOVAL $ 4,464.98 12 $ 53,579.74 4 618,787 SQ FT SIDEWALK/MEDIAN CLEANING $ 2,133.83 12 $ 25,605.96 TOTAL $ 165,541.22 Please let me know if you have any questions or require additional information. Respectfully, Antonio DeLuna-Martinez Sr Project Manager Cell: 303-210-6685 | Antonio.DeLuna@myterracare.net Terracare Associates, LLC. RFP-23-Right of Way Maintenance Services Contract #23-0103 THIS AGREEMENT made this day of April XX, 2023 by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and Terracare Associates, LLC, 7272 S. Eagle St., Centennial, CO 80112 hereinafter referred to as the “Contractor.” WITNESSETH, that the City of Wheat Ridge and the Contractor agree as follows: ARTICLE 1 – SERVICES The Contractor will serve as the City’s contractor and provide at a minimum all the professional services regarding right of way maintenance services for the Parks, Forestry, and Open Space division of the Parks and Recreation Department required as per the agreed upon scope of work, more fully described in the contractor’s response (Exhibit A) and the original request (Exhibit B) incorporated herein by reference. ARTICLE 2 – TERM The work to be performed under this agreement may commence promptly after receipt of a fully-executed copy of the agreement, to the extent that the Contractor has been authorized to proceed by the City. This agreement will remain in effect through the end of 2023. The City may renew the agreement for up four (4) additional one-year periods. The agreement will be automatically renewed only if: • The work has not been completed per the agreed upon Statement of Work • The City fails to contact your firm prior to the end of the current term regarding the desire to renew. • Pricing remains the same or does not exceed a 3% annual increase • The scope of work or specifications are not changed or modified. If at the end of each year the City desires to rebid, or the Contractor’s performance is not acceptable, the City and Contractor may elect to continue the agreement on a month-to-month basis until the rebid process is complete. ARTICLE 3 – PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City will pay the Contractor for services provided, and the Contractor will accept a not-to-exceed amount of one hundred sixty-two thousand, two hundred ninety-five dollars and thirty-one cents, ($162,295.31) as full payment for such services. Pricing will remain firm for each renewal period, unless Contractor provides written justification showing increases on their end. Annual increase not to exceed 3% annually. The City operates on a calendar year as its fiscal year; as such, all invoices must be received no later than December 20, in order to be processed in the same calendar year. A. Invoices by Task Invoices will be submitted monthly by the Contractor for services performed and expenses incurred, pursuant to this agreement during the prior month. Payment is then made to the Contractor within thirty (30) DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 days of receipt via Electronic Funds Transfer (EFT). The City may elect the alternative method of payment by the Treasurer’s Office through proper accounting procedures. B. Funding There is in effect within the City of Wheat Ridge, Colorado, a provision of the City’s Code of Laws which limits the amount for which the City will be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The contractor is specifically advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to the provisions of said Ordinance and adopted Code Section. ARTICLE 4-SALES AND USE TAXES Don’t include sales or use tax in invoices, as the City of Wheat Ridge is exempt from City, County, State, and Federal sales and excise taxes. Certificates will be issued upon request. City of Wheat Ridge Sales Tax Exempt: 98-03515 ARTICLE 5 – INDEPENDENT CONTRACTOR In performing the work under this agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker’s compensation insurance, personal injury and property damage insurance, as well errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay Federal and State income tax on monies earned. The personnel employed by the Contractor are not and will not become employees, agents, or servants of the City because of the performance of any work by this agreement. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person—other than bona fide employees working solely for the Contractor—any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty the City will have the right to annul this agreement without liability or in its discretion to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 6 – INSURANCE In accordance with Article 4 above, the Contractor will furnish a certificate of insurance upon notification of award, and prior to performance. Work will not commence under this agreement until the Contractor has submitted to the City and received approval thereof, a certificate of insurance showing compliance with the following minimum types and coverages of insurance: Type of Insurance Minimum Limits of Liability Worker’s Compensation, Coverage A Statutory, including occupational disease coverage for all employees at work site. Employer Liability, Coverage B $500,000 per person $500,000 per accident $500,000 each disease Commercial General Liability (including Premises-Operations, Independent Contractor’s Protective, Broad Form Property Damage, and Contractual Liability) • Bodily Injury • Property Damage $1 million per occurrence $2 million aggregate $1 million per occurrence $2 million aggregate DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 An endorsement covering any explosion, collapse, and underground exposures, “XCU,” in the Commercial General Liability policy is also required. Comprehensive Automotive Liability (owned, hired, and non-owned vehicles) • Bodily Injury • Property Damage $2 million per occurrence $2 million per occurrence The City of Wheat Ridge will be named as additional insured on all liability policies. Insurance must include provisions preventing cancellation without 30 days prior notice by certified mail to the City. Nothing herein will be deemed or construed as a waiver of any of the protections to, which the agencies may be entitled pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, CRS, as amended. ARTICLE 7 – INDEMNIFICATION The Contractor agrees to indemnify, defend, and to hold the City and its agents, officials, officers and employees harmless for, from and against any and all claims, suits, expenses, damages, or other liabilities—including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons to the extent caused by the negligent performance or failure of the Contractor to provide services pursuant to the terms of this agreement. ARTICLE 8 – EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Contractor must adhere to acceptable affirmative action guidelines in selecting employees and will ensure that employees are treated equally during employment, without regard to age, race, color, religion, sex, or national origin. Such action includes —but is 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. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this agreement so that such provisions will be binding upon each subcontractor—provided that the foregoing provisions will not apply to contracts or subcontracts for standard commercial supplies or raw materials. ARTICLE 9 – CHARTER, LAWS, AND ORDINANCES The Contractor at all times during the performance of this agreement, agrees to strictly adhere to all applicable Federal, State, and local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this agreement. ARTICLE 10 – LAW AND VENUE The laws of the State of Colorado will govern as to the interpretation, validity, and effect of this agreement. The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado. ARTICLE 11 – TERMINATION The Contractor acknowledges that his failure to accomplish the work as described will be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions— including, but not limited to re-procurement costs, insufficient or improper work. DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 The City and the Contractor agree that this agreement may be canceled for cause by either party, with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time of such termination will be deducted from the contract price before payment is made. The City may terminate the agreement for its convenience, upon thirty (30) days written notice. In the event of such termination the Contractor will be paid for all work and expenses incurred up until the time of such termination. All work accomplished by the Contractor prior to the date of such termination will be recorded, and tangible work documents will be transferred to and become the sole property of the City, prior to payment for services rendered. ARTICLE 12 – NOTICES Contact Information City Contractor Name: Mark Ruote Justin Stewart Office Phone: 303-205-7553 720-587-2570 Email Address: mruote@ci.wheatridge.co.us Justin.stewart@myterracare.net Address: 7490 W 45th Ave. 7272 S. Eagle St. City, State, Zip Code Wheat Ridge, CO 80033 Centennial, CO 80112 ARTICLE 13 – ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors permitted by the City will be subject to the requirements of this agreement, and the contractor is responsible for all subcontracting arrangements, as well as the delivery of services as set forth in this agreement. The contractor is responsible for the performance of any subcontractor. 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. Should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure will not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof will 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 understanding between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto will have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto will have any force or effect unless embodied in writing and signed by an authorized representative of the City and the contractor. ARTICLE 18 - DISADVANTAGED BUSINESS ENTERPRISES Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. Consultants will insert this provision in all sub-contracts for any work covered by this Agreement, so that it will be binding upon each sub- consultant or sub-contractor providing labor or services. ARTICLE 19 – OWNERSHIP OF CONTRACT PRODUCTS All products produced from the awarded contract will be the sole property of the City. DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 ARTICLE 20 - COOPERATIVE PROCUREMENT The City of What Ridge encourages and participates in cooperative procurement endeavors undertaken by or on behalf of other governmental agencies including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC). We hereby request that and member of MAPO/CPEC by permitted to avail itself of this contract and purchase as specified by the contract resulting from this solicitation request, at the contract prices established therein. Each governmental entity would establish its own contract, issue its own orders, be invoiced directly, make its own payments and issue its own exemption certificates as required. It is understood and agreed that the City of Wheat Ridge is not a legally binding party to any contractual agreement made between another governmental entity and the successful vendor as a result of this solicitation. The City will not be liable for any costs or damages incurred by any other entity. ARTICLE 21 – INTERNAL TEAM REVIEW 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 ______________________________________ __________ Mark Ruote, Project Coordinator Date Signed ______________________________________ __________ Karen O’Donnell, Director of Parks & Recreation Date Signed ______________________________________ __________ Patrick Goff, City Manager Date Signed DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 4/11/2023 4/11/2023 4/11/2023 4/11/2023 ARTICLE 22 – AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this agreement, to grant the rights granted herein, and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement in two (2) copies, each of which shall be deemed an original on the day and year first written above. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE STEVE KIRKPATRICK, CITY CLERK WHEAT RIDGE, CO 80033 303-234-5900 DATE BUD STARKER, MAYOR (Seal) CONTRACTOR APPROVED AS TO FORM: Terracare Associates, LLC 7272 S. Eagle St. Centennial, CO 80112 GERALD DAHL, CITY ATTORNEY AUTHORIZED SIGNATURE ATTEST TO CONTRACTOR: PRINTED NAME NAME TITLE TITLE DATE DATE DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 Justin Stewart VP 4/13/2023 Sir Project Manager 4/14/2023 5/8/2023 Prepared for: Whitney Mugford- Smith - Procurement Manager Proposal Issued: February 23, 2023 Proposal Valid to: April 23, 2023 RFP-23-ROW Maintenance Services City of Wheat Ridge A Monarch Landscape Company Exhibit ADocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 Table of Contents 01 02 Cover Letter Proposer Information and Addendum Acknowledgment Certification Statement for Workers Without Authorization Non-Discrimination Assurance Form Non-Collusion Affidavit Vendor Qualifications Form Firm Capabilities and References Scope of Submission Effective Project Approach, Timeline, and Safety Implementation, Installation, or Plan Effectiveness Pricing A Monarch Landscape Company 03 04 05 06 09 16 18 26 34 DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 __________________ Antonio DeLuna-Martinez Sr. Project Manager 7272 South Eagle Street Centennial, CO. 80112 Cell: 303-210-6685 Antonio.DeLuna@myterracare.net Cover Letter February 23, 2023 Attn: Whitney Mugford-Smith - Procurement Manager 7500 W. 29th Ave. Wheat Ridge, CO 80033 Dear Evaluation/Selection Committee, On behalf of Terracare Associates, LLC (TCA), we thank you, RFP-23-ROW Maintenance Services. TCA is the premier municipal landscape and public works service provider in the Western United States. Headquartered in Centennial, Colorado, we relish the opportunity to bring our expertise to another front range community. The intent of this proposal is to address your needs as we understand them and demonstrate our ongoing commitment to the City of Wheat Ridge and its patrons. At the same time, we have sought to ensure that we are providing the best overall value for services to the City of Wheat Ridge. With this in mind, our Landscape and Public Works division is poised to bring a the same high level of service and attention to the unique needs of the City of Wheat Ridge that we bring to more than twenty five (25) other clients in the Western United States. TCA will provide the City of Wheat Ridge a partner who will exceed your established standards of performance, communicate effectively and address problem resolution efficiently. We believe these actions are integral to the successful outcome of the agreement. Terracare Associates certifies that we have thoroughly examined and are familiar with the contract documents. Thank you once again for this opportunity, and we look forward to developing a partnership with the the City of Wheat Ridge. Thank you again for this opportunity to participate in this process. We are willing to provide the City of Wheat Ridge whatever additional information is necessary to more clearly explain the items contained herein. We look forward to hearing from you soon. 1 A Monarch Landscape Company DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 Proposer Information and Addendum Acknowledgment RFP-23-ROW Maintenance PROPOSER INFORMATION AND ADDENDUM ACKNOWLEDGMENT DUNS Federal ID number STATE ZIPCODE CELL REQUIRED—MUST BE IN INK or Digital FEIN / SSN (Required) COMPANY NAME ADDRESS CITY PHONE AUTHORIZED SIGNATURE PRINTED NAME TITLE EMAIL PROPOSER IS RESPONSIBLE FOR FOLLOWING UP ON ALL ADDENDA ACKNOWLEDGE ADDENDA: Proposer is responsible for confirming receipt of each addendum; please initial as applicable. #1 #2 #3 #4 DO NOT CONTACT THE REQUESTING DEPARTMENT OR MEMBERS OF THE EVALUATION COMMITTEE Signature acknowledges that proposer: 1)Has read the RFP documents thoroughly prior to submitting a proposal, 2)Will fulfill the obligations in accordance to the scope of work or specifications, terms, and conditions, 3)Is capable of performing quality work to achieve the City objectives, and 4)Is submitting without collusion with any other individual or firm. Bidder must complete and SUBMIT thisform with your bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. 26-4506454 Terracare Associates, LLC 7272 S. Eagle St. Centennial CO 80112 303-419-2311720-587-2570 Justin Stewart Regional Vice President Justin.Stewart@myterracare.net 831264770 2 A Monarch Landscape Company N/A DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 Certification Statement for Workers Without Authorization A Monarch Landscape Company 3 DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 Non-Discrimination Assurance Form 4 DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 5 A Monarch Landscape Company DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 The following information is considered the minimum required to evaluate the qualifications of vendors intending to provide services for the City of Wheat Ridge. Any additional information the vendor feels is pertinent, or which clarifies items below, is welcome and may be attached. The City will contact previous clients and references as a part of the evaluation process; thus, letters of reference may shorten the evaluation period, if they are attached to this form. 1.Name of firm: Zip: Phone: Address: State: Principal in Charge: Email: Type of business organization: Sole Proprietorship Corporation Limited Partnership Partnership State in which incorporated: Joint Venture Name, position, and address of contact person regarding the information on this form: Number of years your firm has done business under current name: Previous firm names and / or partnerships (or firms you have had any interest in), and number of years of each name: 2.Attach a list of all major accounts for the past two (2) years. For each account indicate the following: •Original contract bid amount •Owner (address, telephone number, and contact name) CITY OF WHEAT RIDGE, CO VENDOR QUALIFICATION FORM RFP-23-ROW Maintenance Terracare Associates, LLC 7272 S. Eagle St. CO Vendor Qualifications Form 720-587-257080112 Justin Stewart Justin.stewart@monarchlandscape.com X CO Justin Stewart, Regional Vice President, 7272 S. Eagle St. 15 ACC Landscape Maintenance - 20 years 6 A Monarch Landscape Company DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 Vendor Qualifications Form •Account services provided •Litigation or claims related to each project—state nature of claim(s), the parties, the dollar value, the status and outcome—including the value of any judgment(s) or settlement(s) •Name, address, and phone number(s) of reference(s) 3.List major equipment, facilities, number and type of employees available for City contract work. Specify type of work normally done by your forces, and type of work you normally subcontract. 4.Have you ever terminated or abandoned any work prior to completion, or had work completed by No Yes others? If yes, describe the situation: 5.Has your firm—or any firm you have had any interest in—ever been debarred or prohibited from Yes contract work with any government or private institution? No If yes, describe the situation: City Staff will evaluate all qualification forms. The evaluation will include the following: •Verification of statements and information provided •Ability to perform work of similar nature •Financial stability and capability •Any pattern of controversy, poor management, delayed claims, late completion, inferior service or equipment, or other undesirable characteristics This qualification process is not intended to restrict competition. The intent is to protect the City’s legitimate interests by ensuring that vendors are competent, capable of quality work, and financially able to complete the work awarded. Bidder must complete and SUBMIT this form with bid/ proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. See equipment page 25. Facilities located at 7272 S. Eagle St. Centennial, CO, 80111, 15603 E Fremont Dr, Centennial, CO 80112, 3701 Northwest Pkwy, Broomfield, CO 80023, 15155 Washington St. Thornton, CO 80023. This division of TCA works exclusively on ROW contracts. X X N/A N/A 7 A Monarch Landscape Company DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 Vendor Qualifications Form Northwest Parkway: •Original Amount: Roadside Maintenance - $661,890 / yr Snow - $219,000 / yr •Contact: Brenda Shuler, (303) 533-1213, 370 Northwest Parkway, Broomfield, CO 80023 •Services Provided: ROW Maintenance, Chemical Weed Control, Snow Removal •Ligation Status: None E-470 Public Highway Authority: •Original Amount: Roadside Maintenance: $656,000 / yr, Snow 2,300,000 / yr •Contact: Derek Slack, 303-537-3710, 22470 E. Stephen D. Hogan Parkway, Suite 100, Aurora, CO 80018 •Services Provided: ROW Maintenance, Chemical Weed Control, Snow Removal •Ligation Status: None City of Wheat Ridge: •Original Amount: $53,920 / yr •Contact: Thomas Ellison, tellison@ci.wheatridge.co.us, 7500 W. 29th Ave., Wheat Ridge, CO 80033 •Services Provided: ROW Maintenance, Chemical Weed Control •Ligation Status: None Jefferson County: •Original Amount: $62,371/ yr •Contact: Domingo Lora, 303-271-521, 100 Jefferson County Parkway, Golden, CO 80419 •Services Provided: ROW Maintenance, Chemical Weed Control •Ligation Status: None City of Centennial: •Original Amount: $3,736,000 / yr •Contact: Craig Faessler, 720-570-6154, 13133 E. Arapahoe Rd. Centennial, CO 80112 •Services Provided: ROW Maintenance, Chemical Weed Control, Snow Removal and Public Infrastructure •Ligation Status: None City of Lone Tree: •Original Amount: Roadside Maintenance: $511,920, Snow: $168,112.00 •Contact: Steven Fletcher, 303-386-2198, 9220 Kimmer Dr., Suite 100, Lone Tree, Colorado 80124 •Services Provided: ROW Maintenance, Chemical Weed Control, Snow Removal and Public Infrastructure •Ligation Status: None City of Lakewood: •Original Amount: $66,593 •Contact: Rick Kobs, 720-963-5258, 480 S. Allison Parkway, Lakewood, CO 80226 •Services Provided: ROW Maintenance, Chemical Weed Control •Ligation Status: None 8 A Monarch Landscape Company DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 9 Firm Capabilities and References for Similar Work Completed by Proposed Team A.Company Information Terracare Associates, LLC, established in 1985 and located in 7272 S. Eagle St., Centennial, CO 80112, is a recognized leader in outdoor maintenance that proudly serves the Western United States. Our certified and experienced staff improves landscapes, parks, roadways and infrastructure for beautiful, safe and sustainable outdoor environments. Terracare Associates, LLC is a part of a larger organization, Monarch Landscape. Monarch is a collection of top local and regional landscape companies, which includes over 30 branches, over 2000 employees, and has grown to become a $275 million / year company. Terracare has a Dedicated Municipal Division of almost 300 employees, who work solely on special district and municipal projects. We operate with a high degree of professionalism, which allows us to continually deliver the timely completion of critical landscape and infrastructure projects and meet the highest standards of our special district and municipal clients. We have been serving public works needs for more than 20 years. Our clients have ranged from cities like Lone Tree, Centennial and Lakewood, to highways like E-470, I-25 HOT Lanes and Northwest Parkway. All of these governmental entities have trusted TCA with their public works operations including streetscapes and Right-Of-Way Maintenance. We provide services to more than 145,000 citizens and up to 1,600 miles of roadways annually, allowing those citizens to move around as safely as possible. TCA offers multiple service lines, with more than two thousand employees serving hundreds of diverse clients. We are committed to staying customer-focused. We are licensed, bonded and fully insured to give you peace of mind. Each day, TCA team members strive to exceed industry standards with the right equipment and professional staff. With proven customer confidence in our work, we build lasting relationships within the communities we serve. The number of staff to be employed with this scope of services will vary with seasonality between a two man crew to a three man crew with a spray technician. A Monarch Landscape Company DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 10 Firm Capabilities and References B. References City of Lakewood, Colorado Rick Kobs 720-963-5258 rickob@lakewood.org Contract Amount: $72,637 / yr In one of the largest public-private partnerships of its kind, Terracare Associates has operated as the public works department for the City of Centennial in Colorado since 2008. This includes providing the public infrastructure, landscape maintenance and snow removal to the City's 110,000 residents. Jefferson County Domingo Lora 303-271-5219 dlora@co.jefferson.co.us Contract Amount: $160,316 / yr Terracare Associates’ partnership with the Jefferson County began in 2017. TCA provides mowing and trimming grass and native turf in or directly adjacent to public Rights-Of-Way (ROW). This includes set up/tear down traffic control devices, blowing and cleaning mow/trim clippings from curb lines, pick up and disposal trash/litter, protecting irrigation systems and auxiliary equipment, conducting pre-mow inspections, and mechanical mowing and trimming. Mile High Flood District Joe Williams 303-455-6277 jwilliams@mhfd.org Contract Amount: $151,523 / yr MHFD was established by the Colorado legislature in 1969 to assist local governments in the Denver metropolitan area with multi-jurisdictional drainage and flood control challenges. MHFD covers an area of 1,608 square miles that includes Denver, parts of the six surrounding counties, and 35 incorporated cities and towns. MHFD focuses its resources on over 1,600 miles of major streams and serves a population of approximately 2.8 million. A Monarch Landscape Company DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 11 Firm Capabilities and References C. Supplemental References A Monarch Landscape Company City of Centennial, Colorado Michael Nelson, Public Works Services Project Manager Address: 7272 S Eagle St,Centennial, CO 80112 Phone: 303.325.8011 Email: Michael.nelson@jacobs.comMi Contract Date: 2008 - Ongoing Contract Amount: $5,800,000 / yr Contract Type: Firm Fixed Price In one of the largest public-private partnerships of its kind, Terracare Associates has operated as the public works department for the City of Centennial in Colorado since 2008. This includes providing the public infrastructure, landscape maintenance and snow removal to the City's 110,000 residents. City of Longmont, Colorado Ben Gratton Address: 350 Kimbark St., Longmont, CO 80501 Phone: 303-651-8745 Email: ben.gratton@longmontco.gov Contract Date: 2013 - Ongoing Contract Amount: $230,000 / yr Contract Type: Firm Fixed Price Terracare's relationship with the City of Longmont dates back to 2013. During that time we have taken care of 21 sites throughout the City of Longmont which includes a total over 170 acres. Arapahoe County Parks and Recreation District Delos Scarle Address: 16799 E Lake Ave, Centennial, CO 80016 Phone: 303-269-8400 Email: DelosSea@APRD.org Contract Date: 2017 - Ongoing Contract Amount: $390,000 / yr Contract Type: Firm Fixed Price Arapahoe County Parks and Recreation District includes 14 parks with approximately 14 miles of trails and over 300 acres of natural areas. In addition to that it also consists of a recreation center and a skate park. The county is also actively developing additional park locations, trails and refurbishing other parks. DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 F. Business Classifications Terracare does not qualify as an MBE, WBE, DVBE. Firm Capabilities and References D.. Experience overseeing and coordinating multiple concurrent projects We have been serving public works needs for more than 20 years. Our clients have ranged from cities like Lone Tree, Centennial and Lakewood, to highways like E-470, I-25 HOT Lanes and Northwest Parkway. All of these governmental entities have trusted TCA with their public works operations including streetscapes and Right-Of-Way Maintenance. We provide services to more than 145,000 citizens and up to 1,600 miles of roadways annually, allowing those citizens to move around as safely as possible. TCA offers multiple service lines, with more than two thousand employees serving hundreds of diverse clients. We are committed to staying customer-focused. We are licensed, bonded and fully insured to give you peace of mind. Each day, TCA team members strive to exceed industry standards with the right equipment and professional staff. With proven customer confidence in our work, we build lasting relationships within the communities we serve. E.Familiarity with the project area For the past years, Terracare has been the City of Wheat Ridge selected provider for those services included in RFP-23-ROW Maintenance Services. In addition, Terracare provides ROW and Landscape Maintenance to 100s of clients in the Denver Metropolitan and Front Range Areas. G. Insurance Requirements Terracare agrees to provide and maintain insurance per the RFP requirements, if awarded. H. Past Relationships Terracare does not have any relationships that could be construed or perceived as personal or organizational conflicts of interest. I. Financial Stability Terracare Associates, LLC is a part of a larger organization, Monarch Landscape. Monarch is a collection of top local and regional landscape companies, which includes over 30 branches, over 2000 employees, and has grown to become a $275 million / year company. We have not filed for bankruptcy or reorganization under bankruptcy laws.12 A Monarch Landscape Company DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 13 Firm Capabilities and References I. Financial Stability DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 14 Firm Capabilities and References I.Financial Stability DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 15 Firm Capabilities and References J.Sustainable Stability As an organization, our passion is to be stewards of our local environment while protecting the health, safety and welfare of our communities, clients and staff. This dedication has allowed TCA to lead the outdoor industry in developing sustainable environments for more than 30 years, with a responsibility to ensure our future generations have a landscape they can enjoy. Here are some examples of how we can help you be more sustainable: Providing You With Safer More Efficient Plant Health Care - Our team of professionals will bring out the best in your landscape using a strict Integrated Pest Management (IPM) schedule that focuses on properly feeding your landscape while monitoring the plant material and using pesticides only as a last resort to control an insect, fungus or weed problem. Our unique approach reduces the need to apply weed control projects and fertilizer only as needed to maintain the highest standard of plant health. Staying on top of emerging trends and embracing new technologies enables TCA to offer solutions that are innovative and unique. We utilize industry leading ideas and technology to help us provide you with a different way of managing your landscape. Some examples of new ways to look at your landscape include converting turfgrass or shrub bed areas to usable, interactive edible and native landscapes as well as creating new sources of water for your thriving landscape through water harvesting or upgrading sprinkler heads with newer water saving technologies. Identify the maximum number of days from receipt of a call to perform that equipment will be in place and weed control services commence. The maximum number of days would be 14 days. DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 16 Meet Your Management Team We’ve assembled a team of seasoned landscape and public work professionals to care for you and your landscape. We believe their collective experience, client-first focus, and success in solving challenges similar to yours make them an excellent fit for the job. Here’s a quick introduction: A Monarch Landscape Company •Planning •Scheduling•Quality control•Serve as point-of-contact for high level site and project issues to expeditiously and proactively identify, address, and resolve clients needs. Phone: 303-210-6685 Email: Antonio.DeLuna@myterracare.net Antonio DeLuna | Sr. Project Manager Antonio has over 20 years’ experience in the landscape maintenance industry. For the past seventeen years, he has worked as a project manager in the Public Works division at Terracare Associates. He is not only knowledgeable about the services that his public works team offers, but is also willing to share his knowledge with clients, as well be a mentor to staff members. He uses his extensive experience within the right-of-way maintenance field to communicate both internally and externally on projects to ensure success. Projects Mr. DeLuna has worked on in the last two years include: Urban Drainage and Flood Control District, E-470 Corridor, City of Lone Tree, City of Centennial, City of Wheat Ridge, RTD Projects, Denver Water, Jefferson County Road & Bridge, East Cherry Creek Water District Projects, Town of Parker, Town of Foxfield. Primary Responsibilities: RELATED EXPERIENCE: •Urban Drainage and Flood Control District•E-470 Corridor •City of Lone Tree•City of Centennial•City of Wheat Ridge •Town of Foxfield •RTD Projects•Denver Water •Jefferson County Road & Bridge •East Cherry Creek Water DistrictProjects •Town of Parker Bill Winfield| Branch Manager Bill Winfield has a long record of successful outdoor construction and maintenance project dating back to 1999. He was the project manager lead on public private partnership contract and continues to execute the partnership with the City of Centennial and CH2MHill, the largest of its kind in the country. In addition to the 23 infrastructure contracts and projects, Winfield supervises multi-million dollar operations of the public works department for; City of Centennial and Lone Tree in Colorado. Primary Responsibilities: •Ensure RTD's KPIs are being met and exceeded.•Manage client interaction and expectations surrounding long term planning and high-level value-added services.•Coordinates with the Terracare team to send monthly/quarterly reports of landscapeactivities, proposals and other feedback. RELATED EXPERIENCE: •City of Centennial •City of Lone Tree•City of Lafayette, CA•Town of Foxfield •City of Superior•Northwest Parkway•E-470 Public Authority Scope of Submission DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 17 Your Account Team A Monarch Landscape Company Max Loya | Assistant Project Manager Mr. Loya has over 20 years’ experience in the landscape maintenance industry. For the past ten years, he has worked as an assistant project manager in the Public Works division at Terracare Associates. Knowledgeable and capable, he uses his experience with right-of-way maintenance to ensure high quality on all projects. These projects include: Urban Drainage and Flood Control District, E-470 Corridor, City of Lone Tree, City of Centennial, City of Wheat Ridge, RTD Projects, Denver Water, Jefferson County Road & Bridge, East Cherry Creek Water District Projects, Town of Parker, Town of Foxfield Primary Responsibilities: •Day to day on-site supervision•Serve as point-of-contact for RTD and project issues to expeditiously and proactively identify, address, and resolve client needs.