HomeMy WebLinkAbout12-09-2024 - City Council Meeting AgendaAGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO December 9, 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
December 9, 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 December 9, 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
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES
Study Session Notes, November 18, 2024
City Council Meeting Minutes, November 25, 2024
APPROVAL OF AGENDA
PROCLAMATIONS AND CEREMONIES
Wheat Ridge 101 Graduation
Police Recruit Graduation
PUBLICS’ RIGHT TO SPEAK
a. Public may speak on any matter not on the agenda for a maximum of 3 minutes
under Publics’ Right to Speak. Please speak up to be heard when directed by
the Mayor.
b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record.
1.CONSENT AGENDA
a. Motion to amend a contract with HDR, Inc., for land acquisition services for the Ward Station Multi-Modal Improvement project, in the amount of $76,474.12 for a total contract amount of $370,143.27
b. Motion to amend a contract with HDR, Inc., for design support services for the Improve Wadsworth project, in the amount of $44,751 for a total contract amount of $403,992.79
c. Motion to award a contract and subsequent payments to Short Elliot Hendrickson, Inc., in an amount not to exceed $385,841 for professional design services for the Ward Station Multi-Modal project
d. Motion to award a contract and subsequent payments to AECOM Technical Services, Inc., in an amount not to exceed $1,272,034 for construction management services for
the Improve Wadsworth project
e. Motion to adopt the 2025 City Council Meeting calendar
f. Motion to approve the contract with Paycom for the HRIS system in the amount of $146,843
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 23-2024 – an ordinance amending Chapter 21 of the Wheat Ridge Code of Laws concerning work in the public right-of-way and licensing of municipal contractors
3. Council Bill No. 24-2024 – an ordinance amending Chapter 5 of the Wheat Ridge Code
of Laws concerning the registration and licensing of building contractors
4. Council Bill No. 25-2024 – an ordinance approving the sale of city-owned real property at the intersection of West 38th Avenue and Johnson Street and, in connection therewith, authorizing execution of a purchase and sale agreement
ORDINANCES ON FIRST READING
5. Council Bill No. 26-2024 – an ordinance approving an amendment to the existing
Planned Mixed-Use Development (PMUD) zoning at Clear Creek Crossing
6. Council Bill No. 27-2024 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning regulation of natural medicine services and healing centers
7. Council Bill No. 28-2024 – an ordinance approving an amendment to the Prospect Park
outline development plan for property located at 11600 W. 44th Avenue
DECISIONS, RESOLUTIONS, AND MOTIONS
8. Motion to approve installation of traffic calming devices on 41st Ave., Nelson Street,
Quay Street, and Teller Street, in accordance with the requirements of the
Neighborhood Traffic Management program
9. Resolution No. 51-2024 – a resolution amending the Fiscal Year 2024 2E budget in the amount of $9,404,727 to defease the 2017 bonds and transfer remaining funds to the Capital Improvement Program fund
10. Motion to accept the transfer of property from Mile High Flood District for a parcel of
property along Clear Creek on the west side of Kipling Street
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS
STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO (Hybrid - Virtual Meeting)
NOVEMBER 18, 2024
This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members of
Council were present in Council Chambers for this session.
The Mayor explained the virtual/hybrid meeting format, how residents will have the opportunity to be heard, and the procedures and policies to be followed.
1. Call to Order
Mayor Starker called the Special Study Session to order at 6:30 p.m.
2. Attendance
Council Members present: Jenny Snell, Rachel Hultin, Janeece Hoppe, Amanda
Weaver, Korey Stites, Dan Larson, Leah Dozeman and Scott Ohm.
Absent None.
Also present: City Manager Patrick Goff, Assistant City Manager Marianne Schilling,
Director of Public Works Maria D’Andrea, and Senior Deputy City Clerk Margy Greer.
3. Public’s Right to Speak
Tailor Tait – Works for Congress Member Brittany Petterson. He stated the office works
on federal benefits, IRS issues, and helping the constituents in the District. He
announced they are sponsoring a health and public resources fair to be held at the
Wheat Ridge Recreation Center on November 21st.
Joy Opp – Resident of Wheat Ridge – Thanked Council for reviewing the Residential
Waste Update. She stated she is on the Sustainability Committee. She spoke to her
experience with the Sustainable Neighborhood preferred waste hauler program. There
are over 100 neighbors in the program, which is 1/3 of the households. They selected
Summit and spoke in favor of Summit and their expanded services.
Sara Nepomuceno – Resident of Wheat Ridge – New member of the Sustainability
Wheat Ridge Committee. She stated the plan before Council includes expanding the
clean-up days and getting the community involved in eco-friendly planting.
Betsy Coppock – Resident of Wheat Ridge – Member of Sustainable Wheat Ridge.
She encouraged Council to act on the Plan before them tonight. She stated that
expanding the yard waste clean up days would be helpful as Wheat Ridge has lots of
trees. It is difficult to compost so many leaves. 123 households participated in the yard
cleanup/drop-off program at Anderson Park. There will five roll-offs available. She
would like to see the program expanded to include more weekends, permanent drop off
locations, improved communication, or curb side pickup.
Stew Stewart – Resident of Wheat Ridge – Member of Sustainable Wheat Ridge.
Thanked Council for considering residential waste hauling. Result of the public
engagement project was good and over half of the respondents are in favor of an
organized trash hauling. He stated the next steps proposed by City staff will be critical
in determining the future projects and programs.
4. Stormwater Master Plan Outcomes and Program Development
Director of Public Works Maria D’Andrea introduced Melissa Bryant, project manager
with RESPEC and Allen Lee with RESPEC, who oversaw the project. D’Andrea gave a
brief overview stating that the purpose is to talk about the outcomes and
recommendations of the draft Master Plan; recommended capital projects, regional
projects, system maintenance and repairs, planning and standards, and project and
program funding. She spoke about the stormwater runoff and snow melt and the
pollution of the waterways; natural environmental vs. urban environment regarding run
off/impervious surfaces; protection of structures and properties and people; and
deterioration of the natural environments. D’Andrea stated there are approx. 36 miles of
sewer pipe installed between 1940’s to 1970’s. The system is reaching its end of life
and needs major rehabilitation or repair. There has not been an overall program put
together for the entire stormwater system. She showed the Major Drainage Basins run
off; the Master Plan Development Process; the Stormwater Model Diagram; and the 5-
year, 25-year and 100-year storm event analysis.
D’Andrea showed the areas within Wheat Ridge where stormwater sewer work needed
to be accomplished and spoke to the Capital Projects slated to be undertaken which
would only be a portion of the work needed. In total there is over $32 million in work to
be done to the stormwater system. Ongoing maintenance and repair needs to be
budgeted as well.
Melissa Bryant spoke to the processes used in determining the infrastructure needs.
Council Comments
Council asked questions about prioritizing the work, the clean out of pipes, and the
replacement or repair of pipes. D’Andrea stated that the list of projects had not been
prioritized yet. Bryant stated that it is best to look at upcoming street projects as well to
coordinate efforts and save money.
Council Member Hoppe stated that she is in support of implementing a stormwater fee.
She stated she sees no other way to fund this other than cutting services to the
community, which she does not want to do.
Council Member Larson thanked staff and the contractor for the comprehensive
document presented to Council. He asked about setting up the utility and how it will
work in the future. He also asked specifically if Clearvale and Lena Gulch Projects are
separate studies under the Mile High Flood District and others are City only issues.
D’Andrea showed a chart that showed Capital projects Implementation which are city
only costs and is proposing a 10-year program to handle those issues. Mile High Flood
District is also working on the regional drainage projects which will be scheduled for a
10-year program as well.
Answering questions from Council, D’Andrea stated that the projects have not yet been
prioritized and there are many different factors which will be taken into account when
they are prioritized.
Council Member Dozeman stated that she is uncomfortable with a fee and feels like the
city has done a disservice to their constituents in letting it get to this place where the city
has not done its basic responsibility. She asked who would manage the fee and how
would it work. D’Andrea stated that would be part of the rate study and evaluation.
City Council reached a consensus to move forward with researching a stormwater
sewer utility fee and reporting back to Council.
5. Residential Waste Engagement Final Update and Recommendations
Assistant City Manager Marianne Schilling stated that the process of researching
residential waste haulers started about two years ago. She stated that the engagement
with the community was a priority for Council and tonight’s recommendations are
actionable.
Mary Hester, Sustainability Coordinator stated that the final update and
recommendation were based on all the community engagement which had taken place.
Tara Battelli presented the recommendations and asked for Council’s next steps on the
following five: 1) Expand on TLC Clean-up Day Programming and Other Annual Events,
2) Implement a Permanent Drop-off Site for Yard Waste and Specialized Materials for
Recycling, 3) Evaluate Seasonal yard Waste and Expanded Large Item Collection, 4)
Enhance Overall Marketing and Public Relations, and 5) Educate City and Stay
Engaged with the Extended Producer Responsibility Efforts.
Council Members discussed the five recommendations in detail and shared ideas for
expansion, but they were very specific about staff researching these areas while being
very cautious of budgetary needs. There was consensus to move forward with the
research and continued engagement with the community.
5. Staff Report(s)
City Manager Patrick Goff stated that the Clear Creek Maker’s Space received
community partnership award from the Jeffco EDC’s Gateway Awards. Membership
has increased and they are maxed out on space.
6. Elected Officials’ Report(s)
Council Members reported on various events they were involved with around the
community.
7. Adjournment
With no further business to come before Council, Mayor Starker adjourned the Study
Session at 9:14 p.m.
_________________________________
Margy Greer, Senior Deputy City Clerk
_________________________________
Korey Stites, Mayor Pro Tem
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING NOVEMBER 25, 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. 1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag.
3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Rachel Hultin, Amanda Weaver, Korey Stites, Janeece Hoppe, Dan Larson (via Zoom), and Leah Dozeman
Absent: None. A quorum was established. Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck; City
Attorney Gerald Dahl, Assistant City Manager Marianne Schilling, Director of Public Works Maria D’Andrea; City Clerk Margy Greer, and other staff, guests and interested members of the public. 4. Approval of Minutes
City Council Meeting Minutes, October 28, 2024 City Council Study Session Notes, October 28, 2024 Without objection or correction, the Notes were accepted as presented. 5. Approval of Agenda
Without objection or correction, the agenda stood as announced. 6. Proclamations and Ceremonies Mayor Starker proclaimed November 30th at Small Business Saturday in the City of Wheat Ridge, encouraging everyone to shop at local small businesses. Present to
accept the Proclamation were Dominic Breton, President of the Wheat Ridge Chamber of Commerce and Lowery Burnett with the Wheat Ridge Business Association. 7. Public’s Right to Speak
Wheat Ridge Speaks:
Item No. 1 - RESO - Budget Adoption
Posted by
Jordan Landgrebe
Nov 22, 2024 at 12:29pm
Address:
6615 W 45th Ave Wheat Ridge, 80033
Comment
A few comments on items contained in the annual budget: Housing Fund and
Development Policy Concerns The Wheat Ridge Housing Fund, while well-intentioned,
fails to address the root causes of rising housing costs and doesn't fully recognize the
limitations of a small municipality in influencing market forces. Many city actions,
including the housing fund itself, restrict the availability of market-rate housing through
development restrictions, zoning laws, and even rent control policies. By holding
receipts in the general fund, the housing fund acts as an additional tax on residents,
with funds that are essentially free for the city to spend at will. If the city does not intend
to use these funds in 2025, they should be returned to residents or businesses via a mill
levy reduction. The city should also consider whether maintaining dedicated housing
staff is necessary if there’s no clear plan to deploy these funds effectively. Roundabout
at 26th & Harlan and Infrastructure Priorities The proposed roundabout at 26th and
Harlan seems misaligned with the city’s priorities. For example, Wheat Ridge lacks
protected bike lanes and has made limited progress on its Bicycle and Pedestrian
Master Plan. Connecting key areas of the city for safe, non-vehicular travel should be a
higher priority, especially for residents with disabilities or limited mobility. Similarly, 44th
Avenue between Harlan and Wadsworth is a critical gap in the city's transportation
network. This area lacks connections to the new development on 38th Avenue and
makes it difficult for residents to move beyond their neighborhood by bike or foot. A
more integrated approach to multimodal transportation is necessary—particularly in the
38th Avenue corridor, which should be a focus of the city’s downtown revitalization
efforts. Sales Tax Decline and Economic Development The city’s flat or declining sales
tax revenue is a troubling indicator that Wheat Ridge is not making sufficient progress in
fostering economic growth. This stagnation is especially concerning when neighboring
cities, like Arvada, are actively developing and attracting investment. If Wheat Ridge
doesn't adopt a more aggressive development strategy, it risks falling behind. The
decline in sales tax revenue is a clear warning that the city is not doing enough to attract
new businesses, support existing ones, or develop in general. Status Quo and Vision for
the Future The city seems to be stuck in a pattern of preserving the status quo, driven
by a fear of upsetting residents who feel the city is fine now or better a decade ago.
While it’s understandable to value city character and culture, it’s clear more must be
done to move the city forward. Simply maintaining current policies without actively
pushing for improvement will not yield positive outcomes. There is a disconnect
between what the city council and staff say they want to achieve and what’s actually
being delivered. Wheat Ridge is missing opportunities for growth, and this inaction is
allowing surrounding communities to outpace the city in terms of development and
investment. The city cannot afford to continue on this path of complacency.
8. CONSENT AGENDA
None. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 9. Resolution No. 48-2024 – a resolution adopting the City budget and appropriating
sums of money to the various funds and spending agencies for the City of Wheat Ridge, Colorado for the 2025 budget year, establishing the 2J Next Chapter Bond fund in 2024 and other budget amendments Mayor Pro Tem Stites read the Resolution into the Record. Mayor Starker opened the
public hearing at 6:37 pm. City Manager Patrick Goff introduced the Budget into the Record and spoke about the 2025 Proposed Budget. He gave an overview of the last five year’s projects, programs, and associated expenditures.
Sections 10.7 and 10.9 of the Wheat Ridge City Charter require that a public hearing on the proposed budget be conducted before its final adoption and that the budget be adopted by resolution on or before the final day (December 15, 2024) established by state statute for the certification of the next year’s tax levy to the county.
The proposed 2025 budget includes the following: • A General Fund budget in the amount of $48,765,853 • An unrestricted fund balance of $8,312,000 or 17% of expenditures plus 3% emergency reserves ($1,462,976)
• Proposed CIP Fund in the amount of $12,443,000 • Proposed Renewal Wheat Ridge Bonds Project Fund in the amount of $13,560,000 • Proposed 2J Fund in the total amount of $12,829,361 • Special Revenue Funds in the amount of $8,027,596 • Proposed budget (all funds) in the amount of $95,625,810
Goff and Deputy City Manager Alli Scheck gave a PowerPoint presentation which spoke to the 2024 Original Budget vs. Estimated Budget and the proposed 2025 Budget. They spoke to the Fund Balances, the Total Proposed Budget, General Fund Budget, Projected Revenues and Expenditures, as well as the 2J Fund. Goff made
recommendations to balance the budget which included leaving all lodgers’ taxes generated from short-term rentals in the General Fund; leaving some vacant positions open, decreasing across the board travel and conferences, utilizing ARPA funds for general operating purposes, and reducing outside agency contributions. He then reviewed the outside agency contribution reductions with council.
Director of Public Works Maria D’Andrea gave a presentation on the Capital Improvement Programs, the 2J Fund, Open Space, and the Conservation Trust Fund. She presented a list of projects completed, yet to be completed, projects scheduled for
2J Fund use, the Renew Wheat Ridge Projects, stormwater projects, and the need to do
a utility rate study regarding stormwater. She stated that grant opportunities are always being pursued. Goff stated that while acquisition of school properties (Kullerstrand Elementary and
Wilmore Davis Elementary) is not budgeted, he had met with the school district and
have asked them to hold off on adding the school to their surplus list. He stated he hoped to be able to come back to Council with recommendations and options after budget is implemented next year. Scheck gave a wrap-up and overview of the Budget Resolution stating that the resolution establishes the 2J Next Chapter Bond Fund and authorizes spending in 2024; authorizes the General Fund portion of short-term rental lodgers’ tax to remain in the General Fund to be used for general operating expenditures in 2024 and 2025; and reduces the Renewal Wheat Ridge Bond Fund 2024 budget so that the budgeted ending fund balance is $0.00. Public Comment
None.
Council Comment Council Member Hultin asked about revenues from online sales. Scheck stated she
would get back to her on the question. Hultin asked carryover funds. Scheck explained
it goes back to the fund balance and is reappropriated each year. Mayor Starker asked about revenues from the Solar Garden. Goff explained that the solar garden had not been working for 1-2 years, but now that it back to normal, the City
is receiving credits.
Council Member Larson asked about stormwater repairs and how the priorities were determined. D’Andrea explained how the priorities are set and the funding for same. She also stated that some pipes would need to be replaced, while others may just need
cleaning, and others will need repairs. There is not enough money in the budget to do
all the stormwater work that needs to be done. Mayor Pro Tem Stites made a motion to approve Resolution No. 48-2024 – a resolution adopting the City budget and appropriating sums of money to the various funds and
spending agencies for the City of Wheat Ridge, Colorado for the 2025 budget year,
establishing the 2J Next Chapter Bond fund in 2024 and other budget amendments. It was seconded by Council Member Hoppe.
Council Member Hultin – thanked staff for working through a tough budget cycle and for protecting housing affordability fund and remaining competitive for grant funding, which may be sparse.
Vote: 8 Ayes. 0 Nays. The motion carried. ORDINANCES ON FIRST READING
10. Council Bill No. 23-2024 – an ordinance amending Chapter 21 of the Wheat Ridge
Code of Laws concerning work in the public right-of-way and licensing of municipal Contractors Council Member Dozeman read the Bill and Issue Statement into the Record.
Issue Chapter 21 of the city’s municipal code provides for construction and other work activities within or upon the public right-of-way while protecting the integrity of the roadway network and city-owned infrastructure. This ordinance adds or modifies
language to the municipal code to address various construction-related provisions and streamlines the licensing provisions. Public Comment None.
Council Member Dozeman made a motion to approve Council Bill No. 23-2024 – an ordinance amending Chapter 21 of the Wheat Ridge Code of Laws concerning work in the public right-of-way and licensing of municipal Contractors, on first reading, order it published, public hearing set for December 9, 2024, at 6:30 p.m. as a virtual meeting
and in Council Chambers, and will become effective January 1, 2025. It was seconded
by Council Member Ohm. Vote: 8 Ayes. 0 Nays. The motion carried.
11. Council Bill No. 24-2024 – an ordinance amending Chapter 5 of the Wheat Ridge
Code of Laws concerning the registration and licensing of building contractors Council Member Hoppe read the Bill Issue Statement into the Record.
Issue The City’s Community Development Department manages the licensing of building contractors. Currently there are 14 license categories and over 3400 active licenses. This ordinance simplifies the licensing framework.
Council Comment
Council Member Hoppe made a motion to approve Council Bill No. 24-2024 – an ordinance amending Chapter 5 of the Wheat Ridge Code of Laws concerning the
registration and licensing of building contractors, on first reading, order it published, public hearing set for December 9, 2024, at 6:30 p.m. as a virtual meeting and in Council Chambers, and will become effective January 1, 2025. It was seconded by
Council Member Dozeman.
Vote: 8 Ayes. 0 Nays. The motion carried. 12. Council Bill No. 25-2024 – an ordinance approving the sale of city-owned real
property at the intersection of West 38th Avenue and Johnson Street and, in connection
therewith, authorizing execution of a Purchase and Sale Agreement Council Member Weaver read Bill and Issue Statement into the Record.
Issue The City was approached by Kyle and Erin Ballew for a proposed retail development, DOP’s Sweet Spot, at the southwest corner of 38th Avenue and Johnson Street. The 29,810 square foot parcel is owned by the City of Wheat Ridge and was rezoned to Planned Commercial Development in 2008. Permitted uses on the subject property
include any land use allowed in the City’s Restricted Commercial zone district. This proposed retail use would be a permitted use. Only 25,378 square feet of the parcel would be sold and the remaining 4,432 would be retained by the City for regional drainage.
Section 16.5 of the City Charter states that “The City shall not sell or dispose of municipally owned buildings or real property for a public purpose, without first obtaining the approval, by ordinance, of three-fourths of the entire council.” Council Comment
Council Member Weaver made a motion to adopt Council Bill No. 25-2024 – an ordinance approving the sale of city-owned real property at the intersection of West 38th Avenue and Johnson Street and, in connection therewith, authorizing execution of a Purchase and Sale Agreement, on first reading, order it published, public hearing set for
December 9, 2024, at 6:30 p.m. as a virtual meeting and in Council Chambers, and will become effective January 1, 2025. It was seconded by Council Member Ohm. Vote: 8 Ayes. 0 Nays. The motion carried.
DECISIONS, RESOLUTIONS, AND MOTIONS 13. Resolution No. 49-2024 – a resolution levying general property taxes for the year 2024, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2025 budget year
Council Member Larson read the Resolution and Issue Statement into the Record.
Issue This resolution authorizes the levying of property taxes for the 2024 fiscal year to help defray the cost of government in 2025
Public Comment None. Council Comment
Council Member Larson made a motion to adopt Resolution No. 49-2024 – a resolution levying general property taxes for the year 2024, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2025 budget year. It was seconded by Mayor Pro Tem Stites.
Vote: 8 Ayes. 0 Nays. The motion carried. 14. Resolution No. 50-2024 – a resolution amending the 2015 Parks and Recreation Master Plan
Council Member Snell read the Resolution and Issue Statement into the Record. Issue The 2015 Parks and Recreation Master Plan was adopted by City Council on April 27, 2015. The Plan designates certain parcels in the City as park land. In 2008, City Council
approved an ordinance rezoning the property which is now Discovery Park. The Outline Development Plan included a condition that up to 36,000 square feet of the northern portion of the site may be used for commercial uses. However, the park land designation on this portion of the site was not removed. This resolution will amend the 2015 Parks and Recreation Master Plan to remove the park land designation from this
remanent parcel. City Manager Patrick Goff gave a brief description of the remnant parcel of Discovery Park which he stated was mistakenly shown as park land in the Parks and Recreation Master Plan, as it should have been zoned commercial. He stated it is the piece of
property at 38th and Johnson, which Council just voted on the Purchase and Sale Agreement. He stated that a super majority vote will be needed by Council in order for the Resolution to pass. Public Comment
None. Council Comment Council Member Snell made a motion to approve Resolution No. 50-2024 – a resolution amending the 2015 Parks and Recreation Master Plan. It was seconded by Council
Member Ohm.
Vote: 8 Ayes. 0 Nays. The motion carried.
15. Motion to approve the contract with OpenGov for the financial system in the amount of $424,070
Council Member Hultin read the Motion and Issue Statement into the Record. Issue Over the course of the last three years, the City has evaluated its systems and business
processes in order to streamline and modernize essential organizational functions. The
City has selected five systems to drive efficiency and modernize business practices across the enterprise. The third system to be purchased and implemented is OpenGov Financials which will modernize financial practices and improve budgeting and procurement processes.
City Manager gave his thanks for City staff, as it was a huge lift for them. Deputy City Manager Alli Sheck stated it is part of the System Transformation Project, which was Council’s direction to improve permitting and licensing. She gave a
PowerPoint presentation which spoke to all five systems. The first two systems to go
live are Permitting and Tax & Licensing. Staff is just beginning to be trained on the system and involves several employees. She spoke to the future HRIS, Finance, and Court Systems.
Public Comment
None. Council Comment Council Member Larson spoke to the ongoing annual cost of the system. Over three
years, the City will be spending almost $700,000. He stated the transparency built into
the system will help with public trust and the interactive approach is a great feature. Scheck explained that there should be no other costs in those future years. She said the biggest lift is the implementation of the system which takes approximately 15 months. The software and service costs of $120,000+ each year will be budgeted. She
stated that staff will continue to try to secure grant funding for these type of projects and
has already procured about half a million dollars. Council Member Hultin made a motion to approve the contract with OpenGov for the financial system in the amount of $424,070. It was seconded by Mayor Pro Tem Stites.
Vote: 8 Ayes. 0 Nays. The motion carried. 16. City Manager’s Matters Deputy City Clerk Alli Scheck stated that the Code states that a Board of Commission
member who moves out of their district has to resign their seat. Staff does not believe
that was the intent of Council. Since members are appointed to fill an out-of-district seat, staff believes it was the intent of Council to have them remain in that out-of-district
seat until the term ends. She asked for direction from City Council. Council gave consensus to move forward with amending the Code as stated. Policy will also include that we ask members to keep their address on file updated.
17. City Attorney’s Matters None. 18. Elected Official’s Matters
Mayor and City Council Members gave updates on their attendance at various
meetings, events, and happenings around Wheat Ridge. They wished the residents a Happy Thanksgiving. 19. Adjournment
There being no further business to come before City Council, Mayor Starker adjourned
the meeting at 7:55 pm. _________________________________
Margy Greer, Sr. Deputy City Clerk
_________________________________
Bud Starker, Mayor
ITEM NO: 1a
DATE: December 9, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AMEND A CONTRACT WITH HDR, INC., FOR
LAND ACQUISITION SERVICES FOR THE WARD STATION MULTI-MODAL IMPROVEMENT PROJECT, IN THE AMOUNT OF $76,474.12 FOR A TOTAL CONTRACT AMOUNT OF $370,143.27 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Director of Public Works City Manager ISSUE:
Additional services are needed from HDR, Inc., to complete the valuation and acquisition negotiation for various land parcels needed to construct the Ward Station Multi-Modal Improvements project. PRIOR ACTION:
The City Council awarded a contract to HDR on June 24, 2019, for $118,647.00 to conduct property acquisition services for the project. The contract was suspended in 2020. On January 24, 2022, the City Council approved a contract for $116,710.31, with a modified scope of services, to re-start the work on this project. On November 14, 2022, an amendment, in the
amount of $58,311.84, was approved to cover additional items resulting from the inclusion of federal funds being used for the project.
Council Action Form – Ward Multi-Modal Project HDR Contract Amendment #3 December 9, 2024
Page 2
FINANCIAL IMPACT: The proposed amendment for HDR’s land acquisition services is $76,474.12 for the Ward Station
Multi-Modal Project. Funds are available in the 2025 Renewal Wheat Ridge Bond Projects Fund
for this proposed amendment.
Amount
Original Land Acquisition Contract $118,647.00
Contract Amendment #1 $116,710.31
Contract Amendment #2 $58,311.84
Total (approved to date) $293,669.15
Contract Amendment #3 (recommended addition) $76,474.12 Total (with proposed amendment) $370,143.27
BACKGROUND: The city is completing construction plans to build a pedestrian bridge over the RTD rail tracks near the Ward Station along with a multi-use trail from the south end of the bridge to the I-70 frontage road. To construct this project, it is necessary to acquire portions of private property from landowners. In total, property from fourteen (14) separate parcels must be acquired which includes
nine (9) right-of-way parcels, seven (7) permanent easements, and seven (7) temporary easements. Also, a portion of the existing right-of-way, currently owned by the City of Wheat Ridge, is proposed to be vacated to an adjacent property owner to reduce impacts to the acquisition of a portion of that property owner’s land. Since there are federal funds involved in the project, the city is obligated to comply with the policies and provisions of the Uniform Relocation Assistance Act
process for land acquisition. HDR was contracted to perform property acquisition services for this project in 2019. That contract was suspended in 2020 to divert funding to the Clear Creek Crossing hook ramp project. The Ward Station Multi-Modal Project resumed in 2022 with two amendments to the original contract to
account for additional work. A third amendment to the contract with HDR is needed to complete valuation and acquisition negotiation for the various land parcels and easements. Staff anticipates that with this amendment all land acquisition work will be completed for this project. RECOMMENDATION:
Staff recommends amending the contract for land acquisition services for the Ward Station Multi-Modal Project, with HDR, Inc. in the amount of $76,474.12. RECOMMENDED MOTION: “I move to amend the land acquisition services contract with HDR, Inc., for the Ward Station
Multi-Modal Improvement Project, in the amount of $76,474.12 for a total contract amount of $370,143.27.”
or,
Council Action Form – Ward Multi-Modal Project HDR Contract Amendment #3 December 9, 2024
Page 3
“I move to deny amending the land acquisition services contract with HDR, Inc., for the following reason(s): _____________________.”
REPORT PREPARED/REVIEWED BY: Daniel Martinez, Infrastructure Project Manager Kent Kisselman, CIP Program Manager Maria D’Andrea, Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS: 1. HDR Contract Amendment #3
CITY OF WHEAT RIDGE AMENDMENT TO Wheat Ridge Ward Station Professional Consulting Services AGREEMENT AMENDMENT #4, Date: December 10, 2024 Pursuant to the original contract with HDR Engineering Inc., 1670 Broadway, Suite 3400, Denver, CO 80202, regarding professional consulting services, the City hereby authorizes the amendment to the contract as follows: 1. Article 1- Scope of Work: a. The originally agreed upon scope of work remains in effect, this amendment seeks to add the following tasks: i. Continued Right of Way (ROW) Project Management, Meetings, and Coordination ii. Valuation – Appraisals and waiver valuations, as allowed will be prepared for the acquisitions from each ownership. CDOT will conduct appraisal reviews of each appraisal and issue the
required Fair Market Value (FMV). iii. Acquisition Negotiation for Non-Rail Landowners – Negotiations with these landowners to acquire ROW parcels. iv. Closings for Non-Rail Landowners – a subconsultant title company will conduct closings for permanent acquisitions with consensual agreements. HDR will conduct losings for temporary easement only parcels.
v. Acquisition Negotiation for Easment(s), Other Real Estate Agreements, and Coordination with Construction and Maintenance Agreements with BNSF and RTD. 2. Article 2- Term a. Work is in progress and is expected to continue through the first quarter of 2025.
3. Article 3- Compensation: a. This amendment will not exceed $76,474.12
b. The new project total not to exceed is: $370,143.27. 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 ______________________________________ __________ Kent Kisselman, CIP Manager Date Signed ______________________________________ __________ Maria D’Andrea, Director of Public Works Date Signed ATTACHMENT 1
In Witness whereof, the parties hereto have executed or caused to be executed by their duly authorized officials, this Amendment in two (2) copies, each of which shall be deemed an original on the date first written. “CITY” “CONTRACTOR”
City of Wheat Ridge HDR Engineering, Inc. 7500 West 29th Avenue 1670 Broadway Wheat Ridge, CO 80033 Denver, CO 80202 By: By:
________________________________ ___________________________ Patrick Goff, City Manager Authorized Signature ________________________________ ___________________________ Date Date
___________________________ Title ___________________________
Full Name
ITEM NO: 1b
DATE: December 9, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AMEND A CONTRACT WITH HDR, INC., FOR
DESIGN SUPPORT SERVICES FOR THE IMPROVE
WADSWORTH PROJECT, IN THE AMOUNT OF $44,751
FOR A TOTAL CONTRACT AMOUNT OF $403,992.79 PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Director of Public Works City Manager ISSUE: On-going design support services are needed from the design engineer, HDR, Inc., through the
remainder of the construction phase for the Improve Wadsworth project.
PRIOR ACTION: HDR, Inc. was hired by the city to design the project and prepare the plans and associated documents for construction. A separate contract with HDR, Inc. was approved by the City Council
on February 22, 2021, to assist in the bidding process and provide design assistance during
construction for the original scope of the construction contract - 41st Avenue to I-70. On July 10, 2023, the City Council approved an amendment to this contract due to adding work to the construction contract between 35th and 41st Avenues to the construction contract. On July 22,
2024, a second amendment was approved due to additional, required design services support.
FINANCIAL IMPACT: The proposed amendment for HDR’s services is $44,751 to provide design support for the remainder of the Improve Wadsworth project through 2025. Costs for design support during
Council Action Form – Improve Wadsworth Project HDR Contract Amendment #3 December 9, 2024
Page 2
construction are included in the overall budget for the project in the Capital Improvement Program (CIP) fund. The 2024 & 2025 budgets include adequate funding for this proposed amendment.
Amount Original Design Support Services Contract $90,413.93
Contract Amendment #1 $148,827.86
Contract Amendment #2 $120,000.00
Total (approved to date) $359,241.79
Contract Amendment #3 (recommended addition) $44,751.00
Total (with proposed amendment) $403,992.79
BACKGROUND: HDR has primarily been providing responses and solutions to design-related questions that have
arisen during the construction phase of the project. This has been handled both through a formal Request For Information (RFI) process and informally as issues have arisen. HDR’s original design support services contract was prepared before the construction contract was awarded to Concrete Works of Colorado, Inc. and covered the construction assistance that was
anticipated for just the base bid of the construction contract, (41st Avenue to I-70). Due to the addition of the bid alternates and the additional construction work to 35th Avenue, as well as more design assistance than originally anticipated, an amendment to the contract with HDR, in the amount of $44,751 is requested. The intent is that this will be the final amendment and will cover all needed services through the end of the project.
