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03-25-2024 City Council Meeting Agenda
AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO March 25, 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 March 25, 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 March 25, 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 City Council Meeting Minutes, February 12, 2024 City Council Meeting Minutes, February 26, 2024 Study Session Notes, March 4, 2024 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Proclamation – Child Abuse Prevention Awareness Month 2. Proclamation – Sexual Assault Awareness Month PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Resolution No. 12-2024 – a resolution amending the Fiscal Year 2024 budget to reflect the approval of a supplemental budget appropriation in the amount of $75,000 for improvements to Council Chambers b. Motion to approve the contract with GovOS for the tax and licensing revenue system in the amount of $95,626 c. Resolution No. 13-2024 – a resolution amending the Fiscal Year 2024 Budget to reflect the approval of a supplemental budget appropriation in the amount of $233,025 for the purposes of accepting an Urban Forestry Grant and authorizing the Mayor to execute an agreement with the Urban Sustainability Directors Network in the amount of $669,073 for Expanding the Urban Tree Canopy in Wheat Ridge PUBLIC HEARINGS AND ORDINANCES ON SECOND READING None ORDINANCES ON FIRST READING None DECISIONS, RESOLUTIONS, AND MOTIONS 2. Motion to approve a Contract to Buy and Sell Real Estate from Jefferson County School District for the Green at 38th 3. Motion to award The Green at 38th Project - Phase 1, Stevens Elementary parking lot replacement to ECI Site Construction Management Inc., of Loveland, Colorado, and approve subsequent payments in the amount of $1,386,590 4. Motion to award a contract and approve subsequent payments to Berry, Dunn, McNeil & Parker, LLC, in the amount not to exceed $249,999 for professional services for the Parks and Recreation Master Plan update 5. Motion to award the Stormwater Master Plan Project to RESPEC Company, LLC of Denver, Colorado, and approve subsequent payments in the amount of $189,755, with a contingency amount of $10,245, for a total not-to-exceed amount of $200,000 6. Motion to appoint members to Boards and Commissions, the Community Partners Grant Program Committee and Sustainable Wheat Ridge 7. Resolution No. 14-2024 – a resolution in opposition to State Legislation infringing upon Home Rule authority CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 12, 2024 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 6:30 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Jenny Snell Scott Ohm Rachel Hultin Janeece Hoppe Amanda Weaver Korey Stites Leah Dozeman(virtual) Dan Larson Also present: City Manager, Patrick Goff; Deputy City Manager, Allison Scheck; City Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick; P Director of Community Development, Lauren Mikulak, other staff, guests and interested citizens. APPROVAL OF MINUTES • Special Study Session Notes of January 22, 2024 • City Council Meeting Minutes of January 22, 2024 The above Notes and Minutes were approved without changes. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES Master Municipal Clerk Presentation – Deputy City Clerk Robin Eaton Mayor Starker recognized the recent certification of Master Municipal Clerk to the Deputy City Clerk Robin Eaton. Deputy Clerk Eaton accepted it, along with his wife Maggie, and wanted to thank her and the City of Wheat Ridge for allowing him the chance to receive certification from the International Institute of Municipal Clerks. PUBLIC’S RIGHT TO SPEAK Jeremy Laufer – President of LocalWorks – stated LocalWorks’ 2023 Annual Report was available. The report includes their 2023 accomplishments and the goals for the next three years. He stated their purpose, their goals, and encouraged people to go online and get a copy of their report. Kelly Blynn - Resident – stated the City has done great with the Equity Task Force and wants the City to demonstrate its values by opening the neighborhoods, do what is within the City’s capacity and be leaders by becoming a welcoming and open community. She also spoke to the issue with snow removal, reminding people of pedestrian and bicycle safety during snow days. Dominic Ricco – Resident – stated that none of the people who came to Council and spoke hatefully were residents of Wheat Ridge. He stated there is a group of people on the website encouraging others to go to meetings and cause division. He also spoke to new technology with surveillance and neurological capabilities that Council should be aware of. He stated that Council needs to be aware of the higher forms of government are doing. 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 and read the items into the Record: a. Motion to approve the purchase of salt materials for snow and ice control on city streets from Independent Salt Company in a total amount not to exceed $140,200. Issue The city purchases and applies deicer materials each year as part of its snow and ice control efforts. The city has participated in a cooperative bidding process through the Colorado Multiple Assembly of Procurement Officials (MAPO) to obtain the best pricing. The city will utilize a City of Fort Collins contract with Independent Salt Company to purchase materials for 2024 in an amount not to exceed $140,200. b. Motion encumbering funds in the amount of $136,500 for bulk fuel purchase and delivery from Senergy Petroleum in 2024. Issue The city provides on-site fuel tanks at the Public Works Shop to allow for fueling of city vehicles. Purchase and delivery of fuel is provided on a periodic basis from Senergy Petroleum of Arvada, Colorado. Senergy was selected as the preferred vendor based on a procurement process through the Colorado Multiple Assembly of Procurement Officials (MAPO) in 2022. This action will encumber funds in the amount of $136,500 for fuel purchases, including delivery to the Shop, in 2024. c. Motion encumbering funds in the amount of $180,000 for utilization of the WEX fuel card system in 2024. Issue In 2023 the city entered into an agreement with WEX Bank to provide fuel cards for each city vehicle which can then be used at any participating gas station in their network. WEX tracks the expenses and provides one invoice to the city monthly for all fuel purchases. The program is currently being utilized by the Police Department but is anticipated to be expanded to all city departments for unleaded fuel only, later this year. This action will encumber funds in the amount of $180,000 for all WEX purchases in 2024. d. Motion to award a custodial services contract and approve subsequent payments in an amount not to exceed $419,350 to S&B Confluence d/b/a Jani- King of Colorado and approve a contingency in the amount of $10,000 for unforeseen custodial expenses. Issue The City’s various facilities require consistent custodial service. Ensuring clean and hygienic public and workspaces is fundamental to the safe operation of the city organization and community services. Staff is recommending approval of a contract to S&B Confluence d/b/a Jani-King of Colorado in the amount of $419,350 plus a contingency for unforeseen items of $10,000 for the 2024 calendar year. e. Motion to approve the purchase and payment of two Ford Expedition SSV Police Patrol vehicles in a total amount not to exceed $113,140. Issue Each year, the city identifies a proposed list of vehicle replacements within the city fleet. In 2024, two of the Police Department’s Patrol vehicles are scheduled for replacement. Staff recommends the purchase of two 2024 Ford Expedition SSV Police Patrol vehicles under The Interlocal Purchasing System (TIPS) Price Agreement at a total cost of $113,140. f. Motion to cancel the March 11, 2024 City Council Meeting. Issue The City Council Meeting of March 11, 2024, currently does not have any scheduled agenda items. Due to three members of the City Council as well as the City Manager attending the NLC Conference, and one additional councilmember absent that evening, and seeing there are no items currently scheduled for this date it is recommended that City Council cancel this meeting. CM Hoppe made a motion to approve Consent Agenda Items a.), b.), c.), d.), e), and f.) It was seconded by CM Hultin. Vote: 8-0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 01-2024 – an ordinance approving the rezoning of property located at 10390 W. 38th Avenue from Commercial-One to Mixed Use- Neighborhood (MU-N). CM Weaver introduced Council Bill 01-2024 and read the Issue into the Record:. 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. The Mayor opened the public hearing, which is quasi-judicial. Staff Presentation Planner II Alayna Olivas-Loera gave a brief PowerPoint presentation which included the background, current zoning, and the proposed zoning, where the applicant is requesting a zone change to MU-N to allow for the development of townhomes on the property and to align the property’s zoning with the Envision Wheat Ridge Comprehensive Plan. Saff recommended approval of the request. She entered all required documents into the Record. Afterwards she stood by to answer any questions. Public Comment Patrick Berrend – Applicant for the project - made himself available to answer questions. Tom Jersey – Resident – stated he believes it is a poor choice for the neighborhood. Single-family is the neighborhood on all sides and this doesn’t fit. He disagrees with staff that this is compatible with the surrounding neighborhood. He stated it would cause more parking issues, isn’t right for the area, and prices are not compatible with the area. Council Questions and comments: CM had few comments, having recently reviewed the details of this item in a Study Session. CM Weaver asked about the drainage issue regarding Lena Gulch. Staff stated that the developer of the rezoned property will be responsible for detaining the run-off from their property. The Mayor closed the public hearing. CM Weaver made a motion 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 second reading, order it published, and that it takes effect 15 days after final publication. It was seconded by CM Hoppe, CM Stites stated that he appreciated the residents coming forward with comments. He stated he believes the zoning makes sense for the neighborhood. CM Weaver stated this she appreciates wanting to keeping it single family homes, but she believes having a house front 38th Avenue makes it nearly impossible. She believes this is a good development and use for the property. CM Ohm believes it’s a nice location for pedestrian traffic to local shops as well as being near major arterials for vehicle travel. CM Holtin spoke in support of the mixed-use neighborhood. It is consistent with the development on the corridor. She stated that there is a larger town home development in her neighborhood and there is little to no parking spillover from the development onto side streets. Vote: 8-0. The motion carried. 3. 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. CMP Larson introduced Council Bill 02-2024 and read the Issue statement into the Record. 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. The Mayor opened the public hearing, which is not quasi-judicial. Staff Presentation Community Development Director Lauren Mikulak spoke to the the issue, reporting where 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 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 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. Afterwards she stood by to answer any questions. Public Comment There were none tonight. Council Questions and comments: None. The Mayor closed the public hearing. CM Larson made a motion to approve Council Bill 02-2024 – an ordinance vacating any interest held by the City in a portion of W 46th Avenue, on second reading, order it published, and that it takes effect immediately. It was seconded by CM. Vote: 8-0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING 4. Council Bill No. 03-2024 – an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning bicycle parking and storage requirements, and making conforming amendments therewith. CM Hultin introduced Council Bill 03-2024 and read the Issue statement into the Record. Issue The proposed ordinance creates long-term bicycle storage requirements for large multi-unit residential developments, updates and clarifies vehicle parking reduction allowances when additional bicycle parking is required and decouples bicycle parking requirements from vehicle parking requirements. 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. CM Hultin made a motion to approve Council Bill 03-2024 – an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning bicycle parking and storage requirements, and making conforming amendments therewith, on first reading, order it published, the public hearing set for Monday, February 26, 2024 at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it take effect on March 1, 2024, seconded by CM Stites. Vote: 8-0. The motion carried. 5. Council Bill No. 04-2024 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning Electric Vehicle (EV) Parking and Charging requirements and making conforming amendments therewith. CM Ohm introduced Council Bill 04-2024 and read the Issue statement into the Record. Issue The proposed ordinance creates regulations for electric vehicle (EV) parking and charging facilities within the zoning code, defines terms related to EVs, allows for EV charging facilities of various types throughout the City, and establishes minimum EV parking space requirements. 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. CM Ohm made a motion to approve Council Bill 04-2024 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning electric vehicle (EV) charging and parking requirements, and making conforming amendments therewith, on first reading, order it published, the public hearing set for Monday, February 26, 2024 at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it take effect on March 1, 2024, seconded by CM Holtin. Vote: 8-0. The motion carried. DECISIONS, RESOLUTIONS AND MOTIONS 6. Resolution No. 06-2024 – a resolution in support of Democracy. CM Snell introduced Resolution 06-2024 and read the Issue statement into the Record. Issue This resolution declares the Council’s unwavering commitment to supporting democracy. The resolution affirms, emphasizes, and actively promotes democratic values and principles within the City of Wheat Ridge, encouraging widespread participation in fostering an inclusive and accountable governing structure. Public Comment Peggy Naomi Warhwadi spoke in favor of the resolution and supported it whole- heartedly. Council Questions and comments There were none on this item. CM Snell made a motion to approve Resolution No. 06-2024- A Resolution in Support of Democracy. It was seconded by CM Holtin. CM Snell thanked the speaker for her words and then read the Resolution in its entirety. CM Weaver thanked the speaker for sharing her experience with Council. CM Larsen stated it was one of the best written documents and believes in the participatory government. Mayor Starker stated that real task in our democracy is to get everyone to participate. Vote: 8-0. The motion carried. 7. Motion approving the revised Council Rules of Order and Procedure dated February 12, 2024 MPT Stites introduced the Motion and read the Issue statement into the Record. Issue The Charter of the City of Wheat Ridge provides that the Council may determine its own rules of procedure for meetings. Section B of Suspension and Amendment of these Rules states “These Rules may be amended, or new Rules adopted by a majority vote of City Council Members present at a Regular or Special Meeting, provided that the proposed amendments or new Rules shall have been submitted in writing to City Council at a preceding meeting or a Study Session. Any City Council Member, or the Mayor, may initiate an amendment of these Rules in the manner provided for initiation of Agenda Items by Rule V.D. These Rules shall be reviewed and revised by the City Council as needed and as provided for herein.” Staff Presentation City Manager Patrick Goff reviewed the changes as requested by Council at the January 22nd Study Session Public Comment No one came forward to speak. Council Questions and comments CM Dozeman asked for clarification Mayor Pro Tem scheduling special council meetings or study session at same time as regular meetings. This was so that meetings would be held at reasonable times. CM Holtin stated that it was her proposal to have the Mayor Pro Tem election changed from November to January in order to give new council members voted into office in November a chance to become better acquainted with the members and have a chance to acquaint themselves with the process. Mayor Starker asked what “adjourned meeting” means and why it is in the Rules. City Attorney Dahl stated that the terminology is archaic and it can be removed from the Rules. Mayor Starker stated that under the section, Public’s Right to Speak – Agenda Items and Non-Agenda Items should both reflect 6 minutes if a translation is required. Mayor Starker in the section regarding Written Comments coming to Council doesn’t allow the Author of the comments to come to Council and read their comments themself. A change should be made allowing for the author to speak. Mayor Starker – asked if the requirement for the city attorney to attend all meetings and includes study sessions. City Attorney Dahl stated it does say “meetings,” which would not include study sessions. MPT Stites made a motion to move under Rule 7A to suspend the rules of council and to further amend the motion to delete all references to “adjourned meetings and further to 1) delete all references to “adjourned meetings,” 2) create a new subsection to reflect 3a and 3b mirroring 2a and 2b regarding allowing 6 minutes for those requiring a translator, and 3) edit the section to allow the author of a written public comment to present it themself. It was seconded by CM Poppe. Vote:8-0. The motion carried. CITY MANAGER’S MATTERS City Manager Patrick Goff stated he had a good meeting with Intermountain Health and their 6-month countdown for when the hospital opens. They are excited about the move, preparing community events, and a ribbon cutting ceremony. He stated he would keep Council inforrmed. CITY ATTORNEY’S MATTERS None. ELECTED OFFICIALS’ MATTERS City Clerk Steve Kirkpatrick spoke to the dates on the election calendar surrounding the primary election. He also stated that the new Sr. Deputy City Clerk Margy Greer will be clerking some of the upcoming Council Meetings and he will be clerking some of them – a schedule had not been set yet. CM Dozeman thanked the speaker regarding the Resolution for Democracy. CM Snell stated she met with the Transportation Advisory Team and was so impressed by the way that residents, elected officials and staff communicated and worked together discussing solutions for pedestrian, bicycle and vehicle traffic. CM Hultin thanked the speaker who came to the podium and spoke about the Resolution for Democracy. She stated she also attended the Advisory Transportation Team meeting and it reminded her of how special Wheat Ridge is, working together with staff, residents, elected officials and bike advocates. She also stated she was elected to NLC’s Transportation and Infrastructure Committee explaining they develop policy platforms and one of the topics this year is train derailments. CM Larson recognized long time Wheat Ridge business owner Jack Padilla, who was diagnosed with terminal cancer and is currently in hospice care. He was born in 1936 in what would eventually become Wheat Ridge and ran a greenhouse business at Garrison and 46th Place on the Frontage Road for three decades. The greenhouse produced carnations and was instrumental in the naming of Wheat Ridge as a carnation city. CM Ohm thanked staff for being so supportive and helping Council make things better for Wheat Ridge. He also asked if there could be a study session to look at changing the current Code to include townhomes as part of the Cap for short term rentals. CM Weaver stated she’s very excited about the zoning changes on 38th Avenue that were voted on tonight. It will help create a cohesive corridor for transportation. CM Hoppe – No report. MPT Stites thanked those who came to the podium, stating there is a plaque outside City Hall that states you get the form of government you show up for. He also reminded everyone that Valentine’s Day is around the corner and be sure to make your Valentine purchases in Wheat Ridge or take your Valentine to dine in Wheat Ridge. MPT Stites stated he’s excited to see the new things happening at Everett. Mayor Starker stated he’s excited about the citizens and the great work being done around bicycle and pedestrian infrastructure in Wheat Ridge. He stated he attends a lot of meetings with other Mayors and Wheat Ridge is doing things right. He stated it was great to meet the folks at Intermountain Health and is looking forward to next steps. ADJOURNMENT The meeting adjourned at 7:40 pm. APPROVED BY CITY COUNCIL ON MARCH 25, 2024. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Bud Starker, Mayor City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 26, 2024 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 6:30 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Jenny Snell Scott Ohm Rachel Hultin Janeece Hoppe Amanda Weaver Korey Stites Dan Larson Absent: Leah Dozeman Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck; City Attorney Gerald Dahl; Sr. Deputy City Clerk, Margy Greer; Police Chief, Chris Murtha; Division Chief, Eric Kellogg; Grant and Special Project Administrator, Brandon Altenburg; Director of Public Works, Maria D’Andrea; Director of Community Development, Lauren Mikulak; Management Analyst, Cole Haselip, other staff, guests and interested citizens. APPROVAL OF MINUTES Minutes not available for approval at this time. APPROVAL OF AGENDA Councilmember Hoppe made the following motions: “I move to amend the agenda to add Council Bill No. 05-2024, an ordinance authorizing the appointment of an administrative hearing officer for liquor licensing matters and declaring an emergency as Item #4 on the agenda and all subsequent agenda items numbers adjust appropriately. The motion to amend the agenda was approved by General Consent. PROCLAMATIONS AND CEREMONIES Women’s History Month & International Women’s Day The City of Wheat Ridge declared March 2023 as the month that highlights the contributions of women throughout history and in contemporary society and March 8th has been recognized across the world as International Women’s Day since 1911. Mayor Starker presented the proclamation to Morgan Richards. Ms. Richards thanked Mayor Starker for the honor. PUBLIC’S RIGHT TO SPEAK Elisa White – Resident – spoke to the noise level of the Silver Bullet Gun Range and asked for some remediation regarding same. 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). 1. CONSENT AGENDA CM Larson introduced the consent agenda reading each Item and Issue Statement into the Record: a. Resolution No. 07-2024 – a resolution amending the Fiscal Year 2024 budget to reflect the approval of a supplemental budget appropriation for the re- appropriation and re-encumbrance of 2023 Fiscal Year encumbered funds in the amount of $14,676,888.46. Issue There are 105 open purchase orders from the 2023 budget that will be carried over to the 2024 budget. Each purchase order is associated with a specific project that was not fully completed in the 2023 fiscal year. The funds which were encumbered for these purchase orders were transferred to the unreserved fund balance of the relevant fund when the purchase orders were closed. To continue or close out these projects in 2024, a supplemental budget appropriation in the amount of $14,676,888.46 is necessary to allow transfer of these funds into specific budget line items in the 2024 Budget. b. Motion to approve the purchase of liquid deicer materials for snow and ice control on city streets from GMCO Corporation in a total amount not to exceed $85,000. Issue The city purchases and applies deicer materials each year as part of its snow and ice control efforts. The city will utilize a State of Nebraska contract with GMCO Corporation to purchase materials for 2024 in an amount not to exceed $85,000. c. Motion to approve annual payment to Jefferson Center for Mental Health from ARPA funds in the amount of $100,000. Issue City Council provided direction to staff regarding usage of American Rescue Plan Act (ARPA) funds in 2022. That direction included payment to Jefferson Center for Mental Health (JCMH) in the amount of $100,000 per year for four years for services to Wheat Ridge residents. This motion approves payment in 2024. Motion by CM Larson to approve Consent Agenda Items 1a.), 1b.), and 1c.). It was seconded by CM Hoppe. Vote: 7-0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING CM Hultin introduced Council Bill 03-2024 and read the Issue Statement into the Record: 2. Council Bill No. 03-2024 – an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning bicycle parking and storage requirements, and making conforming amendments therewith. Issue The proposed ordinance creates long-term bicycle storage requirements for large multi-unit residential developments, updates and clarifies vehicle parking reduction allowances when additional bicycle parking is required and decouples bicycle parking requirements from vehicle parking requirements. The Mayor opened the public hearing, which was not a quasi-judicial matter. Staff Presentation Senior Planner Scott Cutler gave a brief presentation which included the background, current mixed-use zoning, and the proposed ordinance, where the code provides some incentives to reduce overall vehicle parking if additional bicycle parking beyond the minimum is provided, up to a maximum of 10 percent. He also stated that the proposed ordinance is based on the consensus of Council and also includes the recommendation to “decouple” bicycle parking from vehicle parking as recommended by the Sustainability Committee and additional public comment. Public Comment Betsy Coppock, Resident – spoke in favor of both Agenda Items 2 and 3, stating the younger generation is most impacted by the climate change and they are also the most interested in mitigating. She was in favor of providing safe locations to park their bikes and inexpensive and convenient ways to charge their electric vehicles. Kelly Blene – Resident – spoke in favor of both Agenda Items 2 and 3, stating that the EV parking proposal supports emission reductions and providing bike parking will reduce vehicle parking requirements. She stated she supports both proposals. . From Wheat Ridge Speaks: Michaela Butler - Resident I support the ordinance that creates long-term bike storage requirements, updates vehicle parking reduction allowances, and decouples bike parking from vehicle parking. This will: - Incentivize biking over driving - Increase health and wellness of citizens - Encourage indoor bike storage and e-bike charging - Encourage safer streets and communities This will make the city healthier, greener, and more livable. Please approve it. Thank you. Council Questions and comments: CM Holtin spoke in support of both ordinances. The Mayor closed the public hearing. Motion by CM Hultin to approve Council Bill No. 03-2024, an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning bicycle parking and storage requirements, and making conforming amendments therewith on second reading, order it published, and that it takes effect on March 1, 2024. It was seconded by CM Ohm. Vote: 7-0. The motion carried. CM Ohm introduced Council Bike 04-2024 and read the Issue Statement into the Record: 3. Council Bill No. 04-2024 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning electric vehicle (EV) charging and parking requirements, and making conforming amendments therewith. Issue The proposed ordinance creates regulations for electric vehicle (EV) parking and charging facilities within the zoning code, defines terms related to EVs, allows for EV charging facilities of various types throughout the City, and establishes minimum EV parking space requirements. The Mayor opened the public hearing, which was not a quasi-judicial matter. Staff Presentation Senior Planner, Scott Cutler presented on the issue, reporting that the current zoning code does not have any requirements related to EV parking and charging. Likewise, the City’s current adopted building codes and local amendments (2018 International Building Codes or IBC and 2020 National Electric Code or NEC) allow for EV charging, but do not mandate placement, design, or minimum quantities or percentages. Mr. Cutler also spoke on how the Colorado State Legislature approved HB23-1233 in June 2023 which requires the state electrical board to adopt rules facilitating electric vehicle charging at multi-unit buildings and creates regulations and requirements regarding EV parking, and where the bill also mandates that municipalities comply with the EV power transfer infrastructure requirements in the statewide Model Electric Ready and Solar Ready Code. Public Comment From Wheat Ridge Speaks: Michaela Butler - Resident I support the proposed ordinance that creates regulations for electric vehicle (EV) parking and charging facilities within the zoning code, defines terms related to EVs, allows for EV charging facilities of various types throughout the City, and establishes minimum EV parking space requirements. This ordinance will: - Reduce emissions by steering new development towards more sustainable technologies and more compact development patterns - Save costs by making parking EV capable at the time of construction, which is much cheaper than retrofitting later - Provide access to charging for residents in multi-family buildings, which is essential for increasing EV adoption - Future-proof developments by preparing for the expected growth of EV sales and the electrification of the transportation system - Boost economic development by attracting tourists and customers who can charge their EV while shopping and dining in Wheat Ridge This ordinance will bring Wheat Ridge up to speed in EV readiness and sustainability. Please approve it. Thank you. Council Questions and comments: CM Ohm – stated Dener reported approximately 29% their EV charging stations are not useable and in need of maintenance. Staff explained that there is a system built into the charging stations that allows for notification of maintenance. As the process progresses staff will keep in mind this issue. CM Larson – asked several questions about where EV charging stations are allowed and how it compares to gas stations, as it seems businesses that allow for more shopping time are ideal locations. Staff explained that while zoning dictates where certain types of businesses can be located, EV charging stations are allowed in more zones. Staff agreed that retail or other businesses that allowed time for vehicles to be charged would be ideal, however it is not something considered in the ordinance tonight. CM Weaver asked if there were any adverse effects to charging stations regarding electrical transformers or drain from nearby businesses. Mr. Dahl explained that that the charging stations are 240 volt and therefore, the use of electricity at that level is irrelevant. CM Larson – asked if sales tax was being charged when people pay for charging their vehicles at the EV stations. Staff stated that the tax would be considered on the utility, not as a separate sales tax item on their receipt. The Mayor closed the public hearing. CM Ohm made a motion to approve Council Bill 04-2024 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning electric vehicle (EV) charging and parking requirements, and making conforming amendments therewith, on second reading, order it published, and that it takes effect on March 1, 2024. It was seconded by CM Holtin. CM Holtin – spoke in favor of the EV charging stations stating that the Arvada Target store’s EV charging stations are the most used charging stations in the State. This will help economic development, as people shop while their vehicles are charging. Vote: 7-0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING CM Hoppe introduced Council Bill 05-2-24. 4. Council Bill No. 05-2024, an ordinance authorizing the appointment of an administrative hearing officer for liquor licensing matters and declaring an emergency. Staff Presentation City Attorney Jerry Dahl stating that the Bill is brought forward because the Liquor Authority has had trouble filling a quorum for some time. It has been a true challenge. City staff is requesting an alternative, using an administrative hearing officer to handle licensing, show cause hearings, modifications and other issues. Emergency ordinances are not brought forward very often, but it is important to the welfare of our businesses. The Charter states that the ordinance will be effective upon the vote and a public posting is not required. Unless liquor licenses can be properly processed and renewed, businesses cannot serve alcohol. Thus, it leads to an emergency situation. Public Comment Morgan Richards – Resident -Chair of Liquor Authority – spoke in favor of the ordinance, stating that the Authority struggles to have a quorum present, stating that in one circumstance, an owner flew in from out-of-town to appear before the Authority, and the hearing had to be postponed due to lack of a quorum. She also stated, that while the residents who serve as the Authority are good-intentioned, they are not attorneys. Decisions need the strong knowledge of the complex and ever-changing liquor laws and should be in the hands of an attorney or hearing officer. She stated that she and others support the proposal, and it is important for the City’s small businesses to have an efficient and effective process. She thanked Council for their consideration. Council Questions and comments CM Hoppe – clarified that a future study session would be held to determine a permanent solution to the issues stated tonight. CM Hoppe made a motion to to approve Resolution No. 05-2024- An Ordinance authorizing the appointment of an administrative hearing officer for liquor licensing matters and declaring an emergency. It was seconded by CM Stites. Vote: 7-0. The motion carried. DECISIONS, RESOLUTIONS AND MOTIONS 5. Motion to appoint Board and Commission members. By tradition, Board & Commission appointments are introduced by each District’s senior member and seconded by the junior member. CM Hoppe introduced Item 5 and read the Issue Statement into the Record: Issue As of March 2, 2024, the terms of twenty-one current Board and Commissions members of the City of Wheat Ridge will expire. Additionally, there are two existing vacancies to fill which include seats on the Cultural Commission and Liquor Licensing Authority, and one position being added to the Board of Adjustment per the new Board and Commission rules going into effect March 1, 2024. These 24 positions in total are to be filled or reappointed. Additionally, the Parks and Recreation and Planning Commissions have two members from specific districts whose terms expire in the same year. Term expirations should be staggered. This is caused by an error years ago when appointments were made. Staff recommends Council take this opportunity to stagger the term dates as further described below. Mayor Starker recommended appointing: Wanda Sang to the Election Commission for an at-large seat, term ending March 2, 2026; and Elisa White to the Election Commission for an at-large seat, term ending March 2, 2026; and Jeff Richards to the Cultural Commission for an at=large seat, term ending March 2, 2027; and Celeste Tanner to the District I Urban Renewal Authority seat, term ending March 2, 2029; and Marcia Hughes to the District III Urban Renewal Authority seat, term ending March 2, 2029. CM Hoppe made a motion to approve the Mayor’s recommendation for appointments: It was seconded by CM Snell. Vote: 7-0. The motion carried. District I CM Hoppe made a motion to appoint the following: Celia Daly to the Cultural Commission, term ending March 2, 2027; and Cambria Rollo to Parks and Recreation, term ending March 2, 2027; and Kris Holub to the Planning Commission, term ending March 2, 2027. It was seconded by CM Snell. Vote: 7-0. The motion carried. District II CM Hoppe made a motion to appoint the following: Beth Kelley to the Cultural Commission, term Ending March 2, 2027. and Juanita Stites to the Liquor Licensing Authority, term ending March 2, 2025; and Kathy Weisbrodt to Parks and Recreation, term ending March 2, 2027. It was seconded by CM Ohm. Vote: 7-0. The motion carried. District III CM Weaver made a motion to appoint the following: Michael Griffeth to the Board of Adjustment, term ending Mach 2, 2027; and Ronald Abo to the Building Code Advisory Board, term ending March 2, 2027; Sandra Davis to the Cultural Commission, term ending March 2, 2027; and Jean Vratil to the Liquor Licensing Authority, term ending March 2, 2027. It was seconded by CM Stites: Vote: 7-0. The motion carried. District IV CM Larson made a motion to appoint the following: Justin Slocum to the Building Code Advisory Board, term ending March 2, 2027, Syrma Quinones to the Planning Commission, term ending March 2, 2027. It was seconded by CM Hoppe. Vote: 6-0. The motion carried. 6. Resolution No. 08-2024 – a resolution adopting bylaws of several of the city’s public bodies. CM Snell introduced Resolution 08-2024 and read the Issue Statement into the Record: Issue The City Council has adopted Boards and Commissions Code amendments which come into effect on March 1, 2024. As a result, each of the City’s public bodies have approved bylaws that conform to the code amendments and make general improvements. These bylaws can only be adopted by resolution of the City Council. Staff Presentation Management Analyst, Cole Haselip presented to Council the details of this Resolution stating it brings into compliance the bylaws of each of the City’s boards and commissions. All staff liaisons and public bodies have read the CM Larson asked why the all except the Planning Commission has two 3-year appointments. Staff explained that the Planning Commission terms were already in the Code and these are being adopted by Resolution. Public Comment None. Council Questions and comments None. CM Snell made a motion to approve Resolution No. 08-2024- A Resolution adopting bylaws of several of the city’s public bodies. It was seconded by CM Weaver. The motion carried 7-0. CM Weaver and CM Holtin thanked staff for all their hard work on unifying the Boards and Commissions, stating it will have a good impact on succession planning. 7. Resolution No. 09-2024 – A Resolution adopting the Boards and Commissions Code of Ethics MPT Stites introduced Resolution 09-2024 and read the Issue Statement into the Record: Issue Staff requests that the City Council adopt a Boards and Commissions Code of Ethics to instruct board and commission members to act in a manner that aligns with the City’s values. Staff Presentation Management Analyst, Cole Haselip presented to Council the details of this Resolution, stating that the Code of Ethics aids in how members conduct themselves, and allows removal for excessive unexcused absences. Public Comment None. Council Questions and comments None. MPT Stites made a motion to adopt Resolution 9-2024, a Resolution adopting the Boards and Commissions Code of Ethics. It was seconded by CM Hoppe. Vote: 7-0. The motion carried.\ MPT Stites introduced Resolution No. 10-2024 and read the Issue Statement into the Record: 8. Resolution No. 10-2024 – a resolution approving an intergovernmental agreement between the City of Wheat Ridge and the Jefferson County School District R-1 for School Resource Officer services Issue The Wheat Ridge Police Department and the Jefferson County School District have worked together for several years and participated in the School Resource Officer (SRO) Program. The primary mission of the SRO Program is to provide formal instruction, informal consultation and mediation, enforcement and problem solving for the school communities. A formal, written, intergovernmental agreement between the City and the District concerning school resource officers, has been in place for over ten (10) years. The District has requested the intergovernmental agreement be reviewed and reapproved. Staff Presentation Division Chief Eric Kellogg presented to Council the details of this resolution, stating there was few differences from the last resolution Council adopted for the SRO Program. He went on to explain the program and its benefits to Council. CM Hoppe asked about the training for the SROs, specifically regarding the juvenile aspects to the training program. Division Chief Kellogg explained that SROs all go through the required 40 hours of basic training, formalized educational truancy intervention, anti-bullying; consequence protocols, establish mentoring programs, and work with the kids and their families. In addition, they stay on top of their tactical training, active shooter, safety, teaching kids about their moral compass and more. CM Weaver asked how the SROs are chosen. Chief Chris Murtha stated that the interview is rigorous and competitive. One is a former teacher and one worked with youth in Parks & Recreation. Something else unique about Wheat Ridge SROs is that they are paid through Wheat Ridge, where others are paid by grants or the school district. The City pays these officers so the Department wants the right people in place. Mayor Starker asked, if after training, the SRO is a permanent assignment. Chief Murtha stated the SROs are on a four-year rotation, but there are provisions for them to stay in place, if they want it. Motion by CM Stites to approve Resolution No. 10-2024- A Resolution approving an intergovernmental agreement between the City of Wheat Ridge and the Jefferson County School District R-1 for School Resource Officer services. It was seconded by CM Weaver. Weaver and Stites spoke very highly of the SRO program. Vote: 7-0. Motion carried. CM Weaver introduced Resolution No. 11-2024 9. Resolution No. 11-2024 – a resolution authorizing the Mayor to execute two agreements with Jefferson County Open Space to accept Trails Partnership Program Funds in the amount of $252,650 for improvement and studies related to the Clear Creek Trail and for $32,069 for replacing and improving the Hayward Park walking trail. Issue The City of Wheat Ridge was awarded $252,650 and $32,069 from two separate grant awards through the Jeffco Open Space (JCOS) Trails Partnership Program. The $252,650 award is 50% of the estimated cost for specific studies, designs, and improvements to the Clear Creek Trail. The $32,069 award is 25% of the estimated cost to replace the existing asphalt Hayward Park walking trail with 8’ wide concrete. Staff Presentation Grant and Special Project Administrator, Brandon Altenburg was available via Zoom to answer questions. Council Questions and comments CM Holtin and CM Ohm spoke to needed lighting in the tunnel, as currently it is dark and feels unsafe. Both thanked staff for the crossing. CM Weaver made a motion to approve Resolution No. 09-2024- A Resolution authorizing the Mayor to execute two agreements with Jefferson County Open Space to accept Trails Partnership Program Funds in the amount of $252,650 for improvement and studies related to the Clear Creek Trail and for $32,069 for replacing and improving the Hayward Park walking trail. It was seconded by CM Ohm. Vote: 7-0. The motion carried. CITY MANAGER’S MATTERS City Manager Patrick Goff spoke to the process for electing a new presiding judge and thanked the interview panel; mentioned business grand openings; and stated that a sound study is being done regarding the Silver Bullet so the City will get a report back in a couple of weeks. CITY ATTORNEY’S MATTERS No report. ELECTED OFFICIALS’ MATTERS CM Snell thanked community members for applying to the many boards and commissions and gave a special thanks to Jerry DiTullio for his work for the community. She stated she appreciated the discussion regarding the SROs and hoped for continued discussion about anti-bullying in the schools. CM Snell invited the community to the Friday Art Show at Art Centric. CM Hultin – Thanked the board and commission members for their interest and their efforts. She spoke to the Charter provision, in hopes of changing it in the future, regarding only allowing registered voters to serve on City Boards and Commissions. She stated she would like to see that barrier removed. She liked that Happiness Gardens had markers showing the types of trees being grown there and expressed her thanks to Denver Urban Gardens for partnering with the City. She thanked everyone who came to the District II meeting and felt like a very civic and civil space. She thanks everyone who participated. Mental health was discussed and she stated that she would be adding mental health to her Happiness Garden report. She encouraged everyone to be good neighbors, be friendly, and stated there are mental health resources available. CM Larsen – He invited residents of District IV to CM Dozeman and his District IV Meeting on April 2nd at 6 pm at Anderson Park. He stated they would like to hear the residents’ concerns. CM Ohm stated he attended a recent CML meeting with the Mayor and had good conversations with everyone. At the District II meeting, there was discussion regarding the Historical Society, the Grainge and the need of membership, advertising and promotion for their district meetings; and getting help with knowing where traffic closures will be. CM Weaver – no report. CM Hoppe – She thanked everyone who applied for the boards and commissions. She stated that if someone applied and did not get on their chosen board or commission, to please apply to one of the boards with current openings. MPT Stites – He thanked the board and commission members for helping the City. He encouraged the local businesses to get involved with one of the business associations in the City and also encouraged those in the Business District to contact the City to talk about potential grants for small improvements. He encouraged everyone to find it and buy it in Wheat Ridge. Mayor Starker - He thanked everyone who applied for a board or commission, stating he appreciated their help in making great things happen in the community. He gave a special thanks to the staff who brought the bicycle and EV charging stations initiative forward; and the Police Department for a great presentation regarding the SRO program. On behalf of the City, he offered his condolences to the family of Eugene Kiefel. He owned the well-known Wheat Ridge Cyclery and peacefully passed away in his home on February 4th at the age of 92. Update Wadsworth Blvd. Closures Maria D’Andrea, Director of Public Works, gave a brief update to Council, letting them know that due to some very deep excavation work being done, the intersection at 38th Avenue will be closed except for emergency vehicles. This includes pedestrian traffic as well. After discussion with Council and their expressing concern for the length of time it would take for pedestrians to detour, staff stated they would try to find a solution and the detours would be plainly marked with signage. ADJOURNMENT The meeting adjourned at 8:27 pm. APPROVED BY CITY COUNCIL ON March 25, 2024 _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Bud Starker, Mayor 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. CITY OF WHEAT RIDGE, COLORADO STUDY SESSION NOTES Hybrid - Virtual Meeting March 4, 2024 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. Mayor Starker also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council Members present: Scott Ohm, Jenny Snell, Korey Stites, Amanda Weaver, Leah Dozeman (virtual), Dan Larsen, Janeece Hoppe, and Rachel Hultin. Also present: City Manager, Patrick Goff; Deputy City Manager Alli Scheck; Director of Community Development, Lauren Mikulak; Director of Public Works, Maria D’Andrea; Renewal Wheat Ridge Executive Director, Steve Art; Assistant City Manager, Marianne Schilling; Sr. Deputy City Clerk Margy Greer; 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. 1. Amendment to the Cooperation Agreement between the City and Wheat Ridge Urban Renewal Authority for the Walmart Redevelopment Issue U.S. Retail Partners, LLC (the “Developer”) redeveloped the vacant Walmart retail building within the Applewood Village Shopping Center in 2019 which resulted in new retailers such as Hobby Lobby, HomeGoods, Sierra Trading Post, Ultra, Eyeglass World and Chick-fil-A. To assist in the redevelopment, the City, and the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge (RWR) entered into a Cooperation Agreement dated May 13, 2019 which authorized the City to pledge a 1.0 cent sales tax increment to the project for a period of five years up to a maximum amount of $2,000,874. The sales tax pledge will expire in 2024. Due to the emergence of the COVID crisis shortly after the new retailers opened, and other economic factors, the sales tax pledge is estimated to generate only $390,471, well short of the $2,000,874 originally estimated by revenue modeling. The Developer has requested an extension of the sales tax pledge for another ten years, without amending the maximum sales tax pledge of $2,000,874. City Manager Patrick Goff gave some background on the original cooperation agreement, stating that Walmart closed their doors in 2017 and two years later COVID hit, which caused another economic downturn for the US Retail shopping center. US Retail is requesting to extend the share of sales tax for another ten years up to original maximum, whichever comes first. Mr. Goff explained that the request is to continue the one-cent sales tax from the three and one-half cent of the current sales tax. He introduced Will Dennis, the representative from US Retail and stated that Steve Art, Director of the Urban Renewal Authority and the City’s Economic Development Director will be on hand to answer questions after the presentation. Mr. Dennis, representative of US Retail, gave a brief introduction of their company’s history, stating they own over 500 shopping centers across the country; have ben a public company since 1994; and their approach to corporate responsibility. He stated they pride themselves on their corporate responsibility; creation of long-term value; brand and reputation, and that they have unequaled strategic advantages. He spoke to their portfolio of shopping centers, anchor stores, location, service to communities; their team of experienced professionals; close relationships and communication with their tenants; flexible development; and redevelopment opportunities. Mr. Dennis gave a PowerPoint presentation showing their best-in-class operating platform, strong value creation pipeline, balance sheet and liquidity strength, and included the plans for moving forward on the Wheat Ridge site depicting renderings of retail store locations and plans for the future. He reviewed the history of site since Walmart vacated in 2017, stating that the shopping center has had its challenges. He also stated the Applewood Shopping Center is a core asset for Regency/US Retail Partners. In addition, challenges with the Jefferson County Assessor, the establishment of the property tax increment portion of the Agreement was delayed several years. Estimates indicate than an extension of the time for the sales tax portion of the agreement will put them close to the original financial assumptions within 7-10 years. He stated he is proud of the center and glad to be working with Wheat Ridge City Council. Staff Reports Renewal Wheat Ridge Executive Director, Steve Art presented the issue and summarized background on the issue, where on May 13, 2019, City Council approved a Cooperation Agreement authorizing the City to share 1.0 cent of its 3.5 cents sales tax for a period of five-years. Mr. Art stated that if approved, the City will continue to share 1.0 cent of its 3.5 cent sales tax generated from this project for a period of an additional 10-years or a maximum amount of $2,000,874, whichever occurs first. Based on current revenue projections, the maximum amount is estimated to be reached in Fiscal Year 2028. The redevelopment of the Walmart site is currently generating approximately $815,000 in sales tax revenue annually for the City. Mr. Art went on to explain that due to the emergence of the COVID crisis as well as other economic factors, the modeled timing and revenue assumptions have been different than the revenue models originally anticipated. The result is that the economic value of the agreement is approximately $3.7 million less than anticipated which is negatively impacting the operation and future investments of the shopping center. If the Cooperation Agreement is amended to extend the sharing of the sales tax by another ten years up to a maximum of $2,000,874, the economic value of the agreement will only be $2.6 million less than anticipated. CM comments and feedback 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. MPT Stites proposed a consensus for City Council to move forward with a formal presentation at a future Council meeting adopting a resolution approving an Amendment No. 1 to the Cooperation Agreement between the City of Wheat Ridge and RWR to extend the sales tax pledge for another ten years up to a maximum of $2,000,874. There was General Consent from City Council to move forward with the Amended Agreement. 2. Final Design for The Green at 38th Issue Staff received direction from City Council in 2018 to engage a designer to develop conceptual designs for a community gathering space at The Green on 38th Avenue in front of Stevens Elementary. The final design is now nearly complete, and construction is scheduled to begin on June 1, 2024, when the school closes for summer break. Staff and the architect for the project, Architerra Group, will provide an update on the project and present the final design to City Council at the March 4th study session. Staff Reports Presentation on the issue was provided by City Manager Patrick Goff and included items, but was not limited to: • The background of the issue, including prior actions. • The financial impact. • The preferred concept design. Mr. Goff finished the presentation stating that the City and the School District have an existing agreement that allows for shared use of The Green, which has been in place for the last several years. The School District continues to be very supportive of this redesign and continued shared use, which as noted above, meets important goals for both the City and District. The original intent was for the City to enter into a long-term lease with the District to utilize the District’s property for this project. However, the District has now agreed to convey the property to the City in exchange for the City paying for and constructing a new parking lot for Stevens Elementary. Mark Taylor of the Architerra Group gave a PowerPoint presentation which included conceptual drawings and the design for The Green at 38th, located east of Wadsworth on 38th Avenue in front of Steven Elementary School. The Project Vision and Objectives included a formal performance space; a permanent structure for shade and performance or event support; a space or use that draws visitors to the park when no scheduled events are occurring; a shade/cover for users of the park; a visual and physical separation between the school and public space; a large unprogrammed green space; and the design should be self-contained so that adjacent roads don’t’ need to be closed for festivals/events. He showed four conceptual drawings of the space; a conceptual site plan stating the key considerations; providing some historical references, parking design and layout; the promenades showing sign markers; an art screen; pedestrian walkways; market layout; central gathering areas; play areas, musical play; stage; final concept and furnishings. Public Comments: From Wheat Ridge Speaks: Kathy Havens - Resident I have followed this project since its inception first became public. The proposed plans for this park, and for the front lawn of Stevens Elementary School, always included a new driveway or street to carry student drop offs and pick ups, from Upham Street, in a configuration that avoided student and park use automobile traffic on High Court. At a local District II meeting in February, 2024, we were advised that the school district was now proposing a through street, from Upham to High Court, to facilitate student drop offs/pick ups. Stevens has greatly increased its student population this year because of the closing of Wilmore-Davis. Traffic has exponentially increased this year with parents driving their children to school, especially since many of the students now live west of Wadsworth Boulevard and parents are concerned about their children crossing Wadsworth to reach their school. Traffic before school in the morning and after school in the afternoon, as it is now configured, needs to be considered by those planning for this park. The Stevens' property is used not only during the school day, but also after school, on weekends and throughout the summer for boys and girls soccer, softball, and baseball. The majority of these participants are brought to the games by their parents, who then stay to watch the games. Parking is often at a premium during these games, and is, in fact, often at a premium during the school day. Existing parking is often full even during school hours. Please provide some thought to these new conditions when planning for traffic and parking in the park. Visiting the area before, during and after the school day, and during athletic and other events, would be helpful. CM had comments and questions: Several CM and the Mayor thanked them for the informative presentation. CM engaged in a discussion and exchange of questions and proposals with the staff and among themselves, addressing the issue. In answer to a Council question, Patrick Goff stated that incorporating public art work into the project would be a different budget item for discussion. There was General Consent from City Council to move forward with the Amended Agreement. 3. Agreement with Jeffco School District for Development of The Green at 38th Issue Staff received direction from City Council in 2018 to engage a designer to develop conceptual designs for a community gathering space at The Green on 38th Avenue in front of Stevens Elementary. The final design is now nearly complete, and construction is scheduled to begin on June 1, 2024 when the school closes for summer break. Staff signed a nonbinding Letter of Intent with the Jefferson County School District which set forth the terms under which the District would convey the property necessary for The Green to the City in exchange for the City constructing a new parking lot for Stevens Elementary. The terms of the Letter of Intent have been incorporated into the attached Draft Contract to Buy and Sell Real Estate which will be presented to City Council at the March 4th study session. Staff Reports Presentation on the issue was provided by City Manager Patrick Goff and included unique items from the additional provisions of the contract in Section 29. Some of those where: 1. The City will cause the property for The Green to be a separately platted parcel – this process in underway. 2. The contract shall be conditioned on the inclusion of a reverter clause for the benefit of both Jefferson County Open Space (JCOS) and the Jefferson County School District. The City is currently working with JCOS to transfer the reverter from Town Center Park to The Green. The reverter clause will require the City to continue to operate The Green for “Park Purposes”. If the City fails to maintain the property for “Park Purposes”, JCOS may take over operation of the park and/or the property may be deeded back to the District. 3. The City will construct a parking lot and associated hardscape on District property that is like size and capacity as the current parking lot in exchange for the District deeding the property associated with The Green to the City. The engineers estimate for construction of the parking lot is approximately $1.4 million. Jefferson County School District Representative stated that the agreement is a standard real estate agreement. The parking lot still will be owned and maintained by the School District. The City agrees to use the Open Space property for park and recreation uses. The group finished the presentation and stood by to answer questions. CM had comments and questions: Several CM and the Mayor thanked Mr. Goff for the informative presentation. CM engaged in a discussion and exchange of questions and proposals with the staff and among themselves, addressing the issue. Mr. Goff explained the Open Space reverter issue and how the reverter is attached to property. He also explained that grants are being researched and staff is looking at other funding to make this possible. There was General Consent from City Council to move forward with the Amended Agreement. 4. Resolution in Opposition to HB24-1152 – ADU Policy Preemptions Issue The Colorado Legislature’s House Bill 24-1152 preempts and undermines the efforts of the City of Wheat Ridge to continue a well-researched and community-driven accessory dwelling unit (ADU) policy. Notably, it would void the City’s locally supported requirement that ADUs be owner-occupied. Council may consider providing consensus to oppose HB24-1152 by resolution. Staff Reports City Manager Patrick Goff stated that the City spent many hours working on the ADU ordinance they now have in place and this Bill is in direct opposition to one of the items Council has placed in the City’s Code: it preempts the requirement that ADUs be owner occupied, undermining the efforts of the City Council. Mayor Starker stated this is not only local preemption but it directly effects years of work done by City Council. He requested Council’s support for the proposed resolution. Discussion included but was not limited to: • The previous actions taken by the City. • The bill undermines the efforts of the City of Wheat Ridge. • The bill preempts the City’s requirement that ADUs be owner occupied. • The bill limits the City’s ability to regulate ADUs in the future. CM had comments and questions: Discussion ensued and Council Members proposed a process for reviewing legislation and deciding whether to take a position; a broader conversation to take place regarding preemptive legislation from the State; and discussing how often Bills may come before Council that need to be discussed and perhaps voted on. After discussion, consensus was obtained to have a Resolution brought forward opposing any legislation that preempts home rule authority; thus, allowing opposition to Resolution 24-1152 for that reason. 5. Staff Report(s) None. 6. Elected Officials’ Report(s) CM Ohm – stated he went to a new business, Illegal Peace, on Wadsworth and enjoyed it immensely. CM Stites – stated he and Councilor Weaver and he will be holding their District meeting on March 30th at 9:00 am at the Recreation Center. Greg Moss and Lindsay Reinhardt will be the guest speakers, talking about Lutheran Medical Center. CM Hoppe - thanked staff for the great working relationship they have the businesses. She stated she called staff and told them that the bike racks near Illegal Peace were blocking ADA accessibility, they spoke to the developer and it was quickly rectified. CM Larson – stated CM Bozeman and his District IV meeting is being held on April 2nd at Anderson Park, Anderson House and there would be two hot topics for discussion. Mayor Starker invited everyone to have Coffee with the Mayor on Saturday Morning at 9 am. He also stated there would be no Council meeting next Monday Night coffee due to a delegation of Council Members going to Washington D.C. City Manager Patrick Goff stated that as of today, $2 million is still in the budget for housing and the House will vote on it next week. ADJOURNMENT The Study Session adjourned at 9:02 pm. APPROVED BY CITY COUNCIL ON March 25, 2024. _________________________________ Margy Greer, Sr, Deputy City Clerk _________________________________ Bud Starker, Mayor PROCLAMATION CHILD ABUSE PREVENTION MONTH April 2024 WHEREAS, every child deserves to grow up in a safe, nurturing environment, free from harm and fear. Every responsible person will agree that even one abused child is too many; and WHEREAS, the month of April has been designated nationally as Child Abuse Prevention Month. We encourage all community members to join in renewing our commitment to learning what we can do to promote the safety and well-being of children; and WHEREAS, Wheat Ridge has dedicated individuals and organizations who work daily to counter the problem of child abuse and to help parents obtain assistance they need; and WHEREAS, our community is stronger when all community members become aware of child abuse prevention and become involved in supporting parents to raise their children in a safe and nurturing environment; and WHEREAS, effective child abuse prevention programs succeed because of partnerships among families, social service agencies, schools, religious and civic organizations, law enforcement agencies and the business community; and WHEREAS, Ralston House Child Advocacy Center works with law enforcement, child protective services, district attorney’s offices in the 1st and 17th Judicial Districts, and the community to provide a safe place to investigate child abuse and provide victim services for children who have been physically or sexually abused or witnessed violence. NOW, THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim the month of April 2024, to be: CHILD ABUSE PREVENTION MONTH IN WITNESS WHEREOF, on this 25th day of March 2024. ____________________________ Bud Starker, Mayor ______________________________ Steve Kirkpatrick, City Clerk PROCLAMATION SEXUAL ASSAULT AWARENESS MONTH - APRIL 2024 COLORADO DENIM DAY - APRIL 24, 2024 WHEREAS, every day, women, men, and children across Colorado suffer the pain and trauma of sexual assault; and WHEREAS, sexual violence affects individuals of all ages, backgrounds, and circumstances; and WHEREAS, this crime occurs far too frequently, goes unreported far too often, and leaves long lasting physical and emotional scars; and WHEREAS, during National Sexual Assault Awareness Month, we recommit ourselves not only to lifting the veil of secrecy and shame surrounding sexual violence, but also to raise awareness and expanding support for victims; and WHEREAS, at the state level, we must work to provide necessary resources to victims of every circumstance, including medical and mental health services, relocation and housing assistance, and advocacy during the criminal justice process; and WHEREAS, PorchLight Family Justice Center provides comprehensive legal, emotional and critical supportive services for survivors of domestic violence, sexual assault, child abuse, abuse of at-risk individuals, elder abuse, and human trafficking. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby declare the month of April 2024, as SEXUAL ASSAULT AWARENESS MONTH and further recognize April 24, 2024, as Colorado Denim Day, encouraging Wheat Ridge residents to wear denim to show their support for the victims of sexual assault and highlight this issue in our community. IN WITNESS WHEREOF, on this 25th day of March 2024. ___________________________ Bud Starker, Mayor ___________________________ Steve Kirkpatrick, City Clerk ITEM NO: 1a DATE: March 25, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 12-2024 – A RESOLUTION AMENDING THE FISCAL YEAR 2024 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $75,000 FOR IMPROVEMENTS TO COUNCIL CHAMBERS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Deputy City Manager City Manager ISSUE: The City receives approximately $27,000 per year from the Public, Educational and Governmental (PEG) access channel fee assessed by the local cable franchising authority (Comcast) for costs associated with the channel. Staff recommends some improvements and upgrades to equipment in Council Chambers so that public meetings can be more effectively managed, presented and televised. This request appropriates funds restricted for these purposes to make the improvements. PRIOR ACTION: Council appropriates PEG funding for use in each annual budget cycle. In 2024, $28,716 was appropriated for channel 8 related expenses. FINANCIAL IMPACT: PEG fees are restricted solely for the use of costs associated with programming and maintaining Channel 8. Staff estimates the City will have $234,345 in the PEG fee restricted fund balance at the end of 2024 prior to this appropriation. Accounting for this appropriation, the fund balance estimate is $159,345. Council Action Form – PEG Funding Supplemental March 25, 2024 Page 2 As PEG fees hold a restricted fund balance, this appropriation causes no impact to the unrestricted General Fund balance. BACKGROUND: The improvements to Council Chambers include the following: • Replace the failing Tricaster live switcher which provides for different angles and shots during a broadcast. • Replace wiring and monitors to enable high-definition projection broadcast. • Remove the computer and other audio-visual equipment from the podium and replacing it with a lighter and more movable podium. • House the chambers computer and other audio-visual equipment in a credenza at the side of the room. • Purchase a device that allows presenter to easily share presentations to the screen and chambers monitors. • Replace all dais monitors with high-definition screens. • Replace the public speaking timing system. • Upgrade lighting fixtures in chambers to LED to comply with Colorado Clean Lighting Act (HB23-1161). RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriation. RECOMMENDED MOTION: “I move to approve Resolution No. 12-2024, a resolution amending the Fiscal Year 2024 budget to reflect the approval of a supplemental budget appropriation in the amount of $75,000 for improvements to Council Chambers,” Or, “I move to table indefinitely Resolution No. 12-2024 for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Amanda Harrison, Communications Manager Daniel Beiers, Facilities Manager Jesse Dubin, IT Manager Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 12-2024 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 12 Series of 2024 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2024 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $75,000 FOR IMPROVEMENTS TO COUNCIL CHAMBERS WHEREAS, the City collects a fee to support the Public, Educational and Governmental (PEG) television channel; and WHEREAS, PEG fees may be used to offset costs associated with the public television channel; and WHEREAS, the City desires to make improvements to Council Chambers to enhance the presentation of live broadcasts; and WHEREAS, sufficient funds exist to cover the costs of these improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A transfer of $75,000 is hereby approved from the PEG Fee designated reserves in the General Fund fund balance to account 01-113-700-755. DONE AND RESOLVED this 25th day of March 2024. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 ITEM NO: 1b DATE: March 25, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE CONTRACT WITH GOVOS FOR THE TAX AND LICENSING REVENUE SYSTEM IN THE AMOUNT OF $95,626 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Deputy City Manager City Manager ISSUE: In 2021, City Council determined a priority of the City must be to streamline permitting and licensing to assist the business community in working with Wheat Ridge and provide greater customer service. Following a two-year evaluation period of systems and existing business processes, the City has selected five systems to drive efficiency and modernize business practices. The first system to be purchased and implemented is GovOS which will facilitate tax and business licensing filing and collection. PRIOR ACTION: Regular updates have been provided to Council over the course of the last two years during study sessions, budget presentations and the City Manager’s quarterly update. FINANCIAL IMPACT: Over the course of the last three budgets, the City has saved $844,000 in the Equipment Replacement Fund to fund the implementation and initial subscription fees to replace the existing legacy enterprise resource planning (ERP) system. The first year’s subscription fees for each system will be covered from the Equipment Replacement Fund. Therefore, there is no impact to the General Fund reserves in 2024 from the purchase of this system. Council Action Form – GovOS Contract March 25, 2024 Page 2 BACKGROUND: In February 2021, Council determined that streamlining the permitting and licensing programs to be a priority workplan item for staff. Approved activities include onboarding a new licensing technician in the Finance Division to assist businesses and other licensees comply with new licensing programs including massage, short-term rentals, tobacco retailing and hotel; updating municipal code and joining the State’s Sales and Use Tax System (“SUTS”); and conducting an analysis of the City’s ERP. All three of these activities are complete. Additional activities were contemplated including tax and licensing educational campaigns and targeted outreach to property owners. These activities will be implemented once new systems are in place. In 2022, the City retained the consultancy firm BerryDunn to conduct a full and sweeping analysis of the City’s current systems and business processes. This included finance, revenue, building permitting, human resources information systems (HRIS) and courts. With BerryDunn, the City conducted a request for proposal (RFP) process to determine the best system or package of systems to best serve the City’s needs. Staff learned through this process that no one system exists to serve the City’s needs and that instead, systems tailored to specific needs will best serve the needs of business owners, residents, staff and other stakeholders. Ideal systems have been selected for each area mentioned above and an implementation schedule has been determined as follows: Area System Implementation Timing Revenue – tax and licensing GovOS April – November 2024 Permitting – building and right-of-way OpenGov April – December 2024 HRIS – payroll, personnel, applicant tracking, time keeping, performance *TBD – contract pending February – May 2025 Finance – accounting, general ledger, cashiering *TBD – contract pending May 2025-June 2026 Courts – judicial management *TBD – contract pending June 2025 – May 2026 *Preferred systems have been identified, but negotiations are ongoing. Other systems are feasible should terms not prove favorable to the City. Given Council’s focus on streamlining the City’s permitting and licensing programs, staff have prioritized revenue and permitting systems for implementation in 2024. Thanks to the work of Community Development staff, the City recently received notice of a grant award to fund the first year and implementation costs of the preferred permitting system, OpenGov, through the Colorado Department of Local Affairs (DOLA). Council Action Form – GovOS Contract March 25, 2024 Page 3 Contracts for each system will be brought to Council for approval as they are ready and prior to implementation kick-off. GovOS Staff analyzed several potential systems for tax and licensing. Through the RFP process, staff was surprised to learn that some finance ERP systems are not designed to handle tax and licensing components and that the majority of Colorado municipalities who have moved to a modern finance system have procured a separate system to handle tax and licensing. The preferred system for the City’s revenue program, specifically tax and licensing, is GovOS, formerly MuniRevs. GovOS is a known entity to the City for several reasons. First, the City currently uses GovOS as a solution for its short-term rental licensing and lodging tax remittance. Second, the State of Colorado’s Sales and Use Tax System (SUTS), in which the City participates, uses the GovOS platform. Because of this, staff believe that there will be additional efficiencies and benefits to all users of GovOS and that more businesses will opt to use the State’s SUTS system as a result. Finally, staff consulted with other municipalities that use GovOS and received positive feedback. While evaluating tax and licensing systems, staff considered self-service features, ease of use for businesses and other taxpayers, cost and system security. GovOS provides the best features for the cost with acceptable system security compared to all the systems that staff evaluated. When staff determined the overall RFP process did not meet the need for a revenue system, staff utilized a “bake-off” procurement process in which three vendors all with cooperative, piggy-backable agreements were invited to provide a demonstration of their software to staff. GovOS was ultimately chosen as the preferred solution due to the software functionality and negotiated costs. The City of Longmont completed their procurement process in 2020 and included favorable terms for other Colorado municipalities. This contract includes an annual fee of $95,626 to be renegotiated after three years. RECOMMENDATIONS: Staff recommends approval of the GovOS contract. RECOMMENDED MOTION: “I move to approve the contract with GovOS for the tax and licensing revenue system in the amount of $95,626,” Or, “I move to not approve the contract with GovOS for the following reason(s) _________.” Council Action Form – GovOS Contract March 25, 2024 Page 4 REPORT PREPARED/REVIEWED BY: Whitney Mugford-Smith, Procurement Manager Mark Colvin, Finance Manager Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. GovOS quote and Master Services Agreement Business Licensing & Tax Filing Wheat Ridge, CO Prepared for: Whitney Mugford-Smith Wheat Ridge, CO 7500 W 29th Ave Wheat Ridge, Colorado, 80033 8310 N. Capital of Texas Hwy. Bldg. 2, Ste. 250, Austin, TX 78731 www.GovOS.com 2024-03-08 0061P00000c8hygQAA Submitted by: Amanda Taylor Account Executive 281-377-0026 Amanda.Taylor@GovOS.com ATTACHMENT 1 GovOS Business Licensing & Tax Filing Wheat Ridge, CO Who is GovOS? Digital Transformation for Government Building a modern government experience requires software that can be customized to meet the expectations of constituents and the needs of your staff. GovOS is a range of application suites, each designed to help you achieve digital transformation in areas that have historically been tricky to manage. GovOS offers software solutions to power local government in every step of their digital transformation journey. Our applications perform for any department within any size government. Specializing in employee, business, and citizen engagement, GovOS can help you transform your agency and your community. Why GovOS? Governments use GovOS solutions to power online services for 20+ million constituents. As a partner to hundreds of government agencies we serve across the U.S., we're transforming the way people experience local government with best-in-class digital solutions and services that modernize operations and improve constituent access and engagement. Advantages of GovOS Peace of Mind All GovOS digital solutions are cloud-based, adhering to the highest levels of security protocol and delivering secure, reliable and scalable access to information. Ease of Use Many of the solutions in the GovOS suite require no technical experience to use or administer. With just a little guidance and setup, customers can be up-and-running quickly. Configuration Options You have complete control over your functionality and workflows. From customizing and configuring automation options, you can build ideal, easy-to-use online services for everyone. World-class Service GovOS customers have access to truly superior customer service. From the first day of the project, our team works closely with yours to set you up for success, and help you achieve your goals no matter how lofty. From quick wins to complete digital transformation, the GovOS platform fits your department. We look forward to working with you, Whitney Mugford-Smith and Wheat Ridge, CO, and discovering how GovOS can help you better serve your constituents. 