•Conduct walkthroughs with client and other company representatives. List of Applicators Christopher Lynch - 20+ years licensed experience Donald Wessels - 20+ years licensed experience Clifford Wessels - 20+ years licensed experience Ryan Wessels - 5+ years licensed experience David Wessels - 5+ years licensed experience Joey Perez - 2+ years licensed experience Scope of Submission Terracare Associates has provided all the licensed services within this scope of work for over 35 years. DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 18 B.Schedule Management When you choose us as your landscape maintenance provider, not only do you receive the attention of our well- trained crews and professional technicians, you are assigned an Project Supervisor whose job is solely to care for your property. Our Project Supervisor is the eyes and ears of your property; he is trained to provide reliable and responsive communication making sure you’re absolutely happy. Whether you need customized month-end reporting or a weekly site walk-through, TCA is eager to provide you with a unique experience. TCA and the City will agree initially on a maintenance schedule, that will be adjusted and communicated on a daily / weekly basis. Terracare Associates equips our Foremen and Project Supervisors with smart phones to communicate with the City. Our Project Supervisor will also have a tablet computer to communicate with the city by email and/or text. We utilize many different site inspection reports to perform our quality control checks. We will perform site inspections monthly or, if, needed on a more routine basis. We will correct any items of concern before they become issues. Effective Project Approach, Timeline, and Safety A. Current Workload Terracare Associates currently employees in excess of 150 full time staff in Colorado. Our intent is to staff this project from this group of existing employees. TCA currently provides this scope to the City of Wheat Ridge utilizing a management and delivery staff with over 25 years of right of way (ROW) maintenance and weed and pest control experience. We have made servicing Wheat Ridge a priority amidst the extraordinary circumstances and will continue to make Wheat Ridge a priority. These circumstances have impacted both laborer and equipment availability. TCA is adding every tool available to ensure that we can service the city throughout the duration of this contract. Every employer in today's market in battling with these extra ordinary circumstances, however few have the ability such as TCA to reach back into other areas of our company to provide resources and partnerships to accomplish this task. We will continue to prioritize Wheat Ridge and balance our book of work to ensure we have both human and other resources available for this scope of services. TCA continues to take bold steps such as partnering with other enterprises, utilization of H2B program, and reducing our book of existing work in order to meet the city's needs. We have already established many of the same partnerships and applications for additional workers from these resources for the coming season. Within the landscape industry in Colorado it is customary that mowing operators / gardeners are seasonal employed, however TCA runs a robust winter snow and ice maintenance operation which allows us to offer year round employment for the majority of our staff. Less than 20 % of our proposed laborers will end up being purely seasonal employees hired for mowing operations . The one thing that we know for certain is that during the course of a season plans and schedules must be adjusted to meet the constant demands and changes of a municipal environment. It is the goal of TCA to partner with the city to meet those constant changes and continue to communicate in a way that best suits both the City and TCA. DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 19 Effective Project Approach, Timeline, and Safety C.Foreseeable Problems Weather is the main factor that will cause problems in any weed care program. D.How the objectives identified will be achieved Terracare is the current service provider of the services in this scope of work and has a comprehensive understanding of the scope as well as the specific nuances of each area serviced in the scope. The Right Experience- With some of the most experienced professionals in the field, TCA has the right experience to meet most landscape needs. Many of our career technicians have been certified by nationally recognized programs and have been industry leaders for many years. The Right Equipment – Terracare Associates knows the importance of using the right tool for the right job. With a background in maintaining some of the largest landscape projects in the United States, TCA has the inventory of the right equipment to get the job done right. TCA intends on subcontracting the chemical weed control portion of this contract. Due to the increased state and federal sensitivity regarding chemical weed control, we have strategically partnered with a company whose main focus is in this area. We feel that the city and community at large will be best served by partnering for this expertise while bringing TCA's experience and the overall management of right of way maintenance. E. Technical Requirements The standard chemicals that will be used in the course of this contract include: A successful kill rate will be achieved by first identifying which weeds are being targeted for elimination. Once we have out list of unwanted weeds, we will formulate a tank mixture of mix-compatible products in order to affect every weed on site. Not every product kills every weed, so tank mixes are needed. Now that we have our weeds identified and targeted, we will use the label to determine the mix-rate of each chemical. In order to achieve a high kill rate on the first spray, we will use the highest mix-rate available per each product for that time of the year. Now that we have out mix-rates, we will choose the correct application method for the area- boom, hose and nozzle, or back-pack spraying. During our application we will then make sure all boarders of the area being treated and traced with a back-pack sprayer, and then the larger open area will be treated by a larger piece of equipment of choice. In doing this, we not only ensure the weeds along the edges are sprayed well, but we also ensure no over spray from the larger piece of equipment. Herbicide Names The standard chemicals that will be used in the course of this contract include: • Roundup • Induce DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 20 Effective Project Approach, Timeline, and Safety Drift Control Methods Trace boarders and edges of area with small equipment such as a back-pack sprayer. Pay attention to the forecast, inversions, and wind speed and direction for that time and day. Procedures for Posting •Notifying people on the Sensitivity Registry •Placement of state approved pesticide flag w/ Company Name, Pesticide, and date applied to all entry points to the area, as well as dispersed though out the property to give warning for every direction before any work is done •Record keeping through filling out a chemical use sheet •Removal of flags upon pesticides drying •Turn in chemical sheet for files F. Customer Service Philosophy Terracare Associates will conduct routine daily, weekly and monthly quality checks on each of the parks associated with this contract. Those checks will be conducted by the project team, upper management and sales. The various landscape areas will be rotated by different team members so each area is viewed by a different set of eyes each month. Below is an explanation of our quality assurance program. Quality Assurance Program – Our Crew Supervisor, Foremen and upper management will conduct quality control audits. We will then generate any necessary work orders for repair and complete the necessary corrections. Service Complaints – Since TCA is the service provider for many large municipal contracts, we have put in place procedures to handle both work orders and client comments. As stated above, any comment or issue that comes into our office via email, text, phone or fax will be made into a work order and given a number for processing. The work order will then be reviewed by our Crew Supervisor, and he will distribute the work order to the appropriate field personnel to complete the repair. Service / Issue Management and Reporting Cycle Service / Issue Report ProjectSuprvsr. Work Order Creation Field Work Work Order Update Close the Loop DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 21 Effective Project Approach, Timeline, and Safety G.Quality Control Methodology Weekly Reporting In addition to their site visits, your Account Team will also conduct a Landscape Quality Audits each week. These audits evaluate the condition of our maintenance including weed pressure, plant healthcare and any other potential quality issues. Our plan is to walk the sites with your FM Team monthly, visit the sites & provide these audits weekly. We will track our performance month over month to ensure we are continuing to improve on our service delivery to you and will provide those metrics during our Quarterly Business Reviews. Terracare Associates will conduct routine daily, weekly and monthly quality checks on each of the sites associated with this contract. Those checks will be conducted by Antonio DeLuna - Sr. Project Manager, Max Loya - Assistant Project Manager, and input from field staff. Quality Assurance Program Our Crew Supervisor, Foremen and upper management will conduct quality control audits. We will then generate any necessary work orders for repair and complete the necessary corrections. DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 22 Effective Project Approach, Timeline, and Safety Courtyard Area Renovation Completed Items: •Demo/Grading of existing planters •Plant Installation •Mulch Installation Remaining Items: •1 Year Post Construction Maintenance (Ends 1/12/23) Entry Landscape Installation Completed Items: •Removal of 8 diseased sycamore trees •Installation of 8 coast live oaks •Installation of grasses Remaining Items: •Installation of ornamental shrubs & mulch •Post Construction Maintenance of 1 year Project Timeline Update Sample Examp l e Communication is key when it pertains to ongoing projects of any size. From planting annual color, to irrigation repairs to larger capital improvement renovations, Terracare will communicate our progress with you every step of the way. Each week our Landscape Quality Audits (LQA’s) will detail that week’s project progress, project update photos and schedules for the upcoming week to provide a weekly glimpse at how the project is progressing. In addition to our LQA’s, we will hold weekly status or pull-plan meetings with all project stakeholders to provide updates, discuss any RFI’s, provide insight into the project from our team’s perspectives and identify the need to escalate any issues we find in the field to you. DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 23 Effective Project Approach, Timeline, and Safety H. Cost Control Methodology Our team visited each of these sites to identify possible ways to maintain the grounds more efficiently than the current operation. Once we found ways to eliminate wasted motion and overproduction, we created these Motion Activity Plans or, MAPs as we like to call them. These MAPs serve as a playbook for our teams to follow each service visit and have our seasonal tasks mapped out for our crews in the form of monthly calendars. This helps us ensure we are always providing best in class quality, no seasonal tasks are missed and your grounds are always looking pristine. Our MAPs Technology is proven to save time and money on your property by guiding our crews through the site in the most smart and effective manner possible – ensuring that every park and facility is getting touched every week. Additionally, MAPs allows us to do the following to help us better serve you: •Sharpen our pencils. We can precisely estimate the labor needed to accomplish your landscape goals. If budget constraints require us trim specifications, we can do so quickly, enabling Monarch / Terracare to still be your best choice even in challenging economic environments •Optimize our property routes, equipment and decrease physical exertion on our crew members •Reduces wasted time and increases the percentage of value-added maintenance time in order to reduce cost •Less time on site allows for an increase in likelihood of an injury occurring. •Communicate where we’ve been and where we’re going on your property •Give detailed instructions to our Operations Team to ensure what we communicate to you is implemented in the field •OIS ensures that each property is maintained with the correct equipment, trained crews and through the most efficient property route •Creates crew member functions broken out into weekly, bi-weekly, seasonal & yearly •Continual improvement of landscape maintenance that delivers less down-time for the space •Doing the work that matters most to our customers to match our service with their investment Examp l e DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 24 Effective Project Approach, Timeline, and Safety I.Billing Procedures All work performed will be done so via Work Order in a Computerized Maintenance Management System (CMMS), either provided by the City or native to TCA. Our internal CMMS system for assigning, tracking and evaluating work flows through IFS Applications 10 ERP. Use of a CMMS, weather the City provided system or our own, allows for accurate tracking of work flow while providing consistent task quality. Work Orders and Work Requests are the front line of a strong QA/QC program. Our team lead will be focused on maintenance of the Work Order System, planning work activities, communication with City staff and Inspection of the work completed. Our plan is to walk the sites with your Team monthly; visit the sites weekly and provide these audits for each site on a monthly basis. Additionally, Regional Managers will periodically perform unscheduled inspections to evaluate work. We will track our performance month over month to ensure we are continuing to improve on our service delivery to you. Key Performance Indicators that drive long-term value for our clients and teams are captured and analyzed using our Enterprise ERP System, IFS. Below are some of the various KPI’s that we are currently tracking for our clients. DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 25 Effective Project Approach, Timeline, and Safety J.Equipment List Unit # 5006 ROW Equipment List Description Type 89026 2008 FORD F 250 EXTENDED CAB STANDARD BED YES GASOLINE PLOW 89133 2012 FORD F 450 EXTENDED CAB DUMP BED YES DIESEL PLOW 89156 2009 Navistar International 7500 89259 89294 89451 2015 FORD F 250 EXTENDED CAB STANDARD BED 4X4 W/PLOW GASOLINE 2015 FORD F 250 EXTENDED CAB STANDARD BED 4X4 W/PLOW GASOLINE 2016 FORD F 250 EXTENDED CAB STANDARD BED YES GASOLINE PLOW 82388 2000 SUPERIOR 18UTILITY SUPERIOR 18' TRAILER 85289 2005 SUPERIOR 2PT3 SUPERIOR 18' MAINTENANCE TRAILER 87108 2007 SUPERIOR 2PT3 SUPERIOR 18' EQUIP TRAILR 83281 1997 SUPERIOR 14DUMP SUPERIOR 14' TRAILER EQUIPMENT 82937 6400 JOHN DEERE 6400 TRACTOR W/LOADER 82579 1999 JOHN DEERE 4600 JOHN DEERE 4600 TRACTOR W/LOAD 82405 2000 JOHN DEERE 4600 JOHN DEERE 4600 TRACTOR MFWD 82699 2000 JOHN DEERE 6410 JOHN DEERE 6410 TRACTOR W/LOAD 82890 2001 SUPERIOR 16UTILITY SUPERIOR 16' MAINT TRAILE AD 82892 2001 SUPERIOR 14UTILITY SUPERIOR 14' DUMP TRAILER AD 84959 2004 SUPERIOR 34FLAT SUPERIOR 34' MAINT TRAILR 84960 2004 SUPERIOR 16DUMP SUPERIOR 16' DUMP TRAILER GVW 110-VEHICLES 110-VEHICLES 100-VEHICLES - LARGE 110-VEHICLES 110-VEHICLES 110-VEHICLES 200-TRAILERS 200-TRAILERS 200-TRAILERS 200-TRAILERS 300-LARGE EQUIPMENT 300-LARGE EQUIPMENT 300-LARGE EQUIPMENT 300-LARGE EQUIPMENT 200-TRAILERS 200-TRAILERS 200-TRAILERS 200-TRAILERS DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 26 Implementation, Installation, or Plan Effectiveness A.Value-added Services Reports The sample reports provided in this section can be tailored to report the exact data that the City of Wheat Ridge is interested in capturing. Generally, we capture labor hours, materials, costs consumed and equipment utilized on all of our projects. We conduct quality control checks weekly, bi-weekly and monthly, depending on the size and scope of the project. Training We compensate our field personnel at the top of the industry and give them some of the most competitive benefits packages in the industry. We train them, not only on the technical aspects of their respective jobs, but on providing our clients with nothing short of service excellence. Our supervisors train our foremen in our weekly training meetings as to what is expected from them when it comes to interacting with our clients and satisfying their needs. From the first day they are hired, they are instructed on how to interact with customers and take care of issues that may arise. Our focus is always on safe, quality workmanship. •Ensure our teams have the skills, tools, and processes to meet our customers’ landscape quality and customer service expectations, and •Provide our team members with opportunities to grow their skills and build fulfilling careers with us The program is comprehensive. We proactively train our teams when they first start and throughout the year. Employee Engagement Managers, a dedicated position in every market we serve, are 100% focused on maintaining our local talent pool and offering training workshops at our Branches. We have three training areas of focus. Those areas include: 1. Onboarding and Basic Landscape Training: Before a new team member sets foot on City property, we make sure they have the skills needed to do the job right, and the background on The City to ensure a smooth transition. All new crew members spend a full week on training before work officially starts. This includes introductions to the local team and leadership, training on the basics of landscaping, shadowing a team in the field, and a walk-through of their role and responsibilities throughout The City. 2. Ongoing Training on Operational Improvements: As an organization, we work with a mindset of continuous improvement. Whether we’re innovating, introducing new technology, or sharing a best practice, our mandatory ongoing trainings bring all of our crew members up to speed. 3. NEXT Level Training for Career Advancement: Retaining crew members in today’s competitive labor market means providing opportunities other companies aren’t. Our NEXT Level program empowers our team members to take control of their development, career path, and compensation. We offer a training track for crew members to complete at their own pace. As each level of training is complete, crew members can pursue opportunities to DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 27 Implementation, Installation, or Plan Effectiveness move to the next level in their career at Terracare. From entry-level to Crew Leader, this training program is designed to improve crew members’ skills and performance so they can provide more value to customers and be compensated accordingly. Before service starts, our entire project team—from the Senior Branch Manager, to onsite managers, specialists to the crew—will be at the different sites engaged in preparing for a productive official first day. We will spend the time required to evaluate the current status of your landscape, develop operations plans, and train our teams, so that when we start work, we are confident our plan will help your landscape thrive. Our training programs work to maximize both leverage and flexibility. Cross-training our staff to be proficient in all areas of service helps us to provide the most effective service possible. Our senior staff communicates a sense of urgency throughout our organization on every project. That sense is critical in maximizing the amount of work completed with the number of resources available. Terracare Associates NEXT LEVEL Recruiting – We developed and are currently testing alternative recruiting sources and an interview process that identifies those in it for a job from those who want a career here. We’re opening doors to candidates who may not have landscape experience, but have the softer skills, physical aptitude, and interest in learning our business. Onboarding and Training – We’ve formulated a 5-day, immersive training program that starts with orientation and an introduction to our business and team, then provides basic skills training on quality, safety, customer care, and equipment. This program is geared toward making new team members feel welcome, supported, and prepared to do the work, and as a result, reduce new hire turnover. Long-Term Training and Development – Appropriately named, NEXT Level, this new program will empower Crew members to take control of their development, career path, and compensation. We’ll offer a training track for Crew members to complete at their own pace. As each level of training is complete, Crew members can pursue opportunities to move to the next level in their career at Terracare. From entry- level to Crew Leader, this training program is designed to improve Crew members’ skills and performance so they can provide more value to clients and be compensated accordingly. Recruiting We developed and are currently testing alternative recruiting sources and an interview process that identifies those in it for a job from those who want a career here. We’re opening doors to candidates who may not have landscape experience, but have the softer skills, physical aptitude, and interest in learning our business. DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 28 Implementation, Installation, or Plan Effectiveness ONBOARDING AND TRAINING ^ We’ve formulated a 5-day, immersive training program that starts with orientation and an introduction to our business and team, then provides basic skills training on quality, safety, customer care, and equipment. This program is geared toward making new team members feel welcome, supported, and prepared to do the work, and as a result, reduce new hire turnover. LONG-TERM TRAINING AND DEVELOPMENT > Appropriately named, NEXT Level, this new program will empower Crew members to take control of their development, career path, and compensation. We’ll offer a training track for Crew members to complete at their own pace. As each level of training is complete, Crew members can pursue opportunities to move to the next level in their career at Monarch. From entry-level to Crew Leader, this training program is designed to improve Crew members’ skills and performance so they can provide more value to clients and be compensated accordingly. DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 29 Implementation, Installation, or Plan Effectiveness Retention Program and Philosophy We believe whole-heartedly, that being the best place to work as a landscape professional is the most important mission a company like ours can have. Our team members are our business. The quality our customers receive is dependent on the knowledge, experience, and service our landscape professionals provide. From our executives to crews, managers to support teams, attracting and retaining the industry’s top talent is how we provide the best service to our customers. We listen to our team members, whether it’s adapting our operations based on feedback we have gleaned from our annual employee survey or adopting a new best practice a team member shared that improves how we operate. At Terracare, everyone has a voice, and we encourage our teams to communicate often. We also reward excellence. In any position, if our teams are producing quality work, achieving goals, meeting client expectations, or demonstrating continuous improvement, we take notice and make sure great work is recognized and rewarded. We encourage and support career growth. Beginners and tenured professionals alike all have an opportunity to grow with us. Crew members can participate in our training program to learn new skills that directly correspond to opportunities to advance. All Terracare team members have access to our college reimbursement program and suite of external and internal training programs. We compensate our field personnel appropriately and give them some of the most competitive benefits packages in the industry. We are also committed to professional development, training and employee engagement. In a recent employee survey, 96% said, “I am proud to work for TCA every day.” •Training – Education is an integral part of reaching safety and quality service goals. We believe it is our responsibility to continually educate and train our employees. Every new field employee attends training, and many jobs require Industry certifi cations to operate •Recognition and employee engagement – We know that our team members are our best asset. We will actively work on strategies to empower our team members. We encourage team members to nominate colleagues for L.I.V.E. awards to those who are doing an excellent job •Progressive Discipline - TCA utilizes a progressive discipline approach to dealing with job related behavior that does not meet expected and communicated performance standards. This approach is intended to assist the employee to understand that a performance problem or opportunity for improvement exist. The steps in progressive discipline include 1. Verbal Caution 2. Written Warning 3. Suspension 4. Dismissal DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 30 Implementation, Installation, or Plan Effectiveness Public Outreach Terracare Associates - TCA is leading and involved in many community volunteer projects throughout the year. Annually in April, TCA hosts company-wide service days in conjunction with the National Association of Landscape Professionals’ (formerly PLANET) Day of Service and Earth Day. Our company community goal is focused on green education, outdoor beautification projects and a variety of events and sponsorships that directly support local companies, municipalities and counties and that we service. Our volunteer projects have benefited many communities across the states we operate in. A few highlights of our community investment program include: •Learning Gardens •O’hara Park Middle School, California •Adams Middle School, California •Excelsior Middle School, California •Freedom High school, California •Liberty High School, California •Montclair Elementary, Colorado •Columbine Memorial in Colorado – Annual landscape maintenance •Riverside Cemetery, Colorado •Solheim Cup, Colorado •Celebrate Centennial Under the Stars, Colorado •Hagemann Farm, California •Earth Day Celebration with the City of Centennial and Project Cure •Texas Tree Foundation, Texas Most recently, team members volunteered time, expertise and equipment to design, build and maintain edible teaching gardens at local schools. This includes five middle school gardens in the San Francisco Bay Area. In addition to the gardens, children and teachers are shown the value and importance of plants as a nutritional food supply for their families and the future of our Earth. DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 31 Implementation, Installation, or Plan Effectiveness Safety “Safety is for our family”. These are more than just words. It is practiced 24/7, 365 days a year. Our number one responsibility is to keep customers and our team members safe and healthy. Terracare's Municipal Team has a Total Recordable Incident Rate (TRIR) of 3.4. By comparison the national OSHA average for the landscape industry is 4.4. Our safety practices include: •Employee participation in safety training before working in the field. •Participation of safe practices always encouraged through safety reward program. •Weekly meetings for crews and managers to pro-actively mitigating unnecessary risk and job site hazards. •The wearing of safety vests uniform with logo, gloves, safety glasses and name badges by personnel at all times. •Biweekly and/or monthly safety audits. •Implement traffic control measures at all times. •Utilize organic rather than synthetics materials, when possible. •Reporting and mitigating hazardous issues on an ongoing basis. Starting the Day off Right: Every morning, Terracare employees perform the Stretch and Flex. They are to clock in and engage in the day’s safety training along with discussions about job sites, routing, and equipment needs. The morning processes are accompanied by our management team to ensure that not only that our employees are at work, but also to ensure that they are capable to work. Everything from attitude to personal protective equipment is checked during the Stretch and Flex. Weekly Safety Tailgate and Call: Every week Terracare field staff are engaged in a safety tailgate meeting with topics provided our corporate safety officer. These are designed to encourage behaviors and activities to ensure every member of the Terracare family returns home safe and sound. Additionally, all corporate and field management staff participate in a weekly safety call in which these topics are discussed in greater detail from a management stand point. In addition, any incidents which may have occurred during the previous week are discussed in great detail along with action plans for preventing same or similar incidents from occurring in the future. Those action plans then become topics for the weekly safety tailgate. DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 32 Implementation, Installation, or Plan Effectiveness B.Plan of Approach Terracare is the current service provider of the services in this scope of work and has a comprehensive understanding of the scope as well as the specific nuances of each area serviced in the scope. The Right Experience- With some of the most experienced professionals in the field, TCA has the right experience to meet most landscape needs. Many of our career technicians have been certified by nationally recognized programs and have been industry leaders for many years. The Right Equipment – Terracare Associates knows the importance of using the right tool for the right job. With a background in maintaining some of the largest landscape projects in the United States, TCA has the inventory of the right equipment to get the job done right. TCA intends on subcontracting the chemical weed control portion of this contract. Due to the increased state and federal sensitivity regarding chemical weed control, we have strategically partnered with a company whose main focus is in this area. We feel that the city and community at large will be best served by partnering for this expertise while bringing TCA's experience and the overall management of right of way maintenance. List of Applicators Christopher Lynch - 20+ years licensed experience Donald Wessels - 20+ years licensed experience Clifford Wessels - 20+ years licensed experience Ryan Wessels - 5+ years licensed experience David Wessels - 5+ years licensed experience Joey Perez - 2+ years licensed experience DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 33 Implementation, Installation, or Plan Effectiveness DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 A Monarch Landscape Company 34 Pricing ATTACHMENT A RFP-23-ROW Maintenance PRICE SCHEDULE SUBMIT ON THIS PAGE, OR ATTACH YOUR DETAILED PRICE OR REVENUE SCHEDULE NAME OF FIRM: ADDRESS: CHECK-LIST: The following information and forms must be included with your submittal, in this order: Proposer Information Sheet Acknowledgment of Addendum (if any) Non-discrimination Form Contractor’s Qualification Form Please be certain to address the following in your proposal: Qualifications Experience Current Workload Project Approach Fee Schedule Please review the sample agreement, but do not include a copy with your proposal submittal. Terracare Associates 7272 South Eagle Street Centennial, CO. 80112 X X X X X X X X X DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 measurements CITY OF WHEAT RIDGE ROW AREAS 2023 Sidewalk, Chemical Trash & clean all sidewalks edge to edge Service all areas every cycle unless otherwise noted Approx.Approx.Approx.Mowing median curb & gutter weed debrisApprox.area sq. ft.area sq. ft area sq. ft per cleaning control removal perROW Area /Address Specific Location Work Needed size ft mow/trim sidewalk of median cycle $per cycle $per cycle $cycle $26th Ave.Kendall St. to Wadsworth Sidewalk weed remove/herbicide and cleannorth side of street Trash/debris pick up,4,051 x 5 20,255 $56.71 $194.45 $52.66Sidewalk Curb & Gutter clean 30th Ave.west of 30th to Wadsworth hill north of Trash/debris pick up vegetation mowing 220 x 20 4,400 $12.32 $11.44 medical offices Sidewalk under I-70 Sidewalk weed remove/herbicide and clean32nd Ave. north and south sides Trash/debris pick up,246 x 6 x 2 2,952 $12.38 $42.45 $11.50sidewalk north side of 32nd west to Cabelas Drive Sidewalk Curb & Gutter clean 245 x 6 1,470 Sidewalk weed remove/herbicide and clean Sidewalk from Union St. to Swadley St. north side Trash/debris pick up ,herbicide 818 x 6 4,908 $13.74 $47.12 $12.76 Sidewalk Curb & Gutter cleanLandscape from Union St. to Swadley St. north side Trash/debris pick up vegetation mowing varies 8,252 $23.11 $21.46 Sidewalk from Kipling St. to Miller St. north side Sidewalk weed remove/herbicide and clean 1,149 x 8 9,192 $25.74 $88.24 $23.90Trash/debris pick up Sidewalk Curb & Gutter clean Sidewalk Kipling St. to Independence St. north side Sidewalk weed remove/herbicide and clean 1,070 x 10 10,700 $29.96 $102.72 $27.82 Trash/debris pick up Sidewalk Curb & Gutter clean Native area Kipling St. to Independence St. south side Trash/debris pick up vegetation mowing 1,070 lineal 6,420 $17.98 $16.69Edge of asphalt to approximately ditchHolland St. to Garland St. north side Trash/debris pick up vegetation mowing 302 x 21 6,342 $17.76 $16.49 Dudley St. to Lutheran Parkway north side Trash/debris pick up vegetation mowing 417 x 5 2,085 $5.84 $5.42 8205 w. 32nd Ave. west side to 7671 w. 32nd Ave. east side Trash/debris pick up vegetation mowing varies 14,020 $39.26 $36.45 edge of asphalt to private fence Dudley to Wadsworth Blvd. sidewalk south side Sidewalk weed remove/herbicide and clean 3,472 x 8 27,776 $77.77 $266.65 $72.22Trash/debris pick up Dudley to Wadsworth BLVD. Vegetation asphalt to sidewalk Trash/debris pick up vegetation mowing 3,472 x 8 27,776 $77.77 $72.22 Wadsworth Blvd. to Vance St. south side sidewalk Sidewalk weed remove/herbicide and clean 321 x 5 1,605 $4.49 $15.41 $4.17 Trash/debris pick up Sidewalk Curb & Gutter clean Wadsworth Blvd. to Vance St. south side grass/ veg area Trash/debris pick up vegetation mowing 321 lineal 4,317 $12.09 $11.22 back of sidewalk to private fence variesTeller St. to Pierce St. north and south side Sidewalk weed remove/herbicide and clean 1,285 x 6 x 2 15,420 $43.18 $148.03 $40.09Trash/debris pick upSidewalk Curb & Gutter clean Teller St. to Saulsbury St. South side Trash/debris pick up vegetation mowing 304 x 5 1,520 $4.26 $3.95from back of sidewalk to private fence Water meter station front between 3180 w and 3165 w. 32nd Ave.Trash/debris pick up vegetation mowing 412 x 10 4,120 $115.36 $10.71 back of sidewalk to bottom of swale or to private fence west to Kendall St. south sideChase St. to Sheridan Blvd. south side Sidewalk weed remove/herbicide and clean 838 x 6 5,028 $14.08 $48.27 $13.07Trash/debris pick upSidewalk Curb & Gutter cleanAmes St. to alley east north side Sidewalk weed remove/herbicide and clean 148 x 14 2,072 $58.02 $19.89 $5.39Trash/debris pick up Sidewalk Curb & Gutter clean 32nd Ave. Garrison St. east to 9100 w32nd Ave. Trash/debris pick up vegetation mowing 286 x 14 7,007 $21.74 $20.18 south side 54 x 14 756 area to fence or back of utility poles 33rd Ave.Ames St. west to alley north side Trash/debris pick up vegetation mowing 117 x 15 1,755 $4.91 $4.56 Benton St. west to alley north side Trash/debris pick up vegetation mowing 134 x 15 2,010 $5.63 $5.23 34th Ave. Yarrow St. to Allison St. north side of street curb to fence mow/ trim Trash/debris pick up vegetation mowing 315 x 2 630 $1.76 $1.64 cut all vegetation on south side of chain link. All vegetation on south side of chain link fence cut and remove Pricing A Monarch Landscape Company 35 DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 35th Ave.Kendall St and 35th Ave. south side of street Trash/debris pick up vegetation mowing 175 x 10 1,750 $4.90 $4.55east along undeveloped corner property by ditch south of road edge 36th Ave. and Pierce St.Front on Pierce St. and on 36th Ave. back of asphalt Trash/debris pick up vegetation mowing 109 x 12 1,308 $3.66 $3.40to private fence 38th Ave.Harlan St. to Kipling St. sidewalk Sidewalk weed remove/herbicide and clean 13,270 x 7 92,890 $260.09 $891.74 $241.51 north and south side Trash/debris pick up Sidewalk curb and cutter clean 38th Ave. West East of Vivian St. west to Walmart alley North Side Sidewalk weed remove/herbicide and clean 325 x 6 1,950 $5.46 $18.72 Trash/debris pick up $15.21 Sidewalk clean Ditch Area* East of Vivian St. west to Walmart alley North Side Trash/debris pick up vegetation mowing 325 x 12 3,900 $10.92 39th Ave.Harlan St. to cul-de-sac south side edge of asphalt Trash/debris pick up vegetation mowing 376 x 12 5,640 $15.79 $14.66 to private wire fence. 