RECOMMENDATION: Staff recommends amending the contract for engineering consulting services to support the Improve Wadsworth project, with HDR, Inc. in the amount of $44,751. RECOMMENDED MOTION: “I move to amend a contract with HDR, Inc. for design support services for the Improve Wadsworth project in the amount of $44,751 for a total contract amount of $403,992.79.”
or,
“I move to deny amending contract with HDR, Inc. for design support services for the following reason(s): __________________.”
REPORT PREPARED/REVIEWED BY: Daniel Martinez, Infrastructure Project Manager Kent Kisselman, CIP Program Manager Maria D’Andrea, Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS:
1. HDR Contract Amendment #3
CITY OF WHEAT RIDGE AMENDMENT TO Wadsworth Improvement Property Acquisition Services AGREEMENT JN-18-08
AMENDMENT #3, Date: December 10, 2024
Pursuant to the original contract with HDR Engineering Inc., 1670 Broadway, Suite 3400, Denver, CO 80202, regarding
professional right of way (ROW) acquisition services, the City hereby authorizes the amendment to the contract as follows:
1. Article 1- Scope of Work:
a. This amendment will allow for continued design support for the Wadsworth Improvement Project. 2. Article 2- Term a. This work is in progress and will be in effect for the duration of 2025.
3. Article 3- Compensation: a. This continued design support will not exceed a cost of $44,751.
b. The new project not-to-exceed total is $403,992.79.
In Witness whereof, the parties hereto have executed or caused to be executed by their duly authorized officials, this Amendment in two (2) copies, each of which shall be deemed an original on the date first written.
“CITY” “CONTRACTOR” City of Wheat Ridge HDR Engineering, Inc. 7500 West 29th Avenue 1670 Broadway, Suite 3400 Wheat Ridge, CO 80033 Denver, CO 80202
By: By:
________________________________ ___________________________
Patrick Goff, City Manager Authorized Signature
________________________________ ___________________________ Date Date
___________________________
Title
___________________________ Print or Type Name
ATTACHMENT 1
ITEM NO: 1c
DATE: December 9, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT AND SUBSEQUENT
PAYMENTS TO SHORT ELLIOT HENDRICKSON, INC., IN AN AMOUNT NOT TO EXCEED $385,841 FOR PROFESISONAL DESIGN SERVICES FOR THE WARD STATION MULTI-MODAL PROJECT 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 design plans and associated documents for the Ward Station Multi-Modal Project are approximately 90% complete. Due to on-going coordination issues with various agencies, it is necessary to approve a contract with Short-Elliot-Hendrickson, Inc. (SEH) for professional design services to complete the design of this project.
PRIOR ACTION: The City Council awarded a contract to SEH on June 24, 2019, for $555,877.41 to complete the design for this project. That contract was suspended in 2020 to divert funds to other projects. On January 24, 2022, the City Council awarded a contract amendment to SEH to restart the work on this project. Subsequently, various amendments were approved to the contract totaling
$1,262,858.19 for design services to date. FINANCIAL IMPACT: The proposed amendment for SEH’s professional design services is $385,841 for this project. Funds are available in the 2025 Renewal Wheat Ridge Bond Projects Fund for this proposed
amendment.
Council Action Form – SEH Contract Amendment December 9, 2024
Page 2
Amount
SEH Design Costs (to date) $1,262,858.19
Proposed Design Contract $385,841.00
Total Design Costs (with proposed contract) $1,648,699.19
The Denver Regional Council of Governments (DRCOG) awarded a Transportation Improvement Program (TIP) grant for construction in the amount of $8.3M in August 2023. This federal allocation will fund approximately 60% of the estimated $13.5M in construction costs. Bond funding is being used for the remainder (40%) of the estimated construction costs as well as the
environmental analysis, design, and land acquisition phases of the project.
BACKGROUND: The Ward Station Multi-Modal Project consists of design and construction of a pedestrian bridge, plazas, and a trail in the RTD Ward Station area. A significant amount of coordination is required with other agencies for this project including the Regional Transportation District (RTD), the
Colorado Department of Transportation (CDOT), the Colorado Public Utilities Commission (PUC), the Burlington Northern-Santa Fe Railroad (BNSF), and the Juchem Ditch. With this new contract, the intent is to complete the construction plans and associated documents and advertise the project for construction. Additional tasks, which were not contemplated in the
original scope, have been identified which need to be completed to complete the plans. The major items relate to additional requirements from RTD including:
• Re-design of the bridge elevator sump pit;
• Revision of the type of pedestrian bridge piers to address vibration concerns;
• Addition of a separate, stand alone, elevator control room;
• Addition of a heating/ventilation/air conditioning (HVAC) cooling system; and
• Addition of a fire alarm system to the bridge.
Several additional items were also noted by other entities which will be included in the design including:
• Structural design calculations for CDOT review & approval;
• Extending the trail irrigation system;
• Additional anti-graffiti treatment to the trail walls; and
• An additional security camera on the north pedestrian bridge abutment.
Several of the items listed above were authorized by the previous Project Manager and have already been completed. The contract also includes schedule extension costs related to project management, periodic project
meetings, etc.
Council Action Form – SEH Contract Amendment December 9, 2024
Page 3
Project Design Schedule The city has incurred an initial “project strike” from DRCOG for failing to meet the deadline for
advertising the project for construction by October 1, 2024. Staff has contacted RTD to reiterate
the need for timely and comprehensive reviews so that neither the project schedule nor the budget is jeopardized. The next DRCOG deadline is June 30, 2025, to advertise the project for bids. Staff worked with SEH and are proposing the following schedule to meet the June 30, 2025,
deadline and avoid a second “strike” and the possibility of losing the TIP grant:
Task Deadline
Completion of final documents for city & agency review January 31, 2025
Agency permitting approvals February 28, 2025
CDOT Clearance to Proceed to Advertise March 31, 2025
These dates are highly dependent on receiving timely agency review and feedback. Further
revision of the schedule will be necessary once final outside agency comments and direction is provided. RECOMMENDATION:
Staff recommends approving a professional design services contract with SEH in the amount of $385,841 to complete the construction plans and related documents for the Ward Station Multi-Modal Project. RECOMMENDED MOTION:
“I move to award a contract and subsequent payments to Short Elliot Hendrickson, Inc., in an amount not to exceed $385,841 for professional design services for the Ward Station Multi-Modal Project.”
or,
“I move to deny the professional design services contract with Short Elliot Hendrickson, Inc., for project for the following reason(s) ___________________.” REPORT PREPARED/REVIEWED BY:
Daniel Martinez, Infrastructure Project Manager
Kent Kisselman, CIP Program Manager Maria D’Andrea, Director of Public Works Patrick Goff, City Manager
ATTACHMENTS:
1. SEH Contract
Ward Station Area Design Services
Contract #24-166
THIS AGREEMENT made this 10th day of December 2024, by and between the City of Wheat Ridge, Colorado,
hereinafter referred to as the “City” or “Owner” and Short Elliott Hendrickson Inc., 2000 S. Colorado Blvd.,
Ste. 6000, Colorado Center Tower One, Denver, CO 80222, 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 the Contractor’s proposal (Attachment A), the originally requested Scope of Work (Attachment
B), and original contract (Attachment C) incorporated herein by reference.
The Contractor agrees to complete the plans and specifications for the Ward Station Transit Oriented
Development (TOD) Area Multimodal Project to minimally include the following:
•Redesign of the RTD site elevator sump pit
•Revision of the pedestrian bridge piers from driven pile to caisson per RTD requirements
•Addition of separate, stand alone, elevator control room
•Additional of HVAC cooling system
•Extend the trail irrigation system
•Additional anti-graffiti treatment to trail walls
•Fire alarm system design
•Additional security features included
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 and current proposal dated November 22, 2024, 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
•Pricing remains firm for the renewal period.
This agreement is intended to complete the design for the Ward Station TOD Area and will not be amended to
include other areas.
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 three hundred eighty-five thousand, eight
hundred forty-one dollars, ($385,841) as full payment for such services.
ATTACHMENT 1
The City operates on a calendar year as its fiscal year; as such, all invoices must be received no later than
December 19, 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 Section 2-3 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 and expressly incorporated
herein.
ARTICLE 4 – NO DAMAGES FOR DELAY
Pursuant to Section 2-4 of the Code of Laws, Contractor agrees to waive, release or extinguish its right to recover
costs or damages, or obtain an equitable adjustment, for delays in performing this contract if such delay is
caused in whole or in part by acts or omissions of the City or its agents, provided however an extension of time is
the Contractor’s remedy for such delay.
ARTICLE 5 – Reserved.
ARTICLE 6 - 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 7 – 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 8 – 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
Comprehensive Automotive Liability
(owned, hired, and non-owned vehicles)
• Bodily Injury
• Property Damage
$2 million per occurrence
$2 million per occurrence
Errors and Omissions $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.
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 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 9 – 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, acts, omissions, performance or
failure of the Contractor to provide services pursuant to the terms of this agreement.
ARTICLE 10 – 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 11 – 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 12 – 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 13 – 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 14 – NOTICES
Contact Information City Contractor
Name: Daniel Martinez Scott Jardine
Office Phone: 303-235-2863 303-345-1817
Email Address: dmartinez@ci.wheatridge.co.us sjardine@sehinc.com
Address: 7500 W 29th Ave. 2000 S. Colorado Blvd. Ste. 6000
City, State, Zip Code Wheat Ridge, CO 80033 Denver, CO 80222
ARTICLE 15 – 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 16 – 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 17 – 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 18 - DISADVANTAGED BUSINESS ENTERPRISES
Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated
against on the grounds of race, color or national origin in consideration for an award. Contractors 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 19 – OWNERSHIP OF CONTRACT PRODUCTS
All products produced from the awarded contract shall be the sole property of the City.
ARTICLE 20 – PERSONALLY IDENTIFIABLE INFORMATION (PII) AND OPEN RECORDS ACT
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. Contractor acknowledges that the City is subject to the provisions of the Colorado Open Records
Act, CRS 24-72-201, et seq., (“The Act”) and that all documents, correspondence, email messages and other
communications between the Contractor and the City are subject to public disclosure under the provisions of
that Act, with limited exceptions for proprietary information, business secrets, and similar information.
Contractor shall identify all proprietary and confidential information on the document or communication itself.
In the event the City receives a request for disclosure of such information under the Act, Contractor agrees to
indemnify the City against any attorney fees and court costs incurred by the City in defending its refusal to
disclose such information.
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 – Reserved.
ARTICLE 23 - CONTRACTOR PERFORMANCE FEEDBACK
The City of Wheat Ridge has implemented a requirement for Project Managers to assess each Contractor’s
performance and issue a determination as to whether the City should award the Contractor 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
______________________________________ __________
Daniel Martinez, Infrastructure Project Manager Date Signed
______________________________________ __________
Maria D’Andrea, Director of Public Works 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
MARGY GREER, SENIOR DEPUTY CITY CLERK WHEAT RIDGE, CO 80033
303-234-5900
DATE
Patrick Goff, City Manager
(Seal) CONTRACTOR
Short Elliott Hendrickson, Inc.
APPROVED AS TO FORM: 2000 S. Colorado Blvd. Ste. 6000
Colorado Center Tower One
Denver, CO 80222
GERALD DAHL, CITY ATTORNEY
AUTHORIZED SIGNATURE
ATTEST TO CONTRACTOR:
PRINTED NAME
NAME
TITLE
TITLE
DATE
DATE
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 2000 South Colorado Boulevard, Suite 6000, Colorado Center Tower One, Denver, CO 80222-7938
SEH is an equal opportunity employer | www.sehinc.com | 720.540.6800 | 800.490.4966 | 888.908.8166 fax
November 22, 2024 RE: Task Order for Cost to Complete for Ward Station Area Projects, PEDESTRIAN
BRIDGE, PLAZA AND MUTI-USE TRAIL DESIGN SERVICES Wheat Ridge, Colorado
Mr. Kent Kisselman, P.E. CIP Manager City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 kkisselman@ci.wheatridge.co.us
Dear Kent:
This letter provides SEH’s revised proposal for requested services to complete tasks related to the Ward
Station Area Project - Pedestrian Bridge, Plaza and Multi-Use Trail design services.
PROJECT UNDERSTANDING SEH previously completed the FIR package submittal and received comments from Outside Agencies in
January of 2024. Upon receiving comments from CDOT, but having trouble obtaining comments from other Agencies, it was apparent to the City and SEH that the efficient progression of the design and the project deliverables and maintenance of the project schedule would be impacted by this intermittent
receipt of information.
The City asked the SEH design team to move forward with partial Outside Agency direction to prepare and complete the CDOT FOR submittal. The City and SEH both understood that moving forward would
raise the possibility of a non-linear design and deliverable progression. The City preferred that approach to try to maintain the project schedule as best we could, hoping that delayed Agency review responses would not significantly impact the design approach or deliverable production. SEH complied with that
request and has done its best to push Agencies for outstanding information and minimize rework.
To date, CDOT has received FOR plans and provided comment responses for direction. BNSF’s subconsulting review engineer has provided limited FOR package responses, however more comments may be forthcoming, and a separate Utility Permit review comments and approval remain outstanding. RTD has provided some requested reference information but has yet to respond to SEH’s grounding and bonding questions provided to them in June of 2023. Furthermore, we continue to await RTD to schedule a meeting with the Traction Electrification department to answer our design questions and provide guidance on what they want the design to address in terms of a Grounding and Bonding Study and related
project pedestrian bridge electrical plans. We have received preliminary PUC FOR plan approval, but final approval will come with final plans. We have addressed all known Utility Provider concerns, outside of a final pothole requested by Valley Water. To date the Juchem Ditch Company have been engaged in
preliminary discussion on their acceptance of the multi-use trail over their facilities but continue to negotiate other changes that would suit their future maintenance efforts. The SEH Team has sent FOR plans for their review, but SEH has not yet received review comments.
Attachment A
Ward Station Area Projects Task Order Cost to Complete – PEDESTRIAN BRIDGE, PLAZA AND MULTIUSE TRAIL DESIGN SERVICES Wheat Ridge, Colorado November 22, 2024 Page 2
Short Elliott Hendrickson, Inc.
SEH previously made the City aware of our additional scope efforts. The City and SEH had hoped that fresh direction from various Agencies would be coming and their direction would provide clarity on requested additional services, but we’ve had limited success in completing that pursuit. SEH has, in good faith, maintained responsiveness and progressed resolution of outstanding issues and the design to maintain the schedule. This request aims to capture the additional scope of services both incurred to date
as well as those remaining to be addressed.
Cost to Complete Scope of Service items include:
• Trail Wall Alternatives Evaluation, Cost estimates and Report, per City request.
• Redesign of the RTD site elevator sump pit sanitary sewer discharge to include a sanitary main
line extension and mechanical room sanitary sewer service connection, per new Fruitdale
sanitation district direction. Prepared District notes, plan and details. The design was further
revised to remove the main line extension and service connection to outfall the service to a private manhole, per a negotiated outcome between the District and City on intended use. Plans,
details and specs updated.
• Additional Juchem Ditch Co pipe lowering design, plan and profile exhibit preparation, inverted siphon hydraulic calculations, and field survey, per Juchem and City request.
• Revision of pedestrian bridge piers from driven pile to caisson design, per RTD requirements to
address vibration concerns, as agreed by City.
• Revision of pedestrian bridge piers to hammerhead design with calculation revisions to minimize impacts to RTD’s secure communications area.
• Addition of W. 49th Pl. private property automatic driveway fence gate relocation, due to
installation during design. Services included site investigation, supplemental field survey, revised
demo plan, revised site plan and details for an automatic gate to be reset with the project work,
per City request.
• Addition of separate, stand alone, elevator control rooms added at both elevators, per updated
requirements.
• Addition of a HVAC cooling system design, plans, details and specs to the elevator shaft at both
elevators, per elevator specialist recommendation related to changes in best practices since
project initiation and scoping.
• Extended the trail irrigation system to cover the entire hillside slope, per a revised ROW
acquisition approach. Updated design, plans, specs and cost estimate.
• Addition of anti-graffiti treatment to the trail walls, per City request. Research and updates to
plans, specs and cost estimate.
• Addition of a ped bridge roof hatch and pull-down access ladder for ped bridge roof maintenance
and access, per City request.
• Addition of fire alarm system design, per recommendation by elevator specialist.
• Addition of bike rail to Trail stairs, per City request. Included product and Buy America research,
plan, details, specs, estimates.
• Addition of additional security camera and conduit on N end of Ped Bridge abutment, per City
request.
• Request by City to use specialty Verkada CCTV Comm closed loop system and design
integration with emergency comm system for Blue Light and elevators. Additional coordination
with City and Vendors trouble shooting system integration design, and Const. Services
anticipated RFI and materials review.
Ward Station Area Projects Task Order Cost to Complete – PEDESTRIAN BRIDGE, PLAZA AND MULTIUSE TRAIL DESIGN SERVICES Wheat Ridge, Colorado November 22, 2024 Page 3
Short Elliott Hendrickson, Inc.
• Addition of ROW/PE/TE plan exhibits preparation, QC of iterative versions of the CDOT ROW
plans, exhibits and legals provided by Precision Engineering and coordination calls with City,
Precision, and HDR to assist in appropriate coverages and plans and exhibits edits, per City request.
• Addition of preparing a Pedestrian Bridge Safety & Security Management Plan (SSMP) per RTD
request.
• Removal of W 49th Pl cul-de-sac island, per City request.
• Addition of a utility pothole and field survey of location and depth, per Valley Water District and
City request.
• Addition of Juchem Ditch maintenance access road, per Juchem request. Includes site visit to confirm the feasibility of an 8-foot gravel access road from Nicholas Gardens Tract 6 to the
existing Juchem irrigation ditch headwall. SEH will revise the retaining wall profile to raise the
wall to provide a suitable access road longitudinal and cross-slope for a mini-excavator to reach
their headwall facilities. The structural design will modify the current design to extend the caisson wall section by one caisson and reduce the soil nail wall by the same length. SEH will
add plan notes and details for the access road, a new culvert to cross the shallow irrigation ditch
along the property line and a simple gate in the 3-wire fence. Quantities and specifications will be revised to incorporate this work.
• Revision of Pedestrian Bridge building specifications following CDOT style format rather than
the planned AIA MasterSpec format.
• Additional project management and administration for project timeline extension, including subconsultant management, invoicing, status meetings and project coordination with the City.
Timeline extension adds 13 additional months since the last contract amendment.
This request also includes the following schedule extension-based additional cost-to-complete project tasks and requested milestone submittals:
• Project management, including sub consultant management and admin, coordination with City of Wheat Ridge, affected agencies and stakeholders.
• Monthly meetings with City (one meeting/month thru design & every other month in Bidding), as needed.
• Completion of structural design calculations for CDOT review and approval. These were previously excluded from final design as the structure had not been determined.
• Prepare and submit draft 100% Construction Documents for City and AECOM review*.
• Address and respond to draft 100% Construction Documents City and AECOM review comments*.
• Prepare and submit 100% Construction Documents for Outside Agency review*.
• Address and respond to 100% Construction Documents Outside Agency approval*.
• Finalize TVA, PHA and SSMP plans for RTD approval.*
• Prepare a draft and final Grounding and Bonding Study for RTD.*
• Finalize permitting assistance for approvals.*
• Finalize Utility and Environmental clearances.*
• Development of construction schedule per request from City. *Noted items are for additional or specific changes only. The hours do not include time for previously planned work.
Ward Station Area Projects Task Order Cost to Complete – PEDESTRIAN BRIDGE, PLAZA AND MULTIUSE TRAIL DESIGN SERVICES Wheat Ridge, Colorado November 22, 2024 Page 4
Short Elliott Hendrickson, Inc.
Please see the Fee spreadsheet for additional detail. ASSUMPTIONS AND EXCLUSIONS
1. Construction Phase services have been de-scoped at this time, per the City’s request. 2. Post-construction services have been de-scoped at this time, per the City’s request.
3. Grounding and Bonding Study and preparation electrical plans relating to the Ped Bridge over the OCS Catenary system have been estimated based on professional experience but limited information from RTD. Upon meeting with RTD and getting further direction, an additional amendment is
possible.
Note: If a scope item is not explicitly included, it is explicitly excluded.
SCHEDULE
The City provided an updated schedule for the project, dated August 5, 2024, including the milestones listed below. The schedule has been updated to reflect a restart date of December 16, 2024. Achieving the milestones is dependent on receiving timely Agency review feedback. As noted below, further revision will be necessary once final outside agency comments and direction is provided and design is completed.* As outlined in the City’s latest project schedule, the following milestones are currently factored into the fee estimate:
Completion of final 100%/Bid Package for City and Agency review January 31, 2025*
Agency Permitting Approvals (PUC, BNSF, RTD, DTO, Utilities) February 28, 2025
CDOT Clearances March 21, 2025**
Advertise to Bid March 28, 2025
Bid Opening April 25, 2025
*Note: Outside Agency review is still underway. The project schedule will need to be updated when additional information is available.
**If Agency permitting could be completed concurrently with CDOT that review period of 3 weeks could potentially be eliminated.
Ward Station Area Projects Task Order Cost to Complete – PEDESTRIAN BRIDGE, PLAZA AND MULTIUSE TRAIL DESIGN SERVICES Wheat Ridge, Colorado November 22, 2024 Page 5
Short Elliott Hendrickson, Inc.
FEE ESTIMATE
The total, Not-to-Exceed additional services fee for this task, including the Ascent estimate of $50,000, is $385,841. Without the Ascent estimate the total is $335,841.
Unbilled Costs $187,924.00
Add Services to Complete $183,010.00
Total Base SEH & Subs $370,934.00
Ascent Subconsultant $ 50,000.00
De-scope of Construction Admin
and Close Out from 2021 C2C $ (35,093.00)
Total w/ Ascent Estimate $385,841.00
Attached Exhibit A tabulates the SEH Team’s unbilled costs to date. That amount is $187,924.
Also attached is Exhibit B, the additional services cost-to-complete estimate fee of $183,010, which utilizes current 2024 “Cost Rates” and a Fixed Fee of 10% on labor. Unit rates for subconsultants will be provided with invoicing.
All terms and conditions of the original contract task order remain in force. SEH is prepared to move forward and ensure a seamless continuation of services.
Please call Scott Jardine at 720.540.6850 with any questions.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Scott Jardine, PE, LEED AP Erica Olsen, PE
Project Manager Principal (Lic. CO) (Lic. CO)
Attachments:
Exhibit A – Unbilled Fee Tally
Exhibit B – Add Services Cost-to-complete Fee
Exhibit C – Ascent Signal scope and fee letter (SEH has made additional fee adjustment buffer to account
for limited direction from RTD to this point)
p:\uz\w\whtrd\151720\1-genl\10-setup-cont\03-proposal\amend #5 - add services & c2c\letter\20241122-ward station ped bridge plaza trail c2c scope letter.docx
PROJECT FEE ESTIMATING WORKSHEET By: SJ Revision Date:
SEH INC.Date: 07/22/2024
Proposal No: Amendment #4 Job No: 151720
Project: Ward Station Pedestrian Overpass, Plaza and Greenway Trail
Incurred Unbilled Charges to Date
Estimated Project Duration - 8 months (Design), 3 months (Bidding), 7 months (Construction) = 18 months Total
Client:City of Wheat Ridge
SEH
RFP
TASK Architectural
Principal
Senior Project
Engineer II
Senior Project
Engineer II
Senior Project
Engineer II
Senior Project
Engineer
Senior Project
Engineer
Senior Project
Engineer
Senior Project
Engineer
Project
Engineer II
Project
Engineer II
Project
Engineer II
Project
Engineer Staff Engineer Staff Engineer Staff Engineer
Staff Architect
II Staff Architect
Senior Lighting
Specialist
Lighting
Specialist
Senior CAD
Designer
Senior
Engineer II Survey Lead
Senior
Admin
Assistant
SEH
SUBTOTAL SEH SUBTOTAL SEH Studio CPG Goodbee/SAM Elevator Specialist Ascent Signal ERO Shannon & Wilson
Hrs. Hrs. Hrs. Hrs Hrs. Hrs Hrs Hrs Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. HOURS Cost Expenses
Hourly Rates $189.89 $212.13 $187.63 $186.89 $174.93 $156.59 $152.89 $155.71 $139.73 $156.90 $147.30 $126.40 $114.07 $111.75 $125.44 $92.73 $81.23 $184.22 $133.34 $123.07 $229.02 $137.73 $109.08
Ekstrom Woznak Jardine Kaye Massa Kolahi Halewski Marquez Marquez Nuetzel Hoesly Jones Elsner Clark Wagner Council Marinelli Taillon Kruse Sundeen Carlson Klinker O'Connor
3.3 Final (90%) Design
SEH March Unbilled 20 6.75 21 8 2.01 60 43.5 30.72 26 93.55 86.90 32 11.36 96.79 0 538.59 $68,090.37 $68,090.37
SEH April Unbilled 4 3.59 29.5 1 8.31 8 27 3 1.76 44 11.5 2.45 2 2.03 14.5 0.32 1.5 2 166.46 $24,167.42 $24,167.42
SEH May Unbilled 4.5 44.75 15 2 3.53 12 104 10.76 27.21 30 33.44 1 18.36 1.02 18.5 47.51 0.51 1 375.08 $53,847.06 $11.31 $53,858.37
SEH June Unbilled 3 33.75 1 2 1.5 35 7 9 1 93.25 $15,215.59 $2,523.97 $960.00 $18,699.56
SEH July Unbilled 19 16 2 37.00 $6,342.05 $6,342.05
Subtask 3.3 Subtotal 31.5 3.59 133.75 37 11 13.85 82 1.5 0 225.5 13.76 59.69 107 138.49 1 107.71 34 3.05 55.36 144.30 0.83 1.5 4 1210.38 $167,662.48 $11.31 $2,523.97 $960.00 $0.00 $0.00 $0.00 $0.00 $171,157.76
Total SEH Hours per Staff = 31.5 3.59 133.75 37 11 13.85 82 1.5 0 225.5 13.76 59.69 107 138.49 1 107.71 34 3.05 55.36 144.30 0.83 1.5 4 1210
Total SEH Cost per Staff $5,982 $762 $25,096 $6,915 $1,924 $2,169 $12,537 $234 $0 $35,381 $2,027 $7,545 $12,205 $15,476 $125 $9,988 $2,762 $562 $7,382 $17,759 $190 $207 $436 $167,662
Totals $167,662.48 $11.31 $2,523.97 $960.00 $0.00 $0.00 $0.00 $0.00 $171,157.76
Fee = SEH Labor x 10% $16,766.25
Total Labor = Labor + Fixed Fee =$184,428.73
SEH Expenses $11.31
Sub Consultants $3,483.97
TOTAL FEE $187,924.01
Subconsultants
SEH Fee Proposal
PROJECT FEE ESTIMATING WORKSHEET By: Scott Jardine Revision Date:
SEH INC.Date: 9/30/24
Proposal No: Amendment #4 Job No: 166446
Project: Ward Station Area Projects, TO #5 - Ped Bridge, Plaza, Trail
Estimated Project Duration - June 2024 through February 2025.
6 months (Design), 3 months (Bidding) = 9 months Total Client: City of Wheat Ridge
SEH
RFP
TASK Civil Principal
Senior Project
Engineer II
Project
Engineer II
Project
Engineer II
Project
Engineer
Senior Project
Engineer Staff Engineer
Senior Project
Engineer II
Senior Project
Engineer
Senior Project
Engineer
Senior Project
Engineer Staff Engineer
Senior CAD
Designer Architectural
Principal Staff Architect II
Senior
Engineer II Staff Engineer
Lighting Project
Design Lead
Lighting
Designer I
Snr.
Const.
PM
Senior
Admin
Assistant
Admin
Assistant
SEH
SUBTOTAL SEH SUBTOTAL SEH StudioCPG Goodbee/SAM Elevator Specialist ERO Resources Ascent Signal Shannon & Wilson
Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs Hrs Hrs Hrs Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. HOURS Cost Expenses
Hourly Rates $222.70 $216.06 $191.21 $199.39 $138.95 $225.02 $158.26 $233.95 $183.23 $181.61 $154.47 $118.33 $140.02 $221.89 $125.35 $261.39 $129.82 $163.57 $144.43 $214.18 $124.60 $100.06
Olsen Jardine Hoesly Nuetzel Risk Massa Wagner Kaye Halewski Kolahi Torres Clark Sundeen Ekstrom Council J. Carlson D. Hetland J. Kruse J. Lilla T. Wrona O'Connor Young
1 Project Management
Project management, planning, sub coordination, invoicing, administration 2 20 11 33 6137.2 $6,137.20
Monthly meetings with City (one meeting/month thru design & every other month in
Bidding)9 18 9 3 3 4 4 50 $10,275.47 $572.00 $10,847.47
Cost-to-complete/Add. Services Proposal 1 8 2 2 1 1 15 $3,203.32 $3,203.32
Task 1 Subtotal 3 37 0 20 0 0 0 11 3 3 0 0 0 5 0 0 0 5 0 0 11 0 98 $19,615.99 $0.00 $572.00 $0.00 $0.00 $0.00 $0.00 $0.00 $20,187.99
2 Sub, Non-Design and Additional Services Related Tasks
Up to 1 Utility test holes (QL A)1 1 2 $338.34 $5,800.40 $6,138.74
Xcel/Lumen/Comcast OH-UG Relocation Coordination/Assistance 4 4 $864.24 $864.24
Finalize/Coordinate Utility Clearance Letters 0 $0.00 $0.00
Geotechnical Report Finalized 1 1 $199.39 $2,689.53 $2,888.92
Prepare Material Management Plan 0 $0.00 $2,500.00 $2,500.00
Finalize Reports, Plans and Environmental Clearances - final updates per changes 2 9 11 $2,226.63 $2,226.63
Update Draft Construction Schedule 8 4 12 $2,451.84 $2,451.84
Coordination with City and WR Emerg Response re: TVA, PHA, and SSMP 1 2 3 $614.84 $614.84
Updates to TVA, PHA, SSMP per City and WR Emerg Response comments 1 20 21 $4,203.86 $4,203.86
Coordination with City and RTD re: TVA, PHA, and SSMP 1 2 3 $614.84 $614.84
Final Updates to TVA, PHA, SSMP per RTD comments 1 20 21 $4,203.86 $4,203.86
Meet with RTD and confirm Grounding and Bonding Needs 2 2 2 2 2 10 $2,148.72 $3,000.00 $5,148.72
Prepare Draft RTD Grounding and Bonding Study and Preliminary PSE Development 2 4 16 8 30 $4,830.02 $30,000.00 $34,830.02
Preliminary G/B Study & PSE Review Comment Resolution Meeting with RTD 2 2 2 4 10 $2,077.08 $2,000.00 $4,077.08
Prepare Comment Responses and Final RTD Grounding and Bonding Study & PSE update
package 1 2 6 4 4 8 6 31 $5,817.00 $15,000.00 $20,817.00
Task 2 Subtotal 0 15 0 69 1 0 0 10 4 0 0 0 0 0 0 12 24 20 0 4 0 0 159 $30,590.66 $0.00 $0.00 $5,800.40 $0.00 $2,500.00 $50,000.00 $2,689.53 $91,580.59
3 Design Phase Services
3.1 Final (90%) Design .
Additional FOR Response Review Meeting with Wheat Ridge 3 2 2 1 2 10 $2,063.89 $75.00 $2,138.89
Prepare 90% FOR Comment Response Matrix - Additional items only 1 4 8 8 1 22 $4,572.95 $143.00 $4,715.95
Subtask 3.1 Subtotal 0 4 0 6 0 0 0 10 8 0 0 0 0 2 0 0 0 2 0 0 0 0 32 $6,636.84 $75.00 $143.00 $0.00 $0.00 $0.00 $0.00 $0.00 $6,854.84
3.2 Construction Documents
Address FOR PSE Comments - changes from prior design 4 2 20 16 1 10 46 10 18 46 10 1 3 1 24 16 45 3 276 $43,215.60 $43,215.60
Final QA 4 2 10 1 4 21 $4,929.87 $4,929.87
Prepare and Submit Final 100% CD's to CoWR 3 2 2 2 8 10 10 1 10 3 1 52 $7,870.52 $7,870.52
Address CoWR PSE Comments 4 2 12 8 1 3 4 2 1 1 1 2 12 1 54 $9,393.00 $9,393.00
Final QA (PSE, Calcs)4 2 1 1 1 2 11 $2,526.56 $2,526.56
Prepare and Submit Final 100% CD's (Plotting PSE, Reports)3 6 8 4 4 2 1 1 29 $4,706.45 $4,706.45
Subtask 3.2 Subtotal 8 18 4 40 34 1 2 26 62 10 18 60 22 5 16 8 28 20 57 0 0 4 443 $72,642.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $72,642.00
Task 3 Subtotal 8 22 4 46 34 1 2 36 70 10 18 60 22 7 16 8 28 22 57 0 0 4 475 $79,278.84 $75.00 $143.00 $0.00 $0.00 $0.00 $0.00 $0.00 $79,496.84
4 Permitting Assistance
Juchem Ditch Relocation Agreement Coordination/Assistance 8 16 24 $4,918.72 $712.80 $5,631.52
RTD Agreement Coordination/Assistance 4 8 12 $2,459.36 $2,459.36
BNSF JLL Utility Permit Coordination/Assistance 4 8 12 $2,459.36 $2,459.36
BNSF Construction Agreement Coordination/Assistance 4 8 4 16 $3,395.16 $3,395.16
DTO/DTP Agreement Coordination/Assistance 8 16 24 $4,918.72 $4,918.72
PUC Agreement Coordination/Assistance 4 8 12 $2,459.36 $2,459.36
Valley Water and Denver Water Irrigation Stub-in Tap Agreement and Permit
Coordination/Assistance 4 8 12 $2,459.36 $2,459.36
Valley Water and Denver Water Irrigation Meter Permit Coordination/Assistance 4 8 12 $2,459.36 $2,459.36
Task 4 Subtotal 0 40 0 80 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 124 $25,529.40 $0.00 $0.00 $712.80 $0.00 $0.00 $0.00 $0.00 $26,242.20
5 Bidding Assistance
Prepare FOR CONSTRUCTION PSE - Update for CDOT Updates 0 $0.00 $0.00
Prepare Responses to Bidder Questions (assume up to 6)0 $0.00 $0.00
Prepare Documents for Addenda (assume up to 2)0 $0.00 $0.00
Task 5 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Total SEH Hours per Staff =11 114 4 215 35 1 2 61 77 13 18 60 22 12 16 20 52 47 57 4 11 4 856
Total SEH Cost per Staff $2,450 $24,631 $765 $42,869 $4,863 $225 $317 $14,271 $14,109 $2,361 $2,780 $7,100 $3,080 $2,663 $2,006 $5,228 $6,751 $7,688 $8,233 $857 $1,371 $400 $155,015
Totals $155,015 $75 $715.00 $6,513.20 $0.00 $2,500.00 $50,000.00 $2,689.53 $217,507.62
Fee = SEH Labor x 10%$15,501.49
Total Labor = Labor + Fixed Fee =$170,516.38
SEH Expenses $75.00
Sub Consultants - Others $12,417.73
SEH Amendment Fee $183,009.11
De-scope of Construction Admin and Close Out from 2021 C2C -$35,093.05
Sub Consultants - Ascent $50,000.00
Assumptions and Exclusions TOTAL Amendment Fee $197,916.06
Ascent Signal cost-to-complete fee is based on assumptions since RTD has not provided
answers to design questions to enable scoping of remaining Grounding and Bonding
efforts. It is possible an additional amendment will be needed once information is
obtained.