2 GovOS Business Licensing & Tax Filing Wheat Ridge, CO Business License and Tax Overview The GovOS Business Licensing and Tax solution allows municipalities to streamline the entire Business Licensing process from registration to renewal. Businesses can easily register, renew and pay for their licenses online. Municipalities can set customized, automated workflows for processing these licenses. In addition, Businesses can file and pay their taxes online via a smart form that calculates amounts owed based on the user's input. If Businesses are delinquent, our system automatically accounts for additional fees. Internally, municipalities can report on all businesses filing taxes and easily track both collections and delinquency. Key Features & Functionality • Online Business Registrations • Automated Business License Renewals • Highly customizable workflows for different types of Business Licenses • Collaborative workflows for multi-department approvals • Integrated Payment Processing • Automated tax calculations • Automated business communications/notifications • Data collection & storage • Reporting and Tracking Solutions Highlight • One stop shop and paperless business center for municipalities to serve all the needs of their community business owners • Streamlined processes and automated tasks increase efficiency and saves valuable time for staff • Automated and customizable communications • Smart forms with calculations ensure that businesses are paying the full and correct amount in taxes so municipalities don't miss out on revenue 3 GovOS Business Licensing & Tax Filing Wheat Ridge, CO Why GovOS Business License and Tax? Create a 24/7 Online Business Center GovOS' solution enables Businesses to register new licenses, renew existing licenses and pay taxes anytime, from anywhere. We eliminate the hassle for business owners having to come into the office and wait in line. In addition, because the solution is online and does not require manual data entry, your staff save valuable time when processing licenses. Increase Efficiency with Multi-Dept Approval Routing Not every business is the same and not every license should be treated the same. GovOS' dynamic workflows allow each individual license to be routed to the necessary departments for approval. Department staff receive license applications and can easily view and access all data needed to approve. Automated Business Communications Take the work out of reminding businesses to renew licenses or chasing down businesses with unpaid taxes. Schedule and automate messaging based on your customized workflows. Automatically send emails if a Business has an upcoming renewal or send reminders if a Business has due or overdue taxes. Track and Report on Business Tax Revenue The solutions include a robust reporting module focused on business data and revenue reports. Among many other functional reports, the reports allow the user to view collections for the current and previous periods, display year over year comparisons, and top business collections. The dynamic reports include business filters, date selections for accrual and cash reporting, and are all exportable to excel. Peace of Mind through Unlimited Support GovOS' goal is to provide governments with sophisticated technology AND the most reliable client support services in the industry. Our support team provides responsive and thorough training and resolution on all support inquiries from city staff and users. 4 GovOS Business Licensing & Tax Filing Wheat Ridge, CO Business Licensing & Tax Filing Implementation Deliverables • Our team customizes your site and includes your branding (e.g., name.govos.com). • We work closely with your team to import all business records and transaction data. • We collaborate with your staff to build and design a registration workflow and tax form that meet the exact needs of your jurisdiction, including auto-calculations of tax, penalty and interest. • You will be assigned a Conversion Specialist to guide you through your implementation and provide web-based training for Jurisdiction staff. • Unlimited, ongoing phone and web support are provided to all administration staff as part of monthly hosting and support. • Unlimited email and phone support for all businesses. Continued Hosting & Support • Ongoing maintenance and support from our account management team. • Licensing Module includes automated annual renewal noticing. • Unlimited user logins for both business and jurisdiction users. • Unlimited phone and email support to business and administrative users. • Software hosting and license fees. • Server and IT Infrastructure, including 24/7/365 maintenance and support. • Daily data backup, managed by our expert IT team. • Enhancements released to all equivalent GovOS versions. Phase I: Required Data and Materials • Jurisdiction staff to provide business records and transaction data for import to system in Excel/CSV format. • Jurisdiction staff to provide tax form and license applications. • Jurisdiction staff to provide Payment Gateway API. Phase II: Programming & Customization • Create customized URL (for example “city.munirevs.com”) and branding. • Import business records and transaction data for historical reporting and business owner reference. GovOS balances all data to jurisdiction reports. • Customize tax and license forms per jurisdiction requirements. • Integrate with Payment Gateway and test payments. • Complete User Acceptance Testing. Phase III: Go Live • GovOS to conduct remote training with jurisdiction staff. • Assist jurisdiction in preparing registration letters to businesses with GovOS Activation Codes and registration instructions. • Jurisdiction stops entering activity into former system. GovOS loads in interim business data, transaction data and open liabilities for businesses into GovOS. • Business users register in the system on the go live date and begin remitting taxes and completing their license application(s). 5 GovOS Business Licensing & Tax Filing Wheat Ridge, CO Implementation Overview Every implementation is different, and each workflow has specific needs. GovOS will begin the implementation by defining goals and understanding what success will look like for your team. Our team will review what configuration options are available and tailor your forms and workflows accordingly. Here is an example of the general implementation effort for a complete BLT solution. Your specific solution will be adapted to the products and features purchased. (12 Weeks) One of the benefits of working with GovOS is that we make every effort to take the heavy lifting away from your staff and onto the GovOS implementation team. The GovOS Services Team will be with you every step of the way to iterate on your processes, train your team, and launch the BLT Solution. GovOS’sexperience implementing our system will help ensure a smooth setup and launch. 6 GovOS Business Licensing & Tax Filing Wheat Ridge, CO Comprehensive Support for All Users Everyone who interacts with the GovOS Business License and Tax Solution has access to our best-in-class support services should they encounter an issue or need further instruction on how to use the system. Support for You & Your Agency As part of your subscription, you will have access to application support resources within GovOS. Resources include: • A designated Customer Success Manager to help you achieve your objectives and an Account Manager to support your overall goals and ongoing investment in GovOS. • Access to Client Technical Support Representative team | Available by email and phone 6am - 6pm (MT) Monday - Friday • Personalized FAQ section in the License/Tax Portal developed for your constituents What’s Included Support is defined as any questions surrounding how to use a feature within the platform, as well as troubleshooting any issues or bugs. Details about training, troubleshooting, solution creation for achieving end-to-end goals, modifying the overall workflow of your solution, and high-level accomplishment needs are addressed in the Maintenance, Updates, and Training Features section on the following page. Business User Support Businesses that access the STR Solution for registration, tax filing, or other end-user functions are referred to as “Business Users.” These users are typically either the property owner or the property management company. Business Users are supported by a dedicated U.S.-based team whose goal is to assist Business Users in utilizing the STR platform. Our team will help guide Business Users through the process of registration, paying taxes, and assist them if they encounter any issues along the way. Continued Hosting & Support • Ongoing maintenance and support from our account management team. • Licensing Module includes automated annual renewal noticing. • Unlimited user logins for both business and jurisdiction users. Does not include third party users hired by the jurisdiction. • Unlimited phone and email support to business and administrative users. • Software hosting and license fees. • Server and IT Infrastructure, including 24/7/365 maintenance and support. • Daily data backup, managed by our expert IT team. • Enhancements released to all equivalent GovOS versions. 7 GovOS Business Licensing & Tax Filing Wheat Ridge, CO Please note that we will handle all support types to the extent possible, but it is your agency’s responsibility to explain and enforce ordinance requirements to your Business Users and community. 8 GovOS Business Licensing & Tax Filing Wheat Ridge, CO Maintenance, Modifications, and Training Features As part of your agreement with GovOS, you have access to the GovOS Professional Services Team to perform Maintenance, Modifications, and Training. Maintenance & Modifications include, but are not limited to: • Modifying Business Center Messages, Frequently Asked Questions and Notification Templates. • Adding or removing admin users from platform. • Feature enhancements released to all clients. Training includes, but is not limited to: • Onsite or virtual training sessions to get your staff fully comfortable with administering the Application (Travel Expenses to be billed as incurred). • Solutioning Sessions to help with System Technical Questions. This will help you to overcome questions such as "how do I handle this scenario?”. Modifications may come out of these meetings. • Assistance with Procedural Questions. • Creation of training material and collateral to give your team takeaway guides. 9 GovOS Business Licensing & Tax Filing Wheat Ridge, CO Project Pricing The solution is a package of the below service applications. Wheat Ridge, CO - Business License & Tax Quote Products QTY Price Discount Additional License Workflow Ongoing support & maintenance of the additional business license workflow 2 $4,800 -$2,244 Additional Tax Form Ongoing support & maintenance of the additional tax form 5 $25,000 -$11,688 BL&T Base System 1 $96,010 -$44,885 Business Licensing 1 $10,560 -$4,937 Business Tax 1 $43,210 -$20,200 Total Discount: $83,954 Annual Total: $95,626.00 Year 1 Pricing Year 2 Pricing Year 3 Pricing $95,626.00 $95,626.00 $95,626.00 10 GovOS Business Licensing & Tax Filing Wheat Ridge, CO Customer Acceptance Contact Information Organization Name Street Address City, State, Zip Primary Contact Name Primary Contact Email Billing Details Billing Contact Name Billing Contact Email Billing Contact Phone Invoice Delivery Method Email/Electronic (default) Mail Preferred Payment Method Check Credit Card ACH • Without a signed Agreement, pricing is good until 3/31/24. • Subscription Start Date will be the date you sign this Agreement. The term of this Agreement is four (4) years. • Subscription fees are pre-paid annually. Subscription fees are as stated above for the first three (3) years of the term, and subscription fees for the 4th year of the term shall be $100,407.30. • Invoice Date is the Subscription Start or Renewal Date (as applicable). All invoices are due Net thirty (30) days of the Invoice Date. • Following the initial four (4) year term, this Agreement will automatically renew for additional one-year terms (each a “Renewal Term”) unless either you or we notify the other of an intent not to renew at least thirty (30) days prior to the expiration of the then current term. • Pricing for Renewal Terms will include a ten percent (10%) increase from the prior term. • Piggyback. Pursuant to Section 29 (Utilization of Award by Other Agencies) of that that certain City of Longmont, Colorado Services Contract (PR-20078) (the “Contract”) by and between the City of Longmont, Colorado, a municipal corporation, and MUNIRevs, Inc. (the predecessor-in-interest to GovOS), other state and local governmental agencies, political subdivisions, and/or school districts may use the Contract under all terms and conditions specified and upon agreement by all parties. Therefore, the Contract is hereby incorporated into this Agreement with Wheatridge, Colorado, being the “City” referenced therein, and its relevant terms shall govern 11 GovOS Business Licensing & Tax Filing Wheat Ridge, CO use of the subscriptions provided pursuant to this Agreement. In the event there is a conflict between the terms of this Agreement and those contained in the Contract, this Agreement shall control. 12 GovOS Business Licensing & Tax Filing Wheat Ridge, CO Customer Acceptance Customer Signature Signature of Authorized Representative Title Date GovOS Signature Signature of Authorized GovOS Representative Title Date 13 ITEM NO: 1c DATE: March 25, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 13-2024 – A RESOLUTION AMENDING THE FISCAL YEAR 2024 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $233,025 FOR THE PURPOSES OF ACCEPTING AN URBAN FORESTRY GRANT AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE URBAN SUSTAINABILITY DIRECTORS NETWORK IN THE AMOUNT OF $669,073 FOR EXPANDING THE URBAN TREE CANOPY IN WHEAT RIDGE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ ________________________ Director of Parks & Recreation City Manager ISSUE: The City of Wheat Ridge was awarded $669,073 in funding from the USDA Urban and Community Forestry grant program to plant approximately 1,180 trees in Wheat Ridge parks, open spaces, and rights of way and as part of several capital improvement projects across the City. To receive and appropriate the funding, the City must accept the grant award by directing the Mayor to sign the attached Grant Agreement and approve a supplemental budget appropriation. PRIOR ACTION: Councilmember Ohm, the Wheat Ridge Parks and Recreation Commission, and the Wheat Ridge Cultural Commission submitted letters of support for this project. Council Action Form – USDN Grant Agreement March 25, 2024 Page 2 FINANCIAL IMPACT: The funding initially goes to a pass-through partner, the Urban Sustainability Directors Network (USDN), who manages the grant agreement, deliverables, and reporting on the project. There are no required matching funds for this funding. Per Table 1 in the Grant Agreement, the USDN will pay the City: • $233,025 in 2024 following the execution of this Grant Agreement and receipt of an invoice • $233,024 in 2025 following receipt of deliverables 1-4 and invoice • $233,024 in 2026 following receipt of deliverables 5-6 and invoice The projected expenses related to this project per year are: 2024: $128,292.75 2025: $216,042.75 2026: $226,868.75 2027: $97,868.75 BACKGROUND: In 2023, the Parks and Recreation Department applied for $669,073 in funding from the USDA Urban and Community Forestry grant program. Originally, the notice of funding opportunity called for 5-year projects with 1:1 matching funds. The City’s proposal planned to provide matching funds from forestry staffing costs, existing planting and tree supply budgets, and capital projects that include tree plantings. Following the grant award announcements, the USDA/US Forestry Service updated the funding terms to disallow any matching funds (instead of requiring 1:1 matching funds) and requested a 3 to 3.5 year project timeline instead of 5 years. The Department updated the project budget and deliverable timeline to meet these updated terms. The updated, final budget for the grant funds includes planting approximately 500 trees in Wheat Ridge parks, open spaces, and right of way areas, approximately 608 trees within capital project sites such as Wadsworth Boulevard and the Green at 38th, and 72 trees planted at project partner sites (Foothills Regional Housing locations in Wheat Ridge and Crown Hill Park). There are also project expenses for tree planting and tree care supplies, signage about the investment, 10 weeks of Mile High Youth Corps work to help plant the trees, and subscriptions to the TreeKeeper software program and analysis tools to help select planting locations and specific species and track the urban tree canopy long term. Council Action Form – USDN Grant Agreement March 25, 2024 Page 3 RECOMMENDATIONS: Parks and Recreation Department staff recommend passing this resolution to direct the Mayor to sign the grant agreement to accept the funding award to invest those funds in Wheat Ridge’s tree canopy. RECOMMENDED MOTION: “I move to approve Resolution No. 13-2024 – a resolution amending the Fiscal Year 2024 Budget to reflect the approval of a supplemental budget appropriation in the amount of $233,025 for the purposes of accepting an Urban Forestry Grant and authorizing the Mayor to execute an agreement with the Urban Sustainability Directors Network in the amount of $669,073 for Expanding the Urban Tree Canopy in Wheat Ridge.” Or, “I move to postpone indefinitely Resolution No. 13-2024, a resolution amending the Fiscal Year 2024 Budget to reflect the approval of a supplemental budget appropriation in the amount of $233,025 for the purposes of accepting an Urban Forestry Grant and authorizing the Mayor to execute an agreement with the Urban Sustainability Directors Network in the amount of $669,073 for Expanding the Urban Tree Canopy in Wheat Ridge for the following reason(s) ________________________________________________________________.” REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 13-2024 2. USDN Forestry Grant Agreement ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 13 Series of 2024 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2024 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $233,025 FOR THE PURPOSES OF ACCEPTING AN URBAN FORESTRY GRANT AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE URBAN SUSTAINABILITY DIRECTORS NETWORK IN THE AMOUNT OF $669,073 FOR EXPANDING THE URBAN TREE CANOPY IN WHEAT RIDGE WHEREAS, the City of Wheat Ridge was awarded a grant from the United States Department of Agriculture’s Urban and Community Forestry program in the amount of $669,073 for tree planting, tree care supplies, and tree monitoring software; and WHEREAS, the Urban Sustainability Directors Network will serve as a pass-through funding organization for the City of Wheat Ridge; and WHEREAS, the year-one grant revenue will be deposited into the Open Space (Fund 32) budget, and a budget supplemental is needed to make the funds available for related expenses in 2024; and WHEREAS, the acceptance of the grant is subject to the condition of execution of the attached agreement. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The City Council hereby authorizes the Mayor to sign the grant agreement with Urban Sustainability Directors Network. Section 2. A supplemental budget appropriation is hereby approved to transfer $233,025 from Open Space Fund reserves to account No. 32-601- 800-867 for the purposes of budgeting for the work associated with the urban forestry grant. Section 3. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 25th day of March 2024. Bud Starker, Mayor ATTACHMENT 1 ATTEST: Steve Kirkpatrick, City Clerk CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 1 GRANT AGREEMENT BETWEEN THE URBAN SUSTAINABILITY DIRECTORS NETWORK AND THE CITY OF WHEAT RIDGE This Grant Agreement (“Agreement”), dated March 5, 2024 (“Effective Date”), is between the Urban Sustainability Directors Network, an Illinois nonprofit with offices at 208 SO Lasalle St, Suite 814, Chicago, IL 60604-1101 (“USDN” or “Grantor”), and the City of Wheat Ridge, an incorporated under the laws of the State of Colorado and located at 7500 W. 29th Ave Wheat Ridge, CO 80033 (“Grantee”) (collectively, the “Parties”). WHEREAS, the City of Wheat Ridge is charged with the implementation of Expanding the Urban Tree Canopy in Wheat Ridge; and WHEREAS, USDN is a nonprofit organization that brings local government sustainability practitioners together to learn, collaborate, and accelerate the work of local sustainability; and WHEREAS, USDN’s project The Center for Regenerative Solutions (“CRS”) is charged with administering the U.S. Forest Service (“USFS”) Investment Recovery Act (“IRA”) Federal Award Identification Number (FAIN) 24-CA-11132544-016 award to USDN; and WHEREAS, the City of Wheat Ridge works to improve tree canopy equity by planting 1,000+ trees in Wheat Ridge, CO with 75%+ being in disadvantaged areas; and WHEREAS, CRS desires to make a grant of $699,073.00 (the “Grant”) to the City of Wheat Ridge to support Expanding the Urban Tree Canopy in Wheat Ridge (“Project”), which seeks to increase the urban tree canopy in public spaces by over 12.5% and help improve the “severe” EPA-rated air quality in the region, among numerous other benefits; and NOW, THEREFORE, the Parties seek to enter into this Agreement, subject to the following terms and conditions: 1. Term. The Term of this Agreement shall commence on March 5, 2024 and shall continue through December 1, 2027 (the “Term”). The Term may be extended upon mutual written agreement of the Parties, subject to the terms set forth in the USDN Award Guidelines and Policies. 2. Scope of Work. CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 2 The Parties shall perform the work described in Scope of Work contained in Appendix 1 and 2, attached hereto and made a part hereof. 3. Payment. USDN shall provide funding to Grantee in an amount not to exceed $699,073.00, in increments made according to the Payment Schedule set forth in Appendix A and with sufficient evidence of scheduled progress in Grantee progress reports. 4. Invoices. Grantee shall submit to USDN a completed ACH Authorization Form, W-9 Form and Form AD- 1048. USDN processes approved invoices within 30 days of receipt. Grantee shall address invoices to: Urban Sustainability Directors Network (USDN) Reference: CRS13 – Wheat Ridge, CO Attn: Jamal Brown, USDN Director of Finance, People, and Culture jamalbrown@usdn.org 5. Prohibited Uses. Grant funds shall not be used for lobbying or equipment purchases. 6. Procurement. All non-Federal entities must follow the procurement standards in §§ 200.318 through 200.327. 7. Primary Contacts. a. USDN: Jamal Brown, USDN Director of Finance, People, and Culture, jamalbrown@usdn.org b. Grantee: City of Wheat Ridge c. Project Manager: Brandon Altenburg, Grant and Special Project Administrator, 4005 Kipling St, Wheat Ridge, CO 80033, (303) 231-1307, baltenburg@ci.wheatridge.co.us Secondary Contract: James Roemmelt, Forestry and Open Space Supervisor, jroemmelt@ci.wheatridge.co.us CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 3 8. Entire Agreement. This Agreement and the Appendices herein constitutes the final and entire agreement between USDN and Grantee. The terms of this Agreement may be modified only by a written amendment signed by both Parties. If the Grantee proves unable to meet the commitments contained within this document, USDN will consult with the Grantee and USFS to seek an appropriate solution. If the default cannot be remedied, USDN retains the right to require a refund of any unobligated and/or unspent funds within 30 days of prior written notice to the Grantee. IN WITNESS WHEREOF, the Parties hereby accept and agree to the foregoing terms and conditions of this Agreement and have executed this Agreement as of the date written below. City of Wheat Ridge By: ___________________________________ Bud Starker Title: Mayor Date: ___________________________________ URBAN SUSTAINABILITY DIRECTORS NETWORK By: ____________________________________ Jamal Brown Title: USDN Director of Finance, People, and Culture Date: ___________________________________ CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 4 Appendix 1. Roles and Responsibilities This appendix describes partnership roles, deliverables, due dates, and invoicing schedule. 1. Purpose and Scope. The work is described in greater detail in the Final Project Proposal, Appendix 2. 2. Project Term. If more time is required then what is specified in the signed grant agreement, the Lead Community indicates this to their assigned CRS team member as soon as that is known, so an extension can be discussed and documented. Please reference the USDN Award Guidelines and Policies for more information about this process. 3. Responsibilities a. USDN. CRS/USDN, as Grantor, is responsible for: i. Funding. USDN provides funding for the project in an amount not to exceed $699,073.00 USD. Payment(s) are made according to the schedule shown in Table 1. ii. Technical Assistance. USDN contracts directly with Sutherland & Associates (S&A) to facilitate execution of these award agreements. S&A assists the CRS team with any decision-making that impacts this MOU or any associated agreements / payments. The CRS team receives, confirms, and processes all deliverables, quarterly reports, and invoices throughout the life of the project. They monitor progress and capture the impacts of the investment. iii. Payment Processing. USDN processes Grantee invoices upon receipt via the Lead Community, within 30 days. • Invoices are submitted to the CRS team.1 Once they approve, invoices are forwarded to and paid by USDN. • Project funds are expended per the proposed budget to fulfill the scope of the final and awarded proposal. b. City of Wheat Ridge. The Grantee is responsible for: i. Budget and disadvantaged community confirmations. Confirming that (1) the budget does not exceed the awarded amount and meets the requirements per the USFS Award Administration Guide; and (2) the communities being served are represented in the U.S. Environmental Protection Agency’s (EPA) IRA Disadvantaged Communities Map or a similar tool. • If using any other tool, like the EPA Environmental Justice and Screening Mapping Tool or other agency or state tools, provide proof of disadvantaged status from those tools. • Contact the CRS team to discuss use of other tools. ii. Project Management and Coordination. Providing the project management and 1 To prevent any payment delays, the Grantee lets CRS staff know of any schedule or staffing changes with as much advance notice as possible so that schedules can be adjusted. CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 5 coordination necessary to complete the project. iii. Regular Updates. Submitting reports twice a year, following the reporting form(s) received from the CRS team and in accordance with the schedule in Table 1. • Federal Impact Reporting Platform. To support consistent and transparent public access to project outcomes funded through the Inflation Reduction Act, grantees are required to report quantitative and qualitative project accomplishments for reporting periods ending June 30 and December 31 to a public-facing Impact Reporting Platform. Grantees will be provided instructions for project impact reporting. iv. Final Products and Reporting. By May 28th,, 2027, submitting: • Project Products / Outputs. All substantial products and outputs produced as high-quality deliverables, for posting to the USDN website. • Final Project Report. The final reporting form will be sent via email by the CRS team with reporting date reminders. • High Resolution Photos. High resolution .jpg photographs of project work, to potentially be used in USDN communications. • Project Budget and Expenditures. A detailed record of project expenditures, including a comparison of original budget to award expenditures. Please simply modify and return your proposal budget to show proposed and actual expenditures. v. USDN Communications. Grantees may be asked to present project outcomes during a CRS/USDN virtual or in person meeting, if requested.2 4. Project Participants and Primary Contacts. In addition to the Grantee and Primary Contact specified in this agreement’s item 6, the project team includes these participants: a. Project Participant. i. Mile High Youth Corps, Antonio Barreiro, Chief Operating Officer, 1801 Federal Blvd, Denver, CO 80204, (303) 433-1206 x4223, kiaa@mhyc.net Role: Mile High Youth Corps (MHYC) engages young adults, ages 17-24, in crew-based stewardship projects that benefit the environment, the community, and the youth themselves. MHYC members earn a bi-weekly stipend and an AmeriCorps education award, in addition to industry-relevant trainings and networking. Since 2008, MHYC and Wheat Ridge have partnered on tree plantings, fuel reduction, invasive tree removal and other habitat restoration projects that have provided our youth with technical skill building and career development opportunities. MHYC would appreciate the opportunity to partner with Wheat Ridge by providing two weeks of conservation crew time per year over five years. 2 This request is subject to USDN’s communications schedule and is not guaranteed to be made. CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 6 ii. Sustainable Wheat Ridge, Amy DePierre, Co-Chair, 7500 W 29th Ave, Wheat Ridge, CO 80033, (303) 235-2819, amy.depierre@gmail.com Role: Sustainable Wheat Ridge (SWR) is a volunteer, resident-led committee focused on advancing sustainability. SWR is excited by the possibility of this partnership and is committed to volunteering and volunteer recruitment efforts for tree planting and tree care. SWR is committed to engaging with community groups to educate them about urban forestry and support their active participation. SWR believes there is an opportunity to engage with senior citizens to educate them on available opportunities as well as the need to mitigate climate change. SWR will assist with the identification areas needing additional tree canopy along bicycle routes and at public transportation stops. iii. City of Wheat Ridge Public Works Department, Maria D’Andrea, Director of Public Works, 7500 W 29th Ave, Wheat Ridge, CO 80033, (303) 205-7601, mdandrea@ci.wheatridge.co.us Role: The Wheat Ridge Public Works Department maintains the city's infrastructure including 133 miles of streets and more than 40 miles of storm sewers throughout the city. Most right-of-way areas in Wheat Ridge include trees and this project proposal would result in major improvements with filling in areas without trees, replacing lost trees on public property, and replacing damaged/sick trees throughout Wheat Ridge. Unfortunately, some improvement projects can result in trees being removed during construction. However, all capital projects attempt to replace any removed trees. This funding would help the City more quickly and effectively replace those trees. iv. Volunteer with the Wheat Ridge Tree Stewards, Thomas Fitzgerald, Volunteer, 7465 West 48th Circle, Wheat Ridge, CO 80033, (303) 424-1082, casafitz@aol.com Role: The Wheat Ridge Tree Stewards are a volunteer group that work seasonally from May-September to assist with watering, maintaining, and inspecting trees throughout the Wheat Ridge Greenbelt (open space). With the increased tree plantings through this proposal, the quantity of trees that the Tree Stewards will increase and we will need increased volunteer hours to adequately care for the trees. This group goes through annual training, is equipped with tools from the City, and is an essential resource for the urban tree canopy in Wheat Ridge. v. Jefferson County Open Space, Tom Hoby, Director, 700 Jefferson Parkway, Golden, CO 80401, (303) 271-5930, thoby@jeffco.us Role: Jefferson County Open Space (JCOS) is committed to purchasing approximately 40 native trees at an estimated cost of $400/tree, a total project commitment of $16,000, for Crown Hill Park as part of this project if funding is awarded. JCOS is submitting a separate grant request for removing ash trees in one of its three urban parks and planting native trees in shrubs in all three of those parks. JCOS manages CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 7 56,000 acres over 27 open space parks and will work closely with Wheat Ridge staff to develop a planting plan for Crown Hill Park. vi. City of Wheat Ridge Community Development Department, Lauren Mikulak, Director, (303) 235-2845, lmikulak@ci.wheatridge.co.us Role: The Wheat Ridge Community Development Department includes both the Planning and Engineering Divisions and is committed to its role in implementing the City’s Streetscape Design Manual. The majority of the areas included in the above projects are heavily urbanized or commercial areas with minimal landscaping and almost no tree canopy. The Wheat Ridge Community Development Department currently has several projects within concept, planning, design, and construction phases that will be under construction during the 2024-2028 timeline. vii. Jefferson County Food Policy Council, Hallie Nelson, Director, (205) 434-7241, hallie@jeffcofpc.org Role: The Jefferson County Food Policy Council is a community-led organization that aims to build a food secure community. Our vision includes healthy food access for all residents, a vibrant and equitable farming infrastructure, a healthy ecosystem, and a thriving local food economy. The City of Wheat Ridge’s application advances our community towards a healthier ecosystem through local climate solutions to support the long-term health of our community. viii. City of Wheat Ridge Parks and Recreation, Karen O’Donnell, Director, (303) 231-1308, kodonnell@ci.wheatridge.co.us Role: The Wheat Ridge Parks and Recreation Department is committed to leading this project. The Forestry team will direct the planting of ~1,000 additional trees in Wheat Ridge parks, open spaces, right of way areas, and development projects.. Tis project is also an opportunity to promote the benefits of trees to the community. We already do this through annual Arbor Day events, a community tree sale, and a grant program to residents for tree health and maintenance, but could increase community engagement and education efforts even more through this project. ix. Jefferson County Public Health; Environmental Health Services, James Rada, Director, 645 Parfet Street, Lakewood, CO 80215, (303) 271-5718, jrada@co.jefferson.co.us Role: A JCPH priority is to minimize the heat, flooding, pollution, and biodiversity impacts of development in urban settings by improving natural processes, such as stormwater treatment and tree canopy coverage. This project will support the county’s climate action plan, working to mitigate greenhouse gas emissions by removing carbon dioxide from the atmosphere. It will improve air quality, serve as a buffer to nuisance noise and through water absorption, and help recharge the ground water supply. With this project, Wheat Ridge can improve its heat islands and improve Jefferson County’s understanding of tree canopy impacts on land use and development planning. CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 8 x. Wheat Ridge Parks and Recreation Commission, Cambria Rollo, Commission Chair, (303) 231-1308, cambria.rollo@gmail.com Role: The Wheat Ridge Parks and Recreation Commission is a City Council-confirmed, volunteer, resident committee which serves as a liaison between the department and the community. The Commission is also tasked with encouraging greater community understanding of the value of Parks and Recreation activities and the impact on quality of life for those who work, play and live in Wheat Ridge. This project proposal would fund a significant increase in the tree canopy in Wheat Ridge, increase public awareness of the importance and benefits of trees, and promote urban forestry careers and local youth corps work. xi. Foothills Regional Housing, Howard Wright, Construction Manager, 11941 West I-70 Frontage Road North, Wheat Ridge, CO 80033, (720) 682-0705, hwright@foothillsrh.org Role: Foothills Regional Housing is committed to the planting of 4 trees at each of the organization's affordable housing complexes in Wheat Ridge, CO as well as the replacement of dead trees at its main office as part of this project if funding is awarded. This project will provide hundreds of low-income and disabled households with an improved quality of life and more equitable access to green space through investment in the quality of their outdoor spaces. In total, FRH is requesting 32 trees across 8 properties, including the main office. Project Participant Check List: • Add as needed. Name any CBO partners and state what kind of relationship they have with the community they are serving. • Provide CRS staff with any supporting documentation, like a support letter, a task plan for the CBO, etc. as proof of this. • Ensure that any contractors noted in the narrative are secured in accordance with federal procurement guidelines. (All non-Federal entities must follow the procurement standards in §§ 200.318 through 200.327) 5. Project Scope: Deliverables, Timeline, Reporting and Payment Schedule. Project activities, deliverables, and due dates are scheduled below in Table 1.3 Table 1. Schedule of Project Deliverables and Payments # Activity Deliverables Due Date Payment / Recipient Agreements: Signed MOU and other project agreements Not later than 30 days after MOU is delivered Payment 1 upon fully executed MOU and associated invoice: 3 Please add these dates to calendars(s) and proactively notify CRS staff if it is anticipated that any deliverable due dates will shift after this award agreement is executed. Schedules will be adjusted accordingly. Table 1 becomes the project’s Deliverables Report. Each time a deliverable is received, it is returned to the Lead Community from CRS with notes/links as a receipt. This method keeps each party clear and aligned on the status of the work. CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 9 $233,025.00 to City of Wheat Ridge Year 1 - 2024 1 Activity 1. Deliverable 1: Deployed DRG assessment tools to direct tree plantings throughout and beyond the proposal timeframe. Date: May 17, 2024 Progress Update 1 250-word update PR1: June 1, 2024 2 Activity 2. Deliverable 2: Planted ~125 trees in parks/open space/ROW areas and 32 trees at Foothills Regional Housing locations. Date: October 31, 2024 3 Activity 3. Deliverable 3: Urban tree canopy equity assessments and improvements are included in the draft 2024 City Comprehensive Plan. Date: October 31 2024 Progress Update 2 250-word update PR2: December 1, 2024 Year 2 - 2025 Progress Update 3 250-word update PR3: June 1, 2025 4 Activity 4. Deliverable 4: Completed 65 plantings at the Green at 38th project, 95 trees within the Youngfield Beautification project, 39 trees within the Ward Transit-Oriented Development project, 40 trees at Crown Hill Park, and planted ~125 trees in parks/open space/ROW areas. Date: October 31, 2025 Payment 2 receipt of deliverable and associated invoice: $233,024.00 to City of Wheat Ridge 5 Activity 5. Deliverable 5: Urban tree canopy equity assessments and improvements are included in the 2025 Parks and Recreation Department Master Plan. Date: October 31, 2025 Progress Update 4 250-word update PR4: December 1, 2025 Year 3 - 2026 6 Activity 6. Deliverable 6: Completed 275 tree plantings within the “Improve Wadsworth” street and trail project, 30 tree plantings within the Wadsworth Trail extension project, and planted ~125 trees in parks/open space/ROW areas. Date: October 31, 2026 Payment 3 upon receipt of deliverable and associated invoice: $233,024.00 to City of Wheat Ridge Progress Update 5 250-word update PR5: June 1, 2026 Progress Update 6 250-word update PR6: November 1, 2026 Commented [BA1]: This would give us a bit more time to get ramped up, get the subscriptions set up from DRG, get staff trained on them, and actually deploy those tools Commented [BA2]: Annual tree plantings will likely have most of the trees be planted in the spring and a notable minority percentage planted in Sept/Oct each fall. This timeline gives us a bit more flexibility with planting at the best times each year and has been duplicated for the other project years. Commented [BA3]: Plan likely won't be adopted until 2025 Commented [BA4]: Seemed cleaner to match these 2 activity dates Commented [BA5]: Seemed cleaner to match these 2 activity dates Commented [BA6]: With the extended schedule, could add progress updates in June and November 2027, if you want Commented [MG7R6]: Since this is a 3 year grant, we need to close by March 2027. CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 10 7 Activity 7. Deliverable 8: Planted ~125 trees in parks/open space/ROW areas. Date: December 1 , 2027 Final Project Report, Photos, and Budget Reconciliation Final project report describing lessons / impacts, high resolution photos (.jpg format) and the final reconciled budget Date: May 28 , 2027 USDN Presentation Possible scheduling of a presentation to the network: dependent on the outcomes, audience, and USDN network communications schedule Budget Check List. Grantee confirms that: • The yearly budget breakdown coincides with the project term (e.g.: 3 years max) • The preferred cadence for fund disbursement works for you (e.g., the total amount of the award split over 3 years)? • The budget categories (e.g., personnel, fringe, travel, equipment, supplies, contractual, etc.) does not include lobbying or equipment purchase. • They used the 10% de minimis rate or an approved negotiated indirect cost rate agreement (NICRA) Rate. Indirect costs are not required. CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 11 Appendix 2. Full Project Proposal 1. Project Scope Alignment: This project seeks to address the issues posed by climate change, the “severe” EPA-rated air quality in the northern Colorado Front Range, threats to water quality, declining urban tree canopies, declining tree diversity, declining tree health, hazardous trees, stormwater runoff, a lack of opportunities for paid training and entry level urban forestry jobs, and by the current state of inequitable environmental justice and urban tree canopies in Wheat Ridge, Colorado. Wheat Ridge is a proud “Tree City USA” dating back to 1979 and currently manages over 8,000 trees in public spaces. This project will contribute to the funding opportunity goals by increasing the urban tree canopy in public spaces by over 12.5%, directing significantly higher forestry investment towards the disadvantaged areas detailed in #5, providing paid training opportunities for youth, and funding an additional full-time urban forestry position. The increased urban tree canopy will benefit air quality, water quality, people’s mental and physical health, the workforce and economy, wildlife and plant habitats, resilience to climate change, tree diversity, and help mitigate urban temperature increases. Wheat Ridge has disadvantaged areas detailed in #5 where most of this investment will be directed. 19.8% of the city’s population is over 65 (higher than the state rate of 15.1% and the Jefferson County rate of 17.4%), median household income is $73,231 (vs.$80,184 and $93,933 respectively), and persons in poverty percentage is 12.1% (vs. 9.7% and7.3%). (Census Quickfacts) It aligns with 6 of the 7 goals listed within the MOU on Promoting Equitable Access to Nature in Nature- Deprived Communities. The proposal identifies nature-deprived communities through the CEJST, EJScreen, EPA EnviroAtlas Interactive Map, and Opportunity Zones (see #5). It increases access to nature and its benefits through this federal funding program and increasing the urban tree canopy. It enhances collaboration through partnerships with Jefferson County Public Health, Jefferson County Open Space, Mile High Youth Corps, Sustainable Wheat Ridge, the Jeffco Food Policy Council, the volunteer Tree Stewards program, Foothills Regional Housing, and other city departments. It improves public health and safety through the numerous health benefits from a larger urban tree canopy. It develops community leaders and capacity through the volunteer Tree Stewards program, the Mile High Youth Corps (MHYC) partnership, and involvement from the resident Parks and Recreation Commission and Cultural Commission. Finally, it builds trust through the detailed partnerships and engagement-efforts. This project aligns with the “Conserving and Restoring America the Beautiful” report. It improves upon the 3 problems listed by increasing the urban tree canopy with larger increases in disadvantages areas. It’s in-step with 6/8 Principles listed (excepting #s 4 & 6). Finally, it implements 4/6 of the “Recommendations for Early Focus and Progress…” (excepting #s 2 & 5). This project will contribute to congressional goals as indicated by the 2023 congressionally directed spending decisions. This project is similar to funded forestry, streetscape, and air and water quality projects funded through the Departments of Agriculture, Energy, the Interior, the Bureau of Reclamation, the Army Corps of Engineers, the Environmental Protection Agency, the Forest Service, and the Fish and Wildlife Service. (2023 Congressionally Directed Spending) This project will contribute to Justice 40 goals primarily because Census Tract 104.06 is a disadvantaged CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 12 area and includes part of the Wheat Ridge Greenbelt (open space with Clear Creek and the Peaks to Plains Trail running through it), Creekside Park, Harlan St., and Marshall St. Those areas would receive significant additional tree planting (at least 100 new trees) and an increased urban tree canopy through this project. This Census Tract is identified as disadvantaged through the CEJST. It meets the associated socioeconomic threshold and the following burden thresholds: Climate Change (expected building loss rate and expected population loss rate), Health (asthma), Transportation (traffic proximity and volume), and Water and wastewater (wastewater discharge). This project will contribute to 5 of the 6 Colorado State Forest Action Plan themes (goals) that all fall within the 3 National Action Plan Priorities. It will improve “Forest Conditions” (#1) by increasing positive net growth of diverse trees in forests, slowing the increase of temperatures by increasing the urban tree canopy, address afforestation and reforestation by planting ~1,000 native species trees, expanding the Tree Stewards program which cares for public trees, and will reduce impacts of biological stressors by mitigating invasive species and reforesting with a more diverse array of tree species better suited to expected future climate conditions. (Colorado Forest Action Plan pgs. 30-35) This project will contribute to the “Living with Wildfire” (#2) by supporting the ongoing fire fuel mitigation efforts in the wildland-urban interface in the Wheat Ridge Greenbelt. It will alter forest structure by enhancing species and structural diversity and increasing the planting of native tree species to reduce the risk and severity of wildfire. (CO Action Plan pgs. 36-41) For “Watershed Protection” (#3), 360 acres of open space, 4 parks, and significant right-of-way areas are along Clear Creek, Lena Gulch, and 4 small lakes in Wheat Ridge. This watershed eventually connects to the South Platte River. This project would maintain and enhance water quality by increasing the tree canopy throughout these areas, which would moderate surface water temperature increases, reduce the risk of erosion, maintain mature riparian forests, reduce the offloading of nutrients and other pollutants, enhance the ability to retain water as snowpack, prepare for heavy precipitation events/flooding, improve stormwater runoff filtering, and restore forest cover in these riparian areas. Improving the health of these areas through additional tree planting supports ecological functions that forests provide, including air and water purification, habitat, carbon sequestration and nutrient cycling. (pgs. 42-47) For “Forest Wildlife” (#4), increasing the tree canopy in Wheat Ridge open spaces through this project will enhance the limited wildlife habitats in the urban environment, increase native biodiversity, detect, and mitigate invasive forest species, protect and restore sources of food/water/cover for wildlife, and improve public engagement around the efforts and importance of wildlife conservation. (pgs. 48-53) This funding program and the City of Wheat Ridge being in the Denver metro directly align with the “Urban and Community Forestry” (#5) theme/goal. Details are shown throughout this proposal. (pgs. 54-59) This project proposal does not address goal #6: “Forest Products.” This project will contribute to all 7 goals of the Ten-Year Urban and Community Forestry Action Plan. With Goal #1, “Integrate Urban and Community Forestry Into all Scales of Planning”, this project includes the Wheat Ridge Community Development Department (which includes the Planning Division) as a key partner. Community Development is including tree plantings in the planning and design of five major improvement projects, including trees in the City’s CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 13 upcoming Comprehensive Plan update in 2023-2024 (updating the 2009 plan). The Parks and Recreation Department manages annual public awareness campaigns around the benefits of trees (public Tree Sale), the importance of tree care (Regenerate Wheat Ridge program), the risks of Emerald Ash Borer (Watch Your Ash program). This funding would increase urban trees in public space planning, infrastructure, and private development and would increase the capacity of the other programs and initiatives listed above. (pgs. 26-32) With #2, “Promote the Role of Urban and Community Forestry in Human Health and Wellness” this project would partner with Jefferson County Public Health, Sustainable Wheat Ridge, Jefferson County Open Space, the Jefferson County Food Policy Council, the Tree Stewards, and other advocacy groups to promote the importance of forestry to public health. (pgs. 33-40) With #3, “Cultivate Diversity, Equity, and Leadership Within the Urban Forestry Community” this project would increase diversity, equity, and accessibility in urban and community forestry by increasing the tree canopy in underserved areas of Wheat Ridge. It increases workforce development and training opportunities in the industry by providing opportunities for 5 years of forestry work from the MHYC and adding a full-time Natural Resources position. (pgs. 41-48) With #4, “Strengthen Urban and Community Forest Health and Biodiversity for Long-Term Resilience” this project will increase the biodiversity and health of urban trees by planting a diverse array of species, treating sick trees, and removing unhealthy trees. It will also improve forests facing climate change challenges by increasing the urban tree canopy and community food resilience by increasing existing food forests and community gardens. (pgs. 49-56) With #5 “Improve Urban and Community Forest Management, Maintenance, and Stewardship” this project will increase the staff capacity for implementing best practices for forest management and maintenance in the near term (5-year program timeline) and build support for sustained increased capacity in the long-term beyond the funding period. (pgs. 57-64) With #6 “Diversify, Leverage, and Increase Funding for Urban and Community Forestry” this funding would increase overall investment in urban forestry. The diverse partners involved in this proposal show the collaboration on this project from partners in related fields and may spur increased forestry investment from those fields. (pgs. 65-72) With #7 “Increase Public Awareness and Environmental Education to Promote Stewardship” this project would expand the existing environmental education programs in Wheat Ridge, support the expansion of the volunteer Tree Stewards program, and increase the engagement with underserved communities on urban forestry establishment and stewardship. (pgs. 73-80) 2. Implementation Strategy/Methodology/Timeline: Approach: Wheat Ridge’s approach to this 5-year project timeline has two primary planting components plus additional support areas. 1) Including 500+ tree plantings in ongoing and upcoming capital project improvements to increase the tree canopy in those areas (typically from low levels due to construction). This approach also helps to build tree plantings into the capital projects planning and construction culture and processes within the City. 2) Increase the tree CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 14 plantings in Wheat Ridge parks, open spaces, and right-of-way areas by at least 500 trees by 2029. The Forestry team will utilize Davey Resource Group (DRG) TreeKeeper, TreeKeeper Canopy, and assessment tools listed in the budget narrative to identify the strategic locations within these areas that either make sense for new trees or are needed to replace trees that used to be there. Combined, this work will increase the urban tree canopy by over 12.5% on Wheat Ridge public lands (from 8,000 to over 9,000 trees). The support areas include an entry-level, full-time Natural Resources Specialist position to implement evidence-based forestry management strategies, perform local research, expand the use of the Treekeeper software programs for forest analysis, planning, inventory, monitoring, assessment, and to address invasive species. It also includes supplies for initial tree planting and care, MHYC planting weeks, signage and marketing efforts acknowledging the funding and promoting the value of trees, and support to expand the city’s volunteer Tree Stewards program to care for the new trees. More details are included in other sections. Methodology: The project would deploy assessment tools from DRG to direct tree investment to underserved areas to improve tree canopy equity and benefits. These tools include Land Cover Mapping and Metrics, Tree Canopy Benefits, Priority Planting Opportunity Index and Plan, Heat Island and Surface Temperatures, and a 5-year subscription to TreeKeeper Canopy which incorporates private trees into the existing public tree tracking. The public-facing tree canopy maps can be used to target efforts to increase the tree canopy on private lands and to educate the public on the many benefits and value of the urban tree canopy. Operations Strategies: Wheat Ridge’s 3-person Forestry crew, Natural Resources Specialist, and Forestry Supervisor will direct this effort. They will choose the specific trees for each location, select the locations, plant (or manage the planting of) the trees, and maintain the new trees for their first 3 years using water bags, wrap, tethers, stakes, mycorrhizae, and compost. The significant increase in plantings in this proposal results in our team needing additional support. The proposal includes 10 weeks (2 weeks/year) of MHYC time to assist with getting the trees into the ground. This collaboration also addresses funding priorities by providing paid on the-job training opportunities, youth employment opportunities, and workforce development for the industry. Project Schedule/Timeline with Goals/Milestones: • 2024 year-end: Deployed DRG assessment tools to direct tree plantings throughout and beyond the proposal timeframe, planted 275 trees in “Improve Wadsworth” street and trail project, planted ~100 trees in parks/open space/ROW areas, hired/trained a full-time Natural Resources Specialist, executed 2 weeks of MHYC work, increased Tree Stewards volunteer hours by 5% from 2022 hours, and, through broadened community engagement in local urban forest planning, included urban tree canopy equity assessments and improvements in the 2024 City Comprehensive Plan. • 2025 year-end: Completed 65 plantings at the Green at 38th project, planted ~100 trees in parks/open space/ROW areas, executed 2 weeks of MHYC work, increased Tree Stewards volunteer hours by 5% from 2024 hours, and, through broadened community engagement in local urban forest planning, included urban tree canopy equity assessments and improvements in the 2025 Parks and Recreation Department Master Plan. CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 15 • 2026 year-end: Completed 39 plantings at the Ward Transit-Oriented-Development, planted ~100 trees in parks/open space/ROW areas, executed 2 weeks of MHYC work, and increased Tree Stewards volunteer hours by 5% from 2025 hours. • 2027 year-end: Completed 95 plantings at the Youngfield Street Beautification project, planted ~100 trees in parks/open space/ROW areas, executed 2 weeks of MHYC work, and maintained 2026 Tree Stewards hours. • 2028 year-end: Completed 30 plantings at the Wadsworth Trail extension project, planted ~100 trees in parks/open space/ROW areas, executed 2 weeks of MHYC work, and maintained 2027 Tree Stewards hours. Finalize budget adjustments to fund Natural Resources Specialist position full-time beyond the grant period. Expected Accomplishments and Measurable Outcomes: • Plant at least 1,000 trees in Wheat Ridge public spaces • Contract with Mile High Youth Corps for at least 10 weeks of planting work • Fully fund entry-level, full-time Natural Resources Specialist position following program • Fund 3 new seasonal forestry positions for 5 years • Expand Tree Steward volunteer program hours 5% yearly 2024-2026, maintain through 2028 • Deploy DRG assessment tools to track the urban tree canopy, increase tree canopy equity, direct tree investment, and increase tree maintenance efficiency • Promote benefits of the urban tree canopy and funding acknowledgement with signage installed on-site at at least 3 physical project locations annually (15+ locations total) and with at least 12 publications, press releases, and/or online posts annually (monthly, 60+ total) • Include tree planting, tree maintenance, and urban canopy approaches and goals in City 2024 Comprehensive Plan update and Department 2025 Master Plan update (y/n outcome) Project Assessment/Evaluation Methods: Annually evaluate: • Are we on track with the above project timeline and expected measurable outcomes? • Did we meet our milestones for each respective year? • Are we on track with program expenses and 5-year budget? o For the 3 above questions, if not, what needs to happen to get back on track? • Are we ordering and planting an appropriate diversity of trees following the 20/10/5 rule? o Are we planting trees that will thrive in the selected environmental conditions? • Is Treekeeper Canopy up to date with the newly planted trees? • Did the Tree Stewards program increase volunteer hours 5% each year 2024-2026? End of program (year-end 2028) evaluation: • Did we complete the total expected accomplishments? • Did the program justify the Natural Resources Specialist position beyond the grant period? • Did the program result in urban tree canopy approaches, goals, and metrics being included in the updated City Comprehensive Plan and Department Master Plan? • Did the program result in future, large scale city capital projects (beyond 2028) continuing to CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 16 incorporate tree plantings in the planning, design, and construction processes? 3. Capability and Capacity: City of Wheat Ridge Parks and Recreation Department: • Andrew McDonald, Forestry and Open Space Supervisor: Manage the planting project, overall budget tracking, contracting with MHYC and professional crews • Jim Roemmelt, Forestry Technician: City Forester, manages planting and maintenance crew • Natural Resources Specialist (new): Inventory, research, assessment, DRG analysis tools • Susan Bennett, Environmental Interpreter: Liaison with Tree Stewards, leads education • Benny Paiz, Parks, Forestry, Open Space Manager: Leads 30 FTEs, budget, contractors • Mark Ruote, Parks Projects Coordinator: 35+ years’ experience, help with large plantings • Brandon Altenburg, Grant and Special Project Administrator: Grant reporting, budget tracking, metric tracking, grant communications • Karen O’Donnell, Parks and Recreation Director: Oversees 53-staff department • Danielle Moore, Marketing Specialist: Project marketing City of Wheat Ridge Administrative Services Department: • Amanda Harrison, Communications Manager: Project marketing • Mark Colvin, Finance Manager: Project accounting • Mary Hester, Sustainability Coordinator: Liaison with Sustainable Wheat Ridge City of Wheat Ridge Community Development Department: • Lauren Mikulak, Community Development Director: Oversees Planning, Development & Zoning, Long Range Planning, Engineering, and Building & Inspection Services Divisions • Mark Westberg, Projects Supervisor: Leads Community Development projects • Ashley Holland, Neighborhood Engagement Specialist: Leads public engagement efforts Jefferson County Open Space: • Julie Liggett, Grants and Special Projects Coordinator: Assist with Crown Hill Open Space 4. Communications Plan: The City’s communications plan for this proposal includes funding for dedicated signage acknowledging the funding sources at specific project location where at least 25 trees will be newly planted. These locations include the following projects: Improve Wadsworth street and trail project, Youngfield beautification, Ward Station Transit Oriented Development, Wadsworth Trail extension, and the Green at 38th. It will also include acknowledgement signage funding at locations where the existing tree canopy will be greatly increased, including at minimum: the Wheat Ridge Greenbelt, Creekside Park, Randall Park, Stites Park, Hayward Park, Boyd’s Crossing Park, Discovery Park, and Lewis Meadows Open Space. The communications plan also includes funding and project information being distributed through press releases, the City’s publications including Wheat Ridge Connections and Mayor’s Matters, the department’s quarterly Activity Guides and monthly e-newsletters, information on the city and department websites, physical and digital poster assets, social media promotion, and specific outreach through the networks of project partners including Sustainable Wheat Ridge, Jefferson County Open Space, the Tree Stewards, Denver Urban Gardens, and the Mile HighYouth Corps. CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 17 There will be significant community engagement throughout this project in partnership with Jeffco Public Health, Sustainable Wheat Ridge, and the partnering city departments. These groups will promote the value of the urban tree canopy, encourage increased plantings on private land, and increase the emphasis on trees in urban forest planning. The project team has the staff and capacity detailed in #3 specifically for this communications and engagement work. 5. Evidence of Disadvantaged Community Status. This proposal will increase the tree canopy in all neighborhoods in Wheat Ridge, with a focus on the underserved neighborhoods described below and noted in the Maps document. Approximately 75% of the trees planted throughout this project will be in disadvantaged neighborhoods. Within the disadvantaged areas, specific planting locations will be directed by the analysis from the TreeKeeper Canopy program, the Priority Planting Opportunity Index and Plan, the Social Equity and Tree Canopy Comparison tool, and via staff expertise on specific tree species and environmental conditions. The work in disadvantaged communities from CEJST is covered in #1 of this narrative. From the EPA’s EJScreen with Environmental Justice Indicators, Socioeconomic Indicators, Health Disparities, Climate Change Data, and Critical Service Gaps, most Census Tracts within Wheat Ridge have parts in the 80th+ percentile for Ozone and “over age 65”. Parts of Census Tracts 104.06, 107.01, and 107.02 are in the 80th+ percentile for Diesel Particulate Matter, Air Toxics Cancer Risk, Air Toxics Respiratory HI, Traffic Proximity, Lead Paint, Superfund Proximity, Hazardous Waste Proximity, Underground Storage Tanks, Wastewater Discharge, Low Income, and Broadband Gaps. Specific Census Tracts are also in the 80%+ for Particulate Matter 2.5, RMP Facility Proximity, Demographic Index, Supplemental Demographic Index, People of Color, Unemployment Rate, Limited English Speaking, Less Than High School Education, Under Age 5, Low Life Expectancy, Asthma, Wildfire Risk, and Medically Underserved. From the EPA’s EnviroAtlas Interactive Map, Wheat Ridge has multiple Census Block Groups above the 75th percentile for “households below the quality-of-life threshold income” and multiple Groups in the 2nd highest category for “cancer risk per million due to cumulative air toxics.” Census Block Group 0805901042 is currently an Opportunity Zone. Proof of work/tracking showing the various maps is submitted in section #12 of this application. CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 1 Revised Budget Table. Total Funds (requested) 2024 Estimated Spend 2025 Estimated Spend 2026 Estimated Spend 2027 Estimated Spend Line Item Totals Supplies (275) Trees within the Wadsworth Boulevard Project $110,000.00 $ 110,000.00 $ 110,000.00 (95) Trees within the Youngfield Project $38,000.00 $ 38,000.00 $ 38,000.00 (39) Trees within the Ward Transit Oriented Development Project $15,600.00 $ - $ 15,600.00 $ - $ - $ 15,600.00 (30) Trees within the Wadsworth Trail Extension $12,000.00 $ - $ - $ 12,000.00 $ - $ 12,000.00 (115) Trees within the Green at 38th $41,574.00 $ - $ 41,574.00 $ - $ - $ 41,574.00 (32) Trees at Foothills Regional Housing Locations (affordable housing) $4,800.00 $ 4,800.00 $ - $ - $ - $ 4,800.00 (40) Trees at Crown Hill Park $16,000.00 $ - $ 16,000.00 $ - $ - $ 16,000.00 (100) Trees within the Eastern Wheat Ridge Greenbelt $40,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 40,000.00 (100) Trees within the Eastern Wheat Ridge Parks: Creekside, Randall, Stites, Panorama, Hopper Hollow, Hayward, Apel-Bacher $40,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 40,000.00 (100) Trees within the primary Eastern ROW Areas: Marshall, Harlan, 38th $40,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 40,000.00 (200) Trees within the remaining Wheat Ridge Parks, Open Space, ROW Areas $80,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 80,000.00 Supplies for Tree Stewards Program Expansion $5,000.00 $ 2,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 5,000.00 Compost $2,000.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 2,000.00 Mycorrhizae $4,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 4,000.00 Tools $2,000.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 2,000.00 Tree Stakes $6,216.00 $ 1,554.00 $ 1,554.00 $ 1,554.00 $ 1,554.00 $ 6,216.00 CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 2 Tree Tethers $800.00 $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 800.00 Tree Wrap $600.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 600.00 Water Bags/Gaiters $6,000.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 6,000.00 Signage/Marketing for Project $10,000.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 10,000.00 Contractual Mile High Youth Corps 10 weeks of Crew Work $90,000.00 $ 18,000.00 $ 27,000.00 $ 27,000.00 $ 18,000.00 $ 90,000.00 Davey Resource Group (DRG) TreeKeeper Software Program 5-Year Subscription $10,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 4,000.00 $ 10,000.00 DRG TreeKeeper Canopy Software Program Launch/Year 1 $4,500.00 $ 4,500.00 $ - $ - $ - $ 4,500.00 DRG TreeKeeper Canopy Software Program Web-Based Training $750.00 $ 750.00 $ - $ - $ - $ 750.00 DRG TreeKeeper Canopy Software Program Years 2-4 $6,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 6,000.00 DRG Land Cover Mapping and Metrics Tool $8,480.00 $ 8,480.00 $ - $ - $ - $ 8,480.00 DRG Tree Canopy Benefits $1,486.00 $ 1,486.00 $ - $ - $ - $ 1,486.00 DRG Priority Planting Opportunity Index and Plan $2,860.00 $ 2,860.00 $ - $ - $ - $ 2,860.00 DRG Heat Island and Surface Temperature $2,574.00 $ 2,574.00 $ - $ - $ - $ 2,574.00 DRG Social Equity and Tree Canopy Comparison $2,530.00 $ 2,530.00 $ - $ - $ - $ 2,530.00 DRG Tree Canopy Change Assessement $4,400.00 $ 4,400.00 $ - $ - $ - $ 4,400.00 DRG General Health of Tree Canopy $1,044.00 $ 1,044.00 $ - $ - $ - $ 1,044.00 Other (sub- grants only) Total Direct Costs: $609,214.00 $ 113,328.00 $ 201,078.00 $ 211,904.00 $ 82,904.00 $ 609,214.00 Indirect Cost: $59,859.00 $ 14,964.75 $ 14,964.75 $ 14,964.75 $ 14,964.75 $ 59,859.00 CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 3 Total Project Cost: $669,073.00 $ 128,292.75 $ 216,042.75 $ 226,868.75 $ 97,868.75 $ 669,073.00 CRS13 – Wheat Ridge, CO Project Amount: $699,073 Project Completion Date: December 1, 2027 ATTACHMENT 2 1 Appendix 3. Original Federal Application Documents When the Grant Agreement is ready for signature, the original federal proposal PDF will be merged here to capture historical records, and routed as 1 PDF for signatures via DocuSign. ITEM NO: 2 DATE: March 25, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE A CONTRACT TO BUY AND SELL REAL ESTATE FROM JEFFERSON COUNTY SCHOOL DISTRICT FOR THE GREEN AT 38TH PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO City Manager ISSUE: Staff received direction from City Council in 2018 to engage a designer to develop conceptual designs for a community gathering space at The Green on 38th Avenue in front of Stevens Elementary. The final design is now nearly complete, and construction is scheduled to begin on June 1, 2024 when the school closes for summer break. Staff signed a nonbinding Letter of Intent with the Jefferson County School District which set forth the terms under which the District would convey the property necessary for The Green to the City in exchange for the City constructing a new parking lot for Stevens Elementary. The terms of the Letter of Intent have been incorporated into a Contract to Buy and Sell Real Estate. PRIOR ACTION: Consensus was reached by City Council at the March 4, 2024 study session to bring forward a final contract for approval at the March 25th regular meeting. FINANCIAL IMPACT: The purchase price is $0.00 in exchange for the City constructing a new parking lot for Stevens Elementary at an estimated cost of $1,386,590. Council Action – The Green at 38th – Phase 1 Project Contract Award March 25, 2024 Page 2 The initial work to develop conceptual designs and 30% design development for The Green was completed at a cost of $94,638. A fee in the amount of $399,909 was negotiated with Architerra for final design and construction drawings. The original contract was amended with four change orders, increasing this budget to $427,559 for total design costs of $522,197. The current projected budget for The Green project is $7.1 million, of which $1.4 million is for the parking lot for Stevens Elementary. A value engineering exercise will be conducted in an attempt to decrease this total cost. The following funding has been allocated or is anticipated to be awarded for this project: General Fund $900,000 Department of Local Affairs Energy Impact Grant $850,000 Waste Management Grant $3,000 Gates Family Foundation Grant $30,000 Great Outdoors Colorado Grant $500,000 CDOT Revitalizing Main Streets Grant $250,000 Fees in Lieu of Parkland Dedication $860,546 Open Space Fund $2,036,117 Conservation Trust Fund $300,000 Total Funding Sources $5,729,663 Total Budget including Design $7,622,197 ($1,892,534) A deficit of approximately $1.9 million exists in funding sources for this project. However, staff believes this deficit can be decreased substantially through a value engineering exercise. In addition, additional Open Space and Conservation Trust dollars can be budgeted in 2025 for any remaining budget deficit and any funds received from the sale of the Town Center Park property can be allocated towards The Green. BACKGROUND: A consensus was reached by City Council in 2018 to engage a designer to develop conceptual designs for The Green. Architerra Group was hired by the City in August 2018 through the City’s established procurement process. Architerra developed multiple options and those were presented to focus groups of interested stakeholders, including various school district representatives, Stevens Elementary parents, Localworks and 38th Avenue businesses. This final design has several advantages: • Meets the School District’s security/safety goals by providing a parking lot and circulation area that is protected from the street, more convenient to the building entry and will be perceived as being safer by providing a buffer between the elementary school and its outdoor playground and the various activities that occur on The Green. Council Action – The Green at 38th – Phase 1 Project Contract Award March 25, 2024 Page 3 • Provides a more efficiently designed parking lot, while maintaining approximately the same number of spaces. • Gives The Green a stronger street presence and visibility, furthering the City’s goal of highlighting 38th Avenue as the City’s “main street.” • Provides a logical extension of streetscape improvements that were installed as part of the West 38th apartments immediately to the west. The City and the School District have an existing agreement that allows for shared use of The Green, which has been in place for several years. The District continues to be very supportive of this redesign and continued shared use, which as noted above, meets important goals for both the City and District. The original intent was for the City to enter into a long-term lease with the District to utilize the District’s property for this project. However, the District has now agreed to convey the property to the City in exchange for the City paying for and constructing a new parking lot for Stevens Elementary. The attached Contract is the standard Colorado real estate contract and has been reviewed by the City Attorney. The Additional Provisions of the Contract in Section 29 are unique to this transaction and include the following: 1. The City will cause the property for The Green to be a separately platted parcel 2. The contract shall be conditioned on the inclusion of a reverter clause for the benefit of both Jefferson County Open Space (JCOS) and the Jefferson County School District. The City is currently working with JCOS to transfer the reverter from Town Center Park to The Green. The reverter clause will require the City to continue to operate The Green for “Park Purposes”. If the City fails to maintain the property for “Park Purposes”, JCOS may take over operation of the park and/or the property may be deeded back to the District. 3. The City will construct a parking lot and associated hardscape on District property that is like size and capacity as the current parking lot in exchange for the District deeding the property associated with The Green to the City. The engineers estimate for construction of the parking lot is approximately $1.4 million. RECOMMENDATION: Staff recommends that the City Council approve, by motion, a Contract to Buy and Sell Real Estate with Jefferson County School District for The Green at 38th. RECOMMENDED MOTION: “I move to approve a Contract to Buy and Sell Real Estate from Jefferson County School District for The Green at 38th.” Or, “I move to not approve a Contract to Buy and Sell Real Estate from Jefferson County School District for The Green at 38th for the following reason(s) __________________.” Council Action – The Green at 38th – Phase 1 Project Contract Award March 25, 2024 Page 4 REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager Jerry Dahl, City Attorney ATTACHMENTS: 1. Contract to Buy and Sell Real Estate 2. The Green at 38th Final Site Plan CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 1 of 19 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. 1 (CBS3-6-23) (Mandatory 1-24) 2 3 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 4 OTHER COUNSEL BEFORE SIGNING. 5 6 CONTRACT TO BUY AND SELL REAL ESTATE 7 (COMMERCIAL) 8 ( Property with No Residences) 9 ( Property with Residences-Residential Addendum Attached) 10 11 Date: March 14, 2024 12 AGREEMENT 13 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell the Property described below on the terms and conditions set 14 forth in this contract (Contract). 15 2. PARTIES AND PROPERTY. 16 2.1. Buyer. City of Wheat Ridge (Buyer) will take title 17 to the Property described below as Joint Tenants Tenants In Common Other in severalty . 18 2.2. No Assignability. This Contract IS NOT assignable by Buyer unless otherwise specified in Additional Provisions. 19 2.3. Seller. Jefferson County School District R-1 (Seller) is the current owner of the Property described below. 20 2.4. Property. The Property is the following legally described real estate in the County of Jefferson, Colorado (insert legal 21 description): 22 23 An approximately 1.62 acre (70,554 square feet more or less)-acre portion of Stevens Elementary School, as depicted on 24 the site plan set forth in Exhibit A, attached hereto and made a part hereof (Site Plan), the legal description of which is to 25 be established pursuant to the Survey (as defined in this Contract 26 27 28 29 known as: 7085 W. 38th Avenue, Wheat Ridge, Colorado 80033 , 30 Street Address City State Zip 31 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto and all interest of 32 Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). 33 2.5. Inclusions. The Purchase Price includes the following items (Inclusions): 34 2.5.1. Inclusions – Attached. If attached to the Property on the date of this Contract, the following items are 35 included unless excluded under Exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV antennas, inside 36 telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-37 in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories) and garage door openers 38 (including N/A remote controls). If checked, the following are owned by the Seller and included: Solar Panels Water 39 Softeners Security Systems Satellite Systems (including satellite dishes). Leased items should be listed under § 2.5.7. 40 (Leased Items). If any additional items are attached to the Property after the date of this Contract, such additional items are also 41 included in the Purchase Price. 42 2.5.2. Inclusions – Not Attached. If on the Property, whether attached or not, on the date of this Contract, the 43 following items are included unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings, 44 blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, 45 heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys. 46 2.5.3. Other Inclusions. The following items, whether fixtures or personal property, are also included in the 47 Purchase Price: 48 49 50 51 52 53 ATTACHMENT 1 CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 2 of 19 54 2.5.4. Encumbered Inclusions. Any Inclusions owned by Seller (e.g., owned solar panels) must be conveyed at 55 Closing by Seller free and clear of all taxes (except personal property and general real estate taxes for the year of Closing), liens and 56 encumbrances, except: 57 58 59 60 61 2.5.5. Personal Property Conveyance. Conveyance of all personal property will be by bill of sale or other 62 applicable legal instrument. 