40th Ave. and Robb St. 40th Ave. south side private fences to corner of 40th Trash/debris pick up vegetation mowing 487 x 8 3,848and Robb St. approximately 8 foot to south. Width varies $14.83 $13.77 Robb St. east side corner at 40th Ave. south Trash/debris pick up vegetation mowing 145 x 10 1,450 150 ft. to private yard approximately 10 foot 41St. Ave. to 39th Ave. alley 41St. Ave to 39th Ave. alley west side of alley to private fences Trash/debris pick up vegetation mowing 425 x 10 4,250 $11.90 $11.05 first alley west of Wadsworth west of commercial parking areas trim/mow all natural area be careful not to disturb private plantings in this area 44th Ave.West edge of 14795 w. 44th Ave. to Eldridge Trash/debris pick up vegetation mowing varies 41,000 $114.80 $106.60 North side edge of asphalt north utility polesWest edge of 14795 w. 44th Ave. to Eldridge North sidewalk weed removal/herbicide and clean 1,503 x 4 6,012 $16.83 $57.72 South trash/debris pick up vegetation mowing 1,503 X 8 12,024 $33.67 $46.89Sidewalk Curb & Gutter cleanSection from I-70 to Eldridge St. south side Trash/debris pick up vegetation mowing 3,376 x 30 101,280 $283.58 $263.33edge of asphalt to 5 foot south of utility poles Section under I-70 sidewalk north and south sides Sidewalk weed removal/herbicide and clean 418 x 10 x 2 8,360 $23.41 $80.26 $21.74 Trash/debris pick up Sidewalk Curb & Gutter clean Sidewalk Youngfield St. to Harlan St. north side Sidewalk weed removal/herbicide and clean 17,104 x 10 171,040 $478.91 $1,641.98 $444.70Sidewalk Curb & Gutter cleanYoungfield St. to Eaton St. South side Sidewalk weed removal/herbicide and clean 17,446 x 10 174,460 $488.49 $1,674.82 $45.60Sidewalk Curb & Gutter clean Xenon St. to Youngfield St. south side Trash/debris pick up vegetation mowing 115 x 10 1,150 $3.22 $2.99back of sidewalk 10 foot to south to utility poles Dover St. to Clear Creek north side Trash/debris pick up vegetation mowing 903 x 23 20,769 $58.15 $539.99 back of sidewalk to private fence Dover St. to Clear Creek south side Trash/debris pick up vegetation mowing 658 x 23 15,134 $42.38 $39.35 back of sidewalk to private fence 48th Ave.Marshall St. to Otis St.north side back of curb to CDOT fence includes sight Trash/debris pick up vegetation mowing varies 6,423 triangle at Otis St.$31.28 $29.05 south side back of curb to private fence Trash/debris pick up vegetation mowing varies 4,750 50th Ave. Target connector drive to Miller St. south side Trash/debris pick up vegetation mowing 2,576 $7.21 $6.70 back of curb to private fence or 6 foot into grass area around curve to end of grass area 50th Ave. and Robb St.mow/trim 50 ft past asphalt edge into property on 50th and on Robb St. Trash/debris pick up vegetation mowing varies 36,587 Pond area every cycle April-October $1,560.00 $828.07 do not mow on north of north fence RTD property mow/ trim entire property May, June, August, October Trash/debris pick up vegetation mowing 281,900 Pricing A Monarch Landscape Company 36 DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 Harlan St.44th Ave. to I-70 west side sidewalk Trash/debris pick up vegetation mowing 2,082 x 6 12,492 $34.98 $32.48 Kendall St. along ditch Along ditch north side to 35th Ave. City ROW includes Trash/debris pick up vegetation mowing 473 x 15 7,095 $19.87 $18.45` Kendall St by ditch around from Kendall and 35th Ave. west on south side Trash/debris pick up vegetation mowing 118 x15 1,770 $4.96 $4.60corner on 35th Ave.of street back approximately 15 ft to south from edge of asphalt Marshall St. / 48th Ave South side of 48th Ave. edge of asphalt to CDOT fence Trash/debris pick up vegetation mowing 903 x 25 22,575 $63.21 $58.70Harlan St. to 49th Ave. including hill West side of Marshall St. sidewalk storage building commercial area Trash/debris pick up vegetation mowing 386 x 10 3,860 $10.81 $10.04sidewalk north including bridge over clear creek Routt St.Area east of cul-de-sac back of concrete to Trash/debris pick up vegetation mowing 117 x 44 5,148 $14.41 $13.38 private fences oln north and south in trail area Simms St and 35th Ave.Area south of intersection back of asphalt to Trash/debris pick up vegetation mowing 52 x 128 6,656 $18.64 $17.31private fences I-70 south frontage road Dead end at Lee St. to Carr St. edge of asphalt to private fence or landscape Trash/debris pick up vegetation mowing varies 23,851 $66.78 $62.01 Carr St. to Garrison St. north side Trash/debris pick up vegetation mowing varies 165,743 $580.00 $85.00 back of asphalt north to CDOT fence or retaining wall Garrison St. to Kipling St. north side back of asphalt north to CDOT fence or retaining wall Trash/debris pick up vegetation mowing varies 49,813 $535.00 $85.00CDOT fence Lee St. to Swadley St. north side edge of asphalt to Trash/debris pick up vegetation mowing varies 34,998 $97.99 $90.99CDOT or private fence Miller St. to Swadley St. south side edge of asphalt to Trash/debris pick up vegetation mowing varies 84,766 $237.34 $90.00 bottom of swale or to private fence I -70 north frontage road Garrison St. to Independence St. south side Trash/debris pick up vegetation mowing 970 x 6 5,820 $16.30 $15.13edge of asphalt to CDOT fence behind guard railingGarrison St. west to end of sidewalk south side Sidewalk weed remove/herbicide and clean 355 x 4 1,420 $3.98 $3.98 $13.63 $3.69Trash/debris pick upSidewalk Curb & Gutter clean Lee St to Tabor St. north side Trash/debris pick up vegetation mowing varies 25,184 $70.52 $65.48 Lee St. to Swadley St. edge of asphalt 4 foot to south into native area Swadley St to Tabor St. back of asphalt 10 foot into native area. Includes sight triangle at Tabor St. and south frontage road. I-70 and Kipling landscape Trash/debris pick up vegetation mowing Trash/debris pick up South west corner All irrigated turf south to Taco bell property border schedule twice a month April-October 6,709 $577.75 $38.52 planted area/tree area/rock area 698 Sidewalk weed remove/herbicide and clean 1,135 $88.53 $88.53 $21.79 schedule twice a month April-October North west corner All irrigated turf to private chain link fence stop at gas station property Trash/debris pick up vegetation mowing 1,988 $155.06 $15.47sidewalk adjacent to turf Sidewalk weed remove/herbicide and clean 987 $76.99 $76.99Trash/debris pick up schedule twice a month April-October North east corner All irrigated turf to private chain link fence Trash/debris pick up vegetation mowing 1,876 $146.33 $13.92 sidewalk adjacent to turf Sidewalk weed remove/herbicide and clean 800 $62.40 $62.40 Trash/debris pick up schedule twice a month April-October South east corner All irrigated turf to private chain link fence Trash/debris pick up vegetation mowing 5,125 $399.75 $32.14sidewalk adjacent to turf Sidewalk weed remove/herbicide and clean 1,056 $82.37 $82.37Trash/debris pick up schedule twice a month April-October Kipling St.sidewalk and small area behind walk west to private fences Sidewalk weed remove/herbicide and clean 955 x 6 5,730 $16.04 $55.01 $18.26 South to 29th Ave. Mowing trimming, cut weeds. Sidewalk Curb & Gutter clean varies 1,292 $3.62 Pricing A Monarch Landscape Company 37 DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 west side of Kipling area backs up to private landscapes caution in spraying Ridge Road Miller St. to Nelson St. north side Trash/debris pick up vegetation mowing 625 x 10 6,250 $17.50 $16.25 edge of asphalt to subdivision landscape east of Nelson St. 10 foot to north Miller St. to Robb St. south side Trash/debris pick up vegetation mowing varies 50,310 $140.87 $130.81 edge of asphalt to utility poles Ridge road south side Tabor to east property line of 5040 Tabor Trash/debris pick up and 465 x 21 9,765 $27.34 $25.39 edge of asphalt to RTD fence string trim all weeds in rock asphalt to RTD fence 44th Ave. Median Tabor St to.past Van Gordon St. Trash/debris pick up vegetation mowing varies 29 $8.11 $7.53 median weed remove/herbicide and clean Ward Road median On Ward Road 44th Ave. north to I-70 west bound Trash/debris pick up, herbicide varies 8,120 $22.74 $77.95 off ramp Kipling median on Kipling I-70 north to 50th Ave.Trash/debris pick up, herbicide varies 1,647 $4.61 $15.81 $4.28 50th Ave median Median Kipling west to Miller St landscape medians Trash/debris pick up varies 21,223 $59.42 $203.74 $55.18 Jellison St. cul-de sac Drainage area located on Kipling St. from ditch on north to Trash/debris pick, up vegetation mowing 18,797 $52.63 $48.87 drainage on Kipling private fence from Kipling St. On west to private fence on east Youngfield east side of street 44th Ave. to and including 4150 Youngfield Trash/debris pick, up vegetation mowing varies 15,625 $43.75 $40.63 road shoulder to utility poles In front of 4150 Youngfield Trailhead and across Clear Creek bridge east side Sidewalk weed remove/herbicide and clean varies 2,610 $7.31 $25.06 $6.79 includes sidewalk /walking areasidewalk from 44th Ave. east side of street to 42nd Ave.Sidewalk weed remove/herbicide and clean 14,080 $39.42 $135.17 $36.6132nd Ave. to I-70 east bound off ramp west side Trash/debris pick, up vegetation mowing varies 1,450 $4.06 $3.77 back of curb to CDOT fence 38th Ave. south to I-70 on WB ramp curb to CDOT fence Trash/debris pick, up vegetation mowing 1 x 635 635 $30.76 $28.56 Youngfield and I-70 East bound off ramp north and south to 32nd Ave. areas Trash/debris pick, up vegetation mowing 10,349 Per cycle square foot totals Per cycle cost totals $5,919.48 $2,091.99 $6,175.13 $4,377.43 Yearly contract total $ $162,295.31 Based on the expected quantities Pricing A Monarch Landscape Company 38 provided in this RFP on pg. 3 DocuSign Envelope ID: F7A1DF2D-C28A-43AF-93F8-F6B726435E49 ITEM NO: 2 DATE: January 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 33-2023 – AN ORDINANCE AMENDING SECTION 11-52.5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING MEMBERSHIP OF THE WHEAT RIDGE LIQUOR LICENSING AUTHORITY PUBLIC HEARING ORDINANCES FOR 1ST READING (12/11/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/08/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ _______ Deputy City Manager City Manager ISSUE: City Council amended the City’s Boards and Commissions Code to create new regulations pertaining to term limits, unexcused absences, automatic removal, approximately equal district representation of board members, and Council’s ability to remove members among other things. While certain provisions extend to the Liquor Licensing Authority (LLA), amendments concerning term limits, district representation, and Council’s removal authority do not apply to the LLA. This ordinance will amend the Code to extend these provisions of the Boards and Commissions Code amendments to the Liquor Licensing Authority. Furthermore, it would establish that LLA members who move out of the district they were appointed to represent shall be removed in accordance with the process governing board and commissions members. PRIOR ACTION: On August 7, 2023, Council held a Study Session during which they reached consensus to amend the City’s Boards and Commissions Code. Council Action Form – Liquor Licensing Authority Code Amendments January 8, 2024 Page 2 City Council approved this ordinance on first reading on December 11, 2023. A motion was made by Councilmember Stites and seconded by Councilmember Hoppe and was approved by a vote of 8 to 0. FINANCIAL IMPACT: None BACKGROUND: Ordinance No. 1777 amended the City’s Boards and Commissions Code. It created new regulations pertaining to term limits, unexcused absences, automatic removal, approximately equal district representation of board members, and the Council’s ability to remove members among other things. While certain provisions, like those redefining unexcused absences and implementing a new automatic removal policy extend to the Liquor Licensing Authority (LLA), amendments concerning term limits, district representation, and Council’s removal authority do not apply to the LLA. This is because the LLA is governed by a distinct section of the Municipal Code separate from the Boards and Commissions Code. The LLA’s purpose is to promote the health, safety, and welfare of the present and future inhabitants of the City by regulating, controlling, and licensing the sale of malt, vinous, or spirituous liquors and fermented malt beverages. Its responsibilities include reviewing applications for liquor licenses and making quasi-judicial decisions to approve or reject these licenses. Although some liquor permits may be authorized by staff, many require the approval of the LLA. The LLA is similar to other quasi-judicial bodies in the City of Wheat Ridge such as the Planning Commission and Board of Adjustment. Like these entities, the LLA is comprised of eight members, selected to ensure district representation, who serve three-year terms. Council Bill No. 33-2023 was drafted to bring the Liquor Licensing Authority into further conformity with the City’s boards and commissions. It makes the following changes to the Liquor Licensing Authority Code: 1. Term Limits: Implements term limits of two (2) three (3) year terms, allowing term- limited LLA members to serve extended terms in the absence of any other qualified applicant. The Council can reappoint a term-limited board member to serve an indefinite number of extended terms. Extended terms shall be at-will with reappointment required at the end of the length of a standard term. Therefore, the Council can replace a term- limited LLA member with a qualified applicant at any time. These term limits will apply to serving on the LLA. Therefore, a board member could become term-limited on the LLA and still be eligible to serve on a different board. Staff analyzed a dataset tracking the number of years that a person has served on a public body since 1970. This dataset included the Liquor Licensing Authority among other boards and commissions. Since that time, there have been 468 Council Action Form – Liquor Licensing Authority Code Amendments January 8, 2024 Page 3 appointments to City boards. The median length of time that a person serves on a board is three years. The mean (average) length of time that a person serves on a board is almost four and a half years. Data analysis demonstrates that long-term board members have had a disproportionate impact on their respective boards. Despite accounting for only 11% of all appointees, board members that have held their position for more than nine years account for 42% of the time served by all board members in the City of Wheat Ridge since 1970. Despite accounting for only 18% of all appointees, board members that have held their position for more than six years account for 55% of the time served by all board members in the City of Wheat Ridge since 1970. 2. Consecutive Term Limits: Term-limited LLA members can reapply to serve on the LLA after the length of a standard term has passed. 3. Mid-Term Appointments: The LLA will use the rounding approach to determine if a mid- term appointment will be counted as a full term. Using this approach, an LLA member appointed to serve 50% of the length of a term or longer will be considered to have served a full term. An LLA member appointed to serve less than 50% of the length of a term will not be considered to have served a full term. The Code does not currently determine if a mid-term appointment to the LLA is considered a full-term. However, when implementing term limits, it is necessary to establish a mid-term appointment policy. 4. Removing Board Members: The Council can remove an LLA member at their discretion as well as for violating the Boards and Commissions Code of Ethics. Upon second reading of Ordinance No. 1785, staff will present the City Council with a resolution to adopt the attached Boards and Commissions Code of Ethics (Attachment 2). The Code of Ethics regulates the behavior of board and commission members in their official capacity as well as in their capacity as members of the public. 5. Approximately Equal Representation: Clarifies that the City may appoint LLA members that achieve approximately equal representation from each Council District. Currently, the Municipal Code is not clear on this subject, which puts the legality of out-of-district appointments in question. This amendment clearly establishes the right of the Council to make out-of-district appointments as long as district representation is prioritized. 6. Procedures for Members that Move Out of District: The Municipal Code establishes that board and commission members who move outside the district they were appointed to represent are automatically removed. However, the Municipal Code does not address this situation for LLA members. Ordinance No. 1785 would Council Action Form – Liquor Licensing Authority Code Amendments January 8, 2024 Page 4 extend the boards and commissions policy regulating relocation to the LLA. This change does not impact members who did not live in the district they were appointed to represent at the time of their appointment. Timeline for Implementation Ordinance No. 1785 will take effect on March 1, 2024. This implementation date will allow the City to develop standard operating procedures and train staff liaisons before actualizing these amendments. Furthermore, the March effective date aligns with the beginning of most board and commission terms which will facilitate a seamless transition. Next Steps If the City Council approves Ordinance No. 1785, then staff will proceed to amend the bylaws of the LLA to comply with the new code. Staff would then return to the City Council to adopt the amended bylaws of the LLA. RECOMMENDED MOTION: “I move to approve Council Bill No. 33-2023, an ordinance amending Section 11-52.5 of the Wheat Ridge Code of Laws concerning membership of the Wheat Ridge Liquor Licensing Authority, on second reading, order it published, and that it takes effect on March 1, 2024.” Or, “I move to indefinitely postpone Council Bill No. 33-2023, an ordinance amending Section 11- 52.5 of the Wheat Ridge Code of Laws concerning membership of the Wheat Ridge Liquor Licensing Authority for the following reason(s) _ .” REPORT PREPARED AND REVIEWED BY: Cole Haselip, Management Analyst Marianne Schilling, Assistant City Manager Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 33-2023 2. Boards and Commissions Code of Ethics CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 33 ORDINANCE NO. 1785 Series 2023 TITLE: AN ORDINANCE AMENDING SECTION 11-52.5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING MEMBERSHIP OF THE WHEAT RIDGE LIQUOR LICENSING AUTHORITY WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-201, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the appointment, term of office, removal, powers, duties, and compensation of all officers; and WHEREAS, the Council is authorized by the home rule charter to create boards and commissions and to provide for the membership thereof; and WHEREAS, pursuant to this power, the Council previously adopted Ordinance No. 1777, Series 2023, to better clarify procedures concerning board and commission membership; and WHEREAS, the Council desires to make conforming amendments in connection therewith to ensure uniformity of the City’s Liquor Licensing Authority membership with the City’s other boards and commissions. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-52.5 of the Wheat Ridge Code of Laws is amended to read as follows: (a) There is established a liquor licensing authority, which shall have and is vested with the authority to grant and refuse licenses and special permits, and to approve and deny applications for renewal and transfer of licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, designate and assess fees, promulgate reasonable rules and regulations, conduct investigations, and to suspend or revoke such licenses for cause, all in the manner provided by law. The licensing authority shall have all the powers of the licensing authority set forth in C.R.S. title 44, articles 3, 4, and 5. (b) The licensing authority for the City of Wheat Ridge shall consist of eight (8) qualified electors of the city, two (2) from each of the four (4) council districts of the city, who shall be appointed by the city council. If, after reasonable ATTACHMENT 1 advertisement, no applications are received from residents within the relevant council district for a vacancy on the liquor licensing authority, the council may appoint any otherwise qualified resident TO ACHIEVE APPROXIMATELY EQUAL REPRESENTATION FROM EACH COUNCIL DISTRICT. Upon the vacation or expiration of an out-of-district member's initial term, the council shall not reappoint said member unless no qualified in-district residents have applied for that seat on the liquor licensing authority. In order to stagger the terms of the licensing authority members, one (1) of the first two (2) members representing each council district shall be appointed for a three-year term and one (1) shall be appointed for a two-year term. The length of term for the first licensing authority members shall be determined by lot. Except in the event that a member is appointed to fill a vacancy as provided in subsection (j), all subsequent appointments shall be for three-year terms. (C) NO LICENSING AUTHORITY MEMBER SHALL BE ELIGIBLE FOR REAPPOINTMENT IF THEY HAVE PREVIOUSLY BEEN APPOINTED TO TWO (2) CONSECUTIVE THREE (3) YEAR TERMS. TERMS ARE CONSIDERED CONSECUTIVE UNLESS SEPERATED BY AT LEAST ONE (1) THREE (3) YEAR TERM. TERM LIMITED MEMBERS MAY BE APPOINTED TO SERVE ADDITIONAL TERMS IN THE ABSENCE OF OTHER QUALIFIED APPLICANTS. NOT WITHSTANDING AND INDEPENDENT OF THE REQUIREMENTS OF SECTION 2-53(E), THE COUNCIL MAY APPOINT A QUALIFIED APPLICANT TO REPLACE A TERM LIMITED MEMBER SERVING AN ADDITIONAL TERM AT ANY TIME. AN APPOINTMENT MADE TO FILL A VACANCY DURING A TERM, SHALL NOT BE CONSIDERED A FULL TERM WHEN THE APPOINTMENT OCCURS MORE THAN HALFWAY THROUGH THE APPOINTED TERM. (Dc) A quorum of the licensing authority shall consist of five (5) voting members, and a decision of a majority of the quorum present shall control. (Ed) All decisions of the licensing authority are final, subject only to appeal to a court of competent jurisdiction. (Fe) No person shall serve or continue to serve as a member of the licensing authority who is or becomes a member of the Wheat Ridge City Council except during any period of time where the council is acting in the role of the licensing authority as provided in subsection (k). (Gf) No person shall serve or continue to serve as a member of the licensing authority who has or obtains any financial interest, including employment, in the operation of any business which is issued a license relating to fermented malt beverages or alcoholic beverages pursuant to C.R.S. title 44, articles 3, 4, and 5, or who has a member of his or her immediate family who has or subsequently obtains such an interest or employment in any such business in the City of Wheat Ridge. (Hg) All members of the licensing authority must complete a course or class of training approved by the city in the laws and regulations governing alcohol beverage sales before becoming a voting member on the licensing authority. (Ih) No person shall be eligible for appointment or continue to serve as a member of the licensing authority who has been convicted within the seven (7) years preceding such appointment of driving under the influence of alcohol or drugs, driving while impaired by the influence of alcohol or drugs, or any alcohol or drug related offense, or any violation of C.R.S. title 44, articles 3, 4, and 5 or the regulations adopted thereunder, or any violation of this article. The City of Wheat Ridge Police Department shall run a criminal record background check on all licensing authority appointees. (Ji) Any member of the licensing authority may be removed, AT THE COUNCIL’S DISCRETION, for cause by a majority vote of the entire city council. A MEMBER MAY ALSO BE REMOVED BY THE COUNCIL FOR VIOLATION OF A COUNCIL ADOPTED CODE OF ETHICS. The attendance rules for members of boards or commissioners set forth in section 2-53(e) of this Code shall also apply to members of the licensing authority. A MEMBER WHO IS NOT A RESIDENT WITHIN THEIR REPRESENTED DISTRICT, AS PERMITTED BY SECTION 11-52.5(B), MAY BE REMOVED AND THE VACANCY THEREBY CREATED, FILLED ONLY IN THE EVENT ONE OF THE FOREGOING CONDITIONS IN THIS SUBSECTION (J) APPLIES. OTHER THAN AS PERMITTED BY SECTION 11-52.5(B), ANY MEMBER WHO SHALL CHANGE THEIR PERSONAL RESIDENCE TO AN ADDRESS OUTSIDE THE CITY OR THE DISTRICT THEY REPRESENT SHALL CEASE TO BE A MEMBER OF THE AUTHORITY AND THEIR SEAT SHALL AUTOMATICALLY BE DEEMED VACATED AS OF THE DATE ON WHICH THEY CEASED TO BE A RESIDENT OF THE CITY OR OF THE DISTRICT. (Kj) Any vacancy occurring on the licensing authority for any reason shall be filled for the unexpired term by the city council in accordance with SECTION 2- 53(C)city council policies of filling positions on boards and commissions. (Lk) In the event four (4) vacancies exist simultaneously on the licensing authority, and there are matters scheduled for consideration before the licensing authority, the city council shall act as the licensing authority until a quorum of the licensing authority is reconstituted by filling vacancies in accordance with this section. (Ml) Members of the licensing authority shall receive no compensation for their service; however, any necessary expenditures incurred in the performance of their duties shall be reimbursed by the city as determined by the city council as part of the budget process. (Nm) The licensing authority shall annually elect a chair from its number. The chair, or person serving on the licensing authority designated by the chair to serve as acting chair in the chair's absence, shall preside over all hearings and proceedings of the authority. (On) The city attorney and the office of the city clerk shall act in an advisory capacity to the licensing authority. 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 March 1, 2024. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of December 2023, ordered published by title in full in on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for January 8, 2024, 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 ______________, 2024. SIGNED by the Mayor on this _____ day of ____________, 2024. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: December 12, 2023 Second Publication: January 9, 2024 Effective Date: March 1, 2024 Published: Jeffco Transcript and www.ci.wheatridge.co.us ATTACHMENT 2 Updated 9/14/2023. Boards and Commissions Code of Ethics Introduction: Members of City of Wheat Ridge Boards and Commissions are expected to uphold the highest standards of ethical conduct to ensure the integrity, transparency, and accountability of their actions. This Code of Ethics serves as a guide to regulate board and commission member behavior while serving in their official capacity and as private individuals. By adhering to these principles, board and commission members will foster public trust, promote fairness, and serve the best interests of the community they represent. I. Conduct as a Public Official a. Duty to the Public: i. We will act in the best interest of the community, prioritizing the welfare and rights of the residents we serve. ii. We will exercise our powers and responsibilities in a fair, impartial, and transparent manner, avoiding conflicts of interest. b. Integrity and Accountability: i. We will conduct ourselves with integrity, honesty, and professionalism, avoiding any form of bribery, corruption, or unethical practices. ii. We will be accountable for our actions and decisions, providing accurate and timely information to the public while respecting confidentiality when required by law. c. Respect and Civility: i. We will treat all individuals with respect, dignity, and fairness, regardless of their background, opinions, or beliefs. ii. We will engage in constructive and civil discourse, promoting open dialogue and listening to diverse perspectives. d. Transparency and Openness: i. We will ensure transparency in decision-making processes, providing opportunities for public input, and communicating decisions effectively. ii. We will disclose any potential conflicts of interest and rescue ourselves from participating in decisions where our personal interests may influence objectivity. e. Stewardship of Resources: i. We will manage public resources responsibly, striving for efficiency, effectiveness, and sustainability in our decisions and actions. ii. We will avoid personal gain from the use of public resources and work towards maximizing public benefit. ATTACHMENT 2 Updated 9/14/2023. II. Conduct as a Private Individual a. Personal Integrity: i. We will maintain high standards of personal integrity, honesty, and ethical behavior in our private lives, recognizing that our actions can reflect upon our public role. ii. We will avoid engaging in activities that may undermine public trust, compromise our impartiality, or create conflicts of interest. b. Confidentiality: i. We will respect the confidentiality of non-public information acquired through our public discussions or engaging with stakeholders, ensuring that our personal interests do not compromise the public interest. ii. We will not accept gifts, favors, or benefits that may influence our judgement or compromise our objectivity. c. Respect for Authority: i. We will comply with all applicable laws, regulations, and policies, respecting the authority of elected officials, City administration, and the legal framework that governs our actions. ii. We will act as responsible ambassadors for our respective boards and commissions, upholding their mission and goals. Conclusion: By adhering to this Code of Ethics, board and commission members pledge to serve the public interest with integrity, accountability, and professionalism. They agree to recognize that their actions as both public officials and private individuals have a profound impact on the community they serve. They commit to strive to maintain public trust and foster an environment of transparency, fairness, and ethical conduct in all aspects of their role. ITEM NO: 3 DATE: January 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 01-2024 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10390 W. 38TH AVENUE FROM COMMERICAL-ONE (C-1) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-23-10) PUBLIC HEARING ORDINANCES FOR 1ST READING (01/08/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (02/12/2024) RESOLUTIONS QUASI-JUDICIAL: YES ___________________________ _____________ Community Development Director City Manager ISSUE: The owner of the property at 10390 W. 38th Avenue is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N). The zone change will result in a zoning designation that would allow for the redevelopment and revitalization of the property. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on December 7, 2023, and recommended approval. The staff report and a copy of the draft Planning Commission minutes will be provided with the second reading materials. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $700 were collected for the review and processing of Case No. WZ-23-10. If the rezoning is approved, the City may benefit from various fees collected depending on how the property is repurposed in the future, such as building permit fees and use tax. Council Action Form – Proposed Rezoning at 10390 W. 38th Avenue January 8, 2024 Page 2 BACKGROUND: The site is located on the south side of W. 38th Avenue between Miller Street and Lee Street. All neighboring properties are primarily low-density residential uses with some higher density residential existing to the east. According to the Jefferson County Assessor, the property is approximately 26,174 square feet (.601 ac) in size and currently contains a commercial building built in 1960. The property consists of Block A in the Orton Heights Subdivision Plat. Current Zoning The property is currently zoned C-1, one of the City’s legacy commercial zone districts. The C-1 zone district was established to accommodate various types of office uses including administrative, professional and personal services, and to provide for a range of retail uses. The adjacent properties to the east and west are also zoned C-1. Adjacent properties to the north are zoned Planned Residential Development (PRD) and Residential-Two (R-2) to the south. The owner of the property intends to redevelop the site for approximately 10 townhome units which are not permitted in C-1 but are permitted in the MU-N zone district. Proposed Zoning The applicant is requesting a zone change to MU-N to allow for the development of townhomes on the property and to align the properties’ zoning with the Envision Wheat Ridge Comprehensive Plan (the “Comprehensive Plan”). The MU-N zone district is generally located along neighborhood main streets and at neighborhood commercial centers and was established to encourage medium density mixed use development. In addition to residential and civic uses, it allows for a more limited range of neighborhood-serving commercial and retail uses. Staff believes the zone change would allow more flexibility for the revitalization of the site. The MU-N zone district is appropriate for this segment and particularly on this property given its size and its location, and the end goal for the site. MU-N would enable the applicant to revitalize the site and bring additional housing options to the community, focusing on thoughtful and high-quality design. A full analysis of the zone change criteria will be provided in the Planning Division staff report at second reading. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant Council Action Form – Proposed Rezoning at 10390 W. 38th Avenue January 8, 2024 Page 3 and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Division staff report and Planning Commission minutes will be included in the City Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 01-2024, an ordinance approving the rezoning of property located at 10390 W. 38th Avenue from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) on first reading, order it published, public hearing set for Monday, February 12, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner II Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 01-2024 ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 01 ORDINANCE NO. 1786 Series of 2024 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10390 W. 38TH AVENUE FROM COMMERCIAL- ONE (C-1) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-23-10) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and WHEREAS, Elham Nekouie has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood (MU-N) zone district for property located at 10390 W. 38th Avenue; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge— which specifically designates areas containing neighborhoods, including the subject site, as a priority for the promotion of reinvestment in underutilized properties and the promotion to provide a mix of neighborhood supporting uses, including residential use and office use; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on December 7, 2023, and recommended approval of rezoning the property to MU-N. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by the City of Wheat Ridge for approval of a zone change ordinance from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-N) for property located at 10390 W. 38th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A PARCEL OF LAND BEING A PART OF THE WEST 26.5 FEET OF TRACT A, ORTON HEIGHTS ACCORDING TO THE RECORDED PLAT THEREOF AND THE EAST 163.57 FEET OF THE NORTH 205.75 FEET OF THE WEST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF JEFFERSON BY INSTRUMENT RECORDED IN BOOK 808 AT PAGE 100, COUNTY OF JEFFERSON, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIPED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST TO BEAR N89°12'50"E, AS SHOWN ON THE CITY OF WHEAT RIDGE HORIZONTAL & VERTICAL CONTROL BASE MAP; COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST; THENCE ALONG THE NORTH LINE OF SAID NORTHEAST 1/4, N89°12'50"E 1677.63 FEET; THENCE S00°15'59"E 30.00 FEET TO THE POINT OF BEGINNING; THENCE S00°15'59"E ALONG A LINE 26.5 FEET WEST OF TRACT A, ORTON HEIGHTS AND THE EAST LINE OF SAID ABOVE DESCRIPED PARCEL 175.75 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE S89°10'32"W ALONG THE SOUTH LINE OF SAID PARCEL 165.25 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE N00°15'58"W ALONG THE WEST LINE OF SAID PARCEL 161.08 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 15 FEET, A CORD BEARING OF N45°25'43"E AND CORD LENGTH OF 21.21 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 23.56 FEET TO THE END OF SAID CURVE; THENCE N89°10'32"E ALONG THE NORTH LINE OF SAID PARCEL 150.07 FEET TO THE POINT OF BEGINNING. CONTAINS 28,994 SQUARE FEET, MORE OR LESS. Section 2. Vested Property Rights. Approval of this zone change does not create vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed. If any section, subsection, or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 8th day of January 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for Monday, February 12, 2024, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2024. SIGNED by the Mayor on this _______ day of _______________, 2024. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: January 9, 2024 2nd publication: February 13, 2024 Published Jeffco Transcript Effective Date: February 28, 2024 ITEM NO: 4 DATE: January 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 02-2024 – AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF WEST 46th AVENUE BETWEEN EVERETT AND ESTES STREETS PUBLIC HEARING ORDINANCES FOR 1ST READING (01/08/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (02/12/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ ______________________________ Community Development Director City Manager ISSUE: The City of Wheat Ridge holds rights-of-way (ROW) in trust for the public. A portion of right- of-way along the south side of W 46th Ave, located between Everett St and Estes St, has been deemed to be unnecessary by the Community Development Department. PRIOR ACTION: None. FINANCIAL IMPACT: None. BACKGROUND: The subject property includes a portion of W 46th Avenue adjacent to private property at 8766 W 46th Avenue. The original plat from 1955 – Clearvale Subdivision (attached as Exhibit A) – dedicated Tracts A and B to Jefferson County prior to the incorporation of the City. It is staff’s belief that the original intent of Tracts A and B were reserved in case a cul-de-sac was needed if Council Action Form – 8766 W 46th Vacation January 8, 2024 Page 2 W 46th Avenue ended at that location. Since W 46th Avenue is currently a thorough street, staff has determined that the City does not need Tracts A and B for use as ROW. While preparing for retirement, the owners had a land survey completed of the property at 8766 W 46th Avenue and discovered that the parcels were owned by the City. In May of 2023, the owners approached the City, asking if the City would vacate the parcels listed as Tracts A and B as noted in Exhibit A and Exhibit B. The owners have been maintaining the two tracts since purchasing the property in 1991. Once they receive full ownership of parcels, the owners intend to explore methods of flood mitigation as the property currently lies partially within the floodway and floodplain of Clear Creek. If approved by Council, the parcel will be vacated to the adjacent property owners to the south at 8766 W 46th Avenue. While the original plat shows the tracts overlapping two parcels (Lots 157 and 158), those are both under one ownership and were combined as a single lot before the existing duplex was built in 1957; this is shown in the Vicinity Map in Exhibit B. RECOMMENDATION: Staff recommends the vacation of Tracts A and B of the Clearvale Subdivision, and the approval of the attached ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 02-2024, an ordinance vacating any interest held by the City in a portion of W 46th Avenue between Everett and Estes Streets on first reading, order it published, public hearing set for Monday, February 12, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect immediately after final publication.” Or, “I move to postpone indefinitely Council Bill No. 02-2024, an ordinance vacating any interest held by the City in a portion of W 46th Avenue located between Everett and Estes Streets for the following reason(s) ________________.” REPORT PREPARED BY: Scott Jones, Engineer Tech III Rocky Macsalka, Engineering Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 02-2023 2. Exhibit A: Clearvale Subdivision plat 3. Exhibit B: Vicinity Map ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 02 ORDINANCE NO. 1787 Series 2024 TITLE: COUNCIL BILL NO. 02-2024 – AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF W 46th AVENUE LOCATED BETWEEN EVERETT AND ESTES STREETS WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the public and the landowners abutting such rights-of-way; and WHEREAS, a certain street known as W 46th Avenue was dedicated to the public as a partial cul-de-sac by the 1955 Clearvale Subdivision plat; and WHEREAS, the cul-de-sac portion of W 46th Avenue as described herein was never built as a cul-de-sac and is no longer necessary for use by the public; and WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1)(a)(I) and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined that the nature and extent of the public use and the public interest to be served is such as to warrant the vacation of the Property; and WHEREAS, the property to be vacated and which is the subject of this ordinance is more fully described as Tract A and Tract B of the Clearvale Subdivision as shown on Exhibit A and Exhibit B attached hereto and fully incorporated herein by this reference; and WHEREAS, no property abutting the Property will be left without an established public road or private-access easement connecting said land with another established public road. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Vacation. The following Property held as right-of-way by the City is hereby vacated, the same being no longer required for public use and the public interest will be served by such vacation described as Tract A and Tract B of the Clearvale Subdivision, according to the plat recorded at Book 15, Page 37. Upon the vacation accomplished hereby, title to the property vacated shall revert, by operation of Colorado Law CRS 43-2-302, to Michael Childers and William Gryder Childers, as the abutting landowners. 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. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 4. Effective Date. This Ordinance shall take effect immediately after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 8th day of January 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for Monday, February 12, 2024 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2024. SIGNED by the Mayor on this _____ day of ____________, 2024. _________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form ____________________________ Gerald E. Dahl, City Attorney 1st publication: January 9, 2024 2nd publication: February 13, 2024 Jeffco Transcript: Effective Date: February 13, 2024 Exhibit A Clearvale Subdivision Plat ATTACHMENT 2 Exhibit B Vicinity Map ATTACHMENT 3 ITEM NO: 5 DATE: January 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 02-2024 - A RESOLUTION DESIGNATING THE MUNICIPAL BUILDING MAIN ENTRANCE DISPLAY CABINET AS THE OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE CITY’S OFFICIAL INTERNET WEBPAGE FOR CITY PUBLICATIONS IN 2024 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Steve Kirkpatrick, City Clerk Patrick Goff, City Manager ISSUE: State statutes require that each municipality annually establish the location for posting public notices, as well as the newspaper in which the notices will be published. Local government entities are also allowed to publish notices on-line for public meetings. These include meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of body is in attendance. PRIOR ACTION: Due to the recent changes at City hall, and lessons learned from the COVID-19 health emergency, the official posting location has been moved to the City Hall Lobby display cabinet at the main entrance of the municipal building. This resolution designates the City’s official internet webpage as the official site for publishing all legislative actions and public notices and the municipal building main entrance display cabinet as the official public notice posting location. Council Action Form – Official Publication and Posting Notice Location January 8, 2024 Page 2 FINANCIAL IMPACT: None BACKGROUND: None RECOMMENDATIONS: It is recommended the City formally designate the public notice posting location as the municipal building main entrance display cabinet and the City’s official internet webpage as the official site for publishing all legislative actions and public notices. RECOMMENDED MOTION: "I move to approve Resolution No. 02-2024, a resolution designating the municipal building main entrance display cabinet as the official public notice posting location and the City’s official internet webpage as the official site for publishing all legislative actions and public notices in 2024.” Or, "I move to postpone indefinitely Resolution No. 02-2024, a resolution designating the municipal building main entrance display cabinet as the official public notice posting location and the City’s official internet webpage as the official site for publishing all legislative actions and public notices in 2024 for the following reason(s) _______________________." REPORT PREPARED/REVIEWED BY; Robin L. Eaton, Deputy City Clerk Steve Kirkpatrick, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 02-2024 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 02 Series of 2024 TITLE: A RESOLUTION DESIGNATING THE MUNICIPAL BUILDING MAIN ENTRANCE DISPLAY CABINET AS THE OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE CITY’S OFFICIAL INTERNET WEBPAGE FOR CITY PUBLICATIONS IN 2024 WHEREAS, the Colorado Revised Statutes require municipalities to designate official public notice and publication locations for legal notices; and WHEREAS, such locations must be approved by the governing body of the municipality annually; and WHEREAS, the City is required by Charter, Ordinance, and State law to publish certain notices. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. Public notice of public meetings of the City Council, Planning Commission, Board of Adjustment, and all other Board, Commission, Committee, and advisory board meetings for which public notice is required, shall be posted in the display cabinet at the main entrance to the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, which location shall be deemed the official posting location for the City. Section 2. Electronic publications on the City’s official internet webpage shall be authorized as a permissible means to publicize the action of the City and City Council, including without limitation, notices of public hearings, proposed legislative actions, and final legislative actions. Notices and other information required to be published in a newspaper of general circulation within the City, by either Charter or Code, shall be made in the Jeffco Transcript. Section 3. This resolution supersedes and replaces Resolution No. 01-2023 and shall be effective upon adoption. DONE AND RESOLVED this 8th day of January 2024. Bud Starker, Mayor ATTEST: ____ Stephen Kirkpatrick, City Clerk ATTACHMENT 1 ITEM NO: 6 DATE: January 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 03-2024 – A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2023, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2024 BUDGET YEAR PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________________ ______________________________ Deputy City Manager City Manager ISSUE: This resolution authorizes the levying of property taxes for the 2023 fiscal year to help defray the cost of government in 2024. PRIOR ACTION: None FINANCIAL IMPACT: The City’s mill levy will be set at 1.830, raising approximately $1,473,670 in property tax revenue. BACKGROUND: Section 39-5-128 of the Colorado Revised Statutes (C.R.S.) requires the Jefferson County Assessor to certify to the City the total valuation for assessment of all taxable property located within the territorial limits of the City of Wheat Ridge. The estimated total net assessed valuation for the City for the year of 2023 is $805,283,943, which is an increase of $108,116,438 compared to the final valuation in 2022. Council Action Form – Certification of Mill Levy January 8, 2024 Page 2 The Colorado General Assembly acted in its last two sessions to reduce residential property tax assessment rates. SB22-238 reduced the residential property assessment rate to 6.765% and reduced residential actual values by $15,000. Following the failure of Proposition HH in the 2023 election, the Colorado General Assembly held a special session in November 2023 resulting in the passage of SB23B-001 which further reduced the residential property tax assessment rate from 6.765% to 6.7% and further increased the actual value reduction of residential properties from $15,000 to $55,000. SB23B-001 also delayed the statutory deadline for the City to officially certify the property tax mill levy to the Jefferson County Board of County Commissioners to January 10, 2024. The City’s property tax mill levy will remain at 1.830 mills for the 2024 budget, generating approximately $1,473,670 in property tax revenue, an increase of $223,670 compared to the 2023 estimate. Both bills mentioned above provide for potential backfills due to the revenue reductions of local governments. The City will hear from the County Treasurer by April 15, 2024 as to its eligibility for backfill revenue once the County has completed analysis of revenue reductions by entity with the State Treasurer. Section 20 of Article X of the Constitution of Colorado, the Taxpayers Bill of Rights (TABOR), restricts increases in property tax revenue to inflation plus local growth (defined as the percentage change in actual value of real property from construction of taxable real property improvements). Wheat Ridge voters exempted the City from this TABOR revenue limitation at the November 2006 election. However, TABOR still restricts the City from raising the property tax mill levy without voter approval unless the mill levy was temporarily reduced in a previous year. RECOMMENDATIONS: Set the mill levy at 1.830. RECOMMENDED MOTION: “I move to approve Resolution No. 03-2024, a resolution levying general property taxes for the year 2023, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2024 budget year.” Or, “I move to postpone indefinitely Resolution No. 03-2024, a resolution levying general property taxes for the year 2023, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2024 budget year for the following reason(s)___________________________.” REPORT PREPARED/REVIEWED BY: Cole Haselip, Management Analyst Allison Scheck, Deputy City Manager Council Action Form – Certification of Mill Levy January 8, 2024 Page 3 Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 03-2024 2. 2023 Certification of Tax Levy CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 03 Series of 2024 TITLE: A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2023, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2024 BUDGET YEAR WHEREAS, the City Council of the City of Wheat Ridge adopted the 2024 annual budget on October 9, 2023 in accordance with the Local Government Budget Law, and; WHEREAS, the amount of money necessary to balance the budget for general operating purposes from real property tax revenue is $1,473,670, and; WHEREAS, the Local Government Budget Law requires certification of the annual property tax mill levy by January 10, 2024, and; WHEREAS, the total net assessed valuation of all taxable property subject to taxation for the year 2023 is $805,283,943 and; WHEREAS, the City for the fiscal year 2023 has determined to levy 1.830 mills on all taxable property within the City. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: A. That for the purpose of meeting all general operating expenses of the City of Wheat Ridge during the 2024 budget year, there is hereby levied a tax of 1.830 mills placed upon each dollar of the total valuation of all taxable property within the City of Wheat Ridge for the year 2023. B. That the Mayor of the City of Wheat Ridge is hereby authorized and directed to immediately certify to the County Commissioners of Jefferson County, Colorado the mill levy for the City of Wheat Ridge as herein above determined and set. DONE AND RESOLVED this 8th day of January 2024. ___________________________ Bud Starker, Mayor ATTEST: _________________________________ Steve Kirkpatrick, City Clerk ATTACHMENT 1 Form DLG 70 (rev 7/08) Page 1 of 2 3110 County Tax Entity Code DOLA LGID/SID / CERTIFICATION OF TAX LEVIES for NON-SCHOOL Governments TO: County Commissioners1 of Jefferson County , Colorado. On behalf of the City of Wheat Ridge , (taxing entity)A the City Council (governing body)B of the City of Wheat Ridge (local government)C Hereby officially certifies the following mills to be levied against the taxing entity’s GROSS assessed valuation of: $ 850,079,753 (GROSSD assessed valuation, Line 2 of the Certification of Valuation For-m DLG 57E) Note: If the assessor certified a NET assessed valuation (AV) different than the GROSS AV due to a Tax Increment Financing (TIF) AreaF the tax levies must be calculated using the NET AV. The taxing entity’s total property tax revenue will be derived from the mill levy multiplied against the NET assessed valuation of: $ 805,283,943 (NETG assessed valuation, Line 4 of the Certification of Valuation Form DLG 57) Submitted: 01-09-2024 for budget/fiscal year 2024 . (not later than Dec. 15) (mm/dd/yyyy) (yyyy) PURPOSE (see end notes for definitions and examples) LEVY2 REVENUE2 1. General Operating ExpensesH 1.830 mills $ 1,473,670 2. <Minus> Temporary General Property Tax Credit/ Temporary Mill Levy Rate ReductionI < > mills $ < > SUBTOTAL FOR GENERAL OPERATING: 1.830 mills $ 1,473,670 3. General Obligation Bonds and InterestJ mills $ 4. Contractual ObligationsK mills $ 5. Capital ExpendituresL mills $ 6. Refunds/AbatementsM mills $ 7. OtherN (specify): mills $ mills $ TOTAL: [ Sum of General Operating Subtotal and Lines 3 to 7 ] 1.830 mills $1,473,670 Contact person: (print) Patrick Goff Daytime phone: (303) 235-2805 Signed: Title: City Manager 1 If the taxing entity’s boundaries include more than one county, you must certify the levies to each county. Use a separate form for each county and certify the same levies uniformly to each county per Article X, Section 3 of the Colorado Constitution. 2 Levies must be rounded to three decimal places and revenue must be calculated from the total NET assessed valuation (Line 4 of Form DLG57 on the County Assessor’s final certification of valuation). ATTACHMENT 2 Form DLG 70 (rev 7/08) Page 2 of 2 Include one copy of this tax entity’s completed form when filing the local government’s budget by January 31st, per 29-1-113 C.R.S., with the Division of Local Government (DLG), Room 521, 1313 Sherman Street, Denver, CO 80203. Questions? Call DLG at (303) 866-2156. ITEM NO: 7 DATE: January 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT AND APPROVE SUBSEQUENT PAYMENTS OF $100,000 TO PROGRESSIVE URBAN MANAGEMENT ASSOCIATES FOR THE ECONOMIC DEVELOPMENT STRATEGIC PLAN PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO __________________________ ________________________ Steve Art, Econ Dev. Manager City Manager ISSUE: The current Economic Development Strategic Plan for the City is twelve years old. A request for proposals (RFP) was issued to solicit qualified firms to develop a new comprehensive Economic Development Strategic Plan. Twelve proposals were received and accepted as complete. City staff has evaluated the bids, and Progressive Urban Management Associates (PUMA) was selected as the most responsible and responsive bidder in the amount of $100,000. PRIOR ACTION: The most recent version of the Economic Development Strategic Plan was written and approved by the City Council in 2012. FINANCIAL IMPACT: Funding for this project is budgeted in the City’s General Fund (Fund 105). The $100,000 budget shall provide for all general consultancy costs as identified in the bid package. Contingency will not be made available for this project. Costs and deliverables will be managed within the scope of the proposed budget. Council Action Form – Economic Development Strategy January 8, 2024 Page 2 BACKGROUND: The current Economic Development Strategic Plan was written in 2012 and is over 12 years old. During that timeframe, much has changed in relation to the City’s economic development landscape including new development and investment into redevelopment, demographics, population, social media, online shopping, Urban Renewal investments, and neighborhood engagement comments relating to citizen desires. The Consultant will document and communicate regional and local economic development trends and issues impacting the City; gather business statistics and other relevant data; and develop recommend policies, programs and initiatives that will stimulate economic growth, facilitate appropriate development, redevelopment and improvements to aging building stock, aid recruitment and retention of businesses, and support the creation of new jobs and related lifestyle opportunities in the City. • Develop an overall economic development strategic plan, including alignment of economic development goals with City financial needs, projected into the future. • Identify development and redevelopment opportunities within the City and develop a prioritization ranking relating to various evaluation factors. • Evaluate and make recommendations for improvements to the City’s project review and approval processes that may support and encourage business investment. • Analyze the City’s existing incentive programs; develop benchmarks; make forward-focused recommendations for updates to incentive programs, including those needed to attract and retain businesses throughout the City. • Provide strategies and identify challenges related to the City’s ability to compete to attract, retain, and expand businesses, including small business development. RECOMMENDATIONS: The City Manager’s Economic Development Division staff recommend the award of the Economic Development Strategic Plan to PUMA. RECOMMENDED MOTION: “I move to award a contract and approve subsequent payments of $100,000 to PUMA for the Economic Development Strategic Plan.” Or, “I move to deny award and payment to PUMA, in the amount of $100,000 for the Economic Development Strategic Plan, for the following reason(s) ______________________.” REPORT PREPARED/REVIEWED BY: Steve Art, Economic Development Manager Patrick Goff, City Manager Council Action Form – Economic Development Strategy January 8, 2024 Page 3 ATTACHMENTS: 1. PUMA proposal Economic Development Plan Contract #23-0129 THIS AGREEMENT made this ____ day of January, 2024, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City" or “Owner” and Progressive Urban Management Associates (PUMA), 1201 E. Colfax #201, Denver, CO 80218 hereinafter referred to as the “Contractor.” WITNESSETH, that the City of Wheat Ridge and the Contractor agree as follows: ARTICLE 1 – SERVICES The Contractor will serve as the City’s contractor and provide at a minimum all the professional services required as per RFP (Exhibit A), the Vendor’s response to the RFP (Exhibit B) and finalized budget (Exhibit C) incorporated herein by reference. Project Outline Below: •Phase 1: Preparation, Existing Conditions & Priorities •Phase 2: Internal Assessment •Phase 3: Synthesis •Phase 4: Draft and Final Plan Each of these phases is more fully described in Exhibit B. ARTICLE 2 – TERM The work to be performed under this agreement may commence promptly after receipt of a fully-executed copy of the agreement, to the extent that the Contractor has been authorized to proceed by the City. At the end of year, if the City deems the Contractor’s performance acceptable and the pricing is consistent with the RFP response, the agreement may be renewed. The agreement may be automatically renewed if: •The work has not been completed per the agreed upon Statement of Work •The City fails to contact your firm prior to the end of the current term regarding the desire to terminate. •Pricing remains firm for the renewal period. •The scope of work or specifications are not changed or modified. If at the end of year the City desires to rebid, or the Contractor’s performance is not acceptable, the City and Contractor may elect to continue the agreement on a month-to-month basis until the rebid process is complete. While the agreement may be renewed if needed, it is anticipated the work will be completed in 2024. ARTICLE 3 – PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City shall pay the Contractor for services provided, and the Contractor will accept a not-to-exceed amount of one hundred thousand dollars, ($100,000) as full payment for such services. The City operates on a calendar year as its fiscal year; as such, all invoices must be received no later than December 22, in order to be processed in the same calendar year. A. Invoices by Task Invoices will be submitted monthly by the Contractor for services performed and expenses incurred, pursuant to this agreement during the prior month. Payment is then made to the Contractor within thirty (30) days of receipt via Electronic Funds Transfer (EFT). The City may elect the alternative method of payment by the Treasurer’s Office through proper accounting procedures. B. Funding There is in effect within the City of Wheat Ridge, Colorado, a provision of the City’s Code of Laws 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 award. The contractor is specifically advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to the provisions of said Ordinance and adopted Code Section. ARTICLE 4 - ESCALATION All prices/fees/wages offered in response to this RFQ shall be firm against any increase for one (1) year after acceptance by the City. For subsequent periods, it shall be the vendor’s responsibility to notify the City in advance of any anticipated changes in prices and submit a request for a price increase. This City limits price escalation requests to no more than one (1) rate adjustment per contract term. Increases anticipated to exceed 10% of the original cost will not be accepted, rather the City will resolicit at that time. The City reserves the right to accept or reject the request for a price/fee/wage increase prior to the renewal option period. If the price/fee/wage increase is approved, prices will remain firm for a year from the date of increase, at a minimum. ARTICLE 5-SALES AND USE TAXES Don’t include sales or use tax in invoices, as the City of Wheat Ridge is exempt from City, County, State, and Federal sales and excise taxes. Certificates will be issued upon request. City of Wheat Ridge Sales Tax Exempt: 98-03515 ARTICLE 6 – INDEPENDENT CONTRACTOR In performing the work under this agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker’s compensation insurance, personal injury and property damage insurance, as well errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay Federal and State income tax on monies earned. The personnel employed by the Contractor are not and shall not become employees, agents, or servants of the City because of the performance of any work by this agreement. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person—other than bona fide employees working solely for the Contractor—any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty the City will have the right to annul this agreement without liability or in its discretion to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 7 – INSURANCE In accordance with Article 4 above, the Contractor shall furnish a certificate of insurance upon notification of award, and prior to performance. Work shall not commence under this agreement until the Contractor has submitted to the City and received approval thereof, a certificate of insurance showing compliance with the following minimum types and coverages of insurance: Type of Insurance Minimum Limits of Liability Worker’s Compensation, Coverage A Statutory, including occupational disease coverage for all employees at work site. Employer Liability, Coverage B $500,000 per person $500,000 per accident $500,000 each disease Commercial General Liability (including Premises-Operations, Independent Contractor’s Protective, Broad Form Property Damage, and Contractual Liability) • Bodily Injury • Property Damage $1 million per occurrence $2 million aggregate $1 million per occurrence $2 million aggregate An endorsement covering any explosion, collapse, and underground exposures, “XCU,” in the Commercial General Liability policy is also required. Comprehensive Automotive Liability (owned, hired, and non-owned vehicles) • Bodily Injury • Property Damage $2 million per occurrence $2 million per occurrence The City of Wheat Ridge shall be named as additional insured on all liability policies. Insurance shall include provisions preventing cancellation without 30 days prior notice by certified mail to the City. Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the agencies may be entitled pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, CRS, as amended. ARTICLE 8 – INDEMNIFICATION The Contractor agrees to indemnify, defend, and to hold the City and its agents, officials, officers and employees harmless for, from and against any and all claims, suits, expenses, damages, or other liabilities—including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons to the extent caused by the negligent performance or failure of the Contractor to provide services pursuant to the terms of this agreement. ARTICLE 9 – EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Contractor shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to 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. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this agreement so that such provisions will be binding upon each subcontractor—provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. ARTICLE 10 – CHARTER, LAWS, AND ORDINANCES The Contractor at all times during the performance of this agreement, agrees to strictly adhere to all applicable Federal, State, and local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this agreement. 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 performance of this contract is with the District Court of Jefferson County, Colorado. ARTICLE 12 – TERMINATION The Contractor acknowledges that his failure to accomplish the work as described shall be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions— including, but not limited to re-procurement costs, insufficient or improper work. The City and the Contractor agree that this agreement may be canceled for cause by either party, with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time of such termination shall be deducted from the contract price before payment is made. The City may terminate the agreement for its convenience, upon thirty (30) days written notice. In the event of such termination the Contractor will be paid for all work and expenses incurred up until the time of such termination. All work accomplished by the Contractor prior to the date of such termination shall be recorded, and tangible work documents shall be transferred to and become the sole property of the City, prior to payment for services rendered. ARTICLE 13 – NOTICES Contact Information City Contractor Name: Steve Art Brad Segal Office Phone: 303-235-2806 303-991-8754 Email Address: sart@ci.wheatridge.co.us brad@pumaworldhq.com Address: 7490 W 45th Ave. 1201 E. Colfax Ave. #201 City, State, Zip Code Wheat Ridge, CO 80033 Denver, CO 80218 ARTICLE 14 – ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors permitted by the City shall be subject to the requirements of this agreement, and the contractor is responsible for all subcontracting arrangements, as well as the delivery of services as set forth in this agreement. The contractor shall be responsible for the performance of any subcontractor. ARTICLE 15 – 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. 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 16 – INTEGRATION OF UNDERSTANDINGS This agreement is intended as the complete integration of all understanding 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 an authorized representative of the City and the contractor. ARTICLE 17 - DISADVANTAGED BUSINESS ENTERPRISES Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. Consultants shall insert this provision in all sub-contracts for any work covered by this Agreement, so that it shall be binding upon each sub- consultant or sub-contractor providing labor or services. ARTICLE 18 – OWNERSHIP OF CONTRACT PRODUCTS All products produced from the awarded contract shall be the sole property of the City. ARTICLE 19 – INTERNAL TEAM REVIEW 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 ______________________________________ __________ Steve Art, Economic Development Manager Date Signed ______________________________________ __________ Patrick Goff, City Manager Date Signed ARTICLE 20 – AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this agreement, to grant the rights granted herein, and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement in two (2) copies, each of which shall be deemed an original on the day and year first written above. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE STEVE KIRKPATRICK, CITY CLERK WHEAT RIDGE, CO 80033 303-234-5900 DATE BUD STARKER, MAYOR (Seal) CONTRACTOR Progressive Urban Management Associates APPROVED AS TO FORM: M.B. Segal 1201 E. Colfax Ave. #201 Denver, CO 80218 GERALD DAHL, CITY ATTORNEY AUTHORIZED SIGNATURE ATTEST TO CONTRACTOR: PRINTED NAME NAME TITLE TITLE DATE DATE REQUEST FOR PROPOSALS #23-0129 City of Wheat Ridge, Colorado REQUEST FOR PROPOSALS ECONOMIC DEVELOPMENT STRATEGIC PLAN DUE DATE: Monday, October 30, 2023 RFP-23-0129 City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Exhibit A REQUEST FOR PROPOSALS #23-0129 I. Requested Work The City of Wheat Ridge, Colorado is looking for a Consultant to create a new economic development strategic plan and an accompanying short-term implementation action plan. The strategic plan will consist of two main components: the City’s strategic vision and the action plan. Wheat Ridge’s strategic vision document will establish an economic baseline, market context, and a clear vision including overarching economic goals and objectives. The action plan will outline the immediate actions necessary to implement the strategic vision. Both plan components will be based upon quantitative evidence from data portals available to the Consultant and the City and focused analytical studies by the Consultant, as well as qualitative data gathered from community outreach efforts, SWOT analysis, and case studies. Wheat Ridge’s action plan will provide the means by which programs, projects, and tasks that push the vision and goals of the strategic vision forward can be tracked, measured, and evaluated. While the strategic vision will have a 10-to-15-year outlook, the action plan will focus on the immediate actions that must take place within the next few years. The City of Wheat Ridge serves its residents, businesses, and visitors by promoting a vibrant and prosperous community. To that end, the City of Wheat Ridge prioritizes committing the resources necessary to create a responsive economy that nurtures a competitive workforce and generates a thriving economic market that is prosperous and resilient. The successful bidder will articulate a successful strategy and proposal to accomplish this mission and will provide the tools and actions necessary for the City to measure success and deliver on the strategic plan goals that are set. While the strategic vision must be designed to increase the City's tax base and expand the economic opportunities of its businesses and residents in an equitable manner, it is also meant to improve the economic vibrancy of all economic enclaves within the City. It’s goals, objectives, and policies should prioritize actions that will increase human, social, fiscal, and natural capital. While all tasks, programs, and projects should be aimed at elevating the City's overall brand and attracting new business to the City, a prosperous community is safe, accessible, occupied, transactionally efficient, resilient, sustainable, and engaging to all people. The City is seeking more than GDP growth but a thoughtful plan that responds to market failure and responsibly seeks to encourage and incentivize the type of development that will support existing businesses, improve the City’s economic resiliency, and seeks growth that has a holistic economic benefit. II. Background The City of Wheat Ridge is a limited-service city with water, fire, sanitation, trash, and utilities provided by special districts. Wheat Ridge is a home-rule City, operating under a Council-Manager form of government. In this form of government, the Council is the governing body of the City elected by the public, and the manager is hired by Council to carry out the policies it establishes. The Council consists of eight members, two from each Council District, and an at-large, elected Mayor. Wheat Ridge is a first-ring suburb with a population of just over 32,000 residents and 3,500 business licenses. The City is bordered by Denver to the east, Arvada to the north, Lakewood to the south and Golden to the west. Wheat Ridge is landlocked and the opportunities for potential growth are confined to within city limits through redevelopment activities. REQUEST FOR PROPOSALS #23-0129 Wheat Ridge embodies the deep roots of a City with a rich history and a strong sense of community. Its central location provides shorts commutes to major interstate highways, the majestic Rocky Mountains, and the amenities of the large metropolitan city of Denver, Colorado. With easy access from I-70, one can be skiing, hiking or participating in a wide range of internationally acclaimed mountain sports in less than an hour. Wheat Ridge “roots” were first established during the Gold Rush of 1859, when the City served as a rest stop for miners headed to mountain gold camps. It was later named Wheat Ridge for the golden ridges of wheat noted by travelers passing along the Overland Trail. As unsuccessful miners returned to the area and began farming the rich, fertile soil, the community began its growth. Wheat fields were converted to fruit orchards and vegetable fields, attracting buyers from across the Denver area. Eventually the fruit and vegetable farming gave way to greenhouses and the largest production of carnations in the world, earning Wheat Ridge the designation of “Carnation City.” In the mid-2000s, Wheat Ridge faced a dearth of economic development opportunities and homeowner investment. Development opportunities that could improve the community’s quality of life, and its tax base, were regularly choosing other nearby cities instead of Wheat Ridge. The City felt that its need for new investment, by businesses and real estate developers and even the City’s own homeowners, was existential in nature. Wheat Ridge was at a crossroads. It was such a critical issue that the City commissioned the first Neighborhood Revitalization Strategy (NRS), which challenged Wheat Ridge to undertake a number of new initiatives and to show its pride by making important investments in itself. With the adoption of the NRS in 2005, growing the city’s quality of life and its tax base, and doing so while improving its competitive position within the Denver region, became top priorities. Between 2005 and 2019, a number of things transpired which now place Wheat Ridge in a very different position: o The City took seriously the recommendations of the NRS and faithfully pursued its implementation. o The metro area went through a historically exceptional period of demographic and economic growth, which had spillover effects in Wheat Ridge. o The City experienced half a generation of demographic turnover, with some households leaving and new ones arriving. In many ways, the central question in a Wheat Ridge economic development strategy today is less “how do we compete?” than “how do we make the most of the assets we have resurrected, nurtured, invested in, grown, and must now optimize?” In 2018 the City undertook an update to the 2005 NRS to develop a strategy for the continued vibrancy of Wheat Ridge. III. Process The Consultant will interface with City Staff to develop and undertake a process to conduct the Economic Development Strategic Planning work. The process should include: • Research and data collection analysis, including economic conditions, demographics and market trends, focused on situating Wheat Ridge within the region; • Community outreach and engagement with City and area leadership and resources, including REQUEST FOR PROPOSALS #23-0129 but not limited to local officials, business leaders, the broader business community, real estate professionals, developers, other community leaders, related economic development entities at the local and regional level, local and regional institutions, and the community at large; • Development of economic development strategies for discussion, review and refinement with City leadership and other collaborating participants through an iterative process; • Development of implementation strategies, tools and communication plan. IV. Objectives The Consultant will document and communicate regional and local economic development trends and issues impacting the City; gather business statistics and other relevant data; and develop recommend policies, programs and initiatives that will stimulate economic growth, facilitate appropriate development, redevelopment and improvements to aging building stock, aid recruitment and retention of businesses, and support the creation of new jobs and related lifestyle opportunities in the City. • Develop an overall economic development strategic plan, including alignment of economic development goals with City financial needs, projected into the future. • Identify development and redevelopment opportunities within the City and develop a prioritization ranking relating to various evaluation factors. • Evaluate and make recommendations for improvements to the City’s project review and approval processes that may support and encourage business investment. • Analyze the City’s existing incentive programs; develop benchmarks; make forward-focused recommendations for updates to incentive programs, including those needed to attract and retain businesses throughout the City. • Provide strategies and identify challenges related to the City’s ability to compete to attract, retain, and expand businesses, including small business development. V. Deliverables Evaluation of Current Conditions and Trends A. Analysis of economic conditions, demographics, market trends and opportunities. B. Analysis of the City’s current development tools and policies and effectiveness of those tools and policies; analysis of additional or revised tools and policies that could be leveraged to support desired outcomes; C. Analysis of development and redevelopment sites that includes data regarding potential for revenue producing activity, focused on the City business corridors and areas; D. Analysis of project review and approval processes, and recommendations for improvement; E. SWOT analysis of the existing economic base(s) and potential future market focuses; REQUEST FOR PROPOSALS #23-0129 Presentation of Community Input Key Finding A. Present key findings from discussions, interviews, surveys, etc. to City leadership. Development of Economic Development Strategic Plan A. Develop, present and discuss possible strategies and tools for achieving desirable outcomes; refine and develop strategies based upon feedback from City core team. B. Provide a clear and communicative final report outlining the process undertaken, discovery content revealed, and related outcome recommendations, strategies, tools, investments and process updates needed, etc. for use as a guiding document for further future economic development strategy execution activities. Development of Implementation Plan A. Assist City Leadership in developing an implementation plan with action steps. Integration with Other Planning Efforts Note: The City of Wheat Ridge is currently out-to-bid to contract with a consultant to provide a comprehensive plan update. The comprehensive plan update will be integrated with several other parallel City projects including an update to the Parks and Recreation Master Plan, Stormwater Master Plan, Sustainability Action Plan, and Residential Waste Engagement Strategy. Each of these projects will likely be on separate paths with checkpoints built in and coordinated across project teams to ensure they are aligned and consistent. A particular focus of the comprehensive plan update will be to coordinate community engagement with these other projects for a user-friendly engagement experience. This will be accomplished with strategies like joint community events, consolidated portals for online community input, and using the Let’s Talk “brand” to thematically organize engagement across these projects (e.g., Let’s Talk Transportation, Let’s Talk Parks, etc.). Working in tandem with these consultants, when possible, will be critical to ensuring that our strategic plan for economic development is crafted using the most recent data, and also offers opportunities for these projects to inform and improve each other as they are developed. If there are opportunities to find cost savings by sharing events, data, or resources between contractors as these reports are developed, please include that in your proposal. REQUEST FOR PROPOSALS #23-0129 VI. Last Date for Questions All inquiries relating to the RFP shall be addressed in writing by email to wmsmith@ci.wheatridge.co.us The RFP number must be referenced in the subject line. If a proposing Consultant submitting a proposal finds discrepancies in or omissions from the RFP, or should require additional clarification of any part thereof, a written request for interpretation shall be submitted to the Procurement Manager at the email address shown above. Any interpretation of, or change made to the RFP, will be made by written addendum to each proposing Consultant, and shall become part of any contract awarded. The City will not be responsible for the accuracy of any oral explanations, interpretations, or representations. It shall be the responsibility of each proposing Consultant to verify that every addendum has been received prior to submitting proposals. All RFP documents including issued addenda shall be obtained from the Rocky Mountain E- Purchasing System site at www.bidnetdirect.com A final addendum shall be issued no later than the date listed below in the Key Dates. All addenda shall be issued via Rocky Mountain E-Purchasing System and shall be found at www.bidnetdirect.com VII. Submittal Date, Location and Opening All proposals must be received by Procurement Manager, City of Wheat Ridge no later than the submittal date and time as listed in the Key Dates Sections. Proposals must be submitted via BidNet plainly marked: Request for Proposals: Economic Development Strategic Plan Key Dates (Subject to Change) Request for Proposal Issued September 18, 2023 Deadline for Questions/Clarifications October 13, 2023 at 2 PM MST Final Addendum Issued October 17, 2023 Proposals Due October 30, 2023 at 2 pm MST Consultant Interviews TBD Anticipated Notice of Award* November 27, 2023 Anticipated Notice to Proceed December 4, 2023 * The Notice of Award is dependent on the completion and approval of a Professional Services Agreement between the City and the Consultant. VIII. Late Proposals and Telegraphic Proposals Late proposals will not be accepted under any circumstance, and any proposal so received shall be returned to the proposing firm unopened. BidNet is the only acceptable repository for submissions. IX. Conditions of Proposal Submittal A. The proposal must be signed by a duly authorized official of the proposing Consultant submitting the proposal. B. No proposal will be accepted from any person, Consultant or corporation that is in arrears REQUEST FOR PROPOSALS #23-0129 for any obligation to the City, or that otherwise may be deemed irresponsible or unresponsive by City staff or City Council. C. All prices quoted by Consultant must be firm for a period of ninety (90) days following the opening of the proposal. D. The City reserves the right to reject any and all proposals or any part thereof. The right is reserved to waive any formalities or informalities contained in any proposal, and to award the proposal to the most responsive and responsible proposing Consultant as deemed in the best interest of the City. E. All costs, including travel and expenses, incurred in the preparation and submittal of this proposal shall be borne solely by the proposing Consultant. F. All proposals shall be prepared in a comprehensive manner as to content, but no necessity exists for expensive binder or promotional material. G. The City reserves the right to request additional information from any Consultant after the submission deadline as necessary to complete the evaluation process. H. The Consultant is required to provide a statement with the proposal indicating that the items will be delivered in accordance with the RFP. I. By submission of the proposal, the proposing Consultant certifies that the proposal has been developed independently and submitted without coordination with any other proposing entity. J. All materials submitted in connection with this proposal become the property of the City. Any and all proposals received by the City shall become public record and shall be open to public inspection after the award of a contract, except to the extent the proposing firm designates trade secrets or other proprietary data to be confidential. All confidential or proprietary information must be marked as such. X. Proposal Requirements The City has established the following set of requirements for this RFP. Please note proposals shall not exceed 40 pages. All Respondents must submit the following: A. Cover Letter A cover letter stating the name, address, and telephone number of the proposing firm, and bearing the signature of the person having the authority to make the Proposal for the proposing firm and bind the firm in a formal agreement with the City. B. Company Information 1. Provide the following information as listed: company name, Address, phone number, and names of principals. 2. Identify the year in which the company was established and began providing consulting services, 3. Describe any pending plans to sell or merge the company, and 4. Provide a comprehensive listing of all services the company provides. REQUEST FOR PROPOSALS #23-0129 C. Staffing Plan A staffing plan detailing all personnel and subconsultants proposed for assignment to the Project team. Also submit resumes with education and work experience for all key personnel. If utilizing subconsultants, list the subconsultants, their area(s) of expertise, and include the resumes of any key subconsultants. Please keep in mind that the City will contract solely with your company; therefore, subconsultant contracts will be the responsibility of the chosen Consultant. D. Proposal Narrative A proposal narrative that defines the approach by which the proposing firm will perform the Scope of Work outlined in this RFP. The narrative should include proposed changes in scope or approach that would better implement the goals of this project. E. Capabilities and Experience 1. Provide specific information regarding your experience and capabilities on similar projects or related services. Focus, to the greatest extent possible, on past or present experience with projects similar to the scope of this Project. Include experience with other past projects with similar characteristics and size to the City which would be of benefit to this Project. 2. Provide a summary of your firm’s in-house capabilities in all disciplines that may be required for this project. Provide the same information for all proposed subconsultants. 3. Provide resumes for key personnel working on the project, including the primary project manager. The City desires to work with one point of contact within the firm. The project manager shall be one individual who shall have the responsibility for coordinating the requirements as set forth in the RFP. 4. Describe your customer service philosophy. 5. List the number of personnel that you will commit to working on this project and the amount of time each person is expected to devote to the project. 6. Provide your understanding of the project and the key issues involved including the public process. 7. Provide a specific timeline or schedule for the work. Show milestones and completion dates on the schedule. 8. Describe the methods and timeline of communication your firm will use with the city staff. 9. Describe any project approaches or ideas that you would apply to this project that you believe would enhance the quality of your services. 10. All final documents including presentations before elected or appointed bodies must be fully ADA compliant. It is the responsibility of the selected consultant to assure these documents meet City requirements. F. Project Schedule A project schedule outlining the major tasks, timeframes, and milestones necessary to complete the project by August 1, 2024. Identify the specific employees and any subconsultants REQUEST FOR PROPOSALS #23-0129 who will be involved in each task. Also include in the timeline items as described in the scope of services. G. Engagement Plan and Presentations A summary of proposed engagement goals and methods that encourage authentic discussions and input. The City will work with the Consultant to identify key organizations and community members. Throughout the project, the Consultant, in partnership with the City, shall conduct public workshops, townhalls, open houses, and other forms of public outreach to gather community feedback on the project. The City estimates a minimum of three meetings; these meetings are not anticipated to all be in-person meetings as utilization of digital meeting formats is encouraged. The Consultant shall collaborate with the City on other methods of engaging and informing the public on the project. Upon the conclusion of the Project, the Consultant is expected to present the findings and recommendation to the City Council for adoption. The Consultant is also expected to work with the Comprehensive Plan consultant in providing a document suited for inclusion in the Comprehensive Plan. H. Fee Schedule and Project Budget A fee schedule detailing the cost for the consulting services and work products listed by task and all reimbursable expenses required to complete the work. If applicable, any subconsultant costs must be shown as separate items. Provide hourly rates for your firm and all subconsultants. I. Relevant Past Project Examples, with References A list and examples of at least three projects of similar scale and scope, preferably from Colorado. Include, at a minimum, the following information: 1. Client organization name and staff contact information, 2. Brief description of project scope and budget, 3. Status of project, and 4. Link to project website or finished project, if available. XI. Evaluation of Proposals The Proposal should be concise and complete, covering all items identified, emphasizing an understanding of the project and the resources needed to perform the intended work. A review committee will evaluate all proposals. Proposals shall be evaluated based on the evaluation criteria noted herein. The committee may select on the basis of the proposals received or may choose to create a shortened list of consultants to be invited for presentations and interviews. The City reserves the right to request additional information from any consultant after the submission deadline as necessary to complete the evaluation process. The Consultant selected will be chosen on the basis of the apparent greatest benefit to the City, and not necessarily on the basis of lowest price. Proposals will be considered only from firms that are well established in an appropriate field, that are financially responsible and that have the resources and ability to provide services in a professional and timely manner. It is understood that the right is reserved by the City to inspect and investigate the business REQUEST FOR PROPOSALS #23-0129 reputation, or other general qualifications, of any firm and to reject any proposal, irrespective of quoted prices, if it is administratively determined to be lacking in any of the essential requirements necessary to assure acceptable standards of performance. Proposals submitted in response to the Request for Proposals shall constitute a binding offer. Acknowledgement shall be indicated by the original signature of a principal legally authorized to execute contractual obligations and shall also signify acceptance of all terms and conditions including compensation, as set forth in the Request for Proposals. The Consultant shall identify clearly and thoroughly any variations between its proposal and the City’s Request for Proposals. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms and/or conditions. The City’s review of proposals will focus in general on the expertise, experience and understanding of the project as evidenced by the project team. XII. Evaluation Criteria The contract shall be awarded to the consultant that best demonstrates the ability to complete the Economic Development Strategic Plan and meets the expectations of the City. All proposals will be evaluated based on the following: A. Completeness and Quality of Overall Proposal The quality of the proposal and the degree to which it demonstrates the Consultant’s full understanding of and the ability to perform the services to be rendered; the content of the proposal demonstrating the Consultant’s full understanding of the Project schedule and budget. Ability to partner with City of Wheat Ridge staff throughout the project. B. Experience of the Project Team The Consultant’s staffing plan and proposed project team, including the experience and resumes of key personnel assigned to the Project; the Consultant’s experience providing services similar to the Scope of Services. Specifically, experience in dealing with City and/or other municipal and governmental agencies in economic development planning projects of similar scale and scope. C. Reputation and Ability to Deliver The quality of the Consultant’s management, reputation, and references; favorable history, if any, in contracting or doing business with City. Ability to complete the project by August 1, 2024. D. Fee and Cost Schedule The Consultant’s fee (not-to-exceed price) structure based on the work to be provided. The City will review all aspects of each proposal submitted and shall recommend the proposal determined most beneficial to the City. The award will be based on the proposal considered most advantageous to Wheat Ridge, price and other factors considered. A. EXHIBITS A sample Professional Services Agreement, which the City of Wheat Ridge intends to use with the selected Consultant, is attached to this RFP and identified as Exhibit A. The Professional Services Agreement may also include other, specialized provisions relating to the timing and performance of tasks outlined in the Scope of Work, compensation, indemnification, etc. Exceptions to the agreement should be identified and included with each respondent’s submittal. Proposed exceptions must not conflict with or attempt to preempt mandatory requirements. REQUEST FOR PROPOSALS #23-0129 ADMINISTRATIVE AND OFFEROR INFORMATION 1. PROPOSAL OPENING, EVALUATION, AND AWARD There is no public opening. Names of each proposer will be posted on the city website. Proposals will be examined after opening and will be evaluated based on the evaluation criteria. The firm selected for the award will be chosen based on the apparent Best Value to the City and not necessarily based on lowest price. The City reserves the right to make multiple awards if deemed in the best interest of the City. No proposal may be withdrawn for a period of sixty (60) calendar days of the Proposal Opening date. 2. SALES AND USE TAXES Don’t include sales or use tax in your proposal, as the City of Wheat Ridge is exempt from City, County, State, and Federal sales and excise taxes. Certificates will be issued upon request. City of Wheat Ridge Sales Tax Exempt: 98-03515 3. PROPOSER QUALIFICATIONS No proposal shall be accepted from and no contract will be awarded to any person, firm, or corporation that is in arrears to the City of Wheat Ridge, upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply or service bid upon and that they have the necessary financial resources to provide the proposed supply or service. 4. RIGHT TO INVESTIGATE The City reserves the right to investigate and confirm the proposer’s financial responsibility. This may include financial statements, bank references, and interview with past consultants, employees, and creditors. Unfavorable responses to these investigations are grounds for rejection of the proposal. 5. NO COMMITMENT BY THE CITY OF WHEAT RIDGE This Request for Proposals does not commit the City of Wheat Ridge to award any costs or to pay any costs, or to award any contract, or to pay any costs associated with or incurred in the preparation of a proposal to this request, or to procure or contract for services or supplies. In acceptance of proposals, the City of Wheat Ridge reserves the right to negotiate further with one or more of the contractors as to any features of their proposals, and to accept modifications of the work and price when such action will be in the best interest of the City. This includes solicitation of a best and final offer from one or more of the proposers. 6. PROPOSAL REPRESENTATION Each proposer must sign the proposal and shall give his or her full business address on the form provided in this proposal. Proposals by partnerships shall be signed with the partnership name by one of the members or by an authorized representative. Proposals by corporations shall be signed with the name of the corporation, followed by the signature and designation of the president, secretary, or other person authorized to bind it in the matter and shall have the corporate seal affixed thereto. 7. ANTI COLLUSION CLAUSE No officer or employee of the City of Wheat Ridge, and no other public official or employee who may exercise any function or responsibilities in the review or approval of this undertaking, shall have any personal or financial interest—direct or indirect—in any contract or negotiation process thereof. The above compliance request will be part of all City of Wheat Ridge contracts for this service. REQUEST FOR PROPOSALS #23-0129 8. INDEMNIFICATION: Contractor hereby indemnifies and agrees to hold the City and its representatives and agents harmless for and on account of any act or omission of the Contractor in the execution and completion of the project specified herein, and this indemnification shall extend to and include Bodily Injury, Property Damage or Personal Injury, including compensatory, economic, punitive or special damages suffer by any person or entity in connection with the project. Contractor agrees to defend the City hereunder and indemnify the City, to include all court costs and attorney’s fees incurred in any defense required to be undertaken by the City as a result of the actions of the Contractor on the project. Notwithstanding the foregoing, nothing contained herein shall be deemed a waiver by the City of any of the protections afforded the City by virtue of the provisions of the Colorado governmental Immunity Act (Colo. Rev. Stat. 24-10-101). 9. INSURANCE: Certificates of Insurance shall be attached to the executed contract documents and shall become part of the contract as information documents only. The certificates shall provide that the insurance shall not be cancelled or terminated prior to completion of the work and that thirty (30) days’ notice shall be given the City prior to cancellation of policies. The Contractor shall maintain a Commercial General Liability insurance policy to protect the Contractor and the City from any and all claims of bodily injury and property damage, including death, which may arise from the Contractor’s operations and completed operations under this Contract, including the work of its subcontractors. The liability policy shall be the primary and non-contributory insurance for such claims and shall not contain any “excess” or “other insurance” clauses which limit its primary coverage. The insurance requirements are as follows: Certificate Holder: City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Required City of Wheat Ridge, its officers and employees must be named as an additional insured to general liability policy. Required All policies as required shall provide a waiver of subrogation in favor of City of Wheat Ridge. Required Workers Compensation - statutory limits provided by an insurance carrier that is licensed to do business in Colorado. The policy shall contain a Waiver of Subrogation on behalf of City of Wheat Ridge. Employer’s liability: $100,000 each accident $500,000 disease policy limit $100,000 disease each employee Required Commercial General Liability $1,000,000 each occurrence $2,000,000 general aggregate $1,000,000 personal injury $2,000,000 products and completed operation aggregate If applicable to the scope of work, the following shall be included: Required REQUEST FOR PROPOSALS #23-0129 -No exclusion for abuse or molestation -No exclusion for assault and battery -Liquor liability Builder’s Risk – The Contractor shall insure 100% of the replacement value of the work and materials installed and delivered, plus the replacement value of the work or materials furnished or delivered but not yet paid for by the City, for the life of the contract on an All-Risk basis, subject to the normal exclusions, terms, and conditions of the standard Builder’s Risk insurance policy with an insurance company or companies acceptable to the City. The Contractor shall be responsible for all damage to the work under construction until acceptance of and release of responsibility for the work to the City. Not Required Commercial Automobile Liability – including owned, hired, and non-owned vehicles. (If autos are used in the performance of work under this agreement). Combined single limit for bodily injury and property damage. $1,000,000 each accident Required Professional Liability/Errors and Omissions $1,000,000 each claim $1,000,000 aggregate Required The insurance requirements specified by the City shall remain in effect for the full term of the contract and/or agreement and any extension thereof. Updated Certificates of Insurance shall be sent to the City during the full term of the contract and/or agreement and any extension thereof. Required Any subcontractors must meet the same insurance requirements for the contract or purchase order unless Procurement has approved a deviation. Required 10. LAWS AND REGULATIONS All applicable State of Colorado and Federal laws, City and County ordinances, licenses and regulations shall apply to the award throughout, and herein incorporated here by reference. The Proposer shall confirm its compliance with the 80% Colorado labor requirement of the Keep Jobs in Colorado Act, H.B. 13-1292, including C.R.S. 8-17-101,et seq. 11. SUBCONTRACTING No portion of this proposal may be subcontracted without the prior written approval of the City. 12. SALES PROHIBITED / CONFLICT OF INTEREST No officer, employee, or member of City Council shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies, or services—where such officer or employee exercises (directly or indirectly) any decision-making authority concerning such sale or has any supervisory authority over the services to be rendered. Soliciting or accepting any gift, gratuity favor, entertainment, kickback, or any items of monetary value from any person who has or is seeking to do business with the City of Wheat Ridge is prohibited. REQUEST FOR PROPOSALS #23-0129 13. MODIFICATION OF AGREEMENT No modification of award shall be binding upon the City, unless made in writing and signed by authorized agents of both parties. 14. CANCELLATION Either party may cancel the award in the event that a petition—either voluntary or involuntary—is filed to declare the other party bankrupt or insolvent, or in the event that such party makes an assignment for the benefit of creditors. 15. TERMINATION OF AWARD FOR CAUSE If through any cause the successful proposer shall fail to fulfill in a timely and proper manner its obligations, or if the successful proposer shall violate any of the covenants, agreements, or stipulations of the award, the City shall thereupon have the right to terminate the award by giving written notice to the successful proposer of such termination—specifying the effective date of termination. In that event, all finished or unfinished services, reports, or other materials prepared by the successful proposer shall—at the option of the City—become its property, and the successful proposer shall be entitled to receive just, equitable compensation for any satisfactory work completed, or prepared documents/materials furnished. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damage sustained by the City by virtue of breach of the award by the successful proposer, and the City may withhold any payments to the successful vendor for the purpose of set-off, until such time as the exact amount of damages due the City from the successful proposer is determined. 16. TERMINATION OF AWARD FOR CONVENIENCE The City may terminate the award at any time by giving written notice to the successful vendor of such termination (specifying the effective date thereof) at least thirty (30) working days before the effective date of such termination. In that event all finished or unfinished services, reports, materials(s) prepared or furnished by the successful proposer under the award shall—at the option of the City—become its property. If the award is terminated by the City as provided herein, the successful vendor will be paid an amount which bears the same ratio to the total compensation as the services actually performed or material of compensation previously made. If the award is terminated due to the fault of the successful proposer, termination of award for cause relative to termination shall apply. 17. EQUAL OPPORTUNITY The successful firm will agree not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry, or physical handicap. It shall be a condition that any company, firm, or corporation supplying goods or services must be in compliance with the appropriate areas of the Americans with Disabilities Act of 1990 as enacted, and from time to time amended, and any other applicable Federal regulation. A signed, written certificate stating compliance with the Americans with Disabilities Act may be required, upon request, by the City. 18. DISADVANTAGED BUSINESS ENTERPRISES Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. As a recipient of Federal funds, subject to United States Department of Transportation Title VI Regulations at 49 CFR Part 21 the Civil Rights Act of 1964, the City of Wheat Ridge and its responsible agents, contractors and consultants assure that no person shall on the grounds of race, color or national origin be excluded from participation in the opportunity to bid or be discriminated against in consideration of award of this project. The Unites States has a right to seek judicial enforcement with regard to any matter arising under Title VI, 49 CFR Part 21. REQUEST FOR PROPOSALS #23-0129 19. COMMON LANGUAGE Unless otherwise specified in this document, all words shall have a common language unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. The words “firm,” “bidder,” “vendor,” “offeror,” “contractor,” “consultant,” and “proposer” refer to any person, partnership, corporation, or other entity. 20. PROPRIETARY INFORMATION The evaluation committee will hold information provided by proposers during the solicitation process in confidence until the date of an award. After that date, proposals will become public record. Proposers may request parts of their proposals to remain confidential and shall indicate as such in the proposal and on the appropriate proprietary or financial pages. All information included in any proposal that is of a proprietary nature must be clearly marked. The City shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposing firm. An entire proposal shall not be considered proprietary. 