Subconsultants
20240930-C2C Est for July '24 through Bidding-UPDATE-Final 1 9/30/2024
1
Scott Jardine
From:Brian Holt <bholt@ascentsignal.com>
Sent:Monday, July 15, 2024 12:15 PM
To:Scott Jardine; mlholt@ascentsignal.com
Cc:Jon Kruse; Tim Nuetzel
Subject:RE: Wheat Ridge CO Pedestrian Bridge - Cost-to-Complete Scope and Fee Request
Attachments:Ascent 2024 Billing Rates.pdf
Hi Scott,
We’re on vacation this week won’t be able to get as detailed as you’re requesting. However, I don’t think we have
enough information for that regardless. In 2022 we performed as much investigation as we could based on
publicly available information, raised several questions regarding the RTD’s practices, and reviewed relevant
aspects of your bridge design alerting you to the clearance concern. Given our questions remain unanswered, the
client being non-responsive, and the dramatically extended schedule, it’s not possible to provide assurances on
level of e(ort and schedule to complete the outlined tasks. I think we’re all surprised to be at this juncture and
have so little information on the RTD’s standards, expectations, and deliverable details.
If you’d like us to resume support on this, we request that you issue a task or change order increasing our budget
and timeframe as follows:
Principal $ 245 80 $ 19,600
Principal Project Support $ 164 16 $ 2,624
Senior Associate $ 164 80 $ 13,120
Associate $ 130 0 $ -
Technician $ 111 0 $ -
Totals 176 $ 35,344
This should either get us to the goal or near enough with questions answered that we provide a completion
estimate. I’m available next week if you have any questions.
Thanks,
Brian D. Holt, PE (MN,CA,IL,UT,MA,PA,FL)
President - Ascent Signal LLC
www.ascentsignal.com
Office 763-898-3738
Mobile 763-229-2976
From: Scott Jardine <sjardine@sehinc.com>
Sent: Friday, July 12, 2024 1:36 PM
To: Brian Holt (bholt@ascentsignal.com) <bholt@ascentsignal.com>; mlholt@ascentsignal.com
Cc: Jon Kruse <jkruse@sehinc.com>; Tim Nuetzel <tnuetzel@sehinc.com>
Subject: Wheat Ridge CO Pedestrian Bridge - Cost-to-Complete Scope and Fee Request
Brian and Marylou,
2
We are getting some movement from RTD on this project now, however there remains a cloud over the
grounding and bonding details. I realize the lack of clarity and cooperation from RTD is frustrating. I can assure
you it also frustrating for SEH and the City. We are still trying to get a meeting with RTD’s electrical group.
Something may come together in the next few weeks, however the City has asked us to put together a cost-to-
complete best guess conservative estimate for an Additional Services amendment. To that end, we’d like to get
a scope and fee estimate from you as soon as feasible. Hopefully you are able to take an educated guess and
provide a scope and fee proposal. Your current rates should also be applied.
As you have requested, we have asked RTD for more directly applicable grounding and bonding design plans,
an example grounding and bonding study, and answers to your questions. They haven’t provided that
information. So, either they don’t have good records, can’t find the info or they just don’t have it. Attached is the
info we have received from RTD: : 20240712 RTD Grounding and Bonding information. Some of the files are
duplicates, but better clarity or searchable PDFs. Let me know if you have issues accessing the files.
We have also sent the following request to RTD yesterday for additional information:
1. We received structural sheets for pedestrian bridges at Pecos Junction, 38th & Blake, and 41st and
Fox. Can we have drawings related to grounding and bonding of these bridges? I believe they are the TES
drawings.
2. We received a file named Sample grounding and bonding from project JJ-111.pdf. Can we have sheet
JJ-112 which has details reference on the first sheet?
3. We received a file named Sample grounding and bonding from project JT-301.pdf. It is very
pixilated. Can we have a legible copy and sheet JT-302 which has details reference on the first sheet?
This information will be passed on if/when we get it. However, for this cost-estimate, I’d assume we aren’t
going to get it.
Initial thoughts on Cost-to-Complete task items are:
Task 1 – Teams Meeting with the City, SEH and RTD to answer previous confirm Grounding and Bonding
questions and project study, calculations, plans/specs/estimate (PSE) needs.
Task 2 - Prepare a Draft RTD Grounding and Bonding Study and Preliminary PSE Development . We
anticipate SEH Electrical will review and stamp the plans and specs. Let me know if there are electrical specific
plans you anticipate SEH to prepare, perhaps based on your redlines, to supplement what you provide.
Task 3 – Prepare for and attend a Preliminary G/B Study & PSE RTD Review Comment Resolution Meeting
with City and RTD
Task 4 - Prepare RTD comment responses and Final RTD Grounding and Bonding Study & PSE update
package
If you anticipate more tasks, please include those aw well.
Lastly, with your scope and fee estimate, please let me know a timeline we should expect you’ll need for your
preliminary and final delvierables. I’ll use that info to inform the City of how this content will imapct their
schedule. Also as reminder, I’ll need the fee broken down by person and rate/hr.
Give me, or Jon, a call if you have questions.
Thanks,
Scott Jardine, LEED AP, PE (CO)
Project Manager, Principal
Short Elliott Hendrickson, Inc.
720.540.6850 direct | 303.345.1817 mobile | 720.540.6800 main
Building a Better World for All of Us®
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RFQ-JN-18-09 Wheat Ridge ꞏ Ward Station Area Projects
Engineering Consulting Services Page 1
REQUEST FOR QUALIFICATIONS
RFQ-JN-18-09
Submittal Due Date: THURSDAY, MAY 31, 2018
BY 4:00 PM our clock
ENGINEERING CONSULTING SERVICES FOR
WHEAT RIDGE ꞏ WARD STATION AREA PROJECTS
SEALED SUBMITTALS MUST BE MAILED OR DELIVERED TO:
City of Wheat Ridge Municipal Building
Attention: Jennifer Nellis, CPPB
Purchasing & Contracting Division
7500 W 29th Avenue
Wheat Ridge, CO 80033
Phone: 303-235-2811 Fax: 303-234-5924
DOCUMENTS PREPARED BY:
PUBLIC WORKS DEPARTMENT
COMMUNITY DEVELOPMENT DEPARTMENT
PURCHASING & CONTRACTING DIVISION
IMPORTANT: PLEASE READ ENTIRE DOCUMENT
Per the attached specifications, terms and conditions.
PLEASE DO NOT REMOVE ANY PAGES FROM THIS BID DOCUMENT
Attachment B
RFQ-JN-18-09 Wheat Ridge ꞏ Ward Station Area Projects
Engineering Consulting Services Page 2
CITY OF WHEAT RIDGE
ADVERTISEMENT RFQ-JN-18-09
WHEAT RIDGE ꞏ WARD STATION AREA PROJECTS
ENGINEERING CONSULTING SERVICES
Project Overview/Scope: The City of Wheat Ridge Public Works Department seeks a qualified firm to provide
professional engineering services for the preparation of construction plans for a variety of projects associated with
the Wheat Ridge ꞏ Ward Station area. Scope of Work shall include topographic survey, design, preparation of 60%,
90%, and 100% plans, bidding assistance, support for presentations to City Council and the public, and preparation
of estimated costs. This is expected to be a multi-year contract up to three years with a total budget for these
services estimated between $500,000 and $1,000,000.
Point of Contact: Jennifer Nellis, Purchasing Agent, jnellis@ci.wheatridge.co.us or phone 303-235-2811. Do not
contact the requesting department or the evaluation committee.
Mandatory Pre-RFQ Meeting: Tuesday, May 15, 2018 3:00 PM at the Municipal Building, 7500 W. 29th Ave.,
Wheat Ridge, CO 80033, PD Training Room on the second floor.
Due Date for Questions: Noon, Monday, May 21, 2018 by email to jnellis@ci.wheatridge.co.us
Minimum Requirements: Awarded professional firm must have a valid City Business/Use Tax license(s) prior to
starting the project. This project requires compliance with the “Illegal Alien” Provisions of CRS 8-17.5-101, as well
as insurance coverage. Minimum requirements for this project include management and execution of projects of
similar scope and complexity with a minimum of 5 years in business performing similar work. Interested firms shall
have been in business in the Denver area for a minimum of two (2) years. The Consultant must be on CDOT’s list
of pre-qualified consultants prior to submitting the qualifications. For any questions regarding pre-qualification, call
CDOT, 303-757-9354. Consultant and sub-consultants shall not be debarred from receiving Federal funds, as
confirmed on www.sam.gov.
Disadvantaged Business Enterprises: Disadvantaged business enterprises are afforded full opportunity to
submit qualifications and will not be discriminated against on the grounds of race, color, or national origin in
consideration for award.
Qualification Submittals Due: THURSDAY, MAY 31, 2018 BY 4:00 PM OUR CLOCK. THERE IS NO PUBLIC
OPENING. It is the responsibility of the offeror to ensure the qualifications submittal is received in the Purchasing
Office on or before the due date and time.
Submit to: City of Wheat Ridge Municipal Building, BID - Purchasing & Contracting Division
Attn: Jennifer Nellis, CPPB
7500 W 29th Avenue
Wheat Ridge, CO 80033
The City only accepts submittals in hard copy format. Fax, email or other electronic means are not
acceptable. Sealed submittals must include: (1) marked “Original” and (6) copies for a total of (7) complete sets.
Mark Envelopes: RFQ-JN-18-09 PROFESSIONAL CONSULTING SERVICES FOR WHEAT RIDGE ꞏ WARD
STATION AREA PROJECTS
Comments: All submittals must be sealed and shall be validated. No submittals will be accepted after the due time,
regardless of postmark. Submittals received after the due time will be filed unopened.
RFQ Documents: Available on the RMEPS a division of BIDNET www.rockymountainbidsystem.com or visit the
City Website for project documents and updates: www.ci.wheatridge.co.us.
Publish Dates:
Daily Journal April 30, 2018
_________________________________ May 7, 2018
Jennifer Nellis, Purchasing Agent RMEPS/City Website April 30, 2018
RFQ-JN-18-09 Wheat Ridge ꞏ Ward Station Area Projects
Engineering Consulting Services Page 3
RFQ-JN-18-09
SCOPE OF WORK AND SERVICES REQUIRED
WHEAT RIDGE ꞏ WARD STATION AREA PROJECTS
ENGINEERING CONSULTING SERVICES
I. INTRODUCTION
A. General
The City of Wheat Ridge (the “City”) is located in the northwest area of the Denver metropolitan area just west of
downtown Denver. The City’s area consists of about nine square miles adjacent to the 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 31,000 residents. Our governing body
consists of eight Council members, Mayor, and City Manager.
B. Background
The opening of RTD’s G Line Commuter Rail offers the City significant re-development opportunities, particularly in
the area surrounding the Wheat Ridge ꞏ Ward Station, located on Ridge Road, between Ward Road and Tabor
Street. The rail line is anticipated to open for service in the fall of 2018. With any significant redevelopment
opportunities on properties surrounding the station, significant public and private infrastructure improvements will
be needed.
In November of 2016, Wheat Ridge voters approved a 12-year, ½ cent increase in the City’s sales and use tax rate
in order to fund investments that will improve transportation infrastructure, create opportunities for economic
development, and enable additional “place-making” to attract those wanting to live, work, and do business in Wheat
Ridge.
A citizen-led task force identified the four projects that will be funded from the proceeds of the tax increase with one
of those projects being improvements to public infrastructure and amenities in support of economic development at
the Wheat Ridge ꞏ Ward Station area.
The City recently completed a visioning process with a consultant to plan and strategize for future redevelopment
and improvements. A copy of the most recent version of the vision document can be accessed at the Investing 4
the Future webpage at the following link: http://www.ci.wheatridge.co.us/1560/Investing-4-The-Future--Projects-
Funded-
In order to encourage private redevelopment, the following potential public improvements have been identified at
this time:
1. Improvements to 52nd Avenue (between Ward Road and the City boundary east of Simms Place) to
collector street standards.
2. Improvements to Tabor Street (between 52nd Avenue and Ridge Road) to local street standards.
3. Improvements to Ridge Road (between Ward Road and the Station) to collector street standards.
4. Improvements to Ridge Road (between Tabor Street and the City boundary east of Simms Place) to
collector street standards.
5. New traffic signals or improvements to existing traffic signals.
6. Pedestrian bridge over the rail lines from the Station south to 49th Place.
7. Additional multi-modal (transit, bicycle, and pedestrian) facilities throughout the area serving the Station.
8. Drainage infrastructure, including stormwater conveyance, detention, and water quality improvements,
preferably on a regional level.
C. Objectives
The purpose of this RFQ is to contract with one qualified firm experienced in designing streets, pedestrian bridges,
drainage, and multi-modal infrastructure to provide engineering services to prepare construction documents. The
firm needs to have expertise in transportation, urban design, and landscape architecture. The City anticipates
RFQ-JN-18-09 Wheat Ridge ꞏ Ward Station Area Projects
Engineering Consulting Services Page 4
making an award of a performance based contract in late July 2018. Individual task orders will then be issued for
each of the improvement projects. The first task order will likely be issued soon after the contract has been
approved.
The City retains the option to continue working with the awarded firm for additional task orders, negotiating scopes
and fees for each task order, yet based on labor rates negotiated with this initial RFQ process to maintain continuity
of the project.
II. STATEMENT OF WORK
It is unknown at this time if the above potential projects will be constructed as stand-alone projects, in conjunction
with adjacent redevelopments, or at some later time outside of the scope of this RFQ. In either case, the following
professional services are anticipated to be required:
A. Topographic Survey – Collect field topography, existing surface features, and existing underground
infrastructure of the project area including streets, side street approaches, sidewalks, lighting, traffic control
devices, trees, landscaping, other miscellaneous structures, and public and private utilities.
B. Geotechnical Analysis – Collect geotechnical information to determine the existing pavement depth and to
provide recommendations on pavement design.
C. Construction Documents
1. Construction plans – Prepare construction plans based on conceptual designs previously prepared for the
City. The construction plans will include the following elements:
a. Alignment – The alignment of the streets is not expected to significantly change from the conceptual
streets design.
b. Profiles and cross-sections – The profiles and cross-sections will be set based on the existing
elevations along the limits of construction since changes in those elevations are not expected prior to
the project.
c. Storm sewer system – A proposed storm sewer system will need to be proposed since very little local
stormwater infrastructure exists. Regional storm sewer exists crossing the RTD right-of-way.
d. Utilities relocations – Coordinate utility relocations based on information provided by utility companies
and marked in the field and any impacts of the street reconstruction. Includes coordinating relocations
with utility companies.
e. Signing and striping – Prepare signing and striping plans.
f. Streetscape elements – Prepare streetscape plans based on the guidance provided in the City’s
Streetscape Design Manual and City details and standards.
g. Stormwater pollution management plan – A project specific SWMP will need to be developed.
h. Traffic control plans – Traffic control and construction phasing plans will need to be developed to
maintain access to properties, both business and residential, throughout construction.
2. Technical specifications – Prepare technical specifications based on the City’s project special provisions
that modify the CDOT Standard Specifications.
3. Estimated Quantities – Obtain quantities and unit costs for the various project elements to assist City staff
in preparation of cost estimates.
D. Document Submittal – This includes the preparation, submittal, and response to comments of the following
review sets:
1. 60% review sets to the City for preliminary review and approval.
2. 90% review sets to the City for final review and approval.
3. 100% review sets to the City to include in the bid package.
E. Permit Assistance – Assist City staff in preparing applications for all required permits.
F. Bidding Assistance – Limited bidding assistance will be required including the following:
1. Production of the electronic and paper copies of the plans and specifications for bidding purposes. The City
will maintain and provide a plan holders’ list, prepare the advertisement for bids, submit to the required
outlets, and distribute plans to prospective bidders.
2. Respond to requests for information from bidders.
3. Prepare documents for any addenda, if required. The City will distribute any addenda, if required.
G. Public involvement – Prepare documents and exhibits to support City staff in meeting with City Council and
the public.
H. Right-of-Way – The City will be separately contracting with a right-of-way consultant to obtain any necessary
right-of-way and easements.
RFQ-JN-18-09 Wheat Ridge ꞏ Ward Station Area Projects
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I. Project Schedule – Once the 60% review has been completed for each improvement, an aggressive schedule
will be necessary to compete the plans and start construction. The City has a very unique provision in its
Charter that requires City Council to designate the width of City streets. So whenever the width of street is
changed the City Council must vote to designate the new street width. Construction must be started within one
year of the designation.
J. Construction Administration – Assist City staff with the following items:
1. Attend preconstruction conference.
2. Prepare documents for change orders and other written directives, including responses to requests for
information. City staff will issue the change orders and other written directives.
3. Approve shop drawings, material list reports, and all information on material to be used for construction in
accordance with the plans and specifications.
K. Project Close-Out
1. Obtain record information from field representatives.
2. Prepare record drawings.
III. General Requirements
The following general requirements will be necessary to provide the services required for these projects:
A. Document Format Requirements and Document Control
All documentation prepared by the Consultant shall be in written text to include, but not be limited to, reports,
manuals, plans, correspondence, drawings, graphs, charts, illustrations, etc. The deliverable media shall be
standard 8 ½ x 11 inch bound text documents, standard 22 x 34-inch drawings and half size 11 x 17-inch drawings.
All drawings shall be to scale in standard and half-size formats. All documentation shall be written to industry
standards, indexed, complete, accurate, legible and subject to review and approval by the City.
The Consultant shall be required to provide complete security and confidentiality for all data and information. Data
and information shall not be released without specific City authorization. Requests for release of any public
information shall be referred to the City.
All information and documentation prepared by the Consultant shall be owned by the City for full City use and shall
be surrendered to the City when requested.
B Standard Computer Applications
All documents submitted by the Consultant shall also be provided in an electronic format acceptable to the City.
The Consultant shall maintain compatibility with City applications and operating systems, use a logical electronic
filing system, and provide electronic files of all documents produced to the City, when requested.
Currently the City has recognized the following applications as standard for City work and submissions:
Operating Environment Microsoft Windows 10
Word Processing Microsoft Word 2016
Spreadsheet Microsoft Excel 2016
Database Microsoft Access 2016
Project Management Microsoft Project 2016
Presentations Microsoft PowerPoint 2016
GIS ArcGIS Version 10.1 Service Pack 1
Drafting AutoCAD 2016 / Civil 3D
The City may upgrade these applications throughout the term of the Agreement and the Consultant will be required
to be compatible with City applications at all times at no additional charge to the City. The City will provide the
Consultant with sufficient prior notice of upgrades to allow the Consultant to become compatible when required.
Reformatting of documents previously delivered to the City will not be required unless Consultant is paid for such
reformatting.
RFQ-JN-18-09 Wheat Ridge ꞏ Ward Station Area Projects
Engineering Consulting Services Page 6
C. Office Space
The Consultant will not be provided office space at City Facilities for Services under this Agreement.
D. Terms and Conditions
The attached Sample Agreement contains the City’s standard terms, conditions, and other information that will be
used for this project. Minor changes, to this Sample Agreement, may occur depending upon the final negotiations
with the Consultant.
E. Supplementary Conditions
The management and inspection work under this Agreement shall be compatible with the requirements of CDOT
where applicable. Depending on specific IGA language between the City and CDOT for projects on CDOT
roadways (such as Ward Road), the consultant shall make available services as requested by CDOT to evaluate
the resolution of problems that may arise during the construction of the project.
The consultant shall review the Construction Contractor’s shop drawings for conformance with the contract
documents and compliance with the provisions of the contract documents in connection with this work.
CDOT, in its sole discretion, may review construction plans, special provisions, and estimates and may require the
City to make such changes therein as CDOT determines necessary to comply with CDOT and FHWA
requirements.
IV. SELECTION PROCESS AND EVALUATION CRITERIA
The selection committee may make a selection based on the qualification submittals received or may choose to
“short list” prospective firms for further evaluation. The selection process may involve two stages:
1) written submittals will be evaluated and scored,
2) oral interviews with the short-listed firms, if requested.
The City will attempt to negotiate a contract with the highest ranked firm following the interview stage.
Elements that will be considered by the panel when scoring your submittal:
A. Submittal Requirements
Submittal Due Date: May 31, 2018 by 4:00 PM (Local Time)
Firms are scored on their past experience for the type of work involved and their ability to address issues critical to
the success of the project requirements. Submittals should be formatted to correspond exactly to the following
information requirements. Clear and concise responses are appreciated. The total all-inclusive page limit is 75
pages letter size.
If you would like to incorporate the City marketing logo, the City seal, or the Investing 4 the Future branding on your
information, please contact Sara Spaulding via email: sspaulding@ci.wheatridge.co.us.
The awarded firm must be willing to enter into an Agreement with the City substantially in the form as attached.
Submitting firms must indicate any exceptions they take to the schedule and any terms and conditions in the
Sample Agreement, including the General or Supplementary Conditions in their Request for Qualifications
submittal.
The City, at their sole option, may accept or reject any or all submittals; or any proposed changes to the terms and
conditions and also reserves the right to negotiate final contract terms and conditions which may differ from those
contained in the Sample Agreement, General, or Supplementary Conditions.
RFQ-JN-18-09 Wheat Ridge ꞏ Ward Station Area Projects
Engineering Consulting Services Page 7
Submit the following information in your proposal in this order, and follow the evaluation criteria listed below:
Signature Page, Forms, Insurance Requirements
a. Complete and sign, “Proposer Information and Addendum Acknowledgement” aka Signature Page.
b. Illegal Alien Form.
c. Non-Discrimination Assurance Form.
e. Non-Collusion Form.
d. Provide a statement agreeing to provide and maintain insurance per the agreement requirements.
e. Provide a statement regarding debarment status with the federal government.
A. Selection Process
Written submittals will be reviewed and scored and a short-list may be developed. Firms are not to submit fee
proposals in their initial submittal.
Qualifications of the Firm (40% of Total Score)
Provide the following information to demonstrate the Consultant’s qualifications to perform the work:
1. Present a brief discussion regarding the experience and qualifications of the Consultant, including sub-
consultants, working on similar projects together.
2. Qualifications, relevant experience, and unique knowledge of individuals. Submit resumes.
3. Submit evidence of CDOT pre-qualification.
Project Approach (20% of Total Score)
Provide the following information to provide the Consultant’s approach to perform the work:
1. Delineate your Consultant’s understanding of the project, approach to successful completion, specialized skills,
special considerations, and possible difficulties in completion.
2. Describe what items you normally anticipate providing in the required submittals.
3. Quality Control Methodology.
a. Ensure Federal, State, and local procedures are followed.
b. Ensure documents are complete and well-coordinated.
c. Ensure quality with all required submittals.
4. Project Communication Protocol
a. Approach toward client communication, documentation, and reporting.
b. Progress report to ensure the Consultant is informed with up to date information.
c. Documentation of critical decision making, project changes.
Professional Services – Experience of Staff and Team (40% of Total Score)
Provide the following information to provide the Consultant’s ability to furnish professional services to perform the
work:
1. Provide a matrix of in-house personnel: Include years of experience, area of expertise, how long with the
Consultant.
2. Experience with projects for public clients. State familiarity with local, state, and federal governmental decision-
making and review process.
3. Provide a list of sub-consultants and describe the work they will perform. Also, include their years of experience
and years working together as part of a team.
4. Consultant’s familiarity with the project area and local construction market.
5. Capability to deliver electronic files, CD, 11 x 17 formats, CAD files, etc.
6. Provide a “Litigation Statement” of No, Yes, or Pending litigation on any projects in the last five (5) years. If yes,
explain.
RFQ-JN-18-09 Wheat Ridge ꞏ Ward Station Area Projects
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Final Selection Evaluation Factors
The City reserves the option to enter negotiations with the top-ranked firm/team following the qualifications
submittal review, without conducting interviews, if in the best interest of the City. However, it is anticipated that oral
interviews will be conducted with no more than three firms the week of June 25, 2018.
Firms will be notified in writing of the short list. Key personnel from the firm who will be directly involved with the
project should attend the interview. The interview panel will, in particular, be interested in knowing more about
previous experiences, meeting deadlines, project approach, and in conversing with the individuals who will act as
the primary contacts.
During the oral interviews, Consultant’s 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
RFQ document. A presentation can be made to address Consultant’s abilities. The following evaluation factors will
be considered by the interview panel when scoring your presentation:
Personnel (25% of Total Score)
Provide the following information to provide the ability of the Consultant’s personnel to perform the work:
1. Experience of the project manager, key staff, and any sub-consultants on similar projects in the same capacity.
2. Provide references for the project manager: Include project name, owner, design fee, original design and actual
completion dates, construction costs, and construction completion date.
Past Performance (25% Total Score)
Provide the following information to provide the Consultant’s past performance on similar projects:
1. List up to five similar projects, prepared by the Consultant, which have been completed within the past (5) five
years. Include information regarding any sub-consultants that will be used for this project. Include: project
name, owner, fees earned, projected completion date, actual completion date, over/under budget %, and
summary of work.
2. Experience with projects for public clients. State your familiarity with local, state, and federal governmental
decision-making and review process.
Schedule and Budget (20% of Total Score)
Provide the following information to provide the ability of the Consultant’s personnel to manage the schedule and
budget that will be established with each tack order:
1. Schedule – Manage the required work to meet the anticipated workload.
2. Budget and Cost Control Methodology
a. Verify anticipated fees within approved budget.
b. Coordinate reconciliation of budget with staff.
c. Coordinate value engineering activities.
Location (10% of Total Score)
Provide the following information on the location of the Consultant’s personnel:
1. Provide address of the consultant’s office where the majority of the work will be performed.
2. Specify other office locations where any part of the work will be performed.
3. Provide location of any sub-consultant’s offices.
RFQ-JN-18-09 Wheat Ridge ꞏ Ward Station Area Projects
Engineering Consulting Services Page 9
Workload (10% of Total Score)
Provide the following information on the workload of the Consultant’s personnel:
1. Current workload for the next twenty four (24) months.
2. Projected workload for the next twenty four (24) months.
Contract Volume (10% of Total Score)
Provide the following information on the Consultant’s volume of previously awarded contracts with State and City
projects:
1. State projects with Federal funding
2. City projects
The highest ranked Consultant, based on the response to this RFQ and the optional oral interview stage if deemed
necessary, will be requested to submit a detailed scope and fee proposal. The scope and fee proposal should
include a staff plan that coincides with that staff information provided under the Selection Process – Experience of
Staff and Team listed above. Also include a detailed estimate of reimbursable expenses. Reimbursable, allowable
expenses should be assumed to be billed at cost, without markup.
The method of payment for this project will be Cost Plus Fixed Fee. All fees and expenses are limited to those
costs allowable under the cost principles of the Uniform Guidance 2 CFR 200. Fixed fees (profit) should be
determined with consideration given to size, complexity, duration, and degree of risk involved in the project. Profit
should be in the range of 6 to 15 % of the total direct and indirect costs.
The City will verify suspension and debarment actions and eligibility status of consultants and sub-consultants prior
to entering into an agreement or contract in accordance with 2 CFR 200.
V. ANTICIPATED SCHEDULE OF EVENTS
All times are local and by our clock.
RFQ Issued & Advertised April 30 and May 7, 2018
MANDATORY Pre-RFQ Meeting May 15, 2018 at 3:00 pm (City Hall)
Questions Due May 21, 2018 by Noon
Final Addendum May 23, 2018
Proposal Due Date and Time Thursday, May 31, 2018 by 4:00 pm
Short List June 8, 2018
Interviews Week of June 25, 2018
Negotiation of Hourly Rates By July 11, 2018
Council Action Form Due July 13, 2018
Council Approval July 23, 2018
Issue Notice to Proceed August 6, 2018
VI. ADMINISTRATIVE AND OFFEROR INFORMATION
1. SUBMITTAL OPENING, EVALUATION AND AWARD
Only the names of each proposer will be read at the opening. Submittals will be examined after opening.
Submittals will be evaluated on the basis of evaluation criteria determined by the City. The firm or firms
selected for award will be chosen on the basis of qualifications and the apparent greatest benefit to the City and
not necessarily on the basis of price. No submittal may be withdrawn for a period of ninety (90) calendar days
of the RFQ opening date.
2. SALES & USE TAXES
Do not include sales or use taxes in your bid. Please contact the Sales Tax Division for current status related to
sales and use taxes for City projects.
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3. PROPOSER QUALIFICATIONS
No submittal shall be accepted from and no contract will be awarded to any person, firm or corporation that is in
arrears to the City, 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/service bid upon and
that they have the necessary financial resources to provide the proposed supply/service called for as described
in the attached Section II, Statement of Work.
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 interviews with past consultants, employees and creditors.
Unfavorable responses to these investigations are grounds for rejection of the submittal.
The Consultant and sub-consultants shall also allow access by the Colorado Department of Transportation
(CDOT), the City of Wheat Ridge, Federal Highway Authority (FHWA), the U.S. Department of Transportation’s
Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives
to any books, documents, papers, and records of the consultant which are directly pertinent to the contract(s)
awarded as a result of this Request for Qualifications for the purpose of making audit, examination, excerpts,
and transcriptions.