63 2.5.6. Parking and Storage Facilities. The use or ownership of the following parking facilities: 64 N/A; and the use or ownership of the following storage facilities: N/A. Note to Buyer: If exact rights to the parking and storage 65 facilities is a concern to Buyer, Buyer should investigate. 66 2.5.7. Leased Items. The following personal property is currently leased to Seller which will be transferred to Buyer 67 at Closing (Leased Items): 68 69 70 71 2.5.8. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: 72 73 74 75 The trade fixtures to be conveyed at Closing will be conveyed by Seller free and clear of all taxes (except personal 76 property taxes for the year of Closing), liens and encumbrances, except . Conveyance 77 will be by bill of sale or other applicable legal instrument. 78 2.6. Exclusions. The following items are excluded (Exclusions): 79 80 81 82 2.7. Water Rights/Well Rights. 83 2.7.1. Deeded Water Rights. The following legally described water rights: 84 85 86 87 Any deeded water rights will be conveyed by a good and sufficient deed at Closing. 88 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§ 2.7.1., 2.7.3. and 89 2.7.4., will be transferred to Buyer at Closing: 90 91 92 93 94 95 96 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that if 97 the well to be transferred is a “Small Capacity Well” or a “Domestic Exempt Water Well” used for ordinary household purposes, 98 Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been registered 99 with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must complete a 100 registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in 101 connection with the transaction, Buyer must file the form with the Division within sixty days after Closing. The Well Permit # is 102 . 103 2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows: 104 105 106 107 108 109 2.7.5. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2. (Other Rights Relating to Water), 110 § 2.7.3. (Well Rights), or § 2.7.4. (Water Stock Certificates), Seller agrees to convey such rights to Buyer by executing the applicable 111 legal instrument at Closing. 112 CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 3 of 19 2.7.6. Water Rights Review. Buyer Does Does Not have a Right to Terminate if examination of the Water 113 Rights is unsatisfactory to Buyer on or before the Water Rights Examination Deadline. 114 3. DATES, DEADLINES AND APPLICABILITY. 115 3.1. Dates and Deadlines. 116 Item No. Reference Event Date or Deadline 1 § 3 Time of Day Deadline 4:00 p.m. MT 2 § 4 Alternative Earnest Money Deadline N/A Title 3 § 8 Record Title Deadline (and Tax Certificate) 10 days after MEC 4 § 8 Record Title Objection Deadline 90 days after MEC 5 § 8 Off-Record Title Deadline 10 days after MEC 6 § 8 Off-Record Title Objection Deadline 90 days after MEC 7 § 8 Title Resolution Deadline 95 days after MEC 8 § 8 Third Party Right to Purchase/Approve Deadline N/A Owners’ Association 9 § 7 Association Documents Deadline 10 days after MEC 10 § 7 Association Documents Termination Deadline 90 days after MEC Seller’s Disclosures 11 § 10 Seller’s Property Disclosure Deadline 10 days after MEC 12 § 10 Lead-Based Paint Disclosure Deadline (if Residential Addendum attached) N/A Loan and Credit 13 § 5 New Loan Application Deadline N/A 14 § 5 New Loan Terms Deadline N/A 15 § 5 New Loan Availability Deadline N/A 16 § 5 Buyer’s Credit Information Deadline N/A 17 § 5 Disapproval of Buyer’s Credit Information Deadline N/A 18 § 5 Existing Loan Deadline N/A 19 § 5 Existing Loan Termination Deadline N/A 20 § 5 Loan Transfer Approval Deadline N/A 21 § 4 Seller or Private Financing Deadline N/A Appraisal 22 § 6 Appraisal Deadline N/A 23 § 6 Appraisal Objection Deadline N/A 24 § 6 Appraisal Resolution Deadline N/A Survey 25 § 9 New ILC or New Survey Deadline 60 days after MEC 26 § 9 New ILC or New Survey Objection Deadline 90 days after MEC 27 § 9 New ILC or New Survey Resolution Deadline 95 days after MEC Inspection and Due Diligence 28 § 2 Water Rights Examination Deadline N/A 29 § 8 Mineral Rights Examination Deadline N/A 30 § 10 Inspection Termination Deadline 90 days after MEC 31 § 10 Inspection Objection Deadline 90 days after MEC 32 § 10 Inspection Resolution Deadline 95 days after MEC 33 § 10 Property Insurance Termination Deadline N/A 34 § 10 Due Diligence Documents Delivery Deadline 10 days after MEC 35 § 10 Due Diligence Documents Objection Deadline 90 days after MEC 36 § 10 Due Diligence Documents Resolution Deadline 95 days after MEC 37 § 10 Environmental Inspection Termination Deadline 90 days after MEC 38 § 10 ADA Evaluation Termination Deadline 90 days after MEC 39 § 10 Conditional Sale Deadline N/A CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 4 of 19 40 § 10 Lead-Based Paint Termination Deadline (if Residential Addendum attached) N/A 41 § 11 Estoppel Statements Deadline N/A 42 § 11 Estoppel Statements Termination Deadline N/A Closing and Possession 43 § 12 Closing Date 120 days after MEC 44 § 17 Possession Date At Closing 45 § 17 Possession Time At Closing 46 § 27 Acceptance Deadline Date March 31, 2024 47 § 27 Acceptance Deadline Time 4:00 p.m. MT 3.2. Applicability of Terms. If any deadline blank in § 3.1. (Dates and Deadlines) is left blank or completed with “N/A”, 117 or the word “Deleted,” such deadline is not applicable and the corresponding provision containing the deadline is deleted. Any box 118 checked in this Contract means the corresponding provision applies. If no box is checked in a provision that contains a selection of 119 “None”, such provision means that “None” applies. 120 The abbreviation “MEC” (mutual execution of this Contract) means the date upon which both parties have signed this Contract. The 121 abbreviation “N/A” as used in this Contract means not applicable. 122 3.3. Day; Computation of Period of Days; Deadlines. 123 3.3.1. Day. As used in this Contract, the term “day” means the entire day ending at 11:59 p.m., United States 124 Mountain Time (Standard or Daylight Savings, as applicable). Except however, if a Time of Day Deadline is specified in § 3.1. 125 (Dates and Deadlines), all Objection Deadlines, Resolution Deadlines, Examination Deadlines and Termination Deadlines will end 126 on the specified deadline date at the time of day specified in the Time of Day Deadline, United States Mountain Time. If Time of 127 Day Deadline is left blank or “N/A” the deadlines will expire at 11:59 p.m., United States Mountain Time. 128 3.3.2. Computation of Period of Days. In computing a period of days (e.g., three days after MEC), when the 129 ending date is not specified, the first day is excluded and the last day is included. 130 3.3.3. Deadlines. If any deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such 131 deadline Will Will Not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, 132 the deadline will not be extended. 133 4. PURCHASE PRICE AND TERMS. 134 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: 135 Item No. Reference Item Amount Amount 1 § 4.1. Purchase Price $ N/A 2 § 4.3. Earnest Money $ N/A 3 § 4.5. New Loan $ N/A 4 § 4.6. Assumption Balance $ N/A 5 § 4.7. Private Financing $ N/A 6 § 4.7. Seller Financing $ N/A 7 8 9 § 4.4. Cash at Closing $ N/A 10 TOTAL $ N/A $ N/A 4.2. Seller Concession. At Closing, Seller will credit to Buyer $_ N/A (Seller Concession). The Seller Concession may be 136 used for any Buyer fee, cost, charge or expenditure to the extent the amount is allowed by the Buyer’s lender and is included in the 137 Closing Statement or Closing Disclosure at Closing. Examples of allowable items to be paid for by the Seller Concession include, 138 but are not limited to: Buyer’s closing costs, loan discount points, loan origination fees, prepaid items and any other fee, cost, charge, 139 expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this 140 Contract. 141 4.3. Earnest Money. The Earnest Money set forth in this Section, in the form of a N/A, will be payable to and held by N/A 142 (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit must be tendered, by 143 Buyer, with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline for its payment. The parties 144 authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any, at or before 145 Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund established 146 CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 5 of 19 for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest 147 accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction will be transferred to such fund. 148 4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the 149 time of tender of this Contract, is as set forth as the Alternative Earnest Money Deadline. 150 4.3.2. Disposition of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled 151 to the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 24 and, except as provided 152 in § 23 (Earnest Money Dispute), if the Earnest Money has not already been returned following receipt of a Notice to Terminate, 153 Seller agrees to execute and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release 154 form), within three days of Seller’s receipt of such form. If Seller is entitled to the Earnest Money, and, except as provided in § 23 155 (Earnest Money Dispute), if the Earnest Money has not already been paid to Seller, following receipt of an Earnest Money Release 156 form, Buyer agrees to execute and return to Seller or Broker working with Seller, written mutual instructions (e.g., Earnest Money 157 Release form), within three days of Buyer’s receipt. 158 4.3.2.1. Seller Failure to Timely Return Earnest Money. If Seller fails to timely execute and return the 159 Earnest Money Release Form, or other written mutual instructions, Seller is in default and liable to Buyer as set forth in “If Seller 160 is in Default”, § 20.2. and § 21, unless Seller is entitled to the Earnest Money due to a Buyer default. 161 4.3.2.2. Buyer Failure to Timely Release Earnest Money. If Buyer fails to timely execute and return the 162 Earnest Money Release Form, or other written mutual instructions, Buyer is in default and liable to Seller as set forth in “If Buyer 163 is in Default, § 20.1 and § 21, unless Buyer is entitled to the Earnest Money due to a Seller Default. 164 4.4. Form of Funds; Time of Payment; Available Funds. 165 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing 166 and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified 167 check, savings and loan teller’s check and cashier’s check (Good Funds). 168 4.4.2. Time of Payment. All funds, including the Purchase Price to be paid by Buyer, must be paid before or at 169 Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at Closing OR SUCH 170 NONPAYING PARTY WILL BE IN DEFAULT. 171 4.4.3. Available Funds. Buyer represents that Buyer, as of the date of this Contract, Does Does Not have 172 funds that are immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in § 4.1. 173 4.5. New Loan. Intentionally deleted. 174 4.6. Assumption. Intentionally deleted. 175 4.7. Seller or Private Financing. Intentionally deleted. 176 TRANSACTION PROVISIONS 177 5. FINANCING CONDITIONS AND OBLIGATIONS. Intentionally deleted. 178 179 6. APPRAISAL PROVISIONS. Intentionally deleted. 180 181 7. OWNERS’ ASSOCIATIONS. This Section is applicable if the Property is located within one or more Common Interest 182 Communities and subject to one or more declarations (Association). 183 7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON 184 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY. THE OWNER OF 185 THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS’ ASSOCIATION FOR THE 186 COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE 187 ASSOCIATION. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL 188 OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS 189 OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD 190 PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS 191 AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING 192 CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A 193 COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF 194 PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL 195 OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE 196 DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE 197 ASSOCIATION. 198 7.2. Association Documents to Buyer. Seller is obligated to provide to Buyer the Association Documents (defined below), 199 at Seller’s expense, on or before Association Documents Deadline. Seller authorizes the Association to provide the Association 200 CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 6 of 19 Documents to Buyer, at Seller’s expense. Seller’s obligation to provide the Association Documents is fulfilled upon Buyer’s receipt 201 of the Association Documents, regardless of who provides such documents. 202 7.3. Association Documents. Association documents (Association Documents) consist of the following: 203 7.3.1. All Association declarations, articles of incorporation, bylaws, articles of organization, operating agreements, 204 rules and regulations, party wall agreements and the Association’s responsible governance policies adopted under § 38-33.3-209.5, 205 C.R.S.; 206 7.3.2. Minutes of: (1) the annual owners’ or members’ meeting and (2) any executive boards’ or managers’ meetings; 207 such minutes include those provided under the most current annual disclosure required under § 38-33.3-209.4, C.R.S. (Annual 208 Disclosure) and minutes of meetings, if any, subsequent to the minutes disclosed in the Annual Disclosure. If none of the preceding 209 minutes exist, then the most recent minutes, if any (§§ 7.3.1. and 7.3.2., collectively, Governing Documents); and 210 7.3.3. List of all Association insurance policies as provided in the Association’s last Annual Disclosure, including, 211 but not limited to, property, general liability, association director and officer professional liability and fidelity policies. The list must 212 include the company names, policy limits, policy deductibles, additional named insureds and expiration dates of the policies listed 213 (Association Insurance Documents); 214 7.3.4. A list by unit type of the Association’s assessments, including both regular and special assessments as 215 disclosed in the Association’s last Annual Disclosure; 216 7.3.5. The Association’s most recent financial documents which consist of: (1) the Association’s operating budget 217 for the current fiscal year, (2) the Association’s most recent annual financial statements, including any amounts held in reserve for 218 the fiscal year immediately preceding the Association’s last Annual Disclosure, (3) the results of the Association’s most recent 219 available financial audit or review, (4) list of the fees and charges (regardless of name or title of such fees or charges) that the 220 Association’s community association manager or Association will charge in connection with the Closing including, but not limited 221 to, any fee incident to the issuance of the Association’s statement of assessments (Status Letter), any rush or update fee charged for 222 the Status Letter, any record change fee or ownership record transfer fees (Record Change Fee), fees to access documents, (5) list of 223 all assessments required to be paid in advance, reserves or working capital due at Closing and (6) reserve study, if any (§§ 7.3.4. and 224 7.3.5., collectively, Financial Documents); 225 7.3.6. Any written notice from the Association to Seller of a “construction defect action” under § 38-33.3-303.5, 226 C.R.S. within the past six months and the result of whether the Association approved or disapproved such action (Construction 227 Defect Documents). Nothing in this Section limits the Seller’s obligation to disclose adverse material facts as required under § 10.2. 228 (Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition) including any problems or defects in the common 229 elements or limited common elements of the Association property. 230 7.4. Conditional on Buyer’s Review. Buyer has the right to review the Association Documents. Buyer has the Right to 231 Terminate under § 24.1., on or before Association Documents Termination Deadline, based on any unsatisfactory provision in 232 any of the Association Documents, in Buyer’s sole subjective discretion. Should Buyer receive the Association Documents after 233 Association Documents Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to 234 Terminate received by Seller on or before ten days after Buyer’s receipt of the Association Documents. If Buyer does not receive 235 the Association Documents, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing 236 Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to 237 Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory and Buyer waives any Right 238 to Terminate under this provision, notwithstanding the provisions of § 8.6. (Third Party Right to Purchase/Approve). 239 8. TITLE INSURANCE, RECORD TITLE AND OFF-RECORD TITLE. 240 8.1. Evidence of Record Title. 241 8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance 242 company to furnish the owner’s title insurance policy at Seller’s expense. On or before Record Title Deadline, Seller must furnish 243 to Buyer, a current commitment for an owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price, 244 or if this box is checked, an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be issued 245 and delivered to Buyer as soon as practicable at or after Closing. 246 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance 247 company to furnish the owner’s title insurance policy at Buyer’s expense. On or before Record Title Deadline, Buyer must furnish to 248 Seller, a current commitment for owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price. 249 If neither box in § 8.1.1. or § 8.1.2. is checked, § 8.1.1. applies. 250 8.1.3. Owner’s Extended Coverage (OEC). The Title Commitment Will Will Not contain Owner’s 251 Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete or insure over the standard exceptions 252 which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics’ liens, (5) gap 253 period (period between the effective date and time of commitment to the date and time the deed is recorded) and (6) unpaid taxes, 254 assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC will be paid by 255 Buyer Seller One-Half by Buyer and One-Half by Seller Other__________________________. 256 Regardless of whether the Contract requires OEC, the Title Insurance Commitment may not provide OEC or delete or insure over 257 any or all of the standard exceptions for OEC. The Title Insurance Company may require a New Survey or New ILC, defined below, 258 CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 7 of 19 among other requirements for OEC. If the Title Insurance Commitment is not satisfactory to Buyer, Buyer has a right to object under 259 § 8.7. (Right to Object to Title, Resolution). 260 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations, covenants, 261 conditions and restrictions burdening the Property and (2) copies of any other documents (or, if illegible, summaries of such 262 documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished to Buyer (collectively, Title 263 Documents). 264 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title 265 Documents. This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the county 266 where the Property is located. The cost of furnishing copies of the documents required in this Section will be at the expense of the 267 party or parties obligated to pay for the owner’s title insurance policy. 268 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any 269 portion of the Property (Abstract of Title) in Seller’s possession on or before Record Title Deadline. 270 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the 271 Title Documents as set forth in § 8.7. (Right to Object to Title, Resolution) on or before Record Title Objection Deadline. Buyer’s 272 objection may be based on any unsatisfactory form or content of Title Commitment or Abstract of Title, notwithstanding § 13, or 273 any other unsatisfactory title condition, in Buyer’s sole subjective discretion. If the Abstract of Title, Title Commitment or Title 274 Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title Commitment 275 that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will be delivered to 276 Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object to: (1) any 277 required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or Title Documents, 278 or (3) any endorsement to the Title Commitment. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection, 279 pursuant to this § 8.2. (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.7. (Right to Object 280 to Title, Resolution). If Seller has fulfilled all Seller’s obligations, if any, to deliver to Buyer all documents required by § 8.1. 281 (Evidence of Record Title) and Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable 282 deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title Commitment and Title 283 Documents as satisfactory. 284 8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing 285 surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without 286 limitation, governmental improvements approved, but not yet installed) or other title matters not shown by public records, of which 287 Seller has actual knowledge (Off-Record Matters). This Section excludes any New ILC or New Survey governed under § 9 (New 288 ILC, New Survey). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown 289 by public records (e.g., unrecorded easement, boundary line discrepancy or water rights). Buyer’s Notice to Terminate or Notice of 290 Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding § 8.2. 291 (Record Title) and § 13 (Transfer of Title)), in Buyer’s sole subjective discretion, must be received by Seller on or before Off-292 Record Title Objection Deadline. If an Off-Record Matter is received by Buyer after the Off-Record Title Deadline, Buyer has 293 until the earlier of Closing or ten days after receipt by Buyer to review and object to such Off-Record Matter. If Seller receives 294 Buyer’s Notice to Terminate or Notice of Title Objection pursuant to this § 8.3. (Off-Record Title), any title objection by Buyer is 295 governed by the provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller does not receive Buyer’s Notice to 296 Terminate or Notice of Title Objection by the applicable deadline specified above, Buyer accepts title subject to such Off-Record 297 Matters and rights, if any, of third parties not shown by public records of which Buyer has actual knowledge. 298 8.4. Special Taxing and Metropolitan Districts. Intentionally Deleted. 299 8.5. Tax Certificate. A tax certificate paid for by Seller Buyer, for the Property (Tax Certificate) must be delivered 300 to Buyer on or before Record Title Deadline. If the content of the Tax Certificate is unsatisfactory to Buyer, in Buyer’s sole 301 subjective discretion, Buyer may terminate, on or before Record Title Objection Deadline. Should Buyer receive the Tax Certificate 302 after Record Title Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate 303 received by Seller on or before ten days after Buyer’s receipt of the Tax Certificate. If Buyer does not receive the Tax Certificate, or 304 if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate 305 must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer 306 accepts the content of the Tax Certificate as satisfactory and Buyer waives any Right to Terminate under this provision. If Buyer’s 307 loan specified in §4.5.3, (Loan Limitations) prohibits Buyer from paying for the Tax Certificate, the Tax Certificate will be paid for 308 by Seller. 309 8.6. Third Party Right to Purchase/Approve. If any third party has a right to purchase the Property (e.g., right of first 310 refusal on the Property, right to purchase the Property under a lease or an option held by a third party to purchase the Property) or a 311 right of a third party to approve this Contract, Seller must promptly submit this Contract according to the terms and conditions of 312 such right. If the third-party holder of such right exercises its right this Contract will terminate. If the third party’s right to purchase 313 is waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and effect. Seller must promptly 314 notify Buyer in writing of the foregoing. If the third party right to purchase is exercised or approval of this Contract has not occurred 315 on or before Third Party Right to Purchase/Approve Deadline, this Contract will then terminate. Seller will supply to Buyer, in 316 writing, details of any Third Party Right to Purchase the Property on or before the Record Title Deadline. 317 CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 8 of 19 8.7. Right to Object to Title, Resolution. Buyer has a right to object or terminate, in Buyer’s sole subjective discretion, 318 based on any title matters including those matters set forth in § 8.2. (Record Title), § 8.3. (Off-Record Title), § 8.5. (Tax Certificate) 319 and § 13 (Transfer of Title). If Buyer exercises Buyer’s rights to object or terminate based on any such title matter, on or before the 320 applicable deadline, Buyer has the following options: 321 8.7.1. Title Objection, Resolution. If Seller receives Buyer’s written notice objecting to any title matter (Notice of 322 Title Objection) on or before the applicable deadline and if Buyer and Seller have not agreed to a written settlement thereof on or 323 before Title Resolution Deadline, this Contract will terminate on the expiration of Title Resolution Deadline, unless Seller receives 324 Buyer’s written withdrawal of Buyer’s Notice of Title Objection (i.e., Buyer’s written notice to waive objection to such items and 325 waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the Record Title 326 Deadline or the Off-Record Title Deadline, or both, are extended pursuant to § 8.2. (Record Title) or § 8.3. (Off-Record Title) the 327 Title Resolution Deadline also will be automatically extended to the earlier of Closing or fifteen days after Buyer’s receipt of the 328 applicable documents; or 329 8.7.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under § 24.1., on or before 330 the applicable deadline, based on any title matter unsatisfactory to Buyer, in Buyer’s sole subjective discretion. 331 8.8. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed 332 carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, 333 including, without limitation, boundary lines and encroachments, set-back requirements, area, zoning, building code violations, 334 unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property and various 335 laws and governmental regulations concerning land use, development and environmental matters. 336 8.8.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE 337 PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE AND TRANSFER OF 338 THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL ESTATE OR WATER 339 RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL 340 ENERGY OR WATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS MAY GIVE THEM 341 RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE MINERAL ESTATE, OIL, 342 GAS OR WATER. 343 8.8.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO 344 ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A 345 MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND 346 RECORDER. 347 8.8.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT 348 TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION 349 OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING 350 OF CURRENT WELLS AND GAS GATHERING AND PROCESSING FACILITIES. 351 8.8.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL 352 INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING 353 DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL 354 AND GAS CONSERVATION COMMISSION. 355 8.8.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from, or 356 not covered by the owner’s title insurance policy. 357 8.9. Mineral Rights Review. Buyer Does Does Not have a Right to Terminate if examination of the Mineral 358 Rights is unsatisfactory to Buyer on or before the Mineral Rights Examination Deadline. 359 9. NEW ILC, NEW SURVEY. 360 9.1. New ILC or New Survey. If the box is checked, (1) New Improvement Location Certificate (New ILC); or, (2) 361 New Survey in the form of ALTA; is required and the following will apply: 362 9.1.1. Ordering of New ILC or New Survey. Seller Buyer will order the New ILC or New Survey. The 363 New ILC or New Survey may also be a previous ILC or survey that is in the above-required form, certified and updated as of a date 364 after the date of this Contract. 365 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be paid, on or before 366 Closing, by: Seller Buyer or: 367 368 369 9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or the provider of 370 the opinion of title if an Abstract of Title) and N/A will receive a New ILC or New Survey on or before New ILC or New Survey 371 Deadline. 372 9.1.4. Certification of New ILC or New Survey. The New ILC or New Survey will be certified by the surveyor to 373 all those who are to receive the New ILC or New Survey. 374 CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 9 of 19 9.2. Buyer’s Right to Waive or Change New ILC or New Survey Selection. Buyer may select a New ILC or New 375 Survey different than initially specified in this Contract if there is no additional cost to Seller or change to the New ILC or New 376 Survey Objection Deadline. Buyer may, in Buyer’s sole subjective discretion, waive a New ILC or New Survey if done prior to 377 Seller incurring any cost for the same. 378 9.3. New ILC or New Survey Objection. Buyer has the right to review and object based on the New ILC or New Survey. 379 If the New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, 380 Buyer may, on or before New ILC or New Survey Objection Deadline, notwithstanding § 8.3. or § 13: 381 9.3.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1, that this Contract is terminated; or 382 9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that was to be 383 shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires Seller to correct. 384 9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received by Seller, on or 385 before New ILC or New Survey Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on 386 or before New ILC or New Survey Resolution Deadline, this Contract will terminate on expiration of the New ILC or New Survey 387 Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the New ILC or New Survey Objection before such 388 termination (i.e., on or before expiration of New ILC or New Survey Resolution Deadline). 389 DISCLOSURE, INSPECTION AND DUE DILIGENCE 390 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY AND DUE DILIGENCE. 391 10.1. Seller’s Property Disclosure. On or before Seller’s Property Disclosure Deadline, Seller agrees to deliver to Buyer 392 the most current version of the applicable Colorado Real Estate Commission’s Seller’s Property Disclosure form completed by Seller 393 to Seller’s actual knowledge and current as of the date of this Contract. 394 10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller must disclose to Buyer 395 any adverse material facts actually known by Seller as of the date of this Contract. Seller agrees that disclosure of adverse material 396 facts will be in writing. In the event Seller discovers an adverse material fact after the date of this Contract, Seller must timely 397 disclose such adverse fact to Buyer. Buyer has the Right to Terminate based on the Seller’s new disclosure on the earlier of Closing 398 or five days after Buyer’s receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer acknowledges that 399 Seller is conveying the Property to Buyer in an “As Is” condition, “Where Is” and “With All Faults.” 400 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections 401 (by one or more third parties, personally or both) of the Property, Leased Items, and Inclusions (Inspection), at Buyer’s expense. If 402 (1) the physical condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the 403 electrical, plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions and Leased 404 Items, (3) service to the Property (including utilities and communication services), systems and components of the Property (e.g., 405 heating and plumbing), (4) any proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or 406 noise (whether on or off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer’s 407 sole subjective discretion, Buyer may: 408 10.3.1. Inspection Termination. On or before the Inspection Termination Deadline, notify Seller in writing, 409 pursuant to § 24.1., that this Contract is terminated due to any unsatisfactory condition, provided the Buyer did not previously deliver 410 an Inspection Objection. Buyer’s Right to Terminate under this provision expires upon delivery of an Inspection Objection to Seller 411 pursuant to § 10.3.2.; or 412 10.3.2. Inspection Objection. On or before the Inspection Objection Deadline, deliver to Seller a written 413 description of any unsatisfactory condition that Buyer requires Seller to correct. 414 10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection 415 Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline, 416 this Contract will terminate on Inspection Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Inspection 417 Objection before such termination (i.e., on or before expiration of Inspection Resolution Deadline). Nothing in this provision 418 prohibits the Buyer and the Seller from mutually terminating this Contract before the Inspection Resolution Deadline passes by 419 executing an Earnest Money Release. 420 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement 421 between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at 422 Buyer’s request (Work) and must pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer 423 must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify, 424 protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such 425 Work, claim, or lien. This indemnity includes Seller’s right to recover all costs and expenses incurred by Seller to defend against 426 any such liability, damage, cost or expense, or to enforce this Section, including Seller’s reasonable attorney fees, legal fees and 427 expenses. The provisions of this Section survive the termination of this Contract. This § 10.4. does not apply to items performed 428 pursuant to an Inspection Resolution. 429 CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 10 of 19 10.5. Insurability. Buyer has the Right to Terminate under § 24.1., on or before Property Insurance Termination 430 Deadline, based on any unsatisfactory provision of the availability, terms and conditions and premium for property insurance 431 (Property Insurance) on the Property, in Buyer’s sole subjective discretion. 432 10.6. Due Diligence. 433 10.6.1. Due Diligence Documents. Seller agrees to deliver copies of the following documents and information 434 pertaining to the Property and Leased Items (Due Diligence Documents) to Buyer on or before Due Diligence Documents Delivery 435 Deadline: 436 10.6.1.1. Occupancy Agreements. All current leases, including any amendments or other occupancy 437 agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing 438 are as follows (Leases): 439 440 441 10.6.1.2. Leased Items Documents. If any lease of personal property (§ 2.5.7., Leased Items) will be 442 transferred to Buyer at Closing, Seller agrees to deliver copies of the leases and information pertaining to the personal property to 443 Buyer on or before Due Diligence Documents Delivery Deadline. Buyer Will Will Not assume the Seller’s obligations 444 under such leases for the Leased Items (§ 2.5.7., Leased Items). 445 446 10.6.1.3. Encumbered Inclusions Documents. If any Inclusions owned by Seller are encumbered 447 pursuant to § 2.5.4. (Encumbered Inclusions) above, Seller agrees to deliver copies of the evidence of debt, security and any other 448 documents creating the encumbrance to Buyer on or before Due Diligence Documents Delivery Deadline. Buyer Will Will 449 Not assume the debt on the Encumbered Inclusions (§ 2.5.4., Encumbered Inclusions). 450 451 10.6.1.4. Other Documents. If the respective box is checked, Seller agrees to additionally deliver copies 452 of the following: 453 10.6.1.4.1. All contracts relating to the operation, maintenance and management of the 454 Property; 455 10.6.1.4.2. Property tax bills for the last years; 456 10.6.1.4.3. As-built construction plans to the Property and the tenant improvements, including 457 architectural, electrical, mechanical and structural systems; engineering reports; and permanent Certificates of Occupancy, to the 458 extent now available; 459 10.6.1.4.4. A list of all Inclusions to be conveyed to Buyer; 460 10.6.1.4.5. Operating statements for the past years; 461 10.6.1.4.6. A rent roll accurate and correct to the date of this Contract; 462 10.6.1.4.7. A schedule of any tenant improvement work Seller is obligated to complete but 463 has not yet completed and capital improvement work either scheduled or in process on the date of this Contract; 464 10.6.1.4.8. All insurance policies pertaining to the Property and copies of any claims which 465 have been made for the past years; 466 10.6.1.4.9. Soils reports, surveys and engineering reports or data pertaining to the Property (if 467 not delivered earlier under § 8.3.); 468 10.6.1.4.10. Any and all existing documentation and reports regarding Phase I and II 469 environmental reports, letters, test results, advisories and similar documents respective to the existence or nonexistence of asbestos, 470 PCB transformers, or other toxic, hazardous or contaminated substances and/or underground storage tanks and/or radon gas. If no 471 reports are in Seller’s possession or known to Seller, Seller warrants that no such reports are in Seller’s possession or known to 472 Seller; 473 10.6.1.4.11. Any Americans with Disabilities Act reports, studies or surveys concerning the 474 compliance of the Property with said Act; 475 10.6.1.4.12. All permits, licenses and other building or use authorizations issued by any 476 governmental authority with jurisdiction over the Property and written notice of any violation of any such permits, licenses or use 477 authorizations, if any; and 478 10.6.1.4.13. Other: 479 480 481 482 483 484 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object based on the Due 485 Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or are unsatisfactory, in Buyer’s sole subjective 486 discretion, Buyer may, on or before Due Diligence Documents Objection Deadline: 487 CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 11 of 19 10.6.2.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; 488 or 489 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any 490 unsatisfactory Due Diligence Documents that Buyer requires Seller to correct. 491 10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by 492 Seller, on or before Due Diligence Documents Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement 493 thereof on or before Due Diligence Documents Resolution Deadline, this Contract will terminate on Due Diligence Documents 494 Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Due Diligence Documents Objection before such 495 termination (i.e., on or before expiration of Due Diligence Documents Resolution Deadline. 496 10.6.3. Zoning. Buyer has the Right to Terminate under § 24.1., on or before Due Diligence Documents Objection 497 Deadline, based on any unsatisfactory zoning and any use restrictions imposed by any governmental agency with jurisdiction over 498 the Property, in Buyer’s sole subjective discretion. 499 10.6.4. Due Diligence – Environmental, ADA. Buyer has the right to obtain environmental inspections of the 500 Property including Phase I and Phase II Environmental Site Assessments, as applicable. Seller Buyer will order or provide 501 Phase I Environmental Site Assessment, Phase II Environmental Site Assessment (compliant with most current version 502 of the applicable ASTM E1527 standard practices for Environmental Site Assessments) and/or , 503 at the expense of Seller Buyer (Environmental Inspection). In addition, Buyer, at Buyer’s expense, may also conduct an 504 evaluation whether the Property complies with the Americans with Disabilities Act (ADA Evaluation). All such inspections and 505 evaluations must be conducted at such times as are mutually agreeable to minimize the interruption of Seller’s and any Seller’s 506 tenants’ business uses of the Property, if any. 507 If Buyer’s Phase I Environmental Site Assessment recommends a Phase II Environmental Site Assessment, the Environmental 508 Inspection Termination Deadline will be extended by 30 days (Extended Environmental Inspection Objection Deadline) and if 509 such Extended Environmental Inspection Objection Deadline extends beyond the Closing Date, the Closing Date will be extended 510 a like period of time. In such event, Seller Buyer must pay the cost for such Phase II Environmental Site Assessment. 511 Notwithstanding Buyer’s right to obtain additional environmental inspections of the Property in this § 10.6.4., Buyer has the 512 Right to Terminate under § 24.1., on or before Environmental Inspection Termination Deadline, or if applicable, the Extended 513 Environmental Inspection Objection Deadline, based on any unsatisfactory results of Environmental Inspection, in Buyer’s sole 514 subjective discretion. 515 Buyer has the Right to Terminate under § 24.1., on or before ADA Evaluation Termination Deadline, based on any 516 unsatisfactory ADA Evaluation, in Buyer’s sole subjective discretion. 517 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property 518 owned by Buyer and commonly known as . Buyer has 519 the Right to Terminate under § 24.1. effective upon Seller’s receipt of Buyer’s Notice to Terminate on or before Conditional Sale 520 Deadline if such property is not sold and closed by such deadline. This Section is for the sole benefit of Buyer. If Seller does not 521 receive Buyer’s Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right to Terminate under this 522 provision. 523 10.8. Source of Potable Water (Residential Land and Residential Improvements Only). [Intentionally Deleted - See 524 Residential Addendum if applicable] 525 10.9. Existing Leases; Modification of Existing Leases; New Leases. Seller states that none of the Leases to be assigned 526 to the Buyer at the time of Closing contain any rent concessions, rent reductions or rent abatements except as disclosed in the Lease 527 or other writing received by Buyer. Seller will not amend, alter, modify, extend or cancel any of the Leases nor will Seller enter into 528 any new leases affecting the Property without the prior written consent of Buyer, which consent will not be unreasonably withheld 529 or delayed. 530 10.10. Lead-Based Paint. [Intentionally Deleted - See Residential Addendum if applicable] 531 10.11. Carbon Monoxide Alarms. [Intentionally Deleted - See Residential Addendum if applicable] 532 10.12. Methamphetamine Disclosure. [Intentionally Deleted - See Residential Addendum if applicable] 533 11. TENANT ESTOPPEL STATEMENTS. Intentionally deleted. 534 535 CLOSING PROVISIONS 536 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 537 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to enable 538 the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If Buyer is 539 obtaining a loan to purchase the Property, Buyer acknowledges Buyer’s lender is required to provide the Closing Company, in a 540 timely manner, all required loan documents and financial information concerning Buyer’s loan. Buyer and Seller will furnish any 541 CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 12 of 19 additional information and documents required by Closing Company that will be necessary to complete this transaction. Buyer and 542 Seller will sign and complete all customary or reasonably required documents at or before Closing. 543 12.2. Closing Instructions. Colorado Real Estate Commission’s Closing Instructions Are Are Not executed with 544 this Contract. 545 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as 546 the Closing Date or by mutual agreement at an earlier date. At Closing, Seller agrees to deliver a set of keys for the Property to 547 Buyer. The hour and place of Closing will be as designated by mutual agreement of the parties. 548 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality and extent of service vary between 549 different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 550 12.5. Assignment of Leases. Seller must assign to Buyer all Leases at Closing that will continue after Closing and Buyer 551 must assume Seller’s obligations under such Leases. Further, Seller must transfer to Buyer all Leased Items and assign to Buyer such 552 leases for the Leased Items accepted by Buyer pursuant to § 2.5.7. (Leased Items). 553 554 13. TRANSFER OF TITLE. Subject to Buyer’s compliance with the terms and provisions of this Contract, including the tender 555 of any payment due at Closing, Seller must execute and deliver the following good and sufficient deed to Buyer, at Closing: 556 special warranty deed general warranty deed bargain and sale deed quit claim deed personal representative’s 557 deed ____________________________ deed. Seller, provided another deed is not selected, must execute and deliver a good 558 and sufficient special warranty deed to Buyer, at Closing. 559 Unless otherwise specified in § 29 (Additional Provisions), if title will be conveyed using a special warranty deed or a general 560 warranty deed, title will be conveyed “subject to statutory exceptions” as defined in §38-30-113(5)(a), C.R.S. 561 14. PAYMENT OF LIENS AND ENCUMBRANCES. Unless agreed to by Buyer in writing, any amounts owed on any liens 562 or encumbrances securing a monetary sum against the Property and Inclusions, including any governmental liens for special 563 improvements installed as of the date of Buyer’s signature hereon, whether assessed or not, and previous years’ taxes, will be paid 564 at or before Closing by Seller from the proceeds of this transaction or from any other source. 565 15. CLOSING COSTS, FEES, ASSOCIATION STATUS LETTER AND DISBURSEMENTS, TAXES AND 566 WITHHOLDING. 567 15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs and all other items required 568 to be paid at Closing, except as otherwise provided herein. 569 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by Buyer Seller 570 One-Half by Buyer and One-Half by Seller Other . 571 15.3. Association Fees and Required Disbursements. At least fourteen days prior to Closing Date, Seller agrees to 572 promptly request that the Closing Company or the Association deliver to Buyer a current Status Letter, if applicable. Any fees 573 associated with or specified in the Status Letter will be paid as follows: 574 15.3.1. Status Letter Fee. Any fee incident to the issuance of Association’s Status Letter must be paid by Buyer 575 Seller One-Half by Buyer and One-Half by Seller N/A. 576 15.3.2. Record Change Fee. Any Record Change Fee must be paid by Buyer Seller One-Half by Buyer 577 and One-Half by Seller N/A. 578 15.3.3. Assessments, Reserves or Working Capital. All assessments required to be paid in advance (other than 579 Association Assessments as defined in § 16.2. (Association Assessments), reserves or working capital due at Closing must be paid 580 by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 581 15.3.4. Other Fees. Any other fee listed in the Status Letter as required to be paid at Closing will be paid by 582 Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 583 15.4. Local Transfer Tax. Any Local Transfer Tax must be paid at Closing by Buyer Seller One-Half by 584 Buyer and One-Half by Seller N/A. 585 15.5. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by 586 Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 587 15.6. Private Transfer Fee. Any private transfer fees and other fees due to a transfer of the Property, payable at Closing, 588 such as community association fees, developer fees and foundation fees, must be paid at Closing by Buyer Seller 589 One-Half by Buyer and One-Half by Seller N/A. 590 15.7. Water Transfer Fees. Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed 591 $____________ for: 592 Water Stock/Certificates Water District 593 Augmentation Membership Small Domestic Water Company 594 and must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 595 15.8. Utility Transfer Fees. Utility transfer fees can change. Any fees to transfer utilities from Seller to Buyer must be 596 paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 597 15.9. FIRPTA and Colorado Withholding. 598 CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 13 of 19 15.9.1. FIRPTA. The Internal Revenue Service (IRS) may require a substantial portion of the Seller’s proceeds be 599 withheld after Closing when Seller is a foreign person. If required withholding does not occur, the Buyer could be held liable for the 600 amount of the Seller’s tax, interest and penalties. If the box in this Section is checked, Seller represents that Seller IS a foreign 601 person for purposes of U.S. income taxation. If the box in this Section is not checked, Seller represents that Seller is not a foreign 602 person for purposes of U.S. income taxation. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably 603 requested documents to verify Seller’s foreign person status. If withholding is required, Seller authorizes Closing Company to 604 withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if withholding applies or 605 if an exemption exists. 606 15.9.2. Colorado Withholding. The Colorado Department of Revenue may require a portion of the Seller’s proceeds 607 be withheld after Closing when Seller will not be a Colorado resident after Closing, if not otherwise exempt. Seller agrees to 608 cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s status. If withholding 609 is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s 610 tax advisor to determine if withholding applies or if an exemption exists. 611 16. PRORATIONS AND ASSOCIATION ASSESSMENTS. 612 16.1. Prorations. The following will be prorated to the Closing Date, except as otherwise provided: 613 16.1.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes 614 for the year of Closing, based on Taxes for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy 615 and Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, qualifying disabled 616 veteran exemption or Other Property is tax exempt. 617 16.1.2. Rents. Rents based on Rents Actually Received Accrued. At Closing, Seller will transfer or credit 618 to Buyer the security deposits for all Leases assigned to Buyer, or any remainder after lawful deductions, and notify all tenants in 619 writing of such transfer and of the transferee’s name and address. 620 16.1.3. Other Prorations. Water and sewer charges, propane, interest on continuing loan and _________________. 621 16.1.4. Final Settlement. Unless otherwise specified in Additional Provisions, these prorations are final. 622 16.2. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in 623 advance will be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred maintenance 624 by the Association will not be credited to Seller except as may be otherwise provided by the Governing Documents. Buyer 625 acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital. Any special 626 assessment assessed prior to Closing Date by the Association will be the obligation of Buyer Seller. Except however, any 627 special assessment by the Association for improvements that have been installed as of the date of Buyer’s signature hereon, whether 628 assessed prior to or after Closing, will be the obligation of Seller unless otherwise specified in Additional Provisions. Seller represents 629 there are no unpaid regular or special assessments against the Property except the current regular assessments and 630 ______________________________. Association Assessments are subject to change as provided in the Governing Documents. 631 17. POSSESSION. Possession of the Property and Inclusions will be delivered to Buyer on Possession Date at Possession Time, 632 subject to the Leases as set forth in § 10.6.1.1. 633 If Seller, after Closing occurs, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally 634 liable to Buyer, notwithstanding § 20.2. (If Seller is in Default), for payment of $ N/A per day (or any part of a day notwithstanding 635 § 3.3., Day) from Possession Date and Possession Time until possession is delivered. 636 GENERAL PROVISIONS 637 18. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND 638 WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both will be delivered in the 639 condition existing as of the date of this Contract, ordinary wear and tear excepted. 640 18.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of loss 641 prior to Closing (Property Damage) in an amount of not more than ten percent of the total Purchase Price and if the repair of the 642 damage will be paid by insurance (other than the deductible to be paid by Seller), then Seller, upon receipt of the insurance proceeds, 643 will use Seller’s reasonable efforts to repair the Property before Closing Date. Buyer has the Right to Terminate under § 24.1., on 644 or before Closing Date, if the Property is not repaired before Closing Date, or if the damage exceeds such sum. Should Buyer elect 645 to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all insurance proceeds that were 646 received by Seller (but not the Association, if any) resulting from damage to the Property and Inclusions, plus the amount of any 647 deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. In the event Seller has not received 648 the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the Property repaired prior to 649 Closing or, at the option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if acceptable to Seller’s 650 insurance company and Buyer’s lender; or (2) the parties may enter into a written agreement prepared by the parties or their attorney 651 CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 14 of 19 requiring the Seller to escrow at Closing from Seller’s sale proceeds the amount Seller has received and will receive due to such 652 damage, not exceeding the total Purchase Price, plus the amount of any deductible that applies to the insurance claim. 653 18.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), 654 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date 655 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion 656 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or 657 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by 658 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before 659 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 24.1., on or before Closing Date, or, at the 660 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must 661 not exceed the Purchase Price. If Buyer receives such a credit, Seller’s right for any claim against the Association, if any, will survive 662 Closing. 663 18.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may 664 result in a taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation 665 action. Buyer has the Right to Terminate under § 24.1., on or before Closing Date, based on such condemnation action, in Buyer’s 666 sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property and 667 Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value 668 of the Property or Inclusions, but such credit will not include relocation benefits or expenses or exceed the Purchase Price. 669 18.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the 670 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. 671 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge that 672 their respective broker has advised that this Contract has important legal consequences and has recommended: (1) legal examination 673 of title; (2) consultation with legal and tax or other counsel before signing this Contract as this Contract may have important legal 674 and tax implications; (3) to consult with their own attorney if Water Rights, Mineral Rights or Leased Items are included or excluded 675 in the sale; and (4) to consult with legal counsel if there are other matters in this transaction for which legal counsel should be 676 engaged and consulted. Such consultations must be done timely as this Contract has strict time limits, including deadlines, that must 677 be complied with. 678 679 20. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract. 680 This means that all dates and deadlines are strict and absolute. If any payment due, including Earnest Money, is not paid, honored 681 or tendered when due, or if any obligation is not performed timely as provided in this Contract or waived, the non-defaulting party 682 has the following remedies: 683 20.1. If Buyer is in Default: 684 20.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest Money (whether or not paid 685 by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money is not a penalty, and the parties agree the 686 amount is fair and reasonable. Seller may recover such additional damages as may be proper. Alternatively, Seller may elect to treat 687 this Contract as being in full force and effect and Seller has the right to specific performance or damages, or both. 688 20.1.2. Liquidated Damages, Applicable. This § 20.1.2. applies unless the box in § 20.1.1. is checked. Seller may 689 cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that 690 the Earnest Money amount specified in § 4.1. is LIQUIDATED DAMAGES and not a penalty, which amount the parties agree is 691 fair and reasonable and (except as provided in §§ 10.4. and 21), such amount is SELLER’S ONLY REMEDY for Buyer’s failure to 692 perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. 693 20.2. If Seller is in Default: 694 20.2.1. Specific Performance, Damages or Both. Buyer may elect to treat this Contract as canceled, in which case 695 all Earnest Money received hereunder will be returned to Buyer and Buyer may recover such damages as may be proper. 696 Alternatively, in addition to the per diem in § 17 (Possession) for failure of Seller to timely deliver possession of the Property after 697 Closing occurs, Buyer may elect to treat this Contract as being in full force and effect and Buyer has the right to specific performance 698 or damages, or both. 699 20.2.2. Seller’s Failure to Perform. In the event Seller fails to perform Seller’s obligations under this Contract, to 700 include, but not limited to, failure to timely disclose Association violations known by Seller, failure to perform any replacements or 701 repairs required under this Contract or failure to timely disclose any known adverse material facts, Seller remains liable for any such 702 failures to perform under this Contract after Closing. Buyer’s rights to pursue the Seller for Seller’s failure to perform under this 703 Contract are reserved and survive Closing. 704 CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 15 of 19 21. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration 705 or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must award to the prevailing party all 706 reasonable costs and expenses, including attorney fees, legal fees and expenses. 707 22. MEDIATION. If a dispute arises relating to this Contract (whether prior to or after Closing) and is not resolved, the parties 708 must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial person who helps 709 to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is 710 binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator 711 and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire 712 dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at that 713 party’s last known address (physical or electronic as provided in § 26). Nothing in this Section prohibits either party from filing a 714 lawsuit and recording a lis pendens affecting the Property, before or after the date of written notice requesting mediation. This 715 Section will not alter any date in this Contract, unless otherwise agreed. 716 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest 717 Money following receipt of written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding 718 the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. Earnest Money Holder, in its sole subjective 719 discretion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and deposit Earnest 720 Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs and reasonable attorney and 721 legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of 722 the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one 723 hundred twenty days of Earnest Money Holder’s notice to the parties, Earnest Money Holder is authorized to return the Earnest 724 Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit and has not interpled the monies at the time 725 of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the 726 obligation of § 22 (Mediation). This Section will survive cancellation or termination of this Contract. 727 24. TERMINATION. 728 24.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the 729 termination is effective upon the other party’s receipt of a written notice to terminate (Notice to Terminate), provided such written 730 notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or 731 before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as satisfactory 732 and waives the Right to Terminate under such provision. 733 24.2. Effect of Termination. In the event this Contract is terminated, and all Earnest Money received hereunder is timely 734 returned to Buyer, the parties are relieved of all obligations hereunder, subject to §§ 10.4. and 21. 735 25. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified 736 addenda, constitute the entire agreement between the parties relating to the subject hereof and any prior agreements pertaining 737 thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the terms 738 of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right or 739 obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the same. 740 Any successor to a party receives the predecessor’s benefits and obligations of this Contract. 741 26. NOTICE, DELIVERY AND CHOICE OF LAW. 742 26.1. Physical Delivery and Notice. Any document or notice to Buyer or Seller must be in writing, except as provided in 743 § 26.2. and is effective when physically received by such party, any individual named in this Contract to receive documents or 744 notices for such party, Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing 745 must be received by the party, not Broker or Brokerage Firm). 746 26.2. Electronic Notice. As an alternative to physical delivery, any notice may be delivered in electronic form to Buyer or 747 Seller, any individual named in this Contract to receive documents or notices for such party, Broker or Brokerage Firm of Broker 748 working with such party (except any notice or delivery after Closing, cancellation or Termination must be received by the party, not 749 Broker or Brokerage Firm) at the electronic address of the recipient by facsimile, email or _________________________________. 750 26.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address 751 of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the 752 documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient. 753 26.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with 754 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property 755 located in Colorado. 756 CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 16 of 19 27. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and 757 Seller, as evidenced by their signatures below and the offering party receives notice of such acceptance pursuant to § 26 on or before 758 Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this document will become a contract between Seller and 759 Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy thereof, such 760 copies taken together are deemed to be a full and complete contract between the parties. 761 28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not limited 762 to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations; Title Insurance, 763 Record Title and Off-Record Title; New ILC, New Survey; and Property Disclosure, Inspection, Indemnity, Insurability and 764 Due Diligence. 765 ADDITIONAL PROVISIONS AND ATTACHMENTS 766 29. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 767 Commission.) 768 29.1 Government Approvals. The Buyer shall have ninety (90) days from MEC (the “Government Approval Period”) to 769 cause the Property to be a separately platted parcel and to obtain all necessary approvals, including without limitation approval 770 and recordation of a final plat or similar document in the real property records of Jefferson County, from the City of Wheat Ridge, 771 Jefferson County, and all other applicable governmental authorities (the “Government Approvals”). If the Buyer does not obtain 772 the Government Approvals, the Buyer may terminate the purchase contract by giving a written notice of termination to the District 773 at any time prior to the expiration of the Government Approval Period, in which case the purchase contract will terminate. If the 774 Buyer does not give a written notice of termination to the District prior to the expiration of the Government Approvals Period, 775 then the purchase contract will continue in full force and effect. 776 29.2 Reverter. Seller’s obligation to Close under this Contract shall be conditioned on the inclusion of a reverter clause 777 in substantially the following form in the special warranty deed conveying the Property: 778 Grantor hereby conveys the above-described Property to Grantee and its successors and assigns for so long as the 779 Grantee or its successors or assigns use the Property and any and all buildings or facilities constructed thereon for Park 780 Purposes, and no longer, and if the Property shall cease to be used for Park Purposes, then title to the Property, 781 including any improvements automatically to the County of Jefferson, State of Colorado, a body politic and corporate, 782 (“Jeffco”), or its successors or assigns, and if the Property shall thereafter cease to be used for Park Purposes then title 783 to the Property, including any improvements automatically to Jefferson County School District R-1 or its successor 784 ("District"). 785 "Park Purposes" shall mean that the Property being conveyed is used for public open space, public outdoor leisure, 786 athletic, or recreational activities and facilities ancillary thereto including, but not limited to, cultural, educational, and 787 civic facilities, band shells, pavilions, outdoor classrooms, and concessions and including open areas, fields, play fields, 788 trails, national areas, historical areas, or wildlife areas. 789 If title to the Property goes to Jeffco pursuant hereto, Jeffco may but need not, record an affidavit executed and 790 acknowledged by the Jeffco Director of Open Space stating that title has reverted to Jeffco because of the discontinuation 791 of the use of the Property for Park Purposes, and acknowledging that Jeffco must continue to use the Property for Park 792 Purposes. If title to the Property thereafter goes to the District pursuant hereto, the District may but need not, record an 793 affidavit executed and acknowledged by the Superintendent of Schools stating that title has reverted to the District 794 because of the discontinuation of the use of the Property for Park Purposes, and confirming that the Property is no longer 795 required to be used for Park Purposes. 796 Subject to the foregoing, nothing herein shall be construed as limiting the Property owner’s right to grant easements or other 797 interests in the Property to a governmental or nonprofit entity or public entity or to enter into agreements that affect the Property 798 so long as such interests or agreements further the Park Purpose. 799 800 29.3 Intergovernmental Agreement. The parties’ obligation to close will be conditioned on the parties entering into a 801 mutually acceptable intergovernmental agreement or comparable document pursuant to which the Buyer will construct a parking 802 lot and associated hardscape on Seller property in accordance with Seller specifications that is of like size and capacity as the 803 current parking lot. Such agreement will further state that the Seller shall own and operate the parking lot but may provide for 804 Buyer use of the parking lot when not in use by the Seller pursuant to mutually acceptable terms and conditions. Such agreement 805 CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 17 of 19 will afford the Seller an option to re-purchase the Property at no cost if the Buyer fails to complete the parking lot and hardscape 806 on or before August 1, 2024. The Seller shall have the right to expand and improve the parking lot at its own cost. 807 808 30. OTHER DOCUMENTS. 809 30.1. Documents Part of Contract. The following documents are a part of this Contract: 810 811 812 813 30.2. Documents Not Part of Contract. The following documents have been provided but are not a part of this Contract: 814 815 816 817 SIGNATURES 818 819 Buyer’s Name: City of Wheat Ridge Buyer’s Name: Buyer’s Signature Date Buyer’s Signature Date Address: Address: Phone No.: Phone No.: Fax No.: Fax No.: Email Address: Email Address: [NOTE: If this offer is being countered or rejected, do not sign this document.] 820 Seller’s Name: Jefferson County School District R-1 Seller’s Name: By: Seller’s Signature Date Seller’s Signature Date Address: 1829 Denver West, # 27 Address: Golden, Colorado 80401 Phone No.: Phone No.: Fax No.: Fax No.: Email Address: Email Address: 821 END OF CONTRACT TO BUY AND SELL REAL ESTATE 822 BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. A. Broker Working With Buyer Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 23, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 18 of 19 mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker is working with Buyer as a Buyer’s Agent Transaction-Broker in this transaction. Customer. Broker has no brokerage relationship with Buyer. See § B for Broker’s brokerage relationship with Seller. Brokerage Firm’s compensation or commission is to be paid by Listing Brokerage Firm Buyer Other . This Broker’s Acknowledgements and Compensation Disclosure is for disclosure purposes only and does NOT create any claim for compensation. Any compensation agreement between the brokerage firms must be entered into separately and apart from this provision. Brokerage Firm’s Name: Brokerage Firm’s License #: Broker’s Name: Broker’s License #: Broker’s Signature Date Address: Phone No.: Fax No.: Email Address: B. Broker Working with Seller Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 23, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker is working with Seller as a Seller’s Agent Transaction-Broker in this transaction. Customer. Broker has no brokerage relationship with Seller. See § A for Broker’s brokerage relationship with Buyer. Brokerage Firm’s compensation or commission is to be paid by Seller Buyer Other . This Broker’s Acknowledgements and Compensation Disclosure is for disclosure purposes only and does NOT create any claim for compensation. Any compensation agreement between the brokerage firms must be entered into separately and apart from this provision. Brokerage Firm’s Name: Brokerage Firm’s License #: Broker’s Name: Broker’s License #: Broker’s Signature Date CBS3-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 19 of 19 Address: Phone No.: Fax No.: Email Address: 823 4867-1884-5868, v. 1 824 0'10'20'40' SCALE: 1" = 20'NORTH THE GREEN AT 38TH FINAL SITE PLAN March 8, 2024 CIVIC GREEN PLAYGROUND REDESIGNED PARKING LOT (77 SPACES) STEVENS ELEMENTARY STAGE/OUTDOOR CLASSROOM COMMUNITY PATCHWORK WALL ENTRY SIGNAGE FESTIVAL PROMENADE:- TABLES AND SEATING - FESTIVAL SPACE (FOOD TRUCKS, TENTS, ETC.) - TREES -LIGHTING COMMUNITY GATHERING SPACE: - TIERED SEATING STRUCTURE - FIRE PITS - PING PONG TABLE - CORNHOLE - LOUNGE SEATING 38TH AVE PLAZA: - TABLES AND CHAIRS SEATING GROVE: - CRUSHER FINES - ARTFUL BENCHES - GAME TABLES STREETSCAPE IMPROVEMENTS ENTRY SIGNAGE SAN-O-LET ENCLOSURE MUSICAL INSTRUMENTS HI G H C T . UP H A M S T . 38TH AVE. ITEM NO: 3 DATE: March 25, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD THE GREEN AT 38TH PROJECT – PHASE 1, STEVENS ELEMENTARY PARKING LOT REPLACEMENT TO ECI SITE CONSTRUCTION MANAGEMENT, INC. OF LOVELAND, COLORADO, AND APPROVE SUBSEQUENT PAYMENT IN THE AMOUNT OF $1,386,590 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________ Director of Parks & Recreation City Manager ISSUE: A project to create an urban park along 38th Avenue between Upham Street and High Court was budgeted several years ago. Staff recommends awarding a contract to ECI Site Construction Management, Inc. of Loveland, Colorado in the amount of $1,386,590. This contract is associated with the first phase of construction, which includes the Stevens Elementary parking lot. PRIOR ACTION: A project overview was provided by staff and the project architect on March 18, 2024. FINANCIAL IMPACT: ECI provided an initial cost estimate of the work and has since refined it based on updated information. A summary of the cost estimate, by category, is shown in the following table: Council Action – The Green at 38th – Phase 1 Project Contract Award March 25, 2024 Page 2 Category of Work Total Cost General Conditions $234,593.75 Erosion Control $57,694.29 Demolition $165,290.56 Earthwork $131,999.14 Storm Sewer $98,137.28 Hardscapes $432,723.30 Striping & Signage $13,194.99 Landscape & Irrigation $138,635.99 Electrical $44,320.70 Sub-Total – Phase 1 $1,316,590.00 Contingency $70,000.00 Total Guaranteed Maximum Price $1,386,590.00 The contingency amount will only be utilized as needed. BACKGROUND: This project will be delivered via a Guaranteed Maximum Price (GMP) contract. GMP contracts are often used in cases where the owner would benefit from contractor input early on in the process. ECI was retained in May 2023 through a Construction Manager/General Contractor (CMGC) contract to assist in project development. They have provided valuable insights to the design process as well as providing input on construction timing and phasing. A critical element of this initial phase is to have the parking lot available for the start of the 2024-2025 school year in mid-August. Therefore, demolition work will begin on or around June 1, 2024 and be completed within approximately 60 days. RECOMMENDATION: Staff recommends that the City Council approve, by motion, a contract with ECI Site Construction Management, Inc, in the amount of $1,386,590 for Phase 1 of the Green at 38th project. RECOMMENDED MOTION: “I move to award The Green at 38th Avenue – Phase 1 Project to ECI Site Construction Management, Inc. and approve subsequent payment in the amount of $1,386,590.” Or, “I move to deny award of The Green at 38th Avenue – Phase 1 Project to ECI Site Construction Management, Inc. for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Parks & Recreation Director Whitney Mugford-Smith, Procurement Manager Council Action – The Green at 38th – Phase 1 Project Contract Award March 25, 2024 Page 3 Patrick Goff, City Manager ATTACHMENTS: 1. Contract with ECI Site Construction Management, Inc. Green at 38th Construction Agreement CITY OF WHEAT RIDGE 24-118-Green at 38th Construction AGREEMENT THIS AGREEMENT, made this day of March, 2024 by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and ECI Site Construction Management, Inc., PO Box 2135, Loveland, CO 80539, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows: 1.The Contractor agrees to furnish all materials, supplies, tools, equipment, labor, and other services necessary tocomplete the construction of the Project titled, The Green at 38th, in accordance with the Contract BidDocuments. 2.The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with theterms therein for the Total Contract amount of one million, three hundred eighty-six, five hundred and ninetydollars ($1,386,590). 3.The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14)calendar days after the date of the Notice to Proceed and to complete the same within 45 working days after thedate of the Notice to Proceed unless the time for completion is extended otherwise by written changes to theContract Bid Documents. 4.The term "CONTRACT BID DOCUMENTS" means and includes the following: A Signature Page K Agreement B Advertisement for Bids L Payment Bond C Information for Bidders M Performance Bond D Contractor Qualification N Notice to Proceed E Bid Form O Final Receipt F Bid Schedule P Project Special Provisions G List of Subcontractors Q General Provisions H Non-Discrimination Assurance R Addenda I Non-Collusion Affidavit Q Drawings/ Exhibits J Bid Bond S Keep Jobs in Colorado 5.The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, such amounts as required by the Contract Documents. 6.Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a)Fiscal year. Fiscal year for the city shall commence on January 1 and end on December 31. (b)Budget contains appropriations. The city council shall annually adopt a budget in a mannerconsistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge.Upon the annual adoption by the city council of each fiscal year's budget, levels of authorizedexpenditures from the funds indicated within the annual budget itself and/or the adopting resolutionshall constitute the appropriation of the amounts specified therein for the purposes specified therein.During the course of each fiscal year, approval by the city council of contracts for goods or services,and/or approval of bids for the provision of specified goods or services, shall likewise constituteappropriations of the amounts specified therein for the purposes specified therein. (c)No contract to exceed appropriation. During each and any fiscal year, no contract entered into by oron behalf of the city shall expend or contract to expend any money, or incur any liability, nor shallany contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms,involves the expenditure of money for any of the purposes for which provision is made either in theadopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contractor bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the city and no city monies from any source whatsoever shall be paid thereon. (d)Amendments and authorized expenditures. Nothing contained herein shall preclude the city councilfrom adopting a supplemental appropriation in a manner consistent with the provisions of Section10.12 of the Home Rule Charter of the city. Further, nothing contained in this section shall preventthe making of contracts for governmental services or for capital outlay for a period exceeding one (1) ATTACHMENT 1 Green at 38th Construction Agreement year if such contracts are otherwise allowed by the Home Rule Charter of the city; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e)Notice to parties contracting with the city. All persons contracting with, or selling goods or servicesto, the city are hereby placed upon notice of the provisions of this section. The provisions of thissection shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; andshall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the city wherein city funds are used to pay for said contract. 