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HomeMy WebLinkAbout02-10-2025 - City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, February 10, 2025 6:30 p.m. This meeting will be conducted as a virtual meeting, and in person, at: 7500 West 29th Avenue, Municipal Building, Council Chambers. 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: a. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. b. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on February 10, 2025) c. 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 February 10, 2025) d. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments. To request auxiliary aid, service for effective communication, or document in a different format, please use this form or contact ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as soon as possible, preferably 7 days before the activity or event. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES Study Session Notes, January 6, 2025 City Council Meeting Minutes, January 13, 2025 City Council Meeting Minutes, January 27, 2025 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES None 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 Cancel the March 10, 2025, City Council Meeting b. Motion awarding a contract to KECI Civil Inc., in the amount of $191,029 with contingency amount of $19,103 for a total approved amount of $210132 to construct the Wheat Ridge Recreation Center bridge settlement repair project c. Resolution No. 08-2025 – a resolution approving an amendment to the agreement with Mile High Flood District regarding the Clear Creek Master Drainageway Plan update d. Motion to approve the purchase and installation of various equipment from Holman Upfitting Truck Services in a total amount not to exceed $190,000 e. Resolution No. 09-2025 – a resolution authorizing the Mayor to execute an agreement with Jefferson County Open Space to accept the Trails Partnership Program grant in the amount of $475,854 for concrete improvements and widening throughout segments of the Clear Creek Trail in Wheat Ridge f. Resolution No. 10-2025 – a resolution amending the 2025 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $10,000 for the purpose of accepting and utilizing grant funds from the Jefferson County Open Space Foundation’s Nature’s Next Stewards program PUBLIC HEARINGS AND ORDINANCES ON SECOND READING None ORDINANCES ON FIRST READING 2. Council Bill No. 05-2025 – an ordinance amending the Wheat Ridge Code of Laws concerning disposition of lost, abandoned, and unclaimed property DECISIONS, RESOLUTIONS, AND MOTIONS 3. Motion adopting the 2025 Legislative Agenda 4. Resolution No. 11-2025 – a resolution amending the Fiscal Year 2025 2J Next Chapter Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,911,963 for the purpose of issuing a contract for professional services to Ayres Associates, Inc., and approving subsequent payments, for the 38th Avenue West Corridor Improvement project 5. Motion approving a construction agreement with JOC Contracting, LLC., in the amount of $898,911.56 for Tabor Lake trail improvements 6. Motion approving a construction agreement with Colorado Designscapes in the amount of $1,211,000 for the Panorama tennis courts project CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION CITY OF WHEAT RIDGE, COLORADO STUDY SESSION NOTES Hybrid - Virtual Meeting January 6, 2025 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 citizens will have the opportunity to be heard, and the procedures and policies to be followed. 1. Call to Order Mayor Starker called the Study Session to order at 6:30 p.m. 2. Attendance Council Members present: Jenny Snell, Rachel Hultin, Amanda Weaver (via Zoom), Korey Stites, Dan Larson, Janeece Hoppe and Scott Ohm. Absent: Also present: City Manager Patrick Goff, Assistant City Manager Marianne Schilling, Management Analyst Cole Haeslip, Director of Public Works Maria D’Andrea, Sr, Community Development Director Lauren Mikulak, Senior Deputy City Clerk Margy Greer, and other staff and interested residents. 3. Public Comment Re: Item No. 3 - MEMO - Pavement Analysis and Management Program Kelly Blynn, Wheat Ridge Active Transportation Advisory Team Address: 4175 Brentwood Street Wheat Ridge, 80033 Comment: Thank you for the opportunity to comment, my name is Kelly Blynn, and I'm commenting on behalf of the Wheat Ridge Active Transportation Advisory Team. We appreciate the proposed program to improve our roads and streets, and want to strongly support an amendment to the program that would include a review of every repaving project for opportunities to leverage street repaving projects to accomplish the bike and pedestrian safety priorities on the 2J project list, Bike/Ped Master Plan, or otherwise to address low hanging fruit safety improvements that align as roads are repaved and then re-striped. This approach is a cost-effective way that the city can make continuous improvement on its bike and pedestrian infrastructure. A great example of this was the repaving of Harlan a few years ago, when bike lanes were added as part of the project as a result of citizen organizing. Neighborhoods throughout the city have responded to numerous surveys citing bike and pedestrian safety as a top priority; rather than waiting for citizens to organize for each road segment, we hope the city will be proactive and require a review of each repaving project to incorporate bike and pedestrian safety improvements as we improve our streets. Low-cost enhancements could include new or improved crosswalks, bike lanes, pedestrian lanes, neighborhood bikeways, etc. As a few examples, Denver coordinates the installation of bikeways with annual paving activities (https://www.denvergov.org/Government/Agencies-Departments-Offices/Agencies- Departments-Offices-Directory/Department-of-Transportation-and- Infrastructure/Programs-Services/Bicycles/Active-Bikeway- Projects#:~:text=Bike%20Paving%20%E2%80%93%20Annually%2C%20DOTI%20efficientl y,April%20and%20October%20each%20year.) as does Boulder (https://bouldercolorado.gov/services/pavement-management- program#:~:text=The%20Pavement%20Management%20Program%20(PMP,bicycle%2C %20pedestrian%20and%20transit%20upgrades.). The Federal Highway Administration also has issued a report guiding cities for implementing bikeways as part of the resurfacing process (https://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/resurfacing/re surfacing_workbook.pdf). At a minimum, we request that the city annually publish its repaving plan so that residents can advocate for accompanying improvements to paving projects that support bike and pedestrian safety. Thank you for your consideration. 4. Community Partners Grant Program Enhancements Issue Staff has developed proposed enhancements to the Community Partners Grant Program for City Council’s consideration. Cole Haeslip, Management Analyst, gave a PowerPoint presentation which includes an Introduction, stating the Program provided funding to nonprofit agencies and programs for activities that benefit Wheat Ridge. In addition, since its inception, the Program has evolved over the past 17 years including rebranding, council appointed committee to review applications, number of applicants has increased, and the requests and awards portion has changed. He spoke to the challenges with the program including, but not limited to, a detailed application, requiring a budget detailing how funds will be spent and the challenge reviewing over 350 pages of grant applications. He presented strategies to improve efficiency and align the awards with the Council’s priorities. Haeslip presented a two-part review process which included a timeline, criteria, parameters and staff recommendations. The proposal was to break the grants into two categories: smaller grant requests up to $7,500 and larger grant requests of over $7,500. Staff recommendations and City Council consensus was as follows: 1) Two-Part Review Process 2) CPGP Timeline to align more closely with the budget process 3) No recommendation 4) Parameters: Proxy Organizations or Overlapping Organizations Council Member Hoppe stated she was in favor of the Two-Part Review Process and the proposed Timeline. She stated she was not in favor of allowing organizations that were already receiving funds from the General Budget to apply for this grant. Although the high school received four different approvals last time, but they are programs that do not have money in the school budget to begin with. They must do school fundraiser for their programs. While they are under the umbrella of the school, the funding is not in the school budget. Council Member Ohm asked how the amount was determined for each applicant. Haselip explained that it is the individual strategy of the organization and there is no cap. He stated he tells applicants the amounts that have been awarded in the past. Ohms stated that perhaps caps may be helpful or have a percentage go to small grants and a percentage to large grants. Council Member Weaver stated she does agree that organizations that already are receiving money from the City’s General Fund should be able to apply for the grant. She also stated that a disclosure regarding the high school funds is probably needed, and she agrees that the school programs can apply separately. Mayor Pro Tem Stites stated that the Committee should make the decision on the amount awarded to the applicants. Recommendations regarding disclosure is okay, otherwise the program is good as is. Council Member Dozeman asked if there was a matrix or scoring given to each applicant. Haselip stated such a matrix is used for scoring the applications based on the programs criteria and it is given to the applicants. Dozeman stated she is in favor of a disclosure statement and is comfortable with having applicants apply even though they are receiving funding from the General Fund. She liked the idea of favorability over the smaller apps and the money remaining going to the larger grants. She doesn’t like the idea of a cap. Council Member Snell agrees with the recommendations from staff and agrees with a percentage for smaller and larger grants (50/50). She stated she was in favor of the disclosure as well. Council Member Larson stated that he likes the shortened timeline and efficiencies proposed. He stated he would like to see more money given to fewer organizations because it has a bigger impact on the organizations. He spoke in support of the criteria proposed and agree with other councilors on other issues. Haeslip stated they are not proposing a percentage of funding for small and large grants, just that there is an amount of money from the budgeted amount set aside for each category. Hoppe stated that she is not in favor of eligibility if applicants are already receiving money from the City’s budget, thus there would be more funds for other applicants. Consensus from Council was reached on the following: 1) Create the two-part process; 2) the Timeline presented; 3) Criteria with the addition of not allowing applications to be received from organizations that are already receiving funds from the City’s Budget; and 4) including a Disclosure statement from the Proxy Organizations. 5. 2025 Capital Improvement Program Issue In late-2023, all Capital Improvement Program (CIP) responsibilities were aligned to be delivered by the Public Works Department from the beginning of a project (planning, design, environmental) through the end (construction and close out). The city has recently hired several new staff to oversee and manage the CIP who will be introduced at the Study Session. Staff will also provide a brief overview of the planned CIP activities for the upcoming year. Maria D’Andrea, Director of Public Works, stated this is an informational item only. She stated that they are focusing staff on the CIP programs and streamlining and improving the process with the goal of delivering the projects on time, on budget and with a high level of quality. She introduced the Public Works Team that is delivering the projects for the community. CIP Program Manager Kent Kisselman. Showed a map of the location of the following CIP projects being worked on and a timeline for each of the 12 projects. He spoke to others as well including the Stormwater Rate Study, Emergency/Prioritized Storm Sewer Repair, Pavement Management, Sidewalk and Concrete Maintenance in Zone 2, and the ADA Pedestrian Ramp Installation in Zone 2. 6. Pavement Rating Analysis and Pavement Management Program Issue The goal of Wheat Ridge’s Pavement Management Program is to continuously maintain the city’s street network in a safe and fiscally responsible manner. To accomplish this, the Public Works Department programs and implements cost-effective maintenance and repair strategies in a manner that will maximize the service life of a given street. The overall system will be maintained to achieve an average pavement condition index (PCI) to be no less than 65. According to the recently completed pavement analysis, the current average PCI of the city's street network is 66. Maria D’Andrea, Director of Public Works, reviewed the rating programs for street conditions within Wheat Ridge. This year an intersection-to-intersection review of the condition of the streets was performed by a contractor for the 130 miles of streets within the city. The data collected states the condition of the streets along with a numerical rating with zero being the worse and 100 being the best condition. Overall, Wheat Ridge had a 66% rating which was on the high side of the Fair category. She gave a PowerPoint presentation showing several graphs and tables regarding the highest traffic volume streets as well as the Collector and Neighborhood streets and the rating of each street within those categories. She reviewed the funding needed to upgrade poor street to fair condition and maintain the good and best ratings, showing a $2-to-$3-million-dollar annual need. She showed photos of several streets within the city which were in need of repair or replacement. A question-and-answer period followed between D’Andrea and City Council. 7. Staff Reports City Manager Patrick Goff stated that Peter Wall represents Lamar Advertising contacted several council members regarding the city’s code banning billboards and electronic message boards. He received consensus from Council to review the code since it has been a year since the current code had been adopted. Goff also stated that the Council agenda packet is formatted differently due to ADA requirements when posting the agenda packet to the website. He stated that Council retreat was scheduled for January 31-February 1 and asked Council to please complete their survey regarding same by Wednesday. Goff announced that a Wheat Ridge graduate, Tim Gill of the Tim Gil Foundation was recently awarded the Medal of Freedom from President Biden. 8. Elected Officials Reports Mayor and Council Members reported on recent meetings and events they attended and upcoming activities in the community. 9. Adjournment With no further business to come before Council, Mayor Starker adjourned the meeting at 8:28 p.m. Margy Greer, Sr. Deputy City Clerk Korey Stites, Mayor Pro Tem MINUTES CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, January 13, 2025 6:30 p.m. 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. 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, Dan Larson, Amanda Weaver, Janeece Hoppe, Korey Stites, Scott Ohm, Leah Dozeman and Rachel Hultin. 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; Community Development Director Lauren Mikulak, and other staff, guests and interested members of the public. 4.APPROVAL OF MINUTES City Council Study Session Notes, December 2, 2024 City Council Meeting Minutes, December 9, 2024 City Council Study Session Notes, December 16, 2024 Without objection or correction, the Notes and Minutes were accepted as presented. . 5.APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. 6.PROCLAMATIONS AND CEREMONIES A. National Radon Action Month – Tracy Volkman with Jeffco Public Health accepted the proclamation and stressed the importance of testing for radon. 7.PUBLICS’ RIGHT TO SPEAK Lee H Cantu – lives in Wheat Ridge. Mr. Cantu talked about the potholes in the Metro Denver area and reiterated the importance of picking them. Taylor Tate, congressional aide to Representative Petterson spoke about the congresswoman’s mobile office hours from 3-5 p.m. Wednesday, January 15, 2025 at the Columbine Library and on February 13, 3-5 p.m at the Arvada Library. Jerry DiTullio, Jefferson County Treasurer and Wheat Ridge resident– thanked the Wheat Ridge staff for cleaning up a lot of debris at 33rd and Lamar. As Treasurer, the 2024 taxes payable in 2025 will be mailed by the end of month. The property tax bills will be comparable to 2024. 2025 is an assessment year, so watch for your card and appeal if necessary. Finally, 1A “debruced” Jeffco so this year is the final Tabor refund check. 8.CONSENT AGENDA Council Member Janeece Hoppe read the Consent Agenda and Issue Statements into the Record. The Consent Agenda consists of Agenda Items 8a through 8h, inclusive. a. Motion encumbering funds in the amount of $167,700 for utilization of the WEX Fuel Card System in 2025 Issue In 2023 the city entered into an agreement with WEX Bank to provide fuel cards for each city vehicle which can then be used at any participating gas station in their network. WEX tracks the expenses and provides one invoice to the city monthly for all fuel purchases. The program is currently being utilized by the Police Department for efficiency and as another means of having officers visible in the community. This action will encumber funds in the amount of $167,700 for all WEX purchases in 2025. b. Motion encumbering funds in the amount of $124,900 for bulk fuel purchase and delivery from Senergy Petroleum in 2025 Issue The city provides on-site fuel tanks at the Public Works Shop to allow for fueling of city vehicles. Purchase and delivery of fuel is provided on a periodic basis from Senergy Petroleum of Arvada, Colorado. Senergy was selected as the preferred vendor based on a procurement process through the Colorado Multiple Assembly of Procurement Officials (MAPO) in 2022. This action will encumber funds in the amount of $124,900 for fuel purchases, including delivery to the Shop, in 2025. c. Motion to approve the purchase of salt materials for snow and ice control on city streets from Central Salt in a total amount not to exceed $135,000 Issue The city purchases and applies deicer materials each year as part of its snow and ice control efforts. The city has participated in a cooperative bidding process through the Colorado Multiple Assembly of Procurement Officials (MAPO) to obtain the best pricing. The city will utilize a City of Fort Collins contract with Central Salt to purchase materials for 2025 in an amount not to exceed $135,000. d. Motion to award a custodial services contract and approve subsequent payments in an amount not to exceed $419,350 to S&B Confluence d/b/a Jani-King of Colorado and approve a contingency in the amount of $12,000 as requested for unforeseen custodial expenses. Issue The City’s various facilities require consistent custodial service. Ensuring clean and hygienic public and workspaces is fundamental to the safe operation of the city organization and community services. Staff is recommending approval of a contract to S&B Confluence d/b/a Jani-King of Colorado in the amount of $419,350 plus a contingency for unforeseen items of $12,000 for the 2025 calendar year. e. Resolution No. 01-2025, a resolution amending the Right-of-Way Maintenance Services Agreement with Terracare Associates, LLC to accept a 3% increase in compensation for 2025. Issue The City currently contracts annually for mowing, weed prevention and mitigation, and trash pickup in various right-of-way areas. Terracare Associates, LLC was selected in 2023 through a competitive bid process. This amendment accepts a request for a 3% increase in compensation for 2025. f. Resolution No. 02-2025, a resolution approving the second amendment to an Intergovernmental Agreement establishing the Jefferson County Regional Crime Laboratory Issue On May 14, 2013, an Intergovernmental Agreement (IGA) was reached between the County of Jefferson, the City of Arvada, the City of Lakewood, and the City of Wheat Ridge establishing the Jefferson County Regional Crime Laboratory (JCRCL) in an effort to regionalize forensic crime laboratory services. A second amendment is requested to allow the Boulder County Sheriff’s Office (BCSO) to become a party to the IGA. g. Motion to approve payment to Colorado Intergovernmental Risk Sharing Agency (CIRSA) for the 2025 property/casualty premium in the amount of $581,329. Issue The Colorado Intergovernmental Risk Sharing Agency (CIRSA) provides property and casualty coverage for the City of Wheat Ridge. The total premium payment due for 2025 is $581,329 and is split into quarterly payments. h. Motion to approve monthly payments to Colorado Employer Benefit Trust (CEBT) for 2025 medical, dental, employee assistance program, and life insurance membership billing in an amount not to exceed $2,517,979. Issue The City offers employees a number of benefits in order to attract and retain a high- quality workforce. In 2023, the City joined the Colorado Employer Benefit Trust (CEBT) to provide a greater choice than previously offered of medical plans along with dental, vision, employee assistance program (EAP) and life insurance coverage. January through December billing is estimated and budgeted in the amount of $2,517,979. Staff requests approval of the estimated 2025 total expenditure so that monthly payments can be made in a timely manner. Council Comments Council Member Hoppe made a motion to adopt the Consent Agenda, Agenda Items 8a – 8h inclusive as presented. It was seconded by Mayor Pro Tem Stites Vote: 8 Ayes. 0 Nays. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 9. Council Bill No. 26-2024 – an ordinance approving an amendment to the existing Planned Mixed-Use Development (PMUD) zoning at Clear Creek Crossing Mayor Pro Tem Stites read the Bill and Issue Statement into the Record. 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. Mayor Starker opened the public hearing. Staff Presentation Stephanie Stevens, Sr. Planner, explained the proposed changes, primarily which relocate the restaurant and entertainment district to the western portion of the development and create a premier pedestrian corridor among amenities. The applicant, Derek Lis with Evergreen Devco, also spoke in support of this amendment request. Mr. Lis further explained that the repositioning of the restaurant and entertainment district is favorable with the market following disappointing feedback of its original location on the south-central portion of the site. Public Comments None. City Council Comments Counilor Hoppe asked if we are going to connect into the pedestrian trail on Alkire. Mr. Lis responded that a significant grade change will make that challenging. Councilor Hultin commented that she is enthusiastic for these changes. She asked about the width of the on-street bike facilities. Ms. Stevens confirmed that it is currently 4’ wide and allow for bikes to use the 12’ multi-use trail. Council Member Hultin stated that the minimum bike lane width should be 5’. She also asked about the speed limit of this section; Mr. Lis and Ms. Stevens said it will likely be 25 mph. Finally, Council Member Hultin asked if a roundabout had been considered in this location. Ms. Stevens said that a roundabout will not be put in that location, but one will be installed further west entering The Lookout. Council Member Larson asked if the road behind Primerose School will be restricted to service access only. Mr. Lis advised that no, it will not be restricted but it will be available for that use. Council Member Larson also inquired about service delivery for Bird Call, Bank of America and the future development area. Mr. Lis confirmed that again, the road can be used for service and traffic. Counilor Member Ohm asked staff about drive throughs. Ms. Stevens confirmed that this ODP would allow for a single tenant drive through user (such as Bird Call specifically.) Councilor Snell asked if the RTD transfer station will be constructed simultaneously. Ms. Stevens confirmed that the transfer station is under design and the other stop is open now. Councilor Weaver asked for confirmation of the number of drive throughs. Ms. Stevens confirmed that this ODP allows 5 drive throughs between the two planning areas under discussion. Mayor Starker closed the public hearing. Mayor Pro Tem Stites made a motion to adopt Council Bill No. 26-2024 – an ordinance approving an amendment to the existing Planned Mixed-Use Development (PMUD) zoning at Clear Creek Crossing. It was seconded by Council Member Hoppe. Vote: 8 Ayes. 0 Nays. The motion carried. 10. 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 Council Member Snell read the Bill and Issue Statement into the Record. 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. Staff Presentation – City Attorney Jerry Dahl reminded Council of the study session discussion that occurred in December. Council gave direction to allow natural medicine in zone districts that allow medical offices and services and comply with the state-enacted separation from schools and daycares. Public Comments None. Council Comments None. Mayor Starker closed the public hearing. Council Member Snell made a motion to adopt 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. It was seconded by Council Member Hoppe. Vote: 8 Ayes. 0 Nays. The motion carried. 11. 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. Council Member Larson read the Bill and Issue Statement into the Record. 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. Mayor Starker opened the public hearing. Staff Presentation – Alayna Olivas Loera, Planner, gave an overview of the Bill. She explained this Bill expands the RV campground to include the second phase of the development on the northern portion of the property. Public Comments Janice Thompson who lives in Wheat Ridge was originally curious about landscaping requirements, particularly considering the removal of the house. She supports more landscaping. She said it would also be nice if the property had access to the park. She is grateful for the improvements. Jon Douglas spoke online and is the General Contractor on the project. He mentioned that his goal is to beautify the area along 44th. Council Comments Council Member Weaver asked how many overnight stays are possible at the current park. David Thesien, civil engineer with the project, said the total of proposed units is 32; the total will be 71 spaces. Council Member Weaver was curious if this should comply with the city’s hotel regulations given the future size. Mr. Dahl confirmed that the RV park is not contemplated in the current definition of the hotel regulations. Mr. Goff confirmed that we do not have any more calls for service to this location than any other business. Council Member Ohm asked about the landscaping, fencing and setbacks. Ms. Olivas Loera said the landscape buffer is 20’ wide with the fence set back from the sidewalk. The fence is set to be 6’ tall. He also asked about the possibility for a trail; that is not contemplated at this time. Council Member Larson confirmed the commercial business and home are not currently occupied. He also asked about any concerns with water and sewer connection. Ms. Olivas Loera confirmed that outside agencies have not cited concerns with existing plans and the plans will again be re-referred following the ODP process. Council Member Hoppe asked if there will be restrooms and laundry facilities for this expansion. Mr. Douglas confirmed that yes. Council Member Hultin asked whether there is a dump station. Mr. Thesien confirmed that the existing dump station will be removed and each spot will have their own. She also asked about pet facilities; there are no specific pet facilities although the landscaping buffer area will serve as an amenity for those traveling with pets. Mayor Starker asked about the typical length of stay for this park. Mr. Douglas said that the spots are not meant for long term visits, but that there are a number of workers (such as construction workers) do stay onsite for up to 2 months. The limit is 90 days and it is monitored by the site manager. Mayor Starker closed the public hearing. Council Member Larson made a motion to adopt 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. It was seconded by Council Member Dozeman. Vote: 8 Ayes. 0 Nays. The motion carried. ORDINANCES ON FIRST READING 12. Council Bill No. 01-2025 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws creating a New Article XIV entitled “Mixed-Use Lutheran Legacy Campus Zone District” and making conforming amendments therewith Council Member Weaver read the Bill and Issue Statement into the Record. Issue This ordinance creates a new Article XIV (14) in Chapter 26 of the Wheat Ridge Code of Laws that establishes a new zone district, the Mixed-Use Lutheran Legacy Campus (MU- LLC) zone district. The zone district regulations establish development standards for the future redevelopment of the former hospital site based on the adopted Lutheran Legacy Campus Master Plan and City Council consensus. Approval of this ordinance will allow for the Lutheran Legacy Campus to be rezoned to the new MU-LLC zone district in the future. Council Member Weaver made a motion to adopt Council Bill No. 01-2025 an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws creating a New Article XIV entitled “Mixed-Use Lutheran Legacy Campus Zone District” and making conforming amendments therewith on first reading. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried. 13. Council Bill No. 02-2025 – an ordinance amending Section 2-53 of the Wheat Ridge Code of Laws concerning membership of Boards and Commissions Council Member Hoppe read the Bill and Issue Statement into the Record. Issue This ordinance clarifies that board and commission members who change their personal residence to another council district within the city may continue to be a member representing the district for which they were appointed until the end of the term for which they were appointed. Council Member Hoppe made a motion to adopt Council Bill No. 02-2025 - an ordinance amending Section 2-53 of the Wheat Ridge Code of Laws concerning membership of Boards and Commissions on first reading. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried. 14. Council Bill No. 03-2025 – an ordinance adopting by reference the 2024 edition of the Model Traffic Code for Colorado, adopting amendments thereto, providing penalties for Model Traffic Code violations and making conforming amendments to Chapter 13 of the Wheat Ridge Code of Laws in connection therewith Council Member Dozeman read the Bill and Issue Statement into the Record. Issue The City is required to periodically review the Wheat Ridge Municipal Traffic Code to ensure conformance with State of Colorado Traffic Ordinances. The newest version of the Model Traffic Code was adopted by the State of Colorado in 2024. To stay consistent and up to date with the newest Colorado Traffic Codes and to ensure the citizens of Wheat Ridge are best served by the updated Model Traffic Code, adoption of the newest code is recommended. Council Member Dozeman made a motion to adopt Bill No. 03-2025 - an ordinance adopting by reference the 2024 edition of the Model Traffic Code for Colorado, adopting amendments thereto, providing penalties for Model Traffic Code violations and making conforming amendments to Chapter 13 of the Wheat Ridge Code of Laws in connection therewith on first reading. It was seconded by Council Member Ohm. Vote: 8 Ayes. 0 Nays. The motion carried. 15. Council Bill No. 04-2025 – an ordinance amending the Wheat Ridge Code of Laws to include Police Recruits as participants in the city’s Police Pension Plan Council Member Ohm read the Bill and the Issue Statement into the Record. Issue Per the Wheat Ridge Code of Laws, membership in the police pension plan does not currently extend to recruits entering the academy. Recruits are therefore placed in the civilian plan for approximately six months, then enrolled in the sworn plan. This is administratively burdensome for staff and challenging for recruits. This ordinance amends the code to allow recruits to enroll immediately into the police pension plan. Council Member Ohm made a motion to adopt Council Bill No. 04-2025 – an ordinance amending the Wheat Ridge Code of Laws to include Police Recruits as participants in the city’s Police Pension Plan on first reading. It was seconded by Council Member Hoppe. Vote: 8 Ayes. 0 Nays. The motion carried. DECISIONS, RESOLUTIONS, AND MOTIONS 16.Motion to elect the Mayor Pro Tem Mayor Starker read the Issue Statement into the Record. Issue Each year City Council Members elect by a majority vote a Mayor Pro Tem who serves until their successor is elected. The election is conducted according to Section III (B) of the City Council Rules of Order and Procedure as follows: B. MAYOR PRO TEM 1. At the first or second Regular meeting in January of each year, the Council shall elect a Mayor Pro Tem who shall serve until their successor is elected. The procedure shall be as follows: a) The Chair will announce that the floor is open for nominations for the position of Mayor Pro Tem. b) Nominations will be taken from City Council members by voice. No second is needed. c) Each nominee will have the opportunity to address the Council. d) A motion and second is then in order to elect one of the nominees to the position of Mayor Pro Tem. If the motion is not carried, additional motions are in order until a Mayor Pro Tem is elected by a majority of Council present. Public Comments None. Council Comments Council Member Hultin nominated current Mayor Pro Tem Stites. Council Member Hultin made a motion to nominate Mayor Pro Tem Stites to serve another year. It was seconded by Council Member Ohm. Vote: 8 Ayes. 0 Nays. The motion carried. 17. Resolution No. 03-2025 – a resolution designating the Municipal Building main entrance display cabinet as the official public notice posting location and the city’s official internet webpage for city publications in 2025 Council Member Dozeman read the Resolution and Issue Statement into the Record. Issue State statutes require that each municipality annually establish the location for posting public notices, as well as the newspaper in which the notices will be published. Local government entities are also allowed to publish notices on-line for public meetings. These include meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of body is in attendance. Staff Presentation – none. Public Comments None. Council Comments Councilor Hultin asked if the city is still advertising in the Gazette; she was told yes. The Mayor asked if the bulletin board is at an ADA compliant height. Staff will check. Councilor Hoppe asked if the city can completely get away from newspaper ads; Mr. Goff stated that we publish titles only when required. Council Member Dozeman made a motion to approve Resolution No. 03-2025 – a resolution designating the Municipal Building main entrance display cabinet as the official public notice posting location and the city’s official internet webpage for city publications in 2025. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried. 18. Resolution No. 04-2024 – a resolution acknowledging a Climate Emergency Council Member Hultin read the Resolution and Issue Statement into the record. Issue This resolution acknowledges the climate emergency and reaffirms City Council’s commitment towards taking actions to reduce Wheat Ridge’s contribution to climate change and mitigate its impacts on the community. Staff Presentation – Marianne Schilling, Assistant City manager and Mary Hester, Sustainability Coordinator, spoke about the Resolution and mentioned this was brought forth by Council Members Hultin and Weaver and in collaboration with the Sustainable Wheat Ridge Committee. This is supported by the recently adopted Sustainability Action Plan. Public Comments Rob Robinson lives in Wheat Ridge District III. He strongly urged council members to support this resolution. Wheat Ridge Speaks M “Stew” Stewart As a citizen of Wheat Ridge, I encourage you all to support this declaration of a climate emergency. We have all witnessed extreme natural events in these past few years, some affecting us more directly than others, but all are examples of the risks that we increasingly face. The global climate is warming, primarily due to human activity, and this warming will disrupt ecosystems which are critical to our needs. A warmer climate will also lead to rising consumer costs, from covering the costs of disaster recovery and relief, to increased energy usage, or even higher insurance rates. The longer we wait to act, the harder it will be to effect positive change. The time is now. Declaring a climate emergency will provide a foundation for future actions that Wheat Ridge can take to create a better future for our community. Enacting the Sustainability Action Plan, along with other community-focused measures, can vitalize our local economy while providing a larger environmental benefit. Let’s all work towards a brighter future! Thanks for your consideration, M “Stew” Stewart, District II citizen, Wheat Ridge. Sara Nepomuceno I'm writing to show my support of the City of Wheat Ridge declaring that we are in the midst of a climate emergency. Here are some statistics regarding the number of jurisdictions and countries that have already declared a climate emergency in their part of the world. To date 2,364 jurisdictions in 40 countries have declared a climate emergency. Populations covered by jurisdictions amount to more than 1 billion citizens. In Canada, every single one of the country’s 653 councils have declared a climate emergency. In Australia, more than 100 have declared. In the great state of Colorado only Boulder, Longmont, Nederland and Pitkin County have declared a climate emergency. Wheat Ridge should join the other CO municipalities. A declaration is another way to show WR citizens that the City takes the negative effects of climate change on our communities very seriously and is proactively working toward solutions. Similarly, a climate emergency declaration would reinforce the importance of the recently adopted WR Sustainable Action Plan's mission and efforts. Let's take another definitive step toward solidifying our city's commitment to making Wheat Ridge a true model of sustainability by declaring a climate emergency as soon as possible. Sincerely, Sara W Nepomuceno W.R. Citizen Council Comments Council Member Hultin thanked staff and the Sustainable Wheat Ridge Committee for their work on putting this Resolution together and spoke in support. Council Member Hultin made a motion to approve Resolution No. 04-2024 – a resolution acknowledging a Climate Emergency. It was seconded by Council Member Hoppe Discussion Council Member Snell spoke in full support of the Resolution. Council Member Larson made a motion to revise the revise to title from “emergency” to “urgent action.” He further explained his rationale. Mayor Starker asked if there is a second on the motion to amend the title. Council Member Dozeman seconded the motion to amend the title. Council Members Hoppe and Weaver spoke in support of retaining the original and current title. Council Member Dozeman spoke in support of amending the title to “urgent action” reaffirms the commitment to sustainability and is more appropriate. Vote to amend the Resolution title: 2 Ayes. 6 Nays with Council Members Snell, Weaver, Hoppe, Stites, Ohm and Hultin dissenting. The motion failed. Additional Discussion Council Member Weaver again spoke in support of the original Resolution. Council Member Larson gave additional remarks thanking staff for their work and citing concerns about rising costs and the steady increase of demand for power. Council Member Dozeman spoke about visiting NREL as part of Leadership Jefferson County where she learned that renewable energy is not yet a complete substitution for traditional energy sources. Vote on the original motion: 6 Ayes. 2 Nays with Larson and Dozeman dissenting. The motion carried. 