The Consultant and sub-consultants shall retain all required records for not less than 3 years after the
contracting agency makes final payment and all other pending matters are closed.
5. NO COMMITMENT BY THE CITY
This Request for Qualifications does not commit the City to award any costs or pay any costs, or to award any
contract, or to pay any costs associated with or incurred in the preparation of a submittal to this Request, or to
procure or contract for services or supplies. In acceptance of submittals, the City reserves the right to negotiate
further with one or more of the proposers as to any features of their submittals 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 qualified proposers.
6. PROPOSAL REPRESENTATION
Each Proposer must sign the submittal with their usual signature and shall give their full business address on
the form provided in this RFQ. Submittals by partnerships shall be signed with the partnership name by one of
the members or by an authorized representative. Submittals 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, 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
contracts for this Service.
8. INSURANCE
The successful Proposer shall, during the term of this Agreement and until completion thereof, provide and
maintain the following types and minimum insurance coverage as follows:
Type of Insurance Minimum Limits of Liability
Standard Workers' Compensation Statutory in conformance
Including Occupational Disease Coverage with the compensation
laws of the State of Colorado
Employer’s Liability $500,000 each person;
$500,000 each accident;
$500,000 each disease
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Comprehensive General Liability $250,000 each person;
Insurance $1,000,000 each occurrence
Professional Liability, Errors and Omissions $1,000,000 each occurrence
The successful Proposer shall affect the insurance policies in a company or companies and in a form
satisfactory to the Owner. Before commencing any performance under this Agreement, successful Proposer
shall deliver, to the City, Certificates of Insurance issued by the insurance company, and/or its duly authorized
agents pertaining to the aforementioned insurance, and certifying that the policies stipulated above are in full
force and effect.
All policies and/or Certificates of Insurance shall include the City as an additional named insured, except for
Workers Compensation and Professional Liability, Errors and Omissions.
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, C.R.S., as amended.
Workers' Compensation Insurance - The contractor shall provide workers' compensation insurance coverage
for all persons employed to perform the work to be done under the contract and assure that all workers will
receive the compensation for compensable injuries. A copy of the workers compensation policy is required to
be submitted to the City as part of this Proposal.
Professional Liability Insurance - Evidence of Professional Liability Insurance will be required upon award of the
project.
9. 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.
10. SUBCONTRACTING
No portion of this Work may be subcontracted without the prior written approval by the City.
11. 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 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.
12. 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.
13. 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.
14. 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 and 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 Agency,
become its property, and the successful Proposer shall be entitled to receive just, equitable compensation for
any satisfactory work completed, prepared documents or materials as furnished.
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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.
15. 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 and 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, material(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 furnished bear to the total
services/materials the successful Proposer covered by the award, less payments 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.
16. 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.
As a recipient of Federal funds, subject to United States Department of Transportation Title VI Regulations at
49 CFR Part 21 the Civil Rights Act of 1964, the City 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 United States has a
right to seek judicial enforcement with regard to any matter arising under Title VI, 49 CFR Part 21.
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.
18. 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 word
“firm/bidder/proposer” means any person, partnership, corporation or other entity.
19. PROPRIETARY INFORMATION
The evaluation committee will hold information provided by Proposers during the RFQ process in confidence
until the date of an award. After that date, submittals will become public record. Proposers may request parts of
their submittals to remain confidential and shall indicate in the submittal and on the appropriate proprietary or
financial pages. All information included in any submittal that is of a proprietary nature must be clearly marked
as such. The City shall be held harmless from any claims arising from the release of proprietary information not
clearly designated as such by the submitting firm. If the entire submittal is identified as confidential, the
submittal will be disqualified as non-responsive.
20. COMPETITIVENESS AND INTEGRITY
The Purchasing Office maintains control of its internal and third party communications during the procurement
process to prevent biased evaluations and compromises of confidential information and to preserve the
competitiveness and integrity of such procurement efforts. Proposers should not disclose their pricing to any
employees of the City other than the contact representative. Attempts by proposers to establish informal
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communication channels regarding this procurement will be viewed negatively and shall result in rejection of
the offending firm’s offer.
21. SUBMITTAL FORMAT
All responses to this Request For Qualifications 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 the submittal. A
submittal can be rejected by the City if the firm fails to completely fill in all blanks for evaluation of the submittal
or fails to answer all questions. Submittal should be prepared initially on the most favorable terms. All
submittals shall be prepared in a comprehensive manner as to content; however, no necessity exists for
expensive binders or promotional material. All costs, including travel and expenses incurred in the preparation
of this submittal, shall be borne solely by the respondent.
22. SUBMITTAL REJECTION AND/OR PARTIAL ACCEPTANCE
The City reserves the right to:
reject any and all submittals
accept other than the lowest price
waive minor defects or technicalities, formalities and informalities
accept in whole or in part such submittal where it is deemed advisable
make an award on the basis of the apparent greatest benefit to the City
alter the scope of work reasonably and RFQ documents until a contract is executed
23. GOVERNING LAW
The laws of the State of Colorado shall govern any contract executed between the successful respondent and
the City. Further, the place of performance and transaction of business shall be deemed to be in the County of
Jefferson, State of Colorado. In the event of litigation, the exclusive venue and place of jurisdiction shall be the
State of Colorado, and more specifically, Jefferson County, Colorado.
24. TAXES AND LICENSES BY THE AWARDED CONTRACTOR / CONSULTANT
Contractor/Consultant 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. Contractor
/Consultant 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/Consultant 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.
25. PROMPT PAYMENT DISCOUNTS
In determining the most responsive priced fee 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.
26. OWNERSHIP OF CONTRACT PRODUCTS
All products produced from the awarded contract shall be the sole property of the City.
27. FUNDING
There is in effect within the City, 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/Consultant 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 1 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. No promise, expressed or implied,
is made that such funding will be approved by the City Council, acting in its legislative discretion.
28. INDEMNIFICATION
The Contractor/Consultant agrees to indemnify and to hold the City and its agents harmless for, from and
against any and all claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and
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court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person
or persons as a result of the negligent performance or failure of the Contractor/Consultant to provide services
pursuant to the terms of this Agreement.
29. INDEPENDENT CONTRACTOR
The 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 purpose.
30. DUE DILIGENCE
Due care and diligence has been used in the preparation of this information and it is believed to be substantially
correct. However the responsibility for determining the full extent to the exposure and the verification of all
information shall rest solely with the respondent. The City is not responsible for any errors or omissions in the
specification or for the failure on the part of the respondent in determining the full extent of exposure.
31. DEBRIEFING
Respondents not selected or placed on a short list may request a debriefing on the selection process as well as
discussion of the strengths and weaknesses of their firm’s submittal upon receipt of notification that their firm
was not selected or short listed. Firms that were on the short list but not selected may request a debriefing after
they have been notified that another firm was selected. A debriefing may be scheduled with the Purchasing
Agent, and in all cases will not be held until the City has awarded a contract for this project, or cancelled the
RFQ entirely.
32. SECURITY ACCESS CARDS
The City may issue security access cards to assigned workers. It will be the discretion of the City if the access
cards are issued specifically for each worker or a guest card may be issued.
33. SAMPLE AGREEMENT
A sample agreement is provided for your review if your firm is awarded. Do not complete nor enclose with your
submittal. It is for information only.
THANK YOU FOR YOUR INTEREST IN DOING BUSINESS WITH THE CITY OF WHEAT RIDGE
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CITY OF WHEAT RIDGE
RFQ-JN-18-09
WHEAT RIDGE ꞏ WARD STATION AREA PROJECTS
ENGINEERING CONSULTING SERVICES
PROPOSER INFORMATION AND ADDENDUM ACKNOWLEDGMENT
FEIN/SSN/DUNS (Required) _________________________________________________________________ Federal I.D. Number and DUNS Number
COMPANY_________________________________________________________________________
ADDRESS __________________________________________________________________________
CITY/STATE/ZIP______________________________________________________________________
PHONE ______________________________________FAX___________________________________
AUTHORIZED SIGNATURE_____________________________________________________________ This is required. Must be in ink.
TYPED/PRINTED NAME________________________________________________________________
TITLE __________________________________ EMAIL ______________________________________
PROPOSER IS RESPONSIBLE FOR FOLLOWING UP ON ALL ADDENDUMS
ACKNOWLEDGE ADDENDUM: Bidder is responsible for confirming receipt of each addendum, please initial.
#1 __________ #2 __________ #3 __________ #4 __________
INITIAL YOU REVIEWED EACH ADDENDUM FOR THIS PROJECT ____________________________
VISA IS THE PREFERRED PAYMENT METHOD.
DO YOU ACCEPT VISA WITHOUT EXTRA FEES? ___________________________________________
POINT OF CONTACT: Jennifer Nellis, Purchasing Agent, jnellis@ci.wheatridge.co.us or fax 303-234-5924.
DO NOT CONTACT THE REQUESTING DEPARTMENT OR MEMBERS OF THE EVALUATION COMMITTEE.
Signature acknowledges that Proposer: 1) has read the bid documents thoroughly before 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 firm. You
must submit a proposal with an authorized signature.
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.
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The Vendor, whose name and signature appear below, certifies and agrees as follows:
1. The Vendor shall comply with the provisions of CRS 8-17.5-101 et seq.
2. The Vendor shall not knowingly employ or contract with an illegal alien to perform work under this purchase
order or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien.
3. The Vendor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens,
through participation in the Basic Pilot Employment Verification Program administered by the Social Security
Administration and Department of Homeland Security, or (ii) otherwise shall comply with the requirements of
CRS 8-17.5-102(2)(b)(I).
4. The Vendor shall comply with all reasonable requests made in the course of an investigation by the Colorado
Department of Labor and Employment. If the Vendor fails to comply with any requirement of this provision or
CRS 8-17.5-101 et seq., the City may terminate the above referenced purchase order for breach and the
Vendor shall be liable for actual and consequential damages to the City of Wheat Ridge.
CERTIFIED and AGREED to this _________ day of _______________________, 20_______
BID NUMBER: ______________________________________________________________
FIRM: _________________________________________________________________
(Print Full Legal Name)
AUTHORIZED SIGNATURE: _____________________________________________________
Print Name: ____________________________________________________________
Print Title: ________________________________ Date: ________________________
Attestation: (A corporate attestation is required.)
BY: _________________________________
Corporate Secretary or Equivalent Place corporate seal here, if applicable
Bidder must complete and SUBMIT this form with bid/proposal or will be considered
Non-Responsive and/or Non-Responsible and therefore disqualified from bidding.
CITY OF WHEAT RIDGE, CO
CERTIFICATION STATEMENT FOR
ILLEGAL ALIENS, COMPLIANCE TO HB 1343
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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
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NON-COLLUSION AFFIDAVIT
RFQ-JN-18-09
WHEAT RIDGE ꞏ WARD STATION AREA PROJECTS
ENGINEERING CONSULTING SERVICES
COMPANY SUBMITTING PROPOSAL ________________________________________________
STATE OF:
COUNTY OF:
__________________________________________________________ of lawful age, being duly sworn, on oath
says that (s)he is the agent authorized by the proposer to submit the attached proposal. Affidavit further states that
the proposer has not been a party of any collusion among respondents 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 your bid/proposal or will be considered
Non-Responsive and/or Non-Responsible and therefore disqualified from bidding.
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RFQ-JN-18-09
WHEAT RIDGE ꞏ WARD STATION AREA PROJECTS
ENGINEERING CONSULTING SERVICES
SAMPLE AGREEMENT, FOR YOUR REVIEW ONLY
THIS AGREEMENT made this day of _________ 2018, by and between the City of Wheat Ridge, Colorado,
hereinafter referred to as the “City” or “Owner” and FIRM, CITY, STATE, hereinafter referred to as the “Consultant or
Contractor”.
WITNESSETH, that the City of Wheat Ridge and the Consultant agree as follows:
ARTICLE 1 – SERVICES
The Consultant shall serve as the City’s Contractor and provide as a minimum all of the professional
services required as per RFQ-JN-18-09 WHEAT RIDGE ꞏ WARD STATION AREA PROJECTS ENGINEERING
CONSULTING SERVICES, as more fully described in the Request for Qualifications and Consultant’s
response to the RFQ (Exhibit I) (attached hereto and) incorporated herein by reference.
ARTICLE 2 – TERM
The work to be performed under this Agreement shall commence promptly after receipt of a fully executed copy of
this Agreement to the extent that the Consultant has been authorized to proceed by the City.
Completion shall be within __________ (__) CALENDAR DAYS or by ___________.
The City may upon mutual written agreement by the parties, extend the time of completion of services to be performed
by the Consultant, if needed.
ARTICLE 3 – PAYMENT AND FEE SCHEDULE
The City hereby agrees to pay the Consultant the amounts required for work as deemed necessary at the unit prices
set forth in the Consultant’s proposal, with a total contract amount not to exceed __________, ($________), in
accordance to the provisions and subject to the conditions as set forth in this Agreement and the documents referred
to above.
Method of Payment
The method of payment for this project will be Cost Plus Fixed Fee. All fees and expenses are limited to those
costs allowable under the cost principles of 2 CFR 200 Uniform Guidance.
Invoices
Invoices will be submitted by the Consultant, on the City’s payment form, monthly for services performed and
expenses incurred pursuant to this Agreement during the prior month. The processing of payment will be expedited
by the Treasurer's Office through proper accounting procedures. Payment will be made to the Consultant within
thirty (30) days of the receipt of the approved invoices for services rendered. The City’s payment form is attached.
In addition, all billings shall comply with CDOT’s standardized billing format.
It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for services
rendered.
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A. Invoices by Task
Invoices may be submitted monthly by the Consultant for services performed and expenses incurred pursuant
to this Agreement during the prior month. The payment will be expedited by the User Department and
processed as a VISA transaction within 2 business days of the City approval or the City may elect the
alternative method of payment by the Treasurer’s Office through proper accounting procedures. Payment is
then made to the Contractor within thirty (30) days of the receipt. A check is mailed.
B. Funding
There is in effect within the City, 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, 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 – INDEPENDENT CONTRACTOR
In performing the work under this Agreement, the Consultant 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 as errors and omissions insurance. The Consultant, 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 bonafide 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 5 – 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 coverage of insurance.
Type of Insurance Minimum Limits of Liability
Standard Workers' Compensation Statutory in conformance
Including Occupational Disease Coverage with the compensation
laws of the State of Colorado
Employer’s Liability $500,000 each person;
$500,000 each accident;
$500,000 each disease
Comprehensive General Liability $250,000 each person;
Insurance $1,000,000 each occurrence
Professional Liability, Errors and Omissions $1,000,000 each occurrence
All policies and/or Certificates of Insurance shall include the City and CDOT as an additional named insured, except
for Workers Compensation and Professional Liability, Errors and Omissions.
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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, C.R.S., as amended.
ARTICLE 6 – INDEMNIFICATION
The Contractor/Consultant agrees to indemnify and to hold the City and its agents 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 as a
result of the negligent performance or failure of the Contractor/Consultant to provide services pursuant to the terms
of this Agreement.
ARTICLE 7 – CHANGE ORDERS OR EXTENSIONS
The City may, from time to time, require changes in the scope of services of the Contractor to be performed herein.
Such changes, including any increase or decrease in the amount of the Contractor’s compensation, must be mutually
agreed upon in writing by the City and the Contractor. The Contractor shall be compensated for all authorized changes
in services, pursuant to the Request for Qualifications, or if no provision exists, pursuant to the terms of the Change
Order.
ARTICLE 8 – 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 their age, race,
color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. 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 9 – CHARTER, LAWS AND ORDINANCES
The Contractor at all times during the performance of this Agreement, agrees to strictly adhere to all applicable
Federal, State and Local laws, rules, regulations, and ordinances that affect or govern the work as contemplated
under this Agreement.
ARTICLE 10 – LAW AND VENUE
The laws of the State of Colorado 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 11 – 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.
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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 12 – NOTICES
City Contractor
Contact Name
Phone
Cell
Email address
Address
City, State, Zip
ARTICLE 13 – ASSIGNMENT AND SUBCONTRACTORS
The duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, nor subcontracted
except with the express written consent of the City. The subcontractors permitted by the City shall be subject to the
requirements of this Agreement, and the Contractor is responsible for all subcontracting arrangements and the
delivery of services as set forth in this Agreement. The Contractor shall be responsible for the performance of any
sub-contractor.
ARTICLE 14 – SEVERABILITY
To the extent that the Agreement may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect
the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed
as a waiver of any other term or the same term upon subsequent breach.
ARTICLE 15 – INTEGRATION OF UNDERSTANDINGS
This Agreement is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless
embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall
have any force or effect unless embodied in writing and signed by an authorized representative of the City and the
Contractor.
ARTICLE 16 – PROHIBITION ON EMPLOYING OR CONTRACTING WITH ILLEGAL ALIENS
A. The Contractor hereby certifies that at the time of executing this Agreement it does not knowingly employ
or contract with an illegal alien who will perform work under this Agreement and that it will participate in
either the E-Verify Program or Department Program as those terms are defined in C.R.S. §§ 8-17.5-101(3.7)
and (3.3), respectively, (the “Programs”) in order to confirm the employment eligibility of all employees who
are newly hired for employment to perform work under this Agreement.
B. The Contractor shall not knowingly employ or contract with an illegal alien to perform the work under this
Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement.
C. The Contractor has confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under the Agreement through participation in either the E-Verify Program or
the Department Program.
D. The Contractor is prohibited from using the Program’s procedures to undertake pre-employment screening
of job applicants while this Agreement is being performed.
RFQ-JN-18-09 Wheat Ridge ꞏ Ward Station Area Projects
Engineering Consulting Services Page 23
E. If the Contractor obtains actual knowledge that a subcontractor performing the work under this Agreement
knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (a) notify the
subcontractor and the City within three (3) days that the Contractor has actual knowledge that the
subcontractor is knowingly employing or contracting with an illegal alien; and (b) terminate the subcontract
with the subcontractor if within three (3) days of receiving the notice, required pursuant to C.R.S. § 8-17.5-
102(2)(III)(A), the subcontractor does not stop employing or contracting with the illegal alien; except that
the Contractor shall not terminate the contract with the subcontractor if during such three (3) days the
subcontractor provides information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
F. The Contractor shall comply with any reasonable request by the Colorado Department of Labor and
Employment (the “Department”) made in the course of an investigation that the Department is undertaking
pursuant to the authority established in C.R.S. § 8-17.5-102(5).
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.
RFQ-JN-18-09 Wheat Ridge ꞏ Ward Station Area Projects
Engineering Consulting Services Page 24
ARTICLE 18 – 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:
______________________________
JANELLE SHAVER, CITY CLERK
______________________________
DATE
(Seal)
APPROVED AS TO FORM:
____________________________
GERALD DAHL, CITY ATTORNEY
ATTEST TO CONTRACTOR:
________________________________
NAME
________________________________
TITLE
________________________________
DATE
OWNER
CITY OF WHEAT RIDGE
7500 W 29TH AVENUE
WHEAT RIDGE, CO 80033
303-234-5900
______________________________
BUD STARKER, MAYOR
CONTRACTOR
FIRM
ADDRESS
CITY STATE
_____________________________
AUTHORIZED SIGNATURE
_____________________________
PRINT NAME
______________________________
TITLE
__________________________________
DATE
RFQ-JN-18-09 Wheat Ridge ꞏ Ward Station Area Projects
Engineering Consulting Services Page 25
Date
City Project Name and #
City Contact Name or Department
Period of Service thru
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
Print Name Title
*********
City Department Approval
Title Date
SUBMIT TO:
ACCOUNTS PAYABLE
CITY OF WHEAT RIDGE
7500 W. 29th Avenue
Wheat Ridge CO 80033
Company Name
Payment Address
Phone
Invoice # PO #
Consultant’s Project #
Consultant’s Project Mgr.
PROFESSIONAL SERVICES BILLING
Attachment C
ITEM NO: 1d DATE: December 9, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT AND SUBSEQUENT
PAYMENTS TO AECOM TECHNICAL SERVICES, INC.,
IN AN AMOUNT NOT TO EXCEED $1,272,034 FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE IMPROVE WADSWORTH PROJECT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Director of Public Works City Manager ISSUE: On-going construction management services are needed from AECOM Technical Services, Inc.
for the 2025 construction period of the Improve Wadsworth project. A new contract has been
established to specify deliverables associated with these efforts. PRIOR ACTION: The initial AECOM contract was approved by Council on November 27, 2017, for the period of
December 1, 2017 through December 31, 2018. In 2019 and 2020 amendments to AECOM’s
contract were approved by City Council to continue ongoing program management services for the Investing 4 the Future program. At the December 7, 2020 Council Study Session, staff and AECOM representatives presented a scope of work and estimated costs to provide construction management services for the Improve Wadsworth Project. In 2021, 2022, 2023, and 2024 the City
Council awarded a contract extension to AECOM to include ongoing program management
services for the Investing 4 the Future program as well as construction management services for the Improve Wadsworth Project, for those respective years. As the Investing 4 the Future effort is complete, program management services are no longer needed.
FINANCIAL IMPACT:
Council Action Form – AECOM Construction Management Contract December 9, 2024
Page 2
Funding in the amount of $1,272,034 for this contract is budgeted in the 2025 Capital Improvement Program Fund budget for this work. This is a not-to-exceed contract. Therefore, AECOM will be expected to manage their resources to provide the city with the necessary support within the
approved dollar amount. BACKGROUND: AECOM has provided construction management services for the Improve Wadsworth Project since construction began in the fall of 2021. A new scope and fees, with specific deliverables, has
been developed which specifies the requirements of AECOM for this work. The services include:
• Construction management in accordance with the requirements of the city, CDOT and other applicable state and federal agencies, including project management, inspection, and CDOT documentation, in accordance with CDOT local agency requirements.
• Resolve issues that arise; coordinate responses & provide direction to the contractor Assistance in coordinating public and private improvements that may occur simultaneously in the corridor.
• Coordination of public information with updates for the traveling public, adjacent
landowners, businesses, nearby residents, and other stakeholders.
• Coordination with other agencies and stakeholders, including RTD, CDOT, and public and private utilities.
• Materials testing and documentation.
• Prepare responses to the contractor’s requests for information, submittals, change notices, claims and correspondence. RECOMMENDATION:
Staff recommends approving a contract with AECOM in the amount of $1,272,034 for
construction management services for the Improve Wadsworth in 2025. RECOMMENDED MOTION: “I move to approve a contract with AECOM Technical Services, Inc. in an amount not to exceed
$1,272,034 for construction management services for the Improve Wadsworth Project.”
or,
“I move to deny a contract with AECOM Technical Services, Inc. for construction management services for the Improve Wadsworth Project for the following reason(s):
____________________.” REPORT PREPARED/REVIEWED BY: Daniel Martinez, Infrastructure Project Manager Kent Kisselman, CIP Program Manager
Maria D’Andrea, Director of Public Works
Patrick Goff, City Manager ATTACHMENTS: 1. AECOM Contract
Continuing Program Management for
Wadsworth Improvement Project
Contract #24-167
THIS AGREEMENT made this 10th day of December, 2024, by and between the City of Wheat Ridge, Colorado,
hereinafter referred to as the “City” or “Owner” and AECOM, 7595 Technology Way, Denver, CO 80237,
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 the Contractor’s proposal (Exhibit A), the originally requested Scope of Work (Exhibit B), the
original contract resulting from RFQ-JN-17-19 (Exhibit C) incorporated herein by reference.
The Contractor agrees to perform the following services in support of the Wadsworth Improvement Project
including but not limited to the following:
•Construction Management Services
•Inspection Services
•Various Material Testing and Coordination
•Public Information Sharing and Community Outreach
•Project Management and Administrative support
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 Contractor’s proposal, the agreement may be automatically renewed if:
•The work has not been completed per the agreed upon Statement of Work
•Pricing remains firm for the renewal period.
•The scope of work or specifications are not changed or modified.
This agreement is intended to extend the length of the project and will not be amended to include other
projects or areas.
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 million, two hundred seventy-two
thousand, thirty-four dollars, ($1,272,034) as full payment for such services.
Pricing will remain firm.
ATTACHMENT 1
The City operates on a calendar year as its fiscal year; as such, all invoices must be received no later than
December 19, 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 Section 2-3 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 and expressly incorporated
herein.
ARTICLE 4 – NO DAMAGES FOR DELAY
Pursuant to Section 2-4 of the Code of Laws, Contractor agrees to waive, release or extinguish its right to recover
costs or damages, or obtain an equitable adjustment, for delays in performing this contract if such delay is
caused in whole or in part by acts or omissions of the City or its agents, provided however an extension of time is
the Contractor’s remedy for such delay.
ARTICLE 5 – Reserved.
ARTICLE 6 - 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 7 – 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 8 – 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
Comprehensive Automotive Liability
(owned, hired, and non-owned vehicles)
• Bodily Injury
• Property Damage
$2 million per occurrence
$2 million per occurrence
Errors and Omissions $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.
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 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 9 – 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, acts, omissions, performance or
failure of the Contractor to provide services pursuant to the terms of this agreement.
ARTICLE 10 – 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 11 – 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 12 – 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 13 – 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 14 – NOTICES
Contact Information City Contractor
Name: Daniel Martinez
Office Phone: 303-235-2863
Email Address: dmartinez@ci.wheatridge.co.us
Address: 7500 W 29th Ave. 7595 Technology Way
City, State, Zip Code Wheat Ridge, CO 80033 Denver, CO 80237
ARTICLE 15 – 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 16 – 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 17 – 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 18 - DISADVANTAGED BUSINESS ENTERPRISES
Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated
against on the grounds of race, color or national origin in consideration for an award. Contractors 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 19 – OWNERSHIP OF CONTRACT PRODUCTS
All products produced from the awarded contract shall be the sole property of the City.
ARTICLE 20 – PERSONALLY IDENTIFIABLE INFORMATION (PII) AND OPEN RECORDS ACT
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. Contractor acknowledges that the City is subject to the provisions of the Colorado Open Records
Act, CRS 24-72-201, et seq., (“The Act”) and that all documents, correspondence, email messages and other
communications between the Contractor and the City are subject to public disclosure under the provisions of
that Act, with limited exceptions for proprietary information, business secrets, and similar information.
Contractor shall identify all proprietary and confidential information on the document or communication itself.
In the event the City receives a request for disclosure of such information under the Act, Contractor agrees to
indemnify the City against any attorney fees and court costs incurred by the City in defending its refusal to
disclose such information.
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 – Reserved.
ARTICLE 23 - CONTRACTOR PERFORMANCE FEEDBACK
The City of Wheat Ridge has implemented a requirement for Project Managers to assess each Contractor’s
performance and issue a determination as to whether the City should award the Contractor 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
______________________________________ __________
Daniel Martinez, Infrastructure Project Manager Date Signed
______________________________________ __________
Maria D’Andrea, Director of Public Works 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
MARGY GREER, SENIOR DEPUTY CITY CLERK WHEAT RIDGE, CO 80033
303-234-5900
DATE
Patrick Goff, City Manager
(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
Wheat Ridge Investing 4 the Future Program Management/Construction Management
Workhour/Cost Estimate 2024
December 6, 2023
Wadsworth Improvements Project
Task
No.
Project Manager(AECOM)
Construction Project Engineer (AECOM)
Deputy Project Manager (AECOM)
Inspector & Office Engineer (AECOM)
Inspector (AECOM)CM Oversight (Benesch)Inspector (Benesch)Materials Manager (Geocal)
Materials Tester (Geocal)
Public Info (Merge)Total Hours Total Cost
MPA Billing Rate $198.87 $172.71 $112.04 $130.95 $77.94 $198.95 $102.25 $136.50 $80.94 $165.00(McDaniel (Bemelen)(Ravgiala)(McLeod)(Loya)(Guikema)(Chuprinski)(Kaspin)(Rightmeyer)(Binning)
C WADSWORTH IMPROVEMENTS PROJECT
C.2 Construction Management
a) Construction Project Engineer (40 HR per week, 50 Wks)2000 2,000
c) Asst. Project Engineer (20 HR per week, 50 wks)1000 1,000
d) Inspection Staff (3 each at 40 hr/wk, 50 wks)80 2000 2000 4,080
e) Testing + Additional Misc testing 260 1560 1,820
f) Public Information & Community Outreach (12 HR/Wk)600 600
g) Project Management and Administrative Support (2 HR/Wk)120 80 200
Subtotal Construction Management 120 2,000 1,000 80 2,000 80 2,000 260 1,560 600 9,700
Subtotal - Wadsworth Improvements Project 23,864$ 345,420$ 112,040$ 10,476$ 155,880$ 15,916$ 204,500$ 35,490$ 126,266$ 99,000$ 1,128,853$ Total Labor
Labor Fee at 11.5%2,744$ 39,723$ 12,885$ 1,205$ 17,926$ 1,830$ 23,518$ 99,831$ Total AECOM Labor Fee
Geocal Company Laboratory Testing 4,000$ 4,000$ Estimte Lab Fees 2025
Other Direct Costs 1,250$ 7,200$ 4,800$ 900$ 9,000$ 9,000$ 1,200$ 4,800$ 1,200$ 39,350$ ODC's, vehicles charged per direct mileage + Merge
estimated flyers, etc.
C 27,859$ 392,343$ 129,725$ 12,581$ 182,806$ 17,746$ 237,018$ 40,690$ 131,066$ 100,200$ 1,272,034$ TOTAL WADSWORTH IMPROVEMENTS PROJECT
Construction Management
ITEM NO: 1e
DATE: December 9, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO ADOPT THE 2025 CITY COUNCIL MEETING
CALENDAR PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
Patrick Goff, City Manager ISSUE:
The calendar of the City Council meetings is adopted by a motion of the City Council annually.
Adopting the meeting calendar for the year is more efficient and enables the Mayor, Council, and staff to schedule other events and travel in advance. The Council will be able to amend the calendar by motion throughout the year, if necessary.
The following City Council meetings that conflict with observed City holidays or other known
events during the year are recommended for cancellation.
• Study Session, January 20, 2025 – Martin Luther King, Jr. Day
• Study Session, February 17, 2025 – President’s Day
• Regular City Council Meeting, May 26, 2025 – Memorial Day
• Study Session, September 1, 2025 – Labor Day
Council may want to also consider the following City Council meetings that conflict with other meetings or community events:
• Regular City Council Meeting, March 10, 2025 – National League of Cities Conference
• Regular City Council Meeting, March 24, 2025 – Jeffco Schools spring break
• Regular City Council Meeting, December 22, 2025 – Christmas holiday
PRIOR ACTION:
CAF – 2025 City Council Meeting Calendar December 11, 2023
Page 2
None
FINANCIAL IMPACT:
None
BACKGROUND: Section 5.1 of the City Charter states that, “The council shall meet regularly at least twice each month at a day and hour to be fixed by the rules of council.” Section IV of the City Council Rules of Order and Procedure states that “Regular Meetings are held the second (2nd) and fourth
(4th) Monday of each month at 6:30 p.m. unless otherwise provided by amendment of these
Rules and Study Sessions are held the first (1st) and third (3rd) Monday of each month at 6:30 p.m., unless otherwise provided by the Mayor Pro Tem.”