7.Section 2-4 of the City Code of Laws is presented below: (a)The city may, by contract, require the contractor awarded a public works contract to waive, releaseor extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the cityor its agents, if the contract provides that an extension of time for completion of the work is thecontractor's remedy for such delay. Such a clause is valid and enforceable, any provision of statelaw to the contrary notwithstanding. (b)The city council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be amatter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. 8.Any notice or communication given pursuant to this Agreement to the City shall be made in writing: Contact Information City Contractor Name: Ian Mestdagh, PE Office Phone: 970-669-6291 Email Address: ian.mestdagh@ecisite.net Address: PO Box 2135 City, State, Zip Code Wheat Ridge, CO 80033 Loveland, CO 80539 9.The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended,including specifically the provisions governed by the Equal Opportunity Commission and also to abide by therequirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of theAMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VIRegulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall onthe grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or bediscriminated against in consideration of award of this project. 10.In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of WheatRidge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of theOriginal Contract Amount. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of WheatRidge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. 11.Vendor Performance FeedbackThe City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’sperformance and issue a determination as to whether the City should award the vendor future City contracts. Allcontracts will need to be considered as part of the requirement. The following criteria will be evaluated annuallyfor renewable contracts and at contract closeout for one-time agreements:a.Work completed on timeb.Work completed within budgetc.Work completed as per the Scope of Workd. Future awards recommendation 12.This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators,successors, and assigns. Karen O'Donnell 303-231-1308 kodonnell@ci.wheatridge.co.us 4005 Kipling St. Green at 38th Construction Agreement 12.Each party has reviewed the items contained within this contract and recommend executing this contract toproceed with the agreed upon Statement of Work. ______________________________________ __________ Whitney Mugford-Smith, Procurement Manager Date Signed ______________________________________ __________ Maria D’Andrea, Director of Public Works Date Signed ______________________________________ __________ Patrick Goff, City Manager Date Signed Green at 38th Construction Agreement IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE STEVE KIRKPATRICK, CITY CLERK WHEAT RIDGE, C0 80033 303-234-5900 DATE BUD STARKER, MAYOR APPROVED AS TO FORM: CONTRACTOR ECI Site Construction Management, Inc. GERALD DAHL, CITY ATTORNEY PO Box 2135 Loveland, CO 80539 AUTHORIZED SIGNATURE ATTEST TO CONTRACTOR: PRINT NAME NAME TITLE TITLE DATE DATE Green at 38th Construction Agreement PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that ECI Site Construction Management, Inc. (Name of Contractor) PO Box 2135, Loveland, CO 80539 (Address of Contractor) A Limited Liability Company hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of One million, three hundred eighty-six thousand, five hundred and ninety dollars, ($1,386,590) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2024, a copy of which is hereto attached and made a part hereof for the Project titled, The Green at 38th , in accordance with the Contract Bid Documents including: Base Bid – Stevens Elementary School Parking Lot Replacement NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said WORK, and for all labor performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. *Insert "a corporation", "a partnership", or "an individual" as applicable. Green at 38th Construction Agreement IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2024 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS SURETY ATTEST: SIGNATURE SURETY NAME BY (ATTORNEY IN FACT) TITLE ADDRESS Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. Green at 38th Construction Agreement PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that ECI Site Construction Management, Inc (Name of Contractor) 98 Wadsworth Blvd #127-244, Lakewood, CO 80226 (Address of Contractor) A Limited Liability Company hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of One million, three hundred eighty-six thousand, five hundred ninety dollars, ($1,386,590) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2024, a copy of which is hereto attached and made a part hereof for the Project titled, The Green at 38th, in accordance with the Contract Bid Documents including: Base Bid – Stevens Elementary School Parking Lot Replacement NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *Insert "a corporation", "a partnership", or "an individual" as applicable. Green at 38th Construction Agreement IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2024 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS SURETY ATTEST: SIGNATURE SURETY NAME BY (ATTORNEY IN FACT) TITLE ADDRESS Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. 2526 S.E. 14th Street | PO Box 2135 | Loveland, Colorado 80539 p: 970.669.6291 | f: 970.669.6411 | w: ecisite.net Green at 38th Phase I Stevens Elementary Parking Lot Replacement – Wheat Ridge, CO Clarifications and Assumptions 1. Pricing per Stevens Parking 100% Construction Set by Architerra Group dated 2/23/2024. 2. Pricing per Stevens Parking Lot – 100% Specs by Architerra Group dated 2/29/2024. 3. Pricing per Geotechnical Evaluation, Green at 38 th Wheat Ridge, Colorado by Ground Engineering dated 10/6/2022. 4. Pricing assumes permit fees will be paid by the City of Wheat Ridge. 5. Pricing assumes the project is tax exempt. 6. Pricing assumes there are no wage requirements (Prevailing and Davis Bacon Wages). 7. One-year warranty included in pricing. 8. Pricing assumes 3 Month duration with Phase II immediately starting at the completion of this phase. 9. Night and weekend work, excluded. 10. Traffic control is assumed to be 1 week while pedestrian control is assumed to be for the duration of the project. 11. Remediation for unforeseen hazardous materials, excluded. 12. Pricing at tree-protections zones is assumed to be hand work with specialty equipment not to impact critical root areas of existing trees to remain. 13. Pricing assumes existing asphalt to be removed is 5.5” depth per the Geotechnical Report. 14. Pricing assumes saw-cutting will be a maximum of 6” depth. 15. Salvage and removal of existing columns and foundations (4 EA) was priced as an allowance. 16. Pricing assumes existing columns and foundations (4 EA) can be salvaged & removed in 4 separate pieces with no saw-cutting for existing rebar in 3’ depth foundations. Columns will be delivered to 6800 Joyce St. Arvada, CO 80007. 17. Pricing assumes tree & stump removal will include root ball and will be disposed of off-site. 18. Some of the trees that are to be removed are located over existing fiber-optic, telecom and underground electrical lines. Pricing assumes trees can be removed without impacting or modifications to the existing fiber-optic, telecom, and underground electrical lines. 19. Pricing excludes any unforeseen conditions found underground and not shown on sheet L-5, Existing Conditions and Demolition Plan drawing. 20. Existing utility demo assumes 24” RCP and inlets to be removed at a depth of 6’ and to be removed/disposed of off-site. 21. Dewatering excluded in pricing. 22. Bedrock excavation excluded in pricing. 23. Frost removal or protection excluded in pricing. 24. Soil stabilization excluded in pricing. 25. Pricing assumes all on-site soil is suitable for re-use on-site. 26. Pricing assumes all top-soil, subgrade spoils, utility spoils and excavation of soil will remain on- site for future use in phase II. 27. Clear & grub pricing assumes disking existing and mixing with topsoil and remain on-site. 2526 S.E. 14th Street | PO Box 2135 | Loveland, Colorado 80539 p: 970.669.6291 | f: 970.669.6411 | w: ecisite.net 28. Pricing at 18” RCP includes flow fill per City of Wheat Ridge detail, U-B02 PIPE.R, Rigid Pipe Trench Backfill, sent by Mark Taylor with Architerra Group on 2/15/2024. 29. Asphalt priced to be (Grade “S”) (75) (PG 58-28) (20) and (Grade “SX”) (75) (PG 58-28) (20) – Mixes contain 20% RAP. 30. Asphalt patching priced at 6” depth. 31. Irrigation pricing assumes all existing irrigation is functional. 32. Landscape maintenance is assumed to be 1-year. 33. Maintenance pricing does not include start-up or blow-out of irrigation system. ECI assumes full start-up or blow-out of irrigation system “By Owner”. 34. Irrigation demo assumes cut, cap on the East and West end, remove all the valves and heads and abandon all irrigation pipe in place. 35. Pricing assumes new light poles to be 16.5’ tall, square poles. 36. Relocating fiber-optic and telecom line are assumed to be “By Owner”. Project:DATE: 3/5/2024 Item #ITEM DESCRIPTION UOM QTY UNIT COST TOTAL COST General Conditions 1 General Conditions/Supervision MO 3 $36,675.00 110,025.00$ 2 Mobilization LS 1 $23,086.25 23,086.25$ 3 Subcontractor Mobilization/Bond LS 1 $42,145.00 42,145.00$ 4 Potholing LS 1 $3,967.50 3,967.50$ 5 Survey LS 1 $19,455.00 19,455.00$ 6 Testing LS 1 $16,415.00 16,415.00$ 7 Traffic and Pedestrian Control LS 1 $19,500.00 19,500.00$ 234,593.75$ Erosion Control 8 Construction Fence LF 1,710 $6.33 10,824.30$ 9 TPZ Fencing LF 905 $4.83 4,371.15$ 10 Stabilized Staging Area @ 3" Depth EA 1 $4,432.56 4,432.56$ 11 Concrete Wash Out EA 1 $6,099.60 6,099.60$ 12 VTC - (800 SF @ 9" Depth)EA 1 $4,919.70 4,919.70$ 13 Inlet Protection EA 15 $287.50 4,312.50$ 14 Sediment Control Log LF 402 $3.74 1,503.48$ 15 Seeding and Mulching SF 71,874 $0.08 5,749.92$ 16 Erosion Control Management and Permits MO 3 $5,160.36 15,481.08$ 57,694.29$ Demolition 17 Saw-Cuts (6" Depth Max.)LF 1,270 $6.04 7,670.80$ 18 Extra Saw-Cut 10" from Flowline @ Monolithic Curb LF 775 $6.04 4,681.00$ 19 Remove Asphalt (5.5" Depth = 680 CY)SF 40,001 $1.37 54,801.37$ 20 Remove 2' Width Asphalt Adj. to Curb SF 1,164 $2.28 2,653.92$ 21 Remove Concrete (Assumes 6" Depth = 406 CY)SF 22,182 $1.67 37,043.94$ 22 Remove ADA Curb Ramps (3 EA) = 10 CY SF 494 $2.58 1,274.52$ 23 Remove Curb and Gutter (6" Depth = 92 CY)LF 1,112 $8.28 9,207.36$ 24 Remove Cross Pan (Assume 6" Depth = 3 CY)SF 152 $4.05 615.60$ 25 Remove Trees and Stumps (1 EA Grind Stump & 20 EA EA 21 $615.25 12,920.25$ 26 Remove Handicap Signs EA 4 $57.50 230.00$ 27 Remove & Salvage Items 28 R & S - Columns and Foundations - (Return to JEFFCO) - ALLOWANCE AL 1 $15,000.00 15,000.00$ 29 R & S - Site Furnishings & Signage LS 1 $2,336.25 2,336.25$ 30 Storm Utility Demo Items 31 Remove Inlets EA 8 $437.00 3,496.00$ 32 Remove Man Holes EA 5 $833.75 4,168.75$ 33 Remove Storm Line (Assumes 18" RCP)LF 370 $24.84 9,190.80$ 165,290.56$ Earthwork 34 Clear and Grub AC 1.40 5,698.91$ 7,978.47$ 35 Clear and Grub by Hand (Tree Protection Zone)SF 4,860 1.73$ 8,407.80$ 36 Unclassified Excavation LS 1 3,148.02$ 3,148.02$ 37 Import and Place Fill LS 1 80,730.00$ 80,730.00$ 38 Top Soil Strip and Spread CY 310 9.89$ 3,065.90$ 39 Subgrade Prep and Backfill LS 1 28,668.95$ 28,668.95$ 131,999.14$ Storm 40 Adjust Storm Rim @ Ex. Manhole EA 1 3,168.25$ 3,168.25$ 41 Tie Into Existing Manhole EA 1 6,325.00$ 6,325.00$ 42 Inlets EA 3 7,342.75$ 22,028.25$ 43 18" RCP (Class III) Including Flowfill Backfill LF 222 297.74$ 66,098.28$ 44 18" RCP Plug (Temp Plug w/ Plywood & T-Post at Gro EA 1 517.50$ 517.50$ 98,137.28$ Green at 38th Stevens Elementary Parking Lot Replacement PHASE 1 GMP Subtotal Erosion Control: Subtotal Demolition: Subtotal Earthwork: Subtotal Storm: Subtotal General Conditions: LOVELAND, CO 80539 PH: 970.669.6291 FAX: 970.669.6411 www.ecisite.net Hardscapes 45 Asphalt Paving 4" (1" Top Lift, Tack Coat, 3" Bottom Lift)SY 2,336 29.15$ 68,094.40$ 46 ABC - 8" Depth - Class 6 under Asphalt TON 830 70.34$ 58,382.20$ 47 Asphalt Patchback SY 40 157.60$ 6,304.00$ 48 Concrete Driveway Entrance Type 1 (CDOT M-609-1) SF 748 10.95$ 8,190.60$ 49 Concrete Driveway Pavement - 7" Concrete (Uncolored - Grey)SF 9,702 9.70$ 94,109.40$ 50 Concrete Driveway Pavement - 7" Concrete (San Deigo Buff Color)SF 411 11.60$ 4,767.60$ 51 ABC - 6" Depth - Class 6 under Concrete Drive TON 320 70.62$ 22,598.40$ 52 6" Concrete Pavement (Uncolored - Grey) - NO ABC SF 6,137 9.13$ 56,030.81$ 53 Vertical Concrete Curb and Gutter LF 1,718 50.86$ 87,377.48$ 54 CDOT Mountable Curb & Gutter Type 2 (IIM - 2' Gutter)LF 78 50.84$ 3,965.52$ 55 Transition from Mountable Curb to Vertical Curb over 3 LF EA 4 431.17$ 1,724.68$ 56 Type 1 Perpendicular Curb Ramp w/ Truncated Domes EA 2 2,443.67$ 4,887.34$ 57 Type 2 Parallel Curb Ramp EA 3 1,983.67$ 5,951.01$ 58 Truncated Domes EA 2 920.00$ 1,840.00$ 59 Joint at New to Existing Concrete LF 54 12.59$ 679.86$ 60 Light Pole Bases EA 4 1,955.00$ 7,820.00$ 432,723.30$ Striping and Signage 61 Parking Lot Striping (Arrows, Crosswalk, Lane, Parking & ADA Spaces)LS 1 1,919.24$ 1,919.24$ 62 New Parking Lot & Site Signage (ADA, Van, No Parking)EA 12 356.50$ 4,278.00$ 63 Re-install Salvaged Signs (2-HR Parking, Bus Loading, Dog Waste)EA 8 115.00$ 920.00$ 64 Parking Blocks EA 3 109.25$ 327.75$ 65 6" Steel Bollard w/ 1/2" Radius Eyelet & Base (Primer & Epoxy Paint)EA 5 1,150.00$ 5,750.00$ 13,194.99$ Landscape and Irrigation 66 Soil Prep - (4 CY/1,000 SF)CY 33 166.75$ 5,502.75$ 67 Planting Area -12" Depth & Spread Soil Amendment 6" Depth SF 1,789 4.60$ 8,229.40$ 68 Sod Area (GVT 200 Elite Turf)SF 6,336 1.73$ 10,961.28$ 69 Dryland Seed/Temp Seed for Phase 2 Area SF 64,238 0.75$ 48,178.50$ 70 Wood Mulch @ 3" Depth SF 1,789 2.59$ 4,633.51$ 71 Trees - 2.5" Cal.EA 13 1,035.00$ 13,455.00$ 72 Shrubs - 3 Gal.EA 48 55.20$ 2,649.60$ 73 Shrubs - 5 Gal.EA 56 60.95$ 3,413.20$ 73 1 Year Maintenance LS 1 11,960.00$ 11,960.00$ 74 Irrigation Demo, Cut & Cap Irrigation Pipes LS 1 7,572.75$ 7,572.75$ 75 Irrigation System Modification LS 1 22,080.00$ 22,080.00$ 138,635.99$ Electrical 76 Electrical Demo LS 1 10,890.50$ 10,890.50$ 77 Extend Branch Circuit to Parking Lot (2#10+#10G) 1"C LF 400 13.69$ 5,476.00$ 78 Electrical Service LS 1 632.50$ 632.50$ 79 Type BB3 - Post Top Mount Pedestrian Luminaire @ Ex. 12' Height Pole EA 2 1,236.25$ 2,472.50$ 80 17.5' Height Pole EA 4 3,507.50$ 14,030.00$ 78 Type AA2 Pole Mounted Fixture EA 4 1,352.40$ 5,409.60$ 79 Type AA4 Pole Mounted Fixture EA 4 1,352.40$ 5,409.60$ 80 Fiber-Optic Splicing, Relocation and New LS 0 BY OWNER BY OWNER 81 Telecom Line (Zayo) - Relocate LS 0 BY OWNER BY OWNER 44,320.70$ 1,316,590.00$ Contingency 82 Construction Contingency LS 1 70,000.00$ 70,000.00$ 70,000.00$ TOTAL COST OF CONSTRUCTION:1,386,590.00$ Subtotal Contingency: SUBTOTAL PHASE 1 Subtotal Hardscape: Subtotal Striping and Signage: Subtotal Landscape and Irrigation: Subtotal Electrical: 7 ITEM NO: 4 DATE: March 25, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT AND APPROVE SUBSEQUENT PAYMENTS TO BERRY, DUNN, MCNEIL & PARKER, LLC, IN THE AMOUNT NOT TO EXCEED $249,999 FOR PROFESSIONAL SERVICES FOR THE PARKS AND RECREATION MASTER PLAN UPDATE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: The City has determined that it is time to update the parks and recreation master plan. This decision is supported by the CAPRA (Commission for Accreditation of Park and Recreation Agencies) recommendation of updating the document every 10 years. 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 $249,999. On March 14, 2024, the firm Berry Dunn was selected by the City’s established procurement process to perform the required professional services for completion of the parks and recreation master plan update. PRIOR ACTION: In a study session on July 24, 2023, the City Council was updated on the upcoming comprehensive plan update. During that time, other forthcoming city plans were discussed, including the parks and recreation master plan. While the discussion was primarily related to the comprehensive plan, there were no objections to the city moving forward with the other plans that were presented. Additionally, the parks and recreation master plan was discussed during the 2024 budget process, as the project was highlighted during the Open Space Fund (Fund 32) discussion. Council Action Form – Parks & Recreation Master Plan Contract March 25, 2024 Page 2 FINANCIAL IMPACT: Professional service fees in the amount of $250,000 were previously approved by the City Council as part of the 2024 budget in the Open Space Budget (32-601-800-875) for the parks and recreation master plan update. This budget is expected to extend through the 12–18-month planning process. BACKGROUND: The current parks and recreation master plan is based on a comprehensive planning process that took place from September 2014 through March 2015 and involved extensive staff and community input as well as research and analysis of the existing parks and recreation system in Wheat Ridge. It includes key findings and information gathered from the demographic and trend analysis; a public input process; a statistically valid resident survey; and inventory and analysis of existing Wheat Ridge’s parks, open space, and facilities. The project also incorporated a review of the Parks and Recreation Department’s programs and general financial resources. Based on this analysis, recommended goals and strategies were crafted to address the key issues identified in the needs assessment and findings phase of the project. The Department’s accrediting body, CAPRA (Commission for Accreditation of Park and Recreation Agencies), advises agencies to update their master plan every 10 years. This is essential due to changing priorities, community needs, trends, demographics, etc. Anticipated schedule: • Project Kick-off: April 2024 • Establish Goals, Vision, and Objectives: May/June 2024 • Evaluation of Current Levels of Service: July-October 2024 • Benchmarking and Comparison of Resources: July-October 2024 • Public Input: July-October 2024 • City-wide Parks & Recreation Interest Survey: October-December 2024 • Implementation and Action Plan: January-February 2025 • Draft and Final Master Plan: February-March 2025 RECOMMENDATIONS: Staff recommend awarding the professional services contract to Berry, Dunn, McNeil, and Parker, LLC, in the amount not to exceed $249,999, to carry out the scope of work for the Parks & Recreation Master Plan update. RECOMMENDED MOTION: “I move to award a contract and approve subsequent payment to Berry, Dunn, McNeil, and Parker, LLC, in the amount not to exceed $249,999 for professional services for the Parks and Recreation Master Plan update.” Or, Council Action Form – Parks & Recreation Master Plan Contract March 25, 2024 Page 3 “I move to deny the award of a contract and approval of subsequent payments to Berry, Dunn, McNeil, and Parker, LLC, in the amount not to exceed $249,999 for professional services for the Parks and Recreation Master Plan update for the following reason(s) _________________________________.” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Parks & Recreation Director Whitney Mugford-Smith, Procurement Manager Patrick Goff, City Manager ATTACHMENTS: 1. Parks & Recreation Master Plan Contract #24-105 2. Berry Dunn Proposal Parks & Recreation Master Plan Contract #24-105 THIS AGREEMENT made this day of March, 2024, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and Berry, Dunn, McNeil & Parker, LLC, 2211 Congress St., Portland, ME 04102 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-24-105-Parks & Recreation Master Plan (Exhibit A), the Vendor’s response to the RFP (Exhibit B) incorporated herein by reference. At a minimum, the Contractor agrees to provide the following deliverables: • Public Engagement Marketing Plan and Materials • Gap Analysis Report • Documented process for strategic plan development • Final Parks & Recreation Master Plan including Presentation 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. Project completion is expected within eighteen (18) months of the actual start date. This agreement will extend the length of the project. 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 two hundred forty-nine thousand, nine hundred ninety-nine dollars, ($249,999) annually as full payment for such services. Pricing will remain firm for renewal 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) 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 ATTACHMENT 1 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 – Reserved. 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: Karen O’Donnell J.R. Clanton Office Phone: 303-231-1308 207-541-2200 Email Address: kodonnell@ci.wheatridge.co.us James.clanton@berrydunn.com Address: 4005 Kipling St. 2211 Congress St. City, State, Zip Code Wheat Ridge, CO 80033 Portland, ME 04102 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 – PERSONALLY IDENTIFIABLE INFORMATION (PII) Contractors, consultants, business partners and vendors that handle, process or work in areas where personally identifiable information may reside in hard copy or electronic records must maintain the confidentiality of all Personally Identifiable Information (PII). Violation may result in contractual penalties and termination of the business relationship with the City. In extreme cases criminal punishment under Colorado Law (C.R.S. § 24-73- 101) may occur. ARTICLE 20 - 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 21 - ACCESSIBILITY Contractor(s) and solutions complies with all applicable provisions of §§24-85-101, et seq., C.R.S., [1] and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103(2.5). Contractor also complies with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1, as described in State of Colorado Technical Standard TS-OEA-002, Technology Accessibility for Web Content and Applications when developing solutions for the state. The Contractor agrees to indemnify, save, and hold harmless the state, its employees, agents and assignees (collectively, the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to the Contractor’s failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103(2.5). Any additional costs to add accessibility features will be the obligation of the Contractor, and any addition or change to the Price Proposal will be disallowed. ARTICLE 22 - 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. ARTICLE 23 - 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 ARTICLE 24 – 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 ______________________________________ __________ Karen O’Donnell, Parks & Recreation Director Date Signed ______________________________________ __________ Patrick Goff, City Manager Date Signed ARTICLE 25 – 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 CONTRACTOR APPROVED AS TO FORM: Berry, Dunn, McNeil, & Parker, LLC 2211 Congress St. Portland, ME 04102 GERALD DAHL, CITY ATTORNEY AUTHORIZED SIGNATURE ATTEST TO CONTRACTOR: PRINTED NAME NAME TITLE TITLE DATE DATE PROPOSAL TO TO PROVIDE Submitted: February 8, 2024 at 2:00 p.m. Chad Snow | Principal csnow@berrydunn.com Teresa Jackson | Engagement Manager teresa.jackson@berrydunn.com James “J.R.” Clanton | Project Manager james.clanton@berrydunn.com BerryDunn 4722 N. 24th St., Suite 250 Phoenix, AZ 85016 480-482-3002 Parks and Recreation Master Plan Update RFP 24-105 City of Wheat Ridge, Colorado ATTACHMENT 2 TABLE OF CONTENTS REQUIRED FORMS ................................III 1. LETTER OF SUBMISSION ..........................1 2. QUALIFICATIONS .................................3 3. APPROACH .....................................8 4. PROJECT TEAM .................................24 5. TIMELINE .....................................29 6. INSURANCE ...................................31 7. REFERENCE PROJECTS ..........................34 8. FEE PROPOSAL ................................40 APPENDIX A: RESUMES ...........................42 ii RFP-24-105-Parks & Recreation Master Plan PROPOSER INFORMATION AND ADDENDUM ACKNOWLEDGMENT FEIN / SSN (Required) DUNS Federal ID number COMPANY NAME ADDRESS CITY STATE ZIPCODE PHONE CELL AUTHORIZED SIGNATURE REQUIRED—MUST BE IN INK or Digital PRINTED NAME TITLE EMAIL PROPOSER IS RESPONSIBLE FOR FOLLOWING UP ON ALL ADDENDA ACKNOWLEDGE ADDENDA: Proposer is responsible for confirming receipt of each addendum; please initial as applicable. #1 #2 #3 #4 DO NOT CONTACT THE REQUESTING DEPARTMENT OR MEMBERS OF THE EVALUATION COMMITTEE Signature acknowledges that proposer: 1)Has read the 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 this form with your bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. Berry,Dunn,McNeil &Parker,LLC 2211 Congress Street Portland Maine 04102 (207)541-2200 - Charles Snow Principal csnow@berrydunn.com CS 01-0523282 07-1735229 Title VI of the Civil Rights Act of 1964 prohibits discrimination of the basis of race, color or national origin by any entity receiving Federal financial assistance. The City of Wheat Ridge is a recipient of Federal financial assistance and as such, it—as well as all of its responsible agents, contractors and consultants—is required by the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 (the Regulations) to assure nondiscrimination. The City of Wheat Ridge assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, or national origin under any program or activity conducted by the City. All bidders are hereby notified that the City of Wheat Ridge will affirmatively ensure that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. This applies to all solicitations for bids for work or material subject to the Regulations, and for all proposals for negotiated agreements. The bidder, whose name and signature appear below, certifies and agrees as follows: 1.The bidder shall comply with the provisions of Title VI of the Civil Rights Act of 1964. 2.The bidder assures the City of Wheat Ridge that disadvantaged business enterprises are afforded fullopportunity to submit bids as sub-contractors or sub-consultants and will not be discriminated against onthe grounds of race, color or national origin in consideration for award. 3.The bidder shall comply with all reasonable requests made in the course of an investigation of Title VI, theRegulations and this assurance by the Colorado Department of Transportation, the US Department of Transportation or the City of Wheat Ridge, as a sub-recipient of Federal financial assistance. 4.The bidder agrees that the United States has a right to seek judicial enforcement with regard to any matterarising under Title VI, the Regulations and this assurance. FIRM: (Print full legal name of company) AUTHORIZED SIGNATURE: Printed Name and Title: Date Certified and Agreed: Attestation: (A corporate attestation is required) Place corporate seal below: BY: Corporate Secretary or Equivalent Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. CITY OF WHEAT RIDGE, CO NON-DISCRIMINATION ASSURANCE FORM TITLE VI REGULATIONS AT 49 CFR PART 21 Berry,Dunn,McNeil &Parker,LLC Charles Snow,Principal February 8,2024 COMPANY SUBMITTING BID ________________________________________________ STATE OF: COUNTY OF: __________________________________________________________ of lawful age, being duly sworn, on oath says that (s)he is the agent authorized by the Bidder to submit the attached bid. Affidavit further states that the Bidder has not been a party of any collusion among Bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or any Federal, State or Municipal official or employees as to quantity, quality, or price in the prospective Contract, or any other items of said prospective Contract; or in any discussions between bidders and any Federal, State or Municipal official concerning exchange of money or other thing of value for special consideration in the letting of a Contract. NAME TITLE Subscribed and sworn to before me this day of , 20__ NOTARY PUBLIC SIGNATURE My Commission Expires: Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. CITY OF WHEAT RIDGE, CO NON-COLLUSION AFFIDAVIT RFP-24-105-PARKS & RECREATION MASTER PLAN Berry,Dunn,McNeil &Parker,LLC Maine Cumberland Charles Snow Charles Snow Principal 8th February 24 The following information is considered the minimum required to evaluate the qualifications of vendors intending to provide services for the City of Wheat Ridge. Any additional information the vendor feels is pertinent, or which clarifies items below, is welcome and may be attached. The City will contact previous clients and references as a part of the evaluation process; thus, letters of reference may shorten the evaluation period, if they are attached to this form. 1.Name of firm: Address: State: Zip: Phone: Principal in Charge: Email: Type of business organization: Sole Proprietorship Corporation Partnership Limited Partnership State in which incorporated: Joint Venture Name, position, and address of contact person regarding the information on this form: Number of years your firm has done business under current name: Previous firm names and / or partnerships (or firms you have had any interest in), and number of years of each name: 2.Attach a list of all major accounts for the past two (2) years. For each account indicate the following: •Original contract bid amount •Owner (address, telephone number, and contact name) •Account services provided CITY OF WHEAT RIDGE, CO VENDOR QUALIFICATION FORM RFP-24-105-PARKS & RECREATION MASTER PLAN Berry,Dunn,McNeil &Parker,LLC 2211 Congress Street Portland Maine 04102 Charles Snow csnow@berrydunn.com X Maine Charles Snow,Principal 2211 Congress Street Portland,Maine 04102 25 •Berry,Dunn &McNeil Chartered –from 1974 to 1982•Berry,Dunn,McNeil &Parker Chartered –from 1982 to 1999 City of Avondale, AZ Parks and Recreation Master Plan Dates: 09/2023 - Present Original Cost: $299,705 Bryan Hughes, Director 11465 W. Civic Center Dr., Suite 100 Avondale, AZ 85323 bhughes@avondaleaz.gov (623) 333-2400 City of Mesa, AZ Parks and Recreation Master Plan and Climate Action Plan Dates: 05/2021 - 10/2022 Original Cost: $299,999 End Cost: $349,949 (client added scope for Climate Action Plan) Andrea Moore, Director 708 W. Baseline Rd. Building 4 Mesa, AZ 85210 andrea.moore@mesaaz.gov (480) 644-7529 Town of Gilbert, AZ Parks and Recreation Master Plan Dates: 09/2022 - 11/2023 Original Cost: $295,865 Robert Carmona 90 E. Civic Center Dr. Gilbert, AZ 85296 robert.carmona@gilbertaz.gov (480) 503-6200 City of Novato, CA Parks Master Plan Dates: 12/2022 - Present Original Cost: $246,146 Katie Gauntlett, Director 922 Manchin Ave. Novato, CA 94945 (415) 899-8900 kgauntlett@novato.org City of Palmdale, CA Parks and Recreation Master Plan Dates: 10/2022 - Present Original Cost: $240,000 Keri Smith 827 E. Avenue Q-9 Palmdale, CA 93550 (661) 267-5611 ksmith@cityofpalmdale.org Jurupa Area Recreation and Park District, CA Parks and Recreation Master Plan Dates: 04/2023 - Present Original Cost: $264,104 Colby Diuguid 8621 Jurupa Rd. Jurupa Valley, CA 92509 (951) 361-2090 colby@jarpd.org Adams County, CO Riverdale Regional Park Operations Plan Dates: 11/2022 - Present Original Cost: $194,570 Byron Fanning 9755 Henderson Rd. Brighton, CO 80601 (303) 637-8006 bfanning@adcogov.org City of Commerce City, CO Parks, Recreation, and Golf Master Plan Dates: 04/2023- Present Original Cost: $169,917 Traci Ferguson, Parks Planner 7887 E. 60th Ave. Commerce City, CO 80022 (303) 289-7877 tferguson@c3gov.com City of Greeley, CO Culture, Parks, and Recreation Comprehensive Master Plan Update Dates: 04/2023 - Present (project start delayed by the City) Original Cost: $350,000 Diana Frick, Deputy Director 651 10th Ave. Greeley, CO 80631 (970) 350-9400 diana.frick@greeleygov.com Hyland Hills Park and Recreation District, CO Strategic Plan Dates: 04/2023 - Present Original Cost: $116,000 Skyler Beck, Deputy Director 8801 Pecos St. Federal Heights, CO 80260 (303) 428-7488 sbeck@hylandhills.org Our client list for the past two years is as follows. All projects were proposed as a firm, fixed fee. We only change our fee if scope is added by the client. Note: We have not been involved in litigation related to the services we offer. Palm Coast and Flagler County, FL Parks and Recreation Master Plan Dates: 11/2022 - Present Original Cost: $189,920 Brittany McDermott, Deputy Director of Parks, City of Palm Coast 160 Lake Ave. Palm Coast, FL 32164 (386) 986-2360 BMCDermott@palmcoastgov.com Martin County, FL Parks and Recreation Master Plan Dates: 07/2023 - Present Original Cost: $256,245 Kevin Kerwin, Deputy Director 2401 SE Montgomery Rd., Stuart, FL 34996 (772) 288-5400 kkirwin@martin.fl.us Ada County, ID Parks and Waterways Master Plan Update Dates: 12/2022 - Present Original Cost: $147,428 Scott Koberg, Director 4049 S. Eckert Rd. Boise, ID 83716 (208) 577-4575 skoberg@adagounty.id.gov Wheeling Park District, IL Comprehensive Plan Dates: 07/2022 - 10/2023 Original Cost: $126,690 Jan Buchs 105 Community Park Blvd. Wheeling, IL 60090 (847) 465-3333 jbuchs@wheelingparkdistrict.com Wilmette Park District, IL Comprehensive and Strategic Plan Dates: 04/2022 - Present Original Cost: $220,340 (both plans) Steve Wilson, Executive Director 1200 Wilmette Ave. Wilmette, IL 60091 (847) 256-9617 swilson@wilpark.org City of Mebane, NC Parks and Recreation Master Plan and Bicycle and Transportation Master Plan 05/2022 - 07/2023 Original Cost: $112,215 Aaron Davis, Director 106 E. Washington St. Mebane, NC 27302 (919) 304-9225 adavis@cityofmebane.com Willamalane Park and Recreation District, OR Comprehensive Master Plan Update Dates: 02/2022 - 08/2023 Original Cost: $298,639 Kristina Koenig Boe 250 S. 32nd St. Springfield, OR 97478 (541) 736-4544 kristinak@willamalane.org City of Cedar Park, Texas Parks, Recreation Facilities, and Open Space Master Plan Dates: 10/2023 - Present Original Cost: $198,300 Curt Randa, Director 1435 Main St. Cedar Park, TX 78613 (512) 401-5504 curt.randa@cedarparktexas.gov City of Pflugerville, Texas Parks, Recreation, and Open Space Master Plan Dates: 12/2021 - 11/2023 (client added scope) Original Cost: $246,320 Shane Mize, Director 100 E. Main St. Pflugerville, TX 78660 512-990-6350 shanem@pflugervilletx.gov PenMet Park and Recreation District, WA Strategic Plan and Parks and Recreation Master Plan Dates: 02/2022 - Present Original Cost: $162,787 Ally Bujacich 2416 14th Ave. NW Gig Harbor, WA 98335 (253) 858-3400 abujacich@penmetparks.org •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 others? No Yes If yes, describe the situation: 5.Has your firm—or any firm you have had any interest in—ever been debarred or prohibited from contract work with any government or private institution? No Yes If yes, describe the situation: City Staff will evaluate all qualification forms. The evaluation will include the following: •Verification of statements and information provided •Ability to perform work of similar nature •Financial stability and capability •Any pattern of controversy, poor management, delayed claims, late completion, inferior service or equipment, or other undesirable characteristics This qualification process is not intended to restrict competition. The intent is to protect the City’s legitimate interests by ensuring that vendors are competent, capable of quality work, and financially able to complete the work awarded. Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. Our Parks, Recreation, Libraries team includes 24 employees. All employees identified in this proposal are available to complete this project. BerryDunn has offices spanning the country from its original location in Portland, Maine, to Phoenix, Arizona. The Phoenix office serves as a hub for engagements in the West and Southwest, including Texas and California. In addition, we have remote employees based across the country Our strong client references and our repeated selection by past clients to perform additional work speaks to our ability and commitment to being responsive to client needs—regardless of the geographic location or time zone. We typically sub contract landscape architecture, facilities assessments, and statistically valid surveys. RFP-24-105-Parks and Recreation Master Plan ACCEPTANCE OF CONDITIONS STATEMENT A.Proposing firm indicates acceptance of the following conditions: 1.City of Wheat Ridge prohibits contracting with firms that employ certain relatives of City employees, unless the City Council determines that the making of such a contract is in the City’s best interest. No City Council member, member of a City Board or Commission, Municipal judge, City Manager, City attorney(s), or employee of the City of Wheat Ridge—or any such person’s spouse, child, parent, brother, sister, dependent or person assuming a relationship being the substantial equivalent of the above—has an existing or pending (direct or indirect) financial, pecuniary, or personal interest in the proposing firm or this Request for Proposal (RFP), except as follows: 2.I / we hereby agree to all instructions, terms and conditions, and specifications contained herein. B.I / we acknowledge the following addenda: Proposing Firm’s Name: Address: Office Phone Number: Cell Phone Number: Submitted by: SIGNATURE DATE TITLE Attest (by officer if corporation) or notary (if individual): SIGNATURE My commission expires (if notarized): DATE None 1 -1/23/2024 Berry,Dunn,McNeil &Parker,LLC 2211 Congress Street Portland,Maine 04102 (207)541-2200 - February 8,2024 Charles Snow,Principal ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/26/2023 (207) 523-2235 36064 Berry Dunn McNeil & Parker LLC2211 Congress StreetPortland, ME 04102 22306 22292 11149 25674 A 1,000,000 ZZP D240054 4/30/2023 4/30/2024 1,000,000 ISO form CG 00 01 15,000 1,000,000 2,000,000 2,000,000 1,000,000B ADPD240058 4/30/2023 4/30/2024 Hired Auto P.D.50,000 8,000,000C UHP D240055 4/30/2023 4/30/2024 8,000,000 0 D 5101800149 1/1/2024 1/1/2025 1,000,000N1,000,000 1,000,000 E Employee Theft 105608076 4/30/2023 Limit 5,000,000 E Employee Theft 105608076 4/30/2023 4/30/2024 Of Client Prop Limit 5,000,000 30 day notice of cancellation with 10 days notice for non-payment of premium, if required by written contract/agreement. Berry Dunn McNeil & Parker2211 Congress StreetPortland, ME 04102 BERRDUN-03 HCTALBOT Clark Insurance1945 Congress Street, Bldg APO Box 3543Portland, ME 04104-3543 Heather Caston-Talbot, AAI, CIIP, CIC heather.caston-talbot@marshmma.com Hanover American Massachusetts Bay The Hanover Insurance Company Maine Employers Mutual Ins Co Travelers Property Casualty Co. of America X 4/30/2024 X X X X X X X X X X Affinity Insurance Services 1100 Virginia Drive, Suite 250 Fort Washington, PA 19034 Gretchen McCole 215-773-4600 gretchen.mccole@aon.com APL-188112791 04/01/2023 Continental Casualty Company 20443 Professional Liability Berry Dunn McNeil & Parker, LLC 2211 Congress Street Portland, ME 04102 $1,000,000 / $1,000,000 Limits shown are as requested. SIR applies per policy terms and conditions. 04/01/2023 04/01/2024 Berry, Dunn, McNeil & Parker, LLC 2211 Congress Street Portland, ME 04102 A Per Claim/Aggregate Limit February 8, 2024 City of Wheat Ridge Attention: Whitney Mugford-Smith 7500 W. 29th Ave. Wheat Ridge, CO 80033 Dear Whitney Mugford-Smith and Members of the Selection Committee: On behalf of Berry, Dunn, McNeil & Parker, LLC (BerryDunn), I would like to thank you for the opportunity to submit this proposal in response to the City of Wheat Ridge’s (the City’s) Request for Proposals (RFP) #RFP-24-105 Parks and Recreation Master Planning services. The City’s parks and recreation system is accredited by the Commission for Accreditation of Park and Recreation Agencies (CAPRA) and will be up for reaccreditation in 2025. This plan will provide an updated assessment of parks, recreation, and open spaces within the City and serve as evidence for reaccreditation efforts. BerryDunn is an independent management and consulting firm that has experienced sustained growth throughout its 50-year history. Focused on inspiring clients to transform and innovate, we formed a specialized practice dedicated to serving the needs of clients in the parks, recreation, and libraries industry. BerryDunn’s Parks, Recreation, Libraries Practice provides master and strategic planning, programming and financial analysis, feasibility studies, change management, service quality assessments, and more—offering clients deep expertise built upon decades of experience working in and with agencies on comparable projects. We deliver exceptional experiences to organizations like Wheat Ridge as they seek to achieve their visions, offer innovative services and facilities to their constituents, and determine the actions necessary to make consistent progress toward desired outcomes. We appreciate the opportunity to guide that process and co-author the direction to be taken to best serve the City, and we hope for the chance to be the City’s selected partner on this initiative. Our Trusted Subcontracting Partnerships BerryDunn has carefully assembled a highly qualified project team intended to help the City achieve its goals and objectives for this important initiative. In partnership with ETC Institute and Populous, we will contribute tailored and valuable insights, lead thorough information-gathering activities, and develop recommendations in alignment with current and future needs and in conformance with best practices defined by national, regional, and local associations. Below, we highlight our subcontracting partnerships for the master planning process. Contributing statistically valid survey design and implementation Contributing indoor facility assessments Why Choose the BerryDunn Team? We are confident that we are best suited to assist the City with this parks and recreation master planning effort, and we ask that you consider the following reasons why the BerryDunn-led team would be the ideal partner on this planning initiative. 01. LETTER OF SUBMISSION We have firsthand experience serving clients in the State and bring locality through our project team members. We take pride in our long history serving organizations like the City on similar initiatives. In fact, we have conducted more than 55 relevant projects in the State, including for the Town of Erie, the City of Northglenn, and the City of Aurora, among others. Our proposed project manager, James “J.R.” Clanton, and our proposed engagement manager, Teresa Jackson, both reside locally and are familiar with how rapid growth in the Denver metro area has impacted park and recreation agencies in the area. We have also worked with over 40 CAPRA-accredited agencies. Our experience gives us unique insights and lessons learned from years of service and relevant project work to help ensure master planning success for the City. Additionally, our firm has worked with the City on previous projects, including an enterprise resource planning (ERP) selection process. We understand how to innovate within public-sector parameters because we have held similar positions. Each of our proposed team members has decades of experience working in local government park and recreation agencies. We leverage these experiences to provide best practices and coaching related to developing high-performance teams, delivering remarkable customer experiences, improving and maintaining level of service, and more. We have carefully assembled a team to meet your needs. Our proposed project manager, J.R. Clanton, worked for the City of Westminster Parks and Recreation Department and understands the City’s service area. He has managed similar projects and is familiar with programming and fiscally-responsible operations. Unified with ETC Institute and Populous, we are well-positioned to deliver an unmatched consulting experience, lead a sound master planning process, and help ensure desired project outcomes to the City. We offer a proven yet flexible approach. We will work closely with the City and its community to thoroughly understand the current environment and develop realistic and implementable recommendations to guide strategic progress. Our team will review outcomes from previous planning efforts; effectively engage the City’s leadership, staff, and community members; and consider various data elements to inform our efforts and help the City efficiently run its parks, recreation, and open space system. Our efforts are performed through an equity lens, as well as focused on delivering high-quality services to residents and visitors alike. We have read the City’s request and reviewed its terms, conditions, and contents presented therein. Our proposal is a firm and irrevocable offer valid for 120 calendar days from the proposal due date of February 8, 2024. As a principal in BerryDunn’s Local Government Practice Group and chief operating officer of BerryDunn’s Consulting Services Team, I am authorized to bind BerryDunn to the commitments made therein. If you have any questions related to this proposal or updates during the evaluation process, please consider me the City’s primary point of contact and feel free to connect with me directly using the information provided below. Note, the Worker Without Authorization Form was not included in the RFP packet. We would be happy to fill it out when provided a copy. Additionally, our firm is not an individual or a partnership, and the C.R.S. 18-8-503 Affidavit is not applicable. We have provided a copy of our W9 proving our authorization to do business in the United States. Sincerely, Chad Snow, PMP®, Principal | Chief Operating Officer Consulting Services Team, Local Government Practice Group 207-541-2294 | csnow@berrydunn.com 22 3 Qualifications SECTION 02 3 ABOUT BERRYDUNN BerryDunn’s Parks, Recreation, Libraries Practice offers clients deep industry expertise in parks, open space, and natural areas built upon decades of experience working in and with agencies on: Master Planning Strategic Planning Needs Analyses Financial Analyses Cost Recovery Quality Assessments All our Parks, Recreation, Libraries consultants are former industry practitioners and seasoned advisors, and our proposed project team consists of professionals with many years of experience operating the assets the City manages. Collectively, our team of more than 20 professionals have completed over 650 related planning projects, working with local, state, and national government agencies, as well as private-sector organizations, as they seek to make progress toward a shared vision. Looking beyond the industry, we strive to deliver high-quality services by understanding expectations up front, developing a reasonable and achievable project approach, gaining concurrence on project tasks and timing, and using appropriate staff for each engagement. Supported by a wider team of over 350 consultants dedicated to serving nearly all aspects of local and state government, we offer a holistic approach to the City’s initiative. It is through our firsthand experience in parks and recreation and our broader team’s well-rounded perspective that we bring tailored insights and firsthand perspective related to the government operations and community needs that impact every project. Whatever your plans may be, we will be with you at each step. Company Name Berry, Dunn, McNeil & Parker, LLC (BerryDunn) Founded and Incorporated 1974 in Maine Headquartered 2211 Congress Street Portland, ME 04102 Locations: Arizona Connecticut Maine Massachusetts New Hampshire Puerto Rico West Virginia Business Type Limited Liability Company Employees 850+ nationwide Website www.berrydunn.com 4 How We Share Ideas Our Parks, Recreation, Libraries team is dedicated to the industry, regularly learning and sharing trends and relevant information at conferences and events. Our commitment to the industry includes involvement with the Colorado Parks and Recreation Association (CPRA) and the National Recreation and Park Association (NRPA). Through these connections, we stay apprised of trends and best practices at the local, regional, and national levels and share them with our clients to promote industry alignment and innovative thinking. We attend and often speak at NRPA’s annual conference and are facilitators at the NRPA Schools as well as state and local events. Some of our most recent NRPA speaking sessions include: • “Shout it from the Rooftops!” • "Developing a High-Performance Culture” • “How Parks and Recreation Can Support Mental Health Challenges” • “Leading to Create Organizational Excellence” • “Engage the Silent Voices” • “The Case of Cost Recovery: Why, How and Does It Work?” • “Measuring Operational Performance” • “A Racially Just Future: 2021 NCAA Basketball Final Four Talks” • “Impact Fees and Cost of Service” • “Successfully Implementing a Strategic Plan” Raising The Bar Through Exceptional Leadership BerryDunn’s Parks, Recreation, Libraries Practice is led by seasoned professionals with a strong reputation for excellence. Under a watchful eye informed by decades of experience, the City’s effort will be overseen by Chad Snow, Jason Genck, and Lisa Paradis—the City’s partners in achieving quality project outcomes. The City’s work effort will be tailored to what makes it unique, as we want to honor and preserve that in the change this project brings to the organization. We are driven by our desire to consistently deliver superior client experiences. As such, the City can trust that—through innovative and cutting-edge solutions— expert guidance and creative approaches will be provided at every step. Ch a d S n o w Ja s o n G e n c k Li s a P a r a d i s 5 Populous truly believes in creating environments that draw people together for unforgettable experiences. In the world’s top cities and communities across the globe, they have designed over 50 recreation centers, more than 180 training centers, and 3,000 projects globally worth $40 billion. Their designs for places like the Yankee Stadium, the London Olympic Games, Tottenham Stadium, and Orlando City Stadium have created emotional connections between people, community sport, visionary urban design, and entertainment places and events they love. The top communities entrust Populous to help build their brands through design. Their knowledge— both visionary and technical— is unveiled through comprehensive planning and design services with experiential design at the core. Their focus includes not just the individual buildings that define a community, such as sports architecture, conference and exhibition center architecture or recreation design, but also the urban fabric that weaves these buildings together. Populous has been recognized 300 times with global design awards, including five National American Institute of Architects awards. They have also been listed five times as one of Fast Company magazine’s most innovative companies. Every brand has a story to tell — it is Populous’ mission to give life to those stories through design. They are the people who create the places where communities unite. ETC Institute (ETC) is recognized as the national leader in the design and administration of market research studies for local government organizations. Since 1982, ETC Institute has completed research projects for organizations in 49 states. ETC Institute has designed and administered more than 2,500 statistically valid surveys and our team of professional researchers has moderated more than 1,500 focus groups and panels and over 2,000 stakeholder interviews. ETC Institute also uses the most up-to-date and innovative analytical tools that will help the City understand and use its survey data. ETC Institute has conducted research for more major U.S. cities and counties than any other firm. ETC Institute conducts approximately 150 surveys per year for clients throughout the country and they are ready to begin whenever it is most convenient for the City. Because their CEO is also the owner of ETC Institute, they have tremendous flexibility to go above and beyond the scope of work to help ensure the City is satisfied and that all tasks are successful. Introducing our Subcontracting Partners When composing the ideal project team for the City, we looked for partners who bring the right skill sets, experience, and background necessary to complement those the BerryDunn team possesses. We believe that the City will see the value our subcontracting partners provide as it relates to this master planning project, and we are pleased to introduce them in the sections that follow. 6 Demonstrated Commitment to Serving Clients in the State We have demonstrated our commitment to serving clients in the State of Colorado and throughout the Rocky Mountain Region, where we have worked on over 250 projects. This—along with our involvement in CPRA—will help ensure we bring firsthand knowledge; insights; and industry, regional, and national best practices to this project. Following is a short listing of consulting engagements on which we are currently working or have recently completed: • Adams County • Aims Community College • Boulder County • Cherry Creek School District • City of Aurora • City of Boulder • City of Brighton • City of Burlington • City of Commerce City • City of Denver • City of Edgewater • City of Fort Collins • City of Greeley • City of Loveland • City of Montrose • City of Northglenn • City of Westminster • City of Wheat Ridge • Colorado Department of Human Services • Colorado Division of Child Support Services • Colorado Division of Youth Services • Colorado Mountain College • Colorado Office of the State Auditor • Colorado School of Mines • Denver City Auditor’s Office • Douglas County • El Paso County • Jefferson County School District • Lake County • Larimer County • Mesa County • Pitkin County • Summit County • Tri-County Health Department • Town of Erie • Town of Mountain View • Weld County • Evergreen Park and Recreation District • Hyland Hills Park and Recreation District Master, Strategic, and Comprehensive Planning With the BerryDunn-led team, the City will be served by a firm with experience conducting hundreds of master planning projects. Through this, we have refined our approach, engagement strategies, analyses, and recommendations development to help ensure master planning processes are participatory and inclusive, innovative, and creative, industry-aligned and community-centric, and reflective of the clients we serve. Below, we highlight our parks and recreation master, strategic, and comprehensive planning clients from the last several years conducted by the BerryDunn team. • Ada County, ID • Adams County, CO • City/County of Denver, CO • City of Aurora, CO • City of Bozeman, MT • City of Commerce City, CO • City of Crestwood, MO • City of Ferguson, MO • City of Fort Lauderdale, FL • City of Gilbert, AZ • City of Greeley, CO • City of Kennewick, WA • City of Lynchburg, VA • City of Nampa, ID • City of Norwalk, CT • City of Novato, CA • City of Palm Coast, FL • City of Palmdale, CA • City of Pflugerville, TX • City of Raleigh, NC • City of Tampa, FL • City of Wilsonville, OR • DeKalb County, GA • Dinwiddie County, VA • Evergreen Park and Recreation District, CO • Johnson County, KS • Lake County, CO • Mesa County, CO • MD National Capital Park Planning Commission • Mecklenburg County, NC • Town of Erie, CO • Town of Manchester, CT • Town of Wilbraham, MA • Township of Canton, MI • City of Valdez, AK • Vermont State Parks • Village of Ardsley, NY • Village of Downers Grove, IL • Village of Lincolnwood, IL • Village of Palm Springs, FL • Village of Pinecrest, FL • Western DuPage Special Recreation Association, IL • Wheeling Park District, IL 7 Project Approach SECTION 03 8 The City of Wheat Ridge is a community of about 33,000 people located in the Denver-Aurora- Lakewood metropolitan statistical area. The City’s Parks and Recreation Department (Rooted in Fun) has been providing services for more than 50 years, and its current system consists of 20 parks on approximately 173 acres. The Department also operates three recreation facilities, 300 acres of open space, seven miles of trails, and a community garden. The Department offers an abundance of programming for residents and visitors of all ages, including therapeutic recreation, wellness, and active aging adult programming, among others. Known for offering quality programs and services to the community, the City’s Parks and Recreation Department is CAPRA-accredited. Its previous Parks and Recreation Master Plan was adopted in 2015. The Department will be up for reaccreditation in 2025, and this plan can serve as evidence during the process. The City is well connected with its community and regularly seeks feedback to improve programs and services. Our team understands the importance of connecting with the community to determine their needs and how well the Department is meeting them. We will conduct a robust engagement process to help drive the vision for the next 10 years and develop a plan that helps the Department continue meeting and exceeding expectations. Project Understanding Rooted in FUN 9 Experienced Consulting: Our firm has extensive experience in developing Parks and Recreation Master Plans for public agencies, including agencies with similar characteristics as Wheat Ridge. Holistic Approach: We offer a thorough approach to comprehensive planning that includes not only physical park development but also community engagement, data collection, and strategic implementation. Our process is detailed and helps ensure all aspects of parks, recreation and open space planning are addressed. Community Engagement: Our strategy places a high emphasis on community engagement. We believe in creating parks and recreational spaces that truly reflect the needs and preferences of the community. We implement strategies that help ensure fair, inclusive, and proactive public participation. Informed Decision-Making: We facilitate consensus building and provide informed, equitable decision-making support for Wheat Ridge City Council members. Our approach helps ensure that all voices are heard and that the final comprehensive plan reflects a broad consensus. Data-Driven Planning: We use data-driven methods to analyze and plan parks, recreation spaces, and open spaces. We conduct comprehensive community needs assessments, demographic trend analysis, and facility inventory to help ensure our recommendations are backed by solid data. Goal-Oriented: Our planning process is directed toward achieving clear, tangible goals that align with the City’s vision and values set forth in past and present planning efforts. We help develop and define these goals and provide the roadmap to reach them. Future-Proof: Our comprehensive plans are designed to be future-proof. We consider future demographic trends, potential land acquisitions, and the projected impact of future trends. This helps ensure the longevity and sustainability of our plans. Holistic Sustainability: We prioritize strategies based on their impact on social, health, and environmental outcomes. Our approach helps ensure that the parks and recreation facilities contribute positively to the overall sustainability of the community. Strategic Partnerships: We recognize the value of collaboration and recommend partnerships that can enhance the opportunities for the community. Our approach aims to minimize duplication and leverage existing resources effectively. Transparent and Accountable: Our firm is committed to maintaining transparency and accountability throughout the planning process. We will schedule bi-weekly check-in meetings with the Department planning staff. How BerryDunn Can Help 10 Work Plan Below and on the following pages, we present our work plan intended to achieve the City’s goals and objectives for this important initiative. We look forward to discussing our approach with the City and further customizing our work plan to best accommodate the City’s master planning needs. PHASE PHASE PHASE PHASE PHASE PHASE 1 2 4 6 3 5 PHASE 7 Project Management and Coordination Establish Vision, Goals, and Objectives Evaluation of Current Level of Service Benchmarking and Comparison of Resources Public Input, Community Engagement, and Public Outreach City-wide Parks and Recreation Interest Survey Implementation and Action Plan 8Draft and Final Master Plan 11 1.1 Conduct Initial Project Planning. We will conduct an initial project planning and discovery call to identify stakeholder groups, project team members, project milestones, and expectations. We will discuss our proposed project schedule, project work plan, and roles and responsibilities. Outcomes of this discussion will be used to develop the Project Work Plan and Schedule in Task 1.2. 1.2 Develop a Project Work Plan and Schedule. We will develop a Project Work Plan and Schedule, which will outline our communication and scope; review a timeline to schedule project meetings; and identify stakeholder groups. In addition, the Project Work Plan will incorporate agreed-upon procedures between BerryDunn and the City related to project control, including quality management and deliverable submission/acceptance management. 1.3 Facilitate a Kickoff Presentation. We will conduct an on-site kickoff presentation with the City’s project team that will serve as an opportunity to introduce our project team members, discuss project goals, present our project approach and methodology, review the final schedule of key project dates, and answer any questions the City’s project team may have. While on-site, we will also tour areas of the system and relevant parks, recreation facilities, open space, and trails resources. This tour will give us a grounded exposure to physical resources, user experience, and staff environments. 1.4 Conduct a Data Review. One of the most important elements of this process will be our team’s ability to gain a breadth of knowledge about plans, structure, operations, and systems, as well as the City’s staff and community. To start the process, we will submit an information request to the City’s project team to gather applicable documents and data. We may request recent and current planning work, such as copies of the City’s: • 2015 Parks and Recreation Master Plan • Envision Wheat Ridge Comprehensive Plan 2009 and subsequent updates • What’s Up Wheat Ridge • Wheat Ridge Bicycle • Individual Park Master Plans • Other plans as needed All information gathered will be reviewed by our team to inform our understanding of the current environment, glean insights from work completed to date, and minimize impacts to the City staff during the work effort. 1.5 Conduct Status Update Meetings. We will conduct status update meetings with the City’s project manager on a weekly or biweekly cadence to communicate current and anticipated project management needs, provide updates on project progress and the schedule, and discuss potential risks and issues. These meetings are intended to promote transparency in the process and generate buy-in for project outcomes. Deliverable 1 Project Work Plan and Schedule Phase 1: Project Management and Coordination1 12 2.1 Facilitate a Vision and Mission Alignment Workshop. Our team will meet with the Department and its project team to develop a clear project vision. We will develop and confirm Vision and Mission statements, aligning them with Departmental vision and mission statements as necessary. 2.2 Develop Project Brand. From our previous planning work, we understand how a project brand can improve project visibility and generate excitement for the project. The City would like to move away from the term “Master,” and our team will develop a brand that reflects this. The Department’s current brand is “Rooted in Fun.” We will work with the City to develop a message and brand for the project that is recognizable for community members and resonates with different groups and demographics while tying into the Department’s overall brand. Phase 2: Establish Vision, Goals, and Objectives2 Deliverable 2 Mission and Vision Sample project branding 13 3.1 Conduct Facility Inventory and Resource Mapping. “We are dedicated to serving our community by providing diverse programs, experiences, and spaces that enhance quality of life,” is the Mission of the City’s Parks & Recreation Department. The traditional master planning process defines the physical assets needed to support this strategic mission and reach programmatic goals. For Populous and Berry Dunn, it means much more than that. We believe that an effective Master Plan should focus on the human experiences that will enhance quality of life within your community; providing those opportunities to connect with nature, healthy living, and having fun. For the City, this process will include documenting existing assets, identifying opportunities for growth and expansion, as well as developing near and long- term strategies that will guide future investments. Our team will utilize all available base geographic information systems (GIS) materials to compile an updated assessment of parks, recreation facilities, open spaces, and trails within the City. The available capacity-style approach will be enhanced with on-site component data collection and analysis to create a complete data set and determine current conditions for: • Quantity of all relevant system components • Quality of components (three-point scaling along with aesthetic attributes) • Functionality of components for their intended purpose for this plan life cycle Planning and Scoping BerryDunn and Populous will meet with the designated representatives from the City to establish the decision-making framework and define the goals and desired outcomes. Methodologies: • Meeting to establish decision-making protocol, define goals, schedule, and budget. • Analyze content including data research, planning documents, facilities assessments, architectural drawings, capital budgets, and beyond. Exploration During this phase of the project, we will review facilities assessment information provided and conduct site visits. Members of our team will visit each location with staff members and stakeholders, if permitted. Our goal is to develop a clear understanding of the quantitative and qualitative aspects of your current facilities. Master Planning also involves careful listening, curious observation, and the ability to understand the needs and expectations of the people that interact with your facilities. Based on the goals and guiding principles developed in Task 1, BerryDunn and Populous will lead the City’s project team through a series of structured, human-centered exercises specifically designed to engage stakeholders in creative dialogue and build consensus around core issues and potential solutions. We anticipate a series of activities and workshops with various stakeholders over the course of our schedule. These may include traditional planning methods like interviews and focus groups, and will also include creative exercises geared toward empathic design: design that allows people to better understand the experiences of others. For specific venues, our team will also lead programming sessions with Department leaders, Facilities and Operations staff, and users to define the types and sizes of spaces and the critical adjacencies needed to support the mission and reach the City’s strategic goals. Methodologies: • Observation & Exploratory Research: discuss typical days to understand “a day in the life of” various users. Phase 3: Evaluation of Current Level of Service3 14 • Interviews and Focus Groups: listening and learning from key individuals and groups. • Persona Development and Journey Mapping: who are your key users? What are their expectations? Are those being met? • Empathy Mapping: what are people thinking, saying, doing, feeling? Concept Generation After developing a thorough understanding of City needs, we can begin to collaborate on recommendations to right-size the City’s facilities, improve your ability to provide additional programming, and create unique patron experiences that will support membership and drive revenue. Much like the exploration tasks, this process will consist of a creative and engaging series of work sessions. During these sessions we’ll share experiences and ideas from other agencies but will work to develop concepts that are unique to the City, with an emphasis of optimizing the return on investment. As solutions begin to unfold, we will apply order-of-magnitude cost estimating based on our team’s collective experiences and discuss potential funding options. This phase will include the development of plan and massing diagrams, where appropriate, for future expansion or improvements. Outcomes: • Conceptual diagrams for new builds, renovations, additions, and/or demolition. • Proposed site or infrastructure improvements (where applicable) • Estimated probable costs and available funding sources. 3.2 Prepare an Inventory and Analysis of Programs. We will develop an inventory of existing programs for youth, adults, and seniors and subsequently compare the inventory to community feedback. This will help ensure program offerings are aligned appropriately with community needs. The program and services inventory will be matched up to the parks, open space, and trails inventory and analysis to help ensure there are appropriate spaces for the future program menu. We will also compare current program offerings with identified community needs expressed in the engagement process. The analysis process will begin with an interactive workshop with the City staff to review issues, challenges, strengths, and weaknesses of programs and services. An inventory of core programs will be developed and analyzed according to program life cycle distribution, gap analysis, and age segment analysis. Other areas of review may include: • Listing of the program inventory for the most recent year • Program alignment with community need • Programming trends within offerings as well as regional and national trends • Assessing an equitable distribution of programs • Developing key performance measures based on national best practice approaches We will review program performance trends and consider their impact on the City, and we will conduct a participation analysis and financial performance review. These activities will help establish the level of equitable distribution of programs as well as alignment with community need. Based on our data review, we will develop mapping visuals illustrating where the City’s programs and services are offered, with the intent of informing our gap analysis. We will compare our findings to community feedback gathered on recreation programming and desired changes or improvements. This feedback will help inform our recommendations for future program offerings. This work will also inform the development of a program plan that meets CAPRA requirements.Deliverable 3 Parks and Facilities Inventory Deliverable 4 Programming Inventory and Assessment 15 3.3 Analyze Demographics and Population Projections. To provide insight into the potential market for the City’s parks, recreation facilities, open spaces, and trails, we will conduct a demographic analysis and market profile of the City. Our team will utilize all information available from previous planning efforts, Jefferson County, the U.S. Census Bureau, Esri, and other national and local sources. We will work directly with the City leadership to help document growth, redevelopment areas, and land use changes. A detailed demographic analysis based on service areas will outline trends and information that could affect the need for land acquisition, development, and regional planning. Gather Placer.ai mobility data and user geo- analysis. To delve deeper into community data, BerryDunn has partnered with Placer.ai to analyze mobile data for our clients. 3.4 Analyze Trends. Our team will lead a strategic trends analysis that will consider demographic shifts and their impact on future parks, recreation, open space, and trails. This analysis will identify interest and participation levels for a variety of activities and assess how services are provided through both administrative and planning trends, including technology and customer service. This process also includes strategic analysis of local, state, and national best practices, along with the latest parks and recreation industry trends. 3.5 Develop an Operations Assessment. We will conduct a thorough assessment of the City’s parks and recreation operations to identify potential efficiencies, analyzing current policies, procedures, processes, and business planning efforts. Utilizing the latest NRPA ParkMetrics data, we’ll customize Agency Effectiveness Ratios based on the City’s population size and geographic region, providing benchmarking data from comparable agencies in NRPA’s dataset. Our findings will be presented in a comprehensive profile with insights tailored to your community. Additionally, we’ll evaluate the City’s readiness for CAPRA accreditation. This involves reviewing CAPRA standards, assessing agency operations, and conducting a gap analysis to pinpoint areas for improvement. We offer guidance, training, and external input to support the development of action plans aimed at achieving accreditation readiness. As part of the Operations Assessment, we will review how the Department is using its current office space, including identifying areas that are overcrowded or underutilized. After reviewing demographics and anticipating the City’s growth patterns for the future, we will assess how it will impact office space requirements. We will consider workforce expansion, new departments, and changes in workflow. Our team will meet with employees and determine their workplace needs and requirements. We will also assess the current infrastructure and determine if upgrades or renovations are needed. Finally, we will conduct a cost-benefit analysis of different options, considering lease expenses, maintenance costs, and potential productivity gains. Deliverable 5 Demographics and Trends Report Placer.ai is an advanced foot traffic analytics platform that leverages mobile location data to better understand current and potential users, and usage patterns. This data provides detailed insight into how people move in and out of physical spaces. These insights can be used to help the City optimize operations by recognizing usage and travel patterns and use data-driven decisions for future programming and facilities. Placer.ai’s powerful analytics capabilities are made possible by a proprietary machine learning algorithm that processes billions of location data points. The data is collected based on high level mobile data and does not collect any sensitive user information such as actual home or work locations or names. 16 3.6 Evaluate Level of Service. Using the City’s community demographic profile, stakeholder engagement results, and inventory, we will assess the quality and quantity of parks, open spaces, trails, and recreation facilities provided by the City. We will evaluate the adequacy based on size and location in relation to existing and future population. We will also make recommendations for minimizing duplication and/or enhancing possibilities for collaborative partnerships where appropriate. We will analyze the information on usage, needs, desires, operations, maintenance, land use trends, and make recommendations. We will identify areas of service shortfalls and projected impact of future trends. We will include programs and amenities offered by alternative providers into this analysis. Deliverable 6 Operations Assessment Deliverable 7 Level of Service and Gaps Analysis Phase 4: Benchmarking and Comparison of Parks and Recreation Resources 4 4.1 Conduct Benchmarking and National Comparisons. To help ensure the City and its community have a clear understanding of the key topics and trends influencing the next several years, we will look at comparative trends and available benchmarks for financial sustainability, asset management, programs and services, and related planning aspects. Additional topics may be identified to help understand and prioritize other community concerns, including but not limited to sustainability and resilience, social equity and affordability, and other industry trends. We will implement a virtual think tank with thought leaders targeted based on the specific needs of the City. The BerryDunn team will leverage their national network and bring fresh ideas and an outside perspective to key topics collaboratively identified with the City. Deliverable 8 Benchmarking Analysis 17 Phase 5: Public Input and Community Engagement 5 5.1 Create a Detailed Engagement Strategy. To reach a broader section of community members, we have proposed a hybrid approach for this master planning project. We chose this approach for the following reasons: • An interactive, virtual project site can give residents a “home base” to give opinions and check on ongoing events. This consistent access to project communication will support our stated goal to engage the community throughout the engagement. • In-person events will play a key role in reaching disconnected community groups or groups with limited access to technology. • Multiple channels of engagement will support efforts to include users and non-users within the City’s system. As we develop a Detailed Engagement Strategy with the City, we will discuss both virtual and in-person options, identify and describe methods of community involvement, identify key stakeholders, create a schedule for public input events and surveys, develop a schedule for the promotion and coordination of stakeholder input events, and identify specific stakeholder interview and focus group questions. The Detailed Engagement Strategy will also be developed with the City’s culture and identity in mind. 5.2 Develop a Project Website and Engagement Portal. We will work with the City staff to create a project website via Social Pinpoint that will keep the community informed of the project. We can leverage the What’s Up Wheat Ridge site as well. Deliverable 9 Detailed Engagement Strategy 18 The customized engagement site will also provide community members a means to share valuable input. This interactive online tool helps strengthen the City’s relationship with its stakeholders, resulting in a diverse collection of feedback and better-informed planning outcomes. We will collaboratively determine which Social Pinpoint tools will best serve the desired outreach outcomes. We anticipate that the City will see value in utilizing Social Pinpoint’s survey, mapping, forums, and ideas wall, and we look forward to discussing and customizing this site to reflect the needs and desires, goals and objectives, and community culture of the City. Note: Our team will plan to maintain the project website throughout the planning process to keep residents and staff up to date on project progress and promote any participatory events. 5.3 Conduct Internal Leader and Staff Activities. Internal engagement with the City will include interviews and focus groups with leadership, management, and staff to conduct fact-finding activities, focusing on recreation programs, services, and facility operations. We anticipate meetings with: • City leadership • Administrative team members • Key full- and part-time staff • Other the City staff as needed These meetings will provide internal stakeholders an opportunity to provide input related to the future direction of the City’s parks, recreation facilities, trails, and open space improvements and needs. Staff perspectives are extremely important, and our approach intentionally involves staff throughout the entire process, as they will have responsibility for implementing the recommendations. 5.4 Facilitate Stakeholder Meetings. To gather information related to needs and interests, we will hold four meetings with key stakeholders composed of community leaders from the City, school district representatives, user groups, homeowner associations, neighborhood associations, friends groups, alternative providers, and other groups or individuals as identified. 