19. Resolution No. 05-2025, a resolution adopting the Wheat Ridge Prosperity Plan, an Economic Development Strategy for the City of Wheat Ridge Council Member Ohm read the Resolution and Issue Statement into the Record. Issue In early 2023, during its annual retreat with city management, Council requested an update to the 2009 Economic Development Strategic Plan. In late 2023, staff entered into a services agreement with Progressive Urban Management Associates (PUMA) to draft a new plan. Council is asked to adopt Resolution No. 05-2025 approving the new Wheat Ridge Prosperity Plan. Staff Presentation – Mr. Goff thanked Steve Art, Economic Development Manager, for shepherding this plan to completion along with the local steering committee. Andrea Buglione from PUMA addressed Council. She mentioned this is a forward- looking plan that provides both short- and long-term recommendations. It has been coordinated. 1. Corridors, nodes, and redevelopment opportunities. 2. Jobs, innovation, and light manufacturing 3. Attainability and quality of life 4. Business support ecosystem Public Comments None. Council Comments Council Member Hoppe asked about next steps with Renewal Wheat Ridge. Mr. Art commented that he will start to work on that with Renewal Wheat Ridge immediately. Council Member Ohm made a motion to approve Resolution No. 05-2025 - a resolution adopting the Wheat Ridge Prosperity Plan, an Economic Development Strategy for the City of Wheat Ridge. It was seconded by Mayor Pro Tem Stites. Council Member Larson commented that he supports the work and recommends that it be put in a time capsule as it represents what it is to live and work in Wheat Ridge in 2024! Council Member Hoppe commented that she is excited to have this new plan. She said there is some low hanging fruit that Council can take action on quickly. Mayor Pro Tem Stites thanked all who participated in this process. Vote: 8 Ayes. 0 Nays. The motion carried. 20.CITY MANAGER’S MATTERS Mr. Goff thanked Mr. DiTullio for speaking about the cleanup of the mess on 33rd and Lamar and clarified that Public Works helped with the cleanup. He reminded Council that they homework for the retreat that is due on January 22, 2025. 21.CITY ATTORNEY’S MATTERS Mr. Dahl reminded the Council that the Charter was approved by the voters, particularly with regard to gender neutrality. The next step might be to update the Code of Laws in a similar fashion. Council gave consensus. 22.ELECTED OFFICIALS’ MATTERS Mayor and City Council Members stated their pride in the City, thanked staff for their hard work, thanked residents for their feedback, and reported on upcoming events and activities they attended over the past weeks. 23. ADJOURNMENT There being no further business to come before City Council, Mayor Starker adjourned the meeting at 8:49 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Bud Starker, Mayor MINUTES CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, January 27, 2025 6:30 p.m. 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. 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, and Dan Larson. Absent: Leah Dozeman A quorum was established. Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck; Police Chief Chris Murtha, Division Chief Eric Kellogg, Senior Planner Scott Cutler, City Attorney Gerald Dahl, Community Development Director Lauren Mikulak (via Zoom), and Sr. Deputy City Clerk Margy Greer. 4. APPROVAL OF MINUTES None. 5. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. 6. PROCLAMATIONS AND CEREMONIES A. Wheat Ridge All Conference Students - Wheat Ridge High School Athletic Director Jason Campbell introduced the All-Conference Students from Wheat Ridge High School. Mayor Starker and Council Member Janeece Hoppe handed out Proclamations of Recognition to each student. B. Swearing in Ceremony of Division Chief Shawn Wray – Police Chief Murtha administered the Oath of Office to new Division Chief Shawn Wray and introduced him to the Mayor, Council, and audience. C. Black History Month – Mayor Starker proclaimed February 2025 Black History Month in the City of Wheat Ridge and spoke to the continued struggle for racial justice and equality. 7. PUBLICS’ RIGHT TO SPEAK In Person Morgan Richards, Resident, stated it was Holocaust Remembrance Day and Wheat Ridge needs to stand for inclusivity. Megan Schleicher, Resident, stated she was supporting her friend Morgan Richards’ comments and to have mercy on those who are afraid in the community. Heather Dalton (via Zoom), Resident, stated she was supporting Morgan Richards’ comments and the city’s IDEA Committee, furthering the goal of inclusivity in Wheat Ridge. 8. CONSENT AGENDA None. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 9. Council Bill No. 01-2025 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws creating a new Article XIV entitled “Mixed-Use Lutheran Legacy Campus Zone District” and making conforming amendments therewith Council Member Weaver read the Title of the Council Bill and Issue Statement into the Record. Issue This ordinance creates a new Article XIV (14) in Chapter 26 of the Wheat Ridge Code of Laws that establishes a new zone district, the Mixed-Use Lutheran Legacy Campus (MU-LLC) zone district. The zone district regulations establish development standards for the future redevelopment of the former hospital site based on the adopted Lutheran Legacy Campus Master Plan and City Council consensus. Approval of this ordinance will allow for the Lutheran Legacy Campus to be rezoned to the new MU-LLC zone district in the future. Mayor Starker opened a Public Hearing on the matter. Scott Cutler, Senior Planner, presented the new proposed Zone District, stating that Council had previously had an in-depth discussion at a former study session. Public Comments None. Council Comments Council Member Hultin asked if there would be an opportunity for smaller lots in the new zone district. Cutler stated that there is no minimum. Hultin also asked about the future land use requirements and parking requirements. Cutler stated that none of the 2024 state requirements had been incorporated into the proposed zoning district. Council Member Hoppe asked if the March study session would be soon enough to act before the laws are effective. Cutler stated yes. Council Member Larson asked why current zoning wasn’t being used for the site. Cutler explained that there is not current zoning that matches the master plan. Larson asked about 35th Avenue possibly being a dead end at Dudley. Cutler stated that there are several resident sites platted. Council Member Weavers asked if there was a tree preservations requirement or a tree canopy requirement. Cutler stated there was not within the site itself. Mayor Starker closed the Public Hearing. Council Member Weaver made a approve Council Bill No. 01-2025, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws creating a new Article XIV entitled Mixed Use Lutheran Legacy Campus Zone District and making conforming amendments therewith, on second reading, order it published, and that it takes effect immediately. It was seconded by Council Member Ohm. Vote: 7 Ayes. 0 Nays. The motion carried. 10. Council Bill No. 02-2025 – an ordinance amending Section 2-53 of the Wheat Ridge Code of Laws concerning membership of Boards and Commissions Council Member Hoppe read the Title of the Bill and the Issue Statement into the Record. Issue: This ordinance clarifies that board and commission members who change their personal residence to another council district within the city may continue to be a member representing the district for which they were appointed until the end of the term for which they were appointed. Mayor Starker opened a Public Hearing on the matter. Sr. Deputy City Clerk Greer explained that the ordinance would allow district appointees on boards, commissions, and committees to continue serving until the end of their term if they move out of the appointed district. Greer also stated that a resolution which was later the Agenda proposes for two committees to change their bylaws, so their term dates were the same as all other boards, commissions and committees. Public Comments None. Council Comments None. Mayor Starker closed the Public Hearing. Council Member Hoppe made a motion to approve Council Bill No. 02-2025, an ordinance amending Section 2-53 of the Wheat Ridge Code of Laws concerning membership of Boards and Commissions on second reading and that it takes effect 15 days after final publication. It was seconded by Mayor Pro Tem Stites. Vote: 7 Ayes. 0 Nays. The motion carried. 11. Council Bill No. 03-2025 – an ordinance adopting by reference the 2024 edition of the Model Traffic Code for Colorado, adopting amendments thereto, providing penalties for Model Traffic Code violations and making conforming amendments to Chapter 13 of the Wheat Ridge Code of Laws in connection therewith Council Member Larson read the Title of the Bill and the Issue Statement into the Record. Issue: - The City is required to periodically review the Wheat Ridge Municipal Traffic Code to ensure conformance with State of Colorado Traffic Ordinances. The newest version of the Model Traffic Code was adopted by the State of Colorado in 2024. To stay consistent and up to date with the newest Colorado Traffic Codes and to ensure the citizens of Wheat Ridge are best served by the updated Model Traffic Code, adoption of the newest code is recommended. Mayor Starker opened a Public Hearing on the matter. Division Chief Eric Kellogg reviewed the proposed Traffic Code with Council, reminding them of the in-depth presentation and discussion which took place at a previous study session. Public Comments None. Council Comments In answer to a question from Council Member Hultin, Kellogg stated that someone could be stopped for using their phone illegally. It is considered a primary offense. Mayor Starker closed the Public Hearing. Council Member Larson made a motion to approve Council Bill No. 03-2025, an ordinance adopting by reference the 2024 Model Traffic Code for Colorado, adopting amendments thereto, providing penalties for Model Traffic Code violations and making conforming amendments to Chapter 13 of the Wheat Ridge Code of Laws in connection therewith on second reading and that it takes effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. It was seconded by Mayor Pro Tem Stites. Vote: 7 Ayes. 0 Nays. The motion carried. 12. Council Bill No. 04-2025 – an ordinance amending the Wheat Ridge Code of Laws to include Police Recruits as participants in the city’s Police Pension Plan Council Member Ohm read the Title of the Bill and Issue Statement into the Record. Issue: - Per the Wheat Ridge Code of Laws, membership in the police pension plan does not currently extend to recruits entering the academy. Recruits are therefore placed in the civilian plan for approximately six months, then enrolled in the sworn plan. This is administratively burdensome for staff and challenging for recruits. This ordinance amends the code to allow recruits to enroll immediately into the police pension plan. Mayor Starker opened a Public Hearing on the matter. Deputy City Manager Allison Scheck stated that current practice is to have the recruits on the civilian retirement plan for approximately six months, then enroll them into the sworn plan. The recruits currently are not able to roll the money from the civilian plan into the sworn plan. This Bill would allow the recruits to be enrolled in the sworn plan immediately and start vesting immediately. Public Comments None. Council Comments None. Mayor Starker closed the Public Hearing. Council Member Ohm made a motion to approve Council Bill No. 04-2025, an ordinance amending the Wheat Ridge Code of Laws to include police recruits as participants in the city’s police pension plan on second reading, and that it takes effect 15 days after final publication. It was seconded by Council Member Hoppe. Vote: 7 Ayes. 0 Nays. The motion carried. ORDINANCES ON FIRST READING None. DECISIONS, RESOLUTIONS, AND MOTIONS 13. Resolution No. 06-2025 – a resolution amending the bylaws of the Inclusion, Diversity, Equity, and Accessibility (IDEA) Committee and Sustainable Wheat Ridge Committee to conform term dates with other boards, commissions, and committees Council Member Snell read the Title of the Resolution and the Issue Statement into the Record. Issue This Resolution amends the Bylaws for the IDEA and Sustainable Wheat Ridge Committees, so their term dates conform with other Boards, Commission, and Committees. The only Commission which does not conform is the Election Commission, as its membership terms are set by the Home Rule Charter. Public Comment None. Council Comment None. Council Member Snell made a motion to approve Resolution 06-2025, a Resolution amending the bylaws of the Inclusion, Diversity, Equity and Accessibility (IDEA) Committee and Sustainable Wheat Ridge Committee to conform term dates with other boards, commissions and committees. It was seconded by Council Member Hultin. Vote: 7 Ayes. 0 Nays. The motion carried. 14. Resolution No. 07-2025 – a resolution approving the Amendment and Restatement of the City of Wheat Ridge Police Pension Fund Plan Adoption Agreement Mayor Pro Tem Stites read the Title of the Resolution and Issue Statement into the Record. Issue The City provides a 401(a)-retirement benefit to sworn and civilian employees. This resolution proposes two changes to the sworn pension plan. First, it increases the City’s contribution by one half percent to 12.5%. Second, it reduces the normal retirement age for sworn employees from 55 to 50 years old, the IRS minimum for public safety employees. Deputy City Manager Allison Scheck reviewed the proposed resolution with Council. Public Comment None. Council Comment None. Mayor Pro Tem Stites made a motion to approve Resolution 07-2025, a Resolution approving the Amendment and Restatement of the City of Wheat Ridge Police Pension Fund Plan Adoption Agreement. It was seconded by Council Member Hoppe. Vote: 7 Ayes. 0 Nays. The motion carried. 15. CITY MANAGER’S MATTERS City Manager Patrick Goff gave an update on meeting with the Wheat Ridge High School principal and stated the STEM program will continue at the school. He also reminded Council Members of the upcoming retreat and reminded them to turn in their surveys. 16. CITY ATTORNEY’S MATTERS None. 17. ELECTED OFFICIALS’ MATTERS Mayor and Council Members reported on various meetings, events, and activities they attended over the last week and thanked the public for their participation in the meeting. 18. ADJOURNMENT There being no further business to come before City Council, Mayor Starker adjourned the meeting at 8:05 pm. Mayor and Council Members reported on various meetings, events, and activities they attended over the last week and thanked the public for their participation in the meeting. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem ITEM NUMBER: 1a DATE: February 10, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: MOTION TO CANCEL THE MARCH 10, 2025, CITY COUNCIL MEETING ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The City Council meeting on March 10, 2025, currently coincides with the NLC Conference located in Washington D.C. As multiple members of the City Council will be attending the NLC Conference when this meeting is scheduled to occur, staff is requesting to cancel the March 10, 2025, City Council meeting. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: None RECOMMENDATIONS: Staff recommends canceling the City Council meeting scheduled for March 10, 2025. RECOMMENDED MOTION: “I move to cancel the March 10, 2025, City Council Meeting.” Or, “I move to not cancel the March 10, 2025, City Council meeting for the following reason(s).” Council Action Form – Cancel March 10, 2025, City Council Meeting February 10, 2025 Page 2 REPORT PREPARED/REVIEWED BY: Rhiannon Curry, Executive Assistant Patrick Goff, City Manager ATTACHMENTS: 1. None ITEM NUMBER: 1b DATE: February 10, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: A MOTION AWARDING A CONTRACT TO KECI CIVIL, INC. IN THE AMOUNT OF $191,029 WITH A CONTINGENCY AMOUNT OF $19,103 FOR A TOTAL APPROVED AMOUNT OF $210,132 TO CONSTRUCT THE WHEAT RIDGE RECREATION CENTER BRIDGE SETTLEMENT REPAIR PROJECT ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: Three (3) bids were received in response to the city’s Invitation for Bids to construct the Wheat Ridge Recreation Center Bridge Settlement Repair Project. The lowest responsive bidder was KECI Civil, Inc. It is recommended that the city enter a contract with KECI Civil to perform the repair work on the Wheat Ridge Recreation Center bridge. PRIOR ACTION: On May 16, 2024, the city entered a contract with Canyon Engineering Group, LLC for professional services to conduct a structural and geotechnical assessment of the Wheat Ridge Recreation Center bridge as well as prepare the plans and associated documents to complete the necessary repair work. FINANCIAL IMPACT: Funding in the amount of $260,000 was budgeted as a part of the Renewal Wheat Ridge Bond Fund, (Fund 40). BACKGROUND: Canyon Engineering Group, LLC completed a structural and geotechnical assessment for the Wheat Ridge Recreation Center Bridge. There is evidence of settlement and/or movement at the south edge of the entry to the Recreation Center as well as evidence of differential settlement at each corner of the bridge. The settlement seems to have occurred between 2012 and 2016. Council Action Form – Recreation Center Bridge Settlement Repair Project February 10, 2025 Page 2 Based on their findings, significant additional settlement of the subgrade soils or the mechanically stabilized earth (MSE) embankment is not expected. The recommended action is to reestablish proper surface drainage on the roadway and between the modular wall blocks and the curb and gutter. Canyon Engineering also prepared the construction plans and specifications and assisted staff in preparing the bid documents. An Invitation To Bid (ITB) was posted on December 18, 2024. A mandatory pre-bid meeting was held on December 27, 2024, which was attended by four prospective contractors. Formal bids for the project were opened on January 16, 2025. Three bids were received; however, Stone and Concrete, Inc. were disqualified since they did not attend the mandatory pre-bid meeting. Therefore, the lowest responsive bidder was determined to be KECI Civil, Inc. A summary of the bids received are shown in the following table: Bidder Bid Amount Stone and Concrete, Inc. * $112,220.00 KECI Civil, Inc. $191,029.00 Rock & Company $207,990.00 Engineer’s Estimate $125,007.80 *disqualified KECI Civil, Inc. will have 42 working days to complete the project in accordance with the “Notice to Proceed”. The project is scheduled to start mid-February and will finish by the end of April 2025. This ensures all work is completed before significant water flows are present in Lena Gulch. Traffic to and from the Recreation Center will be impacted during the construction period. Drivers will be directed to enter the Recreation Center at the north entrance when traveling southbound on Kipling St. Wheat Ridge Recreation Center Communication staff have been included in the project development process and will be updated on any changes to the project. RECOMMENDATIONS: Staff recommend awarding a contract to KECI Civil, Inc in the amount of $191,029 for the Wheat Ridge Recreation Center Bridge Settlement Repair Project, with a contingency amount of 10% or $19,103 for a total not-to-exceed amount of $210,132. Council Action Form – Recreation Center Bridge Settlement Repair Project February 10, 2025 Page 3 RECOMMENDED MOTION: “I move to approve a contract with KECI Civil, Inc. in the amount of $191,029 with a contingency amount of $19,103 for a total approved amount of $210,132 to construct the Wheat Ridge Recreation Center Bridge Settlement Repair Project.” Or, “I move to deny approval of a contract with KECI Civil, Inc. in the amount of $191,029 with a contingency amount of $19,103 for a total approved amount of $210,132 to construct the Wheat Ridge Recreation Center Bridge Settlement Repair Project for the following reason(s).” REPORT PREPARED/REVIEWED BY: Dan Klenjoski, Project Manager Kent Kisselman, CIP Program Manager Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. KECI Civil, Inc. Contract ITB-24-165-Wheat Ridge Recreation Center Bridge Settlement Repair CITY OF WHEAT RIDGE 24-165-Recreation Center Bridge Settlement Repair AGREEMENT THIS AGREEMENT, made this 11th day of February, 2025 by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and KECI Civil, Inc., 5750 West Airport Road, Sedalia, CO 80135, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows: 1.The Contractor agrees to furnish all materials, supplies, tools, equipment, labor, and other services necessary tocomplete the construction of the Project titled, ITB-24-165-Wheat Ridge Recreation Center Bridge SettlementRepair, in accordance with the Contract Bid Documents. 2.The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with the terms therein for the Total Contract amount of one-hundred, ninety-one thousand, twenty-nine dollars, ($191,029). 3.The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14) calendar days after the date of the Notice to Proceed and to complete the same within 42 working days after thedate of the Notice to Proceed unless the time for completion is extended otherwise by written changes to the Contract Bid Documents. 4.The term "CONTRACT BID DOCUMENTS" means and includes the following: A Signature Page K Agreement B Advertisement for Bids L Payment Bond C Information for Bidders M Performance Bond D Contractor Qualification N Notice to Proceed E Bid Form O Final Receipt F Bid Schedule P Project Special Provisions G List of Subcontractors Q General Provisions H Non-Discrimination Assurance R Addenda I Non-Collusion Affidavit Q Drawings/ Exhibits J Bid Bond S Keep Jobs in Colorado 5.The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, such amounts as required by the Contract Documents. 6.Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a)Fiscal year. Fiscal year for the city shall commence on January 1 and end on December 31. (b)Budget contains appropriations. The city council shall annually adopt a budget in a mannerconsistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge.Upon the annual adoption by the city council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolutionshall constitute the appropriation of the amounts specified therein for the purposes specified therein.During the course of each fiscal year, approval by the city council of contracts for goods or services,and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein. (c)No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the city shall expend or contract to expend any money, or incur any liability, nor shallany contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms, ATTACHMENT 1 ITB-24-165-Wheat Ridge Recreation Center Bridge Settlement Repair involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the city and no city monies from any source whatsoever shall be paid thereon. (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the city council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the city. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the city; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e) Notice to parties contracting with the city. All persons contracting with, or selling goods or services to, the city are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the city wherein city funds are used to pay for said contract. 7. Section 2-4 of the City Code of Laws is presented below: (a) The city may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the city or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. (b) The city council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91- 103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. 8. Any notice or communication given pursuant to this Agreement to the City shall be made in writing: Contact Information City Contractor Name: Dan Klenjoski Ed Callejo Office Phone: 303-235-2868 303-791-3759 Email Address: dklenjoski@ci.wheatridge.co.us ecallejo@kecicivil.com Address: 7500 W. 29th Ave. 5750 W. Airport Rd. City, State, Zip Code Wheat Ridge, CO 80033 Sedalia, CO 80135 9. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. 10. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. 11. Vendor Performance Feedback The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements: ITB-24-165-Wheat Ridge Recreation Center Bridge Settlement Repair a. Work completed on time b. Work completed within budget c. Work completed as per the Scope of Work d. Future awards recommendation 12. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 13. 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 ______________________________________ __________ Dan Klenjoski, Infrastructure Project Manger Date Signed ______________________________________ __________ Maria D’Andrea, Director of Public Works Date Signed ITB-24-165-Wheat Ridge Recreation Center Bridge Settlement Repair IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE Margy Greer, Senior Deputy City Clerk WHEAT RIDGE, C0 80033 303-234-5900 Date Patrick Goff, City Manager (Seal) APPROVED AS TO FORM: CONTRACTOR KECI Civil, Inc. Gerald Dahl, City Attorney 5750 W. Airport Rd. Sedalia, CO 80135 ATTEST TO CONTRACTOR: Authorized Signature Full Name Signature Title Title Date Date ITB-24-165-Wheat Ridge Recreation Center Bridge Settlement Repair PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that KECI Civil, Inc. (Name of Contractor) 5750 West Airport Road, Sedalia, CO 80135 (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of one-hundred, ninety-one thousand, twenty-nine dollars, ($191,029) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2025, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-24-165-Wheat Ridge Recreation Center Bridge Settlement Repair, in accordance with the Contract Bid Documents including: Base Bid – Bridge Settlement Repair NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said WORK, and for all labor performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. *Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-24-165-Wheat Ridge Recreation Center Bridge Settlement Repair IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2025 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. ITB-24-165-Wheat Ridge Recreation Center Bridge Settlement Repair PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that KECI Civil, Inc. (Name of Contractor) 5750 West Airport Road, Sedalia, CO 80135 (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of one-hundred, ninety-one thousand, twenty-nine dollars, ($191,029) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2025, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-24-165-Wheat Ridge Recreation Center Bridge Settlement Repair, in accordance with the Contract Bid Documents including: Base Bid – Bridge Settlement Repair NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-24-165-Wheat Ridge Recreation Center Bridge Settlement Repair IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2025 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. City of Wheat Ridge Public Works 11220 West 45th Avenue Wheat Ridge, CO 80033 1211 Avery St Ste 201 Golden, CO 80403 Ph: (720) 626-4092 www.canyonengineering.com CITY OF WHEAT RIDGE DEPARTMENT OF PUBLIC WORKS N Call before you dig. Know what's below . R CONSTRUCTION BID PLANS OF PROPOSED WHEAT RIDGE RECREATION CENTER BRIDGE SETTLEMENT REPAIR 11/13/2024 City of Wheat Ridge Public Works 11220 West 45th Avenue Wheat Ridge, CO 80033 1211 Avery St Ste 201 Golden, CO 80403 Ph: (720) 626-4092 www.canyonengineering.com Call before you dig. Know what's below . R 11/13/2024 City of Wheat Ridge Public Works 11220 West 45th Avenue Wheat Ridge, CO 80033 1211 Avery St Ste 201 Golden, CO 80403 Ph: (720) 626-4092 www.canyonengineering.com Item No.Description Unit WTRE-02-1.05-08 As-Constructed 202-00200 Removal of Sidewalk SY 17 202-00203 Removal of Curb and Gutter LF 38 202-00220 Removal of Asphalt Mat SY 56 206-00000 Structure Excavation CY 52 206-00100 Structure Backfill (Class 1)CY 32 206-00360 Mechanical Reinforcement of Soil CY 32 206-01750 Shoring LS 1 208-00002 Erosion Log Type 1 (12 Inch)LF 139 208-00035 Aggregate Bag LF 24 208-00045 Concrete Washout Structure EA 1 208-00053 Storm Drain Inlet Protection (Type 1)EA 3 208-00070 Vehicle Tracking Pad EA 1 210-00427 Reset Pipe Handrailing LF 23 210-01130 Reset Guardrail Type 3 LF 59 211-03005 Dewatering LS 1 304-06000 Aggregate Base Course (Class 6)TON 41 403-33741 Hot Mix Asphalt (Grading S) (75) (PG 64-22)TON 13 403-34741 Hot Mix Asphalt (Grading SX) (75) (PG 64-22)TON 7 504-04230 MSE Wall (Repair)LS 1 506-00030 Grouted Riprap CY 1 608-00000 Concrete Sidewalk SY 17 609-21020 Curb and Gutter Type 2 (Section II-B)LF 38 620-00020 Sanitary Facility EA 1 626-00000 Mobilization LS 1 630-00016 Traffic Control LS 1 700-70010 F/A Minor Contract Revisions FA 700-70380 F/A Erosion Control FA 11/13/2024 City of Wheat Ridge Public Works 11220 West 45th Avenue Wheat Ridge, CO 80033 1211 Avery St Ste 201 Golden, CO 80403 Ph: (720) 626-4092 www.canyonengineering.com Call before you dig. Know what's below . R 0'10' SCALE N 5' 0'10' SCALE 5' 0'10' SCALE 5' 11/13/2024 City of Wheat Ridge Public Works 11220 West 45th Avenue Wheat Ridge, CO 80033 0'10' SCALE N 5' 0'10' SCALE 5' MC SS 11/14/24 For Geotechnical Information Only City of Wheat Ridge Public Works 11220 West 45th Avenue Wheat Ridge, CO 80033 1211 Avery St Ste 201 Golden, CO 80403 Ph: (720) 626-4092 www.canyonengineering.com Call before you dig. Know what's below . R 0'10' SCALE N 5' 0'10' SCALE 5' 11/13/2024 City of Wheat Ridge Public Works 11220 West 45th Avenue Wheat Ridge, CO 80033 1211 Avery St Ste 201 Golden, CO 80403 Ph: (720) 626-4092 www.canyonengineering.com Call before you dig. Know what's below . R 11/13/2024 City of Wheat Ridge Public Works 11220 West 45th Avenue Wheat Ridge, CO 80033 1211 Avery St Ste 201 Golden, CO 80403 Ph: (720) 626-4092 www.canyonengineering.com Call before you dig. Know what's below . R 11/13/2024 City of Wheat Ridge Public Works 11220 West 45th Avenue Wheat Ridge, CO 80033 1211 Avery St Ste 201 Golden, CO 80403 Ph: (720) 626-4092 www.canyonengineering.com N 0'10' SCALE 5' 0'40' SCALE 20' N 11/13/2024 City of Wheat Ridge Public Works 11220 West 45th Avenue Wheat Ridge, CO 80033 1211 Avery St Ste 201 Golden, CO 80403 Ph: (720) 626-4092 www.canyonengineering.com N 0'10' SCALE 5' 0'100' SCALE 50' 11/13/2024 ITEM NUMBER: 1c DATE: February 10, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 08-2025 TITLE: A RESOLUTION APPROVING AN AMENDMENT TO THE AGREEMENT WITH MILE HIGH FLOOD DISTRICT REGARDING THE CLEAR CREEK MASTER DRAINAGEWAY PLAN UPDATE ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The Mile High Flood District planned to update the Master Drainageway Plan (MDP) for Clear Creek, between Kipling Street and Wadsworth Boulevard, in 2023. An Intergovernmental Agreement between the Mile High Flood District and the city was executed in December 2022. This first amendment to that agreement is being proposed to address the increased funding required for services necessary to complete the analysis and issue a report. PRIOR ACTION: An Intergovernmental Agreement (IGA) between the Mile High Flood District (MHFD) and the city was approved on December 12, 2022. A copy of the original agreement is attached. FINANCIAL IMPACT: The additional cost to the city is $20,000. The estimated cost to update the MDP in 2022 was $50,000. The original agreement allocated 50% of costs ($25,000) to MHFD and 50% ($25,000) to the city. The additional cost of $20,000 will be borne solely by the city as all MHFD funding has been allocated for the year. Staff feels that it’s important to fund the complete scope of work as this update will be utilized in support of various flood improvement projects. Funding will come from 2025 budgeted stormwater funds. BACKGROUND: Clear Creek is a significant drainageway traversing the city for about nine miles, spanning from the westerly city limit to Harlan Street. The official flood maps were Council Action Form – Clear Creek Master Drainageway Plan IGA Amendment February 10, 2025 Page 2 updated in April 2007 to reflect changes to the drainageway and were adopted as the city’s official maps in early 2014 after having completed the review and approval process with Federal Emergency Management Agency (FEMA). The MDP was last updated in 2007 and outlines several potential improvements to Clear Creek that could reduce flood risk to adjacent properties. The MDP update will focus on the segment of Clear Creek between Kipling Street and Wadsworth Boulevard as this is the stretch where many properties are subject to flood risk. The update will also verify and revise the proposed improvement costs to current dollars to allow for improved budgeting. Since 2022, the MHFD has experienced staffing shortages and was not able to advance this project until recently. As the scope of work was developed, it was determined that the costs to complete the required scope of work was greater than the $50,000 estimated in 2022. In reviewing the scope of work, staff feels that all elements are necessary to achieve the desired outcomes to support future regional improvements in this area such as the Clearvale flood reduction project. The project will be managed by MHFD with input from the city. RECOMMENDATIONS: Staff recommends approval of the amendment to the original IGA with the MHFD. RECOMMENDED MOTION: “I move to approve Resolution 08-2025, a resolution approving an amendment to the agreement with Mile High Flood District regarding the Clear Creek Master Drainageway Plan Update.” Or, “I move to postpone indefinitely Resolution 08-2025, a resolution approving an amendment to the agreement with Mile High Flood District regarding the Clear Creek Master Drainageway Plan Update for the following reason(s).” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 08-2025 2. Exhibit A – Amendment to Agreement No. 22-10.09 3. Agreement No. 22-10.09, (original agreement) CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 08 SERIES OF 2025 TITLE: A RESOLUTION APPROVING AN AMENDMENT TO THE AGREEMENT WITH MILE HIGH FLOOD DISTRICT REGARDING THE CLEAR CREEK MASTER DRAINAGEWAY PLAN UPDATE WHEREAS, a standard amendment to the original agreement between Mile High Flood District and City of Wheat Ridge has been prepared regarding updating the Major Drainageway Plan for Clear Creek between Kipling Street and Wadsworth Boulevard; and WHEREAS, these entities recognize the need for a plan update to reflect the changes to the regulatory flows since the original plan was completed in 2007; and WHEREAS, the estimated cost of the study has increased since the original agreement was approved in 2022 to $70,000; and WHEREAS, the City of Wheat Ridge is amenable to paying for the increased cost of $20,000 to complete the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Amendment Approved. The Amendment to the original Agreement with the Mile High Flood District regarding an update to the Master Drainageway Plan for Clear Creek between Kipling Street and Wadsworth Boulevard, in the form attached as Exhibit A, is hereby approved. Section 2. This Resolution shall be in full force and effect upon its passage and approval. DONE AND RESOLVED this 10th day of February 2025 ATTEST: Bud Starker, Mayor Margy Greer, Sr. Deputy City Clerk ATTACHMENT 1 Amendment – IGA MP Standard (04/21 22-10.09A 1 FIRST AMENDMENT TO AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING FOR CLEAR CREEK AT WADSWORTH TO KIPLING UPDATE Agreement No. 22-10.09A Project No. 108959 Agreement Amount $20,000.00 THIS FIRST AMENDMENT TO AGREEMENT (hereinafter called "FIRST AMENDMENT), by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF WHEAT RIDGE (hereinafter called "WHEAT RIDGE"); (hereinafter WHEAT RIDGE shall be known as "PROJECT SPONSOR" and DISTRICT and PROJECT SPONSOR shall be collectively known as "PARTIES"); WITNESSETH THAT: WHEREAS, PARTIES entered into "Agreement Regarding Funding of Major Drainageway Planning for Clear Creek at Wadsworth to Kipling Update" dated December 27, 2022 (hereinafter called "ORIGINAL AGREEMENT"); (hereinafter Agreement No. 22-10.09 and all subsequent amendments shall jointly be called "ORIGINAL AGREEMENT"); and WHEREAS, PARTIES have requested additional services necessary for development of major drainageway master plan report for Clear Creek at Wadsworth to Kipling Update not covered by ORIGINAL AGREEMENT which requires additional funds to complete PROJECT. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1.Paragraph 6. FINANCIAL COMMITMENTS OF PARTIES shall be deleted and replaced as follows: 6.FINANCIAL COMMITMENTS OF PARTIES PARTIES shall each contribute the following percentages and maximum amounts for PROJECT costs as defined in Paragraphs 5: Percentage Share Previously Contributed Additional Contribution Maximum Contribution DISTRICT 35.71% $25,000.00 -0-$25,000.00 WHEAT RIDGE 64.29% $25,000.00 $20,000.00 $45,000.00 TOTAL 100.00% $50,000.00 $20,000.00 $70,000.00 Paragraph 7. MANAGEMENT OF FINANCES shall be deleted and replaced as follows: 7.MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's one-half share may come from its own revenue sources or from funds received from state, ATTACHMENT 2 Amendment – IGA MP Standard (04/21 22-10.09A 2 federal, or other sources of funding without limitation and without prior DISTRICT approval. Payment of each party's full share (WHEAT RIDGE - $45,000.00; DISTRICT - $25,000.00) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to PROJECT SPONSOR of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares; or, at PROJECT SPONSOR request, PROJECT SPONSOR share of remaining monies shall be transferred to another special fund held by DISTRICT. 