RECOMMENDATIONS: None
RECOMMENDED MOTION: “I move to adopt the 2025 City Council Meeting Calendar as presented.” Or,
“I move to adopt the 2025 City Council Meeting Calendar with the following amendment(s) ____________________________________________________________________.” REPORT PREPARED/REVIEWED BY:
Rhiannon Curry, Executive Assistant
Patrick Goff, City Manager ATTACHMENTS: 1. Proposed 2025 City Council Meeting Calendar
ATTACHMENT 1
2025 City Council Meetings
January February March S M T W T F S
S M T W T F S
S M T W T F S 1 2 3 4 1 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 30 31
April May June S M T W T F S S M T W T F S
S M T W T F S 1 2 3 4 5
1 2 3 1 2 3 4 5 6 7 6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14 13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 27 28 29 30 25 26 27 28 29 30 31 29 30
July August September S M T W T F S
S M T W T F S
S M T W T F S 1 2 3 4 5 1 2 1 2 3 4 5 6 6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13 13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20 20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30 31
October November December S M T W T F S
S M T W T F S
S M T W T F S 1 2 3 4 1 1 2 3 4 5 6 5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13 12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31 30
Study Session Meeting Held 1st and 3rd Monday of the month at 6:30pm Regular City Council Meeting 0 Held 2nd and 4th Monday of the month at
6:30pm No City Council Meeting – 5th Monday of the month Holiday observed by the City
New Year’s Day – Jan 1 Memorial Day – May 26 Labor Day – Sept. 1 Christmas Day – Dec. 25
Martin Luther King, Jr. Day – Jan. 20 Juneteenth – June 19 Veteran’s Day – Nov. 11
President’s Day – Feb. 17 Independence Day – July 4 Thanksgiving Holiday – Nov. 27-28
ATTACHMENT 1
ITEM NO: 1f
DATE: December 9, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE CONTRACT WITH PAYCOM
FOR THE HRIS SYSTEM IN THE AMOUNT OF $146,843 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Deputy City Manager City Manager ISSUE: Over the course of the last three years, the City has evaluated its systems and business processes
in order to streamline and modernize essential organizational functions. The City has selected five systems to drive efficiency and modernize business practices across the enterprise. The fourth system to be purchased and implemented is Paycom which will modernize employee operations and practices including personnel, payroll, recruiting, onboarding, performance management and training. 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. Earlier this year, Council approved contracts with GovOS for tax and business licensing, and OpenGov for
building permits and contractor licensing. On November 25, Council approved the contract for OpenGov Financials. FINANCIAL IMPACT: The Paycom Human Resources Information System (HRIS) costs an estimated $114,843 for the
software subscription, plus $32,000 for the full suite implementation for a total of $146,843 in 2025. In future years, the City will be responsible for the software subscription at the estimated cost of $114,843 in 2026 and 2027 and a two percent increase in 2028 and 2029 should the City choose to renew. The costs in 2026 and beyond will be offset by reductions in current HRIS and timekeeping system costs at approximately $68,000.
Council Action Form – Paycom Contract December 9, 2024
Page 2
The City has been awarded grant funding from the State Internet Portal Authority (SIPA) to pay for 88% of the first year’s expenses at $128,865.
In addition to the grant funding, 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 system (ERP). The implementation and first year’s “Software as a Service (SaaS)” fee for each system will be paid for from the
Equipment Replacement Fund savings and the grant funding allows the City to further stretch that
reserved funding. Therefore, there is no impact to the General Fund reserves in 2024 or 2025 from the purchase of this system. This expense will be encumbered and paid in 2025 as budgeted. BACKGROUND:
In February 2021, Council determined that streamlining the permitting and licensing programs to be a priority workplan item for staff. In addition to permitting and licensing, City leadership has been concerned about the legacy systems that power all functions in the City; even those “behind the scenes” such as personnel management, payroll, court
management and financials. Due to these legacy systems, staff is having to use manual
processes, input data in numerous areas and track several business processes on spreadsheets, resulting in wasted time and the potential for errors. 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, 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 single 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 – December 2024
Permitting – building, right-of-way,
and code enforcement
OpenGov
(grant funding
secured)
April 2024 – January
2025
Finance – accounting,
general ledger, cashiering, budgeting, procurement, contract management
OpenGov January 2025-March
2026
HRIS – payroll, personnel, applicant tracking, time keeping, performance
Paycom – (grant funding secured)
January – May 2025
Council Action Form – Paycom Contract December 9, 2024
Page 3
Courts – judicial
management
TBD – (grant
funding secured)
June 2025 – May 2026
Contracts for each system will be brought to Council for approval as they are ready and prior to implementation kick-off. Given Council’s focus on streamlining the City’s permitting and licensing programs, staff prioritized revenue and permitting systems for
implementation in 2024 and we are close to releasing these new systems to the public.
Staff analyzed several potential HRIS systems, and the preferred system is Paycom. The system is preferred because it met all the City’s requirements for a competitive price including payroll, employee self-service app, time management, preemployment
functions, document management for onboarding, leaves and leave compliance,
personnel action forms, full reporting with analytics, performance management, scheduling, applicant tracking and recruitment, learning management, compensation management and surveys. This HRIS system is fully integrated, centralizing all personnel data and functions, which will drive organizational efficiency.
When staff determined the overall RFP process did not meet the need for the HRIS, staff
began researching various cooperative agreements to learn what options are available via
piggy-backable agreements. At that stage of the process, it was determined that a
procurement “bake-off” would be the best method to secure the best-suited system for the
City. The procurement “bake-off” process is a structured and competitive evaluation
method which allows decision-makers to assess supplier offerings based on actual
performance, capabilities, and alignment with project requirements. Three companies
were invited to perform demonstrations for City staff; all three were evaluated
extensively and negotiations began. By utilizing the “bake-off” method, we were able to
negotiate more favorable terms for the City compared to traditional cooperative methods.
RECOMMENDATIONS: Staff recommends approval of the Paycom contract.
RECOMMENDED MOTION: “I move to approve the contract with Paycom for the HRIS system in the amount of $146,843,” Or,
“I move to deny the contract with Paycom for the following reason(s) __________.” REPORT PREPARED/REVIEWED BY: Whitney Mugford-Smith, Procurement Manager
Allison Scheck, Deputy City Manager Patrick Goff, City Manager
Council Action Form – Paycom Contract December 9, 2024
Page 4
ATTACHMENTS: 1. Paycom Pricing Summary for Wheat Ridge
2. Wheat Ridge – (General Terms and Conditions) GTC – 241112
3. Wheat Ridge - (Paycom HCM Services Agreement) PHCMSA - 241112
Proposal Summary for City of Wheat Ridge
*Based on 390 employees
*$6.95 per W2 & 1095 at year end
*Full-Service Garnishments - $10/Garnishment per payroll (optional)
Packages Includes:
•Payroll including Beti
•Employee Self Service (App)
•Time Management & PTO
•Manager-on-the-Go app
•Pre-Employment
Management
•Background Checks
•Drug Screening
•Document & Checklist
Management (Onboarding
& E-Signatures)
•Compliance & Leave
Management
•E-Verify
•GL Concierge
•Tax Credits (WOTC)
•Full Reporting/Analytics
•Personnel Action Forms
•Performance Discussion
Forms
•Scheduling & Budgeting
•Applicant Tracking &
Recruiting Tool
•Learning Management
System
•Performance &
Compensation Management
•Surveys
Implementation &
Training CostsAnnual EstimatePer Payroll cost (Bi-
Weekly)
$32,000$114,843$201.17 Base +
10.81 Per Check
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
ITEM NO: 2
DATE: December 9, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 23-2024 – AN ORDINANCE AMENDING
CHAPTER 21 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING WORK IN THE PUBLIC RIGHT-OF-WAY AND LICENSING OF MUNICIPAL CONTRACTORS PUBLIC HEARING ORDINANCES FOR 1ST READING (11/25/24) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/09/24) RESOLUTIONS
QUASI-JUDICIAL: YES NO _____________________________
Director of Public Works City Manager ISSUE: Chapter 21 of the city’s municipal code provides for construction and other work activities within or upon the public right-of-way while protecting the integrity of the roadway network and city-
owned infrastructure. This ordinance adds or modifies language to the municipal code to address various construction-related provisions and streamlines the licensing provisions. PRIOR ACTION: The City Council discussed this topic on October 7, 2024. Revised license fees were presented in
the proposed 2025 budget.
FINANCIAL IMPACT: Municipal contractor license fees were last changed in 2006. This ordinance recommends removing fees from the municipal code and retaining them in the fee schedule, so that they are
subject to annual review by the City Council. Proposed fees were included in the 2025 budget. Fee
amounts are proposed to increase from $200 to $300 for licenses involving excavations in the right-of-way and from $50 to $100 for occupancy of the right-of-way. The proposed license fees will only take effect if this ordinance is approved.
Council Action Form – Work in the Public Right-of-Way December 9, 2024
Page 2
BACKGROUND: The primary purpose of the public right-of-way is for the passage of pedestrian and vehicular
traffic. Public rights-of-way are also utilized for facilities which provide public services such as
utilities. The city is tasked with managing its rights-of-way to ensure that all public and private infrastructure and properties are protected, competing uses reconciled, and public safety preserved. Chapter 21 of the city’s municipal code provides for 1) the placement of facilities, construction,
excavation, encroachments, and work activities within or upon any public right-of-way and 2)
protection of the integrity of the roadway network and city-owned infrastructure. To achieve these purposes, it is necessary to require licensure and permits from users of the public rights-of-way. Contractors working in the city’s rights-of-way are specifically licensed to complete such work.
This license holds contractors accountable to city standards for repair and restoration and has the
additional requirement of a performance bond to ensure work is completed satisfactorily and no damage is caused to the City’s infrastructure. Until 2006, the regulation of municipal contractors was combined with building contractors and embedded in Chapter 5 (Buildings and Building Regulations). Ordinance 1361, approved in 2006, moved the three municipal contractor licenses
to Chapter 21 (Streets and Sidewalks).
PROPOSED ORDINANCE: Staff conducted a thorough review of Chapter 21 in relation to current construction practices. The current code language was also compared with several other municipalities’ language to ensure all
pertinent areas were adequately addressed. Modifications have been made to the current language
to update construction-related provisions as well as clarify and streamline the licensing and permitting processes. Specific changes include:
• Modifying the definition of the specifications to be used for construction, restoration and excavations.
• Clarifying developer responsibilities related to public infrastructure.
• Adding language related to public and worker safety.
• Removing the specific penalty amount for work without a valid permit from the code and,
instead, putting the amount in the fee schedule, to be amended periodically by the City Council.
• Reducing the number of licenses to two – one for work involving excavations in the public
right-of-way and one for when an entity is occupying the public right-of-way and removing
the specific license amounts from the code and, instead, putting the amounts in the fee schedule, to be amended periodically by the City Council.
• Modifying the language related to permit suspensions or revocation.
• Clarifying the correct code section related to utility company proof of insurance and bond
provisions.
• Adding language regarding warranty inspections.
• Modifying language related to traffic control at work sites.
• Clarifying the requirements related to excavations, backfilling and compacting.
Council Action Form – Work in the Public Right-of-Way December 9, 2024
Page 3
RECOMMENDATION: Staff recommends approval of the ordinance.
RECOMMENDED MOTION: “I move to approve Council Bill No. 23-2024, an ordinance amending Chapter 21 of the Wheat Ridge Code of Laws concerning work in the public right-of-way and the registration and licensing of building contractors, on second reading, order it published, and that it takes effect on January
1, 2025.”
Or,
“I move to postpone indefinitely Council Bill No. 23-2024, an ordinance amending Chapter 21 of the Wheat Ridge Code of Laws concerning work in the public right-of-way and the
registration and licensing of building contractors for the following reason(s):
________________________________________________________________________.” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works
Patrick Goff, City Manager ATTACHMENT: 1. Council Bill No. 23-2024
1 ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DOZEMAN COUNCIL BILL NO. 23
ORDINANCE NO. 1809 Series 2024 TITLE: AN ORDINANCE AMENDING CHAPTER 21 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING WORK IN THE PUBLIC RIGHT-OF WAY AND
LICENSING OF MUNICIPAL CONTRACTORS
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety, or welfare; and
WHEREAS, in the exercise of this authority the Council has previously adopted regulations and fees for the licensing and registration of contractors within Chapter 21, Article I and Article II, Work in Public Ways within the Municipal Code (“Code”); and
WHEREAS, several provisions within this Chapter contain outdated and
incongruous language to standard construction practices; and
WHEREAS, the Council wishes to update and simplify the licensing and permitting framework in the Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The definition of “specifications” contained in Section 21-1 of the Code
is amended as follows:
Specifications means the current edition of the CITY’S DESIGN AND CONSTRUCTION STANDARDS AND SPECIFICATIONS "standard specifications for road and bridge construction" and the CURRENT EDITION OF THE SPECIFICATIONS
AND M & S m and s standards of the Colorado Department of Transportation, Division of
Highways, as may be amended by the City of Wheat Ridge. Section 2. Section 21-11 of the Code is amended as follows to add a subsection clarifying developer responsibilities related to public infrastructure:
Sec. 21-11. Permit required. (a)…
(f) DEVELOPER OWNERSHIP OF PUBLIC INFRASTRUCTURE. THE PHYSICAL CONSTRUCTION OF PUBLIC INFRASTRUCTURE IN NEW
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DEVELOPMENTS WITHIN THE CITY IS THE RESPONSIBILITY OF THE DEVELOPER OF THE LAND. OWNERSHIP OF SUCH INFRASTRUCTURE REMAINS WITH THE DEVELOPER UNTIL ACCEPTANCE BY THE CITY.
WORK UNDERTAKEN ON INFRASTRUCTURE WITHIN A PUBLIC RIGHT-OF-WAY SHALL REQUIRE A PERMIT. THE CITY WILL NOT ACCEPT PUBLIC INFRASTRUCTURE IMPROVEMENTS WHERE WORK PERFORMED IS NOT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS AND SPECIFICAITONS AND APPLICABLE PROVISIONS OF THIS CHAPTER. Section 3. Section 21-15 of the Code, formerly reserved, is adopted as follows
to add a section addressing public and worker safety:
Sec. 21-15. PUBLIC AND WORKER SAFETY. (a) EACH PERMITTEE SHALL CONSTRUCT, MAINTAIN, AND OPERATE ITS
FACILITIES IN A MANNER THAT PROVIDES PROTECTION AGAINST INJURY OR DAMAGE TO PERSONS OR PROPERTY. (b) PERMITTEES SHALL MAINTAIN A SAFE WORK AREA. FREE OF SAFETY
HAZARDS. THE CITY MAY MAKE ANY REPAIR NECESSARY TO ELIMINATE ANY SAFETY HAZARDS NOT ADAQUATLEY ADDRESSED BY THE PERMITTEE AS DIRECTED. ANY SUCH WORK PERFORMED BY THE CITY SHALL BE COMPLETED AND BILLED TO THE PERMITTEE. THE PERMITTEE SHALL PAY ALL SUCH CHARGES WITHIN THIRTY (30) DAYS OF THE INVOICE DATE. IF THE PERMITTEE
FAILS TO PAY SUCH CHARGES WITHIN THE PRESCRIBED TIME PERIOD, THE CITY MAY, SEEK REIMBURSEMENT THROUGH THE WARRANTY OR GUARANTEE POSTED AS A PART OF THE PROJECT, OR THROUGH THE PROCEDURE CONTAINED IN CODE SECTION 2-6 AND ADDITIONALLY MAY BAR THE PERMITTEE FROM PERFORMING ANY ADDITIONAL WORK IN THE PUBLIC RIGHT-
OF-WAY. Secs. 21-16 21-15—21-19. - Reserved Section 4. Section 21-20 (c) of the Code is amended as follows to refine the
penalty for work without a valid permit:
Sec. 21-20. Fees generally; bonds, etc.; other provisions relative to permits. (a)…
(c) Violation; penalty; replacement at permittee's cost. Unless otherwise provided for in this article, work in the public way without a valid permit when the applicant is operating without such permit is a violation of the code of laws. The violator shall be required to obtain the required permit for the work. Unless otherwise limited
by law, the minimum administrative penalty assessed shall be IN ACCORDANCE WITH THE CITY’S FEE SCHEDULE, AS ADOPTED AND AMENDED FROM TIME TO TIME BY CITY COUNCIL RESOLUTION either two hundred twenty-
3
five dollars ($225.00) or triple the permit and inspection fees, whichever is greater, plus any additional costs incurred for special testing of the completed work. If, in the opinion of the director, the completed work cannot be adequately
tested or was placed not in accordance with the approved plans and specifications, it shall be removed and replaced at the permittee's sole cost. Section 5. Section 21-21 of the Code, regarding licenses and fees, is amended as follows:
Sec. 21-21. Licenses and fees. (a) The department of public works shall determine license qualifications for class A AND CLASS B through class C licenses. (b) The TWO various classes of licenses issued under this article and the work
authorized to be performed by the holder of the license are as follows: (1) EXCAVATION Municipal contractor-Class A. A license to do EXCAVATION work as a municipal contractor, class A, shall be required for STREET, ALLEY, AND OTHER ROADWAY-RELATED CONSTRUCTION IN THE PUBLIC WAY,
INCLUSIVE OF the installation of the following in the public way:
a. EXCAVATION, GRADING, LEVELING OF SUBGRADE. b. COMPACTION, ROLLING, GRAVELING, ASPHALTING, PAVING, CURBING, DRAINING, POTHOLING, BORING, TRENCHING, BACKFILLING, AND DRILLING.
c. INSTALLATION OF WATER MAINS, SANITARY SEWER MAINS, STORM WATER MAINS, WATER AND SANITARY SEWER SERVICE LINES, STORM DRAINS, AND ALL RELATED STRUCTURES. d. CONSTRUCTION OF CURB, GUTTER, CURB & GUTTER, SIDEWALKS, MEDIANS, STREETS, ALLEYWAYS, OR ANY OTHER
INFRASTRUCTURE. e. INSTALLATION OF FIBER OPTIC, CABLING, CONDUIT, ELECTRICAL, NATURAL GAS, OR ANY OTHER UTILITY INFRASTRUCTURE. a. Water mains.
b. Sewer mains. c. Water and sewer service lines. d. Storm drains. e. Related structures.
(2) Same—Class B. A license to do work as a municipal contractor, class B, shall be required for street, alley, and other roadway-related construction in the public way, inclusive of: a. Excavation, grading, leveling of sub-grade. b. Compaction, rolling, graveling, asphalting, paving, curbing, draining,
potholing and drilling.
c. Construction of curb, gutter, sidewalks, medians and other concrete structures or installations.
4
d. Construction of traffic signal installations. (3) Same—Class C. A license to do work as a municipal contractor, class C, shall
be issued for, and limited to, the installation of water and sewer service lines including excavation, pipe placement, backfilling and other operations as necessary in the public way. (42) RIGHT-OF-WAY OCCUPATION Traffic control and streetlights only-Class B D.
A license to OCCUPY THE PUBLIC WAY, class D, shall be required for ANY WORK OCCURRING non-roadway-related construction in the public way, inclusive of: a. Traffic control. b. Installation of street and/or pedestrian lights. A separate electrical permit
shall be required from the building division.
c. Tree trimming and/or cutting on private or public property. d. Staging OR STORAGE of materials, EQUIPMENT, STORAGE CONTAINERS, and/or trash receptacles, except for private household use. e. INSTALLATION OF ANY PERMANENT PUBLIC OR PRIVATELY-
OWNED INFRASTRUCTURE.
(53) Same—License limitations. The director of public works shall review applications for CLASS A and CLASS B municipal contractors' licenses and shall indicate those contractors, which the applicant has shown he THEY is
ARE qualified to perform. Upon completion of review, the director of public
works shall then cause to be issued a license limited as indicated. (c) Holders of certain of the licenses may perform as if licensed for certain of the other functions in accordance with the following schedule:
Class A Class C
(cd) The annual license fees for contractor’s license under the provisions of this article shall be paid in accordance with the CITY’S FEE SCHEDULE AS ADOPTED AND AMENDED FROM TIME TO TIME BY CITY COUNCIL. following table: (1) Municipal contractor, class A $200.00 (2) Municipal contractor, class B $150.00 (3) Municipal contractor, class C $125.00
(4) Municipal contractor, class D $50.00 License fees are due with the license application and are nonrefundable. Non-issuance of licenses shall not entitle applicant to a refund of fees paid.
(de) Insurance and indemnification. Unless otherwise specified in a franchise agreement between the permittee and the city, prior to the granting of any permit, the permittee
5
shall file with the city an insurance policy or certificate in a form satisfactory to the city/town/county with coverage as follows:
(1) The permittee shall carry and maintain in full effect at all times a commercial general liability policy, including broad form property damage, completed operations contractual liability, explosion hazard, collapse hazard, underground property damage hazard, commonly known as XCU, for limits, AS ESTABLISHED BY THE DIRECTOR, FOR not less than two million dollars
($2,000,000.00) each occurrence for damages of bodily injury or death to one (1) or more persons; and one million dollars ($1,000,000.00) each occurrence for damage to or destruction of property. (2) THE PERMITTEE SHALL CARRY AND MAINTAIN IN FULL EFFECT AT ALL TIMES A POLICY OF COMPREHENSIVE AUTOMOBILE LIABILITY
INSURANCE INSURING AGAINST ANY LIABILITY FOR PERSONAL INJURY, BODILY INJURY, OR DEATH ARISING OUT OF THE USE OF MOTOR VEHICLES AND COVERING OPERATIONS ON OR OFF THE SITE OF ALL MOTOR VEHICLES CONTROLLED BY THE PERMITTEE USED IN CONNECTION WITH PERFORMANCE OF THE WORK, WHETHER THE
MOTOR VEHICLES ARE OWNED, NON-OWNED, OR HIRED, WITH A COMBINED SINGLE LIMIT OF AT LEAST ONE MILLION DOLLARS ($1,000,000.00). (32) Workers compensation insurance as required by state law. (43) City departments shall be relieved of the obligation of submitting a certificate of
insurance.
(54) Notwithstanding the foregoing, the director may waive any insurance requirement or other requirements addressing financial security for (i) a governmental entity, or (ii) other entity if such other entity is deemed to provide sufficient coverage through self-insurance, in his or her sole reasonable
discretion.
(ef) License and permit bond. A cash bond in the amount of ten thousand dollars ($10,000.00) shall be deposited with the city prior to issuance of any class A, B or C municipal contractor licenses. THE BOND AMOUNT SHALL BE SET
ANNUALLY BY THE DIRECTOR. The bond shall be held by the city to insure completion of any work permitted to the municipal contractor and to warrant any work performed under a license for a period of two (2) years. An insurance company performance and warranty bond acceptable to the director of public works may be substituted for the required cash bond.
Section 6. Section 21-22 (a) and (b) of the Code, regarding permit suspensions or revocation is amended to read as follows:
Sec. 21-22. Authority; procedure; emergency suspension.
(a) Authority. The director of public works may suspend or revoke class A AND CLASS D through C licenses. License suspension or revocation may occur when the licensee commits one (1) or more of the following acts or omissions:
6
(1) Failing to comply with any of the licensee responsibilities as outlined in this chapter. (2) Knowingly combining or conspiring with a person by permitting one's license to
be used by such person, firm or corporation.
(3) Acting as agent, partner, associate or in any other capacity with persons, firms or corporations to evade the provisions of this chapter. (4) Committing any act of negligence, incompetence, or misconduct in the performance of the contractor's specific trade which results in a substantial
threat to public health and safety.
(5) Performing under his/her license in an unworkmanlike, careless, or reckless manner. (b) Procedure. When any of the acts or commissions as herein enumerated are
committed by a license holder and the director of public works deems that such
license shall be suspended or revoked, the procedure shall be as follows: (1) The licensee shall be notified, in writing, by CERTIFIED MAIL or by personal service, at least seven (7) days prior to suspension or revocation. (2) Appeals of a license suspension or termination shall be made to the director of
public works. Appeals must be made in writing within seven (7) working days of
receipt of notice. (3) The hearing date shall be set within fourteen (14) days of receipt of the protest and the licensee shall be notified of the same. (4) When a hearing is conducted, the licensee and other interested parties may be
in attendance. Upon completion of the hearing, the director of public works shall
take all evidence admitted under advisement and shall notify the licensee of their findings and rulings either during the meeting or in writing by certified mail. (5) Hearings shall be administrative and informal. Although an interested party may be represented by an attorney, no formal rules of evidence shall be observed.
No cross-examination of witnesses will be permitted. Evidence and witnesses
will be received; however, the hearing officer has the right to exclude evidence which is repetitive and/or irrelevant. The hearing officer may permit concluding and/or rebuttal statements. The decision of the hearing officer shall be the final action of the city for purposes of any appeal.
Section 7. Section 21-51 of the Code, regarding utility company proof of insurance and bond is amended to read as follows: Sec. 21-51. Liability for injuries, damage.
To the extent authorized and permitted by law, the utility district or company shall be responsible for liability for injury to persons or damage to property resulting from installation of its underground structures or from the repair or failure to repair street surfaces as herein provided. If the utility company or district is conducting the work with
their own forces, they shall submit proof of insurance and bond as required in section 21-21 5-125 of the Wheat Ridge Code of Laws.
7
Section 8. Section 21-53 of the Code, regarding inspections is amended to add a new subsection (d) as follows:
(a)…
(d) WARRANTY INSPECTION. APPROXIMATELY THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE TWO-YEAR WARRANTY, THE CITY SHALL CONDUCT A FINAL INSPECTION OF THE COMPLETED WORK. IF THE WORK
IS SATISFACTORY, THE BOND OR LETTER OF CREDIT SHALL BE RETURNED OR ALLOWED TO EXPIRE, LESS ANY AMOUNTS NEEDED TO COMPLETE WORK NOT COMPLETED BY THE PERMITTEE, AND THE CITY SHALL PROVIDE TO THE PERMITTEE A LETTER OF FINAL ACCEPTANCE. FOR WORK NOT INVOLVING MATERIAL DISTURBANCE IN THE RIGHTS-OF-WAY,
THE DIRECTOR MAY WAIVE THE FINAL INSPECTION AND THE PERFORMANCE BOND/LETTER OF CREDIT. Section 9. Section 21-60 (1), (6), (7), (10), (11), (12), and (13) of the Code, regarding traffic control requirements is amended as follows:
Sec. 21-60. Traffic control and access. To avoid interference with traffic, the following conditions must be observed in working in the public way:
(1) All work in the public ways must have a traffic control plan, WHICH shall be submitted to the city prior to starting construction. No permit will be issued until the plan is approved by the director. The traffic control plan must BE IN CONFORMANCE WITH THE LATEST VERSION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) AS AMENDED BY THE
COLORADO DEPARTMENT OF TRANSPORTATION. provide safe methods
for movement of pedestrians and motorists through the work zone and a safe area for workers engaged in the construction activity. The traffic control plan shall be site specific unless otherwise allowed by the director. The traffic control plan shall include the name and emergency phone numbers of the permittee
and the permittee's designated traffic control supervisor. … (6) As a guide for all maintenance and traffic signing, Part VI of the "manual on
uniform traffic control devices" and the CDOT standards shall be used. The permittee shall illustrate on the permit the warning and traffic control devices proposed for use during construction. At the discretion of the director, such warning and control devices may be increased, decreased or modified before and after issuance of the permit.
(7) APPROPRIATE DEVICES Type I, II and III barricades must be used whenever
it is necessary to close a travel lane, or sidewalk, OR BIKE LANE. DEVICES Barricades are to be supplied by the permittee. THE PERMITTEE SHALL
8
MAINTAIN ALL DEVICES AT ALL TIMES. All work shall be barricaded at all times and between the hours of sunset and sunrise and shall be properly lighted and delineated so as to warn all persons. Maintenance and construction signing.
The permittee shall be responsible for maintaining all work area signing and barricading during construction operations as well as any signs and barricades that are needed to protect roadway users and pedestrians during nonwork hours. During nonwork hours, all construction work area signs that are not appropriate shall be removed, covered or turned around so that they do not face
traffic. … (10) No permittee shall interrupt access to and from private property, block
emergency vehicles, block access to fire hydrants, fire stations, fire escapes,
water valves, underground vaults, valve housing structures, or any other vital equipment unless the permittee provides the city with written verification of written notice delivered to the owner or occupant of the facility, equipment or property at least 48 hours in advance. If a street closing is desired, the applicant
will request the assistance and obtain the approval of the director AT LEAST 72 HOURS IN ADVANCE OF THE REQUESTED CLOSURE. It shall be the responsibility of the permittee to notify and coordinate all work in the public way with police, fire, ambulance, other government entities, and transit organizations.
(11) When necessary for public safety, the permittee shall employ flag persons
whose duties shall be to control traffic around or through the construction site. The use of flag persons may be required by the director. (12) Traffic control devices, as defined in part vi of the manual on uniform traffic control devices, must be used whenever it is necessary to close a traffic lane or
sidewalk. Traffic control devices are to be supplied by the permittee. If used at
night, they must be reflectorized and must be illuminated or have barricade warning lights. (1113) Nighttime work area flood lighting shall not be allowed to spill out of the construction area in such a way as to disturb, annoy, or endanger the comfort,
health or peace of others.
Section 10. Section 21-60.1 of the Code, regarding excavations, backfilling, and compacting is amended to read as follows:
Sec. 21-60.1. Excavations, backfilling and compacting. The director has the authority to promulgate all necessary rules and regulations governing or otherwise related to the materials AND PLACEMENT, INSTALLATION, AND
TESTING METHODS, to be used in excavation, backfilling, compacting and any other reclamation projects in the public rights-of-way, to protect the health, safety and welfare of the city inhabitants. All work performed under this chapter shall conform with any such rules and regulations.
9
(a) PERMITTEE RESPONSIBILITY. THE PERMITTEE SHALL BE FULLY RESPONSIBLE FOR THE COST AND ACTUAL PERFORMANCE OF ALL WORK IN THE PUBLIC RIGHT-OF-WAY. THE PERMITTEE SHALL DO ALL
WORK IN CONFORMANCE WITH ALL ENGINEERING REGULATIONS, CONSTRUCTION SPECIFICATIONS, AND DESIGN STANDARDS ESTABLISHED BY THE DEPARTMENT. THESE STANDARDS AND SPECIFICATIONS SHALL APPLY TO ALL WORK IN THE PUBLIC RIGHT-OF-WAY UNLESS OTHERWISE INDICATED IN THE PERMIT.
(b) RESTORATION. ALL RESTORATION SHALL RESULT IN A WORK SITE CONDITION EQUAL TO OR BETTEER THAN THAT WHICH EXISTED PRIOR TO CONSTRUCTION. IN ADDITION TO THE REGULATIONS, SPECIFICATIONS, AND STANDARDS, REFERRED TO IN SUBSECTION (a) OF THIS SECTION 21-60.1, THE FOLLOWING PROVISIONS SHALL APPLY TO WORK IN PUBLIC RIGHTS-OF-WAY. (1) PAVEMENT CUTS SHALL BE FILLED WITH COMPACTED, SELECT MATERIAL. SELECT MATERIAL SHALL INCLUDE SELECT FILL, CONTROLLED DENSITY {“FLOWABLE”) FILL, OR EXISTING MATERIAL, AS APPROVED BY THE DIRECTOR. (2) SELECT FILL SHALL BE PLACED IN AN EXCAVATION TO THE DENSITY REQUIRED BY CITY SPECIFICATIONS. (3) FLOWABLE FILL BACKFILL MATERIAL, SATISFYING CITY SPECIFICATIONS, MAY BE USED TO RESTORE EXCAVATIONS IN THE PAVED PORTION OF ANY PUBLIC STREET OR ALLEYWAY. STEEL PLATES SHALL BE PLACED TO COVER THE EXCAVATION FOR THE TIME REQUIRED TO ALLOW THE MATERIAL TO SET. (4) FOR EXCAVATIONS IN EXCESS OF FIVE (5) FEET IN DEPTH, THE
PERMITTEE MAY USE GRANULAR BACKFILL MATERIAL IN LIEU OF FLOWABLE FILL BACKFILL MATERIAL, PROVIDED THAT IT MEETS CITY SPECIFICATIONS FOR MATERIAL TYPE, GRADATION, PLACEMENT, COMPACTION, AND TESTING. (5) ONCE THE COMPACTED BACKFILL HAS BEEN PLACED, AS ASPHALT CUTBACK SHALL BE MADE. THE CUTBACK SHALL EXTEND A MINIMUM OF SIX (6) INCHES ON EACH SIDE OF THE EXCAVATION ANS SHALL BE OVER UNDISTURBED PAVEMENT MATERIAL. ALL EDGES OF THE CUTBACK SHALL BE NEATLY CUT WITH AN ASPAHLT SAW AT NINETY (90) DEGREES TO TRAFFIC AND UNIFORMLY TACKED PRIOR TO NEW ASPHALT PLACEMENT. (6) THE NEW ASPHALT PLACEMENT SHALL BE PLACED AS DETAILED IN THE CITY SPECIFICATIONS AND DESIGN STANDARDS. (7) EXCAVATIONS IN CONCRETE PAVEMENT SHALL MEET ALL REQUIREMENTS IN THE CITY SPECIFICATIONS AND STANDARDS. IN NO CASE SHALL ASPAHLT BE USED TO REPAIR EXCAVATIONS IN CONCRETE PAVEMENT.
Section 11. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 12. Effective Date. This Ordinance shall take effect on January 1, 2025.
10
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 25th day of November 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, Public Hearing and consideration on final passage
set for December 9, 2024, at 6:30 p.m., as a virtual meeting and in the Council Chambers,
7500 West 29th Avenue.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 9th day of December 2024.
SIGNED by the Mayor on this _____ day of ____________, 2024.