5.5 Host Public Input Sessions. Our team will facilitate four public focus groups to collect input from key community stakeholders. We will seek input from businesses, nonprofits, public agencies, and volunteer partners, as well as any neighborhood alliances and representatives. Further, we will routinely reach out to representatives of identified under- represented population groups and engage them in the assessment and recommendations development process, helping to ensure an inclusive and equitable engagement process. Inclusive Engagement BerryDunn and our local team members will engage in targeted outreach to underrepresented communities, including but not limited to communities of color, low-income communities, immigrant and refugee communities, communities facing health disparities, elderly residents, and more. To help ensure recommendations promote equitable outcomes, we must not only lower barriers to participating in the planning process but also actively prioritize engagement of entities working with communities facing the highest barriers to accessing parks, recreation, and natural areas. We will conduct demographic research and identify priority communities and geographies for targeted outreach. Results will serve as the foundation for community engagement efforts moving forward. We commonly use a hybrid approach to engagement, using in-person and digital strategies to reach more members of the community. We partner with local groups— including sports organizations, faith-based groups, and other community leaders—to meet community members where they are and encourage broader participation. 19 Our team aims to anticipate obstacles to participation, which might include technology barriers, special needs, childcare, language barriers, and work schedules. During our strategy development, we will work with the City to organize events that are child- friendly; physically accessible for those with hearing, vision, or mobility challenges; and scheduled at a variety of times to widen attendance. Additionally, we will leverage Social Pinpoint’s language feature to provide multiple language options on the project site. 5.6 Facilitate Engagement at City Events and Facilities and Non-City-Based Opportunities. We will host “pop-up” experiences targeting engagement for users and non-users of the City’s parks and recreation services. We will meet people where they are. We expect to seek out creative, innovative, and fun locations to engage the communities throughout the client and connect with residents. The layout and makeup of each client with which we work has informed the types of activities that are best suited to the residents involved in the planning process. Our team is using a similar approach for other master planning efforts. We can conduct these intercept surveys along with pop-up booths featuring interactive elements at: • Movies in the Park • Performances in the Park • Harvest Fest Community Pot Luck • Ties and Tiaras • Regular gatherings, such as public markets • Widely accessed sites, such as parks, community centers, or public library • Neighborhood walks 5.7 Prepare an Engagement Feedback Summary. Our team will provide a summary of insights gleaned through the engagement process. Key findings generated from the demographics analysis, similar provider review, staff engagement, and community engagement activities will be assessed in relationship to each other. We will identify the common themes woven throughout the meetings, electronic engagement tools, and potential service gaps, as well as any pertinent observations garnered through the feedback. This assessment of community needs will help inform recommendations. Finally, we will include an executive summary and clear, actionable recommendations. We will present engagement findings in a public meeting to promote transparency and buy-in for the process and project outcomes. Deliverable 10 Engagement Feedback Summary 20 6.1 Conduct a Statistically Valid Survey. BerryDunn is a strong proponent of including surveys as part of all planning projects to reflect the quantitative needs of a community most accurately. While stakeholder meetings, focus groups, and public meetings allow us to draw in interested parties and users, a statistically valid survey is the only defensible mechanism that provides feedback from non-users, who are most likely taxpayers. We will work with ETC Institute to create a geographically diverse survey to be mailed to a representative sample of households within the City. The survey will provide critical information in determining community values, satisfaction levels, needs and priorities, preferred marketing channels, level of awareness, current usage levels, and demographic information for long-range planning efforts. ETC Institute will work with the project team and City staff to develop the content of the survey. ETC Institute will: • Administer the survey by a combination of mail and online. • Mail the survey and a cover letter (on City letterhead) to a random sample of households in the City. Only one survey per household will be sent. Postage-paid envelopes will be provided by ETC Institute for each respondent. The City will provide a cover letter for the mailed survey. The cover letter will contain a link to an online version of the survey. Residents who receive the survey will have the option of returning the printed survey by mail or completing it online. • Follow-up with residents who receive the mailed survey by sending texts, postcards, and a second mailing (if needed) to maximize participation in the survey. ETC Institute will continue following up with households until reaching the targeted number of completed surveys. A sample size of 400 completed surveys will provide results that have a margin of error of +/5.0% at the 95% level of confidence at the City level. ETC Institute will monitor the distribution of the sample to help ensure that the sample reasonably reflects the demographic composition of the study area about geographic dispersion, age, gender, race/ ethnicity, and other factors. ETC Institute will “weight” the data as needed if one or more demographic groups are over/under-represented relative to recent census estimates for the City’s population. ETC Institute will submit a final report to the project team and City staff. Phase 6: City-Wide Parks and Recreation Interest Survey6 21 7.1 Compile and Present Findings. We will compile initial findings from the inventory, demographics, and needs assessments and prepare a summary findings presentation for staff, the City leadership, decision makers, other stakeholders, and the public to validate the accuracy of the findings. During this stage, we will confirm that all information identified and collected thus far is correct, and we will ask all stakeholders to share any additional issues or opportunities for consideration as we prepare to move forward into analysis and recommendations. 7.2 Conduct Visioning Workshops. We will conduct a series of seven visioning sessions to help ensure we achieve the right pace and generate momentum in the process. The first session will be focused on park and facility level of service. In this session, we will discuss recommendations for needs regarding land acquisition, and the development of parks, trails, green space, and recreation facilities. In the sessions that follow, we will discuss level of service for maintenance and operations, trails, recreation, operations, and future funding. In these sessions, we will seek to collaboratively develop a clear plan for the future of the City’s parks and recreation system, based on standards and demand analysis and furthering the City’s goals. We will also identify possible providers and potential partnerships in achieving the desired state of the City. 7.3 Develop Goals, Objectives, and an Action Plan. Following the workshops and public presentation, we will develop Goals, Objectives, and an Action Plan. The Action Plan will contain action steps, mission and vision, strategic themes and objectives, key performance indicators, and mid- and long-term initiatives. The plan will also present prioritized strategic initiatives based on input from the workshops, aligned with a clear timeline for implementation. Our prioritization work will also include the cut sheets outlining facility, open space, capital development, and land acquisition methodology recommendations. 7.4 Prepare a Capital Improvement Plan. Our team will develop the 10-Year Capital Improvement Plan (CIP) including development of a long-range prioritized capital projects list and recommendations for developing a capital replacement program. The CIP development will incorporate identified priorities for parkland acquisitions, as well as current capital costs for components and elements provided by BerryDunn as recommendations in the master plan. Our team will assess current park impact fee calculations and methodology in relation to probable capital project costs. Phase 7: Implementation and Action Plan7 Deliverable 11 Implementation Plan and CIP Plan 8.1 Prepare a Draft Plan. We will summarize and synthesize all research and stakeholder input and develop recommendations and priorities into a Draft Parks and Recreation Master Plan Master Plan. We will work with the Citys project team to prioritize recommendations, balancing needs and cost/benefit analyses, capacity of the City, and potential budgetary realities. The result will be a set of recommendations phased into immediate, near-term, and long-term time frames that address goals and action strategies. Phase 8: Draft and Final Master Plan8 Deliverable 12 Draft Parks and Recreation Master Plan 22 8.2 Develop Final Master Plan. After applying first round edits, we will facilitate a review session with the City to discuss feedback and recommendations within the plan. We are extremely interested and experienced in working with the City staff to successfully implement master plans. We will plan to include a section in the updated Parks and Recreation Master Plan that will provide a detailed sequence of steps needed for successful implementation. After implementing edits and submitting to the City for review after our presentation, we will develop the Final Parks and Recreation Master Plan. The final plan will be placed on the City’s website for public access, and we will encourage additional public announcement and communication with residents about ongoing implementation updates to continue progress toward the City’s desired future. 8.3 Deliver a Final Presentation. We will present the updated Parks and Recreation Master Plan to the City leadership, the Parks and Recreation Commission, and the City Council. Deliverable 13 Final Parks and Recreation Master Plan 23 Project Team SECTION 04 24 Our team members bring valuable perspectives from their experiences leading parks and recreation agencies, as well as supporting agencies through master planning, strategic planning, and cost recovery projects. Our Parks, Recreation, Libraries team is overseen by Chad Snow, Jason Genck, and Lisa Paradis, who will provide oversight to help ensure our commitment to achieving quality project outcomes. Figure 1 illustrates our team’s organization, leadership, support, and partnerships. Figure 1: Project Team Organizational Structure Organizational Structure Teresa Jackson, AFO, CPO Engagement Manager James “J.R.” Clanton Project Manager Rich Neumann, MPA Subject Matter Expert Nikki Ginger, MA, CPRE, SHRM-SCP Subject Matter Expert Adrian Newman Subject Matter Expert Caylon Vielehr Subject Matter Expert Prime Project management, community engagement, recreation assessment, visioning, and financial, business and organizational analysis Conceptual costing and facilities assessment Statistically valid survey Ryan Murray Assistant Director of Community Research Gudmundur Jonsson, AIA, NCARB, LEED AP Senior Architect, Principal Jamie Benallo, AIA, NCARB, LEED AP BD+C Senior Architect, Senior Associate Ryan Sellinghausen, AIA, NCARB, LEED AP BD+C Architect, Senior Associate 25 Roles, Responsibilities and Qualifications Teresa Jackson, AFO, CPO Engagement Manager Teresa Jackson is a manager in BerryDunn’s Parks, Recreation and Libraries Practice, with an extensive background in community outreach, facilities management, public policy, project management and programming. Her experience in building strong relationships with team members, elected officials, partner organizations, and community members make her an ideal consultant on a variety of projects. Teresa is located in Colorado. As engagement manager, Teresa will work closely with our proposed project manager, J.R., providing oversight for the engagement. She will monitor project progress, track the initiation and completion of tasks and milestones, and manage the master planning process. James “J.R.” Clanton Project Manager J.R. is a senior consultant in BerryDunn’s Parks, Recreation, Libraries Practice with more than 13 years of public-sector experience in parks, recreation, open space, finance, capital planning, organizational development, and performance management. Seven years of his experience was in leadership roles for a Gold Medal Award winning municipal parks, recreation, and library system. J.R. is an expert in strategic management, skillful at identifying new funding sources and partnerships, overseeing capital improvement programs, analyzing business processes, creating cost recovery models, managing public-sector finances, and developing citywide operating budgets. As project manager, J.R. will serve as the City’s primary point of contact. He will monitor project progress, track the initiation and completion of tasks and milestones, and manage the master planning process. Below and on the following page(s), we introduce our proposed project team members, describe their roles and responsibilities, and detail their qualifications as they relate to delivering projects of this nature. All team members are available to complete this project. We are fully accessible when not on-site. Full resumes can be reviewed in Appendix A. 26 As subject matter experts, Rich, Adrian, Caylon, and Nikki will contribute specialized expertise throughout all aspect of the project. Rich Neumann, MPA Subject Matter Expert Rich is a senior consultant in BerryDunn’s Parks, Recreation, Libraries Practice. He is a recognized public-sector industry leader in marketing, communications, and branding, as well as a wildly creative parks, recreation, and cultural arts professional. He has proven success in community engagement, special events, strategic planning, marketing, and public relations. Rich is a sought- after presenter at professional association conferences across the country; additionally, his wildly creative events attract broad community participation and have been adopted by municipalities nationwide. Adrian Newman Subject Matter Expert Adrian Newman is a senior consultant in BerryDunn’s Parks, Recreation, Libraries Practice. He is an art and creative director specializing in editorial design, social media, and branding. He creates bold and unique design concepts for memorable experiences. Adrian offers a strong background in empathetic, community-centric design in the public and private sector. Focusing on client audience’s challenges and goals, his approach to creating project- branded communications and deliverables will be centered around listening and research, contributing to a meaningful strategic planning process. Caylon Vielehr Subject Matter Expert Caylon Vielehr is a consultant in BerryDunn’s Parks, Recreation, Libraries Practice. He has served in many roles throughout the last decade. He applies a keen interest in geographic information science and the impacts it has on our human landscape, social justice, and equality. Through his experience in program leadership, Caylon has worked personally with diverse populations and gained valuable experience in communication and public relations. Nikki Ginger Subject Matter Expert Nikki Ginger is a senior consultant for BerryDunn’s Parks, Recreation, Libraries Practice. With nearly 13 years of experience at the Chicago Park District, she brings a wealth of experience in urban parks and recreation. She has a diverse background in organizational and professional development, employee engagement, and staff training, and was a key member on achieving CAPRA accreditation and the National Gold Medal for the Chicago Park District. She joined BerryDunn with an eye toward helping agencies around the country engage and support staff and communities. 27 Sub-Consultants Gudmundur Jonsson, AIA, NCARB, LEED AP Sr. Architect, Principal | Populous Gudmundur brings more than 20 years of experience in programming and designing of sports and recreation centers and leads Populous’ recreation design studio in North America with the belief that designing cost effective, innovative, efficient, and award-winning facilities is achievable. Gudmundur has led a team of Populous designers and architects in developing what “The Future of Recreation” could be. These innovative design theories and ideas have led to some incredible results in recent recreation centers including the National Award-winning Central Recreation Center in Aurora, Colorado, and the Southeast Recreation Center. Jamie Benallp, AIA, NCARB, LEED AP BD+C Sr. Architect, Sr. Associate | Populous Jamie Benallo joins the Populous team with more than 15 years of architectural experience. She is a leader in the Sports, Recreation and Entertainment industry with expertise in community recreation and natatorium design. Her reputation is one of creating collaborative team environments including clients and consultants, which yield successful project outcomes and long-lasting working relationships. Her technical skills include programs like Revit, BIM 360, AutoCAD, Procore, and Bluebeam. Jamie is constantly improving her craft through new opportunities and regularly attends industry conferences to discuss trends in the marketplace and cutting edge technologies. She is a valuable member of any project team who will push the envelope on creative and efficient design solutions. Ryan Sellinghausen, AIA, NCARB, LEED AP BD+C Architect, Sr. Associate | Populous Ryan is a project architect working in the Denver office, and has experience working on a multitude of projects, phases, and clients. Since joining the Populous team, Ryan has been involved in every phase of a project, from project planning and interviews, through construction administration. Most notably, on the Aurora Central Recreation Center, Ryan was brought onto the team during the schematic design phase, and he ended as the primary project architect during construction administration. The Aurora Central Recreation Center also won the Engineering News Record’s National Project of the Year for 2019 for the sports/ entertainment category, something he was very proud to have won, and a project to be involved in. Ryan Murray Assistant Director of Research | ETC Mr. Murray has over 12 years of experience in survey administration, development, supervision, and research analysis. Throughout his tenure at ETC Institute, Mr. Murray has had the pleasure of working on survey projects that cover a wide variety of topics, including parks and recreation, community planning, customer satisfaction, transportation, employee, library, comprehensive planning, parks and recreation master plans, water and utility, and business development. 28 Timeline SECTION 05 29 Anticipated Schedule Below, we provide our anticipated schedule for completing the City’s requested scope of work. We expect this project to take approximately 12 months, and we look forward to working in collaboration with the City to formalize this schedule. We are happy to expedite or elongate this process as necessary to accommodate the City’s needs, while maintaining momentum throughout the work effort. 1. Project Management and Coordination 3. Evaluation of Current Level of Services 2. Establish Goals, Vision, and Objectives 4. Benchmarking and Comparison of Resources 5. Public Input 6. City-wide Parks and Recreation Interest Survey 7. Implementation and Action Plan 8. Draft and Final Master Plan 1 2 3 4 5 6 7 8 9 10 11 12 30 Insurance SECTION 06 31 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? 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THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. 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Berry Dunn McNeil & Parker2211 Congress StreetPortland, ME 04102 BERRDUN-03 HCTALBOT Clark Insurance1945 Congress Street, Bldg APO Box 3543Portland, ME 04104-3543 Heather Caston-Talbot, AAI, CIIP, CIC heather.caston-talbot@marshmma.com Hanover American Massachusetts Bay The Hanover Insurance Company Maine Employers Mutual Ins Co Travelers Property Casualty Co. of America X 4/30/2024 X X X X X X X X X X Affinity Insurance Services 1100 Virginia Drive, Suite 250 Fort Washington, PA 19034 Gretchen McCole 215-773-4600 gretchen.mccole@aon.com APL-188112791 04/01/2023 Continental Casualty Company 20443 Professional Liability Berry Dunn McNeil & Parker, LLC 2211 Congress Street Portland, ME 04102 $1,000,000 / $1,000,000 Limits shown are as requested. SIR applies per policy terms and conditions. 04/01/2023 04/01/2024 Berry, Dunn, McNeil & Parker, LLC 2211 Congress Street Portland, ME 04102 A Per Claim/Aggregate Limit 33 Reference Projects SECTION 07 34 BerryDunn recently completed a Parks, Recreation, Facilities, and Open Space Master Plan for the City of Pflugerville, Texas. Once completed, this plan will become part of the City’s Aspire 2040 plan. It offers an updated assessment of parks, recreation, open space, and trails within the City. This project included a thorough engagement effort with multiple ways to gather feedback from residents. Our team used a combination of in-person and online engagement tools using Social Pinpoint as an online engagement platform. We also used a mobile comment board traveling to various locations throughout the City. Our team created a project-specific brand to create buy-in and distinguish this plan for the community. We also created an inventory, level of service analysis, community needs assessment, and strategic plan. City of Pflugerville Shane Mize, Parks and Recreation Director 100 E. Main St. Pflugerville, TX 78660 512-990-6350 shanem@pflugervilletx.gov REFERENCE City of Pflugerville, Texas Parks, Recreation, and Open Space Master Plan LISTEN TO THE PODCAST 35 BerryDunn worked with the Town of Gilbert, Arizona on a Parks and Recreation Master Plan. Once completed, this plan will provide actionable strategies that will allow the City to continue its tradition of providing superior parks, recreation, and cultural programs. This CAPRA accredited agency offers a variety of programs and services to about 268,000 residents in the Phoenix metropolitan area. Our team conducted extensive outreach as part of this project, engaging members of the community through a variety of focus groups, pop-up events, and digital efforts. Our team also completed a program assessment linked with the City’s DEI toolkit and assessment. We also conducted an assessment of Department operations to recommend organizational efficiencies. Town of Gilbert Robert Carmona 90 E. Civic Center Dr. Gilbert, AZ 85296 480-503-6200 robert.carmona@gilbertaz.gov REFERENCE Town of Gilbert, Arizona Parks, Recreation, and Open Space Master Plan 36 BerryDunn completed a Parks, Recreation, and Open Space Infrastructure and Funding Analysis for the Town of Erie. The Town's population had grown substantially in the past 10 years. Erie has a well-loved parks, recreation, trails, and open space system and this population growth was putting a strain on current amenities. We worked with the Town to determine its current level of service and review funding sources for existing and future inventory and operations. This project consisted of staff engagement, creating an updated inventory and level of service analysis, a parks conditions assessment, updating demographics and population projections, and creation of capital investment strategies. Patrick Hammer Parks and Recreation Director 645 Holbrook St. Erie, CO 80516 303-926-2700 phammer@erieco.gov REFERENCE Town of Erie, Colorado Parks, Recreation, and Open Space Analysis 37 RELEVANCY + Community recreation + multiple sports under one roof + Community outreach program DESCRIPTION The new Aurora Central Recreation Center is the first ground up recreation center constructed in over 40 years for the town. The natatorium has multiple leisure pools with a variety of play features, a current channel, slide tower with a tube slide that extends outside the building, lap lanes and a warm water spa. The fitness area is open and inviting, situated on the upper level of the building. It is ringed with a meandering jogging track, connects to an exterior fitness balcony with views to west, and includes a fitness grandstand for a new take on functional fitness. Platforms and stretching areas allow fitness circuits to be provided in a new manner, thus creating variety for patrons. Designed to be more than a recreation center, this regional destination also features an interactive, technology-driven escape room and fully integrated art installations. CENTRAL RECREATION CENTER AURORA, CO ENR NATIONAL AWARD 2019 Best of the Best Sports + Entertainment 38 RELEVANCY + Community recreation + multiple sports under one roof + Community outreach program with more than 2,000 participants DESCRIPTION The new Aurora Southeast Recreation Center is the second ground up recreation center constructed in more than 40 years for the city. The incredible 600-acre site has potential for both city and mountain views that provide the community with a sense of place. A dynamic running track will take visitors on a journey through the building, changing elevation along the way. The recreation center will also feature a fieldhouse. Other program spaces include a gymnasium, fitness studios, community meeting rooms, community lounges, party rooms, aquatics center, a child watch room, locker spaces including individual change rooms and an open lobby and reception desk with views to all the major program elements. SOUTHEAST RECREATION CENTER + FIELDHOUSE AURORA, CO 39 Fee Proposal SECTION 08 40 Table 1 presents our proposed costs for completing the City’s requested scope of work. We propose a firm, fixed fee inclusive of all time, materials, and travel. We do not bill separately for expenses. If additional time or on- site work is required to reach deliverable acceptance, we are committed to delivering at that level with no cost increase to the City. These costs were developed based on the following factors: • Our detailed work plan narrative presented in our proposal • Our staffing plan and resource allocation, which provides the client with the appropriate number of resources and the ideal level of expertise to complete the tasks defined in the scope of work • Our experience conducting projects of similar scope and size Table 1: Proposed Costs by Phase PHASE COSTS HOURS Phase 1: Project Management and Coordination $19,733 95.5 Phase 2: Establish Goals, Vision, and Objectives $12,332 56.5 Phase 3: Evaluation of Current Level of Service $78,492 215 Phase 4: Benchmarking and Comparison of Resources $5,210 32.5 Phase 5: Public Input $39,280 166 Phase 6: City-wide Interest Survey $20,120 80 Phase 7: Implementation and Action Plan $59,660 96.5 Phase 8: Draft and Final Master Plan $15,172 83.5 TOTAL $249,999 833.5 Table 2: Hourly Rates PHASE COSTS Principal 300 Engagement Manager $210 Project Manager $200 Senior Consultant $210 Consultant $150 Administrative $120 Senior Architect $440 Senior Project Manager $355 Senior Project Architect $355 Senior Project Designer $355 Architect $205 Project Architect $245 Project Designer $245 41 Resumes APPENDIX A 42 EDUCATION AND CERTIFICATIONS Bachelor’s Degree, Recreation Administration, California State University Certified Aquatics Facility Operator (AFO) Certified Pool Operator (CPO) Teresa Jackson, AFO, CPO ENGAGEMENT MANAGER Teresa Jackson is a manager in our Parks, Recreation and Libraries Practice. She has more than 25 years of experience supporting municipal parks and recreation and special events departments, including as recreation manager for the City of Sacramento, California; special events manager for the City of Boulder, Colorado; and community center operations manager for Estes Valley Recreation and Park District, Colorado. She is highly skilled in community outreach, facilities management, programming, public policy, and project management. RELEVANT EXPERIENCE Project Management: Teresa is a talented project manager with experience leading parks and recreation master plans, feasibility studies, and cost recovery analyses. She focuses on building strong relationships with staff, elected officials, partner organizations, and community members. She has collaborated with non-profits, community-based organizations, and neighboring municipalities to deliver activities and programs in small, mid-sized, and large communities. Operations Analysis and Programming: Prior to joining BerryDunn, she led the development and implementation of the Estes Valley Recreation Center, a $27-million, 70,000-square-foot facility intended to house a multi-generational, multipurpose senior, aquatics, fitness, childcare, and library center. Policy Innovation: Teresa excels at identifying opportunities for progressive programming and management. While serving the City of Sacramento, she led a review of the City’s park code to allow for commercial uses in parks and community centers. She also managed a committee which established a city ordinance for special events. Cost Recovery: Teresa has supported several cost recovery initiatives for parks and recreation departments and districts. She leverages her public-sector background, consulting experience, and knowledge of industry best practices to help clients understand the full costs of providing services, identify cost-saving measures, and develop cost recovery and fee structure strategies. REPRESENTATIVE CLIENTS Georgetown, TX — Parks, Recreation, and Open Space Plan and Cost Recovery Study Glendale, AZ — Parks and Recreation Master Plan Johnson County Recreation and Park District, KS — Strategic Plan Kingman, AZ — Parks and Recreation Master Plan Mesa, AZ − Parks and Recreation Master Plan Tulsa, OK — Parks and Recreation Master Plan Update Valleywide Park and Recreation District, CA — Master Plan EDUCATION AND CERTIFICATIONS MLS, Emporia State University MPA, North Carolina State University BA, Public Policy Studies, Duke University MEMBERSHIPS AND AFFILIATIONS American Library Association Colorado Association of Libraries International City/County Management Association Colorado City and County Management Association National Recreation and Park Association (NRPA) James “J.R.” Clanton, MPA, MLS PROJECT MANAGER J.R. Clanton is a senior consultant in BerryDunn’s Parks, Recreation, Libraries practice. He leads our library strategic planning initiatives, leveraging his firsthand industry experience and his knowledge of current and emerging industry trends and best practices. He is able to balance the daily realities and responsibilities clients face with forward-thinking approaches to partnerships, social service alignment, technology advancements, and more. As a former public-sector budget analyst, he is committed to supporting clients as they pursue strategic goals while also responsibly managing public funding. RELEVANT EXPERIENCE Parks and Recreation Management: J.R.’s public-sector experience also includes serving as a senior management analyst for the City of Westminster’s parks, recreation, and libraries functions. In this role, he was responsible for a staff of over 1,000 and an annual budget of $24 million. He developed expertise in strategic management, creative funding strategies, and social services alignment, including diversity, equity, and inclusion efforts. Financial Management: J.R. is adept at leading large budget initiatives and undertakings and at finding creative ways to achieve funding goals. His past accomplishments include coordinating the development of a $200 million capital improvement program for the City of Boulder, Colorado. He is known to champion new technology and improved business processes, identify strategic partnerships, and create cost recovery models in order to responsibly manage public-sector finances. REPRESENTATIVE CLIENTS Gilbert, AZ − Parks, Recreation, and Open Space Master Plan Grand Forks Park District, ND − Recreation Center Feasibility Study Granby, CO − Comprehensive Plan Business Analyst Pflugerville, TX − Parks, Recreation, and Open Space Master Plan Rock Springs, WY − Parks and Recreation Strategic Plan EDUCATION AND CERTIFICATIONS B.S. Communications/B.S. English; James Madison University, Harrisonburg, VA PRESENTATIONS Outrageous Events—Incredible Results! Michigan Recreation and Parks Association Annual Parks Conference, Virtual Session, February 2021 Relieve Yourself From Creative Constipation, Alabama Recreation and Parks Association Annual Conference, Birmingham, AL, January 2019 / North Carolina Recreation & Park Association Annual Conference, Winston- Salem, NC, October 2018 Marketing Strategy: From Practical to Practically Insane, North Carolina Recreation & Park Association Annual Conference, Winston-Salem, NC, October 2018 / National Recreation and Parks Association Annual Conference Rich Neumann SR. CONSULTANT / SUBJECT MATTER EXPERT Rich Neumann is a senior consultant in our Parks, Recreation, Libraries Practice. He has more than 15 years of public-sector experience related to marketing, cultural affairs, communication, and branding. His unrelenting creativity and offbeat sense of humor allow him to look at opportunities and challenges from a unique perspective. He regularly helps clients envision new pathways, and he understands what is required to execute and implement new ideas in the public- sector landscape. RELEVANT EXPERIENCE Arts and Cultural Affairs: Prior to joining BerryDunn, Rich served as cultural affairs manager for the City of Westminster, Colorado, where he oversaw special events, public art, cultural heritage initiatives, and historic preservation. His experience includes leading a visual arts and cultural task force and helping to distribute cultural arts funding. As a consultant, Rich leverages these skills to support arts and culture initiatives and landmarks, generate excitement around community engagement efforts, and help clients plan their events strategies. Branding and Communications: Rich is an expert in creative communication. He has led dynamic creative services teams, developed marketing and engagement strategies in support of city branding initiatives, and grown social media audiences by as much as 500%, generating more than 17 million marketing impressions per year. He has managed internal, countywide communications as well, supporting executive staff and elected officials with media training, policy communication, and media relations. Community Engagement: Rich excels at developing targeted community engagement around master and strategic planning initiatives. His outgoing, personable, and thoughtful demeanor allow him to connect with community members, staff, leadership, elected officials, and partner agencies alike. His approach is creative, custom-fit, nuanced, and sensitive to the diverse needs of those involved. Innovation: Rich is known for developing unique, creative strategies and helping governments breakdown barriers to innovation. He excels at helping clients approach their challenges from new angles. He works with clients to develop custom solutions that meet the needs and character of the communities they support. While serving as communications manager for Adams County, Colorado, he was selected to serve on the County’s first Innovation Academy, sponsored by the Alliance for Innovation and Arizona State University. REPRESENTATIVE CLIENTS Adams County, CO—Riverdale Regional Park Master Plan Avondale, AZ—Parks and Recreation Master Plan Commerce City, CO—Parks, Recreation, and Golf Master Plan Gilbert, AZ—Parks, Recreation, and Open Space master Plan Greeley, CO—Parks, Recreation, Culture, and Golf Master Plan Hyland Hills Park and Recreation District, CO—Strategic Plan Rock Springs, WY—Parks and Recreation Strategic Plan EDUCATION AND CERTIFICATIONS BFA, Communication Design, Metropolitan State University of Denver Rocky Mountain College of Art and Design, Graphic Design PRESENTATIONS Design Like a Pro! For Minimal Dough, Brand+Aid, 2017, www. BrandAidConference.com CPRA-Colorado Parks & Recreation Association, 2018, www.cpra-web.org Adrian Newman, BFA SR. CONSULTANT / SUBJECT MATTER EXPERT Adrian Newman is a senior consultant in our Parks, Recreation, Libraries Practice. He is a talented graphic designer with a focus on government communications and marketing. His approach is analytical and data-driven while still being empathetic and community-centric. He offers clients creative solutions to their communications goals and proactively addresses communications challenges or concerns. RELEVANT EXPERIENCE Public-Sector Graphic Design: Adrian is a skilled graphic designer with a focus on government communications and marketing. Prior to joining BerryDunn, he served as a graphic designer for the Tri-County Health Department, Colorado; City of Westminster, Colorado; and Adams County, Colorado. He has provided design support for many other communities throughout the country. He regularly creates logos, branding strategies and standards, social media and web graphics, email newsletters, and layouts for magazine and publications. Branding Strategy: Adrian develops the project branding for many of BerryDunn’s parks, recreation, and library master and strategic planning initiatives. He works thoughtfully with communities and conducts listening sessions and research to develop brands that meaningfully contribute to the strategic planning process. Some of his successes include developing branding for the City of Salida, Colorado’s Salida Climate Action Plan, and the City of Modesto, California’s “Forward Together” campaign. REPRESENTATIVE CLIENTS Athens-Clarke County, GA – Leisure Services Comprehensive Plan Avondale, AZ – Parks and Recreation Master Plan Gilbert, AZ – Parks and Recreation Master Plan Greeley, CO – Culture, Parks, and Recreation Department Comprehensive Plan Oceanside Public Library, CA – Strategic Plan Vermont State Parks –Park Modernization Study EDUCATION AND CERTIFICATIONS Bachelor’s Degree, Philosophy, Fort Lewis College Peace Corps, Gambia, West Africa, Environmental Development, Agriculture Extension, and Beekeeping Training Caylon Vielehr CONSULTANT / SUBJECT MATTER EXPERT Caylon Vielehr is a consultant in our Parks, Recreation, and Libraries Practice. He specializes in using GIS analysis to help parks and recreation agencies inform their strategic decision making and future planning efforts. Specifically, he uses geo-reference amenities standards to conduct level of service (LOS) analysis. He understands the real-world impact geographic information science (GIS) has on social justice and equity, and he combines his technical analysis with his people-oriented personality and passion for the power of parks and recreation to improve lives and communities. RELEVANT EXPERIENCE GIS Analyst: Caylon has used his GIS expertise to support the development of more than 30 parks and recreation mater plans. He helps agencies use data—such as the number and size of parks, level of use, location in proximity to population clusters—to measure level of service, make fair and equitable decisions, and identify opportunities for improvement or increased investment. As part of this work, he compiles, inventories, and interprets datasets, develops maps and renderings, and delivers presentations. Local Government: In addition to providing GIS analysis to parks and recreation clients, Caylon has supported citywide initiatives for local governments. These projects have included a strategic plan for the City of Aurora, Colorado; a feasibility study for the City Tamarac, Florida; and an impact fee study for the City of Windsor, Colorado. He often provides demographic analysis, community outreach, public relations, and general project support. REPRESENTATIVE CLIENTS Avondale, AZ—Parks and Recreation Master Plan Burlington, NC – Parks an Recreation Master Plan Colonial Beach, VA – Parks and Recreation Master Plan Gilbert, AZ – Parks, Recreation, and Open Space Master Plan Mebane, NC – Parks, Recreation, and Open Space Plan and Bicycle and Pedestrian Master Plan Rock Springs, WY—Park and Recreation Strategic Plan EDUCATION AND CERTIFICATIONS MA, Educating Adults, DePaul University BA, Marketing and Psychology, DePaul University Certified Parks and Recreation Executive (CPRE), National Recreation and Park Association (NRPA) NRPA Directors School, 2019 Society of Human Resource Management – Senior Certified Professional (SHRM-SCP) MEMBERSHIPS AND AFFILIATIONS NRPA Illinois Park and Recreation Association (IPRA) Nikki Ginger, MAEA, CPRE, SHRM-SCP SR. CONSULTANT / SUBJECT MATTER EXPERT Nikki Ginger is a senior consultant in our Parks, Recreation, Libraries Practice. She has more than a decade of urban parks and recreation leadership experience, including nearly 13 years of experience with the Chicago Park District, where she helped to lead the District’s CAPRA accreditation and earn National Gold Medal recognition. She has a diverse background in organizational and professional development, employee engagement, and staff training, and she excels at helping agencies engage and support their staff and communities. RELEVANT EXPERIENCE Staff Development: Nikki has a strong track record of motivating and inspiring staff. While serving the Chicago Park District, she worked with executive leadership to develop a workforce development team and structure. Then, as director of workforce development, Nikki supported a staff for than 3,000 from onboarding through retirement. She created a professional development program; directed a new employee interview process to increase employee retention and ensure alignment of the right candidate to the right position; and she led a staff engagement strategy built around online resources, regular communications, and social support tools. Organizational Improvement: Nikki has a proven ability to revamp and reenergize parks and recreation programs. She shares related insights and thought leadership regularly at national and state conferences and through the nationally recognized NRPA Certified Parks and Recreation Professional (CPRP) training program. She has firsthand experience leading organizational improvement—for instance, during her time with the Chicago Park District, she launched “innovation sessions” to gather operational information and share opportunities for improvement with executive leadership. Equity and Mentorship: While serving the Chicago Park District, Nikki oversaw the development of diversity, equity, and inclusion tools, including racial and resilience townhalls, and educational offerings. She formalized university relations, oversaw development of internship program, and helped negotiate educational discounts of up to 25% for Chicago Park District staff. REPRESENTATIVE CLIENTS Elmhurst Park District, IL—Comprehensive Plan Loudoun County, VA—Strategic Plan for Parks and Recreation Wilmette Park District, IL—Strategic Plan Town of Gilbert, AZ—Parks, Recreation, Trails, and Open Space Plan Illinois Park and Recreation Association—Strategic Plan Gudmundur brings more than 20 years of experience in programming and designing of sports and recreation centers and leads Populous’ recreation design studio in North America with the belief that designing cost effective, innovative, efficient, and award-winning facilities is achievable. Gudmundur has led a team of Populous designers and architects in developing what “The Future of Recreation” could be. These innovative design theories and ideas have led to some incredible results in recent recreation centers including the National Award-winning Central Recreation Center in Aurora Colorado and the Southeast Recreation Center. Gudmundur strongly believes that the foundation of successful projects is collaboration that includes the client group, stakeholders, community members, operators, AHJs, and the design consultant team. He has a thorough understanding of how recreation facilities should operate, from day-to-day operations to efficiently functioning mechanical systems. This knowledge is paramount when designing facilities, so they operate as effectively 20 years down the road as they did the day they opened. RELEVANT PROJECT EXPERIENCE The Center, Cary, NC: New 300,000 sq ft community and sports center Vail Dobson Community Center Renovation + Addition, Vail, CO City of Aurora Central Recreation Center, Aurora, CO City of Aurora, Southeast Recreation Center and Fieldhouse, Aurora, CO University of Puget Sound Athletics and Aquatic Center, Tacoma, WA Highlands Aquatic Center, Aurora, CO Syracuse University Barnes Center at the Arch, Syracuse, NY City of Aurora Meadowood Recreation Center Conceptual Study, Aurora, CO Recreation Center at Northridge, Addition and Renovation, Highlands Ranch, CO Phillip S. Miller Aquatics and Fieldhouse, Castle Rock, CO* Adams County Multi-Purpose Arena, Adams County, CO Recreation Center at Southridge, Highlands Ranch, CO* Recreation Center at Westridge, Highlands Ranch, CO* The Bay Aquatics Park, Broomfield, CO Parker Recreation Center, Parker, CO* Beck Recreation Center, Aurora, CO* Grand Park Recreation Center, Fraser, CO* Fruita Community Recreation Center and Library, Fruita CO* Fraser Ice Facility, Fraser, CO* Northside Aztlan Recreation Center, Fort Collins, CO* Town of Eagle Pool and Ice Facility, Eagle, CO* Raton Recreation Center and Aquatics Facility, Raton, NM* Old Town Hot Springs, Steamboat Springs, CO* *Denotes work experience completed with another firm EDUCATION Bachelor of Science in Design, Arizona State University Master of Architecture, University of Colorado, Denver REGISTRATIONS Registered Architect: Colorado, Washington, Texas, North Carolina NCARB Certified LEED AP MEMBERSHIPS American Institute of Architects (AIA) GudmundurJonsson, AIA, NCARB, LEED AP SENIOR ARCHITECT, PRINCIPAL Jamie Benallo joins the Populous team with more than 15 years of architectural experience. She is a leader in the Sports, Recreation and Entertainment industry with expertise in community recreation and natatorium design. Her reputation is one of creating collaborative team environments including clients and consultants, which yield successful project outcomes and long-lasting working relationships. Her technical skills include programs like Revit, BIM 360, AutoCAD, Procore, and Bluebeam. Jamie is constantly improving her craft through new opportunities and regularly attends industry conferences to discuss trends in the marketplace and cutting edge technologies. She is a valuable member of any project team who will push the envelope on creative and efficient design solutions. RELEVANT PROJECT EXPERIENCE The Center, Cary, NC Bison Ridge Recreation Center, Commerce City, CO* Parker Recreation Center Expansion, Parker, CO* Green Valley Ranch Pool Addition, Green Valley Ranch, CO* Congress Park Pool Reconstruction, Denver, CO* University of Mississippi Gillom Center Renovation (Collegiate Basketball and Volleyball), Oxford, MS* The Creek at Dominguez Hills - Concept Masterplan, Carson, CA* Metropolitan State University of Denver C2 Hub Program Master Plan - Denver, CO* Bison Ridge Recreation Center, Commerce City, CO* Dillon Amphitheater Renovation. Dillon, CO* Denver Broncos Pat Bowlen Fieldhouse, Englewood, CO* Robins Center Renovation, University of Richmond - Richmond, VA* U.S. Olympic Training Center, Colorado Springs, CO* University of Notre Dame, Athletics Masterplan Study, South Bend, IN* Cumberland County Community Center, Cumberland, ME* *Denotes work experience completed with another firm EDUCATION Master of Architecture, University of Colorado-Denver Bachelor of Environmental Design, University of Colorado-Boulder REGISTRATIONS Registered Architect: Colorado NCARB Certified LEED AP BD+C MEMBERSHIPS American Institute of Architects (AIA) THOUGHT LEADERSHIP Facades Conference Speaker (2022) Colorado Parks and Recreation Association Annual Conference Speaker (2020 and 2021) JamieBenallo, AIA, NCARB, LEED AP BD+C SENIOR ARCHITECT, SENIOR ASSOCIATE Ryan is a project architect working in the Denver office, and has experience working on a multitude of projects, phases, and clients. Since joining the Populous team, Ryan has been involved in every phase of a project, from project planning and interviews, through construction administration. Most notably, on the Aurora Central Recreation Center, Ryan was brought onto the team during the schematic design phase, and he ended as the primary project architect during construction administration. The Aurora Central Recreation Center also won the Engineering News Record’s National Project of the Year for 2019 for the sports/ entertainment category, something he was very proud to have won, and a project to be involved in. Other notable accomplishments include leading a very successful public outreach process for the City of Aurora for the Southeast Recreation Center, in which five public meetings were held to gather community input for the programming, concepts, and aesthetics that the community likes the most. He brings experience in BIM, including massing studies and design, through consultant coordination and organization in leading a design team to a successful project. Ryan has worked on many different project types, presenting different constraints and opportunities, whether they are new construction or renovations, and working on solutions for existing architecture. RELEVANT PROJECT EXPERIENCE The Center, Cary, NC Central Recreation Center, Aurora, CO Southeast Recreation Center and Fieldhouse, Aurora, CO Recreation Center at Northridge, Lobby Addition and Renovation, Highlands Ranch, CO Recreation Center at Northridge, Locker Rooms Renovation, Highlands Ranch, CO Recreation Center at Eastridge, Lobby Renovation, Highlands Ranch, CO Recreation Center at Eastridge, Locker Rooms Renovation, Highlands Ranch, CO Recreation Center at Eastridge Pool Mechanical Renovation, Highlands Ranch, CO Meadowood Recreation Center Conceptual Study, Aurora, CO Adams County Multi-Use Arena, Henderson, CO University of Colorado-Boulder Champions Center Fuel Bar, Boulder, CO University of Colorado-Boulder Dal Ward Nutrition Offices, Boulder, CO University of Colorado-Boulder Potts Field & Prentup Field Renovations, Boulder, CO University of Colorado-Boulder Athletic Hall of Fame Renovation, Boulder, CO Coors Field Club Renovations, Denver, CO University of Denver, Ritchie Wellness Center Renovation and Expansion, Denver, CO EDUCATION Bachelor of Environmental Design, University of Colorado Boulder, CO Master of Architecture, University of Colorado Denver, CO REGISTRATIONS Registered Architect: Colorado NCARB Certified LEED AP BD+C MEMBERSHIPS American Institute of Architects (AIA) RyanSellinghausen, AIA, NCARB, LEED® AP BD+C ARCHITECT, SENIOR ASSOCIATE RYAN MURRAY Assistant Director of Community Research ETC Institute 725 W. Frontier Circle, Olathe, KS 66061 ryan.murray@etcinstittue.com (913) 254-4598 EDUCATION B.S., Public Administration, The University of Kansas SUMMARY OF EXPERIENCE Mr. Murray has over 12 years of experience in survey administration, development, supervision, and research analysis. Throughout his tenure at ETC Institute Mr. Murray has had the pleasure of working on survey projects that cover a wide variety of topics, including parks and recreation, community planning, customer satisfaction, transportation, employee, library, comprehensive planning, parks and recreation master plans, water and utility, and business development. His current role as Project Manager includes survey design, developing sampling plans, quantitative and qualitative data analysis, interpretation of results, and presentation of findings. In his previous role he planned, coordinated and supervised the administration of large-scale origin-destination transportation studies on over a dozen projects throughout the country. Mr. Murray has worked as a Project Manager on projects for over 50 state, county, local, and private sector clients. Below are some examples of the clients Mr. Murray has worked for. PARKS AND RECREATION PROJECT EXPERIENCE Mr. Murray has served as a project manager for over 100 parks and recreation surveys for local governmental organizations. Some of these organizations include: • Aberdeen, South Dakota • Addison, Texas • Albemarle County, Virginia • Ankeny, Iowa • Arlington County, Virginia • Auburn, Georgia • Austin, Texas • Barrington, Illinois • Beaver Creek, Ohio • Bend, Oregon • Berkshire Township, Ohio • Billings, Montana • Cape Coral, Florida • Chandler, Arizona • Chatham County, North Carolina • Cincinnati, Ohio • Coconut Creek, Florida • Colleyville, Texas • Corpus Christi, Texas • Dallas County, Iowa • Dania Beach, Florida • Deerfield Township Ohio • Delaware County, Ohio • Denver, Colorado • Derby, Kansas • Downers Grove, Illinois • Dundee, Illinois • Durango, Colorado • Eau Claire, Wisconsin • Edgewater, Colorado • Elon, North Carolina • Estero, Florida By working with BerryDunn, we were able to create a great roadmap for the future of Evergreen Park and Recreation District and the community. BerryDunn’s approach was unique in two ways; (1) They used creative engagement techniques to incorporate a wide range of voices into the Plan and (2) They expanded our Board’s role in drafting the community survey, analyzing results of community engagement, and prioritizing initiatives to meet the Board’s desire to be closely involved in the project. BerryDunn helped build consensus to get everyone to the end together.” - Evergreen Park and Recreation District 53 berrydunn.com ITEM NO: 5 DATE: March 25, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD THE STORMWATER MASTER PLAN PROJECT TO RESPEC COMPANY, LLC OF DENVER, COLORADO, AND APPROVE SUBSEQUENT PAYMENTS IN THE AMOUNT OF $189,755, WITH A CONTINGENCY AMOUNT OF $10,245, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $200,000 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________ Director of Public Works City Manager ISSUE: The City experienced a series of storm sewer pipe failures in 2023. It was determined that an increased level of investment in maintenance, repairs and upgrades to the system is necessary to provide adequate protection to life, safety, and property. A previous Stormwater Master Plan was created in 1979. Since that time, minimal planning and analysis has been completed, therefore, a comprehensive evaluation is required. The Plan will provide an assessment of the current system, development of immediate and future needs along with recommendations for improvements, a capital plan, and an implementation schedule. This effort will also include an evaluation of a stormwater utility fee for the community. Optional pricing is being sought for review and recommendations of the city’s current development standards related to drainage and runoff. Council Action – Stormwater Master Plan Contract Award March 25, 2024 Page 2 Staff recommends awarding a contract to RESPEC Company, LLC of Denver, Colorado in the amount of $189,755 plus a staff-managed contingency of $10,245 for a total not-to-exceed amount of $200,000. PRIOR ACTION: None FINANCIAL IMPACT: Funding for this project was included and approved in the 2024 CIP Budget in the amount of $200,000. RESPEC’s proposal for the anticipated elements of the work, including the optional task, is broken down as follows: Budgeted Amount $200,000 Project Coordination $19,955 Data Collection and System Analysis $61,135 Capital Plan and Implementation $22,945 Public Outreach and Input $12,565 Fee Analysis $17,760 Master Plan Development $23,715 Optional Task-Development Standards Review and Modifications $16,680 Sub-Total Cost $174,755 Direct Costs $15,000 Total Cost $189,755 A staff-managed contingency of the remaining budgeted amount ($200,000 less $189,755) of $10,245 is recommended to allow for some additional analysis or data collection, if needed. This contingency will only be utilized as needed. BACKGROUND: The City issued a Request for Proposals (RFP) on January 11, 2024, to solicit proposals from engineering firms to prepare a Stormwater Master Plan to address the maintenance, infrastructure and capital needs of the stormwater system. The goal of the Stormwater Master Plan is to create a blueprint for rehabilitation and/or improvement of the existing stormwater system within the city. The Plan will include an assessment of the current system, development of immediate and future needs with recommendations for prioritization of improvements, a capital plan, and a schedule for implementation of the program over the next 10 years. A stormwater utility fee is anticipated to be necessary to provide long-term funding for the program. Therefore, the Plan shall also provide recommendations for implementation of the fee, based on the needs of the Program. Optional pricing was also sought for review of the city’s current development standards related to drainage and runoff in relation to Mile High Flood District requirements and provision of recommendations for modifications. Council Action – Stormwater Master Plan Contract Award March 25, 2024 Page 3 A mandatory pre-proposal meeting was held on January 24, 2024, with eleven firms attending. Three proposals were received by the February 14, 2024, deadline. A staff team reviewed and rated the proposals based on the following, weighted criteria: Evaluation Criteria Weight Project Understanding and Management Approach 25% Team 20% Price Proposal 30% Experience and Technical Capability 20% Company Profile 5% Total 100% RESPEC received the highest rating from each member of the review team. RESPEC has prepared more than 30 stormwater master plans for communities and geographies throughout Colorado and have extensive experience preparing community design criteria and standards. Over the next several months, the results of the Stormwater Master Plan will be utilized, in conjunction with staff analysis in other areas, to present a comprehensive approach to managing the Stormwater Program including: • Planning • Maintenance • Capital Investment • Financing Project Schedule All work on the Plan is expected to be completed by the end of September 2024 which will align with the 2025 budget discussions. The overall approach to the Stormwater Program will be presented in September/October 2024, once the Plan is complete. RECOMMENDATION: Staff recommends that City Council approve, by motion, a contract with RESPEC Company, LLC in the amount of $189,755 for the Stormwater Master Plan Project, with allowance for a $10,245 staff-managed contingency for a total not-to-exceed amount of $200,000. RECOMMENDED MOTION: “I move to award the Stormwater Master Plan Project to RESPEC Company, LLC and approve subsequent payments in the amount of $189,755, with a contingency amount of $10,245 for a total not to exceed amount of $200,000.” Or, “I move to deny award of the Stormwater Master Plan Project to RESPEC Company, LLC for the following reason(s) __________________.” Council Action – Stormwater Master Plan Contract Award March 25, 2024 Page 4 REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Whitney Mugford-Smith, Procurement Manager Patrick Goff, City Manager ATTACHMENTS: 1. Draft Contract with RESPEC Company, LLC 2. Exhibit B - RESPEC Proposal 3. Exhibit A - Stormwater Master Plan Request for Proposals Stormwater Master Plan Contract #24-106 THIS AGREEMENT made this 25th day of March 2024, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and RESPEC Company, LLC, 720 S. Colorado Blvd. Ste. 410 S, Denver, CO 80246 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 will provide at a minimum all the professional services required for creating a Stormwater Master Plan to address maintenance, infrastructure and capital needs of the system, as more fully described in the RFP (Exhibit A), the Vendor’s response to the RFP (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. The City anticipates this effort to be completed by the end of September 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 eighty-nine thousand, seven hundred fifty-five dollars, ($189,755) as full payment for such services. The City will reserve ten thousand, two hundred forty-five dollars ($10,245) for staff managed contingency funds in the case of unforeseen project needs. 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 - Reserved ATTACHMENT 1 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 except for worker’s compensation and professional liability. 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 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. Nothing herein shall be construed to require Contractor to indemnify City for City’s own negligence. 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 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: Maria D’Andrea Alan Leak Office Phone: 303-205-7601 303-909-8670 Email Address: mdandrea@ci.wheatridge.co.us Alan.leak@respec.com Address: 7500 W 29th Ave. 720 S. Colorado Blvd. Ste. 410S City, State, Zip Code Wheat Ridge CO, 80033 Denver, CO 80246 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. City acknowledges that such products are not intended or represented to be suitable for use on the Project unless completed by Contractor, or for use or reuse by City or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Contractor; any such use or reuse, or any modification of the products, without written verification, completion, or adaptation by Contractor, as appropriate for the specific purpose intended, will be at City’s sole risk and without liability or legal exposure to Contractor or to its officers, directors, members, partners, agents, employees, and Subconsultants. ARTICLE 19 – PERSONALLY IDENTIFIABLE INFORMATION (PII) Contractors, consultants, business partners and vendors that handle, process or work in areas where personally identifiable information may reside in hard copy or electronic records must maintain the confidentiality of all Personally Identifiable Information (PII). Violation may result in contractual penalties and termination of the business relationship with the City. In extreme cases criminal punishment under Colorado Law (C.R.S. § 24-73- 101) may occur. ARTICLE 20 - 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 21 - ACCESSIBILITY Contractor(s) and solutions complies with all applicable provisions of §§24-85-101, et seq., C.R.S., [1] and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103(2.5). Contractor also complies with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1, as described in State of Colorado Technical Standard TS-OEA-002, Technology Accessibility for Web Content and Applications when developing solutions for the state. The Contractor agrees to indemnify, save, and hold harmless the state, its employees, agents and assignees (collectively, the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to the Contractor’s failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85- 103(2.5). Any additional costs to add accessibility features will be the obligation of the Contractor, and any addition or change to the Price Proposal will be disallowed. ARTICLE 22 - 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. ARTICLE 23 - 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 ARTICLE 24 – 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 ______________________________________ __________ Maria D’Andrea, Public Works Director Date Signed ______________________________________ __________ Patrick Goff, City Manager Date Signed ARTICLE 25 – 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) APPROVED AS TO FORM: GERALD DAHL, CITY ATTORNEY CONTRACTOR RESPEC Company, LLC Alan Leak 720 S. Colorado Blvs. Ste. 410S Denver, CO 80246 AUTHORIZED SIGNATURE ATTEST TO CONTRACTOR: NAME PRINTED NAME TITLE DATE SUBMITTED TOCity of Wheat Ridge7500 West 29th AvenueWheat Ridge, CO 80033 SUBMITTED ON February 14, 2024 RSI/P-9702 RESPONSE TO REQUEST FOR PROPOSALS Stormwater Master Plan RFP-24-106 SUBMITTED BYRESPEC Company, LLC720 South Colorado Boulevard Suite 410 SDenver, CO 80246 ATTACHMENT 2 EXHIBIT B RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 i Table of Contents TABLE OF CONTENTS ................................................................................................................................................. i SIGNATURE PAGE AND FORMS Proposer Information and Addendum Acknowledgement Non-Discrimination Assurance Form Non-Collusion Affidavit Vendor Qualifications Form Reference Authorization Form Exhibit B. Affidavit - Not included because RESPEC is not an individual or sole proprietor PROPOSAL TRANSMITTAL LETTER PART 1|EXECUTIVE SUMMARY ............................................................................................................................. 1 PART 2 | EXPERIENCE AND TECHNICAL CAPABILITY ...................................................................................... 1 RESPEC Introduction ....................................................................................................................................... 1 Master Plan Benefits to Project Sponsors ............................................................................................... 2 Our Team ............................................................................................................................................................. 3 Key Personnel Experience ............................................................................................................................. 3 Firm Experience ................................................................................................................................................. 5 PART 3 | PROJECT UNDERSTANDING AND MANAGEMENT APPROACH ..................................................... 8 PART 4 | DRAFT PROFESSIONAL SERVICES AGREEMENT PART 5 | PROJECT PRICE PROPOSAL REFERENCES APPENDIX A. EXHIBIT C. ACCEPTANCE OF CONDITIONS APPENDIX B. RÉSUMÉS SIGNATURE PAGE AND FORMS Proposer Information and Addendum Acknowledgement Non-Discrimination Assurance Form Non-Collusion Affidavit Vendor Qualifications Form Reference Authorization Form Exhibit B Affidavit - not included Because RESPEC is not an individual or sole proprietor. 23 RFP-24-106-STORMWATER MASTER PLAN PROPOSER INFORMATION AND ADDENDUM ACKNOWLEDGMENT FEIN / SSN (Required) DUNS Federal ID number COMPANY NAME ADDRESS CITY STATE ZIPCODE PHONE CELL AUTHORIZED SIGNATURE REQUIRED—MUST BE IN INK or Digital PRINTED NAME TITLE EMAIL PROPOSER IS RESPONSIBLE FOR FOLLOWING UP ON ALL ADDENDA ACKNOWLEDGE ADDENDA: Proposer is responsible for confirming receipt of each addendum; please initial as applicable. #1 #2 #3 #4 DO NOT CONTACT THE REQUESTING DEPARTMENT OR MEMBERS OF THE EVALUATION COMMITTEE Signature acknowledges that proposer: 1) Has read the 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 this form with your bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. CELL EQUIRED—MUMUMUMUMUMUMUMUUMMMMUMUMMUUUMUUUMUMMMMMMUUUMUMUUMMMMUUMUUMUMMUMMMMUUMUMUUMMMUUMUUUMMMUMMUMUUMMUMMMUMUMMUMUMMMUUMMMMMUMMMMMMMUMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMST BE IN INK or RESPEC Company, LLC 720 South Colorado Boulevard, Suite 410 S Denver CO 80246 720.775.6406 Ext.1404 303.909.8670 Alan Leak, PE Principal-In-Charge Alan.Leak@respec.com 83-2898293 116983520 24 Title VI of the Civil Rights Act of 1964 prohibits discrimination of the basis of race, color or national origin by any entity receiving Federal financial assistance. The City of Wheat Ridge is a recipient of Federal financial assistance and as such, it—as well as all of its responsible agents, contractors and consultants—is required by the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 (the Regulations) to assure nondiscrimination. The City of Wheat Ridge assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, or national origin under any program or activity conducted by the City. All bidders are hereby notified that the City of Wheat Ridge will affirmatively ensure that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. This applies to all solicitations for bids for work or material subject to the Regulations, and for all proposals for negotiated agreements. The bidder, whose name and signature appear below, certifies and agrees as follows: 1. The bidder shall comply with the provisions of Title VI of the Civil Rights Act of 1964. 2. The bidder assures the City of Wheat Ridge that disadvantaged business enterprises are afforded full opportunity to submit bids as sub-contractors or sub-consultants and will not be discriminated against on the grounds of race, color or national origin in consideration for award. 3. The bidder shall comply with all reasonable requests made in the course of an investigation of Title VI, the Regulations and this assurance by the Colorado Department of Transportation, the US Department of Transportation or the City of Wheat Ridge, as a sub-recipient of Federal financial assistance. 4. The bidder agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under Title VI, the Regulations and this assurance. FIRM: (Print full legal name of company) AUTHORIZED SIGNATURE: Printed Name and Title: Date Certified and Agreed: Attestation: (A corporate attestation is required) Place corporate seal below: BY: Corporate Secretary or Equivalent Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. CITY OF WHEAT RIDGE, CO NON-DISCRIMINATION ASSURANCE FORM TITLE VI REGULATIONS AT 49 CFR PART 21 (A cococoooooooooooooooooooooooooooooooooorprrrrrrrrrrrrrrorate attestation is requir PlPPlPPPPlPlPPPPPPlPlPPlPPPPPPlPlPlPPPlPPPlllPacacacacacacacacacccacacacacccacaccaccacacaaaaaaccacaaacccaaaaaaaaaeee eeeeeeeeeeee cooococococococcococococococooocococoooooocococoooccccoocoococococooocrprprppprprprrprprrpprpprppprrprprprrrrrpprrororororororrrorrroooooorrroroorororoorooororooorroorrataataatataaatatataaatattaaattaattattattaaaaattaattatattaaatttte eeee eeee eeeeeeeeeeeeeeeeeeeeee seseseseseeeseeeseeseeeseseeeseseseeeeessssssalaaaaaaaaaaaaaaaaaaaaa bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbeleeeeeeeeeeeeeeeeee id/ l iliiilliillll bid RESPEC Company, LLC Rick Moser, PE, Vice-President February 5, 2024 Karla Lipp, CAP, Corporate Secretary 25 COMPANY SUBMITTING BID ________________________________________________ STATE OF: COUNTY OF: __________________________________________________________ of lawful age, being duly sworn, on oath says that (s)he is the agent authorized by the Bidder to submit the attached bid. Affidavit further states that the Bidder has not been a party of any collusion among Bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or any Federal, State or Municipal official or employees as to quantity, quality, or price in the prospective Contract, or any other items of said prospective Contract; or in any discussions between bidders and any Federal, State or Municipal official concerning exchange of money or other thing of value for special consideration in the letting of a Contract. NAME TITLE Subscribed and sworn to before me this day of , 20__ NOTARY PUBLIC SIGNATURE My Commission Expires: Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. CITY OF WHEAT RIDGE, CO NON-COLLUSION AFFIDAVIT RFP-24-106-STORMWATER MANAGEMENT PLAN Rebecca McClure Accountant 5th February 24 July 29, 2024 26 SECTION I - IDENTIFICATION 1. Identification of Applicant Firm A. Exact Legal Name of Applicant Firm DUNS # B. Address City State Zip Code C. Mailing Address, if different from above D. Primary Company Telephone No. Fax No: E. Applicant Firm's Contact Person for Public Works Office follow-up: Printed Name Title Telephone Number Email address F. Has the Applicant Firm changed its address or has the Firm or its Owner(s) operated under any other name(s) including other DBAs in the past five years? If yes, explain fully on a separate sheet of paper. No Yes G. Type of business organization: YEAR organization established: NUMBER of current full-time employees: Sole Proprietor Corporation Date and State of Incorporation Limited Partnership General Partnership Date and State of Partnership filing Limited Liability Company Limited Liability Partnership Date and State of filing Other (describe) H. Type of service(s) to be provided to the City of Wheat Ridge. CITY OF WHEAT RIDGE, CO VENDOR QUALIFICATION FORM RFP-24-106-STORMWATER MASTER PLAN 6HHQH[WSDJHIRUH[SODQDWLRQ RESPEC Company, LLC 116983520 720 South Colorado Boulevard, Suite 410 S Denver CO 80246 Same 303.757.3655 NA Alan Leak, PE Principal-In-Charge 720.775.6406 Ext.1404 Alan.Leak@respec.com Limited Liability Company 1969 526 South Dakota - 2019 ✔ ✔ RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 Vendor Qualification Form | Attachment SECTION I - IDENTIFICATION 1. Identification of Applicant Firm F. Has the Applicant Firm changed its address or has the Firm or its Owner(s) operated under any other name(s) including other DBAs in the past five years? If yes, explain fully on a separate sheet of paper. – YES RESPONSE: RESPEC has been operating since June 1969. From 1969 through 2019, RESPEC was operating as an S-Corp (RE/SPEC, Inc.) In 2019, in an effort to support its ESOP, RESPEC re-organized as an limited Liability Company (RESPEC Company, LLC). 27 General Contractor Concrete Flatwork Storm Sewer Concrete Structures Traffic Signals Slurry Seal Grading Fog Seal Asphalt Paving Crack Sealing Concrete Paving Landscaping Signing Striping Traffic Control Other (describe) SECTION II - OWNERSHIP/MANAGEMENT, PROJECT MANAGEMENT, SUPERVISORS, AND RELATED ENTITIES 1. Owners List Owners of Applicant Firm: Legal Name Title Experience (# of years) % of Ownership (Use additional sheets if necessary) 2. Project Management Team, Supervisors and Employees Who will be Working Directly on the Project(s) List the full names of the primary employees of the proposed Project Team. Legal Name Current Position Experience (# of years) % of Time Devoted to Project Professional Licenses (Use additional sheets if necessary) 3. Résumés Attach résumés of the Project Management Team, showing the last five years of employment in this field. Résumés must be comprehensive and include firms worked for and dates of employment; they are not required from materials suppliers. 6HHDWWDFKHGSDJHIRUDGGLWLRQDOHPSOR\HHV 5pVXPpVDUHSURYLGHGLQ$SSHQGL[% 5(63(&,QFLVRZQHGE\WKH5(63(&(PSOR\HH6WRFN 2ZQHUVKLS7UXVWLQZKLFKDOOHPSOR\HHVDUHHOLJLEOHIRUVKDUHVDQGQR LQGLYLGXDOHPSOR\HHRZQVPRUHWKDQ Stormwater Master Plan RE/SPEC Inc. Parent Company 98% Other Employee Individuals 2% Alan Leak Principal-In-Charge 42 10 PE 0024167 Melissa Bryant Project Manager 24 40 PE 0063548, CFM, PMP Lee Rosen QA/QC 16 20 PE 00 46350, CFM John Costello Project Engineer 4 50 ✔ RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 Vendor Qualification Form | Attachment SECTION II - OWNERSHIP/MANAGEMENT, PROJECT MANAGEMENT, SUPERVISORS, AND RELATED ENTITIES 2. Project Management Team, Supervisors and Employees Who will be Working Directly on the Project(s) List the full names of the primary employees of the proposed Project Team. RESPONSE: Please see additional employees listed in table below. Legal Name Current Position Experience (# of years) % of Time Devoted to Project Professional Licenses William Lynn Project Engineer 3 40 PE 0063184 William Meceir Project Scientist 6 40 Carolyn Macek Project Scientist 7 30 Willow Hassel Project Scientist 5 30 28 SECTION III – CONTRACTING HISTORY 1. Contracting History Include three (3) references for similar projects completed by the proposed team. 2. 1. Company Name Contact Name Street Address City State Zip Phone # Fax # Contact Name Contact Email Address Contract Amount $ Start/Completion Dates Description of Work Type of Contractor (circle one): Prime Sub-contractor 3.Company Name Contact Name Street Address City State Zip Phone # Fax # Contact Name Contact Email Address Contract Amount $ Start/Completion Dates Description of Work Type of Contractor (circle one): Prime Sub-contractor 2.Company Name Contact Name Street Address City State Zip Phone # Fax # Contact Name Contact Email Address Contract Amount $ Start/Completion Dates Description of Work Type of Contractor (circle one): Prime Sub-contractor City of Arvada, Colorado Andy Stewart 8101 Ralston Road Arvada CO 80002 303.455.6277 NA Andy Stewart (now at Mile High Flood District) astewart@mhfd.org $317,190 5/2019 - 11/2021 RESPEC prepared a Stormwater Master Plan, which included preparing a large hydrologic model that utilizes CUHP, SWMM and a 2-D model. RESPEC also created a web-based system for reviewing and sharing modeling. Mile High Flood District (MHFD) Teresa Patterson 12575 W Bayaud Avenue Lakewood CO 80228 303.455.6277 NA Teresa Patterson tpatterson@mhfd.org Phase 1 & 2 - $270,630 2021 - ongoing RESPEC worked with the Denver International Airport (DIA), Urban Drainage & Flood Control District, and four other municipalities to develop a Major Drainageway Plan and Flood Hazard Area Delineation for Second Creek. Douglas County, Colorado Deborah Kula 100 Third Street Castle Rock CO 80104 303.660.7490 NA Deborah Kula dkula@douglas.co.us 100,000 annually 2020 - ongoing Due to an aging storm sewer system, RESPEC has been providing storm sewer asset management support for the County since 2020. This support has grown to include the full spectrum of asset management support. 