2. EXECUTION IN COUNTERPARTS – ELECTRONIC SIGNATURES This Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. PARTIES approve the use of electronic signatures for execution of this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. Only the following two forms of electronic signatures shall be permitted to bind PARTIES to this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. A. Electronic or facsimile delivery of a fully executed copy of a signature page; or B. The image of the signature of an authorized signer inserted onto PDF format documents. Documents requiring notarization may also be notarized by electronic signature, as provided above. All use of electronic signatures shall be governed by the Colorado Uniform Electronic Transactions Act, §§ 24-71.3-101-121, C.R.S. 3. All other terms and conditions of ORIGINAL AGREEMENT shall remain in full force and effect. WHEREFORE, PARTIES hereto have caused this FIRST AMENDMENT to be executed by properly authorized signatories as of the date and year written below Amendment – IGA MP Standard (04/21 22-10.09A 3 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT By ___________ Name Laura A. Kroeger Checked By Title Executive Director Date Amendment – IGA MP Standard (04/21 22-10.09A 4 CITY OF WHEAT RIDGE (SEAL) By Name: Bud Starker ATTEST: Title: Mayor Date Margy Greer, Sr. Deputy City Clerk APPROVED AS TO FORM: Agreement No. 22-10.09 1 AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING FOR CLEAR CREEK AT KIPLING TO WADSWORTH UPDATE Agreement No. 22-10.09 Project No. 108959 Agreement Amount $50,000.00 THIS AGREEMENT, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF WHEAT RIDGE (hereinafter called "WHEAT RIDGE"); (hereinafter WHEAT RIDGE shall be known as "PROJECT SPONSOR" and DISTRICT and PROJECT SPONSOR shall be collectively known as "PARTIES"); WITNESSETH THAT: WHEREAS, DISTRICT in a policy statement previously adopted (Resolution No. 14, Series of 1970), expressed an intent to assist public bodies which have heretofore enacted floodplain zoning measures; and WHEREAS, DISTRICT has previously established a Work Program for 2022 (Resolution No. 78, Series of 2021) which includes master planning; and WHEREAS, PARTIES now desire to proceed with development of a drainageway master plan report for Clear Creek at Kipling to Wadsworth Update (hereinafter called "PROJECT"); and WHEREAS, PARTIES desire to acquire mapping needed to conduct the engineering studies for PROJECT; and WHEREAS, PARTIES desire to engage an engineer to render certain technical and professional advice and to compile information, evaluate, study, and recommend design solutions to such drainage problems for PROJECT which are in the best interest of PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1.SCOPE OF AGREEMENT This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT. 2.PROJECT AREA DISTRICT shall engage an engineer and obtain mapping as needed to perform or supply necessary services in connection with and respecting the planning of PROJECT of the area and watershed shown on the attached Exhibit A dated November 8, 2022, (hereinafter called "AREA"). 3.SCOPE OF PROJECT The purpose of PROJECT is to update the drainageway master plan within AREA. The proposed work shall include, but not be limited to, mapping; compilation of existing data; necessary field work; and development and consistent evaluation of all reasonable alternatives so that the most feasible drainage and flood control master plan can be determined and justified for AREA. EXHIBIT A Agreement No. 22-10.09 2 Consideration shall be given to costs, existing and proposed land use, existing and proposed drainage systems, known drainage or flooding problems, known or anticipated erosion problems, stormwater quality, right-of-way needs, existing wetlands and riparian zones, open space and wildlife habitat benefits, and legal requirements. Schematic alternative plans shall be developed such that comparison with other alternatives can be made. The engineer engaged by DISTRICT shall perform all studies and data gathering needed to prepare the alternatives analysis sections of the master plan report containing a hydraulic analysis discussion, schematics of alternatives developed and their costs along with a discussion of the pros and cons of each alternative and a recommended plan. A single alternative will be selected by PARTIES after the review and evaluation of the alternatives analysis report. The engineer shall be directed to prepare a conceptual design for the selected alternative and prepare the conceptual design section of the master plan report. 4. PUBLIC NECESSITY PARTIES agree that the work performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit to the inhabitants of PARTIES and to their property therein. 5. PROJECT COSTS PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of, and be limited to, mapping, master planning, and related services and contingencies mutually agreeable to PARTIES. Project costs are estimated not to exceed $50,000.00. 6. FINANCIAL COMMITMENTS OF PARTIES PARTIES shall each contribute the following percentages and maximum amounts for PROJECT costs as defined in Paragraphs 5: Master Plan Maximum FHAD Percentage Share Contribution Contribution DISTRICT 50.00% $25,000.00 - WHEAT RIDGE 50.00% $25,000.00 - TOTAL 100.00% $50,000.00 - Each PARTY’S payment obligation, whether direct or contingent, extends only to funds appropriated annually by each PARTY’S governing body, paid into the treasury of that PARTY, and encumbered for the purpose of this AGREEMENT. Each PARTY does not by this Agreement irrevocably pledge present cash reserves for payment or performance in future fiscal years. This Agreement does not and is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of each PARTY. 7. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's full share may come Agreement No. 22-10.09 3 from its own revenue sources or from funds received from state, federal, or other sources of funding without limitation and without prior DISTRICT approval. Payment of each party's full share (COUNTY - $25,000.00; DISTRICT - $25,000.00) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to COUNTY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares; or, at COUNTY request, COUNTY share of remaining monies shall be transferred to another special fund held by DISTRICT. 8. PROJECT MAPPING No new mapping is anticipated under this Agreement for PROJECT. Upon execution of this Agreement, PROJECT SPONSOR shall provide copies of the most recent mapping within their jurisdictional area in digital format to DISTRICT to the extent such mapping is available without additional cost. 9. MASTER PLANNING Upon execution of this Agreement, PARTIES shall select an engineer mutually agreeable to PARTIES. DISTRICT, with the approval of PROJECT SPONSOR, shall contract with the selected engineer, shall administer the contract, and shall supervise and coordinate the planning for the development of alternatives and of conceptual design. 10. PUBLISHED REPORTS AND PROJECT DATA DISTRICT will provide to PROJECT SPONSOR access to the draft and final electronic report files. Upon completion of PROJECT, electronic files of all mapping, drawings, and hydrologic and hydraulic calculations developed by the engineer contracted for PROJECT shall be provided to PROJECT SPONSOR upon request. 11. TERM OF THE AGREEMENT The term of this Agreement shall commence upon the execution by all PARTIES and shall terminate two years after the final master planning report is delivered to DISTRICT and the final accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 7 herein. Agreement No. 22-10.09 4 12. LIABILITY Each party hereto shall be responsible for any suits, demands, costs or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 13. CONTRACTING OFFICERS A. The contracting officer for PROJECT SPONSOR shall be Director of Community Development, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033. B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, Colorado 80211. C. The contracting officers for PARTIES each agree to designate and assign a PROJECT representative to act on the behalf of said PARTIES in all matters related to PROJECT undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT- related issues between PARTIES, shall attend all progress meetings, and shall be responsible for providing all available PROJECT-related file information to the engineer upon request by DISTRICT or PROJECT SPONSOR. Said representatives shall have the authority for all approvals, authorizations, notices, or concurrences required under this Agreement. However, in regard to any amendments or addenda to this Agreement, said representative shall be responsible to promptly obtain the approval of the proper authority. 14. RESPONSIBILITIES OF PARTIES DISTRICT shall be responsible for coordinating with PROJECT SPONSOR the information developed by the various consultants hired by DISTRICT and for obtaining all concurrences from PROJECT SPONSOR needed to complete PROJECT in a timely manner. PROJECT SPONSOR agrees to review all draft reports and to provide comments within 21 calendar days after the draft reports have been provided by DISTRICT to PROJECT SPONSOR. PROJECT SPONSOR also agrees to evaluate the alternatives presented in the alternatives analysis sections of the report, to select an alternative, and to notify DISTRICT of their decision(s) within 30 calendar days after the alternatives analysis report is provided to PROJECT SPONSOR by DISTRICT. 15. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 16. SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 17. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State of Colorado and venue for the same shall lie in the County where the Project is located. Agreement No. 22-10.09 5 18. ASSIGNABILITY No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the non-assigning party or parties to this Agreement. 19. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 20. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 21. TERMINATION OF AGREEMENT This Agreement may be terminated upon thirty (30) days’ written notice by any party to this Agreement, but only if there are no contingent, outstanding contracts. If there are contingent, outstanding contracts, this Agreement may only be terminated upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions. 22. PUBLIC RELATIONS It shall be at PROJECT SPONSOR’s sole discretion to initiate and to carry out any public relations program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact it may have on them. Technical information shall be presented to the public by the selected engineer. In any event DISTRICT shall have no responsibility for a public relations program, but shall assist PROJECT SPONSOR as needed and appropriate. 23. GOVERNMENTAL IMMUNITIES The PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by any PARTY of any rights, limitations, or protections afforded to them under the Colorado Governmental Immunity Act (§ 24-10-101, et seq., C.R.S.) as now or hereafter amended or otherwise available at law or equity. 24. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified on the basis of race, color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, gender identity, marital status, or physical or mental disability and further agrees to insert the foregoing provision in all subcontracts hereunder. 25. APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of PROJECT SPONSOR and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of PROJECT SPONSOR and/or DISTRICT. Agreement No. 22-10.09 6 26. NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than PROJECT SPONSOR or DISTRICT receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 27. EXECUTION IN COUNTERPARTS – ELECTRONIC SIGNATURES This Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. PARTIES approve the use of electronic signatures for execution of this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. Only the following two forms of electronic signatures shall be permitted to bind PARTIES to this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. A. Electronic or facsimile delivery of a fully executed copy of a signature page; or B. The image of the signature of an authorized signer inserted onto PDF format documents. Documents requiring notarization may also be notarized by electronic signature, as provided above. All use of electronic signatures shall be governed by the Colorado Uniform Electronic Transactions Act, §§ 24-71.3-101-121, C.R.S. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year written below. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT By ___________ Name Laura A. Kroeger Checked By Title Executive Director Date Agreement No. 22-10.09 7 CITY OF WHEAT RIDGE (SEAL) By Name: Bud Starker ATTEST: Title: Mayor Date Steve Kirkpatrick, City Clerk APPROVED AS TO FORM: Gerald Dahl, City Attorney AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING FOR CLEAR CREEK AT KIPLING TO WADSWORTH UPDATE Agreement No. 22-10.09 Project No. 108959 ITEM NUMBER: 1d DATE: February 10, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION A MOTION TO APPROVE THE PURCHASE AND INSTALLATION OF VARIOUS EQUIPMENT FROM HOLMAN UPFITTING TRUCK SERVICES IN A TOTAL AMOUNT NOT TO EXCEED $190,000 ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☒ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The Public Works Department is proposing the purchase of various snow and ice control equipment, lighting, and hydraulics to be installed on a new, replacement snowplow truck. The total expense of the various equipment, including installation, is estimated to be approximately $190,000 based on a quote provided by Holman Upfitting Truck Services. PRIOR ACTION: A replacement snowplow truck was budgeted for and purchased in 2024. Due to the long lead times to manufacture specialized vehicles, the city will not receive the truck until sometime in early-2025. Therefore, the cost to upfit the vehicle to allow for snowplow duties was included in the 2025 budget. FINANCIAL IMPACT: Funds were included in the 2025 Public Works operating budget to account for this purchase, (account number 01-303-800-807, Fleet Replacement). BACKGROUND: Staff determined that the city would be best served by using a Colorado Department of Transportation (CDOT) contract for this purchase. Cities are allowed to “piggyback” off state contracts to obtain the best available pricing. This also satisfies the procurement process requirements. The appropriate equipment, lighting, hydraulics, and options to upfit the new International cab and chassis, will be provided by Holman Upfitting Truck Services, Council Action Form – Tandem Truck Upfit February 10, 2025 Page 2 formerly dba Auto Truck Group, an authorized dealer located in Colorado Springs, Colorado. The existing truck and equipment will be taken to auction. RECOMMENDATIONS: Staff recommends the purchase of the necessary equipment, lighting, and hydraulics to properly upfit the new International cab and chassis to allow for snowplow duties. RECOMMENDED MOTION: “I move to approve the purchase and installation of various equipment from Holman Upfitting Truck Services in a total amount not to exceed $190,000.” Or, “I move to no approve the purchase and installation of various equipment from Holman Upfitting Truck Services in a total amount not to exceed $190,000 for the following reason(s).” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Holman Quote Quote Prepared By: Andrew Morton Andre.Morton@holman.com Quote #: Quote Date: Expiration Date: 222637-R1.0 11/01/2024 01/30/2025 Item Description Item Details Price 1 Henderson RSP19 - 10' x 42" Steel Plow Supply and Install Henderson: 10' Reversible Snow Plow - Steel -Husting Hitch - 10' X 42" Steel Moldboard W/ Integral Shield - Full Width Bottom Angle Gusset - 4" X 2" X 10" Hd Angle And Lift Cylinders - 5- Position Adjustable Compression Spring Trip - 12" Rubber Snow Deflector (Installed) - 29" Plow And Truck Portion Husting Hitch - Pair Of Winter Kt-Pm36 Blade Guides - Nitrided Lift And Angle Cylinders - Orange Moldboard/ Black Pushframe Lighting and Accessories - Halogen Snow Plow Lights * Installed to factory switch in cab dash - 2 Port Stucchi: Plow Connection * Install on center section of front bumper, bias to streetside of lift arm. $30,135.82 Quoted Items: Customer Information: Customer: Contact: Email: CDOT Contract Sold To Customer: CDOT Contract Account # 14405 Bill To Customer: CDOT Contract Account # 14405 Vehicle Specification: Year: Make: Model: 0 International HV513 Engine: Fuel Type: Body Type: International A26 Diesel Conventional Drivetrain: Wheelbase: Cab/Axle: 4WD 215.0 0.0 Notes and Special Instructions:*** NOTES TO CUSTOMER *** City of Wheat Ridge - Snow and Ice: 2024 Reference:27397864 Page 1 of 6Quote # 222637-R1.0 ATTACHMENT 1 Item Description Item Details Price 2 ECCO 7460 Series LED Beacon Light - Cab Shield Supply and Install ECCO 7460 series Beacons - (1) Amber, surface mounted to Cabshield - (1) Blue, surface mounted to Cabshield ** Amber strobes to be mounted on Streetside ** Blue strobes to be mounted on Curbside $745.45 3 ECCO 3965 Series Warning Lights - Dump Body (Rear)Supply and Install ECCO 3861 series Directional LEDs: - (2) Rear Facing L.E.D. Strobes (1-A/ 1-B) * Mounted into Rear Bolster of Dump Body ** Amber strobes to be mounted on Streetside ** Blue strobes to be mounted on Curbside $374.51 Page 2 of 6Quote # 222637-R1.0 Item Description Item Details Price 4 Henderson Dump - 15' Munibody w/ Prewet Supply and Install Henderson Munibody - 201 Stainless Steel Body - 15' Asphalt Style Body W/ Front Mount Hoist - Pin To Pin Nitrided Telescopic Hoist: Internal Doghouse - 36" Sides/ 48" Tailgate w/ Air Latch - 3/16" AR-400 Sides And Ends/ 1/4" Ar-400 Floor - Pure Belt Front Cross Conveyor for discharge to both sides - Removable Spinner assy w/ Poly Disc - 28"W Pintle Chain Conveyor W/ Adj Feedgate (Front Discharge Only) - 3/16" Ar-400 Conveyor Cover - Stainless Steel Underbody Conveyor Pans - Stainless Steel Inner and Outer Longsills - 8"X6"X1/2" Angle Hinge Assy W/ S-S Pins &Amp; Greaseless Bushings - 22" X 78" Half Cab Shield Henderson Pws-H Hydraulic Pre-Wetting System - (2) 75 Gallon side-mounted liquid tanks (150 Gal Total) - Variable Displacement Nozzle mounted in chute for complete coverage Additional Equipment - 304SS Fold-Out Ladder $91,569.16 5 Pull Tarps - Electric Supply and Install Pull Tarps - Electric Tarp System ** Installed to rear surface of cabshield - Asphalt Tarp - Electric Motor - Basic Cab Controls ** Integrated with Force America Tower or Dash Switches $8,326.28 Page 3 of 6Quote # 222637-R1.0 (Plus any applicable taxes and additional options selected) Total: Item Description Item Details Price 6 Force America Hydraulic Package Supply and Install Force America: Hydraulic Package - Front-mounted Pump (FEPTO) * Hardware & Mounting kit provided - Pump Shut-off Valve - Temp / Level Sender Unit Force America: 6100 Gen 5 Can Bus Spreader Control Tower * Centered on Cab floor - Dual Axis Joystick for Plow Control w/ Spreader Push Button - Single Axis Joystick for Hoist Control w/ Interlock Push Button - Auger Feedback Harness & Sensor - Prewet Feedback Harness & Sensor - Wireless ARC Sensor kit - (2) Cameras: Top of Cabshield / Backup at rear hitch ** Screen Mounted to Dash, out of driver field of view $47,581.97 7 Steel Splash Guards Supply and Install - Splash Guards, Steel, Black ** Mounted aft of Force America Hydraulic enclosure $702.44 8 Municipal Rear Hitch Plate & Accessories Supply and Install Rear Hitch & Accessories - Rear Hitch Plate w/ OEM DOT Lighting ** Paint Black - Trailer Glad Hands - 20 Ton Pintle; Std - Trailer Provisions - 7 Pole - Brake Controller - Mudflaps and Brackets - Force America Camera ** Mounted in hitch area - Camera Wash System ** Installed to rear camera at hitch, mount auxiliary equipment to frame where space available. $3,797.93 9 Weight Slip & 2nd Stage MSO Provide weight slip and 2nd stage MSO Copy of slip to be placed in glove box Original slip and 2nd stage MSO mailed $150.00 See last page for Terms and Conditions $183,383.56 Page 4 of 6Quote # 222637-R1.0 UPFIT TERMS At Holman, we have built a strong brand and reputation for our work truck upfitting services. We seek to treat all of our customers as long-term business partners, providing best-in-class upfitting with the most efficient and effective methods in the industry. These Terms clarify the terms of our relationship with You. Holman’s acceptance of any order is expressly limited to Your acceptance of these terms. Holman objects to any different or additional terms. If You are a party to a definitive written upfitting contract ("Definitive Contract") duly executed by You and authorized representatives of Holman, then Your Definitive Contract governs. In these Terms, "You" or "Your" means the legal entity which houses Your business, or Your applicable affiliate(s), in the event any Order is placed on behalf of Your affiliate(s). Your purchase of vehicles and upfit services (including equipment and components) from Holman, and Your submission of a purchase order (“Order”) for upfit services is Your acceptance of these Terms as binding. Holman may, from time to time, modify these Terms without prior notice to You. You will need to regularly review these Terms for modification. When these Terms are modified, the effective date shall be updated to the effective date of the modification. 