_______________________________ Bud Starker, Mayor
ATTEST:
____________________________
Margy Greer, Sr. Deputy City Clerk
Approved as to Form
_________________________ Gerald E. Dahl, City Attorney First Publication: November 26, 2024
Second Publication: December 10, 2024
Effective Date: January 1, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 3
DATE: December 9, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 24-2024 – AN ORDINANCE AMENDING
CHAPTER 5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGISTRATION AND LICENSING OF BUILDING CONTRACTORS PUBLIC HEARING ORDINANCES FOR 1ST READING (11/25/24) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/09/24) RESOLUTIONS
QUASI-JUDICIAL: YES NO _____________________________
Community Development Director City Manager ISSUE: The City’s Community Development Department manages the licensing of building contractors. Currently there are 14 license categories and over 3400 active licenses. This ordinance simplifies
the licensing framework. PRIOR ACTION: City Council discussed this topic on October 7, 2024. Revised contractor licensing fees were presented in the proposed 2025 budget.
FINANCIAL IMPACT: Building contractor license fees have not been changed since 2003. This ordinance recommends removing fees from the municipal code and retaining them in the fee schedule, so they are subject to annual review by City Council. Proposed fees were included in the 2025 budget which
increases fee amounts by $25 to $50 depending on the license type. The 2025 building contractor license fees will take effect only if this ordinance is approved.
Council Action Form – Building Contractor Licensing December 9, 2024
Page 2
BACKGROUND: Current Code
In the municipal code, Chapter 5 establishes building code regulations and Article IV regulates
the licensing of building contractors. A contractor is defined as anyone being paid for and completing construction work which is regulated by the City’s adopted building codes. Contractors are required to be licensed by the City; the only exception is for electricians who are licensed through the state and simply register with the City.
Since at least 1996, the City’s approach to licensing has remained generally the same with over a dozen different contractor classifications. Section 5-117 of the Municipal Code defines each class and Section 5-121 establishes the annual license fee amount. These are summarized in the table below.
Summary of Current Building Contractor Licenses
Class Name Description Annual
Fee
Testing
Available
Active
Licenses as
of 9/23/24
1 Building contractor
Most broad general contractor license;
authorized to perform all types of construction
for all types of buildings
$150 Yes, ICC 285
2 Building
contractor
Limited general contractor; limited to Type 3,
4, and 5 buildings; limited to 3 stories in
height; does not include educational,
institutional, and hazardous occupancies
$125 Yes, ICC 292
3
Residential
building
contractor
Limited to single-unit, duplex and townhome
construction and accessory structures; limited
to 3 stories in height
$100 Yes, ICC 402
4 Building
contractor
For any type of work not covered by the City’s
other license types (1-3 and 5-15) $75 No 299
5
Homeowner
building
contractor
For any work on a single-unit home completed
by the individual who owns the unit and
resides in the unit for a period of 1 year after
final inspection
No fee No 2
6
Structure
moving
contractor
For moving any type of structure
$75 No 1
7 Demolition
contractor
For demolition of any structure $75 No 15
8 Plumbing
contractor
For any work related to sanitary sewer,
potable water, gas piping, and appliances
connected to such systems
$100 Yes, State 455
9 Mechanical contractor
For any work related to warm air heating,
ductwork, ventilation, air conditioning and
evaporative cooling
$100 Yes, ICC 482
10 Electrical
contractor
For any work related to electrical systems (per
state law, this is a City registration, not license) No fee Yes, State 769
Council Action Form – Building Contractor Licensing December 9, 2024
Page 3
11 Sign
contractor
For any work related to fabricating, installing,
or maintaining any sign type $75 No 70
12 Fire
protection
For any work related to automatic fire
sprinkler systems and carbon dioxide systems $75 Yes, ICC 29
13 Lawn
sprinkler
This was removed from the municipal code in
2020 based on changes in state law. - - -
14 Roofing
contractor
For any work related to roofing including new
roofs and reroofs $75 Yes, ICC 351
15 Electrical
signal
For any work related to fire detection, fire
alarm, burglar alarm, pneumatic control and
all signaling or control systems where the
electrical voltage does not exceed fifty (50)
volts
$75 Yes, ICC 34
Total 3,487 While the IBC establishes standards for building codes, it does not establish a standardized
licensing framework, therefore contractor licensing requirements vary among peer cities. The Wheat Ridge Municipal Code establishes that the Building Division shall determine what qualifications are required for each license type and authorizes the Chief Building Official (CBO) to establish reasonable examination procedures.
The International Code Council (ICC) has a Contractor/Trades Examination Program, but it does not apply to all trades and license types. The ICC testing program is designed to provide licensing agencies (i.e. a city) with information regarding qualified contractors and trade professionals. ICC tests are available for general contractor licenses and for some specialty trades (as noted in the table above). Historically, in Wheat Ridge, contractors are required to
submit insurance, payment, and proof of a passing score if an ICC test is available for their license type. Building Division staff track which peer communities also require testing, so reciprocity is available if a contractor has already obtained a license in certain peer communities. Most peer communities have significantly fewer license types than Wheat Ridge. Lakewood has
only five (5) types, Arvada has eleven (11), and most other communities fall somewhere in between, including Brighton, Denver, Englewood, Erie, Lafayette, Littleton, Louisville, and Northglenn. The median is nine (9) license types. PROPOSED ORDINANCE:
The attached ordinance accomplishes three key objectives:
• Reduces the number of license classifications,
• Simplifies the licensing framework, and
• Removes fees from the municipal code. This simplified approach uses umbrella categories—general and specialty, tested and untested—to organize license types into eight (8) categories. The first six (6) license types comprise over
75% of active licenses, and they are unchanged in their description and testing approach.
Council Action Form – Building Contractor Licensing December 9, 2024
Page 4
Instead of numerous license types for other specialty trades, the proposed ordinance classifies specialty trade licenses into two categories: those which have state or ICC testing available and
those which do not. For the latter, the code authorizes the Chief Building Official to request other
evidence of skill and experience such as through notarized letters. This is common practice in peer communities. Summary of Proposed Building Contractor Licenses
Type Class Name Description Annual Fee Testing
Tested - General 1 Unlimited
General
Most broad general contractor license;
authorized to perform all types of
construction for all types of buildings
$170 Yes, ICC
2 Limited
General
Limited general contractor; limited to Type
3, 4, and 5 buildings; limited to 3 stories in
height; does not include educational,
institutional, and hazardous occupancies
$150 Yes, ICC
3 Residential
General
Limited to single-unit, duplex and
townhome construction and accessory
structures; limited to 3 stories in height
$125 Yes, ICC
Tested -
Specialty
Trade
4 Plumbing
contractor
For any work related to sanitary sewer,
potable water, gas piping, and appliances
connected to such systems
$100 Yes, State
5 Mechanical
contractor
For any work related to warm air heating,
ductwork, ventilation, air conditioning and
evaporative cooling
$100 Yes, ICC
6 Electrical contractor
For any work related to electrical systems
(per state law, this is a City registration not
a license)
No fee Yes, State
7 Tested
Trade
For any specialty trade regulated by the
City’s adopted building codes and for which
an ICC or state test is available as
determined by the Chief Building Official,
such as roofing, gas piping, fire
suppression, low voltage electrical
$100 Yes, ICC or
State
Untested -
Specialty
Trade
8 Untested
Trade
For all work which requires a permit but is
not otherwise authorized under the other
license types, 1-7
$100 No, letter proof
of experience
RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 24-2024, an ordinance amending Chapter 5 of the Wheat Ridge Code of Laws concerning the registration and licensing of building contractors, on second reading, order it published, and that it takes effect on January 1, 2025.”
Or,
Council Action Form – Building Contractor Licensing December 9, 2024
Page 5
“I move to postpone indefinitely Council Bill No. 24-2024, an ordinance amending Chapter 5 of the Wheat Ridge Code of Laws concerning the registration and licensing of building contractors,
for the following reason(s): _______________________________________.”
REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Community Development Director Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 24-2024
1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 24
ORDINANCE NO. 1809 Series 2024 TITLE: AN ORDINANCE AMENDING CHAPTER 5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGISTRATION AND LICENSING OF
BUILDING CONTRACTORS
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety or welfare; and
WHEREAS, in the exercise of this authority the Council has previously adopted regulations and fees for the licensing and registration of contractors within Chapter 5 (Buildings and Building Regulations) within the Municipal Code (“Code”); and
WHEREAS, the Council wishes to update and simplify the licensing framework in
the Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 5-101(c) of the Code is amended as follows to refine the definition of homeowner contractors:
Sec. 5-101. Definition.
(a) Contractor, generally. In this article "contractor" shall mean any person who undertakes to perform any of the operations controlled by this article for any compensation whatsoever, excepting that a person performing for wages under and for another person appropriately licensed shall not be considered as a
contractor.
(b) Classification of contractors. Notwithstanding subsection (a) above, any person performing work classified in section 5-117(a) shall be appropriately licensed as a contractor pursuant to this article; provided, however, any person operating as an electrical contractor shall not be required to be licensed but shall be
required to be registered pursuant to section 5-116(b).
(c) Property owners HOMEOWNER CONTRACTOR. An owner performing work on his THEIR own property, IN WHICH THEY RESIDE AND WILL RESIDE FOR A PERIOD OF ONE YEAR AFTER PROJECT COMPLETION, shall be
ATTACHMENT 1
2
considered a HOMEOWNER contractor if the work affects the structural sufficiency of a habitable structure, and to that extent, such owner must be licensed as a contractor unless he is working under and for another person
appropriately licensed. THE HOMEOWNER CONTRACTOR SHALL ATTEST TO THEIR RESIDENCY TO OBTAIN A PERMIT BUT SHALL NOT BE REQUIRED TO OBTAIN A CONTRACTOR LICENSE.
Section 2. Section 5-117 of the Code, regarding building contractor
classifications, is amended as follows:
Sec. 5-117. Classification.
(a) The various classes of licenses issued under this article and the work authorized to be performed by the holder of the license are as follows:
(1) UNLIMITED GENERAL CONTRACTOR, CLASS 1 — Building
contractor—Class 1. A building contractor, class 1, sShall be authorized to
perform the following: unlimited building, altering, adding to the structural portions of any building, structure or portion thereof of any type, including all concrete, structural steel and iron, and the demolition of all or any part of a building or structure on a site on which new construction, remodel,
alter or repair of an existing building or structure is proposed.
(2) LIMITED GENERAL CONTRACTOR, CLASS 2 — Same—Class 2. A building contractor, class 2, sShall be limited to type 3, 4 or 5 buildings not exceeding three (3) stories and not used for educational, institutional or hazardous occupancies as defined by the building code.
(3) Residential building contractor, CLASS 3 — Class 3. A residential building
contractor, class III, sShall be limited to one- and two-family dwellings and multiple single-family (townhouse) residential structures not exceeding three (3) stories, and their accessory structures.
(4) Building contractor—Class 4. A class 4 contractor license shall be required
for all work not otherwise authorized under subsections (1) through (3) and (5) through (15) of this subsection (a).
(5) Homeowner building contractor—Class 5. A homeowner building contractor, class 5, shall be authorized to do the following: Construction, alterations or additions including plumbing, electrical and mechanical
alterations of a single-family dwelling owned and resided in by that individual for a period of one (1) year after approved final inspection of the work. A city contractor license shall not be required; however, a homeowner building contractor, class 5, shall be required to be registered in the city.
(6) Structure moving contractor—Class 6. A structure moving contractor, class
6, shall authorize moving of any and all types of buildings or structures.
3
The requirement for license applies to any person so performing in the city on public rights-of-way regardless of points of beginning and destination of the performance. (See section 5-125 for insurance and bond
requirements.)
(7) Demolition contractor—Class 7. A demolition contractor, class 7, shall be authorized to perform demolition or wrecking of any building or structure or portion thereof.
(84) Plumbing contractor, CLASS 4 — Class 8. A plumbing contractor, class 8,
sShall be authorized to do the following: Installation of all sanitary plumbing and potable water supply piping and appliances connected thereto, and including gas piping and the complete installation of water heaters, the installation of piping for transmission of chemicals and gases; the installation and removal of backflow prevention devices; the installation
of gas ranges, gas dryers and gas refrigerators, steam and hot water
heating system, process and industrial piping and related appurtenances which shall include the piping used for the transmission of chemicals and gases, the installation of burners, piping and controls utilizing gas, pipe insulation and low voltage wiring which does not exceed forty-eight (48)
volts and when such wiring is not enclosed in a conduit or raceway.
(95) Mechanical contractor, CLASS 5 — Class 9. A mechanical contractor, class 9, sShall be authorized to do the following: Installation of warm air heating, all ductwork, ventilation and evaporative cooling; the installation of gas piping, burners, venting and controls; and exterior sheet metal; duct
isolation; installation of refrigeration systems and appurtenant cooling
towers; pipe installation; and low voltage wiring which does not exceed forty-eight (48) volts and when such wiring is not enclosed in a conduit or raceway.
(106) Electrical contractor, CLASS 6 — Class 10. An electrical contractor, class
10, sShall be authorized to do the following: Installation of electrical
systems on residential and commercial properties. Pursuant to section 5-116(b) above, an electrical contractor, class 10 shall not be required to be licensed in the city; however, an electrical contractor, class 10 shall be required to be registered in the city and provide proof of a valid, current
State of Colorado master electrician's license pursuant to Article 23, Title 12, C.R.S. upon registration. Exception: Authorized and franchised public utility companies.
(7) TESTED SPECIALTY CONTRACTOR, CLASS 7 — SHALL BE AUTHORIZED TO COMPLETE ANY SPECIALTY TRADE NOT LISTED
IN THE LICENSE CATEGORIES ABOVE WHICH IS REGULATED BY
THE CITY’S ADOPTED BUILDING CODES AND FOR WHICH
EXAMINATIONS ARE AVAILABLE AND REQUIRED TO DEMONSTRATE KNOWLEDGE AND CAPABILITY AS DESCRIBED IN SECTION 5-120. THIS INCLUDES, BUT IS NOT LIMITED TO,
4
SPECIALTY TRADES SUCH AS ROOFING, GAS PIPING, FIRE SUPPRESSION, AND LOW VOLTAGE ELECTRICAL.
(8) UNTESTED SPECIALTY CONTRACTOR, CLASS 8 — SHALL BE
AUTHORIZED TO COMPLETE ANY SPECIALTY TRADE NOT LISTED
IN THE LICENSE CATEGORIES ABOVE WHICH IS REGULATED BY
THE CITY’S ADOPTED BUILDING CODES AND FOR WHICH EXAMINATIONS ARE NOT REQUIRED TO DEMONSTRATE KNOWLEDGE AND CAPABILITY AS DESCRIBED IN SECTION 5-120.
(11) Sign contractor—Class 11. A sign contractor, class 11, shall be authorized to do the following: Installation, replacement or maintenance of all types of signs.
(12) Fire protection contractor—Class 12. A fire protection contractor, class 12, shall be authorized to do the following:
a. Automatic fire suppression systems of all types.
b. Carbon dioxide systems.
c. Standpipe systems and appurtenances.
(13) Reserved.
(14) Roofing contractor—Class 14. A roofing contractor, class 14, shall be
authorized to apply roof covering material to all structures.
(15) Electrical signal contractor—Class 15. An electrical signal contractor, class 15, shall be authorized to do the following: Installation of fire detection, fire alarm, burglar alarm, pneumatic control and all signaling or control systems where the electrical voltage does not exceed fifty (50) volts.
Exception: Authorized and franchised public utility companies.
(b) Holders of certain of the licenses set forth in subsection (a) above, may perform as if licensed for certain of the other functions in accordance with the following schedule:
Licensed as May perform as
Class 1 Class 2, 3, 4 2 OR 3
Class 2 Class 3, 4 .
Class 3 . Class 4 .
Section 3. Section 5-119 of the Code, regarding qualification, is amended to remove class numbers from the section title, to read as follows:
Sec. 5-119. - Building OFFICIAL inspection division to determine qualifications
of applicants for class I through class XIV CONTRACTOR licenses.
5
There is hereby vested in the CHIEF BUILDING OFFICIAL building inspection division pursuant to law, the duty of determining the qualifications of applicants for the certain licenses established by this
chapter.
Section 4. Section 5-120 of the Code, regarding examination procedures, is amended as follows:
Sec. 5-120. - Examining procedures for issuance.
The chief building official shall establish such reasonable examining procedures
for issuance of class I through class XIV CONTRACTOR licenses as shall, from time to time, become necessary. These examining procedures, if used, shall be implemented so as to assure the city that the applicant does indeed have the knowledge and capability to perform work in accordance with the provisions of this Code and shall not deny a license to any person capable and willing to perform in
such fashion.
EXAMINATION REQUIREMENTS SHALL INCLUDE A CERTIFICATION EXAM RELATED TO THE SPECIFIC LICENSE CLASS AS PUBLISHED BY THE ICC OR STATE OF COLORADO. IF AN EQUIVALENT EXAMINATION IS NOT AVAILABLE, AS IS THE CASE FOR CLASS 8 UNTESTED SPECIALTY
CONTRACTORS, THE CHIEF BUILDING OFFICIAL MAY REQUIRE REASONABLE ALTERNATE EVIDENCE OF CAPABILITY SUCH AS NOTARIZED LETTERS FROM PRIOR PROJECT SUPERVISORS DEMONSTRATING EXPERIENCE.
Section 5. Section 5-121 of the Code, regarding contractor license fees, is
amended as follows:
Sec. 5-121. - Fees.
The annual license fees for contractors’ licenseS under the provisions of this article shall be paid in accordance with THE CITY'S FEE SCHEDULE, AS ADOPTED AND AMENDED FROM TIME TO TIME BY CITY COUNCIL
RESOLUTION. the following table:
(1) Building contractor, Class 1—$150.00
(2) Building contractor, Class 2—$125.00
(3) Residential building contractor, Class 3—$100.00
(4) Building contractor, Class 4—$75.00
(5) Homeowner building contractor, Class 5—No fee
6
(6) Structure moving contractor, Class 6—$75.00
(7) Demolition contractor, Class 7—$75.00
(8) Plumbing contractor, Class 8—$100.00
(9) Mechanical contractor, Class 9—$100.00
(10) Electrical contractor, Class 10—No fee
(11) Sign contractor, Class 11—$75.00
(12) Fire protection contractor, Class 12—$75.00
(13) Reserved.
(14) Roofing contractor, Class 14—$75.00
(15) Electrical signal contractor, Class 15—$75.00
License fees are due with the license application and are nonrefundable. Non issuance of licenses shall not entitle applicant to a refund of fees paid.
Section 6. Section 5-124(a) of the Code, regarding the suspension or
revocation of a contractor license, is amended as follows:
Sec. 5-124. – Suspension or revocation.
(a) Authority. The director of community development may suspend or revoke class I through class XIIV CONTRACTOR licenses. License suspension or revocation may occur when the licensee commits one (1) or more of the following acts or
omissions:
Section 7. Section 5-125 of the Code, regarding the insurance for a licensed contractor, is renamed, amended, and renumbered as follows:
Sec. 5-125. – Bond and iInsurance required.
(a) Reserved.
(ba) Insurance. A certificate liability of insurance from an insurance company licensed to do business in the state shall be filed with the city prior to issuance of any class 1 through 12 CONTRACTOR license. The limits of such coverage shall include workers compensation and employer's liability in the amount of five hundred thousand dollars ($500,000.00) and general liability in
7
the amount of six hundred thousand dollars ($600,000.00) general aggregate and three hundred thousand ($300,000.00) for each occurrence.
Section 8. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 9. Effective Date. This Ordinance shall take effect on January 1, 2025.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 25th day of November 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, Public Hearing and consideration on final passage set for December 9, 2024, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ___ to ___, this 9th day of December 2024.
SIGNED by the Mayor on this _____ day of ____________, 2024.
_______________________________
Bud Starker, Mayor
ATTEST:
____________________________ Margy Greer, Sr. Deputy City Clerk
Approved as to Form
_________________________
Gerald E. Dahl, City Attorney First Publication: November 26, 2024 Second Publication: December 10, 2024
Effective Date: January 1, 2025
Published: Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 4
DATE: December 9, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 25-2024 – AN ORDINANCE
APPROVING THE SALE OF CITY-OWNED REAL PROPERTY AT THE INTERSECTION OF WEST 38TH AVENUE AND JOHNSON STREET AND, IN CONNECTION THEREWITH, AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT
PUBLIC HEARING ORDINANCES FOR 1ST READING (11/25/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/09/2024) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________
Parks and Recreation Director City Manager ISSUE: The City was approached by Kyle and Erin Ballew for a proposed retail development, DOP’s Sweet Spot, at the southwest corner of 38th Avenue and Johnson Street. The 29,810 square foot
parcel is owned by the City of Wheat Ridge and was rezoned to Planned Commercial
Development in 2008. Permitted uses on the subject property include any land use allowed in the City’s Restricted Commercial zone district. This proposed retail use would be a permitted use. Only 25,378 square feet of the parcel would be sold and the remaining 4,432 would be retained by the City for regional drainage.
Section 16.5 of the City Charter states that “The City shall not sell or dispose of municipally owned buildings or real property for a public purpose, without first obtaining the approval, by ordinance, of three-fourths of the entire council.”
PRIOR ACTION:
City Council reached consensus at the October 14, 2024, study session to bring forward an ordinance approving the sale of this city-owned property to Kyle and Erin Ballew. Additionally, Council amended the 2015 Parks and Recreation Master Plan to remove the park land
Council Action Form – Sale of 38th and Johnson Property December 9, 2024
Page 2
designation from this remnant parcel of Discovery Park on November 25, 2024.
FINANCIAL IMPACT:
An appraisal for the 25,378 square foot parcel was completed in November 2024. The parcel has a value of $425,000. The land that is now Discovery Park, including this parcel in question, was purchased with the
City’s attributable share of Open Space Funds and Jefferson County Bond Funds. Jefferson
County Open Space does not have a financial interest in the property due to the removal of the open space reverter on this portion of the park property. The original purchase price for the entire 8-acre site that is now Discovery Park, including the undeveloped area under discussion for sale, was $1,245,500.
The Parks Division has identified this parcel as a remnant piece of land with no desire to develop at any time. All proceeds from the sale of the property are required to be placed in the Open Space Fund 32 for park and recreation purposes due to the fact that open space funds were used to originally purchase the property.
BACKGROUND: Kyle and Erin Ballew, Wheat Ridge residents, have approached the City with a retail development proposal for the City owned property at the southwest corner of 38th Avenue and Johnson Street. DOP’s Sweet Spot would serve sno-balls along with other treats such as ice
cream and donuts. The building would have several service windows and a bathroom for patrons
but no indoor seating. Covered outdoor seating as well as games for all ages (i.e. giant Jenga, jumbo Lego blocks, cornhole, connect four, etc.) green space, bike racks and bistro lights, to provide ambiance, would all be provided.
The subject property is zoned Planned Commercial Development (PCD) and more specifically is
part of the 38th and Kipling PCD. This zoning was approved by City Council in 2008 for the City-owned land including Discovery Park and the subject parcel. The zoning establishes one set of standards for the park and a different set of standards for the subject parcel. The 2008 case file indicates that the future use of the subject parcel was unknown, so the zoning was written to
provide flexibility allowing overflow parking (for the park or for the adjacent Applewood Café)
or a fully independently development site. While the ODP allows only park uses in Discovery Park, the ODP expanded permitted uses for the subject parcel to include any land use allowed in City’s Restricted Commercial (RC) zone district.
Based on the ODP and the RC zone district, permitted uses on the subject property include a
limited range of neighborhood-oriented businesses, including office, personal services, eating establishments, and retail limited to 5,000 square feet in size. The proposed DOP’s Sweet Spot business would be a permitted use. Because of the PCD zoning, any development on the subject parcel requires the submittal and review of a Specific Development Plan and a single public
hearing before the Planning Commission.
RECOMMENDATIONS: Staff recommends approving Council Bill No 25-2024.
Council Action Form – Sale of 38th and Johnson Property December 9, 2024
Page 3
RECOMMENDED MOTION:
“I move to approve Council Bill No. 25-2024, an ordinance approving the sale of city-owned real property at the intersection of West 38th Avenue and Johnson Street and, in connection therewith, authorizing execution of a Purchase and Sale Agreement, on second reading, order it published, and that it takes effect fifteen (15) days after final publication as provided by Section
5.11 of the Charter.”
Or, “I move to postpone indefinitely Council Bill No. 25-2024, an ordinance approving the sale of
city-owned real property at the intersection of West 38th Avenue and Johnson for the following
reason(s) ______________________________________.” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Parks and Recreation Director
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 25-2024 2. Purchase and Sale Agreement
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WEAVER Council Bill No. 25
Ordinance No. 1810 Series 2024
TITLE: AN ORDINANCE APPROVING THE SALE OF CITY-OWNED REAL PROPERTY AT THE INTERSECTION OF WEST 38TH AVENUE AND JOHNSON STREET AND, IN CONNECTION
THEREWITH, AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT
WHEREAS, the City of Wheat Ridge, Colorado (“City”) owns certain real property within the City at the intersection of West 38th Avenue and Johnson Street (the “Johnson Property”); and
WHEREAS, pursuant to Wheat Ridge City Charter Section 16.5, the approval by
three-quarters of the entire City Council, by ordinance, is necessary to sell or dispose of real property not designated as park land; and
WHEREAS, the City Council has previously adopted an amendment to the City’s Parks Master Plan confirming that the Johnson Property is not designated park property;
and
WHEREAS, the City Council finds and determines that the sale of the Johnson Property does not impact the use or needs of the adjacent park; and
WHEREAS, the City Council therefore desires to approve the sale of the Johnson Property to Dops Sweet Spot LLC and to approve the execution of a Purchase and Sale
Agreement in connection therewith.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Sale of Property approved. Pursuant to Charter Section 16.5, the City Council hereby approves the sale to Dops Sweet Spot LLC for a purchase price of
$425,000, and which property is more particularly described on Exhibit 1, attached hereto
and incorporated herein by this reference.
Section 2. Agreement approved. In connection with the sale of real property approved by Section 1 above, the City Council hereby authorizes and directs the Mayor, City Clerk and City Manager to execute a purchase and sale agreement and associated
documents, in a form approved by the City Attorney.
Section 3. Severability, Conflicting ordinances repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not
ATTACHMENT 1
be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 4. Effective date. This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 25th day of November 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for December 9, 2024, at 6:30 p.m., in the Council Chambers, 7500 West
29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ____this _____ day of ______________, 2024.
SIGNED by the Mayor on this _____ day of ____________, 2024.
__________________________
Bud Starker, Mayor
ATTEST:
_______________________________ Margy Greer, Senior Deputy, City Clerk
Approved as to Form
_________________________ Gerald E. Dahl, City Attorney
First Publication: November 26, 2024 Second Publication: December 10, 2024 Jeffco Transcript and www.ci.wheatridge.co.us
Effective Date: December 24, 2024
EXHIBIT 1
Park Property
LEGAL DESCRIPTION
A parcel of land in the NW ¼ of Section 27, T3S, R69W of the 6th PM, described as: Lot 3, 38th & Kipling Subdivision, City of Wheat Ridge, Jefferson County, Colorado, excluding therefrom right of way parcels of 15.25 and 19.5 feet in width along the northern boundary thereof, and a right of way parcel of 1.5 feet in width along the eastern boundary thereof.
ATTACHMENT 2
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (the "Agreement")
is made and entered into as of the 9th day of December 2024 by and between Dops Sweet Spot
LLC (the “Buyer") a Colorado corporation, and the City of Wheat Ridge, Colorado (the “Seller"), together referred to as the “Parties.”
RECITALS
A. Seller is the owner of the real property located in Jefferson County, State of
Colorado more particularly described on Exhibit A, attached hereto and fully incorporated
herein by this reference (the "Property"). The Parties agree to substitute a revised and corrected legal description for that contained in Exhibit A prior to Closing.
B. Buyer is offering to purchase the Property from the Seller upon the terms and conditions set forth herein.
AGREEMENT
In consideration of the promises and agreements of the Parties contained herein, the sufficiency of which is hereby acknowledged by each of the Parties, Seller and Buyer do hereby promise and agree as follows:
1. Sale and Purchase. The Seller shall sell the Property to the Buyer, and Buyer
shall purchase the Property from Seller, on the terms and conditions set forth in this Agreement.
2. Purchase Price. The purchase price for the Property (the "Purchase Price") to be paid by Buyer to Seller shall be $425,000. The Purchase Price, as adjusted for any other credits and prorations specifically provided for herein, shall be paid by Buyer to Seller at the Closing by certified check, cashier's check, wire transfer, or other immediately available funds acceptable to
Seller.
3. Title. On or before December 31, 2024, Seller shall obtain a current Title Commitment from a Title Company of Seller’s choice for an ALTA owner’s Title Insurance Policy in an amount equal to the Purchase Price, together with copies of those documents listed in Schedule B-2 of the Title Commitment (collectively, the “Title Documents”).
4. Permitted Exceptions. Title to the Property shall be free and clear of all liens
and encumbrances, subject only to the permitted exceptions which Buyer accepts pursuant to Section 5 ("Title Defects"). At the Closing, Seller shall execute and deliver the standard form of mechanic's lien affidavit used by and acceptable to the Title Company to provide for the deletion of the standard printed exception from the Owner's Policy for liens arising against the Property
for work or materials ordered or contracted for by Seller prior to the Closing. If a mineral
reservation exists, the Buyer may request the Title Company to provide Endorsement 100.31 or a similar endorsement selected by Buyer with respect thereto, at Buyer's expense. Promptly after the Closing, Seller shall cause the Title Company to issue to Buyer an ALTA owner's Title Insurance Policy insuring title to the Property in Buyer an amount equal to the Purchase Price,
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subject only to the Permitted Exceptions. The Parties shall share the cost of the Title Policy
equally, and any mineral or other endorsements requested by Buyer shall be at Buyer’s cost and
expense.
5. Title Defects.
(a) Within fifteen (15) business days after Buyer's receipt of the Commitment, the Title Documents, and Survey (defined below), Buyer shall give Seller notice of all title defects or
other objections shown in the Commitment and/or Survey, which are not consented to by Buyer
as Permitted Exceptions. Any and all matters and exceptions affecting all or any portion of the Property disclosed by the Title Commitment (as exceptions, requirements, or otherwise) or Survey which are not the subject of a notice from Buyer to Seller given within the applicable period of time as provided herein, shall be deemed accepted by Buyer as Permitted Exceptions.
If there is an endorsement to the Title Commitment that adds a new exception to title, a copy of
the same and the modified Title Commitment shall promptly be delivered to Buyer, and Buyer shall have ten (10) days following receipt of the same to review and object to the same hereunder.
(b) In the event Buyer notifies Seller of any title defects or other matters shown by the
Commitment and/or Survey which are objectionable as provided in this Subsection 5.b., within
ten (10) business days after receipt of Buyer's title objection notice, Seller shall advise Buyer what, if anything, it intends to do with respect to each title matter to which Buyer objects. For purposes hereof, a title defect or exception shall be deemed cured if: (i) the Title Company deletes the defect from the Commitment or (ii) the Title Company undertakes in writing to add a
provision to the Owner's Policy obligating the Title Company, within the limits of such Owner's
Policy, to protect Buyer against all loss or damage incurred on account of such defect or exception. Prior to or at the Closing, Seller shall discharge any and all monetary liens and monetary encumbrances on the Property including but not limited to any real and personal property taxes for the fiscal year preceding the conveyance, except for the Permitted Exceptions.
Such liens and encumbrances, if any, may be satisfied from the proceeds of the sale of the
Property. If any of the matters objected to by Buyer has not been cured or agreed to be cured by Seller prior to Closing on or before the last day of the Inspection Period (as hereinafter defined), Buyer may, by written notice to Seller at any time, either (i) terminate this Agreement, or (ii) waive such matters and accept the same as Permitted Exceptions. In the event Buyer does not
notify Seller of its decision to terminate or waive on or before the last day of the Inspection
Period, Buyer shall be deemed to have waived its objections and to have accepted such matters as Permitted Exceptions. In the event of a termination of this Agreement by Buyer pursuant to this Subsection 5.b., both Parties shall thereupon be relieved of all further obligations hereunder, except as expressly provided in this Agreement.
6. Survey. Seller has furnished to Buyer any existing site plans and improvement
surveys of the Property in its possession. On or before November 15th, 2024, Seller shall obtain a survey confirming the legal description of the Property (the “Survey”). In the event closing occurs, the Parties shall equally bear the costs of such Survey.