29 SECTION III – CONTRACTING HISTORY, CONT. In the past five years has the applicant firm or any affiliate been the subject of any of the following actions: x Suspended, debarred, disqualified, or otherwise declared ineligible to bid? No Yes x Failed to complete a contract for a commercial, private owner, or government agency?No Yes x Been denied a low-bid contract in spite of being the low bidder? No Yes x Had a contract terminated for any reason, including default? No Yes x Had liquidated damages assessed against it during or after completion of a contract?No Yes SECTION IV – CIVIL ACTIONS 1. Violations of Civil Law In the past five years has the applicant firm, any of its owners, or any affiliate been the subject of an investigation of any alleged violation of a civil antitrust law, or other Federal, State, or local civil law? No Yes 2. Lawsuits with Public Agencies At the present time—or during the past five years—has the applicant firm, any of its owners, or any affiliate been a plaintiff or defendant in any lawsuit regarding services or goods provided to the City of Wheat Ridge, or to a public agency? No Yes 3. Bankruptcy During the past five years has the applicant firm or any affiliate filed for bankruptcy or reorganization under the bankruptcy laws? No Yes 4. Judgments, Liens, and Claims During the past five years has the applicant firm been the subject of a judgment, lien, or claim of $10,000 or more by a subcontractor or supplier? No Yes 5. Tax Liens During the past five years has the applicant firm been the subject of a tax lien by Federal, State, or any other tax authority? No Yes If “Yes” is answered to any of the following questions in Sections IV, V, or VI, please provide details— including a brief summary of cause(s) of action, indicating if applicant firm, owner, or affiliate firms were plaintiffs (P) or defendants (D); define charges explicitly, identifying by what authority, court, or jurisdiction charge(s) were made. Complete details are required. NOTE: For Sections IV and V below, the definition of an “investigation” includes: x An appearance before a grand jury by representatives of the firm x Any oral or written inquiry or review of the firm’s documents by a governmental or law enforcement agency or investigative agency x Questioning of employees concerning the general operation or specific activities of the firm ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ 30 SECTION V – COMPLIANCE WITH LAWS AND OTHER REGULATIONS 1. Criminal In the past five years has the applicant firm or any of its owners or affiliates: A. Been the subject of an investigation involving any alleged violation of criminal law? No Yes B. Been arrested, indicted, or named as an unindicted co-conspirator in any indictment or other accusatory instrument? No Yes C. Been convicted—after trial or by plea—of any felony under State or Federal law? No Yes D. Been convicted of any misdemeanor involving business-related crimes? No Yes E. Entered a plea of nolo contendere to a charge of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or a violation of any antitrust laws? No Yes F. Entered into a consent decree? No Yes G. Been granted immunity from prosecution for any business0related conduct constituting a crime under State or Federal law? No Yes H. Taken the Fifth Amendment in testimony on any business-related crime? No Yes I. Paid a fine or settlement to resolve any criminal or civil violations or allegations involving a business activity? No Yes J. Do any owners in applicant firm have any pending felony charges against them that were filed either before, during, or after their employment with the applicant firm? No Yes 2. Regulatory Compliance In the past five years has the applicant firm, any of its owners or affiliates been cited for: A. Violation of any labor law or regulation, including prevailing wage rates and fair labor practices? No Yes No Yes No Yes No Yes SECTION VI – ETHICS 1. False Statements, Bribes, Collusion In the past five years has the applicant firm, or any of its owners or affiliates: A. Filed with a government body (including the City of Wheat Ridge) or submitted to a government employee (including a City of Wheat Ridge employee) any form of document known by the applicant firm, any of its owners, or by the person submitting the document, to contain false information? No Yes %An OSHA violation? &Violation of Federal, State, or local environmental laws or regulations? 'Any other administrative, statutory, or regulatory violations? 6HHVXSSOHPHQWDU\ODQJXDJHRQWKHQH[WSDJH ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 Vendor Qualification Form | Attachment SECTION V – COMPLIANCE WITH LAWS AND OTHER REGULATIONS 2. Regulatory Compliance D. Any other administrative, statutory, or regulatory violations? RESPONSE: RESPEC performs engineering services for various commercial, federal, state and local governmental entities. As part of its engineering services, RESPEC and its employees hold professional engineering licenses and/or certificates in accordance with each state’s regulations. As part of that regulation, engineering documents require a stamp and a seal certifying the document. In 2022, RESPEC performed work for an entity in West Virginia. As part of a large permitting package, certain documents were appropriately stamped and sealed. Certain documents were inadvertently missing a stamp and seal. RESPEC entered into a Consent Order with the State of West Virginia requiring RESPEC to pay a fine of $500. 31 B. Created or maintained false business records? No Yes C. Given—or offered to give—money or any other benefit to a public official or employee, with intent to influence that person regarding any of their official acts, duties, or decisions? No Yes D. Given—of offered to give—money or other benefit to an official or employee of a private business, with intent to induce that official or employee to engage in unethical or illegal business activities (including but not limited to improper gratuities and/or violations of lobbying regulations)? No Yes E. Agreed with another person or firm to bid below prevailing market rate? No Yes F. Agreed with another person or firm to submit identical or complimentary bids, or otherwise not to bid competitively? No Yes G. Agreed with another person or firm not to submit competitive bids in another’s territory established either by geography or by customers? No Yes H. Agreed with another person or firm to take turns in obtaining contracts by pre-determining which firm shall submit the lowest bid? No Yes 2. Conflict of Interest A. Does the applicant firm, any of its owners or project team members have any existing relationships that could be construed as either personal or organizational conflicts of interest, or which would give rise to a conflict if applicant firm should be a recipient of a contract with the City of Wheat Ridge? No Yes B. Has any owner or project team member of the applicant firm ever (if “Yes,” explain fully): 1. Been an employee of the City of Wheat Ridge, or served as a member of Wheat Ridge City Council? No Yes 2. Been related by blood or marriage to a City of Wheat Ridge employee or Council member? No Yes SECTION VII – ADDITIONAL DOCUMENTATION REQUIRED Additional document copies to be submitted with this application: 1. Letter of reference from your firm’s surety, stating current available aggregate and single project bonding capacity (this application will not be processed without this letter). 2. List of major equipment, by number and type, available for the project(s). 3. Certification of all IMSA certified personnel, if applying for traffic signal project(s). A minimum of two full-time employees must be certified at Level II or higher. Bidder must complete and SUBMIT this form with your bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ Not applicable to this project. Not applicable to this project. Not applicable to this project. Reference Authorization Form Company Information Name ________________________________________________________________________________ Address ______________________________________________________________________________ _____________________________________________________________________________________ Printed Name ____________________________________ Title _________________________________ Authorized Signature____________________________________________________________________ References Name _______________________________ Company ________________________________________ Email ______________________________________________ Phone ____________________________ Project Information ____________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Name _______________________________ Company ________________________________________ Email ______________________________________________ Phone ____________________________ Project Information ____________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Name _______________________________ Company ________________________________________ Email ______________________________________________ Phone ____________________________ Project Information ____________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ RESEC Company, LLC 720 South Colorado Boulevard, Suite 410 S Denver, CO 80246 Alan Leak, PE Principal-In-Charge Andy Stewart (now at MHFD) City of Arvada, Colorado astewart@mhfd.org 303.455.6277 RESPEC prepared a Stormwater Master Plan, which included preparing a large hydrologic model to identify current draining issues, utilizing CUHP, SWMM and a 2-D model. RESPEC also created a web-based system for reviewing and sharing modeling. Teresa Patterson Mile High Flood District (MHFD) tpatterson@mhfd.org 303.455.6277 RESPEC worked with the Denver International Airport, Urban Drainage & Flood Control District, and four other municipalities to develop a Major Drainageway Plan and Flood Hazard Area Delineation for Second Creek, which faced recurring flood hazards. Deborah Kula Douglas County, Colorado dkula@douglas.co.us 303.660.7490 Due to an aging storm sewer system, RESPEC has been providing storm sewer asset management support for the County since 2020. This support has grown to include the full spectrum of asset management support. PROPOSAL Transmittal Letter Part 1 - Executive Summary Part 2 - Experience and Technical Capability Part 3 - Project Understanding and Management Approach Part 4 - Draft Professional Services Agreement Review Part 5 - Price Proposal respec.com 720 South Colorado Blvd. Suite 410 S Denver, CO 80246 303.757.3655 February 14, 2024 Ms. Whitney Mugford-Smith City of Wheat Ridge Procurement 7500 West 29th Avenue Wheat Ridge, CO 80033 Dear Whitney: RE: Response to Request for Proposals (RFP) for RFP-24-106- Stormwater Master Plan (RSI/P-9702) RESPEC Company, LLC (RESPEC) is pleased to present our response to the RFP for the Stormwater Master Plan. RESPEC provides the team, capacity, and experience needed for this project. Our team has exceptional experience and an in-depth understanding of what is required to deliver a successful stormwater master plan and would benefit this project for the following reasons: / RESPEC has exceptional experience in preparing stormwater master plans in Colorado. We have prepared more than 30 stormwater master plans for communities throughout Colorado. Our experience has taught us that every stormwater master planning study has unique priorities, and we will tailor the study to meet or exceed the City of Wheat Ridge’s (City’s) needs. Our Project Manager, Melissa Bryant, has more than 24 years of experience in water resource projects with more than 10 years of experience assisting multiple communities to complete stormwater master plans. / Our team understands the need for stormwater master plans to be comprehensive but also easy to use and update. RESPEC is currently working with the Mile High Flood District to update its master planning process and make the documents easier to read and use. RESPEC also created the online stormwater and operations masterplan for Highline Canal, which allows stakeholders to easily access hydrologic data and request and update models as needed. We understand that for a master plan to be useful, the plan must be easy to access and update. / The RESPEC team members are modeling experts. RESPEC is regarded as a leader in complex Hydraulic and Hydrologic models in the Front Range. Our Denver office has prepared studies using 2D surface modeling to inform pipe and street flow models. We believe a 2D-informed model will determine the street flow direction at complicated intersections, help design appropriately sized stormwater infrastructure, and provide the City’s fastest and most accurate analysis. Thank you for the opportunity to present our proposal. If you have questions about the proposal or would like more information, please contact Alan Leak by email alan.leak@respec.com or telephone 303.909.8670. Mr. Leak, who attended the mandatory pre-bid meeting on January 24, 2024, will be our authorized representative for the firm, including any contract documents executed with the City. Sincerely, Alan Leak, PE Principal-in-Charge AL:msp Enclosure cc:Project Central File 996-9702 RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 1 Part 1 | Executive Summary RESPEC Company, LLC (RESPEC) understands the needs of the City of Wheat Ridge (City) for a Stormwater Master Plan. Our Principal-in-Charge, Alan Leak, is from Wheat Ridge and has local knowledge and firsthand experience with storm events and the importance of stormwater management in the city. With his knowledge, RESPEC can focus our plan of approach to reflect the unique characteristics of the watersheds in the City. Our Project Manager, Melissa Bryant, has assisted municipalities in completing their master plans for the last 10 years. Our senior team members have exceptional qualifications and demonstrate the technical expertise and experience necessary to best meet the City’s needs. Our Denver staff have prepared more than 30 stormwater master plans and more than 150 stormwater projects. We are familiar with the complete process involved, from planning to implementation. Our work has ranged from mapping and inspecting stormwater infrastructure for asset management, using GIS tools and data analytics to develop data sets for hydrologic and hydraulic analysis, to constructing drainage and floodplain infrastructure. Our team has experience coordinating and collaborating with partnering agencies and surrounding municipalities. Most recently, RESPEC completed a stormwater master plan for the neighboring City of Arvada. RESPEC understands the importance of developing a stormwater master plan to prioritize and implement improvements in the community. RESPEC is known for providing top-quality work with the most responsive service possible. Our Project Manager knows how to complete projects on time and within budget. She will implement the proactive communication required to make the decisions necessary to move the project forward and is flexible to work with your desired communication style. Melissa has experience working with City Council members and elected officials and coordinating with local community leaders. She also has experience with community outreach programs and coordinating with the public so they understand the importance of stormwater infrastructure and planning for a resilient community. Part 2 | Experience and Technical Capability RESPEC Introduction RESPEC is a client-focused consulting and services company that provides innovative solutions to complex challenges for private and public clients. Our 100 percent employee-owned company has RESPEC Company, LLC Our Company: // Founded in 1969 // 14 states and 2 Canadian provinces Our People: // More than 550 total // 100% employee-owned Office Locations: RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 2 developed an understanding of the intricacies of water resource management and infrastructure development. Our commitment to client satisfaction is evidenced by our long-standing relationships and strong track record of repeat engagements. We have prepared more than 30 stormwater master plans for communities of diverse sizes and geographies throughout Colorado. RESPEC staff have more than 35 years of experience with rules and regulations governing stormwater, water, and wastewater systems. We have authored more than 30 design criteria and standards manuals with unparalleled experience preparing community design criteria and standards in Colorado. We currently provide technical support and compliance assistance to clients with Phases I and II Municipal Separate Storm Sewer Systems (MS4s) and other point- and nonpoint-source water quality permits. We have designed and constructed more than 150 storm drainage improvement projects, including storm sewers, detention ponds, channels, and stream reclamation projects for public and private entities. No subconsultants will be required. RESPEC staff in our Denver and Colorado Springs offices will complete all the work for this project. Master Plan Benefits to Project Sponsors RESPEC’s vast experience in retrofit designs; planning and designing local and major drainageway improvements and regional detention facilities in small communities, large cities, parks, and sensitive environmental areas; and our history of successful master planning projects make us the ideal choice for stormwater master planning work. RESPEC’s success in preparing master plans is facilitated by the following: 1. We understand the big picture and all the watershed issues, including political issues, at the beginning of the project. 2. We are experts at conveying information to the general public and are attentive to our stakeholders’ concerns. 3. We leverage our design experience to optimize the planning of necessary improvements while being mindful of any constraints that may hinder their implementation. WHY RESPEC? RESPEC has completed more than 30 Stormwater Master Plans and over 150 Stormwater Projects. We have proven experience in preparing stormwater master plans in older communities with minimal storm drainage systems Our plan of approach invites community involvement and is tailored to the needs of the City. We have exceptional stormwater environmental stewardship planning and design experience. Our commitment to excellence and responsiveness results in an easy-to-use, informative, and detailed stormwater master plan We craft user-friendly and updatable work products. We understand that master planning reports need to be accessible and easy to update. Our work developing online masterplans with the Mile High Flood District (MHFD) and other local entities sets us apart from other companies. We have complex hydrologic modeling experts. We bring unparalleled experience in modeling complex surface and pipe flow areas. Our 2D surface flow model combined with subsurface pipe flow modeling will be the most accurate and easy-to- update tool for the City. We value collaborative efforts that consist of individual participation, open communication, mutual respect, and shared success. We will coordinate a team that includes input and participation from multiple City departments to prepare a product that is useful, implementable, and agreeable to all. RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 3 4. We customize each project’s master plan to the sponsor’s needs while maintaining the overall framework of the master planning process. Our Team ROLES RESPONSIBILITIES, ACCOUNTABILITIES AND AVAILABILITY We have assembled a dynamic team of highly skilled engineers and scientists to provide the best value to the City and project sponsors. We understand the importance of meeting and exceeding project goals and are fully prepared to dedicate the time and resources to ensure success. We would like to introduce our key project staff members. Brief résumés of key staff and additional project team members are provided in Appendix B. ORGANIZATION CHART Key Personnel Experience Alan Leak, PE Principal-in-Charge Alan Leak is a Principal Engineer with an extensive 42-year career focused on water resources engineering, with a particular emphasis on stormwater master planning. His expertise in this area is demonstrated through his leadership and project management skills, which have been instrumental in the development and execution of comprehensive stormwater management strategies in almost all of RESPEC’s master planning projects. Alan’s proficiency in stormwater master planning is further showcased by his involvement in the City of Arvada’s Stormwater Master Plan, completed in 2022. His leadership and local knowledge of the area allowed the RESPEC team to focus on the City of Arvada’s main problems: stormwater being conveyed in irrigation ditches and infrastructure, and lack of adequate stormwater infrastructure in the city’s older areas. His commitment to advancing stormwater management practices is also evident in his authorship and co-authorship of over 30 stormwater, floodplain, and water quality manuals across the United States, contributing to the knowledge base and best practices within the industry. Alan's dedication to stormwater master planning has made him a respected figure in the field, known for his innovative solutions and strategic approach to complex water resource challenges. Alan has local knowledge of the City of Wheat Ridge after living there for 22 years. Wheat ridge Project Manager Alan Leak, PE Principal-in-Charge Melissa Bryant, pe, pmp, cfm Senior Project Manager Project Engineers and Scientists Lee Rosen, PE QA/QC VALUE John Costello, PhD Project Engineer William Mecier Project Scientist Carolyn Macek Project Scientist RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 4 Melissa Bryant, PE, PMP, CFM Project Manager Melissa Bryant is a Senior Project Manager with more than 24 years of experience in water resource engineering, specializing in stormwater master planning. Her background includes watershed management, ecosystem restoration, and sustainable planning and development. Melissa’s expertise is underscored by her ability to lead multi-disciplinary teams and collaborate with federal, state, and municipal agencies to deliver resilient and innovative solutions to complex water resource challenges. Melissa’s career is distinguished by her strategic vision, technical expertise, and unwavering commitment to enhancing community resilience through master planning and sustainable water resource management. A standout in her stormwater master planning portfolio is her current role as Project Manager for the Irondale Gulch Master Plan Update with the City of Commerce and MHFD. She also leads the Hidden Lake/Bates Lake Master Drainage Plan Hydrology work with MHFD, the City of Arvada, the City of Westminster, and Adams County. Melissa has more than 10 years of working with communities to develop master plans. Lee Rosen, PE, CFM QA/QC Lee Rosen is a Senior Project Manager with 16 years of experience in civil engineering, distinguished by his specialization in stormwater master planning. His expertise is marked by a strong foundation in hydraulic and hydrologic (H&H) analyses, floodplain modeling, and the design of water quality best management practices, which are critical components of successful stormwater master planning. Lee has demonstrated expertise in stormwater master planning through his roles in the Second Creek Tributaries Master Drainage Plan (MDP) and Flood Hazard Area Delineation (FHAD) and the Prairie Dog Draw MDP and FHAD. The latter project served as a test case for new MDP deliverables, leveraging ArcGIS online servers to streamline data integration for MHFD’s “Confluence” website, demonstrating Lee’s ability to incorporate innovative technologies into master planning processes. Lee designs stormwater systems that balance community needs with natural resource preservation. John Costello, IV, PhD Project Engineer With more than 4 years of experience, Dr. John Costello specializes in physical habitat sampling, geomorphology, statistical analyses, hydraulics, hydrology, and project management. His expertise includes watershed analysis, mapping, floodplain delineation, fluvial hazard mapping, and stormwater master planning. In the Buffalo Run Major Drainageway Plan, John demonstrated his proficiency in using the Colorado Urban Hydrograph Procedure (CUHP) and PCSWMM to develop peak flows and his skill in creating informative figures and comprehensive reports in ArcGIS Pro. His involvement in the Miscellaneous Drainage Program for the City of Arvada, Colorado, highlights his innovative approach to developing tools for prioritizing and assessing drainage issues. John is meticulous, flexible, and well-versed in stormwater modeling software. William Mecier Project Scientist William Mecier is a distinguished Hydroinformatics Scientist with 6 years of dedicated experience in the water sector, specializing in stormwater management, remote sensing, and data science. His expertise in hydroinformatics is underscored by a solid foundation in computational hydraulics, surface water modeling, groundwater modeling, and the innovative application of artificial intelligence in water systems. William excels in developing comprehensive 1D and 2D hydraulic models using industry-standard software such as HEC-RAS, Flood Modeller, SRH2D, and SWMM. His proficiency in coding for data analysis and automation highlights his capability to enhance engineering workflows and streamline projects. VALUE VALUE VALUE RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 5 William is skilled in software, innovative problem-solving, and advanced remote sensing data science. Carolyn Macek | Project Scientist Carolyn Macek is a seasoned project scientist with more than 7 years of experience in stormwater master planning and ensuring compliance with MS4 Permit requirements. Carolyn has honed her expertise in developing management plans, guidance documents, and annual reports while maintaining a deep understanding of stormwater regulations. Her technical experience is vast, with a particular emphasis on using GIS-based tools to create innovative solutions for data visualization and asset management. Carolyn’s work includes the development of apps for stormwater asset mapping, condition assessment, and digital deliverable review for the Utah Department of Transportation, Town of Superior, Douglas County, City of Lafayette, City of Glendale, and City of Lone Tree. These digital inspection tools and the associated dashboards and reports streamline communication and facilitate data-driven decision-making. Carolyn is passionate about delivering technical solutions that enable clients to make informed, data-driven decisions. Firm Experience City of Arvada Master Plan Contract Number: NA // Firm and Key Personnel’s Role: RESPEC (Prime); Alan Leak (PIC); John Costilla (PE) // Owner Contact Info: Andy Stewart (now at MHFD), 303.455.6277, astewart@mhfd.org // City of Arvada, Colorado, Sam Rogers, 720.898.7644, srogers@arvada.org // Period of Performance: 5/2019–11/2021 // Contract Value: $317,190 Summary of Work: The City of Arvada’s stormwater master plan was outdated and did not capture recent development in the city’s western portion. RESPEC was tasked with preparing a large hydrologic model for the city to identify current drainage issues. The hydrologic model used CUHP, SWMM, and included 2D models for areas in and around the “Olde Town” portion. Many locations had combined stormwater and irrigation water conveyances; therefore, the master plan included alternatives to ultimately separate the two water sources. RESPEC also prepared an entirely web-based system for reviewing and sharing hydrologic modeling. The master plan addressed the city’s stormwater goals and priorities and minimized the impacts of flooding by providing strategies for drainage and conveyance. The study provided conceptual-level cost estimates for implementing the improvements and methods to prioritize the alternatives. It currently serves as a tool for efficient and proactive stormwater planning for using city funds and resources in the future. RESPEC followed up the master plan by developing a stormwater issue reporting and tracking tool for the city. This tool allows residents to report stormwater issues online, automatically populating the city’s stormwater database with the location and type of problem and notifying city staff of the submittal. The tool then tracks the city’s actions and response to the issue and provides the residents with transparency in addressing stormwater complaints. Project Performance: We completed the master plan on time and within budget. The city issued a 1 VALUE VALUE RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 6 change order to RESPEC for additional services to improve the accuracy of its stormwater GIS data. Major Issues or Challenges: The main challenge in this master plan was the lack of accurate stormwater GIS data from which to model the city’s stormwater system. RESPEC overcame this challenge by developing methods to estimate storm infrastructure capacity while directing the city to survey stormwater infrastructure in critical locations. Transforming Flood management in the Second Creek Area Contract Number: Phase 1: 21-03.40, Phase 2: 21-03.40A // Firm and Key Personnel’s Role: RESPEC (Prime); Alan Leak (PIC), Lee Rosen (PM) // Owner Contact Info: MHFD, Teresa Patterson, 303.455.6277, tpatterson@ucfcd.org // Period of Performance: 2021–Current // Contract Value: Phase 1: $36,900, Phase 2: 233,730 Summary of Work: The Second Creek area faced recurring flood hazards that required a comprehensive approach to mitigate risks and streamline flood management. The Denver International Airport, MHFD, Adams County, Brighton City, and Commerce City needed a plan to manage the drainage and flood hazards, reduce downstream peak flows, conduct complex floodplain modeling, and ensure compliance with Federal Emergency Management Agency regulations for floodplain revision. RESPEC collaborated with these stakeholders to develop an MDP and FHAD for Second Creek. Our team executed a robust approach involving a detailed H&H modeling plan, floodplain delineation, and master planning for the Second Creek watershed. Leveraging advanced 1D HEC-RAS modeling, informed by a 2D HEC-RAS model, we could accurately predict flow patterns, even in complex scenarios. Integral to the project’s success was close coordination with large developers and landowners, leading to the formulation of a phased detention scheme. This scheme reduced flooding downstream and offered a practical framework for the development community to implement in stages. Project Performance: RESPEC is currently on schedule and within budget. Major Issues or Challenges: Upon 2D modeling of the floodplain, it was apparent that much of the Second Creek flow split from Second Creek to Third Creek. The MHFD extended our contract to model this interaction between these two drainageways. The 2D modeling was critical to delineation of the floodplain in this extremely complicated topography with roads, railroads, and irrigation ditches crossing the drainageway and flow split areas. 2 I have had the privilege of working with the RESPEC team on multiple watershed master planning studies over the past 10 years, and they continue to be one of the premiere firms for this type of work. One of the characteristics that makes this team so successful is their project management style. They clearly make an effort to understand their client’s needs and communicate efficiently to ensure that the project goals are met. Alan Leak is one of the best mentors in our industry, and I’m confident any team under his leadership will produce excellent results. I look forward to working with this team on many more projects in the future. – Shea Thomas, former Watershed Services Manager, MHFD “ “ RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 7 Douglas County Stormwater Asset Management and Inspections Contract Number: W0119.23008 and W0119.23010 // Firm and Key Personnel’s Role: RESPEC (Prime); Alan Leak (PIC); Carolyn Macek (PM) // Owner Contact Info: Douglas County, CO, Deborah Kula, PE, 303.660.7490, dkula@douglas.co.us // Period of Performance: 2020–Ongoing // Contract Value: $100,000 annually Summary of Work: In response to problems associated with an aging storm sewer system in Douglas County, RESPEC has provided storm sewer asset management support for the County since 2020. This support has grown to include the full spectrum of asset management support. Since 2020, RESPEC has reviewed the County’s storm sewer inspection videos, recorded pipe conditions, and managed attribute information in the County’s GIS database. In 2021, this support expanded to in-field condition assessments with stormwater outfall inspections. RESPEC developed a user-friendly digital inspection form that streamlined inspection and reporting processes. In the past 3 years, RESPEC has completed more than 1,250 outfall inspections for the County. In the summer of 2023, RESPEC added storm inlets to the list of inspected features and inspected 360 storm inlets. The data from these inspections and video reviews generates maintenance work orders and informs the condition replacement prioritization system. RESPEC worked collaboratively with the County to develop this prioritization system that assigns an asset score based on field assessments, video conditions, and spatial data relating to public safety risks. This allows the County to make data-driven decisions when developing its storm sewer rehabilitation budget and schedule. Project Performance: RESPEC has adhered to the schedule and budget for all task orders associated with this work. RESPEC remains on schedule and within budget for the current phase of this project. Major Issues or Challenges: Transferring institutional knowledge has been a significant challenge in this work. Before this effort, storm sewer system repairs were conducted reactively and were not always well-documented. RESPEC has assisted the County in creating a GIS database that accurately reflects asset conditions, repair dates, and other critical information that will be preserved through staffing changes at the County. 3 RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 8 Part 3 | Project Understanding and Management Approach We have prepared our project approach based on our review of the City’s Scope of Work (SOW); the City’s existing stormwater master plan, design standards, and codes; our knowledge of the City; and our experience developing stormwater master plans for communities across Colorado. Our approach focuses on the elements needed to prepare an accurate and usable master planning document that meets the City’s needs. Our local experience on stormwater conditions in the City allows us to make the following observations: / The 2019 Sloans Lake MDP identified several storm sewer system improvements within the City. For this area, we will confirm that these proposed improvements still meet the City’s goals and will use information from the MDP to inform the prioritization of these improvements as compared to the prioritization of all the City’s storm drainage improvement needs. / The recently completed lower Wadsworth Boulevard storm drainage system should only need to be documented in the Master Plan. / Many watersheds in the City directly drain to Clear Creek or Lena Gulch, but often, the final outfall is at the bottom of a hill between homes from sumps in the adjacent street. These are sources of past drainage issues and warrant additional investigation. / The Harlan Street outfall has unique conditions in that it drains into and out of the Towns of Lakeside and Mountain View. Significant coordination with these small jurisdictions will be necessary to confirm storm drainage patterns/systems that affect the City and if additional improvements are needed around the 44th and Harlan area. / The area between I-70 and Clear Creek has historically been subject to local flooding because of the lack of sufficient infrastructure and flat topography. With this knowledge, we plan to evaluate the storm drainage patterns and depth in this area using 2D hydraulic modeling. / Our previous work on the City of Arvada’s Stormwater Master Plan will assist in the modeling and evaluation of the storm drainage systems north of I-70. / The Rocky Mountain Ditch traverses the City, and its associated lateral inadvertently collects stormwater runoff. We understand irrigation ditch operations and will develop solutions in collaboration with the City and the ditch and lateral companies. / After the most recent storm sewer system failures, which cost the City over $500,000, we can effectively prioritize where additional infrastructure replacements may be needed. / Based on the City’s growth, there is an opportunity for implementing stormwater utility fees so the City has resource funding for future improvements. / We could update the City’s drainage criteria standards and codes to properly manage stormwater runoff and assist the City in meeting its MS4 Permit requirements while reducing costs for its citizens. Project Management The RESPEC team believes that understanding the client’s needs and expectations is imperative. We propose routine communication (i.e., no fewer than once per week) via telephone calls, emails, and intermittent progress review meetings. Alan (Principal-in-Charge), Melissa (Project Manager), and the rest of the RESPEC team will be available throughout the project’s duration. We believe that responsiveness is important in maintaining a project’s momentum. Project Kick-Off. RESPEC suggests holding a kick-off meeting as soon as possible after contract execution. At the kick-off meeting, we will obtain all of the available data from the City, including existing master plan information, the existing GIS and as-built drawings, additional data that should be collected, end goals of the project, and other project features. RESPEC will present the project schedule and path forward and provide an open line of communication with all applicable City staff. Progress Meetings: RESPEC will coordinate seven team progress meetings throughout the project. We will hold the meetings during key RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 9 decision points throughout the master plan development and incorporate the task item discussions as needed for each progress meeting. Deliverables: Meeting agendas and minutes and monthly invoices and progress reports Data Collection and System Analysis Task 1. Data Compilation and Review Data collection will be the backbone of the entire Master Plan moving forward. Therefore, collecting data efficiently and accurately and ensuring that the data are of high quality and useful to the City is essential. RESPEC will coordinate with the City’s GIS department to collect storm drain information. We will also review as-built drawings, inlet locations, and other available data to vet, to the extent available, the invert elevations and alignments of the existing storm drain network. We will only survey the storm drain if needed. We will not collect survey data for the project unless the output from the SWMM model suggests that verifying the capacity of certain storm sewer segments is critical in deciding whether to replace a segment. For example, if the SWMM analysis shows several sections of pipe that are at or near capacity, those sections should be vetted with additional survey information to determine if they should be replaced. This would be especially critical if the need for replacement would result in a significant capital expenditure (e.g., under a railroad) that could be verified or eliminated by accurate surveyed storm sewer invert elevations. Costs for the pipe survey would be an optional task and are not included in the fee for this Master Plan. RESPEC will collect and review all applicable background information, previous master plans, and inspections from the City. We will identify any pieces that may be useful for the future Stormwater Master Plan. We will compile all the necessary data, perform system inspections, and determine the crucial assets that need maintenance, repair, or replacement. Deliverable: Storm drain network GIS files; any conclusions and recommendations will also be included in the Final Report. Task 2. Infrastructure Evaluation The RESPEC team has experienced staff in televising and reviewing video to identify any problematic areas in the infrastructure. Our team can conduct an assessment and compile a report identifying the necessary improvements that need to be made. We can determine if the process will be an asset repair or a full replacement. Staff can make recommendations for maintenance strategies or mitigation strategies. We can develop costs and prioritize asset or infrastructure replacement schedules. We will also incorporate these recommendations into the Capital Plan. Deliverable: Conditions assessment evaluation, including recommendations for current and future needs for the stormwater management system; all analysis and conclusions will be included in the Final Master Plan Report and any CCTV footage completed will also be included. Task 3. Asset Repair and Replacement Our team knows the importance of coordinating asset repairs and replacements to minimize disruption or inconvenience to the community and City staff. RESPEC’s Asset Repair and Replacement Report will detail any infrastructure found to be deteriorated or inoperable, the justification for repair or replacement of the asset, and the priority for the need to replace the infrastructure, including assets needing immediate repair or replacement. The report will include a cost estimate and process schedule for asset Hydrologic modeling RESPEC has prepared detailed hydrologic modeling for more than 30 stormwater master plans in Colorado. We believe that a 2D informed hydrologic model will provide the fastest and most accurate flow paths for portions of the City where flat existing grades exist. Budget Efficiency We understand that the project should be efficient with City funds and unneeded work must be avoided. Therefore, RESPEC recommends that a detailed survey of the storm pipe inverts be completed only if indicated by the results of the SWMM analysis. RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 10 repair or replacement. The size and location of recommended replacements will need to be informed from the capacity and detention evaluations in Tasks 4 and 5. Deliverable: Asset Repair and Replacement Report with scheduling, all to be included in Final Master Plan Report Task 4. Growth Projections and Capacity Evaluations The foundation for any stormwater master plan is an accurate, updatable H&H analysis. RESPEC will evaluate areas of the City with a detailed H&H analysis for the surface and pipe flows within the area. RESPEC will use the current version of the CUHP and current National Oceanic and Atmospheric Association rainfall data. RESPEC will prepare a hydrologic model using the U.S. Environmental Protection Agency (EPA) SWMM model, which will incorporate the existing stormwater pipes and ditches. RESPEC will provide the SWMM model input and output files to the City, which the City can update to incorporate newly constructed stormwater infrastructure. Our team will also evaluate the changes in percentage of impervious cover in the city and model the potential change based on the City’s “Envision Wheat Ridge” comprehensive plan (since the new “City Plan” effort will not be completed in time for this analysis) as informed by current and future development plans. These changes will be incorporated into the projected hydrologic model scenarios. Deliverable: All H&H model data, SWMM model input and output files, Development Projections, and Capacity Evaluations will be included in the Final Report. Task 5. Detention Area Evaluation RESPEC has completed projects where detention can be used to solve downstream flooding issues. We have recently completed revisions to an implementation plan for the Irondale watershed in Commerce City in coordination with MHFD. The implementation plan clearly identified typical issues with trying to locate detention facilities in mostly developed watersheds. These include finding property that is hydraulically located at the right location, is of adequate size, and most importantly, can be acquired, preferably without condemnation. Our analysis will be able to identify potential detention sites that meet the needs of the City to reduce infrastructure size and costs. Deliverable: Potential detention area analysis will be included in the Final Report. Capital Plan and Implementation Schedule Task 1. Capital Plan The project’s end goal is to have a usable list of feasible capital projects that the City can implement in a logical sequence as funding becomes available. RESPEC will work collaboratively with the City to establish an approach for developing a priority ranking that will be based on factors such as risk to the public, extent of undersized infrastructure, environmental concerns and benefits, cost, and scheduling with other City infrastructure improvements. The comprehensive Capital Plan will detail the SOW for each of the projects and the cost estimates associated with the projects including anticipated operations and maintenance costs. Deliverable: Comprehensive Capital Plan Task 2. Implementation Schedule for Stormwater System The order of the infrastructure construction is extremely important to ensure that the constructed projects work as intended. RESPEC will prepare a prioritization that outlines the construction sequence of the proposed infrastructure that incorporates the timing and priorities of other City infrastructure projects (e.g., streets, water, sewer, etc.) to minimize disruptions and maximize the use of construction funds. The Comprehensive Capital Plan and Implementation Schedule will include a financial plan and schedule for program implementation over the next 10 years. Deliverable: Draft and Final Implementation Schedules Public Outreach and Input Task 1. What’s Up Wheat Ridge Platform RESPEC is an industry leader in web-based platforms for data management and communication. These platforms have evolved into ArcGIS Online (AGOL) web experiences, custom applications, data collection, and story maps. The RESPEC team is adept in GIS and creating online interactive story maps, a skill recently applied to the MHFD Master Planning RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 11 projects. RESPEC created the MHFD’s “Confluence” platform for planning and prioritizing stormwater capital and maintenance projects. Our team can create interactive story maps that vividly display current conditions, highlight priority areas, and provide ranking reports, future restoration projects, project reach summaries, and data summary visualizations. We can design these online deliverables to be dynamic, living documents that the City can regularly and easily update on the “What’s Up Wheat Ridge” platform to reflect ongoing changes. Our team will tailor the information to include background information, project schedules, and provide recommended surveys on drainage problems and proposed solutions. Serving as an effective visual tool, the online platform will assist the City meet their goals and objectives for this Master Plan. Deliverable: What’s Up Wheat Ridge online platform pages and information Task 2. Public Input Summary RESPEC will create online pages and information to compile the information received from the online surveys to assist the City in the final recommendations for the Master Plan. Our Project Manager has experience with community outreach programs and coordinating with the public, so she understands the importance of stormwater infrastructure and master planning for a resilient community. Deliverable: Online Survey Summary Stormwater Utility Fee Task 1. Stormwater Utility Fee Logistics The extension of the City’s sales tax approved in November 2023 is expected to fund, among other things, capital drainage and floodplain infrastructure improvements at priority locations in the City. This fee is set to expire in 2043. It is unknown if the citizens would now be willing to also fund a stormwater utility. However, there are operation and maintenance needs that still need to be adequately funded and capital needs that cannot be addressed by the sales tax extension. RESPEC will coordinate with City staff to appropriately determine a Stormwater Utility Fee and the required elements to implement the fee. Our Project Manager has experience in coordinating with municipalities and working with the City Council members and City Department Staff to communicate the benefits of a Stormwater Utility Fee. RESPEC will provide the City with the tools and background to ensure local leaders and the public understand the importance of proactive stormwater management and any associated fees that need to be used for future stormwater capital improvement projects and stormwater maintenance activities. Deliverable: Recommendations and requirements to implement the Stormwater Utility Fee Task 2. Stormwater Utility Fee Structure & Initial Rates The RESPEC team has the expertise to evaluate the current utility rates and calculate an appropriate Stormwater Utility Fee for the City. RESPEC recently assisted the City of Commerce City in developing their stormwater fee. RESPEC will coordinate with City staff to determine appropriate rate structures based on residential and non-residential lots in addition to the square footage of impervious area on each of the lots. The team will coordinate with City staff on the appropriate fee structure based on the future budget needs to implement stormwater capital improvement projects, MS4 requirements, and stormwater maintenance activities. Deliverable: Develop a proposed monthly fee structure for Stormwater Utility Fee Master Plan Development Task 1. DRAFT Master Plan The Stormwater Master Plan will identify and address the existing and expected future flooding and drainage issues within the City. The H&H models prepared will be used to identify areas of existing and future stormwater capacity, drainage, and flooding issues in the City. RESPEC will propose several alternatives that include potential revisions to the unimplemented recommendations from the 1979 Master Plan, storm drain system updates needed, capital improvement projects that could include potential green stormwater infrastructure opportunities, and other options. RESPEC has vast experience designing stormwater solutions from pipe drain systems to RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 12 Low-Impact Development and Nature-Based Solutions. All options in the Master Plan will include the data and recommendations from the previous task items, including the potential Detention Analysis, Comprehensive Capital Plan, and Implementation Schedule. Deliverables: Draft Master Plan Report Task 2. FINAL Master Plan The final product will be a Master Plan Report that combines the technical memoranda from the tasks above into one comprehensive document. Through our experience, we know that master plans can be cumbersome. RESPEC will prepare a Final Master Plan Report that is technically accurate and provides all necessary information in an easy-to-use format. This dynamic format will also allow the City to update the plan over time as improvements are constructed. The Final Master Plan will incorporate comments received on the Draft Master Plan. Deliverables: Final Master Plan Report Task 3. City Council Presentation Our team will present the Draft Master Plan to the City Council and gather feedback, which we will incorporate into the Final Master Plan. Our Project Manager has experience working and presenting to elected officials and knows the importance of the community understanding the value of master planning to make communities more resilient to storm events. Deliverables: City Council Presentation Optional Task – Development Standards Review & Modification Task 1. City Development Standards Review RESPEC has worked with several communities to update their drainage criteria standards. We have recently updated drainage manuals for Departments of Transportation and are updating the Drainage Criteria Manual for the City of Greeley. Our team has been working with MHFD on multiple projects, so we have the knowledge and are experts on the MHFD drainage and runoff standards. Our Project Manager also has experience working with city departments to update their municipal codes. She has worked with the Planning and Zoning Commissions, development community, and held public meetings to ensure that the process goes smoothly and the proposed codes are adopted into the city municipal code. RESPEC will review and update the City’s current standards and coordinate with City staff to update the municipal codes. Deliverables: Updated Drainage and Runoff Standards Project Timeline Our simplified project schedule below demonstrates our clear understanding of the project and our ability to meet the targeted completion date of September 2024. We developed this schedule with the fee schedule to ensure that our staff hours align with our proposed schedule. To ensure that we stay on schedule, our Project Manager will arrange project coordination meetings in advance and communicate internal and external deadlines to allow for appropriate review times. RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 1 Part 4 | Draft Professional Services Agreement RESPEC hereby requests the following contract modifications/exceptions: 1. On page 4, Administrative and Offeror Information, 9. Insurance, there is a requirement for Builder’s Risk Insurance. This isn’t standard for professional services contracts (more for construction or design build contracts). We would request this requirement be removed. 2. On page 5, Administrative and Offeror Information, 9. Insurance, there is a requirement for Professional Liability Insurance that is not included in the Sample Agreement. If this is required, it should be added to the contract. 3. On page 31, Section VII – 2. List of major equipment – We request this requirement be removed as this applies to construction services (which are not included in this project). 4. On page 33, Sample Agreement, Article 4 – Escalation: We request this escalation clause be used instead of the escalation clause on page 3 of the RFP. 5. On page 34, Sample Agreement, Article 7 – Insurance: It is written that “The City of Wheat Ridge shall be named as additional insured on all liability policies” – We request that “except for worker’s compensation and professional liability” be added as clients cannot be added to worker’s compensation or professional liability policies. 6. On page 34, Sample Agreement, Article 8 – Indemnification: we request that the word “defend” be removed and the following language added: “Nothing herein shall be construed to require Contractor to indemnify City for City’s own negligence.” We also request this indemnification language be used instead of the indemnification language on page 3 of the RFP. 7. On page 35, Sample Agreement, Article 12 – Termination: We request the first paragraph be removed as it is unusual for a professional engineering firm to cover consequential damages. Insurance policies will cover direct damages and the City already is afforded all rights and remedies through the indemnification provision. 8. On page 35, Sample Agreement, Article 18 – Ownership of Contract Projects: We request the following language be added after the first sentence. “City acknowledges that such products are not intended or represented to be suitable for use on the Project unless completed by Contractor, or for use or reuse by City or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Contractor; any such use or reuse, or any modification of the products, without written verification, completion, or adaptation by Contractor, as appropriate for the specific purpose intended, will be at City’s sole risk and without liability or legal exposure to Contractor or to its officers, directors, members, partners, agents, employees, and Subconsultants.” RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 1 Part 5 | Project Price Proposal The project fee provided in the table below will allow us to complete this Stormwater Master Plan and meet the City’s needs. Task Number Task Description Project Manager Lead Engineer Engineer Scientist QAQC Principal-in- Charge Total Hours Total Cost $225/hour $180/hour $140/hour $135/hour $225/hour $245/hour 1 Project Coordination 1A Project Management 24 2 2 0 2 2 32 $6,980 1B Progress Meetings/Kickoff 21 14 14 14 4 4 71 $12,975 Task 1 – Subtotal Hours 45 16 16 14 6 6 103 Task 1 – Subtotal Cost $10,125 $2,880 $2,240 $1,890 $1,350 $1,470 $19,955 2 Data Collection and System Analysis 2A Data Compilation and Review 4 8 40 48 2 4 106 $15,850 2B Infrastructure Evaluation 4 8 40 24 4 2 82 $12,570 2C Asset Replacement 4 8 12 8 2 1 35 $5,795 2D Growth Projections and Capacity Evaluations 16 32 32 24 4 1 109 $18,225 2E Detention Area Evaluation 8 16 16 8 2 1 51 $8,695 Task 2 – Subtotal Hours 36 72 140 112 14 9 383 Task 2 – Subtotal Cost $8,100 $12,960 $19,600 $15,120 $3,150 $2,205 $61,135 3 Capital Plan and Implementation 3A Create Capital Plan 16 24 24 16 4 2 86 $14,830 RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 2 Task Number Task Description Project Manager Lead Engineer Engineer Scientist QAQC Principal-in- Charge Total Hours Total Cost $225/hour $180/hour $140/hour $135/hour $225/hour $245/hour 3B Create Implementation Schedule for Stormwater System 8 16 8 12 2 1 $8,115 Task 3 – Subtotal Hours 24 40 32 28 6 3 86 Task 3 – Subtotal Cost $5,400 $7,200 $4,480 $3,780 $1,350 $735 $22,945 4 Public Outreach and Input 4A Develop Website 8 16 4 16 4 2 50 $8,790 4B Compile Public Input Summary 8 4 4 0 2 1 19 $3,775 Task 4 – Subtotal Hours 16 20 8 16 6 3 19 Task 4 – Subtotal Cost $3,600 $3,600 $1,120 $2,160 $1,350 $735 $12,565 5 Stormwater Utility Fee 5A Evaluate Stormwater Utility Fee Logistics 12 24 8 16 2 1 63 $10,995 5B Develop Stormwater Utility Fee Structure and Initial Rates 14 10 8 0 2 1 35 $6,765 Task 5 – Subtotal Hours 26 34 16 16 4 2 35 Task 5 – Subtotal Cost $5,850 $6,120 $2,240 $2,160 $900 $490 $17,760 6 Master Plan Development RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 3 Task Number Task Description Project Manager Lead Engineer Engineer Scientist QAQC Principal-in- Charge Total Hours Total Cost $225/hour $180/hour $140/hour $135/hour $225/hour $245/hour 6A Draft Master Plan 16 24 16 8 4 1 69 $12,385 6B Final Master Plan 16 8 8 8 4 1 45 $8,385 6C City Council Presentation 8 0 0 0 4 1 Task 6 – Subtotal Hours 40 32 24 16 12 3 114 Task 6 – Subtotal Cost $9,000 $5,760 $3,360 $2,160 $2,700 $735 $23,715 7-Optional Task Development Standards Review and Modifications 7A Review/Update Drainage and Runoff Standards 26 40 16 0 4 2 88 $16,680 Task 7 – Subtotal Hours 26 40 16 0 4 2 88 Task 7 – Subtotal Cost $5,850 $7,200 $2,240 $0 $900 $490 $16,680 Subtotal Hours 213 254 252 202 52 28 828 Subtotal Costs $47,925 $45,720 $35,280 $27,270 $11,700 $6,860 $174,755 RESPEC Direct Costs (mileage, field equipment, printing) $5,000 Monthly Meetings, Stakeholder Meetings, Workshops (Direct Costs) $10,000 Total Costs $189,755 39 EXHIBIT A RFP-24-106-STORMWATER MASTER PLAN 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: ¾ Proposer Information Sheet ¾ Acknowledgment of Addendum (if any) ¾ Non-discrimination Form ¾ Contractor’s Qualification Form ¾ Reference Authorization Form Please be certain to address the following in your proposal: ¾ Attendance at mandatory pre-bid meeting ¾ Qualifications ¾ Experience ¾ Current Workload ¾ Project Approach ¾ Fee Schedule Please review the sample agreement, but do not include a copy with your proposal submittal. RESPEC Company, LLC 720 South Colorado Boulevard, Suite 410 S, Denver, CO 80246 X X X X X X X X X X X REFERENCES RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 Primary References: City of Arvada Andy Stewart (now at MHFD) Phone: 303.455.6277 Email: astewart@mhfd.org Mile High Flood District Teresa Patterson Phone: 303.455.6277 Email: tpatterson@mhfd.org Douglas County Deborah Kula Phone: 303.660.7490 Email: dkula@douglas.co.us Additional References: Mile High Flood District BROOKE SEYMOUR, PE, CFM Phone: 303.749.5422 Email: bseymour@mhfd.org San Antonio River Authority DEREK BOESE Phone: 210.302.3613 Email: dboese@sariverauthority.org 1 2 3 RESPEC | RSI/P-9702 Proposal for Stormwater Master Plan | RFP-24-106 Bexar County, Texas ART REINHARDT, PE, CFM Phone: 210.335.6782 Email: art.reinhardt@bexar.org City of Greeley Water and Sewer Department RYAN DUVE, PE Phone: 970.350.9813 Email: Ryan.Duve@greeleygov.com APPENDIX A. Exhibit C. Acceptance of Conditions 41 EXHIBIT C RFP-24-106-STORMWATER MASTER PLAN ACCEPTANCE OF CONDITIONS STATEMENT A. Proposing firm indicates acceptance of the following conditions: 1. City of Wheat Ridge prohibits contracting with firms that employ certain relatives of City employees, unless the City Council determines that the making of such a contract is in the City’s best interest. No City Council member, member of a City Board or Commission, Municipal judge, City Manager, City attorney(s), or employee of the City of Wheat Ridge—or any such person’s spouse, child, parent, brother, sister, dependent or person assuming a relationship being the substantial equivalent of the above—has an existing or pending (direct or indirect) financial, pecuniary, or personal interest in the proposing firm or this Request for Proposal (RFP), except as follows: 2. I / we hereby agree to all instructions, terms and conditions, and specifications contained herein. B. I / we acknowledge the following addenda: Proposing Firm’s Name: Address: Office Phone Number: Cell Phone Number: Submitted by: SIGNATURE DATE TITLE Attest (by officer if corporation) or notary (if individual): SIGNATURE My commission expires (if notarized): DATE NA RESPEC Company, LLC 720 South Colorado Boulevard, Suite 410 S Denver, CO 80246 720.775.6406 Ext. 1404 303.909.8670 February 14, 2024 Principal-In-Charge Vice President APPENDIX B. Résumés ALAN J. LEAK, PE Principal OVERVIEW Before joining RESPEC in 2013, Alan Leak served as the President of WRC Engineering, Inc. (WRC) in Denver, Colorado, and other roles for WRC since 1981. Alan has 42 years of extensive and comprehensive experience in all aspects of water resources engineering, including water supply transmission and distribution, wastewater collection, expert water rights engineering services, stormwater management, and flood control. His responsibilities include business development, project management, and leading teams of RESPEC employees in solving critical water-resource engineering problems. TECHNICAL EXPERIENCE Stormwater Management. Alan’s stormwater management responsibilities include project management, stormwater master planning, floodplain management, and drainage facility design and construction. His over 30 stormwater master planning projects have included major drainageway and outfall systems planning, collector system master plans, alternatives analyses, and the selection and prioritization of planned infrastructure improvements for implementation. Alan’s floodplain management experience includes hydrologic and hydraulic analyses, floodplain modeling, floodplain delineation, and Federal Emergency Management Agency (FEMA) map revision processing. He has provided expert testimony before the Colorado Water Quality Control Commission regarding municipal water quality issues. He has authored and co-authored more than 30 stormwater, floodplain, and water quality manuals throughout the United States. SELECT PROJECT EXPERIENCE High Line Canal Feasibility Study and Master Planning, Urban Drainage and Flood Control District, Denver Metropolitan Area, Colorado. Alan was the principal-in-charge for preparing a one-of-a-kind master plan for operating the High Line Canal to provide stormwater quality treatment and convey stormwater flows. The Stormwater and Operational Master Plan also allows continued use for irrigation water deliveries. The plan is a follow-up to the Feasibility Study for Stormwater Runoff Reduction and Treatment. The study confirmed the practicability of retrofitting the 66-mile-long canal to enhance stormwater quality and runoff reduction. Both projects included characterizing fall watersheds that cross the canal; calculating the canal’s treatment capacity; determining infrastructure needed; estimating the annual stormwater volume available for infiltration and evapotranspiration; determining capacity for stormwater conveyance; conducting an assessment of capital, operational, and maintenance costs; evaluating a framework for operating within the Colorado water rights administration system; providing a conceptual design of a pilot project to further confirm the project feasibility; and identifying future steps for project implementation. The projects involved multiple jurisdictions and were coordinated with several governmental agencies, including their stormwater, public works, and parks and recreation staff. TECHNICAL EXPERTISE / Stormwater Management / Hydrology/Hydraulics / Stormwater Improvements Design / Floodplain Management EDUCATION / BS in Civil Engineering, Colorado State University, Fort Collins, Colorado (1981) REGISTRATIONS & LICENSES / Professional Engineer in Colorado and Nevada PROFESSIONAL MEMBERSHIPS / American Counsel of Engineering Companies (ACEC) / Colorado Association of Stormwater and Floodplain Managers (CASFM) / Colorado Water Congress (CWC) WORK HISTORY / RESPEC (2013–Present) / WRC Engineering, Inc. (1981–2013) ALAN J. LEAK // 2 Stormwater Master Plan, City of Arvada, Colorado. As the principal-in-charge, Alan directed the preparation of the City of Arvada stormwater master plan. Master plan components included a detailed hydrologic model (using SWMM), analysis of existing system deficiencies, recommendations of alternatives, conceptual design, and updates to standards and specifications. RESPEC also developed an online website to review and comment on the modeling and alternatives. The website allowed for easy communication with the client, much less file sharing, and overall project efficiencies. First Creek Master Drainageway Plan (MDP) and Flood Hazard Area Delineation (FHAD), Mile High Flood District (MHFD), Colorado. Ms. Leak is the principal-in-charge for the ongoing First Creek MDP and FHAD in the City of Commerce City. He directed the creation of a large hydrologic model using CUHP/PCSWMM to analyze existing and future 100-year peak flows for the First Creek Basin. The hydrology was also a pilot project testing a web-based master plan that allowed the stakeholders to review and comment on the hydrology online rather than using the traditional report format. The project is currently in the final phase of the FHAD process. The First Creek floodplain is complex and requires detailed 2D HEC-RAS analysis and coordination with the MHFD and FEMA. Piney Creek Major Drainageway Planning and FHAD, Arapahoe and Douglas Counties, Colorado. Alan was the project manager for developing hydrologic and floodplain analyses for the 22-square-mile Piney Creek Watershed. The study included analyzing flooding, conveyance, and water quality problems and performing conceptual design of selected alternatives. Of particular interest was the analysis performed in the study to understand sediment erosion, transport, and deposition in the master planning of drainageway improvements for Piney Creek. Work also included coordinating with several local jurisdictions, including Arapahoe County, Douglas County, the City of Aurora, and the Southeast Metro Stormwater Authority (SEMSWA). Second Creek MDP and FHAD, MHFD, Colorado. Alan was the principal-in-charge for the Second Creek MDP and FHAD in Adams County, the City of Brighton, the City of Commerce City, Denver International Airport, and the City of Aurora. Alan directed the hydrologic modeling using PCSWMM to analyze existing and future 100- year peak flows for the Second Creek basin. The resulting peak flows were used to model potential alternatives within the watershed for detention to reduce peak flows to natural conditions. Henderson Creek MDP, MHFD, Colorado. Alan is the principal-in-charge for the ongoing Henderson Creek MDP in the City of Commerce City. He directed the baseline hydrology modeling and identified alternatives to address existing and future deficiencies for the Henderson Creek and Ragweed Drain channels. The watershed is experiencing ongoing and rapid development; therefore, the MDP requires reviewing and coordinating with development engineers to determine the feasibility of proposed drainage solutions and detention options and their relationship to the MDP. MHFD Confluence Web Platform, MHFD, Colorado. The MHFD leadership team became frustrated with internal workflow, which was dominated by extensive emails, significant quantities of very large georeferenced maps, and routine phone tag with their 43 local government partners. They needed to move forms of communication and access to the web. Alan led a specialized team of professionals to deliver a modern, interactive web experience with high performance accessible on mobile devices. The technical strategy for the project involved developing a shared base map and operational reference data layers for projects and critical attributes. Colorado Floodplain and Stormwater Criteria Manual, Colorado Water Conservation Board (CWCB), Denver, Colorado. Alan was the lead author and project manager for the CWCB’s statewide manual project. The manual was prepared to establish minimum uniform standards for identifying and designating all floodplains in Colorado. The statewide manual also contains engineering and management guidelines for other related floodplain and stormwater topics. These guidelines help local agencies establish standards for drainage and ALAN J. LEAK // 3 floodplain issues. The overall manual contents were organized into two volumes. The criteria presented in Volume I of the statewide manual are minimum guidelines that can be adopted by local communities to manage their stormwater and floodplains and to meet the requirements of the FEMA National Flood Insurance Program. Volume 2 of the statewide manual includes recommended minimum design and technical standards for analysis of natural and manufactured stormwater conveyance systems and design of storm drainage facilities. City of Loveland Stormwater Drainage Criteria Update, Loveland, Colorado. Alan was the author and project manager for this update of the City of Loveland’s Stormwater Drainage Criteria. Alan helped prepare the original Stormwater Drainage Criteria for the City in 1986. This update was prepared to bring the City’s Stormwater Drainage Criteria up to current design standards and drainage policies. This update includes revising the City’s stormwater water quality design criteria to determine the water quality improvements necessary for new development to meet the City’s stormwater quality goals. Criteria revisions have also included updates to design rainfall, stormwater detention design, and stormwater quality best management practices. Easterly Creek Detention Pond, Aurora Water, Colorado. Alan was the principal-in-charge for the Easterly Creek improvements that included a new storm sewer along East 1st Avenue and South Moline Street, as well as new storm inlets to capture and convey local runoff to a new detention pond on a city-owned lot. The lot had several existing utilities, including water, sanitary sewer, gas, and underground electric. The project required unique design solutions developed by collaborating with the City of Aurora to meet the project goals. Inverness Regional Detention Pond, SEMSWA, Arapahoe County, Colorado. Alan was the principal-in-charge of designing improvements to Cottonwood Creek at Easter Avenue to provide regional detention and water quality facilities. The project scope included hydrologic and hydraulic analysis, floodplain delineation, coordination with utility providers, preliminary and final design, and construction management. The final facility includes 29.2 acre-feet of excess urban runoff volume and will detain up to approximately 100 acre-feet of runoff during a future 100-year flood event. The design was complicated because of flaws in the original master plan for this facility, which required several design iterations in finalizing the outlet configuration to meet all the intended master plan flow rates. A camera used to monitor the pond construction recorded flood events, validating the design configuration. Windmill Creek Detention Pond W-4, SEMSWA, Arapahoe County, Colorado. The project scope included complete design, bidding, and construction management services for constructing this regional detention pond. The project included approximately 70,000 cubic yards of detention pond excavation and controlled off- site placement, a 6-foot-high sloping boulder drop structure, tailwater basins and riprap channels for three storm sewer outfalls into the pond, a 25-foot-wide wetland bottom channel through the pond, relocation of 1,300 feet of sanitary sewer, and a 10- and 100-year concrete box outlet structure. Peak 100-year inflow to the pond is estimated to be 821 cubic feet per second (cfs), with a peak 100-year discharge of 427 cfs. Peak storage in the pond is approximately 22.3 acre-feet. Grange Hall Creek Major Drainageway Plan and FHAD, MHFD, Denver, Colorado. Alan was the project manager for this three-phase planning study in the 9-square-mile Grange Hall Creek watershed encompassing four municipalities. Jennie Adair Regional Water Quality Improvements, Aspen, Colorado. Alan was the project manager in charge of providing complete planning, design, and construction management services for this project. Project facilities entailed storm sewer lines, two pretreatment sedimentation vaults, and a water quality/detention pond. The storm sewer portion included approximately 300 feet of 54-inch reinforced concrete pipe (RCP) and 240 feet of 38-inch × 60-inch horizontal elliptical RCP. The project entailed establishing and restoring critical riparian and wetland habitat adjacent to a degraded section of the Roaring Fork River corridor. This project was ALAN J. LEAK // 4 the subject of an article written in the 2008 American Council of Engineering Companies Annual Magazine and received 2008 awards from the Colorado Chapter of the American Society of Landscape Architecture. Design services included conceptual, preliminary, and final design; bidding assistance; construction management; and inspection services. The project was a joint effort with the City of Aspen’s Parks and Open Space Department. Little Fountain Creek Stream Stabilization, Colorado Springs Utilities, Colorado Springs, Colorado. Alan led the geomorphic analysis and natural stream design for stabilizing Little Fountain Creek. The Little Fountain Creek channel had undergone significant degradation and lateral movement after several large flood events in 2013 and 2014. This movement of the alluvial sand-bed channel exposed and threatened critical infrastructure vital to the operation of Colorado Springs Utilities’ electrical powerplant. Alan performed a geomorphic analysis to establish an equilibrium low-flow channel alignment and configuration to design the stabilization improvements. The improvements included exposed and buried riprap bank protection, steel sheet pile cut-off walls, and two large grouted boulder drop structures. Town of Erie Outfall Systems Plan (West of Coal Creek), MHFD, Denver, Colorado. Alan was the project manager for this study to update the existing Erie Outfall Systems Plan report. MELISSA BRYANT, PE, PMP, CFM Senior Project Manager OVERVIEW Melissa Bryant is a Senior Project Manager with more than 24 years of experience in water resource engineering, specializing in stormwater master planning. Her background includes watershed management, ecosystem restoration, and sustainable planning and development. Melissa’s expertise is underscored by her ability to lead multi-disciplinary teams and collaborate with federal, state, and municipal agencies to deliver resilient and innovative solutions to complex water resource challenges. She has experience in water resource planning, flood disaster resilience planning, and sustainable planning and development. PROJECT EXPERIENCE Irondale Gulch Implementation Plan Update, Commerce City, Colorado Melissa was the project manager coordinating with the Mile High Flood District and Commerce City to update an implementation plan for managing the amount of stormwater runoff from several sub-watersheds for a 100-year storm event and ultimate development scenarios. She coordinated with both entities to identify viable solutions for their stormwater management plan. The plan identified several alternative locations for potential detention sites based on an analysis of their zoning changes, future land use, and future development identified in the area. The report provided CUHP and SWMM modeling data and cost estimates for each recommended option. City of San Antonio Bond Low-Impact Development Projects, San Antonio, Texas. Melissa has been the sponsor in coordinating with the City of San Antonio for their stormwater bond projects. She was the lead in coordinating with the City of San Antonio on identifying opportunities for multi-benefit projects that addressed flooding, water quality, urban heat island, social vulnerabilities, and environmental justice and provided recreational opportunities or connectivity in the community. She assisted the City of San Antonio update Unified Development Code ordinances for low-impact development, natural channel design, conservation developments, and stormwater management. Bexar County Creeks & Trails Program, Bexar County/City of San Antonio, San Antonio, Texas. This program will ultimately provide additional recreational trails connecting neighborhoods and public institutions, creating a linear creek trail network throughout the County. Melissa was the project’s sponsor, focusing on restoring aquatic and riparian ecosystems, improving water quality, and providing flood control opportunities. This program is leveraging funding from the City of San Antonio and expanding on trails that could be used as a multi-transit trail. Melissa has been the lead on reviewing preliminary engineering reports and preliminary designs, leading community charrettes, and coordinating with multiple agencies for budgets and interlocal agreements. TECHNICAL EXPERTISE / Stormwater Management / Stream Restoration / Green Infrastructure / Water Resource Sustainability & Resiliency / Water Rights Engineering / Watershed Master Planning / Environmental Permitting / Parks & Trails EDUCATION / MS in Urban and Regional Planning, The University of Texas at San Antonio, San Antonio, TX (2018) / BS in Agricultural Engineering, Texas A&M, College Station, TX (1999) REGISTRATIONS & LICENSES / Professional Engineer in Colorado (No. 0063548) / Professional Engineer in Texas (No. 96775) / Certified Floodplain Manager (No. 2217-12N) / Project Management Professional (No. 1510786) PROFESSIONAL MEMBERSHIPS / American Water Works Association / National Association of Flood & Stormwater Management / Urban Land Institute / American Planning Association / National Society of Professional Engineers / Texas Society of Professional Engineers HONORS & AWARDS / 2022 American Water Works Association George Warren Fuller Awardee WORK HISTORY / RESPEC (2023–Present) / San Antonio River Authority (2002–2023) MELISSA BRYANT // 2 Region 12 Flood Management Plan, Texas Water Development Board, South Central Texas. Melissa was the project sponsor and reviewed and made recommendations for prioritizing the areas within the region with potential projects identified to alleviate flooding. She coordinated with multiple regional communities and made recommendations on the ranked list of ongoing and proposed flood control, mitigation, and strategies necessary to protect against flooding. Melissa completed an analysis of critical infrastructure in the floodplain, road crossings, and other structures. She also reviewed the hydrology, terrain, historic flooding information, and other development factors that would impact future flooding. Based on all the parameters, Melissa reviewed the benefit-cost analysis for each project and made recommendations to the technical memorandum submitted to the Texas Water Development Board to prioritize projects in the regional plan. She also recommended areas of opportunities for multi-benefit projects that could include nature-based solutions. Wilson, Karnes, and Goliad County Watershed Master Plan Melissa was the Project Manager for the Master Plan, coordinating with Wilson County, Karnes County, and Goliad County to identify feasible solutions to address flooding, water quality issues, and stream restoration opportunities. She coordinated with local agencies, including the Natural Resources Conservation Services and the Texas A&M Ag Extension Services, to develop land management plans recommending Best Management Practices for the landowners. She also coordinated the stakeholder process to obtain buy-in from the landowners to begin implementing several of the recommendations. Melissa identified grant funding for the landowners and the local municipalities to ensure the Watershed Master Plan was successful. Brooks Green Infrastructure Master Plan, San Antonio, Texas. Melissa was the project sponsor for the Brooks Master Plan, which identified feasible opportunities for green infrastructure in an area that was once a military base. The master plan addressed low-impact development, stream restoration, water quality modeling, flood issues, conservation easements, and nature-based park planning. The master plan guided future development to manage stormwater runoff while providing recreational opportunities. The Brooks community has a Greenline Linear Park that connects to the San Antonio Mission Reach Linear Trail, providing business, industrial, and residential connectivity. San Antonio River Authority Cooperating Technical Partner (CTP) Program, San Antonio, Texas. Melissa was the Authorized Agent for the River Authority’s CTP Program. She coordinated with the U.S. Federal Emergency Management Agency annually, submitting grant applications for funding the local floodplain mapping updates, LOMRs, CLOMRs, and RiskMAP efforts. Melissa coordinated with local municipalities and their floodplain managers on future developments and created master plans for future regional projects to alleviate flooding in the San Antonio Watershed. She was instrumental in leading the Bexar Regional Watershed Management Committee, consisting of 21 municipalities and counties focused on regional flood management initiatives. San Pedro Creek Cultural Park, Bexar County/City of San Antonio, San Antonio, Texas. Melissa was the sponsor for the multi-phased joint project with Bexar County, the City of San Antonio, and the San Antonio River Authority. It provided connectivity along the west end of downtown. San Pedro Creek Cultural Park is a linear park in downtown San Antonio that incorporates green infrastructure, public art pieces, and a hike and bike trail, providing flood control, water quality, and ecosystem restoration. Melissa was the lead on reviewing and making recommendations to the historical and cultural reports as part of the Federal Section 106 permit review with the U.S. Army Corps of Engineers (USACE). She was also the lead on the permit applications to USACE for the Federal Section 404 and Section 408 permit applications. She was instrumental in coordinating with adjacent landowners for donations and easements of property for the project and coordinating connections to the linear trail for future economic development. Melissa was also the lead in obtaining the water rights permits for the project features and amenities. LEE D. ROSEN, PE, CFM Quality Assurance/Quality Control OVERVIEW Lee Rosen has 16 years of planning, design, and construction experience. He has developed plans, specifications, and cost estimate packages for various local, state, and federal government stormwater infrastructure, stream restoration, and bridge replacement projects. He is experienced in hydraulic and hydrologic analyses, transportation-related drainage, bridge scour, floodplain modeling, stream restoration, channel stabilization, trail design, and permanent water quality design. PROJECT EXPERIENCE 62nd Avenue from Pecos Street to Washington Street, Adams County, Colorado. Lee is the project manager responsible for the drainage engineering design for the 62nd Avenue improvements between Pecos Street and Washington Street. This design includes the hydrology, hydraulics, and water quality. The project requires coordination with the Mile High Flood District (MHFD), Colorado Department of Transportation, adjacent property owners, and irrigation ditch companies. Omni Tributary – Prairie Hawk Drive to Red Hawk Drive Project, Town of Castle Rock, Colorado. As the project manager for this ongoing project, Lee is responsible for leading a diverse team and stakeholder group to stabilize the Omni Tributary and protect the adjacent properties, trail system, riparian habitat, and utilities. Lee’s team prepared the construction documents, floodplain and environmental permitting, subsurface utility engineering, and geomorphic and geotechnical design elements. Green Acres Tributary Improvements, MHFD and Town of Parker, Colorado. Lee was the project manager for this fee-in-lieu project to improve approximately 4,500 linear feet of stream using a combination of step/pool, riffle/pool, and concrete sculpted drop structures; protect an existing 42-inch water line; and analyze an underpass under the proposed Belford Avenue with a pedestrian trail. The proposed work included an individual 404 permit, floodplain permitting, and coordination with the numerous project stakeholders and subconsultants. Soda Creek Bridges and Neighborhood Improvements, Steamboat Springs, Colorado. Lee was the project manager for this project that looked to replace the Soda Creek bridges, provide pedestrian connections along 11th and Oak Streets, improve multimodal and transportation movements along 11th and Oak Streets, and provide permanent water quality infrastructure along 11th and Oak Streets. Because of funding constraints, the project was scaled back to only include scour countermeasures and structural rehabilitation at the existing structures. 