21. COMPETITIVENESS AND INTEGRITY The Purchasing Office maintains control of its internal and third-party communications during the procurement process to prevent biased evaluations and compromises of confidential information, and to preserve the competitiveness and integrity of such procurement efforts. Proposers should not disclose their pricing to any employees of the City other than the contract representative. Attempts by proposers to establish informal communication channels regarding this procurement will be viewed negatively and shall result in rejection of the offending firm’s offer. 22. PROPOSAL FORMAT All responses to this Request for Proposal shall use the respondent’s format, except for those pages which have blanks to be filled in by the respondent, or those pages marked for return with proposal. A proposal can be rejected by the City if the submitting firm fails to completely fill in all blanks for evaluation of the proposal or fails to answer all questions. Proposal should be submitted initially on the most favorable terms. All proposals shall be prepared in a comprehensive manner as to content; however, no necessity exists for expensive binders or promotional materials. All costs—including travel and expenses incurred in the preparation of this proposal—shall be borne solely by the proposer. 23. PROPOSAL REJECTION AND / OR PARTIAL ACCEPTANCE The City reserves the right to the following: • Reject any and all proposals. • Accept other than the lowest price. • Waive minor defects or technicalities, formalities, and informalities. • Accept in whole or in part such proposal where it is deemed advisable. • Make an award on the basis of the apparent greatest benefit to the City of Wheat Ridge. • Alter the scope of work reasonably and RFQ documents until a contract is executed. 24. GOVERNING LAW The laws of the State of Colorado shall govern any contract executed between the successful contractor and the City. Further, the place of performance and transaction of business shall be deemed to be in the County of Jefferson, State of Colorado. In the event of litigation, the exclusive venue and place of jurisdiction shall be the State of Colorado—more specifically, Jefferson County, Colorado. REQUEST FOR PROPOSALS #23-0129 25. TAXES AND LICENSES BY THE AWARDED CONTRACTOR The contractor shall promptly pay—when they are due—all taxes, excises, license fees, and permit fees of whatever nature applicable to work which it performs under this agreement and shall take out and keep current all required municipal, County, State or Federal licenses required to perform this work. Additionally, the contractor shall furnish the City—upon request—duplicate receipts or other satisfactory evidence showing or certifying to the proper payment of all required licenses and taxes. Contractor shall promptly pay—when due—all bills, debts, and obligations it incurs performing work under this agreement, and to allow no lien, mortgage, judgment, or execution to be filed against land, facilities, or improvements owned by the City. 26. PROMPT PAYMENT DISCOUNTS In determining the most responsive price proposal(s) the City will consider all acceptable proposals on a basis of the net price to be paid after deduction of the discount specified in the respective proposals. Prompt payment discounts allowing less than 10 days for the discount to apply shall not be considered as a cost factor in the evaluation of proposals. In connection with any prompt payment discount offered, time will be computed from date of receipt of a correct invoice to include the receipt and acceptance of performance. 27. ESCALATION All prices/fees/wages offered in response to this RFQ shall be firm against any increase for one (1) year after acceptance by the City. For subsequent periods, it shall be the vendor’s responsibility to notify the City in advance of any anticipated changes in prices and submit a request for a price increase. This City limits price escalation requests to no more than one (1) rate adjustment per contract term. Increases will be considered up to 3% of the original contract value. All increases must be justified in writing. The City reserves the right to reject pricing increases and may choose to resolicit. The City reserves the right to accept or reject the request for a price/fee/wage increase prior to the renewal option period. If the price/fee/wage increase is approved, prices will remain firm for a year from the date of increase, at a minimum. 28. OWNERSHIP OF CONTRACT PRODUCTS All products produced from the awarded contract shall be the sole property of the City. 29. FUNDING There is in effect within the City of Wheat Ridge, Colorado, Section 2-4 of the City’s Code of Laws 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 award. The contractor is specifically advised of this Section 2-4 of the Code of Laws. This contract is specifically subject to the provisions of said Code Section. Funding of this contract for any time period after January 1st of the year succeeding the date of entry of this contract is expressly contingent upon appropriations being made by the City Council of the City of Wheat Ridge, Colorado. No promise—expressed or implied—is made that such funding will be approved by the City Council, acting in its legislative discretion. 30. INDEPENDENT CONTRACTOR The consulting firm is an independent contractor. Notwithstanding any provision appearing in this RFQ, all personnel assigned by the firm to perform work under the terms of this RFQ and any subsequent agreement shall be—and remain at all times—employees or agents of the firm for all purposes. The firm shall make no representation that it is the employee of the City for any reason. 31. EMPLOYMENT OF LABOR The Consultant and each of the approved sub-consultants shall hire qualified workers for the project who REQUEST FOR PROPOSALS #23-0129 are citizens of the Unites States or legal resident aliens with first preference being given, insofar as practicable, to those having served in the armed forces of the United States and having been honorably discharged or released from active duty therein. The Consultant shall employ only competent persons to do the work, and whenever requested in writing by the City Representative, the Consultant shall discharge any person who commits trespass or in, in the opinion of the City Representative, disorderly, dangerous, unfaithful, insubordinate, incompetent or otherwise unsatisfactory. 32. DUE DILIGENCE Due care and diligence have been used in the preparation of this information and it is believed to be substantially correct. The responsibility, however, for determining the full extent to the exposure and the verification of all information shall rest solely with the proposer. The City is not responsible for any errors or omissions in the specification, or for the failure on the part of the proposer in determining the full extent of exposure. 33. DEBRIEFING After the project award has been made, vendors may contact the City Purchasing Agent to request a debriefing on the selection process, as well as a discussion of the strengths and weaknesses of their firm’s proposal. 34. SECURITY ACCESS CARDS The City will issue security access cards to assigned workers. It will be at the discretion of the City to determine if the access cards are issued specifically for each worker, or if a guest card will be issued. 35. COOPERATIVE PROCUREMENT The City of What Ridge encourages and participates in cooperative procurement endeavors undertaken by or on behalf of other governmental agencies including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC). We hereby request that and member of MAPO/CPEC by permitted to avail itself of this contract and purchase as specified by the contract resulting from this solicitation request, at the contract prices established therein. Each governmental entity would establish its own contract, issue its own orders, be invoiced directly, make its own payments and issue its own exemption certificates as required. It is understood and agreed that the City of Wheat Ridge is not a legally binding party to any contractual agreement made between another governmental entity and the successful vendor as a result of this solicitation. The City shall not be liable for any costs or damages incurred by any other entity. 36. VENDOR PERFORMANCE FEEDBACK The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements: a. Work completed on time b. Work completed within budget c. Work completed as per the Scope of Work d. Future awards recommendation THANK YOU FOR YOUR INTEREST IN DOING BUSINESS WITH THE CITY OF WHEAT RIDGE CONTACT: BRAD SEGAL, BRAD@PUMAWORLDHQ.COM | (303) 997-8754 PROPOSAL FOR: CITY OF WHEAT RIDGE, COLORADOECONOMIC DEVELOPMENT STRATEGIC PLAN RFP 23-0129 SUBMITTED BY: PROGRESSIVE URBAN MANAGEMENT ASSOCIATES (P.U.M.A.) WITH ARLAND LAND USE ECONOMICS OCTOBER 30, 2023 Exhibit B CITY OF WHEAT RIDGE ECONOMIC DEVELOPMENT STRATEGIC PLAN - PROPOSAL Page 2 This page intentionally left blank. PROGRESSIVE URBAN MANAGEMENT ASSOCIATESPage 3 CONTENTS A COVER LETTER P. 4 COMPANY INFORMATION P. 5 STAFFING PLAN P. 7 PROJECT APPROACH P. 8 CAPABILITIES & EXPERIENCE P. 13 PROJECT SCHEDULE P. 19 ENGAGEMENT PLAN P. 20 FEE SCHEDULE & PROJECT BUDGET P. 21 PROJECT TEAM RESUMES EXHIBITS - SIGNED DOCUMENTS P. 25 B C D E F G H P. 22 CITY OF WHEAT RIDGE ECONOMIC DEVELOPMENT STRATEGIC PLAN - PROPOSAL Page 4 October 30, 2023 Whitney Mugford-Smith, Procurement Manager City of Wheat Ridge 7500 W 29th Ave. Wheat Ridge, CO 80033 Dear Whitney, On behalf of Progressive Urban Management Associates (P.U.M.A.), I am pleased to submit this proposal in response to the City of Wheat Ridge’s interest in developing a city-wide Economic Development Strategic Plan. Progressive Urban Management Associates (P.U.M.A) is a Denver-based planning and economic development consultancy offering strategic and comprehensive planning, organizational management, and financial expertise to advance economic and community development. Over the past 30 years, P.U.M.A. has assisted clients in more than 300 cities and towns across North America. ArLand Land Use Economics is a Denver-based firm specializing in market and financial feasibility studies and economic benefit and fiscal impact analysis. P.U.M.A. and ArLand have previously collaborated on several metro-area projects, including market analyses and comprehensive neighborhood planning for the City of Denver’s Colfax Area and Near Northwest Plans. Our team offers a unique combination of attributes, including: • A market-based approach and economic development skill sets: P.U.M.A. takes an aspirational yet pragmatic approach to planning. We are known for recommendations that are grounded in market realities, and we make it a priority to understand and assess local market influences, vulnerabilities, and opportunities. • Unmatched depth in economic and strategic planning, nationally and regionally: We have more than 30 years of experience and a unique niche in the economic and community development fields that allows us to draw upon best practices from across the country. We have unparalleled expertise in metro-area, including recent work in Parker, Broomfield, Denver, and many other jurisdictions. • A nimble and dynamic approach to community engagement: P.U.M.A. is intentional and inclusive in our outreach to ensure diverse voices are represented. Our team is seasoned in leading a variety of online and in-person engagement and facilitation processes for consensus-building. • A focus on implementation: P.U.M.A. has a strong track record of creating plans that are actionable, with a focus on detailed tactics for implementation. • Cutting edge research: Since 2007, P.U.M.A.’s Global Trends Report has become a go-to resource for communities throughout the country, offering forecasts on how changing demographics, lifestyles, and disruptions are shaping cities large and small. We will bring our knowledge of emerging national trends from our 2023 Trends Report to inform the Wheat Ridge Economic Development Strategic Plan. • Alignment on a holistic approach: Our team’s philosophy is deeply aligned with the City of Wheat Ridge’s stated objective for a holistic plan that thoughtfully considers equitable approaches to economic prosperity. This is exactly the lens we like to take with projects and the type of planning work we are excited about and passionate to engage with. This proposal outlines the P.U.M.A. team’s unique qualifications, project staff, prior experience and references, and the estimated cost and timeline for this project. We appreciate the opportunity to submit this proposal for your consideration. Please contact me at 303-997-8754 or brad@pumaworldhq.com if I can provide any additional information. Sincerely, Brad Segal, President A - Cover Letter PROGRESSIVE URBAN MANAGEMENT ASSOCIATESPage 5 P.U.M.A. COMPANY OVERVIEW Progressive Urban Management Associates (P.U.M.A.) 1201 E Colfax Ave., Suite 201 Denver, CO 80218(720) 668-9991 www.pumaworldhq.com Year Established: 1989 Brad Segal, President Daniel Makela, Senior Vice President Amanda Kannard, Vice President SERVICES PROVIDED: P.U.M.A. specializes in a range of services including strategic planning, special district formation and renewal, community visioning and action plans, market assessments, and economic resiliency planning. In addition to consulting services, P.U.M.A. is a recognized thought leader in the demographic, lifestyle, and technology trends affecting cities and downtowns, publishing original research in its Global Trends Report since 2007. P.U.M.A.’s service areas are highlighted on the following page. D - Project ApproachB - Company Information ARLAND COMPANY OVERVIEW ArLand Land Use Economics Year Established: 2005 Arleen Taniwaki, Principal (720) 244-7678 www.arlandllc.com SERVICES PROVIDED: ArLand Land Use Economics is a land use economics and planning consulting firm that provides economic, market and financial feasibility studies, economic benefit, fiscal impact analysis, and implementation plans for land use plans (including sub-area, comprehensive plans, regional planning efforts), TOD, and transportation plans. Its findings and recommendations incorporate public policy considerations, opportunities for public- private partnerships, and an understanding of financial tools available for implementation. PROGRESSIVE URBAN MANAGEMENT ASSOCIATES Immersive | Market-Based | Tactical Progressive Urban Management Associates (P.U.M.A.) is a national leader in helping communities and organizations create and sustain thriving places. We advise clients on a wide range of community planning, economic development, organizational management, and financial solutions. DOWNTOWN STRATEGIC PLANS BIDs, DDAs & SPECIAL DISTRICTS VISION & ACTION PLANS ECONOMIC RESILIENCYMARKET ASSESSMENTS & TRENDSCOMMUNITY DEVELOPMENT Utilizing our prior experience working as practitioners in the field, we support downtown management organizations in developing tactical strategic plans to guide their evolution, blending local aspirations with national best practices. For more than 30 years, we have worked across the country to create more than 90 business improvement districts, downtown development authorities, and other districts that collectively generate more than $100 million annually to maintain, market, improve, and activate downtowns and commercial areas. Utilizing our market-based approach, we facilitate broad and inclusive community engagement to create innovative and pragmatic downtown, neighborhood, and corridor plans in cities and towns of all sizes. Building upon a community’s inherent strengths and competitive advantages, we develop tailored strategies for economic growth and resiliency in urban, suburban, and rural settings. Our market assessments blend hard data with stakeholder insights to reveal unique opportunities. We incorporate a national perspective on the forces shaping cities and downtowns, drawing on research from P.U.M.A.’s Global Trends Report. We help solve community development challenges through project feasibility, strategic planning, and community engagement to produce equitable outcomes for organizations, programs, places, and people. CORE VALUES Recognizing that planning is a dynamic process, we are continuously learning and adjusting our approach. As a team, we aspire to bring the following values to each of our projects: »Listen deeply and learn from the people who live and work in the community before drawing conclusions »Build consensus through wide-reaching, inclusive outreach »Promote accessible, equitable physical and social spaces for all community members »Equip ourselves – and our client communities – with data and analysis to inform decision-making »Focus on the “how” in addition to the “what,” so that our plans are actionable and achievable »Diversity, equity, and inclusion are values fundamental to our work and to who we are as individuals. Visit our website to learnmore about our philosophy and approach. PROGRESSIVE URBAN MANAGEMENT ASSOCIATES | 1201 E. COLFAX AVENUE, SUITE 201, DENVER, CO 80218 pumaworldhq.com SERVICES PROGRESSIVE URBAN MANAGEMENT ASSOCIATESPage 7 Brad Segal, president of P.U.M.A., will be the principal-in-charge, overseeing the overall strategy and policy development for the Strategic Plan. Brad will lead community engagement efforts including roundtable facilitation and leadership meetings, including a proposed project Working Group and workshops with City leaders. Brad will also be the senior strategist for the plan, providing guidance for the planning process and developing strategies and policies for implementation. Brad has 35 years of experience in real estate economics, downtown planning, and economic development. Acknowledged as a national expert in urban trends, development, and management, Brad has served four terms on the board of the International Downtown Association and is a past president of Downtown Colorado, Inc.BRAD SEGAL Ethan Greene, project assistant at P.U.M.A., will provide project support for research, engagement, and logistics. Ethan is currently completing his Masters in Urban and Regional Planning at the University of Colorado at Denver and brings experience as a community organizer for AmeriCorps VISTA. ANDREA BUGLIONE Andrea Buglione, senior associate at P.U.M.A., will be the team’s project manager, coordinating project logistics and ensuring smooth communication with the City, as well as facilitating stakeholder outreach and drafting plan documents. Andrea specializes in market research, community engagement, and delivering succinct and actionable implementation plans. She was most recently the project manager for the Town of Parker Economic Playbook strategic planning process and has been integral to similar planning efforts in Denver, Broomfield, Tulsa, Oklahoma, and Flint, Michigan. With a decade of experience in the field, both in municipal economic development and consulting work in cities, neighborhoods, and downtown organizations across the country, she brings a diverse skill set and experience with a wide range of planning processes. PROJECT TEAM The P.U.M.A. team for the Economic Development Strategic Plan includes seasoned economic development and planning practitioners who bring a breadth of experience from similar work in cities and town across Colorado and the nation. The P.U.M.A. team will be joined by Arleen Taniwaki, principal and founder of ArLand Land Use Economics, to add depth in market analytics and land redevelopment strategies. Arleen Taniwaki, principal of ArLand Land Use Economics, will lead the market analysis for the Economic Development Strategy. She will work with the P.U.M.A. team to conduct a comprehensive analysis of existing conditions and trends in the local real estate market, plus help to identify development and redevelopment opportunities. Arleen will also support the project at key junctures in the community engagement and plan development processes. With an extensive background in market-based planning, fiscal analysis, and redevelopment feasibility, Arleen has been active in Denver-area projects spanning from special district formation to transportation studies to comprehensive planning initiatives. Relevant recent projects include the Wheat Ridge I-70 Kipling URA Bond Issuance Market Study, the Wadsworth Widening Economic Impact Analysis, the Denver East and East Central Neighborhood Plans, and the Edgewater Comprehensive Plan. ARLEEN TANIWAKI ETHAN GREENE Full resumes of project team staff are included starting on page 21. Estimated hours for each team member are included in Fee Schedule & Project Budget (H). D - Project ApproachC - Staffing Plan CITY OF WHEAT RIDGE ECONOMIC DEVELOPMENT STRATEGIC PLAN - PROPOSAL Page 8 D - Project Approach PROJECT UNDERSTANDING It is our understanding that the City of Wheat Ridge seeks an experienced consultant to facilitate the creation of a visionary yet implementable economic development strategic plan. This plan will be used to guide decision- making and investments over the next 10 to 15 years, and it will also identify key actions that can be implemented in the more immediate future. The City of Wheat Ridge desires a plan that acknowledges and builds upon existing assets and recent growth to chart a path toward a resilient and economically vibrant future. While increasing the tax base is one of the stated objectives, the plan will also thoughtfully consider strategies that ensure equitable economic outcomes and a desirable quality of life for its residents and businesses. The strategy will be holistic and centered around promoting economic prosperity for all. The economic development strategic plan and accompanying tactical action plan will explore a number of key themes and aspirations for the City of Wheat Ridge, including: • Promote a resilient and thriving economic environment that can weather economic turbulence. • Nurture a competitive workforce and attract, retain, and expand new businesses and primary employment opportunities. • Maintain Wheat Ridge’s small-town identity and foster creative, small businesses. • Increase human and social capital and promote the values of equity, sustainability, and resilience. • Elevate the City’s overall brand in the region and grow the City’s tax base. The plan will take into consideration the following key elements for implementation: • Align economic development goals and strategies with the City’s projected financial conditions. • Identify (and prioritize) key development and redevelopment opportunities. • Evaluate and recommend improvements to the City’s development review and approval processes, incentives, and other internal organizational systems. • Include metrics and benchmarks for key strategies so that progress can be tracked and monitored. The final deliverables will include two key components: the Strategy and the Implementation Plan. The Implementation Plan will be organized by achievable actions for each strategy, sequenced by short-, mid-, and long-term priorities. In addition, the Plan will identify “quick wins” that can be accomplished within the first two years. D - Project Approach PROGRESSIVE URBAN MANAGEMENT ASSOCIATESPage 9 The P.U.M.A. team proposes a four-phased approach to accomplish the goals of the Economic Development Strategic Plan. These four steps are summarized in the sections that follow. First, a summary of the overall project management approach is addressed below. OVERALL PROJECT MANAGEMENT AND COMMUNITY ENGAGEMENT APPROACH Project Management The strategic planning process will be overseen by the P.U.M.A. team’s experienced project manager, Andrea Buglione. Andrea will be the primary point of contact and liaison between the consultant and City, responsible for ensuring the project adheres to the overall schedule. The project manager will ensure consistent communication with the client team, oversee logistics related to stakeholder engagement, and support the delivery of key deliverables. We propose that the City of Wheat Ridge designate a project manager on staff that can work with the P.U.M.A. team to coordinate day-to-day project logistics. We understand that the process will be iterative and will include a number of opportunities to present ideas to community stakeholders and City leadership, particularly at key junctures of plan development. Moreover, we acknowledge that this process and its deliverables will be designed to fit collaboratively within the anticipated comprehensive plan update and other concurrent city-wide planning initiatives. Where possible, we will combine forces with these other projects on engagement, such as community workshops and online portals (e.g., Wheat Ridge’s “Let’s Talk” online engagement platform). The P.U.M.A. team will make market data available for use in the concurrent planning processes as needed. Community Engagement More details about our proposed community engagement methods can be found in Section G. Working Group To advise the consultant team and meet the goal of alignment and consensus among a diverse array of community stakeholders, we propose forming an Economic Development Working Group to be comprised of key civic and business stakeholders that can help shepherd the project in concert with the City staff team. We would plan to meet with the working group several times, facilitating creative workshops that will shape expectations, design, and execution of the Economic Development Strategic Plan. PHASE I: PREPARATION & EXTERNAL CONDITIONS ANALYSIS Preparation & Orientation To officially launch the project, a kick-off meeting with the client and consultant teams is proposed to establish shared expectations of the process, schedule, and other logistics. During this meeting, we will work with the client team to begin identifying key stakeholders and participants that should be invited to interviews and roundtables as well as consider ways to fill gaps on the Working Group if needed. The team will also schedule an initial site tour within the first month of kicking off the project. We envision this as a full-day, client-led tour to help the consultant team become acquainted with and immersed in key commercial corridors and neighborhoods. Existing Conditions Analysis Overview A comprehensive analysis of market data and existing conditions is a core component of this planning process and is intended to understand the myriad economic and political forces that are currently shaping Wheat Ridge. This step will also aim to engage a variety of community stakeholders, including business and civic leaders, property owners, and residents, into the development of the plan. One of the first tasks of Phase I will be a comprehensive review of existing plans and studies. We will work closely with the client team to gain access to all relevant past reports, including any regional plans and studies so that the P.U.M.A. team can begin a review of these materials and start to gain an understanding of existing conditions. Short summaries of these plans, including implications for the Economic Development Strategic Plan, will be provided as a deliverable. An overview of the market assessment and community aspiration elements are described below. PROJECT APPROACH, PHASING, AND DELIVERABLES CITY OF WHEAT RIDGE ECONOMIC DEVELOPMENT STRATEGIC PLAN - PROPOSAL Page 10 Economic Development Research Framework: As we launch into the project and start to outline the market assessment and engagement approaches, we will work with the client to develop a holistic economic development framework that looks at a variety of factors that support the long-term prosperity and sustainability of Wheat Ridge. The framework will include conventional economic development focus areas such as primary employment retention and recruitment, small business support, retail and dining, and enlivening aging corridors. Additional focus areas would likely include workforce development, diverse housing stock, transportation, arts and culture, social equity, and inclusion. The economic development framework will guide our research and help to prioritize recommendations. Market Assessment To understand the market influences affecting Wheat Ridge, P.U.M.A. and ArLand Land Use Economics will conduct a comprehensive market assessment that will serve as the foundation for the strategic plan. This assessment will evaluate Wheat Ridge’s unique assets, advantages, and vulnerabilities, and identify post- pandemic opportunities in key market segments including but not limited to residential, retail, office, and visitation. Working in tandem with the client, up to five peer cities will be selected to compare a range of different economic metrics. Additional detail about what will be included in the proposed market assessment is described below: • Collect and analyze demographic, employment, housing, commercial, tourism, and many other indicators. Evaluate current market dynamics and economic assets, including overall strengths and challenges for the key market segments. • Collect pertinent data and prepare an evaluation of competitive advantages and disadvantages in relation to up to five comparable cities, with a focus on Denver metro markets. • Compare the local market with underlying national trends in demographics, lifestyles, and technology as identified by P.U.M.A.’s 2023 Global Trends Report, and identify specific opportunity areas for Wheat Ridge. • Review the status of development projects and any community planning studies or market reports completed in the past five years. • Undertake a focused evaluation of current land uses, opportunity sites, and likely development prospects for the next five-to-ten-year investment cycle. • Provide a high-level evaluation of market opportunities, positioning strategy, and vision for each of Wheat Ridge’s major commercial areas. Positioning strategies will provide the analytic foundation for subsequent recommendations. Community Aspirations/Priorities To better identify key challenges and opportunities and to ensure that the plan is informed by a wide cross section of community members, a variety of outreach and stakeholder engagement methods are suggested. For this phase of engagement, we propose the following methods: • One-on-one interviews: Facilitate up to 15 one-on- one interviews with leaders from key organizations, influential property owners, businesses, and other individuals that affect Wheat Ridge’s overall economic development. • Roundtables: Conduct up to five facilitated topic- based “roundtables” with community stakeholders to discuss economic opportunities and challenges and identify priorities for improvement and projects. Roundtables may be convened geographically and/or by business type. • Focused engagement: To reach stakeholders who may be under-represented in typical planning processes, we will seek opportunities for targeted engagement. Early in the process, we will identify community organizations that represent key demographics. Focused engagement may include “pop-up” outreach to meet people where they are. • Online survey: To ensure the wider community has a voice in this process, we will develop an online survey in concert with the project Working Group. P.U.M.A. will design, tabulate, and interpret the survey – and we will rely on the City and partner organizations to distribute it through a variety of communication channels. PROGRESSIVE URBAN MANAGEMENT ASSOCIATESPage 11 Physical Framework and Redevelopment Opportunities In addition, this phase of the process will be an opportunity to develop a refined “issues and opportunities” map that pinpoints key redevelopment sites, including areas of focus for housing, commercial investment, and other transformative investment opportunities. Informed by the data gathered from community engagement and fieldwork, the P.U.M.A. team will develop an initial map that illustrates key physical improvements, economic opportunities, and challenges. The physical opportunities map would be presented to the Working Group for their review and the P.U.M.A. team will facilitate an interactive priority-setting exercise. This will help determine which sites area most critical or feasible for development and offer the greatest potential for revenue-producing activity. PHASE I: KEY DELIVERABLES • Past plan summaries • Market Assessment and Summary of current conditions and trends • Presentation of community input key findings • Draft physical framework and redevelopment opportunities map PHASE II: INTERNAL ASSESSMENT An internal assessment is proposed to evaluate the City’s overall capacity to respond to economic development opportunities and challenges. This phase of work will include the following: • A review of existing City economic development program services and incentives, including web- based market information, ongoing stakeholder communications, partner relations, and city staff field work. We will also seek to understand key organizational partners. • Evaluate the City’s development review and approval processes – including interviews with key City staff as well as members of the business and development communities. • Meetings with City staff to review economic development priorities and internal processes for responding to new commercial investment. • Investigation of “best practices” in municipal economic development initiatives: we will look at the various priorities, programs, staffing, and budgets for up to four Colorado peer communities and seek to understand how Wheat Ridge’s economic development functions relate to other cities in the region. PHASE II: KEY DELIVERABLES • Summary of Internal Assessment findings • Draft summary of peer organizational best practices PHASE III: SYNTHESIS & PLAN FRAMEWORK Following the completion of the first two steps, the consultant team will begin to synthesize external and internal findings and prepare a framework for plan. The purpose of the framework is to help illustrate high-level goals, objectives, and strategies that are beginning to emerge. The framework will be informed by findings from the external and internal assessments, including: • A summary of key themes from the external assessment, including community and stakeholder priorities and key market assessment implications. • A summary of key findings from the internal assessment. • Identification of key issues and opportunities, and redevelopment opportunities map. The framework would be reviewed by the Working Group to react to and provide input as the plan begins to take shape. PHASE III: KEY DELIVERABLES • Plan framework document CITY OF WHEAT RIDGE ECONOMIC DEVELOPMENT STRATEGIC PLAN - PROPOSAL Page 12 PHASE IV: DRAFT AND FINAL PLAN The final step of the process will produce the draft Economic Development Strategic Plan document and accompanying Implementation Plan. The P.U.M.A. team will review and refine these deliverables with City staff, community leaders, and collaborative partners. During this phase there will be several opportunities to develop, present, and discuss possible strategies and tools for achieving economic development goals. The consultant team will refine and develop strategies based upon feedback from City core team. The Economic Development Strategic Plan will include the following elements: • Project background and overview of community engagement and market research methodology. • Key themes and priorities from the community outreach process. • Market assessment findings. • Overview of key redevelopment opportunities. • Internal assessment findings with key recommendations to improve departmental practices, development review and approval processes, and incentive programs, including business retention and attraction. • Goals framework that defines the plan’s objectives and corresponding strategies. The Implementation Plan will include the following elements: • Short-, mid-, and longer-term strategies with corresponding tactics, and “quick wins.” • Identification of primary and supporting roles, relative cost, sequencing, and relevant resources for each tactic. • Metrics and benchmarks for monitoring progress. PHASE IV: KEY DELIVERABLES: • Economic Development Strategic Plan • Implementation Plan