1. Your Order. 1.1 Your Order is not cancellable (in whole or in part) at any time later than 5 business days after the date on which Holman receives your Order, as shown by the electronic delivery time stamp in Holman’s system, or other means. If You cancel Your Order after such 5-business day period, then You are responsible to pay any freight or transportation fees related to the vehicle(s), equipment, or materials Holman has ordered or received to fulfill Your Order, in addition to any restocking fees, administrative charges and storage fees to the extent applicable. The price for Your Order is subject to adjustment by Holman at any time. Holman will provide You notice (which may occur via email, or telephone call) of any such adjustment to the Order price. 1.2 If Holman has commenced work on a vehicle, Your Order is not cancellable under any circumstance. For the avoidance of doubt, upon Holman’s commencement of work for Your Order, You shall accept delivery of the applicable vehicle(s) and shall be liable to pay any fees related to Your Order in full. 1.3 Modifications or Revisions to Your Order. You may request reasonable modifications by submitting a revised purchase order to Holman. Holman reserves the right to accept or reject any revised purchased order in its sole discretion. Any such revised purchase order is not a binding Order unless and until Holman confirms its acceptance to You in writing. Holman reserves the right to complete the original Order (and issue an invoice for the original Order as set forth in Section 2), and may then require a new Order to account for the requested modifications. Any modification to an Order may result in additional expenses to Holman (e.g., expedited freight, duplicated administrative processes, additional material and labor expenses), therefore Holman may charge You reasonable modification fees (in addition to any fees under the Order). You understand modification fees may escalate depending on the timing of the modification request. 2. Payment Terms. Holman will invoice You upon completion of services for Your Order, unless otherwise agreed by Holman in writing. Invoiced amounts include sales and other taxes, and any other governmental charges, excluding taxes on Holman’s income. Invoiced amounts also include shipping, freight, and other reasonable expenses. Invoices are due for payment in full within 30 days after the invoice date. Amounts not paid when due, bear interest from the due date at 0.5% per month. 3. Shipment and Delivery. Holman will arrange for shipment and if requested, Holman will engage Your designated carrier(s). Holman will ship to Your designated receiving point, and prices are FOB shipping point, with risk of loss borne by You. 4. Risk of Loss. Risk of loss to Your vehicle or equipment is borne by You, even when in Holman’s possession, or in possession of Holman’s designee, except where such loss is a direct result of Holman’s negligence. For the avoidance of doubt, You will bear risk of loss for any damage to vehicles or equipment where such loss results from a Force Majeure Event (as defined in Section 15). 5. Inspection and Acceptance of Goods. You will inspect the vehicles upon delivery, and You are deemed to have accepted the vehicles unless You notify Holman to the contrary within 15 days following delivery. If You provide such notice of non- acceptance, then Holman may choose, in its sole discretion, to repair the vehicle(s). If Holman choose to repair the vehicle(s), then Holman will either dispatch technicians to Your location(s), or direct You to transport the Vehicle(s) to Holman’s designated repair location. Repairs due to our negligence will be at Holman’s expense. Transportation charges and all other repairs will be Your expense. Repair is Your exclusive remedy for rejected Vehicles. 6. Rights. If You fail to pay invoices in a timely manner, or otherwise breach these Terms, then Holman may suspend work on your Order(s), without penalty, liability or obligation, and pursue all remedies available. 7. Customer Obligations. 7.1 You must provide Holman with certain information (the “Vehicle Information”) within 14 days of the chassis order date. Vehicle Information includes but is not limited to (i) required equipment and specification approval, and (ii) vehicle identification information (e.g., factory order number). Vehicle chassis that arrive without receipt of the Vehicle Information described herein may be subject to reasonable administrative and/or parking fees at Holman’s sole discretion (“Parking Fees”). 7.2 Vehicles located on Holman’s premises or on the premises of Holman’s designee, for a period of time greater than or equal to 14 days following the build-completion date as shown by the electronic time stamp in Holman’s system, may be subject to Parking Fees. Holman may adjust the Parking Fees at any time with notice to You. Holman will invoice You any applicable Parking Fees on Page 5 of 6Quote # 222637-R1.0 a monthly basis until the vehicle is no longer in possession of Holman or its designee. 7.3 Holman is not responsible to provide upkeep or maintenance (e.g., battery replacement, tire maintenance) for any vehicle where such vehicle is subject to Parking Fees. 8. Confidential Information. Neither party will disclose the other party’s non-public confidential information which is marked on its face as confidential or in an accompanying writing, or should otherwise be deemed confidential by a reasonable person under the circumstances, provided Holman may share Your confidential information with its affiliates to the extent reasonably necessary to provide services to You. Holman may present ideas and concepts in performing its work, and Holman retains all right to use those ideas and concepts, and other know-how, in Our business. 9. Compliance with Laws. Each party shall comply with all applicable laws. 10. Warranty. Holman’s Warranty to You limited to the Holman Upfit Warranty program, incorporated herein by reference, and which may be provided to You upon request. ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING ANY WARRANTIES OF: (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE; (iii) TITLE; OR (iv) NON-INFRINGEMENT. Any indemnification or other liability Holman might owe is strictly limited to third party claims of death, bodily injury or property damage caused solely and directly by Holman’s negligence, gross negligence, or willful misconduct. 11. LIMITATION OF LIABILITY. NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES. 12. Notices. Any notice required or permitted under these Terms shall be in a writing, signed by the notifying party and delivered by hand or recognized overnight courier, or mailed by US mail, postage prepaid, registered or certified, return receipt requested, addressed to Holman at 1420 Brewster Creek Boulevard, Bartlett, IL 60103. Notice is given when received as evidenced by the delivery receipt or if receipt is refused, the first date receipt is refused as evidenced by the delivery receipt. Notice to You shall be at Your address of record on Your most recent order. 13. Severability. If any of these Terms is unenforceable in any jurisdiction, such unenforceability shall not affect the rest of these Terms. On a determination that any term is unenforceable, the court may modify these Terms to give effect to the original intent of the parties. 14. Choice of Law and Venue. These Terms are governed by New Jersey law, without regard to its conflict of laws rules, and the UN Convention on the International Sale of Goods is excluded. Any litigation under these Terms shall be commenced and maintained in US District Court, District of New Jersey, sitting in Camden, New Jersey, or if jurisdiction is lacking, in New Jersey state court, sitting in Burlington County, New Jersey. Each party waives the right to jury trial. 15. Force Majeure. Holman shall not be liable for, nor be deemed to have defaulted under these Terms, for any failure or delay in performing any services (except for obligations to make payments), when and to the extent the failure or delay is caused by or results from acts beyond the impacted party's reasonable control (including but not limited to natural disasters, hail, floods, or other weather events, epidemics, pandemics and other public health threats, embargoes, explosions, riots, wars or acts of invasion or terrorism, requirements of law, national or regional emergency, strikes, labor stoppages or slowdowns, or shortage of adequate power or transportation) (each, a "Force Majeure Event"). 16. Waiver. No waiver by Holman of any of these Terms is effective unless in writing and signed by an authorized representative of Holman. No failure by Holman to exercise, or delay in exercising, any right or remedy arising from these Holman Terms is or shall be a waiver thereof. No single or partial exercise of any right or remedy hereunder limits any other or further exercise thereof or the exercise of any other right or remedy. Accepted By: _____________________________________________________ Date: ____________________ Page 6 of 6Quote # 222637-R1.0 ITEM NUMBER: 1e DATE: February 10, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 09-2025 TITLE: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JEFFERSON COUNTY OPEN SPACE TO ACCEPT THE TRAILS PARTNERSHIP PROGRAM GRANT IN THE AMOUNT OF $475,854 FOR CONCRETE IMPROVEMENTS AND WIDENING THROUGHOUT SEGMENTS OF THE CLEAR CREEK TRAIL IN WHEAT RIDGE ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The City of Wheat Ridge was awarded $475,854 from the Jeffco Open Space (JCOS) Trails Partnership Program. The award is approximately 33% of the estimated cost for design and construction improvements for certain segments of the Clear Creek Trail to align with the county’s region trail standards. To receive the funding, the City must accept the grant award by directing the Mayor to sign the attached Grant Agreement. PRIOR ACTION: City Council passed Resolution 36-2024 on August 12, 2024, supporting this funding application. FINANCIAL IMPACT: The design and construction components of this project are estimated to cost $1,435,263. This JCOS funding reimburses up to $475,854 of that cost. The City was also awarded $951,709 from CDOT’s Transportation Alternatives Program (TAP) in 2023 for this project, also a reimbursement grant. The City has budgeted $112,850 in 2025 for the design phase of this project and will need to budget approximately $1,322,413 in 2026 to fund the construction phase of the project. Not approving this grant agreement would result in the awarded grant funds not being Council Action Form – JCOS Trails Partnership Program Agreement February 10, 2025 Page 2 available to the City for this project. BACKGROUND: The Jefferson County Trails Partnership Program is funded by the Jefferson County Open Space tax and exists to fund trail projects throughout the county at either up to 25% of the project cost for local trails or up to 50% of the project cost for regional trails. Extensions and connections to the Clear Creek Trail are generally considered part of the regional trail system. The Clear Creek Trail system is heavily used and highly valued by Wheat Ridge residents as a regional trail within the Jefferson County trails plan. Feedback from the bi-annual citywide resident survey, Let’s Talk Resident Engagement Program, and the 2023 updated Open Space Management Plan affirms this. This project replaces 8’ wide asphalt and concrete sections with 10’ wide concrete sections, which is the regional trail standard. Where feasible, 2’ wide soft-surface trail shoulders will be added along one or both sides of the trail. Widening the trail and adding usable shoulders make the trail safer and more user-friendly for multiple user groups (cyclists, pedestrians, dog-walkers, etc.). The specific project locations are included in the attachments and listed below: 1. Asphalt s-curve through Prospect Park 2. Wadsworth Trail connection to Otis St. connection 3. Otis St. connection to asphalt section between I-70 overpasses 4. Asphalt section underneath eastern I-70 overpass 5. Asphalt/concrete transition to Marshall St. connection 6. Marshall St. connection to proposed eastern Marshall St. connection 7. New park and trail connection from northbound/eastern Marshall St. to existing Clear Creek Trail RECOMMENDATIONS: Parks & Recreation Department staff recommend passing this resolution directing the Mayor to sign the grant agreement to accept the funding award to eventually reimburse a portion of the described trail project costs. RECOMMENDED MOTION: “I move to approve Resolution 09-2025, a resolution authorizing the Mayor to execute an agreement with Jefferson County Open Space to accept the Trails Partnership Program grant in the amount of $475,854 for concrete improvements and widening throughout segments of the Clear Creek Trail in Wheat Ridge.” Or, “I move to postpone indefinitely Resolution 09-2025, a resolution authorizing the Mayor Council Action Form – JCOS Trails Partnership Program Agreement February 10, 2025 Page 3 to execute an agreement with Jefferson County Open Space to accept the Trails Partnership Program grant in the amount of $475,854 for concrete improvements and widening throughout segments of the Clear Creek Trail in Wheat Ridge for the following reason(s).” REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant & Special Project Administrator Karen O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 09-2025 2. 2025 Trails Partnership Program Agreement 3. Description of Proposed Project 4. Application Maps and Photos CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 09 SERIES OF 2025 TITLE: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JEFFERSON COUNTY OPEN SPACE TO ACCEPT THE TRAILS PARTNERSHIP PROGRAM GRANT IN THE AMOUNT OF $475,854 FOR CONCRETE IMPROVEMENTS AND WIDENING THROUGHOUT SEGMENTS OF THE CLEAR CREEK TRAIL IN WHEAT RIDGE WHEREAS, the City of Wheat Ridge was awarded a grant from the Jefferson County Trails Partnership Program in the amount of $475,854 for design and construction improvements for certain segments of the Clear Creek Trail to align with the county’s standards; and WHEREAS, the City of Wheat Ridge has received information through resident engagement and resident committees that improvements to the Clear Creek Trail system, Wheat Ridge Greenbelt, and local parks are desired; and WHEREAS, the acceptance of the grant is subject to the condition of execution of the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The City Council hereby authorizes the Mayor to sign the grant agreement with Jefferson County Open Space. Section 2. This Resolution shall be in full force and effect upon its passage and approval. DONE AND RESOLVED this 10th day of February 2025 ATTEST: Bud Starker, Mayor Margy Greer, Sr. Deputy City Clerk ATTACHMENT 1 1 JEFFCO OPEN SPACE TRAILS PARTNERSHIP PROGRAM GRANT TERMS AND CONDITIONS 1.GRANT PROJECT TERMS. 1.1. The Board of County Commissioners for the County of Jefferson, State of Colorado(“County”) did duly adopt and pass Resolution No. CC-25-015 awarding to the City of Wheat Ridge (“Grantee”) a 2025 Jeffco Open Space (“JCOS”) Trails Partnership Program Grant by in the amount of $475,854.00 (“Grant”). The County and Grantee may be individually referred to herein as a “Party” or collectively as the “Parties.” 1.2. In consideration of its award of a Grant, Grantee agrees to abide by these Grant Terms and Conditions (“Grant Terms”). 1.3. Grantee shall only use the Grant monies for the project (“Project”) identified in the grantee’s Trails Partnership Program Application dated 8/29/2024 (“Application). Unless explicitly modified in an Addendum to this Agreement, the project as identified in the Application is considered the grantee’s Project and is incorporated into these Grant Terms. 1.4. Grantee shall begin the Project within the current calendar year and complete the Project by February 2027 (two years from award date), (the “Grant Period”). The parties understand that the Project will be deemed to be completed after a final inspection by JCOS showing the complete execution of the following reconstruction and/or improvement projects along the Clear Creek Trail: •At Prospect Park •Otis St to Wadsworth Trail •Otis St to former asphalt section •Near I-70 overpass •Marshall St from former asphalt section •Marshall St to Creekside Park •Marshall St to Clear Creek Trail Connection Any requested extension of the Grant Period will require JCOS’s prior written approval, which it may deny or condition in its discretion. 1.5. The Grant is comprised of Jefferson County Open Space Sales Tax Funds and/or a portion of the County’s share of the State of Colorado’s Conservation Trust Funds. Grantee understands and acknowledges it is bound by the use restrictions of such Funds, as applicable. For example and without limiting the foregoing, the use of JCOS Sales Tax Funds is limited to public open space, park, or recreation purposes pursuant to the 1972 Open Space Enabling Resolution, as amended. ATTACHMENT 2 2 1.6. Grantee shall manage the Grant funds in accordance with applicable laws, regulations, permitting requirements, these Grant Terms, and JCOS’s Policies, Procedures, and guidelines, as they may be amended from time to time. 1.7. Additional Grant Project Terms. Without limiting the foregoing, the following specific Grant terms also apply to the Grant funds and the Project: 1.7.1. ______________________________ 1.7.2. _______________________________ 2.PAYMENT OF GRANT FUNDS. 