2018 General Storm Projects, City and County of Denver, Colorado. Lee was the project manager responsible for designing storm sewer systems in two neighborhoods in Denver TECHNICAL EXPERTISE / Hydrology and Hydraulics / Floodplain Analyses / Water Quality BMP Design / Stream Restoration / Channel Stabilization / Transportation Drainage / Bridge Scour / Trail Design / Sediment and Erosion Control / Design and Construction Plans / Specification Development / Bid-Phase Services EDUCATION / BS in Civil Engineering, University of California, Los Angeles, CA (2007) REGISTRATIONS & LICENSES / Professional Engineer in Colorado (No. 46350), Alaska (No. CE-197988), California (No. 79883), and Minnesota (No. 51071) / Certified Floodplain Manager (CFM) (No. US-10-05325) PROFESSIONAL MEMBERSHIPS / American Council of Engineering Companies / Chi Epsilon Engineering Honor Society / Colorado Association of Stormwater and Floodplain Managers / Engineers Without Borders WORK HISTORY / RESPEC (2018–Present) / Atkins North America (2016–2018) / RESPEC (2011–2016) / Moser & Associates Engineering (2007–2011) LEE ROSEN // 2 to reduce flooding. The project involved numerous utilities, tight corridors, and the need to balance surface water within the roadway and the storm sewer system because of downstream capacity constraints. City of Loveland Stormwater Quality Master Plan, City of Loveland, Colorado. Lee was the project manager for this project, which identified critical outfall systems in need of water quality solutions. A list of potential water quality best management practices (BMPs) was developed based on drainage criteria adopted by the City and the City’s experience with particular BMPs, and the applicability of each potential BMP was evaluated at each site. Through a collaborative process with the City, the top 15 locations were identified, and potential solutions were recommended. Madison Avenue Outfall, City of Loveland, Colorado. Lee was the project manager for this design project, which combined water quality and an updated outfall channel and drop structure. A diversion structure was designed to divert the water quality event through a treatment train that includes a water quality forebay and existing wetlands before discharging back into the Big Thompson River. The outfall channel was also improved to protect a Western Area Power Administration power pole, incorporate a trail and pedestrian bridge, and replace a failing 14-foot drop structure with a concrete sculpted drop structure. Second Creek Tributaries Master Drainage Plan (MDP) and Flood Hazard Area Delineation, MHFD, Colorado. Lee is leading the Floodplain Analysis, Alternatives, and Conceptual Design portions of the MDP and Flood Hazard Area Delineation (FHAD), comprising 15 tributaries To Second Creek. Project stakeholders include Adams County, Commerce City, the City and County of Denver, Denver International Airport (DEN), and the City of Aurora. Prairie Dog Draw Master MDP and Flood Hazard Area Delineation, MHFD, Colorado. Lee is leading the MDP and FHAD for Prairie Dog Draw, which is approximately 6 square miles and is a tributary to Coyote Run and Box Elder. Project stakeholders include the City of Aurora and Arapahoe County. Prairie Dog Draw is a test study for new MDP deliverables, which includes using ArcGIS online servers to streamline data entry for the MHFD Confluence website. Hydrology Master Plan, DEN, Denver, Colorado. Lee was the project engineer responsible for preparing the hydrology of Second and Third Creeks through the airport and compiling the effective hydrology for the other six watersheds that crossed the airport boundary. The hydrologic analysis was completed using the CUHP and EPA-SWMM computer models. The calculated peak flows were used to identify alternatives and required storm sewer trunk line sizes within DEN to adequately convey the 100-year design event. Peak View Park Access, Trail and Irrigation Project, City of Lakewood, Colorado. Lee was the project manager for this project, which aims to use a 57-acre parcel owned by the City of Lakewood as a public open space-type park with over a mile of Americans with Disabilities Act-compliant concrete trail for bikes and pedestrians. Public vehicular access to the park will be provided by an interim asphalt road connection to Wadsworth Boulevard and a permanent asphalt park entry drive leading to a 44-space temporary gravel parking lot. Three existing irrigation ditch crossings needed to be constructed, and more than 10 trail crossings of local drainages have been incorporated. Construction is anticipated in Fall 2022. North Mesa Area Drainage Master Study, Maricopa County Flood Control District, Arizona. Lee was the senior engineer responsible for helping develop a Flo-2D model with more than 200 culverts for an approximately 12.5-square-mile watershed. The project consisted of a developed urban area in the northern portion of Mesa and extended into the City of Apache Junction. The model was created with updated surfaces, grid sizes, culvert hydraulics, and other parameters to provide a more accurate representation of the floodplain. JOHN J. COSTELLO IV, PHD Project Engineer OVERVIEW Dr. John Costello has more than 4 years of experience in physical habitat sampling, geomorphology, statistical analyses, and project management. While earning his doctoral degree, John analyzed and compared valley-scale morphologies of temperate river systems in the western United States and Mongolia using remote and in situ data collection methods. John also gained hydrologic and hydraulic modeling knowledge through South Dakota School of Mines & Technology courses. John acquired a breadth of understanding in groundwater and geology with the curriculum at Bemidji State University. His skills include watershed delineation and analysis, detailed mapping, floodplain delineation, fluvial hazard mapping, and stormwater master planning. John is also skilled in conducting and preparing analyses from the Colorado Urban Hydrograph Procedure (CUHP), SWMM, HEC-RAS 1D & 2D, InfoWater Pro, and HEC-HMS models. As a detail-oriented and team-focused individual, John effectively leads groups and collaborates with peers and multi-disciplinary teams. He is well-versed in water resource and water quality applications, as well as civil engineering, ecology, and statistics. TECHNICAL EXPERIENCE Field Work and Sampling. From the knowledge he has ascertained, John has developed analysis frameworks for evaluating cross-scale relationships between valley morphology, watershed, and geomorphologic characteristics. Along with monitoring and maintaining the performance of a laboratory-scale trickling bed filter, he has constructed, conducted, and analyzed laboratory-scale experiments of metal removal from metal concentrations by a foamed glass material. Statistical Analyses. John has conducted multiple statistical and multivariate analyses to evaluate the similarities, relationships, and variability of morphological characteristics at multiple scales. He has used methods that range from t-tests to principal component and cluster analyses. Geographic Information Systems. John has used GIS, both ArcGIS Desktop and ArcGIS Pro to conduct numerous tasks. He has experience automating processes in the geoprocessing model builder in ArcGIS and through Python. He has experience managing and analyzing large spatial data sets across a range of spatial scales. John also has experience creating publication-ready maps using a variety of spatial representations of information. John is well-practiced in transferring data into GIS systems and formats from other formats, including HEC-RAS, HEC-HMS, and AutoCAD Civil 3D. TECHNICAL EXPERTISE / Field Work and Sampling / Geomorphology / Statistical Analyses / Project Management EDUCATION / PhD in Civil and Environmental Engineering, South Dakota School of Mines & Technology, Rapid City, SD (2021) / MS in Civil and Environmental Engineering, South Dakota School of Mines & Technology, Rapid City, SD (2020) / BS in Environmental Studies, Bemidji State University, Bemidji, MN (2014) PROFESSIONAL MEMBERSHIPS / American Society of Civil Engineers (ASCE), Environmental and Water Resources Institute (EWRI) / American Water Resource Association (AWRA) / Colorado Association of Stormwater and Floodplain Managers (CASFM) CERTIFICATIONS & TRAINING / OSHA HAZWOPER 40-Hour (previous, 2016) / CASFM Fluvial Hazard Mapping (FHZ) Training (2022) WORK HISTORY / RESPEC (2021–Present) / South Dakota School of Mines & Technology (2015–2021) / Apex Companies, LLC (2015) / Institute of Environmental Science and Research (2014) JOHN J. COSTELLO // 2 PROJECT EXPERIENCE First Creek Flood Hazard Area Delineation (FHAD), Mile High Flood District (MHFD), Colorado. John used peak flows and a 2-D HEC-RAS model to inform and develop a 1D HEC-RAS model for the First Creek Watershed. John represented a complex floodway with three split flows, numerous non-storage ponds, bridges, and culverts. John has also developed and submitted a report describing the modeling efforts and results. Second Creek FHAD, MHFD, Colorado. John assisted with finalizing the FHAD report on Second Creek through a detail-oriented process to address client comments. John ensured that all comments were addressed appropriately through communication with the client and knowledge of floodplains. Buffalo Run Major Drainageway Plan, MHFD, Colorado. John used publicly available data, and the client provided data to develop peak flows using the CUHP and PCSWMM. He has developed existing and future land use and impervious percentages through this process. John has also developed high-quality, informative figures in ArcGIS Pro and wrote a report documenting modeling efforts and results. Miscellaneous Drainage Program, City of Arvada, Colorado. John developed an intake form for use by the City of Arvada, Colorado, to unify and collect drainage issues reported to the City by residents. John used Survey123 to develop the intake form and set up a framework for prioritizing issues with input from the client. Within a team, John assisted with developing an automated prioritization tool to provide the client with a streamlined system of collecting and assessing drainage issues. Jornada System and Stern Drive Well Evaluation, City of Las Cruces, New Mexico. John assisted in assessing treatment options for a uranium-contaminated well using research skills and communication with producers of treatment systems. John compiled and reported on treatment options, costs, maintenance, and effectiveness for the feasibility of treatment for drinking water. John also assisted in assessing distribution system connections between the City of Las Cruces and smaller acquired distribution systems. John assessed pressure zones and compiled storage, connection, and source information for the distribution systems in InfoWater Pro. John created clear and concise figures for assessments and inclusion in the report for the client. High Line Canal Model Maintenance, MHFD, Colorado. John updated and reported on model results to inform multiple communities of inflows to the canal and flows in the canal using CUHP and SWMM. First and Second Creek Living Models, MHFD, Colorado. John is developing and reviewing models incorporating proposed and approved developments into CUHP and SWMM. He has examined the impacts of detention ponds, subcatchment revisions, and imperviousness changes to peak flows throughout the First and Second Creek watersheds. John has reported in detail the impacts of proposed and approved development on peak flows along the mainstem and tributaries. PUBLICATIONS & PRESENTATIONS Costello IV, J. J., 2021. Evaluating Characteristics and Methodologies of Remotely Classified River Systems in the United States and Mongolia, doctoral dissertation, South Dakota School of Mines & Technology, Rapid City, SD. WILLIAM M. LYNN, PE Project Engineer OVERVIEW Will Lynn has more than 3 years of experience in master planning design and floodplain analysis. His knowledge includes hydraulic modeling, culvert analysis and design, and channel analysis. His skills include developing and analyzing watersheds, building detailed ArcGIS maps, and conducting river analysis in the Storm Water Management Model (SWMM). Will has a solid understanding of water quality and treatment processes. Will is goal-centered, team-focused, and effective in leading groups and collaborating with peers and clients. He is versed in water quality and water resources applications, as well as civil engineering and field techniques. TECHNICAL EXPERIENCE Hydrology Modeling. Will implemented HEC-RAS, Civil3D, and ArcGIS to conduct urban and rural stormwater and runoff analyses. He has investigated the impact of storms on streams based on the changing land use. Will is proficient in implementing Colorado Urban Hydrograph Procedure (CUHP) and SWMM models to analyze storm systems and rivers, which also required developing his knowledge of other programs such HydraulicToolBox and HY-8. Field Work/Sampling. Will has conducted both outfall inspections and water sampling in the field. He has performed numerous outfall and culvert inspections. He has also collected data from streams, including flow rate, riverbank characteristics, and nutrient concentrations. PROJECT EXPERIENCE STORMWATER AND FLOODPLAIN MANAGEMENT Henderson Creek Master Drainageway Plan (MDP), Mile High Flood District (MHFD), Colorado. Will used resulting peak flows from PCSWMM to model potential alternatives within the watershed, such as detentions, increasing culvert size, and improved channel design. Will also developed a non-regulatory existing floodplain in HEC-RAS 2D. Second Creek Tributaries Master MDP and Flood Hazard Area Delineation, MHFD, Colorado. Will determined subcatchment parameters in ArcGIS, which he implemented into CUHP. Additionally, Will used CUHP and PCSWMM to analyze existing and future 100- year peak flows for the Second Creek Tributaries basins. The project is anticipated to be completed in the spring of 2022. Prairie Dog Draw MDP and FHAD, MHFD, Colorado. Will used CUHP and PCSWMM to analyze future and existing peak flows for the watershed-based subcatchment parameters evaluated in ArcGIS. Prairie Dog Draw is a test study for new MDP deliverables, which includes using ArcGIS online servers to streamline data entry for the MHFD Confluence website. TECHNICAL EXPERTISE / Hydrology Modeling / Field Work/Sampling/Inspections / Watershed Master Planning / Stormwater Design EDUCATION / MS in Civil Engineering, Marquette University, Milwaukee, WI (2019) / BS in Civil Engineering, Gonzaga University, Spokane, WA (2017) REGISTRATIONS & LICENSES / Professional Engineer in Colorado (No. 0063184) PROFESSIONAL MEMBERSHIPS / American Society of Civil Engineers, Young Member (2019–Present) / Colorado Association of Stormwater and Floodplain Managers (CASFM), Young Member (2020–Present) WORK HISTORY / RESPEC (2020–Present) / Peak Property Development Company (2014–2020) / Marquette University (2017–2019) / Gonzaga University (2016) / Washington State Department of Ecology (2016) WILLIAM M. LYNN // 2 Lone Tree Creek Letter of Map Revision (LOMR), Centennial, Colorado. Will analyzed and updated the FEMA 100-Year Floodplain and Floodway for Lone Tree Creek based on an updated hydrology report. Will evaluated the 1D HEC-RAS model and delineated the floodplain for the reach. A detailed LOMR report was also completed for this project. Outfall Inspections Douglas County Outfall Inspections, Douglas County, Colorado. Will analyzed outfalls throughout Highlands Ranch and The Pinery. He evaluated outfalls for possible conveyance problems and downstream conditions. Will is currently the lead on The Pinery inspections, which involves coordinating with the staff and updating ArcGIS maps accordingly. Stormwater Design Cherry Creek Monitoring Station CC-10 and Lakeview Drive Flow Rating, Cherry Creek Basin Water Quality Authority, Colorado. Will updated the CC-10 rating curve by comparing channel depth to flowrates based on HEC-RAS analysis. Will also analyzed the impact of Lakeview Drive on the rating curve and determine if flow was being redirected away from the monitoring station by analyzing the culverts and roadway in HEC-RAS. Projected to be completed in August of 2021. PUBLICATIONS & PRESENTATIONS Lynn, W., J. Heffron, and B. K. Mayer, 2019. “Electrocoagulation as a Pretreatment for Electroxidation of E. coli,” Water 2019, Vol. 11, No. 12, p. 2509. Lynn, W., 2019. “Electrocoagulation and Electrooxidation Treatment of E. coli for Drinking Water Systems,” Proceedings, Central States Water Environment Association 92nd Annual Meeting, Madison, WI, May 14–16, Central States Water Environment Association, Crystal Lake, IL. Lynn, W., 2016. “Adding Biochar to Capture Compost Emissions,” Proceedings, BIOCHAR 2016 Symposium: The Synergy of Science and Industry, Corvallis, OR, August 22–25, US Biochar Initiative, Portland, OR. WILLIAM MECIER Project Scientist OVERVIEW William Mecier is a distinguished Hydroinformatic Scientist with six years of dedicated experience in the water sector, specializing in stormwater management, water and wastewater treatment, water chemistry, remote sensing, and data science. His expertise in hydroinformatics is underscored by a solid foundation in geospatial science, computational hydraulics, surface water modeling, groundwater modeling, and the innovative application of artificial intelligence in water and remote sensing workflows. William has developed turnkey artificial intelligence solutions, flood risk maps, automated engineer workflow with Python, and consulted on statistical methods for hydrograph determinations. TECHNICAL EXPERIENCE H&H Modeling. William has created and designed numerous 1D and 2D hydraulic models. With experience in computational hydraulics, he has deep knowledge of the governing equations and use of HEC-RAS, Flood Modeller, FEFLOW, Telemac-2D, InfoWater Pro, Iber, CityCat, SWMM, PCSWMM, Flow-3D Hydro, DELFT3D, and others. Data Analysis and Automation. William has professional and educational experience in Python, R, Matlab, SQL, and Excel, of which he has written code for computational hydraulics, ArcGIS process automation, data collection and process automation for CUHP, data collection for Mile High Flood District (MHFD) projects, and geospatial databases. Artificial Intelligence (AI)/Machine Learning (ML). William has educational experience in training and creating Machine Learning systems (AI, ML classification, ML regression, Neural networks, data preprocessing, and computer-vision). These systems process large amounts of data and provide statistical insight for decision support, long-term feasibility, and rapid data-rich model creation. PROJECT EXPERIENCE Prairie Dog Draw Master Drainageway Plan (MDP) and Flood Hazard Area Delineation (FHAD), MHFD, Colorado. William is helping with the hydrology and developing automation tools for the Prairie Dog Draw MDP and FHAD, which is approximately 6 square miles and tributary to Coyote Run and Box Elder. Prairie Dog Draw is a test study for new MDP deliverables, which includes using ArcGIS online servers to streamline data entry for the MHFD Confluence website. Walnut Creek Stream Improvements, MHFD, Colorado. William is developing a RAS-2D model assessing the current channel and bank conditions required to complete a conceptual design for over a mile of stream that passes through the site. The project focused on stream improvement using MHFD stream design and preserving existing wetlands. TECHNICAL EXPERTISE / 1D/2D Hydraulic Modeling / Data Analysis and Automation / Hydrology and Rainfall Analysis / Artificial Intelligence/Machine Learning EDUCATION / MSc in Hydroinformatics and Water Management, Universitat Politecnica de Catalunya, EuroAquae+, Barcelona, Spain (2023) / BS in Environmental Science and Technology, Colorado Mesa University, Grand Junction, CO (2017) REGISTRATIONS & LICENSES / State of Colorado Certified Water Professional / State of Colorado Water Operator D Level / FAA Part 107 UAS Pilot License PROFESSIONAL MEMBERSHIPS / Water Environment Federation Member CERTIFICATIONS & TRAINING / HAZWOPER 40-Hour / HydroEurope 2023 Cohort / NASA ARSET SAR WORK HISTORY / RESPEC (2023–Present) / Lower Colorado River Authority (2020–2021) / Travis County Water Control and Irrigation District #17 (2019–2020) / Eagle River Water and Sanitation District (2018-2019) / Vail Resorts (2018) WILLIAM MECIER// 2 104th Avenue Widening – Colorado Boulevard to U.S. 85, City of Thornton, Colorado. William is assisting with developing the South Platte River floodplain and HEC-RAS 2D model. The overall project includes 3 miles of roadway widening and developing solutions to reduce inundation by the Federal Emergency Management Agency-regulated Grange Hall Creek, South Platte River, and First Creek floodplains. Costilla Ave Tributary Improvement Project, SEMSWA, Colorado. William developed a hydraulic model project for the Costilla Avenue Tributary, using CUHP for hydrograph creation and atmospheric conditions and HEC-RAS 2D for flood risk simulation in a residential area. This project integrated remote sensing data, including imagery, watershed delineation, land use, infiltration, and Natural Resources Conservation Service soil moisture layers. The goal of this project was to evaluate current conditions and flood mitigation strategies within a low-to-medium-density urban area. This work informed engineers on flooded infrastructure with incredible accuracy to CUHP hydrographs via a rain-on-grid model, showcasing expertise in enhancing flood resilience in urban settings. First and Second Creek Living Models, MHFD, Colorado. William is assisting in developing the living models for First Creek and Second Creek. This project includes revisions to and review of CUHP and SWMM models of these watersheds to incorporate both proposed and approved developments as they occur. The goal is to examine the impact of detention ponds, sub-catchment boundary revisions, and changes to imperviousness on peak flows throughout the First Creek and Second Creek watersheds. CAROLYN MACEK Project Scientist OVERVIEW Carolyn Macek has more than 7 years of experience helping organizations comply with Municipal Separate Storm Sewer Systems (MS4) Permit requirements. She has developed management plans, guidance documents, and annual reports with a thorough understanding of stormwater regulations and strong technical writing skills. Carolyn is skilled at communicating technical information to wide-ranging audiences. She is passionate about creating technical solutions for clients that streamline compliance and support data-driven decisions. PROJECT EXPERIENCE Stormwater Asset Management, Douglas County, Colorado. Carolyn has acted as technical lead and project manager for Douglas County’s asset management program since 2021. She developed a series of digital inlet and outlet inspection forms that streamlined field data collection and reporting. Carolyn collaborated with County subject matter experts to create a scoring matrix that utilizes field and CCTV condition assessment data, location information, and public safety data. These pipe replacement scores have allowed the County to take a strategic and data-driven approach to pipe repair and replacement. Prairie Dog Draw Master Drainage Plan (MDP) and Flood Hazard Delineation (FHAD), MHFD, Colorado. Digital submittal and review processes can help streamline project communications, particularly on complex projects. To help improve this process for the Prairie Dog Draw MDP and FHAD, Carolyn developed a project webpage “one-stop shop” that integrates project management information, deliverables, and live comment-response capabilities. This tool has allowed us to be more responsive to client needs and concerns as they arise on the project. MS4 Support Services, City of Lone Tree, Colorado. Since selection in 2023, Carolyn has provided technical support and solutions for the City of Lone Tree stormwater MS4 construction and post-construction inspection programs. She developed field applications that integrated with existing geospatial data and allowed field inspectors to easily record critical inspection information. Carolyn used automation tools to streamline reporting and communication processes with contractors, the City, and other critical stakeholders on inspection findings, saving inspectors’ time and project budget. Permanent Water Quality During Construction, Colorado Department of Transportation (CDOT), Colorado. Carolyn has been the technical lead and project manager for a large contract with CDOT since her start at RESPEC in 2021. The objective of this project is to enhance and establish consistent communication between various CDOT divisions on the use of permanent water quality features. Carolyn has led project meetings with 20 or more subject matter experts from CDOT’s design, construction, maintenance, and TECHNICAL EXPERTISE / MS4 Permit Compliance / Science Communication and Training / GIS-Based Tools / Technical Writing EDUCATION / MS in Biological Sciences, Idaho State University, Pocatello, ID (2018) / BS in Environmental Studies, Davidson College, Davidson, NC (2014) HONORS & AWARDS / Top Oral Presentation in Biological and Natural Sciences, Idaho State University Graduate School (2018) / Top Poster Presentation, Idaho Established Program to Stimulate Competitive Research (EPSCoR) Meeting (2017) WORK HISTORY / RESPEC (2021–Present) / Utah Department of Transportation (2019–2021) / National Aeronautics and Space Administration (NASA) DEVELOP (2018) CAROLYN MACEK // 2 environmental divisions to develop guidance. The final deliverables will encompass Standard Operating Procedures, training materials, Project Specials, and an internal communication flowchart. Water Quality Construction Section Support Services, CDOT, Colorado. As part of the same large CDOT contract, Carolyn has provided ongoing support to CDOT’s Water Quality Construction Section since her start with RESPEC in 2021. The current comprehensive task order encompasses 16 distinct tasks, spanning a wide spectrum of documentation, procedures, and regulatory elements related to water quality. Currently, Carolyn is drafting updates to CDOT’s MS4 Construction Program Manual and the Construction Program Description Document. She has conducted program and training audits to ensure the section meets all regulatory requirements and standards and developed recommendations to improve compliance. MS4 Program Support, Utah Department of Transportation (UDOT), Utah. Before joining RESPEC, Carolyn worked as a stormwater specialist for UDOT and was the point person for many program elements. She managed a stormwater database of more than 300,000 stormwater assets, used Survey123 to digitize and streamline MS4 inspections across all MS4 program elements, and created dashboards to visualize inspection data and give at-a-glance views of permit compliance. Carolyn created project management and organizational tools to manage a $30-million state facility retrofit program at more than 100 locations throughout Utah. She additionally authored the stormwater management plan, facility stormwater pollution prevention plans, annual reports, and a dozen detailed program summaries submitted to the U.S. Environmental Protection Agency in 2020 as part of a Consent Decree. PUBLICATIONS & PRESENTATIONS Macek, C., Hale, R., Baxter, C. 2020. "Dry Wetlands: Nutrient Dynamics in Ephemeral Constructed Stormwater Wetlands,” Environmental Management, Vol. 65, No. 1, pp. 32–45. doi: 10.1126/science.331.6022.1252. Macek, C., 2018. Dynamics & Disconnects: Macronutrient Cycling in Ephemeral Constructed Stormwater Wetlands & National Patterns in Stormwater Management, MS Thesis, Idaho State University, Pocatello, ID. WILLOW R. HASSEL Project Scientist OVERVIEW Willow Hassel is a stormwater professional with a strong background in program management, regulatory compliance, and water quality monitoring. She has supported numerous stormwater programs, including asset management, Municipal Separate Storm Sewer System (MS4) permit compliance, and watershed management. She has extensive experience conducting drinking water, stormwater, and raw water sampling and analysis. Willow has supported MS4 programs across Colorado and Michigan. She has completed several analyses comparing various permits and planning practical methods for implementation. Willow excels at project coordination and dealing with stakeholders, including the public, attorneys, engineers, elected officials, state departments, and municipal staff. Willow is detail-oriented and exceptionally passionate about water quality. PROJECT EXPERIENCE Stormwater Asset Management, Douglas County, Colorado. Douglas County is working to understand the condition of its stormwater infrastructure with support from RESPEC. This multi-step approach includes inlet and outlet inspections, pipe videos, and lining and replacement on an ongoing basis. When inlet or outlet inspections indicate damage, another contractor completes pipe videos in the area. Willow is primarily responsible for reviewing, quality assurance, and control of the pipe videos. She will be working with the county GIS to help the County decide what pipes need rehabilitation and replacement. Montgomery Drain Project, Ingham County Drain Commissioner, Lansing, Michigan. This project was a major overhaul of the drainage district, vastly improving water quality entering the municipal separate storm sewer system and the Red Cedar River. The project included 15 divisions of work that were designed and executed from 2014 to 2022. Willow coordinated the project through these phases, from contractor coordination to public correspondence. Willow managed the project budget, task lists, and project schedule. She wrote and edited engineering specifications and soil erosion and sedimentation control plans. She posted the plans for bidding, conducted bid opening meetings, helped select contractors, and led pre-construction kick-off meetings. She also coordinated Soil Erosion and Sedimentation Control inspections and managed change orders during construction. Montgomery Drain Stormwater Asset Management Plan, Ingham County, Michigan. This grant-funded project determined the condition of all drains and appurtenances in the Montgomery Drainage District. Willow managed all grant disbursement reporting for this project. She also participated in the writing and editing of the asset management plan. Clear Creek Water Quality Monitoring, Colorado Department of Transportation, Clear Creek County, Colorado. This ongoing project monitors the water quality of Clear Creek along the I-70 corridor from the twin tunnels to the Idaho Springs area. The purpose of the project is to determine the impact of road salt on Clear Creek. Willow’s responsibilities TECHNICAL EXPERTISE / MS4 Program Support / MS4 Program Audits / Permanent BMP Inspections / Stormwater Pollution Program Reporting / Grant Writing and Reporting / Backflow and Cross Connection Control Program Management / ArcGIS / Water Testing / Soil Erosion and Sedimentation Control Construction Planning and Inspections EDUCATION / BS in Environmental Studies and Sustainability, Michigan State University, East Lansing, MI (2017) PROFESSIONAL MEMBERSHIPS / American Water Works Association / Colorado Stormwater Council CERTIFICATIONS & TRAINING / OSHA 10-Hour Certified / CDOT Transportation Erosion Control Supervisor (TECS) / Qualified Compliance Inspector of Stormwater (QCIS) – Colorado / Water Treatment Water Operator D / Campbell Scientific CRBasic and Datalogger Training Certificate HONORS & AWARDS / Honors College Graduate of Michigan State University WORK HISTORY / RESPEC (2022–Present) / City of Englewood (2022) / Spicer Group, Inc. (2019–2021) / Ingham County Drain Commissioner’s Office (2018) / Clean Water Action (2015–2017) WILLOW R. HASSEL // 2 include client communications, data analysis and dissemination, datalogger programming, and station maintenance. Water Quality Technical Services, Chatfield Watershed Authority (CWA), Jefferson and Douglas Counties, Colorado. RESPEC has contracted with the CWA for 5 years, providing a wide range of technical services. RESPEC oversees water sampling, collects data, and analyzes yearly results. RESPEC also attends meetings with various groups on behalf of CWA. The team regularly shares information and coordinates various water quality- related items. RESPEC assists the CWA with maintaining compliance with various regulations, including a total maximum annual load for total phosphorus. Willow manages and analyzes data as it is received, creates presentations and visual tools describing water quality trends, manages state reporting requirements and data calls, and drafted the 2022 annual report. Permanent Water Quality During Construction, Colorado Department of Transportation (CDOT), Statewide Colorado. The goal of this project is to improve and standardize the Permanent Water Quality program at CDOT. Willow has been involved in all aspects of this project, including generating internal and external documentation for CDOT staff and contractors to understand and implement requirements. Regular meetings with CDOT staff from design, construction, maintenance, and groups are held to discuss potential impacts on their work areas. The final work products will include Standard Operating Procedures, training materials and recommendations, Project Specials, and an internal flowchart. Water Quality Construction Section Support Services, CDOT, Statewide Colorado. This project supports the Water Quality Construction Section at CDOT. This large task order includes 16 separate tasks, which cover a broad range of documentation, procedures, and regulatory support items relating to water quality. Willow’s work on this project includes each of these tasks. Willow is currently drafting water quality specification updates for the Standard Specifications for Road and Bridge Construction and supporting updates to the Construction Program Description Document and MS4 Construction Manual. Willow is supporting CDOT efforts to prepare for the upcoming renewal of the construction permit (COR4000000). Additional tasks include inspection software support, webpage updates, Stormwater Management Plan guidance, and further document updates. Fold-and-Form Pipelining Feasibility Study, Department of Transportation and Infrastructure, City and County of Denver, Colorado. The purpose of this project is to study and understand fold-and-form pipelining and whether adding this method to the City and County of Denver’s pipe rehabilitation program would be beneficial. The study includes benchmarking, comparing traditional cured-in-place pipelining, and a survey of other municipalities with fold-and-form pipelining experience. Willow is the lead on this project. The deliverable of this project will be a report outlining all findings. MS4 Support Services, City of Glendale, Colorado. Since starting at RESPEC, Willow has led all construction inspections for the City of Glendale for all construction sites. Willow manages construction inspection reports, reviews Stormwater Management Plans (SWMPs), and monitors third-party inspections. Willow drafted the annual MS4 report in 2022. She reports and manages illicit discharges and conducts municipal trainings. Willow recently updated all post-construction procedures for the City to streamline permanent water quality feature design requirements, operation, and maintenance for private structures. RESPEC.COM 1 REQUEST FOR PROPOSALS RFP-24-106-STORMWATER MASTER PLAN PROPOSAL DUE DATE: Wednesday, February 7, 2024 BY 4:00 PM Mountain Time Mandatory Pre-Proposal Conference: Virtual (meeting link on page 16) January 24, 2024 AT 1:00 PM BidNetdirect.com is the ONLY acceptable repository for submission documents. Late submissions and submissions otherwise received WILL NOT be considered for award. Contact with the issuing department may result in disqualification, please direct questions to contact as listed below. City of Wheat Ridge Procurement Attn: Whitney Mugford-Smith wmsmith@ci.wheatridge.co.us DOCUMENTS PREPARED BY: Public Works Department Procurement & Contracting Division ANTIICIPATED KEY DATES RFP Issued: January 11, 2024 Pre-Proposal Meeting/ Conference: January 24, 2024 Question Acceptance Deadline: January 30, 2024 Proposals Due by: February 7, 2024 Anticipated Contract Execution: March 12, 2024 Anticipated Start Date: March 18, 2024 IMPORTANT: PLEASE READ ENTIRE DOCUMENT – DO N/OT REMOVE ANY PAGES Per the attached specifications, terms, and conditions. ATTACHMENT 3 EXHIBIT A 2 TABLE OF CONTENTS PAGE #: COVER PAGE ....................................................................................................................................................... 1 TABLE OF CONTENTS ........................................................................................................................................ 2 ADMINISTRATIVE & OFFEROR INFORMATION ................................................................................................ 3 BACKGROUND & SCOPE OF WORK SUMMARY ............................................................................................ 10 MANDATORY PRE-PROPOSAL MEETING ...................................................................................................... 16 PROPOSAL SUBMISSION FORMAT................................................................................................................. 17 EVALUATION CRITERIA .................................................................................................................................... 21 FORMS PROPOSER INFORMATION & ADDENDUM ACKNOWLEDGEMENT FORM ............................................. 23 NON-DISCRIMINATION ASSURANCE FORM ............................................................................................... 24 NON-COLLUSION AFFIDAVIT ........................................................................................................................ 24 VENDOR’S QUALIFICATION FORM ............................................................................................................. 26 SAMPLE AGREEMENT ................................................................................................................................... 34 EXHIBIT A: PRICE SCHEDULE ...................................................................................................................... 39 EXHIBIT B: AFFIDAVIT ................................................................................................................................... 40 EXHIBIT C: ACCEPTANCE OF CONDITIONS STATEMENT ........................................................................ 41 EXHIBIT D: PROFESSIONAL SERVICES BILLING SAMPLE FORM ............................................................ 42 ATTACHMENTS ATTACHMENT A: 1979 STORMWATER MASTER PLAN ADDENDUM (if applicable) 3 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. 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 4 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: -No exclusion for abuse or molestation -No exclusion for assault and battery -Liquor liability Required 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 Required 5 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. 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. ACCESSIBILITY Contractor(s) and solutions complies with all applicable provisions of §§24-85-101, et seq., C.R.S., [1] and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103(2.5). Contractor also complies with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1, as described in State of Colorado Technical Standard TS-OEA-002, Technology Accessibility for Web Content and Applications when developing solutions for the state. The Contractor agrees to indemnify, save, and hold harmless the state, its employees, agents and assignees (collectively, the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to the Contractor’s failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85- 103(2.5). Any additional costs to add accessibility features will be the obligation of the Contractor, and any addition or change to the Price Proposal will be disallowed. 12. SUBCONTRACTING No portion of this proposal may be subcontracted without the prior written approval of the City. 6 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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, 7 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. 20. 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. 21. 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. 22. COMPETITIVENESS AND INTEGRITY The Procurement 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. 23. 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. 24. 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. 25. 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 8 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. 26. 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. 27. 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. 28. ESCALATION All prices/fees/wages offered in response to this RFP 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. 29. OWNERSHIP OF CONTRACT PRODUCTS All products produced from the awarded contract shall be the sole property of the City. 30. 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. 31. 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. 32. EMPLOYMENT OF LABOR The Consultant and each of the approved sub-consultants shall hire qualified workers for the project who are citizens of the Unites States or legal resident aliens with first preference being given, insofar as practicable, to those 9 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. 33. 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. 34. 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. 35. 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. 36. 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. 37. 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 38. SAMPLE AGREEMENT A sample agreement is provided in the RFP documents for informational purposes only. Do not complete or enclose with your submission. THANK YOU FOR YOUR INTEREST IN DOING BUSINESS WITH THE CITY OF WHEAT RIDGE 10 BACKGROUND & SCOPE OF WORK SUMMARY INTRODUCTION & BACKGROUND The City of Wheat Ridge (the “City”) is located in the northwest Denver metropolitan area, with municipal offices at 7500 W 29th Avenue, Wheat Ridge, CO 80033. The City’s area consists of about nine square miles of rolling land adjacent to Interstate 70 transportation corridor between Denver and the Rocky Mountains. The topography is somewhat unique, with a natural ridge traversing the City. The City is a suburban community of approximately 35,000 residents. The City is a home-rule municipality with eight council members, and a city manager and mayor form of government. Incorporated in 1969, Wheat Ridge developed as an agricultural community comprised of many small farms and orchards with pockets of homes and businesses located amongst the agrarian landscape. The City is proud of its agricultural roots and embodies a strong sense of community. Due to the agricultural nature, stormwater infrastructure was neither planned nor proactively developed. In many areas, it is under-sized or non-existent relying on overland drainage patterns which have been exacerbated by continued development and paving of formally open areas. In November 2023, the citizens of Wheat Ridge voted overwhelmingly (69% in support) to approve a sales tax extension, also known as 2J to advance various capital efforts throughout the community. One of the three primary efforts was: drainage and floodplain infrastructure improvements at priority locations in the City. Before any capital investment is made, it is necessary to determine the extent of the needs and a prioritized plan for infrastructure investment as well as a long-term funding source for storm water. SCOPE OF WORK SUMMARY The City is requesting proposals from qualified firms to provide services for the creation of a Stormwater Master Plan to address the maintenance, infrastructure and capital needs of this system. The Project shall include an assessment of the current system, development of immediate and future needs with recommendations for improvements, a capital plan, and an implementation schedule. These sections are to be incorporated into a comprehensive master plan. This effort will also include an evaluation of implementation of a stormwater utility fee for the community. Optional pricing is being sought for review and recommendations of the city’s current development standards related to drainage and runoff. The selected Consultant shall accommodate a collaborative approach for the assessment between their staff and the City. A previous Stormwater Master Plan was created for the City in 1979. While many of the projects identified in this Plan have been partially or fully completed, there is still a significant need for additional capital investment to protect life and property. Since that time, minimal planning and analysis of the storm sewer system has been completed. Therefore, a comprehensive evaluation is required. The existing infrastructure has received minimal investment of regular maintenance. Therefore, the condition of the existing network is unknown. Several failures occurred in the Spring of 2023 which led to emergency repairs of sections of the system. Project Goal and Objectives The goal of the Stormwater Master Plan is to create a blueprint for rehabilitation and/or improvement of the existing stormwater system within the City. The 1979 master plan will be used as a reference. The Plan shall incorporate several areas of data such as the existing conditions of assets and infrastructure, current and 11 future system needs along with recommendations for improvement, necessary maintenance efforts, and a financial plan and schedule for implementation of the program over the next 10 years. A stormwater utility fee is anticipated to be necessary to provide long-term funding for the program. Therefore, the Plan shall also provide recommendations for implementation of the fee, such as billing structure, and a proposed monthly fee structure, based on the needs of the Program. It is envisioned that this will be a highly collaborative and coordinated effort with all parties fully engaged throughout the entire process. It is desired that the comprehensive analysis and final master plan be completed by the end of September 2024 or as otherwise proposed by the Consultant and agreed upon by the City. The Consultant is expected to coordinate its efforts with City staff. The City’s objectives for delivery of the Project are as follows: • Quality: Deliver the work products to be consistent with project specifications and in full compliance with federal, state, and local regulations. • Cost: Cost-effective to comply with City’s project budget. • Schedule: Achieve or beat the scheduled completion date for the Project. • Risk: Achieve an optimal balance of risk allocation between the City and the firm. • Safety: Implement an effective safety program incorporating best industry practices for protection of City and consultant staff. 12 SCOPE OF WORK Data Collection and System Analysis The Consultant shall review all necessary data, perform system inspections and evaluations to determine the crucial assets that need maintenance or infrastructure that needs repair, rehabilitation, and/or replacement as well as development of additional stormwater detention facilities. As an additional, optional measure, the City is soliciting proposed costs to evaluate the development requirements for stormwater and drainage runoff to be more in line with other communities and require a higher level of investment from the development community than what is currently being provided. Task 1. Data Compilation and Review The Consultant shall collect and review relevant planning documents, previous master plans or inspections, and any available data for the stormwater system. Any conclusions or recommendations based on the review shall be compiled into an Appendix and attached to the evaluation report. Task 2. Infrastructure Evaluation The project shall include a comprehensive evaluation of the existing infrastructure, assets, and components for the stormwater system. Items include, but are not limited to: • 1979 Stormwater Master Plan • CCTV video from 2020 of “problem” areas • Stormwater interceptors 30-inches in diameter and larger • Other areas deemed necessary and agreed upon by Consultant and City After evaluation and assessment completion, the Consultant shall compile a report containing the necessary improvements, asset replacements, maintenance strategies, and any rehabilitation for the stormwater system. The report shall include an estimated timeline and cost for the improvements several options and/or strategies for mitigation of areas of concern. Assets and infrastructure shall also be ranked by cruciality or urgency of the need of replacement; the ranking system shall be created by the Consultant. The information, analysis, and conclusions from any exterior and interior pipe inspections shall be included in the report along with any CCTV footage, if completed. Task 3. Asset Replacement Assets and/or infrastructure that are found to be in deteriorated, decayed, or inoperable conditions during the system evaluations and condition assessments shall be compiled into a report. The report shall contain justification for the asset to be replaced immediately, options for replacement, rehabilitation, or improvement, and a cost estimate for with a schedule or timeline for completion. The Consultants shall review current processes and infrastructure to determine the compatibility of recommended equipment to ensure seamless integration of new assets into the various systems. Task 4. Growth Projections and Capacity Evaluations The Consultant shall utilize a City-provided growth projection, and other data, to complete capacity evaluations for the stormwater system. Task 5. Detention Area Evaluation The Consultant shall analyze and identify potential areas within the area where stormwater detention could potentially be provided along with a map of locations. 13 Capital Plan and Implementation Schedule The Capital Plan and Implementation Schedule shall be created to account for the immediate and future needs of the systems. The two comprehensive plans shall be utilized together to create a schedule to meet immediate and future needs while staying within any budgetary constraints. The feasibility of the various improvements and justification shall be evaluated using criteria created by the Consultant and integrated into the Capital Plan and Implementation Schedule. Task 1. Capital Plan The Consultant shall first create a Capital Plans defining the scope of work and cost of said work needed for the stormwater system. The Capital Plans shall include estimated operations and maintenance costs, as well as budgetary costs and restraints for the necessary improvements. The separate plans shall be submitted to the City for review and comment prior to integration into the Comprehensive Capital Plan. The Consultant shall then create a Comprehensive Capital Plan for all improvements, rehabilitations, and/or replacements proposed by the Consultant and agreed upon by the City for the stormwater system. The Comprehensive Capital Plan shall compile and integrate all cost projection information from the individual plans to facilitate the creation of a phasing and implementation plan. Task 2. Implementation Schedule for Stormwater System The Consultant shall create an Implementation Schedule for all improvements, rehabilitations, and/or replacements proposed by the Consultant and agreed upon by the City. The Implementation Schedule shall be comprised of the individual needs of the stormwater system and shall take into account any budgetary constraints and crucial or immediate replacements necessary to ensure proper operation. The Implementation Schedule shall be submitted to the City for review and comment prior to finalization. Public Outreach and Input Task 1. What’s Up Wheat Ridge Platform The Consultant shall develop a project page for the WhatsUpWheatRidge.com website (What's Up Wheat Ridge (whatsupwheatridge.com) which shall include, at a minimum, background information, a project schedule, ways to reach out directly to the project team, and at least one interactive, online survey. No public meetings are anticipated. Task 2. Public Input Summary The Consultant shall compile information gleaned from the outreach efforts through the WhatsUpWheatRidge.com website to assist in informing the final recommendations of the Plan. Stormwater Utility Fee Task 1. Stormwater Utility Fee Logistics The Consultant shall evaluate and make recommendations for the required elements needed to implement a Stormwater Utility Fee in the City. 14 Task 2. Stormwater Utility Fee Structure & Initial Rates The Consultant shall develop a fee structure assuming: 1) a monthly fee per residential single family detached home (to include condominiums, townhomes, and manufactured homes); and 2) a monthly fee for non- residential lots (including apartments) per X,XXX square feet of impervious area. The fee shall be adequate to fund the necessary capital improvement projects, as well as operations and maintenance activities including the City’s MS4 requirements for pollution prevention education, illicit discharge detection, inspections, etc. Master Plan Development Task 1. DRAFT Master Plan The Consultant shall prepare a Draft Master Plan that incorporates all information gathered and outlined in the Scope of Work. The assumptions, findings, analysis criteria, and recommendations gathered by the Consultant and from the City staff shall be summarized in an understandable and logical way. All data, results from system modeling, or similar information shall be attached to the report as appendices. Three (3) hard copies of the Draft Master Plan and one (1) electronic copy shall be submitted to the City for review and comment. Task 2. FINAL Master Plan The Consultant shall review all comments and questions from the City and revise the Draft Master Plan as appropriate to create the Final Master Plan. Three (3) hard copies of the Final Master Plan and one (1) electronic copy shall be submitted to the City. Task 3. City Council Presentation The Consultant shall assist the City with development and delivery of a summary presentation to the City Council at one of their scheduled Study Sessions. This shall include a PowerPoint presentation and any other maps or supplemental materials to assist in providing a summary of the Plan recommendations to elected officials. Optional Task – Development Standards Review & Modification 1. Task 1. City Development Standards Review The Consultant shall review the city’s drainage and runoff standards to determine modifications needed to be in conformance with the Mile High Flood District (MHFD) Criteria Manual. Recommendations of modifications shall be provided to the city for future action to modify the City Municipal Code, as needed. A separate fee for this effort shall be included in the Proposed Fee Schedule. 15 Consultant Responsibilities Anticipated Consultant responsibilities include, but are not limited to: 1) Consultant shall collaborate with City staff to develop an approach that achieves all project and operation objectives. 2) Consultant shall provide the following deliverables: a. Reports and recommendations for: i. Data Collection and System Analysis 1. Condition assessments with recommendations of current and future needs for the stormwater management system 2. Assets for immediate replacement and justification ii. Capital Plan and Implementation Schedule 1. Feasibility of projects with justification 2. Draft Capital Plan 3. Final Capital Plan 4. Draft Implementation Schedules 5. Final Implementation Schedule iii. Public Outreach website and summary of public input iv. Draft Master Plan incorporating all above information v. Final Master Plan incorporating all above information 3) Consultant shall submit all deliverables in hard copy and electronic PDF to the City. 4) Consultant shall coordinate any subcontractors as needed. 5) Consultant shall submit approach to support costs proposed. 6) Working hours are from 7:00 AM to 4:30 PM unless arrangements are made otherwise with three (3) days advance notice. 7) Access to site will be granted only during the above-mentioned working hours or other hours as agreed to with City staff. Staff will provide entry into the facility in the morning. 8) Requests for additional work or change orders must be submitted in writing and approved by the City in advance of commencing work. 9) Consultant may propose additional services that in its opinion will improve the efficiency and quality of the project. If identified, the Additional Work or Services must be included in the proposal, but separated out in the Proposed Fee. Additional Services The City has made every effort to define a comprehensive scope of services for the Project. However, the Consultant is encouraged in its proposal to identify any additional work not specified in this Scope of Work that would be, in the Consultant’s opinion, necessary to complete the Project as defined herein and meet Project goals. If identified, the Additional Work or Services must be included in the price proposal, but separated in the Consultant’s Fee Schedule. 16 MANDATORY PRE-PROPOSAL MEETING A mandatory preproposal conference including a review of proposal process and requirements will be held Wednesday, January 24, 2024 at 1:00 p.m. The meeting will only be held virtually via the following meeting link: Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 230 162 194 381 Passcode: tFezVs Download Teams | Join on the web 17 PROPOSAL SUBMISSION FORMAT Proposal Format To simplify the review process and to obtain the maximum degree of comparability, the proposal must follow the outline described below and—at a minimum—contain the requested information. Please name your submission with the following convention: Your Company Name-RFP-21-Open Space Management Plan Firms will be judged not only on their past experience for the type of work involved, but also on their ability to address issues critical to the success of the project requirements outlined in this RFP. Indexes for each of the categories are preferred. Additional relevant information is encouraged, however, please refrain from including an excessive amount of marketing information. Submit the following information in your proposal, in this order: Signature Page and Forms (forms are required in order to qualify) a. Proposer Information and Addendum Acknowledgement b. Illegal Alien Form c. Non-Discrimination Assurance Form d. Non-Collusion Affidavit e. Vendor Qualifications f. Proposal g. References h. Appendices Proposal Section The Proposal section (item f listed above, Parts 1-3) must not exceed 12 total pages (8½ × 11 inch with 1- inch or greater margins). Each double-paged sheet shall count as two pages), excluding the transmittal letter, index or table of contents, front and back covers, title pages/separation tabs, and appendices. Any pages that are 11” x 17” (or greater than 81/2 x11 inches) shall count as two pages against the total page count. A font similar in size to or larger than Times New Roman font eleven-point (11-pt) must be used for the Proposal section. The content requirements set forth in this RFP represent the minimum content requirements for the Proposal. It is the firm’s responsibility to include information in its Proposal that clearly presents the information requested in this RFP. The Proposal, however, should not contain standard marketing or other general materials. It is the firm’s responsibility to modify such materials so that only directly relevant information is included. The Proposal must include the following information in the order listed below: • Transmittal Letter • Part 1 – Executive Summary • Part 2 – Experience and Technical Capability • Part 3 – Project Understanding and Management Approach • Part 4 – Draft Professional Services Agreement Review • Part 5 – Price Proposal 18 Transmittal Letter Include a transmittal letter signed by an authorized representative of the firm who can commit the firm to the obligations required in the Agreement. Place the transmittal letter on the firm’s letterhead and include the name, address, phone number, and e-mail address for the firm contact person. Specify who would be the firm’s signatory to any contract documents executed with the City. Include other information deemed relevant by the firm. Proposals must be duly signed by an authorized corporate officer, principal, or partner (as applicable) with a signature in full. Firms who are nonresident corporations shall furnish to the City a duly certified copy of their Articles of Incorporation from the State of Colorado Secretary of State Office along with the Proposal. Failure to promptly submit this evidence or qualification to do business in the State of Colorado may be a basis for rejection of the Proposal. Part 1 – Executive Summary Provide an executive summary that includes a concise overview of the key elements of the Proposal and summarizes and refers to information in the Proposal. The executive summary shall not be used to convey additional information not found elsewhere in the Proposal. Part 2 – Experience and Technical Capability Provide a description of the firm’s qualifications, experience, and technical capability. Specifically: • Provide an organizational chart for the firm’s project team, identifying all Key Personnel (as defined in Attachment A), the reporting hierarchy of staff and subcontractors/subconsultants, and the specific individuals responsible for coordination of the separate components of the work. • Describe the roles, responsibilities, accountabilities, and availability of the Key Personnel who will be assigned to the Project through completion. • Identify all subcontractors/subconsultants and describe their roles, responsibilities, and accountabilities. Identify the subconsultants Key Personnel. Note: The identification and utilization of specific Key Personnel through the life of a project are important factors in the City's consideration and selection of a firm. Any changes in identified Key Personnel after the award of the Agreement must be approved by the City in writing before the change is made. Include availability of the project team to begin work as soon as possible after the selected firm receives the Notice to Proceed. Firm Experience: Provide clear and thorough descriptions of the firm's related and applicable experience and performance. Provide detailed information on the most recent and applicable projects that have been substantially completed by the firm within the last 10 years. Details shall include the following: • Project title and contract number. • Firm and Key Personnel’s role in project. • Owner contact information including phone number. o Period of performance (contract start and end dates). o Contract value. o Summary of work performed. 19 o Project performance (including change order history, schedule adherence, and budget adherence). o Describe any major issues or challenges presented on the project(s) and how they were resolved. Key Personnel Experience: Describe specific relevant experience of each proposed Key Personnel providing similar details for projects as requested in Firm Experience. Resumes for each key project team member should be provided in Appendix B. Resumes of the Proposal. Reference Requirements: The City may contact the referenced individual(s) identified by the firm in Firm Experience. The contact person(s) listed as a reference shall be someone who has personal knowledge of the firm’s performance during the referenced project. More than one person can be listed but all must have knowledge of the project. DO NOT list principals or officers who will not be able to answer specific questions regarding the project. Part 3 – Project Understanding and Management Approach Provide a description of the firm’s approach for managing and delivering the services described in Project Overview and Statement of Work. Part 4 - Draft Agreement Review The firm understands that neither this RFP nor the Proposal shall constitute a contract with the City. No contract is binding or official until Proposals are reviewed and accepted by appointed City staff; approved through the appropriate levels of authority within the City; and an official contract is duly executed by the City. This RFP contains the proposed Services Agreement for the Project. Proposers shall review this draft document and provide comments regarding any aspect of such document about which it has any concern, including terms that it considers ambiguous or which it believes should be modified. Such comments shall be submitted with the Proposal. The City will review all comments received and, if it deems appropriate, in its sole discretion, may modify such document. The Draft Agreement included is the form upon which Respondent shall base its Proposal. The comments submitted on the draft agreement will not be counted in the total page count specified above. Any firm who submits information that is determined by the City, in its sole opinion, to be substantially inaccurate, misleading, exaggerated, or incorrect may be disqualified from consideration. Part 5 – Price Proposal Having examined the RFP and supporting documentation including the Draft Agreement, the Consultant shall submit its proposed fee The Price Proposal will be used as a basis for firm selection as described in the Evaluation Criteria. The Consultant’s price proposal shall include a detailed cost breakdown for each of the project tasks defined in this RFP, resource assignments/titles, estimated hours for each title for completion of each task, total labor hours per tasks, billing rates for each title, total task completion cost, and services by others. The Price Proposal may include an Optional price for the Drainage Standards Evaluation task included as a separate line item and shall be detailed in the same manner. 20 Any additional proposed Work or Services must be included as separate line item(s) in the Price Proposal and shall be detailed in the same manner. 21 EVALUATION CRITERIA General The Proposals will be reviewed and evaluated by the City’s Selection Committee (with assistance provided by other outside advisors, if desired by City) according to the requirements and criteria outlined herein. During the Proposal evaluation process, written questions or requests for clarification may be submitted to one or more firms regarding its Proposal or related matters. Failure to respond in a timely manner to any such questions or requests may be grounds for elimination of the firm from further consideration. In addition, the City may require that all or a limited number of firms participate in telephone interviews. Selection Process Overview For the purpose of selecting the most qualified firm, the City will use a competitive selection process as set forth in pertinent City and State procurement requirements. The procedure will involve the following steps: a. The City will advertise and/or send RFP Invitations to interested firms. b. Responsiveness and minimum qualifications will be checked. c. The City’s Selection Committee will review, rank, and shortlist all Proposals that meet responsiveness and minimum qualification requirements. d. The City’s Selection Committee will then rank each Proposal and prepare a recommendation for approval. Upon authorization, the City’s Project Manager shall negotiate a contract with the selected firm. Should the Project Manager be unable to negotiate a satisfactory contract with the firm considered to be most qualified, the Project Manager, or designee, shall terminate such negotiations with that firm and begin negotiations with the next most qualified firm and so on until negotiations are successful. e. The City reserves the right to modify or reject any contract for the acquisition of goods and/or services submitted to it for consideration. Responsiveness Each Proposal will be reviewed to determine whether it is responsive to the RFP. Failure to comply with the requirements of this RFP may result in a Proposal being rejected as non-responsive. At its sole discretion, however, the City may waive any such failure to meet a requirement of this RFP and may request clarification or additional information to remedy a deficiency. Evaluation Criteria The Selection Committee will evaluate and rank the Proposals that satisfy the minimum qualification requirements identified in this section by applying scores to each Proposal Part, as set forth in the following Table. 22 Proposal Evaluation Proposal Part Points Criteria Project Understanding and Management Approach up to 25 Must demonstrate complete and specific understanding of the scope of work, overall project approach, and proposed schedule. Team up to 20 Local knowledge of the system from assigned staff, staff including team assigned to project, individual knowledge, and team experience. Price Proposal up to 30 Priced components including the project task breakdowns, estimated task hours, billing rates, etc. Experience and Technical Capability up to 20 Experience with the assessment, design, management, and implementation of municipal stormwater systems. Consideration will be given to past performance of both the organization and individual team members based on the quality of work, responsiveness, the utilization of personnel and sub-consultants, the ability to meet deadlines, and remain within budget. References will be checked. Company Profile up to 5 Introduction of company, general background, partnerships, etc. THANK YOU FOR YOUR INTEREST IN DOING BUSINESS WITH THE CITY OF WHEAT RIDGE 23 RFP-24-106-STORMWATER MASTER PLAN PROPOSER INFORMATION AND ADDENDUM ACKNOWLEDGMENT FEIN / SSN (Required) DUNS Federal ID number COMPANY NAME ADDRESS CITY STATE ZIPCODE PHONE CELL AUTHORIZED SIGNATURE REQUIRED—MUST BE IN INK or Digital PRINTED NAME TITLE EMAIL PROPOSER IS RESPONSIBLE FOR FOLLOWING UP ON ALL ADDENDA ACKNOWLEDGE ADDENDA: Proposer is responsible for confirming receipt of each addendum; please initial as applicable. #1 #2 #3 #4 DO NOT CONTACT THE REQUESTING DEPARTMENT OR MEMBERS OF THE EVALUATION COMMITTEE Signature acknowledges that proposer: 1) Has read the 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 this form with your bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. 24 Title VI of the Civil Rights Act of 1964 prohibits discrimination of the basis of race, color or national origin by any entity receiving Federal financial assistance. The City of Wheat Ridge is a recipient of Federal financial assistance and as such, it—as well as all of its responsible agents, contractors and consultants—is required by the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 (the Regulations) to assure nondiscrimination. The City of Wheat Ridge assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, or national origin under any program or activity conducted by the City. All bidders are hereby notified that the City of Wheat Ridge will affirmatively ensure that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. This applies to all solicitations for bids for work or material subject to the Regulations, and for all proposals for negotiated agreements. The bidder, whose name and signature appear below, certifies and agrees as follows: 1. The bidder shall comply with the provisions of Title VI of the Civil Rights Act of 1964. 2. The bidder assures the City of Wheat Ridge that disadvantaged business enterprises are afforded full opportunity to submit bids as sub-contractors or sub-consultants and will not be discriminated against on the grounds of race, color or national origin in consideration for award. 3. The bidder shall comply with all reasonable requests made in the course of an investigation of Title VI, the Regulations and this assurance by the Colorado Department of Transportation, the US Department of Transportation or the City of Wheat Ridge, as a sub-recipient of Federal financial assistance. 4. The bidder agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under Title VI, the Regulations and this assurance. FIRM: (Print full legal name of company) AUTHORIZED SIGNATURE: Printed Name and Title: Date Certified and Agreed: Attestation: (A corporate attestation is required) Place corporate seal below: BY: Corporate Secretary or Equivalent Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. CITY OF WHEAT RIDGE, CO NON-DISCRIMINATION ASSURANCE FORM TITLE VI REGULATIONS AT 49 CFR PART 21 25 COMPANY SUBMITTING BID ________________________________________________ STATE OF: COUNTY OF: __________________________________________________________ of lawful age, being duly sworn, on oath says that (s)he is the agent authorized by the Bidder to submit the attached bid. Affidavit further states that the Bidder has not been a party of any collusion among Bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or any Federal, State or Municipal official or employees as to quantity, quality, or price in the prospective Contract, or any other items of said prospective Contract; or in any discussions between bidders and any Federal, State or Municipal official concerning exchange of money or other thing of value for special consideration in the letting of a Contract. NAME TITLE Subscribed and sworn to before me this day of , 20__ NOTARY PUBLIC SIGNATURE My Commission Expires: Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. CITY OF WHEAT RIDGE, CO NON-COLLUSION AFFIDAVIT RFP-24-106-STORMWATER MANAGEMENT PLAN 26 SECTION I - IDENTIFICATION 1. Identification of Applicant Firm A. Exact Legal Name of Applicant Firm DUNS # B. Address City State Zip Code C. Mailing Address, if different from above D. Primary Company Telephone No. Fax No: E. Applicant Firm's Contact Person for Public Works Office follow-up: Printed Name Title Telephone Number Email address F. Has the Applicant Firm changed its address or has the Firm or its Owner(s) operated under any other name(s) including other DBAs in the past five years? If yes, explain fully on a separate sheet of paper. No Yes G. Type of business organization: YEAR organization established: NUMBER of current full-time employees: Sole Proprietor Corporation Date and State of Incorporation Limited Partnership General Partnership Date and State of Partnership filing Limited Liability Company Limited Liability Partnership Date and State of filing Other (describe) H. Type of service(s) to be provided to the City of Wheat Ridge. CITY OF WHEAT RIDGE, CO VENDOR QUALIFICATION FORM RFP-24-106-STORMWATER MASTER PLAN 27 General Contractor Concrete Flatwork Storm Sewer Concrete Structures Traffic Signals Slurry Seal Grading Fog Seal Asphalt Paving Crack Sealing Concrete Paving Landscaping Signing Striping Traffic Control Other (describe) SECTION II - OWNERSHIP/MANAGEMENT, PROJECT MANAGEMENT, SUPERVISORS, AND RELATED ENTITIES 1. Owners List Owners of Applicant Firm: Legal Name Title Experience (# of years) % of Ownership (Use additional sheets if necessary) 2. Project Management Team, Supervisors and Employees Who will be Working Directly on the Project(s) List the full names of the primary employees of the proposed Project Team. Legal Name Current Position Experience (# of years) % of Time Devoted to Project Professional Licenses (Use additional sheets if necessary) 3. Résumés Attach résumés of the Project Management Team, showing the last five years of employment in this field. Résumés must be comprehensive and include firms worked for and dates of employment; they are not required from materials suppliers. 