PROGRESSIVE URBAN MANAGEMENT ASSOCIATESPage 13 RELEVANT PROJECT EXAMPLES The P.U.M.A. team brings a wealth of knowledge and relevant experience supporting similar projects both locally and nationally. This section highlights several recent projects from our portfolio of work in Colorado that are pertinent to the City of Wheat Ridge and its economic development strategic plan scope of work. Parker Economic Strategic Plan (Parker Economic Playbook), 2022 Parker’s Economic Playbook works off a strategic framework that focuses on the three goal areas of jobs & economic opportunity, amenities, and infrastructure. Objectives put forth by the plan include expanding primary employment, increasing support for small businesses, encouraging quality development and places for community gathering, and reinvesting in aging commercial areas. Advance Broomfield: Economic Vitality Strategy, 2020 Advance Broomfield establishes a strategic framework for the future of the city’s regional business centers, commercial corridors, and neighborhood-serving retail nodes, particularly within the context of limited available developable land. Quality of life conditions featured prominently in the plan, which included an assessment of amenities such as retail & dining, arts & culture, health & wellness, and transit & mobility. Neighborhood Planning Initiative: Central Denver Neighborhood Plans, 2018-2023 P.U.M.A. has been the lead consultant for three plans in Denver’s Neighborhood Planning Initiative, including the East, East Central, and Near Northwest Area plans. In total, these three plan areas encompass 14 established neighborhoods with over 120,000 residents. For each Neighborhood Plan, P.U.M.A. led the market, economic, and housing analyses. Additionally, P.U.M.A. designed and supported a community outreach process that engaged thousands of residents to assist in identifying a 20-year vision to guide growth in these neighborhoods. Littleton Downtown Plan DDA Formation, 2022 The City of Littleton hired P.U.M.A. to determine the feasibility of forming an improvement district and to develop a downtown plan in order to create a sustainable organization to unify downtown stakeholders, help finance downtown improvements, and build on the momentum of a major construction project to replace the water main under its Main Street. The planning efforts resulted in a road map for potential future improvements and investment in downtown Littleton as well as the recommendation to create a Downtown Development Authority (DDA) to implement them. I-70 Kipling Urban Renewal Authority Bond Issuance, Wheat Ridge, 2021-2022 ArLand, in collaboration with Piper Sandler, was contracted by the Wheat Ridge Urban Renewal Authority (URA) to conduct a market study and financial analysis to support the URA’s ultimately successful bond issuance of $40 million to help pay for infrastructure and other public improvements throughout the entire URA district. Full project descriptions are included on the following pages. D - Project ApproachE - Capabilities & Experience CITY OF WHEAT RIDGE ECONOMIC DEVELOPMENT STRATEGIC PLAN - PROPOSAL Page 14 In early 2022, the Town of Parker hired P.U.M.A. to develop Parker’s Economic Playbook, a forward-thinking, strategic economic development plan that centers high level goals and objectives with achievable strategies and tactics. Parker’s Economic Playbook works off a strategic framework that focuses on the three goal areas of jobs & economic opportunity, amenities, and infrastructure. Objectives put forth by the plan include expanding primary employment, increasing support for small businesses, encouraging quality development and places for community gathering, and reinvesting in aging commercial areas. In addition, the plan offers a holistic approach to economic development through strategies for workforce development, quality of life improvements, and attainable housing opportunities. The planning process began with a comprehensive market assessment highlighting Parker’s demographics, cost of living, existing job base, and developable land. This was paired with a robust community engagement process that included insights from over 660 community members. P.U.M.A. engaged local leaders from the business community, developers, real estate professionals, elected officials, as well as the community at large through interviews, roundtables, and an online survey. Community priorities and market opportunities gleaned from this process were woven throughout plan recommendations. The team complimented these findings with an internal assessment of Parker’s economic development programs and policies. Key takeaways included streamlining the development review process, reexamining the Shopping Center and Tax & Fee Assistance programs to better align with economic development goals, and promoting the Community Loan Fund. REFERENCE:Weldy FeazellDirector of Economic Development 303.805.3168wfeazell@parkeronline.org PARKER, COLORADO | 2023 TOWN OF PARKER ECONOMIC STRATEGIC PLAN Images provided by the Town of Parker Project budget: $135,000 PROGRESSIVE URBAN MANAGEMENT ASSOCIATESPage 15 BROOMFIELD, CO | 2020 ADVANCE BROOMFIELD: ECONOMIC VITALITY STRATEGY Advance Broomfield is a forward-thinking economic vitality strategy for the City & County of Broomfield, Colorado. P.U.M.A. was hired to facilitate the planning process and deliver a set of innovative, high-level recommendations. The plan marks a shift form conventional business recruitment-based economic development to a more holistic approach. Quality of life conditions featured prominently in the plan, which included an assessment of amenities such as retail & dining, arts & culture, health & wellness, and transit & mobility. The Advance Broomfield community engagement process took place over the course of 8 months and included over 1,000 community participants who were invited to discuss economic opportunities and challenges and to identify priorities for improvements and projects. Nontraditional outreach methods included “pop-ups” at the library and recreation centers. A series of “dashboards” were developed to provide baseline economic data. These dashboards were designed for the continued measurement of key economic indicators over time. Topics included demographics, housing, jobs, manufacturing, retail, hospitality, mobility, and culture. Advance Broomfield establishes a strategic framework for the future of the city’s regional business centers, commercial corridors, and neighborhood-serving retail nodes, particularly within the context of limited available developable land. Opportunities addressed by the plan included: the creation of more housing with diverse price points and unit types, amplifying an amenity base that make Broomfield inviting and distinctive, and emphasizing economic opportunities that promote an inclusive, diverse community. REFERENCE:Jeff RomineDirector of Economic VitalityCity & County of Broomfield303.464.5579jromine@broomfield.org Project budget: $90,000 CITY OF WHEAT RIDGE ECONOMIC DEVELOPMENT STRATEGIC PLAN - PROPOSAL Page 16 DENVER, COLORADO | 2018 - 2023 As part of the City of Denver’s Neighborhood Planning Initiative (NPI), P.U.M.A. has been the lead consultant supporting three of the plans completed to-date, including the East Central and Near Northwest plans that are adjacent to Downtown Denver. All totaled, the three plan areas encompass 14 established neighborhoods with over 120,000 residents. For each Neighborhood Plan, P.U.M.A. led the market, economic, and housing analyses. On East Central, working with MJB Consulting, one of the nation’s leading urban retail experts, we conducted a ground-floor economy assessment and developed recommendations to support neighborhood-serving retail. We have also developed policies to preserve and increase housing affordability. P.U.M.A. designed and supported a community outreach process that engaged thousands of residents to assist in identifying a 20-year vision to guide growth in these neighborhoods. Many non-traditional methods for engaging residents included informal meetings with multiple translators at apartment buildings, Ethiopian cafes, transitional housing shelters, and boys’ clubs, pop-up events at major bus stops, recreation centers, and breakfast drop-ins at motels that provide affordable short-term housing, to name a few. For the Near Northwest Plan, P.U.M.A. has pioneered the use of a team of local Promotoras to seek input from non-English speaking residents. A brief summary of primary recommendations from the plans includes: • Prevent the displacement of small, locally-owned, community-serving businesses. • Ensure a variety of places to live that are affordable to a wide range of families and individuals, including housing connected to services for vulnerable populations. • Allow taller buildings in exchange for community benefits (e.g., affordable housing or open space).• Strengthen the local economy through more job training in local industries like health care.• Improve connections to downtown employment opportunities. • Provide assistance to small businesses during the BRT construction.• Make streets safer for walkers, wheelchair users, cyclists, and bus riders through safer intersections, slower traffic, additional bicycle lanes, and improved connections to bus stops. • Ensure development along Colfax maintains the street’s character through incentives for preservation, adaptive reuse, technical assistance, design guidelines, and flexible regulations. The East and East Central Plans were adopted by City Council in late 2020. The Near Northwest Plan is scheduled for adoption in late 2023. REFERENCE:Sung HanSenior Planner | City and County of Denver720-865-2824sungwon.han@denvergov.org Cheney Bostic, Studio Seed CENTRAL DENVER NEIGHBORHOOD PLANS Project budget: $480,000 PROGRESSIVE URBAN MANAGEMENT ASSOCIATESPage 17 LITTLETON, COLORADO | 2022 LITTLETON DOWNTOWN PLAN AND DDA FORMATION In 2022, the City of Littleton hired P.U.M.A. to determine the feasibility of forming an improvement district and to develop a downtown plan in order to create a sustainable organization to unify downtown stakeholders, help finance downtown improvements, and build on the momentum of a major construction project to replace the water main under its Main Street. The process was driven by stakeholder engagement, bringing together downtown property and business owners in the form of a steering committee to provide overall direction, input on priorities for future investment and services, and to champion the formation of the chosen district if one was deemed feasible. Additionally, the broader community participated in downtown visioning and priority-setting via interviews, roundtables, and a community-wide survey. These efforts resulted in a plan providing a road map for potential future improvements and investment in downtown Littleton as well as the recommendation to create a Downtown Development Authority (DDA) to implement them. Goals and strategies were organized into five main topic areas in the Plan: • Improved parking experience • Well-connected amenities • Beautiful and welcoming environment • Clean and safe spaces • Business-friendly and vibrant experiences. Throughout the process, P.U.M.A. and its legal and urban design partners kept the Littleton City Council and other civic leaders apprised of any progress. The formation of the DDA will go to vote by district electors in November 2022 and, if it is approved, the Plan will be adopted shortly thereafter. REFERENCE:Kathleen OsherDirector of Community ServicesCity of Littleton303-795-3755kosher@littletongov.org Project budget: $150,000 CITY OF WHEAT RIDGE ECONOMIC DEVELOPMENT STRATEGIC PLAN - PROPOSAL Page 18 WHEAT RIDGE I-70 KIPLING URBAN RENEWAL AUTHORITY BOND ISSUANCE: WHEAT RIDGE, COLORADO 2021-2022 ArLand worked with Piper Sandler and the Wheat Ridge Urban Renewal Authority (URA) on a market study and financial analysis to help provide the background documentation which supported the URA’s ultimately successful bond issuance of $40 million. The $40 million will be used to help pay for infrastructure and other public improvements throughout the entire URA district. Prior to the bond issuance of 2021, ArLand helped the URA with preliminary valuations of key redevelopment projects in the URA district. Other relevant previous Wheat Ridge experience includes: 1) an economic impact analysis (sales tax analysis) of the Wadsworth widening on local businesses and 2) the market analysis for Wheat Ridge’s 2009 Comprehensive Plan update. References: Steve Art, Economic Development and Urban Renewal Manager City of Wheat Ridge (303) 25-2806 sart@ci.wheatridge.co.us Mark Westburg, Project Manager, City of Wheat Ridge 303.235.2863 mwestberg@ci.wheatridge.co.us PROGRESSIVE URBAN MANAGEMENT ASSOCIATESPage 19 PROPOSED TIMELINE In order to deliver P.U.M.A.’s four step process that addresses the plan components listed in the RFP, an eight-month process is proposed, as illustrated in the schedule graphic below. We will work with the client team to during the kick- off phase to ensure alignment on the overall schedule and general time frames for key meetings and milestones, with the understanding that flexibility will be needed to accommodate project realties as they evolve, including schedule coordination with parallel planning initiatives. D - Project ApproachF - Project Schedule WORKING GROUP MEETING ONLINE SURVEY Phase 1: Preparation & Existing Conditions Phase 2: Internal Assessment Phase 3: Synthesis & Plan Framework Phase 4: Draft & Final Plan DEC JAN FEB MAR APR MAY JUN JULY AUG 2023 2024 PRESENTATION TO CITY COUNCIL CITY OF WHEAT RIDGE ECONOMIC DEVELOPMENT STRATEGIC PLAN - PROPOSAL Page 20 D - Project ApproachG - Engagement Plan Engagement at a neighborhood event in Denver COMMUNITY OUTREACH GOALS AND APPROACH Inclusive outreach and consensus-building are central components of the Wheat Ridge Economic Development Strategic Plan and core to P.U.M.A.’s approach to strategic planning. P.U.M.A. will work with the client team to provide a range of outreach opportunities to engage with key stakeholders such as property owners, businesses, employees, residents, and civic partners. We propose developing a community engagement strategy memo in the first phase of the process that details the anticipated tactics and engagement timeline, including frequency of in-person versus virtual meetings, as well as an initial list of key civic organizations and individuals that should be engaged with early in the process. Moreover, to reduce redundancies and to maximize community engagement opportunities, we will collaborate with concurrent planning efforts to the greatest extent possible, for example, to offer combined community workshops. Also, with support from the client team and City staff, we can provide content such as project updates, meeting announcements, and interactive polling through Wheat Ridge’s existing online engagement platforms (e.g., Wheat Ridge’s “Let’s Talk” platform). In order to ensure diverse voices are represented -- particularly those individuals who may not be typically included in a planning process -- we propose meeting with representatives from key civic, cultural, and social support organizations early in the process to understand how to best include those constituents, and ensure the outreach process is designed to be as inclusive as possible. Through in-person and virtual engagement methods, the P.U.M.A. team will connect with stakeholders to identify key issues and to better understand priorities and aspirations for Wheat Ridge. The following methods are proposed, which will be spelled out in greater detail through the aforementioned community engagement strategy memo delivered in the first project phase. • Interviews and Roundtables: Individual interviews and roundtables with key stakeholders, with roundtable meetings organized by geography or topic area. In addition to business leaders, real estate experts and developers, and civic leaders, we will also want to conduct interviews with local and regional economic development entities and key institutional leaders early in the process. • Online Community Survey: We will rely on the client team and partner stakeholders to help broadly distribute an online survey that will be developed to hear a variety of perspectives and will help confirm priorities cited by key stakeholders through interviews and roundtables. • Nontraditional Engagement: To connect with underrepresented community members or stakeholders that might not typically participate in traditional planning outreach methods, we will first seek to understand the nuances of the community’s varied demographics. In P.U.M.A.’s past work, we have utilized a variety of “non- traditional” outreach methods including interactive pop-up at recreation centers and community events, providing childcare, translation services, and culturally relevant food at meetings, and utilizing a “promotora” model that empowers community liaisons to encourage participation from their neighbors and fellow community members. In addition to check-ins with the Working Group and client team to share outreach themes as they emerge from interviews, roundtables, and the survey summary, we propose at least one presentation to City Council to share community engagement themes once they have been synthesized, likely in Phase III of the process. PROGRESSIVE URBAN MANAGEMENT ASSOCIATESPage 21 D - Project ApproachH - Fee Schedule & Project Budget P.U.M.A. Sub- consultant Segal Buglione Greene ArLand TASK Hrs Rate Hrs Rate Hrs Rate Total TOTAL Project Management 50 150 $7,500 Phase I: Preparation, Existing Conditions & Priorities Preparation & Orientation 10 225 20 150 30 85 $7,800 Market Assessment 10 225 25 150 $15,000 $21,000 Community Aspirations/Priorities 30 225 40 150 25 85 $2,500 $17,375 Redevelopment Opportunities 20 225 20 150 20 85 $5,000 $14,200 Phase II: Internal Assessment 15 225 20 150 25 85 $8,500 Phase III: Synthesis 15 225 25 150 25 85 $1,500 $10,750 Phase IV: Draft and Final Plan 25 225 50 150 40 85 $1,500 $18,025 TOTAL 125 225 250 150 165 85 $25,500 $105,150 The following fee schedule offers an estimate of project costs and reflects current hourly rates for members of the P.U.M.A. team. This estimate would be further refined along with a detailed scope of services if we are selected to work with the City on the project. CITY OF WHEAT RIDGE ECONOMIC DEVELOPMENT STRATEGIC PLAN - PROPOSAL Page 22 PROGRESSIVE URBANMANAGEMENT ASSOCIATESPROGRESSIVE URBANMANAGEMENT ASSOCIATES BRAD SEGAL PresidentReal Estate Economics | Strategic Planning | Leadership Facilitation | Public Engagement |Community Development Finance | Equitable Communities EXPERTISE Brad Segal, who founded P.U.M.A. in 1993, has more than 30 years of experience in downtown management and community development as both a practitioner and consultant. A self-proclaimed “urban therapist,” Brad is one of the nation’s leading authorities on downtown trends and issues, reinventing downtown management organizations, forming business improvement districts and pioneering efforts to create healthy communities. Representative projects include: • Building consensus and forming business improvement districts in Santa Monica, CA; Cleveland, OH; Oklahoma City, OK; San Antonio, TX; and Grand Junction, CO • Directing the public process and developing market-based downtown plans in Lincoln, NE; Evansville, IN; Norfolk, VA; Reno, NV; and Greeley, CO • Creating strategic plans to guide center city public/private partnerships in Colorado Springs, CO; Washington, DC; Pasadena, CA; Newark, NJ; and Nassau, Bahamas • Designing and implementing community-based economic development strategies for New Haven, CT; Wailuku, HI; Boulder, CO; Milwaukee, WI; and Denver, CO PAST EXPERIENCE Senior Director, Downtown Denver Partnership, Inc., Denver, CO, 1987-1993Designed and managed business development and marketing programs to attract jobs and investment to downtown Denver. Highlights included directing the Lower Downtown Business Support Office, which is credited with helping to revitalize Denver’s premier urban historic district, and being part of the management team that re-engineered the Downtown Denver Partnership’s operations, structure and organizational culture. Associate Director, Port Morris Local Development Corporation, South Bronx, NY, 1984-1985Formed and managed a local development corporation to pursue industrial revitalization and represent 450 businesses. Housing and Economic Development Coordinator, City of Martinez, CA, 1979-1983Directed the commercial revitalization of a 10-block Main Street area. SELECTED RECOGNITION & AFFILIATIONS Honors:Awarded the CRE professional designation by Counselors of Real Estate, 2019 International Downtown Association President’s Award for sustained leadership and generosity in producing the P.U.M.A. Global Trends Report, 2014 Recognized by the International Downtown Association for work performed as a volunteer for Historic Denver for formation of the Downtown Denver Historic District, 2001 Named Entrepreneur of the Year for the Rocky Mountain region in the category of Supporter of Entrepreneurship, sponsored by Inc. Magazine, Ernst & Young and Merrill Lynch, 1992 Professional Affiliations:International Downtown Association, Board Member (1998-2004 and 2010-2016)Downtown Colorado Inc, Board Member (2000-2009) and President (2007-2008)All In Denver, Co-Founder and Board Member (2016-present) Urban Land Institute Featured Speaker: Frequent workshop presenter and panelist in conferences sponsored by the International Downtown Association, National Main Street Center, American Planning Association, California Downtown Association and Downtown Colorado, Inc. Lecturer: Teach urban revitalization strategies course at the University of Colorado Denver Graduate School of Architecture and Planning (2012-present) Expert Witness: Testimony in support of community planning and development approach to congressional redistricting, State of Colorado, October 2011 EDUCATION Master of Business Administration, Columbia University, NYBachelor of Arts in Urban Analysis, University of California at Berkeley D - Project ApproachProject Team Resumes PROGRESSIVE URBAN MANAGEMENT ASSOCIATESPage 23 PROGRESSIVE URBANMANAGEMENT ASSOCIATESPROGRESSIVE URBANMANAGEMENT ASSOCIATES ANDREA BUGLIONE Senior AssociateProject Management | Economic Development | Market Assessments | BIDs | Mapping | Design EXPERTISE Andrea Buglione is a creative and multi-disciplinary urban planning and economic development practitioner with more than ten years of experience in a wide range of urban, suburban, and rural settings. Her strengths include writing strategic plans for downtown management organizations, consensus-building, preparing visually appealing reports, maps, and graphics, and delivering tactical and implementable strategies. As a senior associate with Progressive Urban Management Associates since 2016, Andrea supports the firm’s economic development and downtown planning efforts through project management, stakeholder engagement, plan design and development, and market analysis. Prior to joining P.U.M.A., she worked in the public sector as a municipal planning practitioner. Representative P.U.M.A. projects include: • Project management for citywide and downtown economic development strategies, including Parker, CO, Flint, MI, and Broomfield, CO. • Quantitative data analysis and market research for downtowns and districts, including Norfolk VA, Cedar Rapids, IA, Flint, MI, and Tulsa, OK. • Facilitating and synthesizing extensive stakeholder outreach for downtown master plans and organizational strategic plans including Cedar Rapids, IA, Greeley, CO, Long Beach, CA, Oklahoma City, OK, New Haven, CT, and Oakland, CA. • Project management and plan development for regional and small-town community resiliency projects, including Montezuma County and La Junta, CO. • Support BID and special district formation and renewal, including Downtown Parker, CO. • Provided marketing, technical assistance, and strategic oversight for the Colorado Fresh Food Financing Fund (CO4F), a grant and loan fund for healthy food retailers in underserved communities (2016-2023) PAST EXPERIENCE Director of Community and Economic Development, Town of Athol, Athol, MA, 2013-2015Managed community grants for housing rehabilitation, infrastructure, and energy efficiency. Facilitated public meetings to catalyze revitalization projects. Served as the town’s principal liaison to regional planning entities to support investment in rural tourism and infrastructure. Oversaw local district improvement financing and redevelopment projects. MassLIFT Regional Conservation Coordinator, AmeriCorps, Athol, MA, 2012-2013Provided GIS and outreach services to municipalities undergoing open space and recreation plans. Educated landowners about conservation options and developed site-specific proposals. Co-authored a research publication that merges ideas on conservation, compact residential design, economic development, and rural tourism. Community Planning Intern, Montgomery County Planning Commission, Norristown, PA, 2012Assisted with development of township sustainability plans, including research on food access, commuting patterns, and environmentally preferable purchasing. Assisted with FEMA floodplain mapping and analysis. Analyzed adaptive reuse potential of vacant school facilities. Sustainable Development Intern, City of Binghamton, Binghamton, NY, 2011Drafted stormwater management zoning and a green infrastructure guidebook. Planned urban agriculture districts with input from community members. Assisted with land use and transportation research for a Climate Action Plan. AFFILIATIONS American Planning Association Downtown Colorado, Inc. EDUCATION Master of Community and Regional Planning, University of Pennsylvania, PABachelor of Arts in Government, Smith College, MAUniversidad de Cordoba, Cordoba, Spain, semester study CITY OF WHEAT RIDGE ECONOMIC DEVELOPMENT STRATEGIC PLAN - PROPOSAL Page 24 ARLEEN TANIWAKI PRINCIPAL Recent Relevant Projects Wheat Ridge I-70 Kipling URA Bond Issuance Market Study, Wheat Ridge Wadsworth Widening Economic Impact Analysis, Wheat Ridge Wheat Ridge Comprehensive Plan Market Analysis, Wheat Ridge Denver East and East Central (Colfax Avenue) Neighborhood Plans, Denver Edgewater Comprehensive Plan (ongoing), Edgewater Arapahoe Urban Center District Regulating Plan, Centennial Education Master of City Planning, University of California, Berkeley Bachelor of Arts, Political Science, University of California, Los Angeles Colorado Real Estate Broker (currently inactive) UC Berkeley MBA Extension Course in Real Estate Feasibility Analysis Community Board Member, Habitat for Humanity of Metro Denver Board Member, Radian Urban Land Institute Women’s Transportation Seminar (WTS) EXPERIENCE SUMMARY Arleen Taniwaki is a land use economist and planner with extensive experience in market-based land use economics, transportation planning, city planning, economic analysis, real estate development, and finance. Economic Development Strategic Planning – Ms. Taniwaki has worked on a number of analysis and plans focusing on small business gaps, small business development, downtown development, and catalytic redevelopment. Her work includes identifying strategic recommendations and implementation steps for moving forward. Planning and Finance - Ms. Taniwaki provides financing strategies for real estate development projects and land use planning implementation. She has a broad understanding of the variety of financial tools available for projects and for municipalities and has quantified the financial feasibility of tools including urban renewal and special districts. Market and Feasibility Analysis – Ms. Taniwaki conducts market and feasibility studies for land use and development plans for public and private agency clients. Her work encompasses population and employment growth projections, as well as an analysis of potentials for residential and commercial development. Her technical expertise extends to retail, office, single and multi-family residential, industrial, hotels, and other industry segments. Economic and Fiscal Analysis – Ms. Taniwaki conducts economic impact analysis, fiscal impact analysis, cost-benefit analysis and sensitivity analysis in support of land use and transportation projects and plans. In her economic impact projects, she has incorporated the use of regional multipliers in order to analyze the potential regional benefit of a potential project. She has also quantified the specific impacts of project acquisitions where she has interviewed property owners / businesses and enumerated potential jobs, salaries, revenues, property, sales taxes and other impacts PROGRESSIVE URBAN MANAGEMENT ASSOCIATESPage 25 D - Project ApproachEXHIBITS CITY OF WHEAT RIDGE ECONOMIC DEVELOPMENT STRATEGIC PLAN - PROPOSAL Page 26 PROGRESSIVE URBAN MANAGEMENT ASSOCIATESPage 27 CITY OF WHEAT RIDGE ECONOMIC DEVELOPMENT STRATEGIC PLAN - PROPOSAL Page 28 PROGRESSIVE URBAN MANAGEMENT ASSOCIATESPage 29 CITY OF WHEAT RIDGE ECONOMIC DEVELOPMENT STRATEGIC PLAN - PROPOSAL Page 30 SEPTEMBER 13, 2023 PROPOSAL FOR CITY OF WHEAT RIDGE, COLORADO ECONOMIC DEVELOPMENT STRATEGIC PLAN SUBMITTED BY: RFP 23-0129 OCTOBER 30, 2023 City of Wheat Ridge: Economic Development Strategic Plan Estimated Fees -- Revised Jan 02, 2024 Prepared by Progressive Urban Management Associates, Inc. Sub-consultant Arland TASK Hrs Rate Hrs Rate Hrs Rate Total TOTAL Project Management 40 150 6,000 Phase I: Preparation, Existing Conditions & Priorities Preparation & Orientation 10 225 20 150 20 85 6,950 Market Assessment 10 225 25 150 14,025 20,025 Community Aspirations/Priorities 30 225 45 150 30 85 2,500 18,550 Redevelopment Opportunities 20 225 20 150 5,000 12,500 Phase II: Internal Assessment 10 225 25 150 25 85 8,125 Phase III: Synthesis 15 225 25 150 25 85 1,000 10,250 Phase IV: Draft and Final Plan 25 225 50 150 35 85 1,500 17,600 TOTAL 120 225 250 150 135 85 24,025 100,000 PUMA Segal Buglione Greene Exhibit C ITEM NO: 8 DATE: January 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 04-2024 – A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT AMONG CITY OF WHEAT RIDGE AND LONGS PEAK METRO DISTRICT REGARDING PROSPECT TRAIL IMPROVEMENTS AT CLEAR CREEK CROSSING PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO Community Development Director City Manager ISSUE: The Longs Peak Metropolitan District (LPMD) will be constructing a trail connection along the west side of Clear Creek Crossing with City funding. This Intergovernmental Agreement (IGA) outlines the responsibilities of the City of Wheat Ridge and LPMD, as it pertains to funding and timing of the trail construction. PRIOR ACTION: In March 2018, City Council approved a zone change for a portion of the property from PCD to Planned Mixed Use Development (PMUD) to facilitate a mix of retail, residential, and employment uses on the site which included the approval of the accompanying Outline Development Plan (ODP) which requires a trail connection on the west side of the property. See Exhibit 1. In June 2019, City Council approved the Clear Creek Crossing Subdivision Filing No. 3, establishing the final configuration of right-of-way and major lots to prepare the site for development. This subdivision is included as an attachment to the IGA. See Exhibit 4. FINANCIAL IMPACT: Council Action Form – LPMD Prospect Trail Improvements IGA January 8, 2024 Page 2 Construction of the trail is a partnership between the City, Urban Renewal Authority, Prospect Park Recreation District, Jefferson County Open Space and LPMD. As a partner on this regional trail connection, a total of $150,000 from Urban Renewal Authority (URA) bond funds will be contributed towards the trail in an effort to facilitate the trail construction. BACKGROUND: The Clear Creek Crossing PMUD zoning and subdivision identify a regional trail connection within an easement along the west side of Clear Creek Crossing, which traverses three private development sites and fills a major gap in the regional trail system. The private development sites include a Lifetime Fitness furthest south, a restaurant and park corridor between, and a Hampton Inn hotel furthest north. Lifetime Fitness and Hampton Inn are currently under construction, and a Specific Development Plan application was recently received by staff for the restaurant/park corridor abutting the trail. The second phase of Outlook apartments is also under construction to the north and is impacted only to the extent that the northernmost portion of the trail provides the primary ADA access route to the Outlook II site. A fourteen-foot (14’) trail easement was established in anticipation of the subject trail in 2016 and amended in 2019, which identifies Prospect Parks and Recreation District (Prospect) as owner of the easement. The easement is currently being amended to reflect the updated trail alignment based on actualized improvements. Applewood Sanitation District (ASD) has easements that underlie or parallel the trail, so they are also impacted and need to agree to the alignment and issues such as construction access. A separate IGA is in progress between LPMD, Prospect, and ASD to clarify short and long-term obligations wherein LPMD is responsible for the initial construction of the trail, Prospect is responsible for long-term maintenance, and ASD is allowed to access and maintain their sanitary system beneath the trail. Before the site was rezoned to PMUD, the City had no part in the trail except to encourage its development. The 2018 ODP established the requirement for the primary trail connection along the west side of Clear Creek Crossing in alignment with the established trail easement. The City originally interpreted this to require each section of the trail to be completed with adjacent site development and therefore by individual developers. In September of 2021, Evergreen (master developer) and LPMD asked the City to help coordinate the many involved entities and they sought assistance to make the trail happen in a more wholistic (rather than incremental) approach. To that end, $150,000 in URA bond funds will help fund the trail’s construction under the condition that all of the subject trail segment that lies within Clear Creek Crossing be constructed at one time. The subject IGA will require LPMD to construct the trail continuously in one phase and by November 1, 2024, as opposed to the previous approach that would have required individual developers to construct in segments where adjacent to active site development. Pending approval of the IGA, private agreements with Prospect and ASD, and approval by the City of the associated civil construction plans, LPMD intends to be under construction for the trail by February of 2024. Council Action Form – LPMD Prospect Trail Improvements IGA January 8, 2024 Page 3 Of note, Prospect received a grant in 2022 from Jefferson County Open Space to construct another segment of the trail outside of Clear Creek Crossing, further connecting the trail through the Coors Pond property and Applewood Golf Course to the west (see Exhibit 2), which will ultimately complete the gap and connect the trail to 32nd Avenue to the south and the Pikes and Plains trail to the north. The segment that Prospect is responsible for is running on a similar approval timeline, and it is likely that the Clear Creek Crossing and Coors Pond/Applewood Golf Course/32nd Avenue trail segments will be under construction at or around the same time. Prospect and LPMD have been closely coordinating on this venture. RECOMMENDATIONS: Staff recommends approval of the resolution and associated Intergovernmental Agreement with LPMD. RECOMMENDED MOTION: “I move to approve Resolution No. 04-2024, a resolution approving an Intergovernmental Agreement among City of Wheat Ridge and Longs Peak Metro District regarding Prospect Trail Improvements at Clear Creek Crossing.” Or, “I move to postpone indefinitely Resolution No. 04-2024, a resolution approving an Intergovernmental Agreement among City of Wheat Ridge and Longs Peak Metro District regarding Prospect Trail Improvements at Clear Creek Crossing, for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Stephanie Stevens, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 04-2024 2. Trail Segment Diagram 3. Clear Creek Crossing Planned Mixed Use Development ODP 4. Intergovernmental Agreement with LPMD CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 04 Series of 2024 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH LONGS PEAK METROPOLITAN DISTRICT FOR CONSTRUCTION OF A REGIONAL TRAIL WHEREAS, the Longs Peak Metropolitan District (LPMD) has agreed to construct a recreational trail in connection with the Clear Creek Crossing development located within the City; and WHEREAS, the exact location of the trail is detailed in the Agreement; and WHEREAS, the City of Wheat Ridge has agreed to provide a contribution in the amount of $150,000 to encourage the trail’s construction, as outlined in the Agreement; and WHEREAS, LPMD agrees to construct the trail in one phase and within the timeframes set forth in the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The Intergovernmental Agreement between the City and the Longs Peak Metropolitan District attached hereto as Exhibit A, is hereby approved. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 8th day of January 2024. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 3 Howell Connector 32nd Ave. Trail Segment 1Segment 1 Segment 2 Segment 3 Peaks to Plains Trail Segment 4 (existing) Multipurpose Trail (existing) Multipurpose Trail (existing) j� 1� d� �1' j � i C<tt' � d) _Q j C. �· � - � T: � I er C -� � ell -�\� • • f ·J cfJp CLEAR CREEK CROSSING PMUD - AMENDMENT NO. 1 AN OFFICIAL OUTLINE DEVELOPMENT PLAN AMENDMENT OF THE CITY OF WHEAT RIDGE, COLORADO A PARCEL OF LAND, LOCATED IN THE SE¼ OF SECTION 19, THE SW¼ OF SECTION 20, THE NW¼ OF SECTION 29, AND THE NORTHEAST¼ QUARTER OF SECTION 30, T 3 S, R 69 W, OF THE SIXTH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO LEGAL DESCRIPTION LOTS 1 AND 2, BLOCK 1; LOTS 1 AND 2, BLOCK 2; LOT 1, BLOCK 3; LOTS 1, 2 AND 3, BLOCK 4; AND TRACTS A AND B; CLEAR CREEK CROSSING SUBDIVISION FILING NO. 2, COUNTY OF JEFFERSON, STATE OF COLORADO TOTAL AREA OF ALL PARCELS= 4,791,287 SQ. FT. (109.993 ACRES) MORE OR LESS NOTE: THE PROPOSED PLANNING AREA LAND VALUES HEREIN HAVE BEEN ADJUSTED TO ACCOUNT FOR THE REVISED ROW DEDICATION. CHARACTER OF DEVELOPMENT THE CLEAR CREEK CROSSING MIXED USE DEVELOPMENT IS INTENDED TO PROVIDE THE CITY OF WHEAT RIDGE WITH A DESTINATION DEVELOPMENT THAT PROVIDES A WIDE RANGE OF USES TO HELP GROW THE CITY'S COMMERCIAL, RESIDENTIAL, AND EMPLOYMENT BASES. THROUGH THE USE OF UNIFYING DESIGN ELEMENTS, INCLUDING ARCHITECTURAL STYLE, LANDSCAPE DESIGN, URBAN DESIGN WITH SPECIAL ATTENTION PAID TO ITS PUBLIC SPACES, THIS PROJECT IS ENVISIONED TO BE UNIQUE AND AUTHENTIC IN ITS USES AND ARCHITECTURAL STYLE, WHILE STILL PROVIDING A COHESIVE EXPERIENCE FOR THE USER THE OVERALL PROJECT WILL FOCUS ON CREA TING STRONG SENSE OF PLACE THAT PROTECTS THE CULTURAL HERITAGE AND PROMOTE CULTURAL AWARENESS AND STRONG KINSHIP TIES. CLEAR CREEK CROSSING WILL CELE BRA TE THE INTRINSIC VALUES THAT DEFINE THE CITY OF WHEAT RIDGE AND WILL EMBRACE THE SIMPLE BEAUTIES OF THE LANDSCAPE IN AN AUTHENTIC GESTURE. THE OVERALL DESIGN THEME FOR THE PROJECT IS A MODERN AGRARIAN DESIGN AESTHETIC THAT BLENDS TRADITIONAL AGRARIAN FORMS AND MATERIALS WITH MODERN ARCHETYPES AND USERS. TO ACCOMPLISH THIS THEMING WITHIN THE DISTINCT LAND USES WITHIN THE PROJECT, A GROUP OF DISTRICTS HAVE BEEN ESTABLISHED TO ALLOW A UNIQUE TREATMENT FOR EACH LAND USE WHILE MAINTAINING COHESIVE DESIGN ELEMENTS THROUGHOUT ALL DISTRICTS. THE PROJECT IS ENVISIONED TO BE ONE GROWN FROM THE EARTH WITH A STRONG EMPHASIS ON THE BASE PLANE AND THE BUILDINGS INTEGRATION WITH THE SITE AND SURROUNDING CONTEXT. WITH THE SITE'S PROXIMITY TO CLEAR CREEK, ALONG WITH THE RICH HISTORY OF THE AREA, THE OVERALL CHARACTER OF THIS DEVELOPMENT WILL FOCUS ON A STRONG CONNECTION TO THE CREEK THROUGH THE USE OF TRAIL NETWORKS, SIGNAGE, WAYFINDING GRAPHICS, AND OTHER SITE AMENITIES. THIS DEVELOPMENT WILL FOCUS ON A COMMUNITY DRIVEN APPROACH, ACCOMPLISHED BY CREATING CONNECTIONS TO THE SURROUNDING NEIGHBORHOODS FOR EASY ACCESS INTO THE SITE, UNIFYING DESIGN ELEMENTS, AND PROVIDING NUMEROUS OPPORTUNITIES TO SHOP, LIVE, WORK, AND PLAY WITHIN THIS DEVELOPMENT. GENERAL NOTE THIS OUTLINE DEVELOPMENT PLAN IS CONCEPTUAL IN NATURE. SPECIFIC DEVELOPMENT ELEMENTS SUCH AS SITE LAYOUT AND BUILDING ARCHITECTURE HAVE NOT BEEN ADDRESSED ON THIS DOCUMENT. AS A RESULT, A SPECIFIC DEVELOPMENT PLAN MUST BE SUBMITTED AND APPROVED BY THE CITY OF WHEAT RIDGE PRIOR TO THE SUBMITTAL OF BUILDING PERMIT APPLICATION AND ANY SUBSEQUENT SITE DEVELOPMENT. EXPLANATION OF AMENDMENT CASE NO. WZ-19-09 IS AN ADMINISTRATIVE MODIFATION OF THE BOUNDARY BETWEEN PLANNING AREA 1 AND PLANNING AREA 2. THE REVISED BOUNDARY ACCURATELY REFLECTS THE PARCEL AND OWNERSHIP BOUNDARIES AND COINCIDES WITH THE SOP BOUNDARY FOR PA 1. CASE NO. WZ-19-10 IS AN AMENDMENT OF THE MAXIMUM HEIGHT IN PLANNING AREA 1; THIS DEVELOPMENT STANDARD IS IN THE DESIGN PATTERN BOOK CASE HISTORY ANX-05-01, SUP-05-01, WZ-05-01, WZ-05-02, SUP-05-04, SUP-06-05, WZ-06-03, WS-06-01, MS-06-09, MS-06-10, SUP-10-01, ANX-11-01, WZ-11-01, WZ-11-02, WS-11-01, WZ-16-07, WZ-19-01, MS-19-02, WZ-19-09, WZ-10-10 SHEET INDEX 01 COVERSHEET 02 LAND USE MAP PROJECT TEAM PREPARED FOR: EVERGREEN -CLEAR CREEK CROSSING, L.L.C. 1873 S. BELLAIRE STREET SUITE 1200 DENVER, CO 80222 ENGINEER: MARTIN/MARTIN 12499 WEST COLFAX AVENUE LAKEWOOD, CO 80215 PLANNING & LANDSCAPE ARCHITECTURE: NORRIS DESIGN 1101 BANNOCK STREET DENVER, CO 80204 SITE PLANNING: GALLOWAY 6162 S. WILLOW DRIVE, SUITE 320 GREENWOOD VILLAGE, CO 80111 VICINITY MAP 4oth Ave. YOUNGFIELD St. 58 CITY CERTIFICATION "'; .-.--. APPROVED BY THE CITY OF WHEAT RIDGE THIS.22.: DAY OF 0 "'-0:f , ),@. CITY ATTE.ST i/:t · �� MAYOR JEFFERSON COUNTY CLERK & RECORDER STATE OF COLORADO ) ) ss COUNTY OF JEFERSON ) APPLEWOOO GOLF COURSE YOUNGFIELD SERVICE ROAD NORTH NTS I HEREBY CERTIFY THIS PLAN WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND �ECORDED OF JEFFERSON COUNTY ATGOLDEN, COLORADO, AT lf?J:o· cLocK_fr_.M. ON THE�AY OF R7 11e,+ .,:,o'2t\ , A.D., 1N BOOK_,PAGE_, RECEPTION NO. QOd009$ ':j"1 � . �..i..&1.AOJ 1/. 8.,�'tA'vJEFFERSON co&;TY CLERK AND RECORDER BY: �4 v{7�� DUTY OWNER'S CERTIFICATE UNIFIED CONTROL STATEMENT THE BELOW-SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S) THEREOF, DO HEREBY AGREE THAT THE PROPERTY LEGALLY DESCRIBED HEREON WILL BE DEVELOPED AS A PLANNED DEVELOPMENT IN ACCORDANCE WITH THE USES, RESTRICTIONS AND CONDITIONS CONTAINED IN THIS PLAN, AND AS MAY OTHERWISE BE REQUIRED BY LAW. I (WE) FURTHER RECOGNIZE THAT THE.APPROVAL OF REZONING TO PLANNED DEVELOPMENT, AND APPROVAL OF THIS OUTLINE DEVELOPMENT PLAN, DOES NOT CREATE A VESTED PROPERTY RIGHT. VESTED PROPERTY RIGHTS MAY ONLY ARISE AND ACCRUE PURSUANT TO THE PROVISIONS OF SECTION 26-121 OF THE WHEAT RIDGE CODE OF LAWS. EVERGREEN -CLEAR CREEK CROSSING, LLC. STATE OF COLORADO ) ) ss COUNTY OF DENVER ) THE F��OING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ;#DAY OF �·BY 'ytt:.r C�� WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: )/o/ i,,}tY-,;J-­ l /);� jf2q'"0 STATE OF COLORADO ) ) ss , A.O. 2020 COUNTY OF DENVER ) THE FO OINGAINSTRl./MENT WAS ACKNOWLEDGED BEFORE ME THIS /.)�DAY OF __ J.._��(I"'"�-�• A.D. 2020BY ll'1 • M. �l"'f . �)�TARYPUBLIC SISTERS OF CHARITY OF LEAVENWORTH HEALTH SYSTEM, INC., A KANSAS NON-PROFIT CORPORATION "-.. � .__....�/ /' \ -� ( /�� BY: .. _ NAME: STEVEN CHYUNG ,, 4• . , . / l ITS: SVP -SUPPLY CHAIN & REAL ESTATE STATE OF COLORADO ) COUNTY OF BROOMFIELD ) "} THE FORGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS �DAY OF j J \ i , A.D. 2020 BY STEVEN CHYUNG, AS SENIOR VICE PRESIDENT, SUPPLY CHAIN & REAL ESTATE MANAGEMENT FOR THE SISTERS OF CHARITY OF LEAVENWORTH HEAL TH SYSTEM, INC., A KANSAS NON-PROFIT CORPORATION. WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC MY COMMISSION EXPIRES:. __ l_-_-z._1,_.-z._z.. __ SURVEYOR'S CERTIFICATE I, . DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF THE CLEAR CREEK CROSSING DEVELOPMENT WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAN A CCU RA TEL Y REPRESENTS SAID SURVEY. SURVEYOR'S SIGNATURE JJJJ NOltRJS DESIGN Pl!mning I Ls� Wiilec!ure I Pro!Sct - 1101 Bannock Street Denver, Colorado 80204 P 303.892.1166 F 303.892.1 www.nom&-deslgn.com APPLICANT: CLEAR CREEK CROSSING, LLC. z 0 -I-(.) ::::) � I-Cl) z 0 (.) � 0LL I-0 z 1873 S. BELLAIRE STREET SUITE 1106 DENVER, CO 80222 DATE: DECEMBER 14, 2016 MAY 10 2017 JULY 21 2017 AUGUST 30, 2017 NOVEMBER 20, 2017 JANUARY 2, 2017 JANUARY 17, 2020 SHEET TITLE: COVERSHEET 01 OF Oft {00700552} INTERGOVERNMENTAL AGREEMENT AMONG CITY OF WHEAT RIDGE AND LONGS PEAK METRO DISTRICT REGARDING PROSPECT TRAIL IMPROVEMENTS AT CLEAR CREEK CROSSING THIS INTERGOVERNMENTAL AGREEMENT AMONG THE CITY OF WHEAT RIDGE AND LONGS PEAK METRO DISTRICT REGARDING PROSPECT TRAIL IMPROVEMENTS AT CLEAR CREEK CROSSING (this “Agreement”) is made and entered into as of the ____ day of____________, 2024, by and between the City of Wheat Ridge (the “City”) and Longs Peak Metro District (the “District”), a quasi-municipal corporation and political subdivision of the State of Colorado, together referred to herein as the “Parties.” RECITALS A. WHEREAS, the District was organized to furnish public infrastructure improvements, facilities and services in connection with the development of that certain real property legally described under Clear Creek Crossing Subdivision Filing No. 3 and amended under Clear Creek Crossing Block 4 Replat attached hereto as Exhibit A and known as Clear Creek Crossing (the “Property”); and B. WHEREAS, Article XIV, Section 18(2)(a), of the Constitution of the State of Colorado and Part 2, Article 1, Title 29, C.R.S., encourage and authorize intergovernmental agreements; and C. WHEREAS, C.R.S. 29-1-203 authorizes governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each; and D. WHEREAS, the City of Wheat Ridge City Council approved the rezoning of the Property to Planned Mixed Use Development (PMUD) with an Outline Development Plan (“ODP”) on May 25, 2018 to accommodate development of a multi-phase, mixed-use commercial development at the Property; and E. WHEREAS, the ODP requires construction of the Prospect Trail along the west side of the Property being more particularly described and identified as the “14’ Trail Easement” within Lots 1, 2, and 3 of Block 4, Clear Creek Crossing Subdivision Filing No. 3 and Clear Creek Crossing Block 4 Replat attached hereto as Exhibit A (the “Project”), in conjunction with impacted site specific development; and F. WHEREAS, the District desires to complete the Project described herein and has made a request to the City for financial assistance to facilitate construction of the Project; and G. WHEREAS, the City previously approved the I-70/Kipling Corridors Urban Renewal Plan (the “URA Plan”) in May of 2009 in recognition of the fact that the properties described in such URA Plan were blighted, including without limitation the Property; and H. WHEREAS, the City has available to it $150,000, derived from the City’s Urban Renewal Authority, which amount the City wishes to arrange for contribution towards the Project’s construction subject to the terms and conditions of this Agreement (the “City Contribution”); and ATTACHMENT 4 {0070 0552} -2- I. WHEREAS, the Project will ultimately be owned, operated and maintained by the Prospect Recreation and Park District and provide interconnectivity to the existing Prospect trail and Clear Creek trail systems which will benefit the greater community. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises agreed to herein, the sufficiency of which is expressly acknowledged, the Parties hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide for the terms and conditions governing the City’s contribution of funds to facilitate the construction of the Project and to ensure its compliance with the individual site development plans for the parcels through which the Project will be built. All conditions contained herein are in addition to any and all requirements of the Zoning Ordinance, and any other sections of the City of Wheat Ridge Municipal Code (collectively, the “City Requirements”) and are not intended to supersede any requirements contained therein, except for those waivers or modifications that are specifically enumerated herein. 2. Related City Agreements and Approvals. The Property is subject to that certain Outline Development Plan titled Clear Creek Crossing Planned Mixed Use Outline Development Plan recorded with the Jefferson County Clerk and Recorder under reception number 2018051726 and those certain Specific Development Plans (SDP’s) titled Life Time – Clear Creek Crossing and Hampton Inn at Clear Creek Crossing recorded with the Jefferson County Clerk and Recorder under reception numbers 2022069391 and 2023033785 respectively, and the future SDPs for the remainder of Block 4. The Project is subject to review and approval of civil construction documents, right-of-way permit application(s), grading permit application(s), site work permit application(s), and building permit application(s) (together and collectively, the “Approved Plans”). Through such approvals, the City will review and approve the final design of the Project. The District shall obtain all required right-of-way, site work, and building permits, and comply with all applicable conditions including, but not limited to, contractor licensing, insurance, and bonding. 3. Fees and Taxes. The District hereby agrees to pay City development review, building permit and plan review fees to the City for engineering, hydrological, surveying, legal, and other services rendered in connection with the review of the development of the Project, as codified in the City Requirements. The Project is subject to use taxes for private horizontal development authorized by a site work. Upon request, the City agrees to provide a written accounting of such fees and taxes. Notwithstanding the foregoing, the “Use Tax Rebate” set forth in the Public Finance Agreement between the City, District, and Evergreen-Clear Creek Crossing, L.L.C. dated July 9, 2018, as amended, shall apply to the Project. 4. Project Scope. The District shall use the City Contribution to pay for construction work performed pursuant to the Approved Plans for the Project, which are anticipated to be consistent with the Project scope as described herein and attached as Exhibit B, Exhibit B.1, and Exhibit B.2. Upon their approval by all applicable jurisdictions, the Approved Plans shall replace the Project scope described in Exhibit B. 5. City Contribution. The City hereby agrees to provide the City Contribution, which shall consist of financial assistance in an amount not to exceed $150,000.00, in the form of {0070 0552} -3- funds contributed by the City’s Urban Renewal Authority. The City Contribution shall be used only for the Project. In the event the Project costs exceed the City Contribution, the District shall be responsible for all remaining Project costs. Payment to the District shall be provided in one installment prior to construction upon (i) approval of civil construction documents, (ii) the recording of related intergovernmental agreements between the District, Prospect Recreation and Park District and the Applewood Sanitation District setting forth the obligations of those parties in respect of the design, construction, operations and maintenance of the Project and easements within and adjacent to the Project , and (iii) satisfaction of conditions per Section 30 of this Agreement. 6. Breach by the District; the City’s Remedies. In the event of a breach of any of the terms and conditions of this Agreement by the District, the City Council shall be notified and the City may take such action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety, and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship and undue risk. These remedies include, but are not limited to: (a) The refusal to issue any building permit or certificate of occupancy for any vertical construction impacted by the Project; (b) The revocation of any building permit for the Project previously issued under which construction directly related to such building permit has not commenced, except a building permit previously issued to a third party, (c) Any other remedy available at law or in equity. Unless necessary to protect the immediate health, safety and welfare of the City or to protect the City’s interest with regard to security given for the completion of the Project, the City shall provide the District thirty (30) days written notice of its intent to take any action under this paragraph during which thirty (30) day period the District may cure the breach described in the notice. Notwithstanding the foregoing, if such breach or noncompliance cannot be reasonably cured within such thirty (30)-day period, District shall be granted such additional time as is reasonably necessary provided that District good faith commences to cure such breach or noncompliance within such thirty (30)-day period and thereafter diligently completes such cure in good faith within ninety (90) days after such notice from the City unless the City and District otherwise agree to a longer cure period. 7. Installation and Phasing of the Project. The Project shall be installed and completed continuously in one phase within the timeframes set forth in Section 10 of this Agreement and as outlined in Exhibit C, with only such exceptions as shall be approved in advance by the City’s Community Development Director (“Director”) in the exercise of his or her sole discretion. Construction of Project improvements, including construction of trails/sidewalks, private retaining walls, or demolition, and installation of landscaping shall be limited to the hours of 7:00 a.m. to 7:00 p.m., per Section 5-46 of the City Code. e. 8. Additional Limitations on the City’s Responsibilities. The City’s involvement with the Project’s construction and operation shall be limited to payment of the City Contribution and plan review, approval, permit issuance, and other functions set forth in the City Code. The City shall not be responsible for or in control of the Project’s feasibility, implementation, operation, maintenance, repair, or replacement. {0070 0552} -4- 9. Observation, Inspection and Testing. The City shall have the right to require reasonable engineering observations and testing at the District’s expense. Observation and testing, acquiescence in, or approval by any engineering inspector of the construction of physical facilities at any particular time shall not constitute the approval by the City of any portion of the construction of the Project. Such approval shall be made by the City, only after completion of construction and in the manner hereinafter set forth. The Director is designated by the City to exercise authority on its behalf under this Agreement and to see that this Agreement is performed according to its terms. Work under this Agreement may, without cost or claim against the City, be suspended by the Director for substantial cause, subject to the notice and cure provisions of this Agreement. Subject to laws, the Director and his authorized representatives shall have free access to the work at all times, and the District shall furnish them with facilities for ascertaining whether the work being performed, or the work which has been completed, is in accordance with the requirements of the Agreement. The Director will make periodic observations of construction (sometimes commonly referred to as “supervision”). The purpose of these observations and construction checking is to determine the progress of the work and to see if the work is being performed in accordance with the Approved Plans. The Director will in no way be responsible for how the work is performed, safety in, on, or about the job site, methods of performance, or timeliness in the performance of the work. Inspectors may be appointed to inspect materials used and work done. Inspections may extend to all or any part of the work and to the preparation or manufacture of the materials to be used. The inspectors will not be authorized to alter the provisions of this Agreement or any specifications or to act as foreman for the District. The Inspector will have authority to reject defective materials and to suspend any work that is being done improperly, subject to the final decision of the Director. 10. Completion of the Project. The Project is designed to fall within and provide trail access to and through individual development parcels within the Property. The obligations of the District provided for in Section 7 of this Agreement, including the inspections hereof, shall be performed on or before November 1, 2024 and proper application for the City’s final approval of completion of the Project under the City’s permit shall be made on or before such date. The District shall make all corrections necessary to bring the Project into conformity with the Approved Plans. If the project is not completed by November 1, 2024, the City may withhold Certificate of Occupancy on remaining impacted individual development parcels. 11. Deferred Installation of Landscaping and Financial Guarantee. If a Certificate of Occupancy (“CO”) for vertical construction within an impacted individual development parcel is requested prior to completion of landscaping and irrigation associated with the Project, based on said CO request being made outside of normal planting season, an irrevocable letter of credit from the District in the same form accepted by the City for other non-city acquired public improvements required by development agreements for the Property or escrow account shall be accepted for the completion of necessary landscaping and irrigation. Said financial guarantee shall be in the amount of one hundred and twenty five percent (125%) of the cost of installation. Escrows shall not be released until all planting and finish materials shown on the approved landscape plan are installed and accepted and the irrigation is installed and functional. The amount of the escrow shall be based on the City’s standard itemized costs for required {0070 0552} -5- landscaping and irrigation in the City Requirements. Should the required landscaping not be properly installed upon the expiration of the escrow account, the City reserves the right to use such funds to have the required landscaping placed upon the Property. Any costs reasonably incurred by the City in excess of the funds provided by the escrow shall be payable by the District to the City within thirty (30) days after District’s receipt of invoices and reasonable back up for such excess costs. The City may enforce such payment in the manner permitted by Section 25. 12. Construction Protection. During the duration of construction of the Project, the District shall make good any damage, injury or loss to the City’s property except such as may be caused directly by authorized agents or employees of the City. The District shall also adequately protect adjacent property and shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions. During construction of the Project, the District shall be responsible for damage to any public and private property on and adjacent to the site of the District’s improvements caused by negligent or willful acts of the District, its agents or subcontractors. The District shall take all reasonable effort necessary to prevent damage to pipes, conduits, and other underground structures and to overhead wires, and to water quality. The District shall protect carefully from disturbance or damage all land monuments and property marks until an authorized agent of the City has witnessed or otherwise referenced their location and shall not remove them until directed. When any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the construction of the Project, or in consequence of the non-execution thereof on his part, such damaged property shall be restored by the District at its own expense to a condition similar or equal to that existing before such damage or injury. During construction of the Project, the District shall at all times, whether or not so specifically directed by the Director, take necessary precautions to insure the protection of the public. The District shall furnish, erect and maintain, at its own expense, provided the City Contribution is not available, all necessary barricades, suitable and sufficient red lights, construction signs, provide a sufficient number of watchmen, and take all necessary precautions for the protection of the work and safety of the public through or around the Property’s construction operations as District and the Director shall deem reasonably necessary. 13. Related Costs. In the event that the City Contribution is not available, the District shall nevertheless provide all necessary engineering designs, surveys, field surveys, as-builts, testing and incidental services related to the construction of the Project at its sole cost and expense, including, if required, final drainage study letter certified accurate by a professional engineer registered in the State of Colorado. 14. Reserved. 15. Reserved. 16. Indemnification. Except to the extent caused directly by authorized agents or employees of the City, and to the extent permitted by law, the District shall indemnify and hold harmless the City and its officers, employees, agents, or servants from any and all suits, actions, and claims of every nature and description caused by, arising from or on account of any act or omission of the District, or of any other person or entity for whose act or omission the District is liable, with respect to the Project; and the District shall pay any and all judgments rendered against the City as a result of any suit, action, or claim, together with all reasonable {0070 0552} -6- expenses and attorney’s fees and costs incurred by the City in defending any such suit, action or claim provided such suit, action, or claim. This indemnity does not include any legal action commenced by a third party against the City for any accidents, crimes or similar events not caused in whole or in part by the District or its agents, contractors or employees and outside of the Districts control. 17. Waiver of Defects. In executing this Agreement, the District waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the power of the City to impose conditions on the District as set forth herein, and concerning the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 18. Third Party Beneficiaries. There are and shall be no third party beneficiaries to this Agreement. 19. Modifications. This instrument embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties. There shall be no modification of this Agreement except in writing, executed with the same formalities as this instrument. 20. Release of Liability. It is expressly understood that the City cannot be legally bound by the representations of any of its agents or their designees except in accordance with the City of Wheat Ridge Code of Ordinances and the laws of the State of Colorado. 21. Captions. The captions to this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof. 22. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, successors, and assigns as the case may be. 23. No Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provisions herein, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. 24. Invalid Provision. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of the other provisions shall remain in full force and effect. It is the intention of the Parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which would render the provision valid, then the provision shall have the meaning which renders it valid. 25. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, venue of such suit or action shall be in Jefferson County, Colorado. 26. Attorneys Fees. Should this Agreement become the subject of litigation to resolve a dispute over the interpretation of this Agreement or either party’s rights or obligations {0070 0552} -7- hereunder, the prevailing party will receive reimbursement from the non-prevailing party of the prevailing party’s reasonable attorney’s fees and costs. 27. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the Parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either Party by notice so given may change the address to which future notices shall be sent. Notice to the District: Longs Peak Metropolitan District c/o Tyler Carlson, President 1873 S. Bellaire Street, STE 1200 Denver, CO 80222 with a copy to: Seter & Vander Wall, P.C. Attention: Russell Newton 7400 E Orchard Rd., Suite 3300 Suite 270 Greenwood Village, Colorado 80111 Notice to City: Community Development Director 7500 West 29th Avenue Wheat Ridge, CO 80033 City Attorney 7500 West 29th Avenue Wheat Ridge, CO 80033 28. Assignment or Assignments. There shall be no transfer or assignment of any of the rights or obligations of the District under this Agreement without the prior written approval of the City, except that the District shall have the right, with concurrent written notice to the City, to assign or partially assign this Agreement to any affiliate or subsidiary of the District or any successor owner or ground lessee of the Property. 29. Title and Authority. The District expressly warrants and represents to the City that the undersigned individual(s) has or have full power and authority to enter into this Intergovernmental Agreement. The District understands that the City is relying on such representations and warranties in entering into this Agreement. 30. Effective Date. This Agreement shall not be effective unless and until: (1) the District has entered into an agreement or agreements with the Prospect Recreation and Park District and the Applewood Sanitation District setting forth the obligations of those parties in respect of the design, construction, operations and maintenance of the Project and adjacent easements, and (2) the Wheat Ridge Urban Renewal Authority has approved transfer of the funds comprising the City Contribution. WHEREFORE, the Parties hereto have executed this Agreement on the day and year first above written. {0070 0552} -8- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF WHEAT RIDGE, COLORADO By: ____________________________ Bud Starker, Mayor ATTEST: ____________________________ Stephen Kirkpatrick, City Clerk APPROVED AS TO FORM: ____________________________ Gerald Dahl, City Attorney {0070 0552} -9- LONGS PEAK METROPOLITAN DESTRICT A quasi-municipal corporation and political subdivision of the State of Colorado ________________________________________ By: Tyler Carlson, District President ATTEST: ________________________________ District Secretary / Assistant Secretary STATE OF COLORADO ) )ss. COUNTY OF ) On this the ________ day of _________, 2024, before me, the undersigned Notary Public in and for said County and State, personally appeared Tyler L. Carlson, the Executive Vice President of Evergreen Devco, Inc., a California corporation, as Manager for Evergreen Development Company – 2016, L.L.C., an Arizona limited liability company, as Manager for Evergreen-Clear Creek Crossing, L.L.C., an Arizona limited liability company, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he or she executed the instrument in such person’s authorized capacity, and that by his or her signature on the instrument the entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My Commission Expires: (S E A L) {0070 0552} -10- EXHIBIT A SUBDVISION PLAT (see attached) Exhibit A Exhibit A (Cont.) {0070 0552} -11- EXHIBIT B PROJECT SCOPE (see attached) C1 124 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 303 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M CL E A R C R E E K C R O S S I N G EX H I B I T D CO N C E P T U A L R E G I O N A L TR A I L L A Y O U T Limit of scope of work to be completed by LPMD By Others Limit of scope of work to be completed by LPMD EXHIBIT B LIFETIME FUTURE RESTAURANT/PARK CORRIDOR HAMPTON INN OUTLOOK II APARTMENTS Note: The civil construction plans shall take the place of Exhibit B upon approval.The Approved Plans shall include benches and amenities, landscaping and irrigation, lighting, and wayfinding signs in compliance with the Clear Creek CrossingPMUD zoning and Design Pattern Book requirements. {0070 0552} -12- EXHIBIT B.1 HAMPTON INN SCOPE CHANGE AN OBLIGATION OF LPMD (see attached)   A SPECIFIC DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO CLEAR CREEK CROSSING LOT 2, BLOCK 4 REPLAT SITUATED IN THE NORTHEAST QUARTER OF SECTION 30, AND SOUTHWEST QUARTER OF SECTION 19 PER PLAT TOWNSHIP 3, RANGE 69 WEST OF THE 6TH P.M.CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO HAMPTON INN & SUITES AT CLEAR CREEK CROSSING NORTH 2 SITE PLAN KEYNOTES EXHIBIT B.1 Trail and adjacent restoration to be completed by LPMD {0070 0552} -13- EXHIBIT B.2 LIFETIME SCOPE CHANGE AN OBLIGATION OF LPMD (see attached) LIFETIME EXHIBIT B.2 FUTURE PLANS (BY OTHERS) Walk extension, stair connection, retaining wall, adjacent grading and restoration to be completed by LPMD, in addition to trail segment shown in Exhibit B. {0070 0552} -14- EXHIBIT C PHASING PLAN The Project shall be installed continuously in one phase subject to the terms and conditions of this agreement as outlined below. Consistent with the Subdivision Improvement Agreement with the Master Development (reception number 2018065899) and with the approvals for this Project, the Project shall be installed as follows: • A Site Work Permit may be issued upon approval of civil engineering plans, drainage conformance letter, construction control plan, cost estimates, stormwater management plan (SWMP) (if applicable), payment of City of Wheat Ridge use tax, and payment of building permit and plan review fees. • All of the following items related to the Project shall be completed by LPMD prior to issuance of the first major CO on the west side (aka Lifetime): o This IGA shall be approved and recorded o License and/or easement interests necessary to construct the Project shall be established between LPMD and owners of the impacted individual development parcels, and copies shall be provided to the City upon recording o A complete set of civil construction plans for the Project shall be provided • The Project shall be completed continuously in one phase pursuant to Exhibits B, B.1, and B.2, with the exception of the following: o Because the trail along the west side of the Hampton Inn site provides the primary pedestrian access/ADA route to Outlook II, the north portion of the trail from Outlook II’s access drive to the north connecting to Clear Creek Drive shall be substantially complete prior to issuance of the first CO for Outlook II consistent with the Outlook II Subdivision Improvement Agreement recorded at reception number 2022106726. • LPMD agrees to construct the scope of work identified in Exhibit B.1, which was previously an obligation of Brandt Hospitality Group (BHG-HS of Wheat Ridge, LLC) and shown on the Final Approvals for Hampton Inn at Clear Creek Crossing. This scope of work is not required to be completed prior to issuance of Certificate of Occupancy (CO) for Hampton Inn. The terms of this agreement shall supersede any requirements related to the Project that are outlined in the Hampton Inn Development Agreement recorded at reception number 2023033786. • LPMD agrees to construct the scope of work identified in Exhibit B.2, which was previously an obligation of Lifetime and shown on the Final Approvals for Lifetime at Clear Creek Crossing. This scope of work is not required to be completed prior to issuance of CO for Lifetime. The terms of this agreement shall supersede any requirements related to the Project that are outlined in the Lifetime Development Agreement recorded at reception number 2022069392. • The Project shall be appropriately signed and fenced as a construction zone, prohibiting public access until final completion. {0070 0552} -15- • If the trail is damaged during the course of construction of site development on impacted individual development parcels, restoration shall be required prior to issuance of CO on the impacted development parcel. • The entirety of the Project shall be complete, including inspections thereof, by November 1, 2024 pursuant to Section 10 of this agreement. • Exception to the above requirements: o Installation of landscaping, street trees, and irrigation is not required if occurs outside of the planting season, generally October to June. Refer to Section 11 of the Development Agreement