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7. Inspection; Right to Terminate. Buyer shall have until January 15th, 2025, or the
date of Closing, whichever occurs first, the right to inspect and evaluate the Property and to
evaluate the Title Documents and to determine whether the Property is materially contaminated by any Hazardous Materials (as defined by Section 9(d) below). Buyer shall have the right to terminate this Agreement on or before January 15, 2025, if acquiring the property is not in the Buyer’s interest for any reason.
8. Access; Mechanics' Liens. Buyer, its agents, employees, contractors, or
subcontractors may, at all times after the date hereof, at no charge to Buyer, and until the earlier of the Closing or the termination of this Agreement, have the right of access to the Property to test, inspect, and evaluate the Property as Buyer deems appropriate. Buyer shall promptly restore any alterations made to the Property by Buyer, or at Buyer's instance or request, and
Buyer shall pay for all work performed on the Property by Buyer, or at Buyer's instance or
request, as such payments come due. Any and all liens on any portion of the Property resulting from the actions or requests or otherwise at the instance of Buyer shall be removed by Buyer at its expense. Buyer shall, at Buyer's expense, defend, indemnify, and hold harmless Seller from and against any and all obligations, claims, loss, and damage, including costs and attorneys' fees,
resulting from or related to Buyer's access to the Property.
9. Seller's Representations. Seller hereby represents to Buyer as of the date of this Agreement and as of the Closing as follows:
(a) No Violations. To the best of Seller's knowledge, the Property is not in violation, nor has been or is currently under investigation for violation of any federal,
state, or local laws, ordinances or regulations.
(b) Non-Foreign Person. Seller is not a "foreign person" as that term is defined in the federal Foreign Investment in Real Property Tax Act of 1986, the 1984 Tax Reform Act, as amended, and Section 1455 of the Internal Revenue Code, and applicable regulations and, at Closing, will deliver to Buyer a certificate standing that Seller is not a
"foreign person" as defined in said laws in a form complying with the federal tax law.
(c) Authority. Seller has the authority to enter into and execute this Agreement.
(d) Hazardous Materials. To the best of Seller's actual knowledge, without any special investigation, since Seller acquired the Property, Seller has not caused or
contributed to: (i) any toxic or Hazardous Materials being present on, over, under, or
around the Property, (ii) any present generation, recycling, use, reuse, sale, storage, handling, transport, and/or disposal of any toxic or Hazardous Materials on, over, under, or around the Property, (iii) any failure to comply with any applicable local, state, or federal environmental laws, (iv) any spills, releases, discharges, or disposal of toxic or
Hazardous Material that have occurred or are presently occurring on or onto the Property
or any adjacent properties, or (v) any spills or disposal of toxic or Hazardous Materials that have occurred or are presently occurring off the Property as a result of any construction or operation and use of the Property by Seller. The term "Hazardous Materials" includes, but is not limited to, substances defined as Hazardous Substances as
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defined in the Comprehensive Environmental Response, Compensation and Liability Act,
as amended, the Hazardous Materials Transportation Act, as amended, the Toxic
Substances Control Act, or any other law, statute, rule, or regulation pertaining to the protection of the environment or the health and safety of persons or property. Notwithstanding the foregoing, Buyer understands the Property is adjacent to historic mining claims owned by Buyer and others, and that past or present mining activity on
such claims may or may not have resulted in discharge of Hazardous Materials upon the
Property.
(e) Real Property Taxes. The Property is not subject to real property taxation while in Seller’s ownership.
(f) Leases. The Property is not subject to any leases.
10. As-is Condition. Buyer understands and agrees that the Property is being sold
strictly as is, where is. The Seller does not warrant the Property or its contents in any way. Buyer is relying upon its own inspection of the Property to evaluate the condition of the Property and the suitability of the Property for Buyer's intended use. Buyer acknowledges and agrees that it is purchasing the Property in its as-is, where-is condition, without warranty of any kind,
whether express or implied, except as expressly set forth in this Agreement or in the deed
conveying the property to Buyer. Buyer hereby acknowledges that it is familiar with the Property and shall determine, as part of its inspections hereunder, that it is suitable for its intended purposes and that the opportunity to inspect the Property provided in Section 7 above is sufficient for Buyer to obtain whatever information regarding the condition of the Property that
Buyer may deem necessary to make such determination.
11. Closing. The closing of the sale of the Property from Seller to Buyer (the "Closing") shall take place on or before 60 days after Planned Unit Development approval is granted for Buyer’s intended development of the Property (as described in Paragraph 12), but in no event later than 10 days after Planned Unit Development approval. Closing shall take place at
a location mutually agreed upon. The following actions shall be taken at Closing:
(a) Buyer shall pay to Seller the Purchase Price by certified check, cashier's check, wire transfer, or other immediately available funds acceptable to Seller.
(b) Seller shall convey fee simple title to the Property to Buyer by general warranty deed, subject to the Permitted Exceptions (the "Deed").
(c) At Closing, Seller shall deliver exclusive possession of the Property to
Buyer.
(d) The Parties shall each do or cause to be done such other matters and things as shall be reasonably necessary to close the transaction contemplated herein. Each party shall pay one-half (½) of any charges imposed by the Title Company to prepare the
closing documents and provide similar closing services.
(e) The Parties shall each pay one-half (1/2) of the costs of the Survey.
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12. Conditions upon Closing. The Parties agree that the condition of Buyer’s
obligation to close upon the Property is the approval of PUD/SDP from the planning commission
(the “Development Approvals”) for the Property in such form as is acceptable to Buyer in Buyer’s sole discretion. Seller hereby authorizes Buyer to make application for such approval with respect to the Property. The Buyer acknowledges that Seller, acting through its various boards and commissions, including its governing body, is the agency charged with authority to
approve, approve with conditions, or deny the Development Approvals, based solely upon the
requirements of the Municipal Code. The Parties acknowledge the Seller’s role in this regard and agree the Seller is in no way obligated to act upon the contemplated plat application as a consequence of this Agreement; Seller’s role as owner and seller of the Property being wholly independent of its role as the local government body charged with land use review.
13. Brokerage Commissions. Buyer and Seller each hereby warrant and represent to
the other that it has not dealt with any broker in connection with the transaction contemplated herein.
14. Assignment. This Agreement shall be binding and effective on and inure to the benefit of the successors and assigns of the Parties hereto. Any assignment hereof shall be in
writing and shall require the prior written consent of Seller.
15. Attorneys' Fees. In the event a lawsuit is brought to enforce or interpret all or any portion of this Agreement, the prevailing party in such suit shall be entitled to recover, in addition to any other non-monetary relief available to such party, reasonable costs and expenses, including, without limitation, reasonable attorneys' fees, incurred in connection with such suit.
16. Remedies. In the event of any breach or default under this Agreement by either
party prior to Closing, the non-defaulting party shall, as the non-defaulting party’s only remedy, be entitled to terminate this Agreement. In no event shall either party be entitled to claim or receive any form of damages, including without limitation compensatory, punitive, or economic, including lost profits, in the event of termination or alleged breach of this Agreement, the sole
remedy for the Parties being termination of this Agreement.
17. Notices. All notices provided for herein shall be in writing and shall be deemed given to a party when a copy thereof, addressed to such party as provided herein, is actually delivered, by personal delivery, by commercial courier, or by successful facsimile transmission, at the address of such party as provided below.
If to Buyer: Attn: Kyle Ballew
Dops Sweet Spot LLC 3501 Hoyt St. Wheat Ridge Colorado, 80033
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If to Seller: Patrick Goff, City Manager
City of Wheat Ridge
7500 W. 29th Avenue Wheat Ridge, CO 80033 Fax 303-234-5924
18. Counterparts; Execution. This Agreement may be executed in counterparts and,
when counterparts of this Agreement have been executed and delivered by both of the Parties
hereto, this Agreement shall be fully binding and effective, just as if both of the Parties hereto had executed and delivered a single counterpart hereof. Without limiting the manner in which execution of this Agreement may otherwise be affected hereunder, execution by either Party may be effected by electronic transmission of a signature page hereof executed by such Party. If
either Party effects execution in such manner, such Party shall also promptly deliver to the other
Party the counterpart physically signed by such Party, but the failure of such Party to do so shall not invalidate the execution hereof effected by electronic transmission.
19. Entire Agreement. This Agreement contains the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes all prior
commitments, understandings, warranties, and negotiations, all of which are by the execution
hereof rendered null and void. No amendment or modification of this Agreement shall be made or deemed to have been made unless in writing, executed by the Party or Parties to be bound thereby.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set
forth below intending that it be valid and effective from and after the date first written above.
SELLER: CITY OF WHEAT RIDGE, CCOLORADO
By: _________________________________________
Bud Starker, Mayor
ATTEST:
_______________________________
Margy Greer, Senior Deputy City Clerk
BUYER:
By: _________________________________________
Title: _________________________________________
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EXHIBIT A
Legal Description of the Property A parcel of land in the NW ¼ of Section 27, T3S, R69W of the 6th PM, described as: Lot 3, 38th & Kipling Subdivision, City of Wheat Ridge, Jefferson County, Colorado, excluding therefrom right of way parcels of 15.25 and 19.5 feet in width along the northern boundary
thereof, and a right of way parcel of 1.5 feet in width along the eastern boundary thereof.
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ITEM NO: 5
DATE: December 9, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 26-2024 – AN ORDINANCE APPROVING
AN AMENDMENT TO THE EXISTING PLANNED MIXED-USE DEVELOPMENT (PMUD) ZONING AT CLEAR CREEK CROSSING (CASE NO. WZ-24-01) PUBLIC HEARING ORDINANCES FOR 1ST READING (12/09/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/13/2025) RESOLUTIONS
QUASI-JUDICIAL: YES NO ______________________________ ________________________________
Community Development Director City Manager ISSUE: The applicant is requesting to modify the underlying zoning for certain areas of Clear Creek Crossing to refine allowed uses, setbacks, street, plaza, and multi-modal requirements. The intent
of these changes is to relocate the main restaurant and entertainment district to the western edge of the site and to create a premiere pedestrian corridor to connect users from W. 40th Avenue. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on November 21, 2024, and
recommended approval. The staff report and a copy of the draft Planning Commission minutes will be provided with the second reading materials.
FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $3,100 were collected for the review and processing of Case No. WZ-24-01. If the
development advances, next steps would include Specific Development Plans and building
permits; review fees as well as use tax would be paid as part of those processes.
Council Action Form – Clear Creek Crossing ODP Amendment December 9, 2024
Page 2
BACKGROUND: This request seeks to modify standards in Planning Areas (PAs) 3 and 6, including related to
allowed uses, setbacks, build-to, street, plaza, and multi-modal requirements. The purpose of the
amendment is to relocate the main restaurant and entertainment district of Clear Creek Crossing. It was originally anticipated in Planning Area 3 and is now proposed at the farthest west side of Planning Area 6. With the move, the amendment also requires a premiere pedestrian corridor or ‘paseo’ to connect users from W. 40th Avenue to and through these planning areas.
The property is zoned Planned Mixed-Use Development (PMUD) and more specifically is subject to the Clear Creek Crossing Outlined Development Plan (ODP) and Design Pattern Book (DPB) which were approved by City Council in 2018 (Case No. WZ-16-07). Per Section 26-307 of the municipal code, any change to a development parameter within a planned development is
processed the same as the original approval, meaning this request requires review at public
hearings before Planning Commission and City Council.
Existing Conditions The subject property is commonly known as Clear Creek Crossing, and is located west of
Interstate 70, south of Highway 58, and north of the existing development near 32nd Avenue.
Properties surrounding Clear Creek Crossing have a variety of land uses and zoning designations. To the north is Clear Creek Trail. To the northwest are Coors water storage facilities; those within Wheat Ridge are zoned Planned Commercial Development (PCD). The Applewood Golf Course and a large-lot single-family neighborhood are located to the west and
southwest in unincorporated Jefferson County.
Within Wheat Ridge, directly south of the subject property, land uses are generally highway oriented and include a gas station, hotel, and restaurants, all zoned PCD. Interstate-70 abuts the property to the east and across I-70 to the east is the Applewood Village shopping center with
various retail/restaurant uses.
Proposed Zoning When the applicant proposed moving the restaurant district to the west side of Clear Creek Drive, staff required that an enhanced pedestrian connection between the hospital and the
restaurant district be provided. To that end and to increase visibility and create a comfortable
pedestrian connection, the applicant is proposing an enhanced Crossing Drive ‘paseo’ to prioritize pedestrians through these planning areas and create a unique sense of place. With the pedestrian-oriented district being relocated, the applicant proposes to amend the
purpose and standards of PAs 3 and 6 to:
• Require enhanced pedestrian connections to and through these planning areas,
• Allow freestanding drive thru buildings in PA 3 with limitations,
• Amend PA 3 standards related to setback/build-to and parking locational requirements,
• Add Crossing Drive paseo street sections and standards,
• Expand upon multi-modal requirements, and
• Revise and enhance plaza and gathering area requirements in PA 6.
Council Action Form – Clear Creek Crossing ODP Amendment December 9, 2024
Page 3
Subordinate clean-up items include the request to dissolve the Architectural Control Committee (ACC), adding references to the Lutheran Master Sign Plan in the signage standards, and
revising lighting requirements.
A full analysis of these amendments and the ODP criteria will be provided in the Planning Division staff report at second reading.
RECOMMENDATIONS:
The application in this case is for an amendment to an existing ODP. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10;
Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes
place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant
and all interested parties have their due process rights to a hearing, the City Attorney advises
Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Division staff report and Planning Commission minutes will be included in the City Council packet for the public hearing.
RECOMMENDED MOTION: “I move to approve Council Bill No. 26-2024, an ordinance approving an amendment to the existing Planned Mixed Use Development (PMUD) zoning at Clear Creek Crossing on first reading, order it published by title and in full on the City’s website as provided by the Home
Rule Charter, public hearing set for Monday, January 13, 2025, at 6:30 p.m. as a virtual meeting
and in City Council Chambers, and that it take effect 15 days after final publication.” Or,
“I move to postpone Council Bill No. 26-2024, an ordinance approving an amendment to the
existing Planned Mixed-Use Development (PMUD) zoning at Clear Creek Crossing for the following reasons_____________” REPORT PREPARED/REVIEWED BY:
Stephanie Stevens, Senior Planner
Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 26-2024
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 26
ORDINANCE NO. 1811 Series of 2024 TITLE: AN ORDINANCE APPROVING AN AMENDMENT TO THE EXISTING PLANNED MIXED-USE DEVELOPMENT (PMUD)
ZONING AT CLEAR CREEK CROSSING (CASE NO. WZ-24-01) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and
WHEREAS, Evergreen – Clear Creek Crossing, LLC submitted a land use application for approval of an amendment to the existing Planned Mixed Use Development (PMUD) zoning for property at Clear Creek Crossing; and WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan,
Envision Wheat Ridge, which calls for the site to function as a mixed-use regional destination including restaurant and entertainment uses; and WHEREAS, the existing zoning calls for a primary pedestrian-oriented restaurant and entertainment district to be located in Planning Area 3; and
WHEREAS, the proposed zoning relocates the primary pedestrian-oriented restaurant and entertainment district to the west side of Planning Area 6 to recognize market realities while enhancing the public realm; and
WHEREAS, the zone change criteria support the request; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 21, 2024, and recommended approval of an amendment to the Prospect Park ODP.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Evergreen – Clear Creek Crossing, LLC for
approval of an amendment to the existing Planned Mixed-Use Development (PMUD) zoning at Clear Creek Crossing, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land:
TRACTS A & B, CLEAR CREEK CROSSING SUBDIVISION FILING NO. 3; LOT 1, BLOCK 1, SCL HEALTH LUTHERAN MEDICAL CENTER AT CLEAR CREEK CROSSING; LOT 1, OUTLOOK AT CLEAR CREEK CROSSING SUBDIVISION; LOT 2, BLOCK 4, CLEAR CREEK CROSSING LOT 2 BLK 4 REPLAT; LOT 1,
BLOCK 4, CLEAR CREEK CROSSING BLK 4 REPLAT; LOT 3, BLOCK 4, CLEAR CREEK CROSSING BLK 4 REPLAT; LOT 1, BLOCK 3, KUM & GO AT CLEAR CREEK CROSSING; LOT 2, BLOCK 3, KUM & GO AT CLEAR CREEK
CROSSING; TRACT A, CLEAR CREEK CROSSING RETAIL; LOT 2, BLOCK 2,
CLEAR CREEK CROSSING RETAIL; LOT 1, BLOCK 2, CLEAR CREEK CROSSING RETAIL, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 19, THE SOUTHWEST QUARTER OF SECTION 20, THE NORTHWEST QUARTER OF SECTION 29 AND THE NORTHEAST QUARTER
OF SECTION 30, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this ODP amendment does
not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed. If any section, subsection, or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder.
Section 6. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on
this 9th day of December 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for Monday, January 13, 2025, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2025. SIGNED by the Mayor on this _______ day of _______________, 2025.
______________________________________
Bud Starker, Mayor ATTEST:
_______________________________________ Margy Greer, Deputy City Clerk
Approved as to Form
_______________________________________ Gerald Dahl, City Attorney
1st publication: December 10, 2024 2nd publication: January 14, 2024 Jeffco Transcript: Effective Date: January 29, 2024
ITEM NO: 6
DATE: December 9, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 27-2024 – AN ORDINANCE AMENDING
CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATION OF NATURAL MEDICINE SERVICES AND HEALING CENTERS PUBLIC HEARING ORDINANCES FOR 1ST READING (12/09/24) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/13/24) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ ____________________________
City Attorney City Manager ISSUE: In 2023, the Colorado General Assembly approved the Colorado Natural Medicine Act, creating a regulatory structure for natural medicines and the operation of licensed healing centers. Under
the Act, the City may regulate the time, place and manner of healing centers licensed by the
state, but the City may not prohibit the uses entirely. This ordinance allows healing centers in the City’s commercial, industrial, and mixed-use zone districts in a manner similar to medical offices. The ordinance also memorializes the state-enacted separation from schools and daycares.
PRIOR ACTION:
City Council discussed this topic at a study session on December 2, 2024. FINANCIAL IMPACT: Healing centers would obtain a City business license; a nominal financial impact is expected
based on the nature of the business.
Council Action Form – Natural Medicine December 9, 2024
Page 2
BACKGROUND: The Colorado Natural Medicine Act, codified at CRS 44- 50-101, et seq, creates a regulatory
structure for the operation of licensed facilities for the supervised use of psychedelic mushrooms
by individuals aged 21 and over. The Act creates a state agency responsible for licensing and registration of facilities and related businesses that provide for the use, cultivation, manufacture, and testing of these substances. Further, the state licensing authority will not issue licenses for any building which is within 1000 feet of a childcare center, preschool, elementary, middle,
junior high school, or residential childcare facility.
While the state statute does not require local governments to enact any local regulations of natural medicine businesses, the City has the authority to do so. Under the Act, the City may regulate the time, place, and manner of the operation of healing centers licensed by the state but
may not prohibit the uses entirely. The City may not prohibit licensed health care facilities or
individuals from providing natural medicine services within the City, nor may it prohibit the transportation of natural medicine on public roads within the City. Finally, according to the Act, the City may not impose regulations that are “unreasonable or in conflict with the [Act].”
Based on Council direction provided during the December 2, 2024, study session, this ordinance
defines “healing center” in the zoning code and permits this use in the City’s commercial, industrial, and mixed-use zone district (similar to medical office uses). The code also acknowledges the 1000-foot separation required by the state between healing centers and any school or daycare. This regulatory approach is illustrated in Attachment 2.
RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION:
“I move to approve Council Bill No. 27-2024, an ordinance amending Chapter 26 of the Wheat
Ridge Code of Laws, concerning the regulation of natural medicine services and healing centers, on first reading, order it published, the public hearing set for Monday, January 13, 2025, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect immediately.”
Or,
“I move to postpone indefinitely Council Bill No. 27-2024, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning the regulation of natural medicine services and healing centers, for the following reason(s): _______________________________________.”
REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Lauren Mikulak, Community Development Director Patrick Goff, City Manager
Council Action Form – Natural Medicine December 9, 2024
Page 3
ATTACHMENTS: 1. Council Bill No. 27-2024
2. Map of Proposed Regulatory Approach
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ________
COUNCIL BILL NO. 27 ORDINANCE NO. 1812 Series of 2024
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATION OF
NATURAL MEDICINE SERVICES AND HEALING CENTERS
WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and Article 23 of Title 31 of the Colorado Revised Statutes, the City, acting through its City Council (the “Council”), previously adopted planning and zoning regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws (the “Code”); and
WHEREAS, the Council desires to amend the Code in order to regulate Natural Medicine Services and Healing Centers as defined and regulated within the Colorado Natural Medicine Act of 2022 and the Colorado Natural Medicine Code; and
WHEREAS, these updates to the Code will clarify the defined use and locations where Natural Medicine Services and Healing Centers are permitted.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms
applicable to Chapter 26 of the Code, is amended by the addition of the following definition, in its appropriate alphabetical order:
Healing center. A medical office that: (i) engages in the activities and provides the services of a “healing center” providing “natural medicine services” as both terms are defined in the Colorado Natural Medicine Health Act of 2022, CRS 12-170-101
et seq, as amended and the Colorado Natural Medicine Code, CRS 44-50-101 et seq, as amended; and (ii) that has been licensed by the state of Colorado pursuant to those statutes.
Section 2. The “Table of Uses - Commercial and Industrial Districts” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts, is hereby amended by adding a new row for healing centers as follows:
2
Uses Notes NC RC C-1 C-2 I-E
Healing centers May not be located within
1000 feet of a childcare center, preschool, elementary, middle, junior or high school or a residential childcare facility
P
P
P
P
P
Section 3. The “Permitted Uses” Chart set forth in Section 26-1111 of the Wheat
Ridge Code of Laws, concerning permitted uses in mixed use zone districts, is hereby amended by adding a new row for healing centers as follows:
Permitted Uses
Use Group MU-C MU-C
Interstate
MU-C TOD MU-N
Healing centers (may not be located
within 1000 feet of a childcare center, preschool, elementary, middle, junior or high school or a residential child care facility)
P P P P
Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of
Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that
this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained.
Section 5. Severability: Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 6. Effective Date. This Ordinance shall take effect upon adoption at second
reading, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 9th day of December 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for Monday, January 13, 2025, at 6:30 p.m., as a virtual meeting and in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it take effect
immediately after final publication.
3
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of ______ to ______, this 13th day of January 2025.
SIGNED by the Mayor on this ________ day of ____________________, 2025.
Bud Starker, Mayor
ATTEST:
__ Margy Greer, Senior Deputy City Clerk Approved as to Form
Gerald E. Dahl, City Attorney
First Publication: December 10, 2024
Second Publication: January 14, 2025 Jeffco Transcript: Effective Date: January 14, 2025
Schools, Daycares, and Zoning
This map shows schools and licensed daycares located in Wheat Ridge. The State requires a 1000-foot separate between schools and daycares and any
licensed facility for the supervised use of natural medicine; that 1000-foot separation is shown by the red buer.
The blue shading represents all commercial, industrial, and mixed-use zoning in Wheat Ridge. These zone districts allow medical oce uses.
Rev 11/26/2024
School
Daycare
1000-foot Buer
City Boundary
Commercial, Industrial, and Mixed Use Zoning ATTACHMENT 2
ITEM NO: 7
DATE: December 9, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 28-2024 – AN ORDINANCE APPROVING
AN AMENDMENT TO THE PROSPECT PARK OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 11600 W. 44TH AVENUE (CASE NO. WZ-24-07) PUBLIC HEARING ORDINANCES FOR 1ST READING (12/09/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/13/2025) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Community Development Director City Manager ISSUE: Applewood RV Resort, LLC is requesting approval of an amendment to the Prospect Park Place
ODP at property located at 11600 W. 44th Avenue. The purpose of the request is to amend the existing zoning to expand RV camping uses onto Lot 1, located on the northernmost portion of the site.
PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on November 21, 2024, and
recommended approval. The staff report and a copy of the draft Planning Commission minutes will be provided with the second reading materials.
FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $1,340 were collected for the review and processing of Case No. WZ-24-07. If the
rezoning is approved, the City may benefit from various fees collected depending on how the
property is repurposed in the future, such as building permit fees and use tax. If RV camping is expanded on the site, lodger’s tax would apply to those nightly rentals.
Council Action Form – Proposed ODP Amendment at 11600 W. 44th Avenue December 9, 2024
Page 2
BACKGROUND: The property is located on the south side of W. 44th Avenue, just east of Tabor Street. According
to the Jefferson County Assessor, the site is approximately 271,640 square feet (6.236 acres) in
size and currently contains the Applewood RV Resort. There are multiple buildings located on the northern portion of the property currently used for commercial/retail and offices in addition to the RV parking spaces located on the southern portion of the site.
Current Zoning
The site is zoned Planned Commercial Development (PCD) under the Prospect Park Place ODP which was originally approved in 1984. Adjacent properties to the north are zoned Residential-Three (R-3), Commercial-One (C-1) to the west, and Agricultural-One (A-1) to the south and east. Uses in the vicinity include residential, commercial, and parks/open space.
Proposed Zoning The applicant is requesting an amendment to the existing Prospect Park ODP. The amendment and standards proposed would apply only to Lot 1, Phase II of the site. The original ODP listed an RV park as a permitted use on the southern half (Phase I) of the property but did not
contemplate an expansion of that use to the northern half (Phase II). Because the RV park is not
currently a permitted use in the northern portion of the site, an amendment to the existing ODP is required. Currently, only commercial, retail, and residential uses are permitted in Phase II. The proposed amendment would include an RV park as a permitted use in Phase II of the site.
A full analysis of the ODP criteria will be provided in the Planning Division staff report at
second reading. RECOMMENDATIONS: The application in this case is for an amendment to an existing ODP. This action is quasi-judicial,
and as a result, the applicant is entitled to a public hearing on the application.
As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading.
First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public
hearing, and for this reason, the packet materials provided on first reading are generally limited.
The Planning Division staff report and Planning Commission minutes will be included in the City Council packet for the public hearing. RECOMMENDED MOTION:
“I move to approve Council Bill No. 28-2024, an ordinance for an amendment to the Prospect
Park Place Outline Development Plan at property located at 11600 W. 44th Avenue on first reading, order it published by title and in full on the City’s website as provided by the Home
Council Action Form – Proposed ODP Amendment at 11600 W. 44th Avenue December 9, 2024
Page 3
Rule Charter, public hearing set for Monday, January 13, 2025, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it take effect 15 days after final publication.”
Or, “I move to postpone indefinitely Council Bill No. 28-2024, an ordinance for an amendment to the Prospect Park Outline Development Plan at property located at 11600 W. 44th Avenue.”
REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner II Jana Easley, Planning Manager Lauren Mikulak, Community Development Director
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 28-2024
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 28
ORDINANCE NO. 1813 Series of 2024 TITLE: AN ORDINANCE APPROVING AN AMENDMENT TO THE PROSPECT PARK OUTLINE DEVELOPMENT PLAN FOR
PROPERTY LOCATED AT 11600 W. 44TH AVENUE (CASE NO. WZ-24-07) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and
WHEREAS, Applewood RV Resort, LLC has submitted a land use application for approval of an amendment to the Prospect Park ODP for property located at 11600 W. 44th Avenue; and
WHEREAS, the City of Wheat Ridge has adopted the comprehensive plan, which designate the site as “Neighborhoods” and W. 44th Avenue as a “Neighborhood Commercial Corridor”, encouraging neighborhood revitalization and a mix of uses in the area; and
WHEREAS, an amendment to the ODP would encourage revitalization of the site
and will enable the development to add value to the area through high-quality and thoughtful design; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on November 21, 2024, and recommended approval of an amendment to the Prospect
Park ODP. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by the City of Wheat Ridge for approval of an amendment to the Prospect Park ODP for property located at 11600 W. 44th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, an ODP
amendment is approved for the following described land: LOTS 1 AND 2, PROSPECT PARK PLACE MINOR SUBDIVISION-REPLAT OF LOTS 2 AND 3, COUNTY OF JEFFERSON, STATE OF COLORADO.
Section 2. Vested Property Rights. Approval of this ODP amendment does
not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and
welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained.
Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 6. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 9th day of December 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration
on final passage set for Monday, January 13, 2024, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _____ to _____, this _____ day of ___________, 2025.
SIGNED by the Mayor on this _______ day of _______________, 2025.
______________________________________ Bud Starker, Mayor ATTEST:
_______________________________________ Margy Greer, Deputy City Clerk Approved as to Form
_______________________________________ Gerald Dahl, City Attorney
1st publication: December 10, 2024 2nd publication: January 14, 2024 Jeffco Transcript:
Effective Date: January 29, 2024
ITEM NO: 8
DATE: December 9, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE INSTALLATION OF
TRAFFIC CALMING DEVICES ON 41ST AVE, NELSON STREET, QUAY STREET, AND TELLER STREET, IN ACCORDANCE WITH THE REQUIREMENTS OF THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager
ISSUE: During the 2024 Neighborhood Traffic Management Program (NTMP), four roadway segments met the criteria to receive traffic calming based on the program’s eligibility requirements. These four projects will be constructed in 2025.
PRIOR ACTION: None
FINANCIAL IMPACT:
The 2025 Capital Improvement Program Budget has allocated funds for the construction of
speed humps, striping, and signage on 41st Avenue, Nelson Street, Quay Street, and Teller Street, estimating a total cost of $140,000. The 2025 budget includes $150,000 for the NTMP program. BACKGROUND:
In 2023, the NTMP program was redesigned to streamline the program, to improve accessibility
for residents, to refine eligibility requirements, and to establish more predictable annual timeline. The program is comprised of six phases: 1. Enrollment (January through March) 2. Analysis (April and May)
Council Action Form – 2024 NTMP Segments December 9, 2024
Page 2
3. Planning and budgeting (summer) 4. Engagement with applicants (summer/fall)
5. Council approval (late fall/winter)
6. Construction (spring/summer of the following year) In total, during January through March, 19 segments reached out to the City and expressed interest in participating in the 2024 NTMP. Of those, 10 segments were able to receive 50%
support from their neighbors via paper signatures or the online submission form, to be able to
continue into the traffic study phase of the program. During April and May, seven-day traffic studies were completed on the 10 supported segments (increased from the prior programs three-day study). The field information was analyzed
together with crash information received from the Wheat Ridge Police Department to determine
the level of calming each segment might be eligible for. Four segments were found to have met the eligibility requirements:
• 41st Avenue from Harlan Street to Pierce Street,
• Nelson Street from 35th Avenue to 38th Avenue,
• Quay Street from 38th Avenue to 41st Avenue, and
• Teller Street from 29th Avenue to 32nd Avenue.
Engineering Staff designed traffic calming plans appropriate for each segment. The calming
plans have been reviewed by the Public Works Department and are attached. A snapshot of all segments that were analyzed as part of the 2024 NTMP program are attached as Exhibit E. A letter containing segment-specific plans and a notification of an open house was sent in early
October to eligible segments. Residents were given a chance to provide feedback and voice
concerns during a two-week comment period, including via phone, email, and an open house on October 30. Eight comments were received during the comment period. Six were positive, thanking the City
for responding to concerns and expressing appreciation for the plans designed. One comment on
the 41st Ave design asked to adjust the location of one of the locations; this comment was considered but was ultimately not achievable under the design constraints. The final comment, received on the Quay St design, was against the permanent installation of humps and instead requested the City consider the placement of temporary humps. This was noted and considered
but due to the proximity to schools, staff determined that the community could be better served
with a more permanent solution. The NTMP policy requires that Council approve proposed traffic-calming projects. If approved, the project is anticipated to be bid in the spring of 2025 with construction later that summer. The
2025 budget includes $150,000 for the NTMP program which is anticipated to cover the costs of
the four segments. RECOMMENDATIONS: Residents along 41st Avenue (Harlan to Pierce), Nelson Street (35th to 38th), Quay Street (38th to
41st) and Teller Street (29th to 32nd) have met the 50% resident approval requirement and the
Council Action Form – 2024 NTMP Segments December 9, 2024
Page 3
eligibility requirements outlined in the NTMP program. Staff recommends proceeding with the calming installations on both streets.
RECOMMENDED MOTION: “I move to approve installation of traffic calming devices on 41st Avenue, Nelson Street, Quay Street, and Teller Street in accordance with the requirements of the Neighborhood Traffic Management Program.”