28 SECTION III – CONTRACTING HISTORY 1. Contracting History Include three (3) references for similar projects completed by the proposed team. 2. 1. Company Name Contact Name Street Address City State Zip Phone # Fax # Contact Name Contact Email Address Contract Amount $ Start/Completion Dates Description of Work Type of Contractor (circle one): Prime Sub-contractor 3. Company Name Contact Name Street Address City State Zip Phone # Fax # Contact Name Contact Email Address Contract Amount $ Start/Completion Dates Description of Work Type of Contractor (circle one): Prime Sub-contractor 2. Company Name Contact Name Street Address City State Zip Phone # Fax # Contact Name Contact Email Address Contract Amount $ Start/Completion Dates Description of Work Type of Contractor (circle one): Prime Sub-contractor 29 SECTION III – CONTRACTING HISTORY, CONT. In the past five years has the applicant firm or any affiliate been the subject of any of the following actions: • Suspended, debarred, disqualified, or otherwise declared ineligible to bid? No Yes • Failed to complete a contract for a commercial, private owner, or government agency? No Yes • Been denied a low-bid contract in spite of being the low bidder? No Yes • Had a contract terminated for any reason, including default? No Yes • Had liquidated damages assessed against it during or after completion of a contract? No Yes SECTION IV – CIVIL ACTIONS 1. Violations of Civil Law In the past five years has the applicant firm, any of its owners, or any affiliate been the subject of an investigation of any alleged violation of a civil antitrust law, or other Federal, State, or local civil law? No Yes 2. Lawsuits with Public Agencies At the present time—or during the past five years—has the applicant firm, any of its owners, or any affiliate been a plaintiff or defendant in any lawsuit regarding services or goods provided to the City of Wheat Ridge, or to a public agency? No Yes 3. Bankruptcy During the past five years has the applicant firm or any affiliate filed for bankruptcy or reorganization under the bankruptcy laws? No Yes 4. Judgments, Liens, and Claims During the past five years has the applicant firm been the subject of a judgment, lien, or claim of $10,000 or more by a subcontractor or supplier? No Yes 5. Tax Liens During the past five years has the applicant firm been the subject of a tax lien by Federal, State, or any other tax authority? No Yes If “Yes” is answered to any of the following questions in Sections IV, V, or VI, please provide details— including a brief summary of cause(s) of action, indicating if applicant firm, owner, or affiliate firms were plaintiffs (P) or defendants (D); define charges explicitly, identifying by what authority, court, or jurisdiction charge(s) were made. Complete details are required. NOTE: For Sections IV and V below, the definition of an “investigation” includes: •An appearance before a grand jury by representatives of the firm •Any oral or written inquiry or review of the firm’s documents by a governmental or law enforcement agency or investigative agency •Questioning of employees concerning the general operation or specific activities of the firm 30 SECTION V – COMPLIANCE WITH LAWS AND OTHER REGULATIONS 1. Criminal In the past five years has the applicant firm or any of its owners or affiliates: A. Been the subject of an investigation involving any alleged violation of criminal law? No Yes B. Been arrested, indicted, or named as an unindicted co-conspirator in any indictment or other accusatory instrument? No Yes C. Been convicted—after trial or by plea—of any felony under State or Federal law? No Yes D. Been convicted of any misdemeanor involving business-related crimes? No Yes E. Entered a plea of nolo contendere to a charge of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or a violation of any antitrust laws? No Yes F. Entered into a consent decree? No Yes G. Been granted immunity from prosecution for any business0related conduct constituting a crime under State or Federal law? No Yes H. Taken the Fifth Amendment in testimony on any business-related crime? No Yes I. Paid a fine or settlement to resolve any criminal or civil violations or allegations involving a business activity? No Yes J. Do any owners in applicant firm have any pending felony charges against them that were filed either before, during, or after their employment with the applicant firm? No Yes 2. Regulatory Compliance In the past five years has the applicant firm, any of its owners or affiliates been cited for: A. Violation of any labor law or regulation, including prevailing wage rates and fair labor practices? No Yes B. An OSHA violation? No Yes C. Violation of Federal, State, or local environmental laws or regulations? No Yes D. Any other administrative, statutory, or regulatory violations? No Yes SECTION VI – ETHICS 1. False Statements, Bribes, Collusion In the past five years has the applicant firm, or any of its owners or affiliates: A. Filed with a government body (including the City of Wheat Ridge) or submitted to a government employee (including a City of Wheat Ridge employee) any form of document known by the applicant firm, any of its owners, or by the person submitting the document, to contain false information? No Yes 31 B. Created or maintained false business records? No Yes C. Given—or offered to give—money or any other benefit to a public official or employee, with intent to influence that person regarding any of their official acts, duties, or decisions? No Yes D. Given—of offered to give—money or other benefit to an official or employee of a private business, with intent to induce that official or employee to engage in unethical or illegal business activities (including but not limited to improper gratuities and/or violations of lobbying regulations)? No Yes E. Agreed with another person or firm to bid below prevailing market rate? No Yes F. Agreed with another person or firm to submit identical or complimentary bids, or otherwise not to bid competitively? No Yes G. Agreed with another person or firm not to submit competitive bids in another’s territory established either by geography or by customers? No Yes H. Agreed with another person or firm to take turns in obtaining contracts by pre-determining which firm shall submit the lowest bid? No Yes 2. Conflict of Interest A. Does the applicant firm, any of its owners or project team members have any existing relationships that could be construed as either personal or organizational conflicts of interest, or which would give rise to a conflict if applicant firm should be a recipient of a contract with the City of Wheat Ridge? No Yes B. Has any owner or project team member of the applicant firm ever (if “Yes,” explain fully): 1. Been an employee of the City of Wheat Ridge, or served as a member of Wheat Ridge City Council? No Yes 2. Been related by blood or marriage to a City of Wheat Ridge employee or Council member? No Yes SECTION VII – ADDITIONAL DOCUMENTATION REQUIRED Additional document copies to be submitted with this application: 1. Letter of reference from your firm’s surety, stating current available aggregate and single project bonding capacity (this application will not be processed without this letter). 2. List of major equipment, by number and type, available for the project(s). 3. Certification of all IMSA certified personnel, if applying for traffic signal project(s). A minimum of two full-time employees must be certified at Level II or higher. Bidder must complete and SUBMIT this form with your bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. 32 RFP-24-106-STORMWATER MASTER PLAN SAMPLE AGREEMENT, FOR REVIEW ONLY THIS AGREEMENT made this day of month, 2024, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and Vendor Name, Vendor Address 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 RFx, as more fully described in the Request for XX (Exhibit A), the Vendor’s response to the RFx (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. At the end of each year, if the City deems the Contractor’s performance acceptable and the pricing is consistent with the RFP response, the agreement may continue with automatic renewals. 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 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 shall pay the Contractor for services provided, and the Contractor will accept a not-to-exceed amount of dollars, ($XX.XX) annually as full payment for such services. Pricing will remain firm for renewal 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 33 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 34 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. 35 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: Office Phone: Email Address: Address: City, State, Zip Code 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. 36 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 - ACCESSIBILITY Contractor(s) and solutions complies with all applicable provisions of §§24-85-101, et seq., C.R.S., [1] and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103(2.5). Contractor also complies with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1, as described in State of Colorado Technical Standard TS-OEA-002, Technology Accessibility for Web Content and Applications when developing solutions for the state. The Contractor agrees to indemnify, save, and hold harmless the state, its employees, agents and assignees (collectively, the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to the Contractor’s failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103(2.5). Any additional costs to add accessibility features will be the obligation of the Contractor, and any addition or change to the Price Proposal will be disallowed. 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 shall not be liable for any costs or damages incurred by any other entity. ARTICLE 21 - 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: e. Work completed on time f. Work completed within budget g. Work completed as per the Scope of Work h. Future awards recommendation ARTICLE 22 – 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. 37 ______________________________________ __________ Whitney Mugford-Smith, Procurement Manager Date Signed ______________________________________ __________ [RESERVED FOR PM], Project Manager/ Team Lead Date Signed ______________________________________ __________ [RESERVED FOR DIR], Department Director Date Signed ______________________________________ __________ Patrick Goff, City Manager Date Signed 38 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: NAME ADDRESS CITY, STATE, ZIPCODE GERALD DAHL, CITY ATTORNEY AUTHORIZED SIGNATURE ATTEST TO CONTRACTOR: PRINTED NAME NAME TITLE TITLE DATE DATE 39 EXHIBIT A RFP-24-106-STORMWATER MASTER PLAN 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 Reference Authorization Form Please be certain to address the following in your proposal: Attendance at mandatory pre-bid meeting Qualifications Experience Current Workload Project Approach Fee Schedule Please review the sample agreement, but do not include a copy with your proposal submittal. 40 EXHIBIT B AFFIDAVIT Only the successful vendor—if an individual or sole proprietor—will be required to complete Exhibit A. I, , swear or affirm under penalty of perjury, and under the laws of the State of Colorado, that: Check only one: I am a United States citizen, OR I am a permanent resident of the United States, OR I am lawfully present in the United States, pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that State law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn Affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under C.R.S. 18- 8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. SIGNATURE DATE I, , a City of Wheat Ridge employee, observed the identification supplied by the above-named individual and affirm that it appears to be valid and is of the following form: CHECK ONLY ONE: Colorado drivers’ license or State-issued identification card United States Military or Military dependent’s card Merchant Mariner Card Native American Tribal document Valid drivers’ license or state-issued identification card bearing applicant’s photograph, issued by one of the following (all states are not listed here—only those that verify lawful presence): AL, AZ, AR, CA, CN, DE, DC, FL, GA, D, IN, IA, KA, NJ, NYM, ND, OH, OK, PA, RIM, SC, SD, VA, WV, AND WY Certificate verifying naturalized status, issued by an authorized agency of the United States, bearing applicant’s intact photograph impressed with the raised, embossed seal of the issuing agency Valid immigration documents demonstrating lawful presence, and verified through the Systematic Alien Verification for Entitlements, administered by the United States Citizenship and Immigration Services of the Department of Homeland Security—valid immigration documents as follows: • Unexpired foreign passport bearing an unexpired “Processed for I-551” stamp or with an attached unexpired “Temporary I-551” visa • Unexpired foreign passport accompanied by an “I-94” indicating a specific future “until” date • “I-94” with refugee or asylum status • Unexpired “Resident Alien” card, “Permanent Resident” card, “Temporary Resident” card, or “Employment Authorization” card SIGNATURE DATE 41 EXHIBIT C RFP-24-106-STORMWATER MASTER PLAN ACCEPTANCE OF CONDITIONS STATEMENT A. Proposing firm indicates acceptance of the following conditions: 1. City of Wheat Ridge prohibits contracting with firms that employ certain relatives of City employees, unless the City Council determines that the making of such a contract is in the City’s best interest. No City Council member, member of a City Board or Commission, Municipal judge, City Manager, City attorney(s), or employee of the City of Wheat Ridge—or any such person’s spouse, child, parent, brother, sister, dependent or person assuming a relationship being the substantial equivalent of the above—has an existing or pending (direct or indirect) financial, pecuniary, or personal interest in the proposing firm or this Request for Proposal (RFP), except as follows: 2. I / we hereby agree to all instructions, terms and conditions, and specifications contained herein. B. I / we acknowledge the following addenda: Proposing Firm’s Name: Address: Office Phone Number: Cell Phone Number: Submitted by: SIGNATURE DATE TITLE Attest (by officer if corporation) or notary (if individual): SIGNATURE My commission expires (if notarized): DATE 42 EXHIBIT D: PROFESSIONAL SERVICES BILLING SAMPLE FORM Date: City Project Name and Number: City Contact Name or Department: Period of Service: through Summary below (see attached reports for further details) BASIC SERVICE Task: Fee Amount: % Complete: Fee Earned: Prior Billing: TOTAL: Fee earned: $ Less amount previously billed: $ Amount due: $ ADDITIONAL SERVICES: Amount due: $ TOTAL AMOUNT DUE: $ Vendor’s signature: Date: Printed name: Title: City Department approval (signature of approver): Title: Date: SUBMIT TO: ACCOUNTS PAYABLE CITY OF WHEAT RIDGE 7500 W. 29th Avenue Wheat Ridge, CO 80033 ITEM NO: 6 DATE: March 25, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINT MEMBERS TO BOARDS AND COMMISSIONS, THE COMMUNITY PARTNERS GRANT PROGRAM COMMITTEE AND SUSTAINABLE WHEAT RIDGE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________ _____________________________ Sr. Deputy City Clerk City Manager ISSUE: Council appoints members to the City’s Boards and Commissions annually and as needed throughout the year to fill vacancies. There are three Board and Commission appointments to consider at this time. Council appoints members to the Community Partners Grant Program Committee. There are four appointments to make at this time. Council must also ratify staff’s nominations for appointments to Sustainable Wheat Ridge (SWR). Staff has prepared a list of SWR nominations for the Council to consider. There are five Staff nominations for Council to ratify and one District appointment to make at this time. PRIOR ACTION: The City Council appointed new and reappointed several members to the City’s Boards and Commissions on February 26, 2024. Since that time, staff has been working to fill remaining vacancies. Council Action Form – Committee Appointments March 25, 2024 Page 2 Council determined that Sustainable Wheat Ridge would be a Hybrid Committee at the October 2, 2023, Study Session. Therefore, the City Council must ratify staff nominations to the committee. Informed by guidance from the Council at that meeting, staff has determined that the Community Partners Grant Program is a Council-Selected Committee. FINANCIAL IMPACT: None. BACKGROUND: Openings on Boards, Commissions and Committees are advertised on the City’s social media pages, website, email newsletters and directly emailed to graduates of Wheat Ridge 101 and 102. A summary of recommended appointments follows: Board of Adjustment There are currently three vacancies on the Board of Adjustment: one District I, one District IV and one At Large Alternate. Amanda Rodriguez (District I resident) is interested in serving on the Board of Adjustment having not been appointed to any of her preferred Boards and Commissions at the February 26 meeting. Council may consider appointing Amanda Rodriguez to the District I seat. Cultural Commission Brendan Kelly (District I resident) is a current member of the Cultural Commission serving out of district in the District IV seat. He was not reappointed at the February 26 meeting and requests that he be reappointed to serve another term in the District IV seat. Sustainable Wheat Ridge Sustainable Wheat Ridge (SWR) is a committee comprised of twelve (12) volunteers, serving three year terms, living in or with a connection to Wheat Ridge, whose purpose is to advise the City on matters pertaining to environmental sustainability, and to promote sustainability programs to residents and businesses within the City of Wheat Ridge through engagement and outreach. Sustainable Wheat Ridge’s work currently focuses within the topic areas of Communications & Engagement, Green Building & Energy Efficiency, Renewable Energy, Solid Waste & Recycling, Transportation, and Water. The Sustainable Wheat Ridge committee currently has six open seats. Staff has received six applications for the Sustainable Wheat Ridge committee. One of these seats is a District III represented seat to be selected by the City Council. The remaining five positions are at-large seats to be nominated by staff and ratified by the City Council. These seats are described as follows: • Four (4) at-large seats with full-length terms beginning March 1, 2024, and ending February 28, 2027. • One (1) at-large seat with a partial term beginning March 1, 2024, and ending February 28, 2026. • Council Action Form – Committee Appointments March 25, 2024 Page 3 Community Partners Grant Program The Community Partners Grant Program (CPGP) Committee is comprised of eight (8) residents representing each council district in the City of Wheat Ridge. Their purpose is to review CPGP applications and make award recommendations to the City Council. Last year, the committee recommended $200,000 in awards distributed among 26 different organizations. Previously, CPGP members were appointed to serve two (2) year terms. To align with the rules established for Council-Selected Committees, CPGP members will be appointed to serve three (3) year terms moving forward. There are currently four (4) openings and four (4) applications were received. The open seats are described as follows: • One (1) District I seat with a full-length term beginning March 1, 2024, and ending February 28, 2027. • Two (2) District II seats. One (1) with a full-term beginning March 1, 2024, and ending February 28, 2027. One (1) with a partial term ending February 28, 2025. • One (1) District IV seat with a full-term beginning March 1, 2024, and ending February 28, 2027. The City began accepting applications to receive a CPGP award on March 1, 2024. Applications are due April 26, 2024. Presentations to the CPGP Committee will take place on Tuesday nights from 6-8:30 p.m.: June 4, June 11, June 18, & June 25. The final recommendation meeting will be in July and the committee, or its representatives, will present their recommendations to Council in the third quarter of 2024. RECOMMENDATIONS Staff recommends appointing members to fill open seats on the Board of Adjustment, Cultural Commission, Sustainable Wheat Ridge, and CPGP as stated below. RECOMMENDED MOTIONS District I: Motion by CM Hoppe, 2nd by CM Snell. “I move to appoint Amanda Rodriguez to fill the vacant District I position of the Board of Adjustment, term to expire March 1, 2027; AND I move to appoint Jeffrey Richards to the Community Partners Grant Program Committee District I seat, term to expire February 28, 2027.” District II: Motion by CM Hultin, 2nd by CM Ohm. “I move to appoint District III resident Lindsey Schwerman to the Community Partners Grant Program Committee District II seat, term to expire February 28, 2027 and District III resident Adam Wakefield to the Community Partners Grant Program Committee District II seat, partial term to expire February 28 2025.” Council Action Form – Committee Appointments March 25, 2024 Page 4 District III – Motion by CM Weaver. 2nd by CM Stites “I move to appoint Ryan Schwerman to the District III seat of the Sustainable Wheat Ridge Committee, term ending February 28, 2027.” District IV – Motion by CM Dozeman. 2nd by CM Larson. “I move to reappoint District I resident Brendan Kelley to the District IV seat of the Cultural Commission, term to expire March 1, 2027; AND I move to appoint District III resident Rio O’Neal to the District IV seat of the Community Partners Grant Program, term to expire February 28, 2027.” Sustainable Wheat Ridge: Motion by CM Ohm: “I move to ratify the staff-nominated appointments of the Sustainable Wheat Ridge Committee as follows: • Reappointment of Betsy Coppock of District III for an at-large position, term ending February 28, 2027. • Appointment of Mike Stewart of District II for an at-large position, term ending February 28, 2027. • Appointment of Conner Denton, Non-Resident representative, for an at-large position, term ending February 28, 2027. • Appointment of Amanda Burch of District II for an at-large position, term ending February 28, 2027. • Appointment of Sara Nepomuceno of District II for an at-large position, term ending February 28, 2026.” REPORT PREPARED/REVIEWED BY: Mary Hester, Sustainability Coordinator Cole Haselip, Management Analyst Marianne Schilling, Assistant City Manager Margy Greer, Sr. Deputy City Clerk Alli Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Board of Adjustment Application 2. Cultural Commission Applications 3. Sustainable Wheat Ridge Committee Applications 4. Community Partners Grant Program Committee Applications ATTACHMENT 2 Sustainable Wheat Ridge Committee Application WR.Sustainable.Wheat The purpose of Sustainable Wheat Ridge is to engage with the community and to recommend and prioritize environmental sustainability goals and programs for the City of Wheat Ridge. The committee will be comprised of Wheat Ridge residents and non-residents with a connection to Wheat Ridge with a combination of members with experience in sustainability issues and members with a strong interest in environmental sustainability. The committee is currently focusing within the topic areas of Communications & Engagement, Green Building & Energy Efficiency, Renewable Energy, Solid Waste & Recycling, Transportation, and Water. More information on Sustainable Wheat Ridge can be found here on the city webpage: Sustainable Wheat Ridge In each board year (March 1 - February 28), Sustainable Wheat Ridge members are expected to: - Participate in at least three (3) community engagement events - Participate in at least one (1) sub-topic committee or project - Read agenda and any associated materials prior to monthly meeting time - Attend monthly committee meetings, not accruing more than two (2) unexcused absences in a 365-day period Sustainable Wheat Ridge members may serve up to two consecutive, three year membership terms. The committee currently has five (5) open seats, with varying term lengths: - 3 seats with full length terms beginning March 1, 2024 and ending February 28, 2027 - 1 seat with a partial term beginning March 1, 2024 and ending February 28, 2025; does not count as a full term and member would be eligible to serve an additional six (6) years - 1 seat with a partial term beginning March 1, 2024 and ending February 28, 2026; counts as a full term and member would be eligible to serve an additional three (3) years Print Sustainability Committee Application - Submission #83094 Date Submitted: 2/3/2024 ATTACHMENT 3 The regular meeting time is the third Thursday of each month from 6 - 8 p.m. First Name* Betsy Last Name* Coppock Address1* 25 Skyline Dr Address2 City* Wheat Ridge State* CO Zip* 80215 Email Address* coppockbetsy@gmail.com Phone* 303-909-3665 In which district do you reside?* District I District II District III District IV Non-Resident District Map Click here to find your district https://www.ci.wheatridge.co.us/1175/Council-District- Maps Please describe your connection to Wheat Ridge:* A Wheat Ridge resident for 36 years Examples include: "I am a Wheat Ridge resident", "I own a business in Wheat Ridge", etc. Occupation* Engineer Employer* Retired- Xcel Energy How did you learn about Sustainable Wheat Ridge?* I am part of the leadership team for Sustainable Paramount Heights and originally learned about Sustainable Wheat Ridge through my work in Paramount Heights. I have been a member of Sustainable Wheat Ridge for the last two years. Please describe your background and experience in sustainability:* I was an electrical engineer at Xcel Energy for 36 years. The last 10 years much of the work I was involved in centered around the technical aspects and the resulting policy of sustainability, resiliency and reliability on the electric distribution grid. This included initiating the identification of the short comings of the distribution grid with an expected large influx of Electric Vehicles (EV), focusing primarily on the residential areas. I also developed and budgeted initial plans for grid improvements needed to meet the increase of EVs. I highlighted existing internal/external policies that discouraged EV ownership and developed pilot program policies to counter those issues. I developed a proposal for an R&D project that studies a variety of EV penetration scenarios, with a primary focus on impacts to older neighborhoods along with opportunities for using solar and batteries to mitigate grid issues. I developed proposals to create mobile applications that will provide opportunities for customers to modify behavior by selecting EV charging times associated with abundance of renewable resources and less stressful times to the grid. This is now a program at Xcel Energy. I was a member of the Xcel Energy technical negotiating team to reintegrate The City of Boulder electric assets back into the Xcel system. Discussions primarily focused on renewable energy and EV pilot projects. Early in my career I completed studies and developed plans for integration of small renewable resources to the electric grid. Although not recently involved in those renewable integration efforts on a day to day basis, local renewable energy impacts was always considered in my work. At the personal level I started a pollinator garden in my yard and have purchased an electric vehicle. Please describe your community experience, including any time served on boards or commissions.* I have been on the Sustainable Paramount Heights leadership team for the last two years. I have focused on creating a more pollinator friendly neighborhood. This included: scheduling a field trip to a local pollinator expert; setting up a neighborhood evening to learn about becoming part of Home Grown National Park by viewing a video by leading pollinator expert, Doug Tallamy and an in person discussion with a local native landscaper; working with a city employee to design a pollinator garden in Paramount Park. I have been a member of Sustainable Wheat Ridge for the last two years. I have participated in several events including: cleaning up a park; paint recycling; fall leaf collection; and electronic waste recycling. I have been part of the emissions reduction team much of our work was towards educating city staff, council, and commissions about the benefits of EV charging and opportunities to change zoning and building codes to handle EV’s and other building electrification needs. I I have reviewed bids for the update to the Sustainable Action Plan and recommended the eventual award winner. I have been a member of the Inflation Reduction Act team. We have educated ourselves about the IRA and will be able to assist the city on educating residents when more guidance is available. Wrote a letter of support for Wheat Ridge’s winning of a grant for tree planting as part of the IRA. Why are you interested in serving on the Sustainable Wheat Ridge Committee?* I believe strongly that many paths are required to create a more sustainable earth. Local effortsand policy are key to quickly making changes. My background in understanding the practicallimits of ideas due to technical issues can help craft appropriate policy decisions that are technically feasible and implementable while understanding budget impacts to construction. I believe I have more to give to this great group as work around the Inflation Reduction Act ramps up and as more people become aware of climate change. Which sustainability topic area most aligns with your skills and expertise?* Please describe any other experiences or interests that may be relevant to your application. My work on electric reliability and resiliency included efforts to identify equity issues and opportunities for improvement. Wheat Ridge’s work on sustainability needs to include thoughts and actions on equity. The legacy Lutheran Hospital campus creates an opportunity to showcase sustainable efforts as it is repurposed. This opportunity should not be lost but instead should be embraced and displayed for the entire community about what the future of Wheat Ridge can be. Policy changes could be one avenue to create a sustainable infill development along with creating partnerships with developers, utilities and other institutions. With my background I can help take ideas and mold them into practical applications. Can you commit to the membership requirements listed below?* In each board year (March 1 - February 28): - Members shall attend monthly committee meetings, not accruing more than two (2) unexcused absences in a 365-day period - Members shall participate in at least three (3) community engagement events. - Members shall participate in at least one (1) sub-topic committee or project. - Members shall read agenda and any associated materials prior to monthly meeting time. Yes Can you commit to serving in any of the open seats with term lengths as described at the beginning of this application?* Yes Renewable Energy Sustainable Wheat Ridge Committee Application WR.Sustainable.Wheat The purpose of Sustainable Wheat Ridge is to engage with the community and to recommend and prioritize environmental sustainability goals and programs for the City of Wheat Ridge. The committee will be comprised of Wheat Ridge residents and non-residents with a connection to Wheat Ridge with a combination of members with experience in sustainability issues and members with a strong interest in environmental sustainability. The committee is currently focusing within the topic areas of Communications & Engagement, Green Building & Energy Efficiency, Renewable Energy, Solid Waste & Recycling, Transportation, and Water. More information on Sustainable Wheat Ridge can be found here on the city webpage: Sustainable Wheat Ridge In each board year (March 1 - February 28), Sustainable Wheat Ridge members are expected to: - Participate in at least three (3) community engagement events - Participate in at least one (1) sub-topic committee or project - Read agenda and any associated materials prior to monthly meeting time - Attend monthly committee meetings, not accruing more than two (2) unexcused absences in a 365-day period Sustainable Wheat Ridge members may serve up to two consecutive, three year membership terms. The committee currently has five (5) open seats, with varying term lengths: - 3 seats with full length terms beginning March 1, 2024 and ending February 28, 2027 - 1 seat with a partial term beginning March 1, 2024 and ending February 28, 2025; does not count as a full term and member would be eligible to serve an additional six (6) years - 1 seat with a partial term beginning March 1, 2024 and ending February 28, 2026; counts as a full term and member would be eligible to serve an additional three (3) years Print Sustainability Committee Application - Submission #81978 Date Submitted: 12/26/2023 The regular meeting time is the third Thursday of each month from 6 - 8 p.m. First Name* Mike Last Name* Stewart Address1* 4700 Newland St Address2 City* Wheat Ridge State* CO Zip* 80033 Email Address* stew.mw@gmail.com Phone* 720-771-1817 In which district do you reside?* District I District II District III District IV Non-Resident District Map Click here to find your district https://www.ci.wheatridge.co.us/1175/Council-District- Maps Please describe your connection to Wheat Ridge:* I am a Wheat Ridge resident Examples include: "I am a Wheat Ridge resident", "I own a business in Wheat Ridge", etc. Occupation* Engineer Employer* Steelhead Composites How did you learn about Sustainable Wheat Ridge?* "Happening in Wheat Ridge" email Please describe your background and experience in sustainability:* My Master's degree in civil and environmental engineering focused on Sustainable Community Development. I've consulted as a Water and Sanitation engineer on development projects across Latin America. Each of those projects required a sustainable solution that was appropriate for the capacity of that community. Strong community involvement led to the greatest successes for lasting, sustainable solutions for clean drinking water and sanitation improvements. Please describe your community experience, including any time served on boards or commissions.* I have volunteered for local clean up and community improvement projects. I've also had theopportunity to work on international community development efforts, generally focused onimproving access to drinking water and sanitation. Why are you interested in serving on the Sustainable Wheat Ridge Committee?* The 2018 Action Plan provides a nice framework for improvements, identifying real steps to be taken. I'd like to promote environmental stewardship in our Wheat Ridge community by supporting the on-going SWR Committee goals and programs. Which sustainability topic area most aligns with your skills and expertise?* Please describe any other experiences or interests that may be relevant to your application. resume and cover letter are attached Water Can you commit to the membership requirements listed below?* In each board year (March 1 - February 28): - Members shall attend monthly committee meetings, not accruing more than two (2) unexcused absences in a 365-day period - Members shall participate in at least three (3) community engagement events. - Members shall participate in at least one (1) sub-topic committee or project. - Members shall read agenda and any associated materials prior to monthly meeting time. Yes Can you commit to serving in any of the open seats with term lengths as described at the beginning of this application?* Yes File Upload Stew_coverletter.pdf You may upload a resume, cover letter or any other relevant information. Thank you for your interest in Sustainable Wheat Ridge! Applications will be reviewed after the application period ends at 11:59 p.m. on January 14, 2024. Qualified candidates will be contacted by City staff for next steps. Mike “Stew“ Stewart stew.mw@gmail.com 4700 Newland St, Wheat Ridge, CO 80033 (720) 771-1817 December 26, 2023 To the Sustainable Wheat Ridge (SWR) Committee, I am excited to join the SWR Committee! As part of the committee, I would bring my engineering background and a desire to promote sustainability within our Wheat Ridge community. I currently manage product development at a company providing hydrogen storage infrastructure for use of hydrogen as an alternative energy fuel. While my professional role is steering towards a positive societal benefit in the distant future, I seek opportunities to have a more direct and local influence. Sustainable community development was an emphasis within my Master’s degree in Engineering for Developing Communities. A key component of sustainable development is the importance of considering the community’s capacity to both implement and maintain any proposed solution. During graduate school I focused on water treatment, conducting research at NIST in Boulder on point of use water ceramic water filters. I also studied water chemistry, water treatment, wastewater treatment and environmental engineering processes. A highlight of my grad school experience was the field work and time spent as a volunteer Project Manager for an Engineers Without Borders (EWB) project in northern Peru, assisting a community with access to clean drinking water. The community’s involvement, combined with a mutual agreement between the municipal government, community and EWB team, resulted in a successful project that is still operational years after installation. Coordinating the system design, construction, and monitoring plan was both a challenging and rewarding experience. My interests and skill set align well with the goals of the Sustainable Wheat Ridge Committee. I appreciate your consideration and look forward to hearing from you. Respectfully, Stew Mike “Stew” Stewart stew.mw@gmail.com (720) 771-1817 Mike “Stew” Stewart stew.mw@gmail.com 4700 Newland St, Wheat Ridge, CO 80033 (720) 771-1817 Experience Director of Product Development Steelhead Composites 2014-present Collaborate with the engineering team to advance product concepts to manufacturable goods through an ISO 9001 certified stage-gate product realization process. Manage multiple projects simultaneously, including $1M+ aerospace programs. Assess technical feasibility and financial scope of potential contracts. Communicate directly with customers during all phases of product development and production. Water and Sanitation Consultant 2009-2013 Recommended drinking water solutions based on water quality test results at Finca de la Tierra in Argentina. Drafted a monitoring and evaluation (M&E) plan for a pilot slow sand water filter installed at a primary school in Mexico. Reviewed quality control procedures at the Filtrón ceramic water filter factory in Managua, Nicaragua. Project Manager (volunteer) Engineers Without Borders CU chapter 2009-2010 Led a community-based effort to improve access to clean water and sanitation for ~130 people Established a 3-party written agreement between the community, the engineering team, and the Chao municipal government. Coordinated construction of spring catchment and water distribution piping. Defined water quality testing procedures for initial assessment and continuous monitoring for contamination. Graduate Research Assistant National Institute of Standards & Technology 2008-2010 Correlated release rates of silver nanoparticles from ceramic surfaces to varying water chemistry. Participated in an international working group to define best practices for ceramic pot filter production by authoring the chapter on quality control. Education M.S. in Civil and Environmental Engineering University of Colorado Relevant Coursework: Fundamentals and Processes of Environmental Engineering, Sustainable Community Development, Water Chemistry, Water Treatment, Wastewater Treatment Thesis: Measuring the effect of water quality parameters on the release of silver nanoparticles from a ceramic surface using a quartz crystal microbalance B.S. in Mechanical Engineering; Minors in Spanish, mathematics Colorado State University Universidad del Salvador, Buenos Aires, Argentina Awards, Honors, and Memberships Honor Societies: Pi Tau Sigma (Mechanical Engineering); Tau Beta Pi (Engineering); Sigma Xi (Research); Golden Key National Honor Society Professional Research Experience Program, Nat’l Institute of Standards & Technology Engineer in Training (CO EI.0057761) Eagle Scout Sustainable Wheat Ridge Committee Application WR.Sustainable.Wheat The purpose of Sustainable Wheat Ridge is to engage with the community and to recommend and prioritize environmental sustainability goals and programs for the City of Wheat Ridge. The committee will be comprised of Wheat Ridge residents and non-residents with a connection to Wheat Ridge with a combination of members with experience in sustainability issues and members with a strong interest in environmental sustainability. The committee is currently focusing within the topic areas of Communications & Engagement, Green Building & Energy Efficiency, Renewable Energy, Solid Waste & Recycling, Transportation, and Water. More information on Sustainable Wheat Ridge can be found here on the city webpage: Sustainable Wheat Ridge In each board year (March 1 - February 28), Sustainable Wheat Ridge members are expected to: - Participate in at least three (3) community engagement events - Participate in at least one (1) sub-topic committee or project - Read agenda and any associated materials prior to monthly meeting time - Attend monthly committee meetings, not accruing more than two (2) unexcused absences in a 365-day period Sustainable Wheat Ridge members may serve up to two consecutive, three year membership terms. The committee currently has five (5) open seats, with varying term lengths: - 3 seats with full length terms beginning March 1, 2024 and ending February 28, 2027 - 1 seat with a partial term beginning March 1, 2024 and ending February 28, 2025; does not count as a full term and member would be eligible to serve an additional six (6) years - 1 seat with a partial term beginning March 1, 2024 and ending February 28, 2026; counts as a full term and member would be eligible to serve an additional three (3) years Print Sustainability Committee Application - Submission #82280 Date Submitted: 1/5/2024 The regular meeting time is the third Thursday of each month from 6 - 8 p.m. First Name* Conner Last Name* Denton Address1* 4815 Umatilla St Address2 City* Denver State* CO Zip* 80221 Email Address* cdent724@gmail.com Phone* 17203208996 In which district do you reside?* District I District II District III District IV Non-Resident District Map Click here to find your district https://www.ci.wheatridge.co.us/1175/Council-District- Maps Please describe your connection to Wheat Ridge:* Went to Wheat Ridge High School, my parents and close friends live in Wheat Ridge. Examples include: "I am a Wheat Ridge resident", "I own a business in Wheat Ridge", etc. Occupation* Education Associate Employer* Children's Museum of Denver How did you learn about Sustainable Wheat Ridge?* My mom is subscribed to the What's Up Wheat Ridge email, and she forwarded it to me, as she thought I may be interested in the opportunity. Please describe your background and experience in sustainability:* I recently graduated from Colorado State University with a degree in ecosystem sciences and sustainability and a minor in restoration ecology. While I have little professional experience with sustainability, I have a good base of knowledge and a passion for sustainability and the city of Wheat Ridge. Please describe your community experience, including any time served on boards or commissions.* I have not served on a board or commission before, but I am excited about the opportunity tobe a part of one. I think that it is a great opportunity to make a difference in my hometowncommunity and to gain experience working toward sustainability on a larger scale. Why are you interested in serving on the Sustainable Wheat Ridge Committee?* I see this as an opportunity to make a difference in my community, I chose my degree because I felt that with it I could make a lasting impact on the world around me. I care deeply for the environment, and people, and for making sustainable impacts. Which sustainability topic area most aligns with your skills and expertise?* Please describe any other experiences or interests that may be relevant to your application. I volunteered as a grassroots organizer in Fort Collins While I was in school. I worked with Community for Sustainable Energy, the project I was organizing support for was getting Larimercounty schools to go solar. Communications and Engagement Can you commit to the membership requirements listed below?* In each board year (March 1 - February 28): - Members shall attend monthly committee meetings, not accruing more than two (2) unexcused absences in a 365-day period - Members shall participate in at least three (3) community engagement events. - Members shall participate in at least one (1) sub-topic committee or project. - Members shall read agenda and any associated materials prior to monthly meeting time. Yes Can you commit to serving in any of the open seats with term lengths as described at the beginning of this application?* Yes File Upload Conner_Denton.pdf You may upload a resume, cover letter or any other relevant information. Thank you for your interest in Sustainable Wheat Ridge! Applications will be reviewed after the application period ends at 11:59 p.m. on January 14, 2024. Qualified candidates will be contacted by City staff for next steps. Conner Denton 720-320-8996 cdent724@gmail.com EDUCATION Colorado State University Fort Collins, CO Bachelor of Science in Ecosystem Sciences and Sustainability, May 2023 Minor in Ecological Restoration • Relevant Courses: Ecosystem Ecology, Public Communication in Natural Resources, Intro to GIS, Quantitative Reasoning for Ecosystem Sciences, Ecology and Management of Weeds, Ecological Restoration, Restoration Case Studies, Global Perspectives on Sustainability, Sustainable Watersheds RELEVANT PROFESSIONAL EXPERIENCE Chatfield State Park Littleton, CO Park Management May 2022- August 2022 • Worked as an arborist to manage vegetation as well as suppress invasive species. • Helped visitors with various tasks and questions regarding the park. • Oversaw general clean-up around the park. • Lead volunteer groups to do various park projects. RELEVANT ACADEMIC EXPERIENCE Weed Management Plan Fall, 2022 Coterie Natural Area • Built a plan for the management of invasive species. • Covered the timeline of when all the different treatments were to occur and a total of all the costs. • Developed skills in ecological assessments, project planning, and cost analysis. Capstone Project Spring, 2023 Private Lands Conservation • Created a story map to exhibit ways to use CODEX (Colorado’s Conservation Data Explorer), for private land conservation and conservation easements. • Created short videos that covered the basics of CODEX as well as the different ways of extracting information. • Worked with the Colorado Natural Heritage Program as well as Keep it Colorado and the Colorado Cattlemen’s Conservation Easement to finalize this project. • Developed skills in stakeholder relations, as well as utilizing ArcGIS, and data analytics. Forestry Project Spring, 2023 Boreal Future Management • Planned for future management of the Boreal forests in relation to the changing climate. Went over future projections in changes in climate and different ways to preserve the biomass of the Boreal forests. • Developed skills in researching and applied various studies to determine different courses of action. CERTIFICATIONS CITI Program February, 2022 Human Research- Group 2.SOCIAL / HUMANISTIC / BEHAVIORAL RESEARCH Sustainable Wheat Ridge Committee Application WR.Sustainable.Wheat The purpose of Sustainable Wheat Ridge is to engage with the community and to recommend and prioritize environmental sustainability goals and programs for the City of Wheat Ridge. The committee will be comprised of Wheat Ridge residents and non-residents with a connection to Wheat Ridge with a combination of members with experience in sustainability issues and members with a strong interest in environmental sustainability. The committee is currently focusing within the topic areas of Communications & Engagement, Green Building & Energy Efficiency, Renewable Energy, Solid Waste & Recycling, Transportation, and Water. More information on Sustainable Wheat Ridge can be found here on the city webpage: Sustainable Wheat Ridge In each board year (March 1 - February 28), Sustainable Wheat Ridge members are expected to: - Participate in at least three (3) community engagement events - Participate in at least one (1) sub-topic committee or project - Read agenda and any associated materials prior to monthly meeting time - Attend monthly committee meetings, not accruing more than two (2) unexcused absences in a 365-day period Sustainable Wheat Ridge members may serve up to two consecutive, three year membership terms. The committee currently has five (5) open seats, with varying term lengths: - 3 seats with full length terms beginning March 1, 2024 and ending February 28, 2027 - 1 seat with a partial term beginning March 1, 2024 and ending February 28, 2025; does not count as a full term and member would be eligible to serve an additional six (6) years - 1 seat with a partial term beginning March 1, 2024 and ending February 28, 2026; counts as a full term and member would be eligible to serve an additional three (3) years Print Sustainability Committee Application - Submission #82275 Date Submitted: 1/5/2024 The regular meeting time is the third Thursday of each month from 6 - 8 p.m. First Name* Amanda Last Name* Burch Address1* 7799 W. 47th Avenue Address2 City* Wheat Ridge State* CO Zip* 80033 Email Address* ms.amandaburch@gmail.com Phone* 303-961-4972 In which district do you reside?* District I District II District III District IV Non-Resident District Map Click here to find your district https://www.ci.wheatridge.co.us/1175/Council-District- Maps Please describe your connection to Wheat Ridge:* I am a Wheat Ridge resident. Examples include: "I am a Wheat Ridge resident", "I own a business in Wheat Ridge", etc. Occupation* Director, Learning & Design Employer* Global Online Academy How did you learn about Sustainable Wheat Ridge?* I first learned about the work of Sustainable Wheat Ridge through a Sustainable Neighborhoods sign at Johnson Park (near my home). Please describe your background and experience in sustainability:* While I only have information experience with sustainability, it is something that I am personally passionate about, and try to live into sustainability practices in small ways at home – by gardening, replacing lawn with low-water, native landscapes, by composting. Please describe your community experience, including any time served on boards or commissions.* I don't have any direct community experience serving on boards or committees, but I occupy aleadership position at my place of work. I have also served and led several working committeesin that capacity. I am a skilled and certified project manager, which may benefit the work ofSustainable Wheat Ridge. Why are you interested in serving on the Sustainable Wheat Ridge Committee?* I want to be of service and feel more connected to my community around initiatives that I am passionate about, and joining the Sustainable Wheat Ridge Committee feels like it would provide opportunities to do so. Which sustainability topic area most aligns with your skills and expertise?* Please describe any other experiences or interests that may be relevant to your application. I work in learning experience design, so any outreach or engagement that focuses on education would be well aligned with my professional expertise. Communications and Engagement Can you commit to the membership requirements listed below?* In each board year (March 1 - February 28): - Members shall attend monthly committee meetings, not accruing more than two (2) unexcused absences in a 365-day period - Members shall participate in at least three (3) community engagement events. - Members shall participate in at least one (1) sub-topic committee or project. - Members shall read agenda and any associated materials prior to monthly meeting time. Yes Can you commit to serving in any of the open seats with term lengths as described at the beginning of this application?* Yes File Upload AmandaBurchResume.pdf You may upload a resume, cover letter or any other relevant information. Thank you for your interest in Sustainable Wheat Ridge! Applications will be reviewed after the application period ends at 11:59 p.m. on January 14, 2024. Qualified candidates will be contacted by City staff for next steps. AMANDA BURCH Learning Experience Design & Strategy Leader 303 961-4972 ms.amandaburch@gmail.com amandamburch.com Wheat Ridge, Colorado EXPERIENCE Director, Learning & Design 08/2020 Present Global Online Academy Remote Global Online Academy is a membership-based non-profit providing access to collaborative, global learning experiences for students and professional development offerings for educators. Designed and implemented responsive, scalable learning design process that has produced a 28% increase in NPS and other key performance indicators across redesigned courses Mentor and manage a high-impact learning design team and drive the team's product development strategy, roadmap, and KPI tracking Steward online accessibility and inclusion efforts that have achieved Web Content Accessibility Guidelines WCAG 2.0 AA standards across 80% of programs Facilitate and coach design leadership courses and cohort-based programs Contribute to high-level strategic leadership team decisions, serving as an advocate for user-centered design Learning Experience Design and Project Management Consultant 01/2013 Present Freelance Remote Facilitate stakeholder discussions to uncover skills gaps and needs within their organizations to inform project scope Provide learning and training design, content strategy, and user experience research support and direction in the development and redevelopment of online learning experiences across multiple Learning Management Systems Collaborate with subject-matter experts to develop dynamic, engaging multimedia and content, including SCORM resources, for adult learners Develop system taxonomies and metadata schemas for media content management systems Director, eLearning and Multimedia Products 03/2018 08/2020 Teach For All Remote Teach For All is a global network of partner organizations working to expand educational opportunity and leadership development. Designed and produced high-impact leadership development experiences and multimedia resources for global audiences Created and implemented tools and processes to ensure consistency of learning content in support of business objectives Led user experience and accessibility efforts for digital learning resources Served as team's agile project manager, monitoring scope, timelines, and deliverables Director, Program Applications 11/2016 03/2018 Teach For America Remote Teach for America is a non-profit organization focused on educational equity and teacher leadership development. Managed and supported internal data systems and associated data governance processes and programs Designed, developed, and delivered training experiences and managed knowledge bases related to data systems Provided end-user support for data systems and managed associated technical support channels Administered Learning Management System, including user enrollment, technical troubleshooting, and content management SUMMARY I am a change maker, learning designer, and strategy leader focused on supporting mission-driven organizations in the visioning, design, and delivery of accessible, user-centered learning experiences and products. I am passionate about creating meaningful and impactful learning opportunities and resources that drive employee, end-user, and organizational growth. CERTIFICATION Evaluating Learning Impact Association for Talent Development Project Management Professional (PMP) Project Management Institute PMI Scrum Product Owner Scrum Alliance Inclusive Online Course Design Quality Matters Responsive Web Design gSchool at Galvanize TECHNOLOGY Adobe Creative Cloud HTML CSS Scrum Canvas LMS Brightspace LMS Bridge LMS Captivate Articulate 360 Google Suite Camtasia WAVE Jira Monday.com Mural Looker Studio Google Data Studio) Salesforce E q e • • • • • • • • • • • • • • • • • EXPERIENCE Instructional Designer and Project Manager 06/2016 01/2017 University of Colorado Denver, School of Medicine Denver, Colorado The School of Medicine's Pediatric Residency Program trains residents in specializations, including neurology, nephrology, internal medicine, and more. Designed and developed interactive multimedia, video content, and instructional material for in-person, hybrid, and online learning experiences Created storyboards and determined course instructional strategies and media elements Served as LMS administrator, managing user enrollment, technical troubleshooting, and content management within Learning Object Repository Acted as project manager for course development projects Learning Spaces Technology Manager 09/2014 06/2016 University of Colorado Denver, Auraria Library Denver, Colorado The Auraria Library is a technology-driven, academic library serving the student and faculty populations of the University of Colorado, Community College of Denver, and Metropolitan State University. Led the direction, curriculum integration, and maintenance of technology-enabled learning spaces Conducted user experience research and made process improvement recommendations Provided formal and informal technology training to faculty, staff, and students Developed policies, procedures, and workflows for technology-enabled learning spaces Strategized, implemented, and managed tri-institutional digital media lab and lab staff Senior Instructional Designer and Design Team Coordinator 09/2013 09/2014 Colorado Community Colleges Online Denver, Colorado Colorado Community Colleges Online designs, builds, and facilitates an extensive course catalog for 13 community colleges across the state of Colorado. Led four-person Instructional Design team for six months as interim coordinator Worked collaboratively with academic teams to design, develop, redesign, and maintain online courses Acted as project manager for multiple development projects simultaneously Advised faculty on user-centered online course design, copyright, and accessibility compliance Developed course pages using HTML and CSS, adhering to institutional and national design standards Digital Asset Management Consultant 05/2011 09/2013 Advertising Production Resources Denver, Colorado Advertising Production Resources is a leading content creation optimization consultancy, advising Fortune 500 brand marketers on how to work more efficiently. Responsible for content management system selection, implementation, and administration Developed system taxonomies and metadata schemas based upon clients’ content and workflow needs Analyzed user analytics and evaluated user feedback to determine effectiveness of systems Managed quotes, proposals, and contracts from third party vendors EDUCATION User Experience Coursework 2019 Interaction Design Foundation Graduate Coursework in Instructional Technology 2015 University of Colorado Denver Master of Information Science and Technology 2011 University of Denver Bachelor of Arts in Visual Studies 2008 California College of the Arts • • • • • • • • • • • • • • • • • • Sustainable Wheat Ridge Committee Application WR.Sustainable.Wheat The purpose of Sustainable Wheat Ridge is to engage with the community and to recommend and prioritize environmental sustainability goals and programs for the City of Wheat Ridge. The committee will be comprised of Wheat Ridge residents and non-residents with a connection to Wheat Ridge with a combination of members with experience in sustainability issues and members with a strong interest in environmental sustainability. The committee is currently focusing within the topic areas of Communications & Engagement, Green Building & Energy Efficiency, Renewable Energy, Solid Waste & Recycling, Transportation, and Water. More information on Sustainable Wheat Ridge can be found here on the city webpage: Sustainable Wheat Ridge In each board year (March 1 - February 28), Sustainable Wheat Ridge members are expected to: - Participate in at least three (3) community engagement events - Participate in at least one (1) sub-topic committee or project - Read agenda and any associated materials prior to monthly meeting time - Attend monthly committee meetings, not accruing more than two (2) unexcused absences in a 365-day period Sustainable Wheat Ridge members may serve up to two consecutive, three year membership terms. The committee currently has five (5) open seats, with varying term lengths: - 3 seats with full length terms beginning March 1, 2024 and ending February 28, 2027 - 1 seat with a partial term beginning March 1, 2024 and ending February 28, 2025; does not count as a full term and member would be eligible to serve an additional six (6) years - 1 seat with a partial term beginning March 1, 2024 and ending February 28, 2026; counts as a full term and member would be eligible to serve an additional three (3) years Print Sustainability Committee Application - Submission #82266 Date Submitted: 1/5/2024 The regular meeting time is the third Thursday of each month from 6 - 8 p.m. First Name* Sara Last Name* Nepomuceno Address1* 4321 Dover Street Address2 City* Wheat Ridge State* Colorado Zip* 80033 Email Address* saranepomuceno@gmail.com Phone* 3035961795 In which district do you reside?* District I District II District III District IV Non-Resident District Map Click here to find your district https://www.ci.wheatridge.co.us/1175/Council-District- Maps Please describe your connection to Wheat Ridge:* I am a Wheat Ridge resident and Wheat Ridge business owner. Examples include: "I am a Wheat Ridge resident", "I own a business in Wheat Ridge", etc. Occupation* Operations Employer* High West Electric How did you learn about Sustainable Wheat Ridge?* I have seen the group out and about at events. And I have participated in the paint collection, christmas tree drop Please describe your background and experience in sustainability:* I don't have much experience in sustainability, more just an interested. The little experience I have comes from participating in the Edison Elementary Green Team, which focused on reducing waste by switching to silverware instead of disposable. The team also brought composting to the school. The team fought DPS about poisonous grass fertilizers and won the ability to be pesticide free. We engaged the kids with quartely grounds clean ups and a cray hat contest on Earth Day. Please describe your community experience, including any time served on boards or commissions.* I have no experience. Why are you interested in serving on the Sustainable Wheat Ridge Committee?* I've see this committee make great strides in our community, most recently the discussion on trash collection options. I would really like to meet new people and make a real difference in Wheat Ridge. Which sustainability topic area most aligns with your skills and expertise?* Please describe any other experiences or interests that may be relevant to your application. Prior to working with my husband at High West Electric, I previously ran a successful dog walking and pet sitting business for 17 years. And prior to that, I worked in public relationsworking with dot.com start ups. I'm personal, positive and love collaborating. Communications and Engagement Can you commit to the membership requirements listed below?* In each board year (March 1 - February 28): - Members shall attend monthly committee meetings, not accruing more than two (2) unexcused absences in a 365-day period - Members shall participate in at least three (3) community engagement events. - Members shall participate in at least one (1) sub-topic committee or project. - Members shall read agenda and any associated materials prior to monthly meeting time. Yes Can you commit to serving in any of the open seats with term lengths as described at the beginning of this application?* Yes File Upload Choose File No file chosen You may upload a resume, cover letter or any other relevant information. Thank you for your interest in Sustainable Wheat Ridge! Applications will be reviewed after the application period ends at 11:59 p.m. on January 14, 2024. Qualified candidates will be contacted by City staff for next steps. Sustainable Wheat Ridge Committee Application WR.Sustainable.Wheat The purpose of Sustainable Wheat Ridge is to engage with the community and to recommend and prioritize environmental sustainability goals and programs for the City of Wheat Ridge. The committee will be comprised of Wheat Ridge residents and non-residents with a connection to Wheat Ridge with a combination of members with experience in sustainability issues and members with a strong interest in environmental sustainability. The committee is currently focusing within the topic areas of Communications & Engagement, Green Building & Energy Efficiency, Renewable Energy, Solid Waste & Recycling, Transportation, and Water. More information on Sustainable Wheat Ridge can be found here on the city webpage: Sustainable Wheat Ridge In each board year (March 1 - February 28), Sustainable Wheat Ridge members are expected to: - Participate in at least three (3) community engagement events - Participate in at least one (1) sub-topic committee or project - Read agenda and any associated materials prior to monthly meeting time - Attend monthly committee meetings, not accruing more than two (2) unexcused absences in a 365-day period Sustainable Wheat Ridge members may serve up to two consecutive, three year membership terms. The committee currently has five (5) open seats, with varying term lengths: - 3 seats with full length terms beginning March 1, 2024 and ending February 28, 2027 - 1 seat with a partial term beginning March 1, 2024 and ending February 28, 2025; does not count as a full term and member would be eligible to serve an additional six (6) years - 1 seat with a partial term beginning March 1, 2024 and ending February 28, 2026; counts as a full term and member would be eligible to serve an additional three (3) years Print Sustainability Committee Application - Submission #82172 Date Submitted: 1/2/2024 The regular meeting time is the third Thursday of each month from 6 - 8 p.m. First Name* Ryan Last Name* Schwerman Address1* 11680 W 35th Ave Address2 City* Wheat Ridge State* CO Zip* 80033 Email Address* ryanschwerman@gmail.com Phone* 8472872007 In which district do you reside?* District I District II District III District IV Non-Resident District Map Click here to find your district https://www.ci.wheatridge.co.us/1175/Council-District- Maps Please describe your connection to Wheat Ridge:* I am a Wheat Ridge resident with kids in WR public schools Examples include: "I am a Wheat Ridge resident", "I own a business in Wheat Ridge", etc. Occupation* Product Line Manager Employer* Broadcom Carbon Black How did you learn about Sustainable Wheat Ridge?* I was part of the organizing group for the Applewood Valley Sustainable Neighborhood program. Please describe your background and experience in sustainability:* As mentioned above, I was one of the members of the Applewood Valley Sustainable Neighborhood program. I'm also nearly done with my graduate degree at Denver University for Environmental Policy and Management with a concentration in energy and sustainability. I will graduate in June. Please describe your community experience, including any time served on boards or commissions.* I helped plan out and implement initiatives for AVSN. Why are you interested in serving on the Sustainable Wheat Ridge Committee?* Change happens at all levels - nationally, state-wide, and in local communities. We need people who want to take part in that change, like myself, and who also have knowledge of what will be impactful and reasonable to implement. I want to help make our town become a greener and more climate-resilient place to live. Which sustainability topic area most aligns with your skills and expertise?* Please describe any other experiences or interests that may be relevant to your application. I've taken graduate classes in everything from sustainable transportation to sustainable power production, like wind, solar, battery power, and so on. I have learned how communities around the world have implemented sustainable practices, which would be very handy knowledge for this committee. Renewable Energy Can you commit to the membership requirements listed below?* In each board year (March 1 - February 28): - Members shall attend monthly committee meetings, not accruing more than two (2) unexcused absences in a 365-day period - Members shall participate in at least three (3) community engagement events. - Members shall participate in at least one (1) sub-topic committee or project. - Members shall read agenda and any associated materials prior to monthly meeting time. Yes Can you commit to serving in any of the open seats with term lengths as described at the beginning of this application?* Yes File Upload Resume.docx You may upload a resume, cover letter or any other relevant information. Thank you for your interest in Sustainable Wheat Ridge! Applications will be reviewed after the application period ends at 11:59 p.m. on January 14, 2024. Qualified candidates will be contacted by City staff for next steps. Ryan Schwerman 11680 W 35th Avenue Wheat Ridge, CO 80033 Experience VMware Carbon Black Sr. Product Manager – Security Business Unit January 2021 - Present Boulder, Colorado, United States • Overseeing the improvements to our SaaS platform’s Dashboard, which is a window into the many different aspects of our product offering, displaying in widget-form the various crucial data elements that customers need to make informed decisions about their organization • Managing our delivery of Asset Groups feature. This advancement will give customers the ability to govern the rules and policies for the many different assets in their organization, including endpoints (computers), servers, virtual desktop infrastructure, etc • Promoted from Product Manager in February 2022 Technical Product Manager - Security Business Unit April 2020 - September 2021 (1 year 6 months) Boulder, Colorado, United States • Technical Product Manager for threat teams, focusing third-party testing Product Owner September 2018 - April 2020 (1 year 8 months) Boulder, Colorado • Product Owner for infrastructure/SRE teams ZOLL Data Management 6 years Product Owner June 2016 - September 2018 (2 years 4 months) Broomfield, CO • Product Owner for the Road Safety product which was comprised of hardware, firmware and software components that combined that improved driver safety for different types of EMS and Fire vehicles Junior Product Manager December 2013 - June 2016 (2 years 7 months) Broomfield, Colorado • Managed the Dispatch Suite of software products which encompassed three enterprise products, and two SaaS products, which combined to result in over four million dollars in new sales each year and twelve million in recurring revenue Associate Product Manager October 2012 - December 2013 (1 year 3 months) Broomfield, Colorado • Oversaw four software programs which are are used by EMS and Fire agencies both domestically and internationally. My products are in SaaS and enterprise formats and are employed both in the office as well as in vehicles out on the road. St Louis Pipe & Supply Inside Sales 2011 - 2012 (1 year) Denver, Colorado Medline Industries Associate Product Manager 2011 - 2011 Waukegan, Illinois • Associate Product Manager for Medline's face mask product line, worth over $15,000,000 Account Representative 2008 - 2010 (2 years) Waukegan, Illinois • Managed the accounts for 42 Sales Reps and over 3,400 of their custom packs which were worth a combined yearly total of $33,338,348 Education University of Denver Master's degree, Environmental Policy and Management · (2021 - 2023) University of Illinois at Champaign-Urbana ― Champaign Bachelor of Liberal Arts and Sciences, English · (2005 - 2007) College of Lake County Associate Degree, General Studies · (2003 - 2005) ATTACHMENT 4 ITEM NO: 7 DATE: March 25, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 14-2024 – A RESOLUTION IN OPPOSITION TO STATE LEGISLATION INFRINGING UPON HOME RULE AUTHORITY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Assistant City Manager City Manager ISSUE: The City’s Home Rule authority was adopted by its voters in 1976 and is enshrined in the Colorado Constitution. The City Council may pass a resolution in opposition to state legislation infringing up its Home Rule authority. As a result, elected officials and staff could oppose such legislation on behalf of the City without returning to Council to discuss specific bills. PRIOR ACTION: The City Council reached consensus to consider a resolution in opposition to state legislation infringing upon Home Rule authority at the March 4, 2024 Study Session. FINANCIAL IMPACT: None. BACKGROUND: The Tenth Amendment of the United States Constitution establishes that the powers not specifically granted to the federal government are reserved for each state. Therefore, each state is responsible for determining the powers granted to local governments. This principle was famously affirmed in an 1868 ruling by Iowa Supreme Court Justice John F. Dillon. Later adopted by the U.S. Supreme Court, the legal doctrine known as “Dillon’s Rule” established that “Municipal corporations owe their origin to and derive their powers and rights from the legislature (of a state). It breathes into them the breath of life, without which they cannot exist. Council Action Form – Home Rule Authority March 25, 2024 Page 2 As it creates, so it may destroy. If it may destroy, it may abridge and control.” In other words, each state has supreme and unrestricted control over each local government within its jurisdiction. In response to Dillon’s Rule, many states began to adopt constitutional amendments enacting Home Rule. Generally, and in Colorado, Home Rule establishes that cities have the power to pass any law that does not conflict with state law regarding a matter of statewide or mixed (between local and state) concern. In 1875, Missouri became the first state to pass a Home Rule amendment. Colorado followed suit in 1902 when voters amended the Constitution to grant Home Rule authority to Denver and offered it to other cities. The City of Wheat Ridge was incorporated in 1969 and it became a Home Rule municipality in 1976. Home Rule & the Colorado Legislature The Colorado Legislative Session begins in January of each year and concludes 120 days after its commencement. During a typical session, the legislature considers 600-800 bills. Many of these bills impact the City of Wheat Ridge by infringing upon its Home Rule authority. They assert statewide control over areas traditionally considered to be of local concern such as: • Zoning and land use • Local infrastructure • Building permits • Building codes • Local law enforcement • Municipal governance and administration The City of Wheat Ridge advocates for or against statewide legislation through its affiliation with the Colorado Municipal League (CML). Founded in 1923, CML represents the legislative interests of its municipal members, including Wheat Ridge, and currently boasts a membership of 270 cities and towns throughout Colorado. Periodically, CML requests support from its members to oppose legislation encroaching upon Home Rule authority. The attached resolution establishes that the City of Wheat Ridge opposes any legislation threatening its Home Rule authority. Furthermore, it grants authority to its elected officials and staff to actively oppose such legislation on behalf of the City and commits to cooperate with fellow municipalities to oppose such legislation. Currently, the City Council considers legislation on a case-by-case basis. If this resolution is adopted, elected officials and staff will be enabled to oppose legislation infringing upon the City’s Home Rule authority without returning to Council to discuss specific legislation. RECOMMENDATIONS: Adopt Resolution No. 14-2024, A Resolution in Opposition to State Legislation Infringing Upon Home Rule Authority. Council Action Form – Home Rule Authority March 25, 2024 Page 3 RECOMMENDED MOTION: “I move to approve Resolution No. 14-2024, A Resolution in Opposition to State Legislation Infringing Upon Home Rule Authority.” Or, “I move to postpone indefinitely Resolution No. 14-2024, A Resolution in Opposition to State Legislation Infringing Upon Home Rule Authority, for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Cole Haselip, Management Analyst Marianne Schilling, Assistant City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 14-2024 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 14 Series of 2024 TITLE: A RESOLUTION IN OPPOSITION TO STATE LEGISLATION INFRINGING UPON HOME RULE AUTHORITY WHEREAS, Home Rule is a system of government whereby a state delegates authority to legislate matters of local concern to local governments; and WHEREAS, in 1902, Colorado voters amended the Constitution to grant Home Rule authority to cities; and WHEREAS, in 1976, Wheat Ridge voters exercised the constitutional right to become a Home Rule municipality; and WHEREAS, the City of Wheat Ridge cherishes the principles of municipal autonomy enshrined in the Colorado Constitution and affirmed by the establishment of Home Rule authority; and WHEREAS, the ability of municipalities to govern themselves according to the needs and preferences of their residents is fundamental to the principles of democracy supported by the City of Wheat Ridge; and WHEREAS, the Colorado Legislature is currently considering and is anticipated to continue proposing legislation that threatens to undermine Home Rule authority and the principles of local control supported by the City; and WHEREAS, this legislation encroaches upon the rights and powers of local governments to enact or maintain ordinances, regulations, and policies that are tailored to address the unique challenges and opportunities faced by local communities; and WHEREAS, the imposition of state mandates and preemptions upon municipalities hinders the ability of the City of Wheat Ridge to effectively respond to the diverse needs and interests of our residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. The City of Wheat Ridge fundamentally opposes all legislation infringing upon the City’s Home Rule authority. 2. The City of Wheat Ridge authorizes its elected officials and staff to oppose all legislation infringing upon the City’s Home Rule authority. ATTACHMENT 1 3. The City of Wheat Ridge pledges to work collaboratively with other municipalities across the state to protect and defend Home Rule authority against any encroachments by state legislation. DONE AND RESOLVED this 25th day of March 2024 ATTEST: Steve Kirkpatrick, City Clerk Bud Starker, Mayor