Or, “I move to deny installation of traffic calming devices on 41st Avenue, Nelson Street, Quay Street, and Teller Street in accordance with the requirements of the Neighborhood Traffic
Management Program for the following reason(s)___________________________.” REPORT PREPARED/REVIEWED BY: Scott Jones, Engineer Technician III Rocky Macsalka, Engineering Manager
Lauren Mikulak, Director of Community Development
Patrick Goff, City Manager ATTACHMENTS: 1. Exhibit A: 41st Avenue Speed Hump Exhibit
2. Exhibit B: Nelson Street Speed Hump Exhibit
3. Exhibit C: Quay Street Speed Hump Exhibit 4. Exhibit D: Teller Street Speed Hump Exhibit 5. Exhibit E: 2024 NTMP Snapshot
EXHIBIT A
41st Ave Speed Hump Exhibit
ATTACHMENT 1
NTMP 2024 - 41st - Harlan to Pierce
NTMP 2024 - 41st - Harlan to Pierce
SAWCUT AND SEAL JOINTS
3" DEEP @ 4'-6" O.C.
CROWN NOTE:TO GRADE BREAK @ CROWN
OF STREET
TOOLED JOINTS1" DEEP @ 2'-0"
O.C. N-S & 2'-3"
O.C. E-W
A COLORED CONCRETE
(DAVIS TILE RED) WITH
STAMPED PATTERN(ENGLISH SLATE)
1:12 1:12
SLOPE SLOPE
13'-6"*13'-6"*
3'27'*
33'*
PLAN VIEW
A
NOTES:
1. *SPEED HUMP WIDTHS MAY VARY DEPENDING ON LOCATION OF INSTALL
AND AVAILABLE CLEARANCES
A. SPEED HUMP SHALL EXTEND TO EDGE OF PAVEMENT OR LIP OF
GUTTER PAN
2. SEE PLANS FOR LOCATIONS.
3"3'
14'
8'3'10"
SUBGRADE COMPACTED TO MINIMUM
DENSITY PER SOIL CLASSIFICATION,
CDOT SECTION 203.07.
#4 GR 60 EPOXY COATEDREBAR 30" LONG @ 2'-0" OC
CENTER PORTION TO BE
COLORED CONCRETE, DAVIS
TILE RED.
SECTION A-A
DETAIL
CODE
C-F02 SPEED HUMP
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION APPROVED BY:SN APPROVE DATE 1/2019
C
3'
3'
14
'
8'
3'
NTMP 2024 - 41st - Harlan to Pierce
EXHIBIT B
Nelson St Speed Hump Exhibit
ATTACHMENT 2
NTMP 2024 - Nelson - 35th to 36th
SAWCUT AND SEAL JOINTS
3" DEEP @ 4'-6" O.C.
CROWN NOTE:TO GRADE BREAK @ CROWN
OF STREET
TOOLED JOINTS1" DEEP @ 2'-0"
O.C. N-S & 2'-3"
O.C. E-W
A COLORED CONCRETE
(DAVIS TILE RED) WITH
STAMPED PATTERN(ENGLISH SLATE)
1:12 1:12
SLOPE SLOPE
13'-6"*13'-6"*
3'27'*
33'*
PLAN VIEW
A
NOTES:
1. *SPEED HUMP WIDTHS MAY VARY DEPENDING ON LOCATION OF INSTALL
AND AVAILABLE CLEARANCES
A. SPEED HUMP SHALL EXTEND TO EDGE OF PAVEMENT OR LIP OF
GUTTER PAN
2. SEE PLANS FOR LOCATIONS.
3"3'
14'
8'3'10"
SUBGRADE COMPACTED TO MINIMUM
DENSITY PER SOIL CLASSIFICATION,
CDOT SECTION 203.07.
#4 GR 60 EPOXY COATEDREBAR 30" LONG @ 2'-0" OC
CENTER PORTION TO BE
COLORED CONCRETE, DAVIS
TILE RED.
SECTION A-A
DETAIL
CODE
C-F02 SPEED HUMP
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION APPROVED BY:SN APPROVE DATE 1/2019
C
3'
3'
14
'
8'
3'
NTMP 2024 - Nelson - 35th to 36th
EXHIBIT C
Quay St Speed Hump Exhibit
ATTACHMENT 3
NTMP 2024 - Quay - 38th to 41st
6"x6" PRESSURETREATED TIMBER POST
2" BEVEL AT 45° ANGLE
7"4"
DRILL 2"Ø HOLEPERPENDICULAR
TO TRAVEL OF
TRAFFIC
2'-6"
1'
1" CROWN
4"
1/2" INDENT
3" WIDE WHITE (TO FACE TRAFFIC) REFLECTOR
FIXES WITH SCREWS OR APPROVED EQUAL. 3"
WIDE RED REFLECTOR (FOR OPPOSITE TRAVEL
DIRECTION) ON OPPOSITE SIDE
NOT TO SCALE: 2' CLEARANCE TO EDGE OF PAVEMENT
3'
1'
COMPACTED BACKFILLMATERIAL AROUND POST
NOTES:1. POST MAY BE STAINED, COLOR TO BE DETERMINED BY ENGINEER.
2. SEE PLANS FOR LOCATIONS. BOLLARDS MAY NOT BE REQUIRED IF
SPEED HUMP IS ADJACENT TO CURB AND GUTTER.
BREAKAWAY SPEEDHUMP BOLLARD
PLAN VIEW
T-H03 BRK.SB.MARK
DETAIL
CODE
BREAKAWAY SPEEDHUMP BOLLARD
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION APPROVED BY:REM APPROVE DATE 10/23
T
SAWCUT AND SEAL JOINTS
3" DEEP @ 4'-6" O.C.
CROWN NOTE:TO GRADE BREAK @ CROWN
OF STREET
TOOLED JOINTS1" DEEP @ 2'-0"
O.C. N-S & 2'-3"
O.C. E-W
A COLORED CONCRETE
(DAVIS TILE RED) WITH
STAMPED PATTERN(ENGLISH SLATE)
1:12 1:12
SLOPE SLOPE
13'-6"*13'-6"*
3'27'*
33'*
PLAN VIEW
A
NOTES:
1. *SPEED HUMP WIDTHS MAY VARY DEPENDING ON LOCATION OF INSTALL
AND AVAILABLE CLEARANCES
A. SPEED HUMP SHALL EXTEND TO EDGE OF PAVEMENT OR LIP OF
GUTTER PAN
2. SEE PLANS FOR LOCATIONS.
3"3'
14'
8'3'10"
SUBGRADE COMPACTED TO MINIMUM
DENSITY PER SOIL CLASSIFICATION,
CDOT SECTION 203.07.
#4 GR 60 EPOXY COATEDREBAR 30" LONG @ 2'-0" OC
CENTER PORTION TO BE
COLORED CONCRETE, DAVIS
TILE RED.
SECTION A-A
DETAIL
CODE
C-F02 SPEED HUMP
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION APPROVED BY:SN APPROVE DATE 1/2019
C
3'
3'
14
'
8'
3'
NTMP 2024 - Quay - 38th to 41st
EXHIBIT D
Teller St Speed Hump Exhibit
ATTACHMENT 4
NTMP 2024 - Teller - 29th to 32nd
6"x6" PRESSURETREATED TIMBER POST
2" BEVEL AT 45° ANGLE
7"4"
DRILL 2"Ø HOLEPERPENDICULAR
TO TRAVEL OF
TRAFFIC
2'-6"
1'
1" CROWN
4"
1/2" INDENT
3" WIDE WHITE (TO FACE TRAFFIC) REFLECTOR
FIXES WITH SCREWS OR APPROVED EQUAL. 3"
WIDE RED REFLECTOR (FOR OPPOSITE TRAVEL
DIRECTION) ON OPPOSITE SIDE
NOT TO SCALE: 2' CLEARANCE TO EDGE OF PAVEMENT
3'
1'
COMPACTED BACKFILLMATERIAL AROUND POST
NOTES:1. POST MAY BE STAINED, COLOR TO BE DETERMINED BY ENGINEER.
2. SEE PLANS FOR LOCATIONS. BOLLARDS MAY NOT BE REQUIRED IF
SPEED HUMP IS ADJACENT TO CURB AND GUTTER.
BREAKAWAY SPEEDHUMP BOLLARD
PLAN VIEW
T-H03 BRK.SB.MARK
DETAIL
CODE
BREAKAWAY SPEEDHUMP BOLLARD
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION APPROVED BY:REM APPROVE DATE 10/23
T
SAWCUT AND SEAL JOINTS
3" DEEP @ 4'-6" O.C.
CROWN NOTE:TO GRADE BREAK @ CROWN
OF STREET
TOOLED JOINTS1" DEEP @ 2'-0"
O.C. N-S & 2'-3"
O.C. E-W
A COLORED CONCRETE
(DAVIS TILE RED) WITH
STAMPED PATTERN(ENGLISH SLATE)
1:12 1:12
SLOPE SLOPE
13'-6"*13'-6"*
3'27'*
33'*
PLAN VIEW
A
NOTES:
1. *SPEED HUMP WIDTHS MAY VARY DEPENDING ON LOCATION OF INSTALL
AND AVAILABLE CLEARANCES
A. SPEED HUMP SHALL EXTEND TO EDGE OF PAVEMENT OR LIP OF
GUTTER PAN
2. SEE PLANS FOR LOCATIONS.
3"3'
14'
8'3'10"
SUBGRADE COMPACTED TO MINIMUM
DENSITY PER SOIL CLASSIFICATION,
CDOT SECTION 203.07.
#4 GR 60 EPOXY COATEDREBAR 30" LONG @ 2'-0" OC
CENTER PORTION TO BE
COLORED CONCRETE, DAVIS
TILE RED.
SECTION A-A
DETAIL
CODE
C-F02 SPEED HUMP
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION APPROVED BY:SN APPROVE DATE 1/2019
C
3'
3'
14
'
8'
3'
NTMP 2024 - Teller - 29th to 32nd
EXHIBIT E
2024 NTMP Snapshot
ATTACHMENT 5
Neighborhood Traffic Management Program (NTMP) 2024 Snapshot
This year, the City of Wheat Ridge received a record number of 19 inquiries into the NTMP, and of those,
ten were able to collect the signatures required to move into the traffic study phase. Below is a snapshot
of the data from each of those ten segments.
When examining speeding, we use what’s called the 85th percen�le speed, referred to in this context as
the V85, as a primary indicator used for most traffic calming inquiries. This value indicates the speed at
which or below 85% of vehicles are travelling. For example: the V85 for the fastest segment this year was
Nelson St from 35th to 36th at 34.11mph. This means that 85% of studied vehicles on Nelson were
travelling at 34.11mph or less. This V85 number is then compared to the speed limit of the street --
25mph in the case of all segments this year. Four of the segments studied indicated a significant
speeding issue and can be seen highlighted in the atached report.
The 2024 NTMP segments are listed in order of the 85th percen�le speed. Four of this year’s segments
indicated significant speeding issues and will receive permanent traffic calming pending funding and
council approval.
ITEM NO: 9
DATE: December 9, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 51-2024 - A RESOLUTION AMENDING
THE FISCAL YEAR 2024 2E BUDGET IN THE AMOUNT OF $9,404,727 TO DEFEASE THE 2017 BONDS AND TRANSFER REMAINING FUNDS TO THE CAPITAL IMPROVEMENT PROGRAM FUND PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________
Deputy City Manager City Manager ISSUE: The 2E fund, established to separate and track revenues and expenditures commensurate with the 2017 sales tax bond issuance, has a remaining balance of approximately $12.6 million. In
discussions with Council prior to the 2J bond issuance, it was agreed that $7.4 million would be used to pay down the 2017 bonds and approximately $5.2 million would be transferred to the CIP Fund to defray remaining costs of the Improve Wadsworth project. This resolution authorizes the necessary supplemental appropriations to defease the remaining debt service on the 2017 bonds, complete the transfer to the CIP Fund and close the 2E Fund.
PRIOR ACTION: This resolution aligns with the 2025 Budget, adopted by City Council on November 25, 2024. The approximate amounts of the debt service payoff and transfer to CIP were discussed with City Council during the 2J bond ordinance public hearing on September 9, 2024.
FINANCIAL IMPACT: This resolution aligns with the 2025 budget and is specifically reflected in the “2024 Estimated” category of the 2E and CIP budgets.
Council Action Form – 2E Budget Supplemental and Close December 9, 2024
Page 2
BACKGROUND: When the 2017 sales tax bonds were sold, the City created a new fund, the 2E Fund, to track revenues pledged to bond debt service and expenditures related to four 2E projects: Wadsworth
Boulevard, Clear Creek Crossing, Anderson Park and Ward Station. As the 2E revenue
collection was nearing its $38.5 million cap, Council placed a question on the 2023 ballot asking Wheat Ridge voters to extend the half cent sales tax approved by the voters in 2016 and increase debt up to $75 million. That initiative passed, and Council approved the bond ordinance to issue bonds on September 9, 2024. The first tranche of bonds closed in October 2024 yielding $33.3
million in project funds.
At the time of the October 2024 bond issuance, the 2E fund had a remaining fund balance of approximately $12.6 million. In the course of the work to issue the new 2J revenue bonds, it became clear it was financially prudent for the City to use approximately $7.4 million of the 2E
balance to defease (pay off) a portion of the outstanding 2017 bond indebtedness and transfer
approximately $5.2 million to the CIP Fund to help defray remaining costs of the Improve Wadsworth project. The remaining $5 million of debt service to the 2017 bonds was refunded (included) in the 2024 bond issuance.
A new fund, the Next Chapter 2J Fund, was established on November 25, 2024. This fund will
track all pledged revenues (bond proceeds, the extended half cent sales and use tax, interest earnings, etc.) and expenditures (project spending, administrative costs, debt service, etc.) associated with the new revenue bonds.
Should Council approve this resolution, disbursements will be made from the 2E Fund as
directed, the Fund will close, and all revenue and expenditures associated with the 2024 bond series will be tracked in the Next Chapter 2J Bond Fund. RECOMMENDATIONS:
Staff recommends approval of the resolution. RECOMMENDED MOTION: “I move to approve the Resolution No 51-2024, a resolution amending the fiscal year 2024 2E budget in the amount of $9,404,727 to defease the 2017 bonds and transfer
remaining funds to the Capital Improvement Program Fund,”
Or, “I move to deny Resolution No 51-2024 for the following reason(s) __________.”
REPORT PREPARED/REVIEWED BY: Mark Colvin, Finance Manager Allison Scheck, Deputy City Manager Patrick Goff, City Manager
Council Action Form – 2E Budget Supplemental and Close December 9, 2024
Page 3
ATTACHMENTS: 1. Resolution No 51-2024
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 51 Series of 2024
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2024 2E BUDGET IN THE AMOUNT OF $9,404,727 TO DEFEASE THE 2017 BONDS AND TRANSFER REMAINING FUNDS TO THE CAPITAL
IMPROVEMENT PROGRAM BUDGET WHEREAS, in 2023, Wheat Ridge voters continued the half cent sales tax originally authorized in 2017 to provide for transformative investments in infrastructure; and
WHEREAS, City Council established a new fund, the 2J Next Chapter Bond Fund, to separate the revenues and expenditures associated with the extended half cent sales tax; and
WHEREAS, the 2E Fund, established to separate the revenues and
expenditures associated with the 2017 bonds, has a remaining balance of $12.6 million; and WHEREAS, City Council desires to allocate $7.4 million of remaining 2E funds to
defease the majority of the 2017 bonds, transfer the remaining $5.2 million balance to the CIP Fund and close the 2E Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
Section 1. A supplemental appropriation in the amount of $4,107,033 is hereby approved from the 2E Fund undesignated reserves to account 31-610-900-901 to defease the remaining principal on the 2017 bonds.
Section 2. A supplemental appropriation in the amount of $48,583 is hereby approved from the 2E Fund undesignated reserves to account 31-610-900-902 to defease the remaining interest on the 2017 bonds. Section 3. A supplemental appropriation in the amount of $5,249,111 is hereby
approved from the 2E Fund undesignated reserves to account 31-610-890-892 to be transferred to the Capital Improvement Program account 30-590-00-592. Section 4. Upon payment of the remaining debt service, the 2E Fund is hereby closed with an ending fund balance of $0.00.
DONE AND RESOLVED this 9th day of December 2024.
________________________________ Bud Starker, Mayor ATTEST:
____________________________ Steve Kirkpatrick, City Clerk
ITEM NO: 10
DATE: December 9, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO ACCEPT THE TRANSFER OF
PROPERTY FROM THE MILE HIGH FLOOD DISTRICT FOR A PARCEL OF PROPERTY ALONG CLEAR CREEK ON THE WEST SIDE OF KIPLING STREET
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _____________________________
Parks and Recreation Director City Manager ISSUE: The Mile High Flood District and City staff have recently been working with the property owner of 4131 Kipling Street to acquire a portion of the parcel which is located within the Clear Creek
floodway. The floodway is a critical area within the floodplain which cannot be developed and is essential to carry flood flows. Acquiring this property allows the City to manage flood risk, protect the floodway’s functionality, and provide trailhead improvements.
PRIOR ACTION:
None
FINANCIAL IMPACT: For acquisition, the only cost to the City has been a land survey plat ($12,520 from Fund 32), staff time, and City Attorney’s fees. Maintenance of the property will be the responsibility of the
City. BACKGROUND: The owners of 4131 Kipling St reached out to see if the City would be interested in acquiring a portion of their property, that is encompassed by a large floodway portion of Clear Creek; this is
Council Action Form – 4131 Kipling St Land Acquisition December 9, 2024
Page 2
shown as “Parcel A” in Attachment 2. The floodway is the most restrictive portion of the floodplain as it conveys the flood flows for Clear Creek. The City benefits from owning this
parcel by having more of the floodway in public ownership so the City can better manage flood
risk. City ownership also prevents the parcel from being diminished in its use for drainage, flood control mitigation, and allows for appropriate long-term maintenance, which will be completed by the Mile High Flood District (MHFD). City ownership also means the land will be available for trailhead improvements to the north of the property without impacting the floodway.
A land survey was completed in June 2024, and the parcel boundaries were finalized on November 5, 2024. Exhibit B shows an access easement at Kipling Street has been retained over the existing property and the parcel to be conveyed.
Negotiations were completed in October 2024 with a final price of $375,000 for the 32,128-
square foot parcel. All of the pre-acquisition costs were covered by MHFD using their Floodplain Acquisition Program. The closing was completed in October 2024 with the parcel being transferred from the owners of 4131 Kipling Street to MHFD. MHFD is completing site remediation and minor demolition work in November 2024 to prepare the area for future trail
access. City Council needs to officially accept the property from MHFD for the transfer to take
place to City ownership. RECOMMENDATIONS: Staff recommends the City accept the transfer of the parcel from MHFD.
RECOMMENDED MOTION: “I move to accept the transfer of property from the Mile High Flood District for a parcel of property along Clear Creek on the west side of Kipling Street.”
Or,
“I move to deny the transfer of property from the Mile High Flood District for a parcel along Clear Creek on the west side of Kipling St for the following reason(s)__________.”
REPORT PREPARED/REVIEWED BY:
Scott Jones, Engineer Technician III Rocky Macsalka, Engineering Manager Karen O’Donnell, Director of Park & Recreation Patrick Goff, City Manager
ATTACHMENTS: 1. Attachment 1: Exhibit A - Aerial View of 4131 Kipling St 2. Attachment 2: Exhibit B - Land Survey Plat 3. Attachment 3: Exhibit C - Warranty Deed – Property Owner to MHFD
4. Attachment 4: Exhibit D - Warranty Deed – MHFD to City
5. Attachment 5: PowerPoint Presentation
EXHIBIT A
AERIAL VIEW OF 4131 KIPLING ST
ATTACHMENT 1
EXHIBIT B
LAND SURVEY PLAT
ATTACHMENT 2
Found #5 rebar, bent
Found #4 rebar, no cap
0.4' above ground
Found #4 rebar with 1.5" aluminum cap
stamped "Open Space PLS 27612"
Found #4 rebar, no cap
Found #4 rebar with illegible
1" yellow plastic cap
Found #4 rebar with 1.5" aluminum cap
stamped "Open Space PLS 27162"
Found #4 rebar with illebible
1.5" yellow plastic cap
Commissioner's Deed
Rec. No. 94119536
7/12/1994
City of Wheat Ridge
Green Valley Subdivision
Rec. No. 2024063270
10/22/2024
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NE 1/4 SE 1/4
SECTION 21
T3S, R69W
6TH PRINCIPAL MERIDIAN
45.00'
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S89°27'10"W 253.87'
25.91'100.01'200.13'64.95'35.06'
32
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S89°27'10"W 253.85'
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Set MAG nail with
1.25" aluminum washer
stamped "HCL PLS 38351"
Set No. 5 rebar, 18" long,
with blue plastic cap stamped
"HCL PLS 38351"
Set No. 5 rebar, 18" long,
with blue plastic cap stamped
"HCL PLS 38351"
1' W.C.
Set No. 5 rebar, 18" long,
with blue plastic cap stamped
"HCL PLS 38351"
Found MAG nail with
1" illegible washer
Rec. No. 2024063270
10/22/2024
Found 3.25" brass cap stamped
"City of Wheat Ridge Survey Monument
LS 13212 1/4 S21 S22 T3S R69W
1984 Unlawful to Disturb"
Point No. 14409
N: 1707973.17
E: 3109723.24
Point of Commencement
Found 2.5" brass cap, stamped
"S 1/16 S21 S22 T3S R69W
1991 PLS 27278"
Point No. 160006
N: 1706658.32
E: 3109725.14
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HCL ENGINEERING & SURVEYING, L.L.C.
5975 S. QUEBEC ST, SUITE 200
CENTENNIAL, CO 80111
PHONE: 303.773.1605
FAX: 303.773.3297
WWW.HCLENGINEERING.COM
GENERAL NOTES
1.Any person who knowingly removes, alters or defaces any public land survey monument or land boundary
monument or accessory commits a class two (2) misdemeanor pursuant to State Statue 18-4-508, C.R.S.
2.Basis of bearing: The east line of Section 21, monumented at the east quarter corner with a found 3.25"
brass cap stamped "City of Wheat Ridge Survey Monument LS 13212 1/4 S21 S22 T3S R69W 1984
Unlawful to Disturb" and monumented at the south 1/16 section corner with a found 2.5" brass cap stamped
"S 1/16 S21 S22 T3S R69W 1991 PLS 27278" , said bearing is S00°05'14"E, as shown Hereon.
3.Date of field survey: 06/19/2024
4.Certification not valid without the original seal and signature. This survey and all related documents are for
the sole use of the client at the date of certification.
5.Notice: According to state law you must commence any legal action based upon any defect in this survey
within three years after you first discover such defect. In no event may any action based upon any defect in
this survey be commenced more than ten years from the date of the certificate shown hereon
6.This survey does not constitue a title search by HCL Engineering & Surveying, LLC, to determine ownership
or easements of record. For all information regarding easement, right-of-way and title of record, HCL
Engineering & Surveying, LLC relied upon title commitment No. 10111A2024, dated May 31, 2024, prepared
by H.C. Peck & Associates, Inc.
7.All linear measurements are in U.S. survey feet.
8.No reproduction shall be made without the prior written consent of HCL Engineering & Surveying, LLC.
LEGAL DESCRIPTION (4131 Kipling St):
Being a portion of parcel of land described at Reception No. 2024063270, recorded on
10/22/2024, in the Jefferson County Clerk & Recorder's Office, located in the Northeast
Quarter of the Southeast Quarter of Section 21, Township 3 South, Range 69 West of the
Sixth Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, being
more particularly described as follows:
Commencing at the South 1/16 Section corner between Sections 21 and 22, being
monumented with a found 2.5" brass cap stamped "S 1/16 S21 S22 T3S R69W 1991 PLS
27278", Thence N00°15'14"W, a distance of 328.56 feet to easterly extension of the south line
of that parcel of land described at said Reception No. F0302531, Thence S89°27'10"W a
distance of 45.00 feet to the to the southwest corner of a parcel of land described as Parcel
133 in Book 2178 Page 564 for Colorado Department of Transportation Project No. U 044-1(3)
Sec. 2 and the Point of Beginning.
Thence continuing S89°27'10"W along the south line of said parcel of land described at
Reception No. F0302531, a distance of 253.87 feet;
Thence N00°04'39"W a distance of 113.87 feet;
Thence S89°27'10"W a distance of 253.85 feet to the westerly right-of-way line of Kipling St
and the westerly line of that parcel of land described in Book 2178 Page 564;
Thence S00°05'14"E along said westerly right-of-way line and along said westerly line of Book
2178 Page 564, a distance of 113.87 feet to the Point of Beginning;
Containing 28,906 sq. ft. or 0.664 acres ±
DEPOSITING CERTIFICATE
DEPOSITED THIS ____ DAY OF _________, 20__ AT __O'CLOCK __ M. IN BOOK ________ OF
LAND SURVEY PLATS AT PAGE ________, OF THE RECORDS OF XXXXXXXXX COUNTY,
COLORADO.
SIGNED: __________________________
TITLE: ___________________________
BY: ______________________________
SURVEYOR'S CERTIFICATION
I, Jon Spirk, a registered Professional Land Surveyor in the state of Colorado, have affixed my stamp and
signature representing that the surveying services addressed hereon have been performed by me or under my
responsible charge, and are based upon the professional surveyor's knowledge, information, belief and is in
accordance with applicable standards of practice.
____________________________________________________
Jon Spirk P.L.S.
Colorado Reg. No. 38351 for and on behalf of
HCL Engineering and Surveying, LLC
The word "Certification" and/or "Certify" as shown and used hereon means an expression of professional opinion
regarding the facts of the survey and does not constitute a warranty or guarantee, expressed or implied.
Drawn By:
Checked By:
Sheet Number:of
XXXDate:
Job Number:
LAND
SURVEY PLAT
4131 Kipling St.
Wheat Ridge, CO. 80033
1 1
240089 JNS
11-05-2024
LAND SURVEY PLAT
Located in the Northeast Quarter of the Southeast Quarter of Section 21,
Township 3 South, Range 69 West of the 6th Principal Meridian,
City of Wheat Ridge, County of Jefferson, State of Colorado
LEGAL DESCRIPTION (Parcel A):
Being a portion of parcel of land described at Reception No. 2024063270, recorded on
10/22/2024, in the Jefferson County Clerk & Recorder's Office, located in the Northeast
Quarter of the Southeast Quarter of Section 21, Township 3 South, Range 69 West of the
Sixth Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, being
more particularly described as follows:
Commencing at the South 1/16 Section corner between Sections 21 and 22, being
monumented with a found 2.5" brass cap stamped "S 1/16 S21 S22 T3S R69W 1991 PLS
27278", Thence N00°15'14"W, a distance of 328.56 feet to easterly extension of the south line
of that parcel of land described at said Reception No. F0302531, Thence S89°27'10"W a
distance of 45.00 feet to the to the southwest corner of a parcel of land described as Parcel
133 in Book 2178 Page 564 for Colorado Department of Transportation Project No. U 044-1(3)
Sec. 2, Thence N00°05'14"W along the westerly right-of-way line of Kipling St and along said
westerly line of Book 2178 Page 564, a distance of 113.87 feet to the Point of Beginning.
Thence S89°27'10"W through said parcel of land described at Reception No. F0302531, a
distance of 253.85 feet;
Thence S00°04'39"E a distance of 113.87 feet to the south line of said Reception No.
F0302531;
Thence S89°27'10"W along said south line, a distance of 155.05 feet to the easterly line of a
parcel of land described at Reception No. 94119536;
Thence along the easterly and southerly lines of said Reception No. 94119536 the following
two (2) courses:
1.N00°04'39"W a distance of 153.87 feet
2.N89°27'10"E a distance of 408.89 feet to the westerly right-of-way line of Kipling St and the
westerly line of said Book 2178 Page 564
Thence S00°05'14"E along said westerly right-of-way line and along said westerly line of Book
2178 Page 564, a distance of 40.00 feet to the Point of Beginning;
Containing 34,128 sq. ft. or 0.783 acres ±
VICINITY MAP
Not to Scale
43rd Ave
43rd Ave
43rd Ave
43rd Ave
Ki
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Clear C
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Wheat Ridge
Greenbelt Open Space
Cle
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C
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Monument Found
As Described Hereon
Easement
Boundary
Section Corner Found
See Survey Project Control Table
Section Line
Monument Set
As Described Hereon
LEGEND
0
SCALE: 1" =
40 40 80
40'
11/05/2024
EXHIBIT C
WARRANTY DEED – PROPERTY OWNER TO MHFD
ATTACHMENT 3
EXHIBIT D
WARRANTY DEED – MHFD TO CITY
ATTACHMENT 4
SPECIAL WARRANTY DEED
THIS DEED, made this ______ day of November, 2024, between the URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT d/b/a MILE HIGH FLOOD DISTRICT, a body corporate and a politic
subdivision of the State of Colorado and a municipal corporation, of the City and County of Denver,
State of Colorado, Grantor and The City of Wheat Ridge, a Colorado municipal corporation, State of
Colorado whose legal address is City of Wheat Ridge City Hall, 7500 W. 29th Ave., Wheat Ridge, CO
80033, Grantee;
WITNESSETH, That Grantor, for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant,
bargain, sell, convey, and confirm, unto Grantee, and Grantee’s successors and assigns forever, all
the real property, together with all improvements, if any, situate, lying and being in the County of
Jefferson, State of Colorado, described as follows:
See Exhibit “A” attached hereto and incorporated herein by reference
As further described in that Special Warranty deed dated on October 21, 2024 and
recorded on October 22, 2024 in the records of the Clerk and Recorder of Jefferson
County Colorado at Reception No. 20244063270 and
Further described in the Land Survey Plat attached hereto and incorporated herein
by reference and marked Exhibit “B”.
also known by street and number as: vacant land
GRANTEE BY ACCEPTING AND RECORDING THIS SPECIAL WARRANTY DEED AGREES THAT
THE EXHIBIT “A” PROPERTY SHALL NOT BE USED FOR ANY PURPOSE THAT WILL DIMINISH OR
PRECLUDE ITS USE FOR DRAINAGE AND FLOOD CONTROL MITIGATION PURPOSES NOR SHALL IT
DISPOSE OF OR CHANGE ITS USE WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTOR.
TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging,
or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents,
issues, and profits thereof; and all the estate, right, title, interest, claim, and demand whatsoever of
the Grantor, either in law or equity, of, in, and to the above bargained premises, with the
hereditaments and appurtenances, subject to statutory exceptions as defined in C.R.S. 38-30-113,
revised.
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the Grantee, and Grantee’s successors, and assigns forever. Grantor, for
Grantor and Grantor’s , successors and assigns, does covenant and agree that the Grantor shall
2
and will WARRANT TITLE AND DEFEND the above described , but not any adjoining vacated street
or alley, if any, in the quiet and peaceable possession of the Grantee and its heirs and assigns,
against all and every person or persons claiming the whole or any part thereof, by, through or
under the Grantor.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
SELLER:
__________________________________
Laura A. Kroeger, as Executive Director of
Urban Drainage and Flood Control District
d/b/a Mile High Flood District
STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this _____ day of November, 2024, by
Laura A. Kroeger, as Executive Director of Urban Drainage and Flood Control District d/b/a Mile
High Flood District.
Witness my hand and official seal.
My commission expires: ________________.
Notary Public
4131 Kipling Street
Land Acquisition
Wheat Ridge City Council Meeting December 9, 2024ATTACHMENT 5
4131 Kipling St.
Site Location
Timeline
•February 2024 – Realtor representing the property owners
reached out to the City to gauge interest in property
•February 2024 – Parks & Recreation and Community
Development Departments coordinated on interest and
feasibility
•March 2024 – Mile High Flood District expressed interest in
funding the project through Floodplain Acquisition Program
•June 2024 – Land survey completed by HCL Engineering &
Surveying, LLC
•October 2024 – Negotiation complete ($375,000 for 32,128
sq ft parcel)
•October 2024 – Closing completed (MHFD)
•November 2024 – Parcel boundaries finalized
•November 2024 – Site remediation and minor demolition
Why acquire this land?
•More floodway in public ownership, so the City
can better manager flood risk
•City ownership prevents the parcel from being
diminished in its use for drainage and flood
control mitigation
•Allows for appropriate long-term maintenance,
which is being completed by the Mile High Flood
District (MHFD)
•City ownership means the land will be available
for trailhead improvements to the north of the
property without impacting the floodway
Aerial View of 4131 Kipling St.
Questions