2.1. After review and approval of documentation submitted by Grantee establishing toJCOS’s satisfaction that 50% of the cost of the Project has been completed, JCOS shall remit 50% of the Grant funds to Grantee pursuant to wiring instructions provided to JCOS. 2.2. After Project completion, Grantee shall provide JCOS a summary of the Project that at minimum includes a written narrative, photos and/or illustrations, and a summary of expenditures. After review and approval of this information and any other relevant documentation it may require, JCOS shall remit the remaining 50% of the Grant funds to Grantee pursuant to wiring instructions provided to JCOS. 2.3. In lieu of the payment terms set forth in paragraphs 2.1 and 2.2 above, in its discretion JCOS may agree to an alternate payment schedule. In that event the terms of the alternate payment schedule shall be attached to these Grant Terms as an Addendum. 3.COMMUNICATION; REPORTS; RECORDS. 3.1. Grantee and JCOS shall each appoint one individual to act as principal contact personfor notices and other communications concerning the Grant and the Project. The initial appointees are: Grantee (name, email, phone): Brandon Altenburg; baltenburg@ci.wheatridge.co.us; (303) 231-1307JCOS: Emily Guffin; eguffin@jeffco.us; (303) 271-5946 Grantee or JCOS may change its contact person at any time by written notice to the other Party. 3.2. On a quarterly basis Grantee shall provide JCOS with a written Project report that at minimum describes the status of the Project and provides an accounting of Grant fund expenditures. 3 3.3. Grantee shall maintain its books and records in a manner that will provide JCOS with sufficient detail to review Grantees receipts and expenditures relating to the Grant. Grantee shall make such records available for review by JCOS upon reasonable notice during the Grant Period and for two years thereafter. 4. DONOR RECOGNITION; PUBLICITY. Grantee agrees to adhere to the JCOS Funding Recognition Guide attached as Exhibit A to appropriately acknowledge a contribution from the Trails Partnership Program to complete the Project. 5. PROJECT CHANGES. Grantee shall notify JCOS if Grantee determines in good faith that because of changed circumstances it is no longer possible for the Grant to serve its original purpose. In that case, and upon JCOS’s prior written approval, Grantee may use the remaining Grant funds on a public open space, park, or recreation project or projects in line with both Grantee’s and JCOS’s mission. The Parties shall execute an amendment to these Grant Terms addressing any such Project change and these Grant Terms, as amended, shall apply to and govern the new or revised Project. 6. NONCOMPLIANCE. Grantee understands and acknowledges that noncompliance with these Grant Terms may result, for example, in JCOS requiring the return of all or a portion of the Grant funds and/or Grantee’s ineligibility for future Trails Partnership Program grant funds. 7. MISCELLANEOUS TERMS. 7.1. No Assumption of Liabilities. By providing the Grant and completing the Project neither Party is assuming any liability for the acts or omissions of the other Party or any third party. Grantee shall indemnify and hold the County harmless from any loss that the County may incur as a result of any third party’s claim which is in any way related to the Grant or the Project. 7.2. No Employment Relationship. By providing the Grant and completing the Project or by execution or acceptance of these Grant Terms, neither Party is acting as an agent, servant, or employee of the other Party. 7.3. No Third-Party Beneficiaries. The Parties agree the Grant and these Grant Terms is only intended to cover the relative responsibilities of the Parties and no third party beneficiaries are intended. 7.4. Governmental Immunity. Nothing associated with the Grant or contained in these Grant Terms shall give or allow any claim or right of action by any third party, nor shall anything contained herein be construed as a waiver of the right of the Parties to assert all defenses and limitations on liability provided by law including, without limitation, the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S., and the Owners of Recreational Areas Act, §33-41-101, et seq., C.R.S., or any successor acts or provisions. 4 7.5. Officials Not to Benefit. No elected or employed member of either Party shall be paid or receive, directly or indirectly, any share or part of the Grant or any benefit that may arise therefrom. 7.6. Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, and upon full execution thereof, such copies taken together will be deemed to be a full and complete agreement between the parties. These Grant Terms may be signed electronically. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §24-71.3-101 through §24-71.3-121. 7.7. Waiver. The failure of JCOS to object to Grantee’s use of the Grant funds or noncompliance with these Grant Terms shall not be deemed a waiver. The undersigned, on behalf of Grantee, hereby agrees to abide by these Grant Terms. GRANTEE: City of Wheat Ridge By______________________________ Name___________________________ Title____________________________ Date:___________________________ JCOS Acceptance: By______________________________ Name___________________________ Title____________________________ Date:___________________________ 5 EXHIBIT A JCOS Funding Recognition Guide Description of Proposed Project City of Wheat Ridge Clear Creek Trail Proposal The regional Clear Creek Trail (CCT) is an ongoing project to create a 65-mile trail of statewide significance that will serve the 3 million residents of the Denver metro area. The goal is that the Trail will one day connect the South Platte Trail in Denver to the headwaters of Clear Creek at Loveland Pass. Once completed, it will connect four counties and seven cities, with a total elevation gain of more than 1 mile. This legacy trail project will offer visitors a truly quintessential Colorado experience. That is why it was chosen as one of former Governor Hickenlooper’s 16 highest priority trail projects in the state as part of the Colorado the Beautiful Initiative. The CCT runs through the Wheat Ridge Greenbelt for ~7 miles and receives heavy cyclist, pedestrian, and other recreational users. This proposal is to reconstruct significant sections of the CCT in east Wheat Ridge to meet the trail standard of 10’-wide, 6” deep concrete with 2’-wide crusher fines on both sides (where feasible). This work would make the entire CCT in Wheat Ridge, except the eastern-most 2,000 linear feet in Wheat Ridge, the standard 10’-wide concrete with crusher fines shoulders (where feasible). This proposal will also improve safety, access, connectivity, the user experience for multiple types of recreational user groups, and maintenance efficiency and effectiveness on Wheat Ridge’s section of the CCT. Project Description by Map Section west-to-east: #1: Asphalt Upgrade and Widening Near Prospect Park: This section is the second of two remaining Wheat Ridge trail-sections that are still the original 8’-wide asphalt. To meet the CCT trail standard, the asphalt will need to be replaced by approximately 533 SY of concrete with 2’-wide crusher fines shoulders. This area borders the newly renovated Prospect Park, which is one of the most popular CCT trailheads in Wheat Ridge and includes two ballfields, two soccer/football fields, a lake with fishing piers, a large picnic pavilion, six pickleball courts, and more. It also includes two tighter curves that have lower visibility in the spring/summer when the adjacent trees are filled out. #2: Otis St. Connection (replaced and improved in 2022) to Wadsworth Trail Connection (scheduled to open in 2024 with street project) The west end of this section is where the in-progress Wadsworth Trail connection ramp meets the CCT. The Wadsworth Trail is a new 12’-wide multi-use trail that is under construction and will run along the east side of Wadsworth Boulevard from the CCT south to 32nd Avenue. The new trail and connection will greatly improve bike/ped access and connectivity along the Wadsworth corridor and to the CCT. West of this connection point, the CCT becomes 10’ wide concrete again. East of this connection point is 8’-wide concrete and includes a limited visibility curve and existing damaged concrete areas. There is also an area west of the Otis St. connector trail that frequently has drainage and freezing/ice issues in the winter that will need to be addressed and improved with this new trail design. ATTACHMENT 3 Description of Proposed Project City of Wheat Ridge Clear Creek Trail Proposal Reconstructing this stretch to the CCT standard, in the context of this full proposal, would make the Wheat Ridge CCT the standard trail width from Creekside Park on the east side all of the way through Wheat Ridge into unincorporated Jefferson County on the west side. This is estimated to be 1,900 SY of new concrete. #3: Otis St. TH Connection to former Asphalt section, underneath two I-70 overpasses This section is currently 8’-wide concrete, goes under two overpasses, includes a bridge abutment that impedes the trail and causes user safety concerns and impacts maintenance efforts, and connects to the newly improved 10’-wide Otis St. trailhead connection. There are areas of damaged concrete throughout this section. Drainage improvements would be added where needed under the overpasses. This improvement could include an addition of a small trail connector to form a “Y” trail connection between the CCT and the Otis St. trail. This 852 SY concrete reconstruction would make this entire stretch 10’-wide concrete with crusher fines shoulders where feasible. #4: Asphalt Upgrade and Widening Near I-70 Overpass: This section is one of two remaining Wheat Ridge trail-sections that are still the original 8’-wide asphalt. To meet the CCT trail standard, the asphalt will need to be replaced by approximately 370 SY of concrete with 2’-wide crusher fines shoulders. This section goes through CDOT right-of-way underneath an I-70 overpass and includes tighter curves with blind corners and reduced lighting due to the overpass. The current asphalt is damaged in many places. #5: Replacement and Widening to 10’ from former asphalt section to 10’ Marshall St. trail connection This section is currently 8’-wide concrete, goes under an overpass, and connects to the eastern end of the proposed asphalt replacement area and to the western end of the 10’-wide concrete trail connection from the west side of Marshall St. This 474 SY concrete reconstruction would make this entire stretch 10’-wide concrete with crusher fines shoulders where feasible. #6: Marshall St. west connection to proposed Marshall St. east connection and Creekside Park Reconstructing this section from the current 8’-wide concrete to the trail standard 10’-wide concrete would fill a gap in this project’s scope as it is in-between the proposed east Marshall St. – CCT connection and the previously listed section #4. This would be approximately 551 SY of concrete. #7: Marshall St. to Clear Creek Trail and Creekside Park Connection Description of Proposed Project City of Wheat Ridge Clear Creek Trail Proposal This proposed trail connection has been a identified as a connection need by open space staff and via public engagement. From Marshall St., users have worn a dirt path to the CCT. This proposal would build a 116 SY trail connection to the CCT standard to improve access here. This area borders Creekside Park in Wheat Ridge and is near to the Arvada border. Maps, Plans, and Photographs City of Wheat Ridge Clear Creek Trail Proposal Overall project map within an excerpt of the Wheat Ridge Greenbelt and Clear Creek Trail. Project areas circled in purple with purple notes. Subsequent numbered sections are west-to-east along Trail: CDOT disproportionally impacted communities map and project areas circled in red ATTACHMENT 4 Maps, Plans, and Photographs City of Wheat Ridge Clear Creek Trail Proposal 1. Asphalt Upgrade and Widening Near Prospect Park: 8’ asphalt removal and replacement with 10’ wide concrete (6” depth) and 2’ crusher fines on each side plus reseeding. 533 square yards of new concrete. L-R: Images of current 8’-wide asphalt section in need of maintenance near Prospect Park. Curves have less visibility in summer when trees are in bloom Maps, Plans, and Photographs City of Wheat Ridge Clear Creek Trail Proposal 2. Otis St. Connection (replaced and improved in 2022) to Wadsworth Trail Connection (scheduled to open in 2024 with street project). 1,900 square yards of new 10’-wide, 6” depth concrete plus 2’ crusher fines shoulders on both sides (where feasibly) and re-seeding L-R: In-progress Wadsworth Trail connection to P2P, west-view of Wads/P2P connection and new 10’- wide concrete, east view of 8’-wide concrete and blind curve east of Wads Maps, Plans, and Photographs City of Wheat Ridge Clear Creek Trail Proposal 3. Otis St. TH Connection to former Asphalt section, underneath two I-70 overpasses. 852 square yards of new 10’-wide, 6” depth concrete plus 2’ crusher fines shoulders on both sides (where feasibly) and re-seeding L-R: View east from upgraded Otis St. connection and CCT, potential added short trail connection, underpass with bridge abutment encroaching on 8’-wide trail, making it ~6.5’ and impacting use and maintenance Maps, Plans, and Photographs City of Wheat Ridge Clear Creek Trail Proposal 4. Asphalt upgrade and widening near I-70 overpass. 8’ asphalt removal and replacement with 370 square yards of 10’ wide concrete (6” depth) and 2’ crusher fines on each side plus reseeding L-R: West transition point, (hard to see with dirt from bridge construction), middle, and east transition point of 8’ asphalt section (from 8’ concrete trail) Maps, Plans, and Photographs City of Wheat Ridge Clear Creek Trail Proposal 5. Replacement and widening to 10’ from former asphalt section to 10’ Marshall St. trail connection. 474 square yards of 10’-wide, 6” depth concrete plus 2’ crusher fines shoulders on both sides (where feasibly) and re-seeding. L-R: View looking east of transition to 8’-wide concrete, mid-section of 8’-wide concrete and underpass, view of 10’-wide Marshall St. trail connection Maps, Plans, and Photographs City of Wheat Ridge Clear Creek Trail Proposal 6. Marshall St. west connection to proposed Marshall St. east connection and Creekside Park. 551 square yards of new 10’-wide, 6” depth concrete plus 2’ crusher fines shoulders on both sides (where feasibly) and re-seeding L-R: Looking east approaching Marshall St. west connection, Marshall St. underpass, east towards/through Creekside Park Maps, Plans, and Photographs City of Wheat Ridge Clear Creek Trail Proposal 7. New trail and park connection from Marshall St. to Clear Creek Trail and Creekside Park. 116 square yards of new 10’-wide, 6” depth concrete plus 2’ crusher fines shoulders on both sides (where feasibly) and re-seeding L-R: View of proposed connection from Marshall, view from CCT, example similar connection nearby ITEM NUMBER: 1f DATE: February 10, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 10-2025 TITLE: A RESOLUTION AMENDING THE 2025 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $10,000 FOR THE PURPOSE OF ACCEPTING AND UTILIZING GRANT FUNDS FROM THE JEFFERSON COUNTY OPEN SPACE FOUNDATION’S NATURE’S NEXT STEWARDS PROGRAM ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The City of Wheat Ridge was awarded $10,000 from the Jefferson County Open Space Foundation’s Nature’s Next Stewards Program. The funding will support a second weekly field trip for summer Sun Camp participants in 2025; focusing on visiting natural spaces in the county and paired with environmental education. To increase the Sun Camp 2025 budget to spend the funding appropriately, the City must increase the Sun Camp operating supplies budget by passing a supplemental budget appropriation. PRIOR ACTION: There has been no prior Council action on this issue. FINANCIAL IMPACT: This supplemental budget appropriation in the amount of $10,000 will allow the Parks & Recreation Department to utilize the awarded funding to support a second weekly field trip during the summer 2025 Sun Camp season with no additional cost to the participants. This funding would increase the 01-622-650-660 budget in 2025 by $10,000. Not approving this supplemental budget appropriation will result in the City having to Council Action Form – Nature’s Next Steward Grant Budget Supplemental February 10, 2025 Page 2 return the $10,000 in grant funds. BACKGROUND: The Nature’s Next Stewards Program through the Jefferson County Open Space Foundation is in its inaugural year and is investing allocated funding from the Mile High Stadium District and individual and business donations to support existing and new youth programs in specific focus areas. Parks & Recreation Department staff submitted a funding application to support a second weekly field trip for Sun Camp participants in 2025. This funding will allow participants to go on a second weekly field trip at no additional cost. The added field trips will include an environmental education component. Planned locations include Red Rocks Mountain Park, Lookout Mountain Preserve and Nature Center, Dedisse Park and Evergreen Lake, Dinosaur Ridge, Boulder Reservoir, Happiness Gardens, Genesee Park, and the Wheat Ridge Greenbelt (all subject to change). RECOMMENDATIONS: Parks & Recreation Department staff recommend passing this resolution and associated supplemental budget appropriation, so additional funds can benefit children in the Sun Camp program. RECOMMENDED MOTION: “I move to approve Resolution 10-2025, a resolution amending the 2025 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $10,000 for the purpose of accepting and utilizing grant funds from the Jefferson County Open Space Foundation’s Nature’s Next Stewards Program.” Or, “I move to postpone indefinitely Resolution 10-2025, a resolution amending the 2025 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $10,000 for the purpose of accepting and utilizing grant funds from the Jefferson County Open Space Foundation’s Nature’s Next Stewards Program for the following reason(s).” REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant & Special Project Administrator Karen O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 10-2025 2. Nature’s Next Stewards Grant Agreement 3. Nature’s Next Stewards Grant Information CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 10 SERIES OF 2025 TITLE: A RESOLUTION AMENDING THE 2025 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $10,000 FOR THE PURPOSE OF ACCEPTING AND UTILIZING GRANT FUNDS FROM THE JEFFERSON COUNTY OPEN SPACE FOUNDATION’S NATURE’S NEXT STEWARDS PROGRAM WHEREAS, the City of Wheat Ridge has received grant dollars from the Jefferson County Open Space Foundation’s Nature’s Next Stewards Program for the 2025 Sun Camp program that need to be spent by May 15, 2026; and WHEREAS, the City of Wheat Ridge wishes to invest these funds into the summer Sun Camp program before the deadline; and WHEREAS, a supplemental budget appropriation is required to transfer these funds into the General Programs expense account 01-622-650-660. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Mayor and City Council approve the budget supplemental. Section 2. This Resolution shall be in full force and effect upon its passage and approval. DONE AND RESOLVED this 10th day of February 2025 [SEAL] Bud Starker, Mayor ATTEST: Margy Greer, Sr. Deputy City Clerk ATTACHMENT 1 JEFFCO OPEN SPACE FOUNDATION YOUTH PROGRAM GRANT AGREEMENT THIS JEFFCO OPEN SPACE FOUNDATION YOUTH PROGRAM GRANT AGREEMENT (this “Agreement”), dated this 19th day of January, 2025, is made and entered into by and between JEFFCO OPEN SPACE FOUNDATION, INC., (the “Foundation”) and City of Wheat Ridge Parks and Recreation (the “Grantee”). RECITALS: The Foundation received funding from the Mile High Stadium District to support existing and new youth programs in specific focus areas. Grantee submitted an application (the “Grantee Application”) requesting funding to support the project described in the Grantee Application (the “Project”), which the Foundation has approved in accordance with the terms and conditions of this Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the covenants and conditions set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Foundation and the Grantee agree as follows: 1. AGREEMENT DOCUMENTS. The “Agreement Documents” shall consist of this Agreement, the Grantee Application attached hereto as Exhibit A, and the Insurance Requirements attached hereto as Exhibit B, each of which is incorporated herein by this reference whether or not attached hereto. If there is any conflict between this Agreement and the other Agreement Documents, this Agreement shall control. 2. PROJECT DESCRIPTION. The Grantee shall complete the Project in a timely manner and in accordance with the terms of the Agreement Documents. 3. PERIOD OF PERFORMANCE. The Grantee shall complete the Project no later than May 15, 2026, (the “Completion Date”). 4. QUARTERLY REPORTING. The Grantee shall complete and submit to the Foundation data on the Project, through an online form, the link to which will be provided. Such data shall include the number, demographics, grades, and schools of youth served (to date and budgeted) and will be reported on a quarterly basis until the Project is complete. 5. AUTHORIZED REPRESENTATIVES. The Foundation designates Travis Dungan as the “Foundation Representative” under this Agreement. The Foundation may change its representative at any time by notice to the Grantee. 6. FUNDS AND PAYMENT. In consideration of the Grantee’s satisfactory completion of the Project and compliance with all Agreement terms, the Foundation shall pay the Grantee the fixed, firm amount of $10,000 (the “Grant Funds”). 7. MATCHING OBLIGATION. As a condition of receiving the Grant Funds, the Grantee commits to provide matching funds of at least $10,000 (the “Matching Obligation”). 8. CHANGES TO PROJECT SCOPE. The Grantee may request, in writing, changes to the scope of the Project as may be necessary to accomplish the purposes of this Agreement. The Foundation Representative, may approve changes to the scope of the Project. 9. PUBLICITY. The Foundation and the County of Jefferson, State of Colorado (the “County”) may publicly disclose the existence of this grant, including without limitation the Grantee’s name, the amount awarded, and a description of the Project, and any media (such as, but not limited to, photographs, videos, or other depictions of the Project). If the Grantee issues any public communications regarding the Project, the Grantee shall include a disclosure regarding this grant, which shall be approved by the Foundation Representative and the County in advance. 10. AMENDMENT. The Agreement Documents contain the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. ATTACHMENT 2 11.DAMAGES. If the Grantee fails to comply with any material provision of the Agreement, the Grantee may be liable for damages incurred by the Foundation, including without limitation, the return of any Grant Funds provided to the Grantee, or costs and expenses incurred by the County resulting from the Grantee’s failure to comply. 12.NON-ASSIGNMENT. The Grantee shall not assign this Agreement without the prior written consent of the Foundation Representative. The Grantee shall be responsible for the acts and omissions of its agents, employees and subcontractors. 13.INDEPENDENT CONTRACTOR STATUS; PAYMENT OF TAXES AND UNEMPLOYMENT INSURANCE. The Grantee is an independent contractor and is not an agent, servant or employee of the Foundation or County. The Grantee and its employees are not entitled to workers' compensation benefits through the County. The Grantee is solely responsible for necessary and adequate workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Grantee and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by an entity other than the County. The Grantee hereby acknowledges full and complete liability for and timely payment of all local, state and federal taxes imposed including, without limitation, tax on self- employment income, unemployment taxes and income taxes. 14.INSURANCE. The Grantee shall purchase and maintain such insurance in a company or companies licensed to do business in the State of Colorado as will protect them from claims which may arise out of or result from the Project. The insurance required in this paragraph shall be written for not less than the amounts set forth in the Insurance Requirements, attached hereto. The Grantee shall provide the Foundation with written evidence of the Grantee’s insurance coverage within three (3) business days of a request from the Foundation. The Grantee shall provide the Foundation with prompt notice of any proposed change to, or cancellation of the insurance coverage, by a Subgrantee. Any proposed change to the insurance coverage shall comply with the terms of this Agreement. 15.CERTIFICATE OF INSURANCE. All certificates of insurance and guarantees required by this Agreement shall be submitted by the Grantee to the County prior to commencement of work on the Project. Within a reasonable time after submittal, the County shall either approve the certificates of insurance or notify the Grantee of any unacceptable conditions stating the specific reasons therefor. The Grantee shall promptly re- submit an acceptable certificate of insurance, which the County shall review within a reasonable time. 16.INDEMNIFICATION. The Grantee shall indemnify, defend and hold the County and Foundation, and their officials, agents and employees harmless from and against any and all claims, damages, losses, injuries and expenses (including reasonable attorneys’ fees), relating to or arising out of: (1) any act or omission of the Grantee, its officers, employees, subcontractors, or agents in connection with the Project; (2) any breach of a covenant, representation or warranty made by the Grantee under this Agreement; (3) use by the Grantee of any intellectual property in connection with the Project (whether such intellectual property is owned by the Grantee or a third party) or the incorporation by the Grantee of intellectual property into the Project; and (4) any workers’ compensation claims brought by any officer, employee, subcontractor or agent of the Grantee relating to or arising out of such person’s work on the Project. 17.EQUAL EMPLOYMENT OPPORTUNITY. The Grantee shall not refuse to hire, discharge, promote or demote, or discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, color, national origin or ancestry, religion, disability, age, sexual orientation, gender identity, veteran status, or any other basis prohibited by federal, state or local law. 18.WARRANTIES. The Grantee represents and warrants that: (a)It will complete the Project in a timely, accurate, and competent manner in accordance with the professional standards of the industry; (b)Any methodologies or programs or other intellectual property utilized in the Project were independently developed by it or duly licensed from third parties and shall neither infringe upon nor violate any patents, copyrights, trade secrets or other proprietary or intellectual property rights of a third party; (c)If it is an entity, it is duly organized, validly existing, and in good standing under the laws of the State of Colorado; (d) The execution, delivery and performance of this Agreement by the Grantee does not and will not: (1) require the consent of any undisclosed person or entity, (2) violate any legal requirement or (3) conflict with, or constitute a breach or violation of (a) its entity’s organizational documents, if any, or (b) the terms or provisions of any other agreement, instrument or understanding by which the Grantee is bound or affected. 19. NOTICES. The parties agree that: (i) any notice or communication transmitted by electronic mail shall be treated in all manner and respects as an original written document; (ii) any such notice or communication shall be considered to have the same binding and legal effect as an original document; and (iii) at the request of either party, any such notice or communication shall be re-delivered or re-executed, as appropriate, by the party in its original form. The parties further agree that they shall not raise the transmission of a notice or communication, except for Key Notices, by electronic mail as a defense in any proceeding or action in which the validity of such notice or communication is at issue and hereby forever waive such defense. For purposes of this Agreement, the term “electronic mail” means email. 20. MISCELLANEOUS PROVISIONS. (a) Compliance with Laws. The Grantee shall observe and comply with all Federal, State and local laws, regulations and ordinances that affect the Grantee or those employed or engaged by it, the materials or equipment used and the Project work. The Grantee shall procure all necessary approvals, licenses and permits at its own expense. (b) Officials Not to Benefit. No elected or employed member of the County government shall be paid or receive, directly or indirectly, any share or part of this Agreement or fit that may arise therefrom. (c) Conflict of Interest. The Grantee shall not knowingly perform any act that would conflict in any manner with the work on the Project. The Grantee certifies that it is not engaged in any current project or business transaction, directly or indirectly, nor has it any interest, direct or indirect, with any person or business that might result in a conflict of interest in the Project work. (d) Confidentiality. During the course of Grantee’s work on the Project, Grantee or Grantee’s employees, subcontractors, or agents may have access to certain confidential and proprietary information owned by the County that may be disclosed orally, in writing or by observation. All such information shall be maintained in strict confidence, shall not be used except as necessary for the performance of the Agreement and shall not be disclosed to any third party without prior written approval of the County unless required under the Colorado Open Records Act or other law. All tangible items or material developed by or made available to Grantee or Grantee’s employees, agents, representatives, assigns, or subcontractors hereunder shall be delivered to the County promptly upon the cancellation, termination or completion of this Agreement. (e) Governing Law, Forum, Venue. This Agreement and the rights and duties of the parties hereunder shall be interpreted in accordance with the laws of the State of Colorado applicable to Agreements made and to be performed entirely within such State without regard to its conflict of law provisions; and the Courts of such State shall have sole and exclusive jurisdiction over any disputes or litigation arising hereunder. Venue for any and all legal actions arising hereunder shall lie in the District or County Court in and for the County of Jefferson, State of Colorado. (f) Survival. Notwithstanding anything to the contrary, the parties understand and agree that all terms and conditions of this Agreement that require continued performance or compliance beyond the termination or expiration of this Agreement, including without limitation the indemnification and warranty provisions, shall survive such termination or expiration and shall be enforceable against a party if such party fails to perform or comply with such term or condition. (g) Waiver. This Agreement or any of its provisions may not be waived except in writing by a party’s authorized representative. The failure of a party to enforce any right arising under this Agreement on one or more occasions will not operate as a waiver of that or any other right on that or any other occasion. (h) No Third Party Beneficiaries. The enforcement of this Agreement and all rights of action relating to such enforcement, shall be strictly reserved to the County and the Grantee. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person, nor shall anything contained in this Agreement be construed as a waiver of any provision of the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et. Seq., as amended. It is the express intention of the County and the Grantee that any such person or entity, other than the County or the Grantee, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. (i)Records Retention. The Grantee shall maintain all records, including working papers, notes and financial records, which records shall be available to the County for inspection and audit for a period of three (3) years from the date of termination of the Agreement unless the Grantee is notified in writing by the County of the need to extend the retention period. Copies of such records shall be furnished to the County upon request without charge by the Grantee. (j)Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this Agreement. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S.§§24-71.3-101 to -121. (k)Proper Execution. Each party represents that all procedures necessary to authorize such party’s execution of this Agreement have been performed and that the person signing for such party has been authorized to do so. JEFFCO OPEN SPACE FOUNDATION, INC. By: Travis Dungan, President Agreed & Acknowledged: Grantee: City of Wheat Ridge Parks and Recreation Authorized signature: Name: Karen O'Donnell Position: Director of Parks and Recreation Date: e-mail address:kodonnell@ci.wheatridge.co.us Address: 4005 Kipling St. Wheat Ridge, CO 80033 01/21/2025 Grantee Application - Exhibit A Name of organization submitting application City of Wheat Ridge Parks and Recreation Type of organization government or special district Organization address 4005 Kipling St. Organization city Wheat Ridge Organization state CO Organization zip code 80033 Organization Federal tax ID number 84-0595832 Applicant name Brandon Altenburg Applicant email address baltenburg@ci.wheatridge.co.us Applicant position baltenburg@ci.wheatridge.co.us Are you willing to sign a grant agreement on behalf of your organization? No (I will provide authorized signer info) Authorized signer name (only if you answered ‘no’ to question 11) Karen O'Donnell Authorized signer email (only if you answered ‘no’ to question 11) kodonnell@ci.wheatridge.co.us Authorized signer position (only if you answered ‘no’ to question 11) Director of Parks and Recreation Amount of grant requested. $10,000 Amount and source of matching funds to be provided. $10,000+, from City of Wheat Ridge Parks and Recreation General Fund With which of the Jeffco Open Space Foundation trusts does/do your planned use of the grant align? Outdoors for All;Good Stewards; Please describe how you plan to use the grant to support the objectives of the trust(s) selected above. This grant would support the objectives of the Outdoors for All objective by funding bus transportation for kids in Wheat Ridge’s Sun Camp summer program to outdoor recreation locations throughout the western Denver metro. It will also cover certain rentals, tours, programs, activities, and permits related to those outdoor recreation locations and activities. Lastly, the funding would cover additional camp shirts for the campers and water bottles the kids will be able to personalize and use throughout the summer. This grant would support the objectives of the Good Stewards program as each outdoor recreation trip will incorporate specific and relevant educational lessons on trail courtesy, Leave No Trace ethics, ecology/biology/wildlife, dinosaurs/fossils, water safety, urban agriculture, bison, forestry, birding, and general visitor stewardship lessons. These educational programs will be for youth ages 6-12, which align with the youth development initiatives component of the objective. Please describe how you plan to use the grant to serve youth in one or more of the focus areas discussed in the grant flyer. Wheat Ridge Parks and Recreation will use the grant to serve youth in each of the focus areas discussed in the grant program flyer. 1.This program will equitably connect 105 youth to nature and the outdoors throughout new programs, trips, and partnerships through the Sun Camp program. Should the grant be awarded to the Sun Camp program, participants will be able to travel and participate in these outdoor recreation programs at no additional cost with their camp registration fee. This increases equity as cost is eliminated as a barrier to participation. Participants registering for the Sun Camp program can also utilize the Parks and Recreation department’s discount and scholarship programs, which can reduce the cost for eligible participants by 25%, 50%, and/or by up to $150/year. More information on those programs is available here: https://www.rootedinfun.com/239/Scholarships-Discounts 2.This program will also support agriculture and horticulture programs and initiatives by furthering youth interest in gardening, farming, and plant care. Sun Campers will travel to Wheat Ridge’s community garden to learn from the city’s garden coordinator about urban agriculture, farming, and plant care. Campers will also learn from Wheat Ridge’s forestry team about tree health, tree maintenance, species diversity, the benefits of trees, and more. 3.Lastly, this program will help cultivate the next generation of conservationists by expanding the existing Sun Camp program to include initiatives that teach youth to love and appreciate the land and our natural resources, about sound stewardship, outdoor ethics, and trail courtesy. The trip schedule and educational sessions incorporated into this program are designed to cover those topics, with specific sessions on Leave No Trace, trail courtesy while hiking, ecology/biology/wildlife, dinosaurs and fossils, water safety, urban agriculture, bison, forestry, and birding. These sessions will help build a foundational conservation ethic in the Sun Campers (ages 6-12). The program schedule details will be submitted via a separate document over email. How many youth do expect to serve through use of this grant and matching funds? 105 Briefly describe the demographics of youth expected to be served through use of this grant and matching funds. Participants in Sun Camp are ages 6-12 and primarily come from Wheat Ridge, but some campers do come from other Jefferson County municipalities such as Edgewater, Lakewood, Arvada, Westminster, Golden, Mountain View, and from unincorporated areas plus the city of Denver. Sun Camp is open enrollment and inclusive of all kids regardless of ability or medication needs. Historically, 3-4 campers per summer have a physical or cognitive disability. Registration for summer 2025 has not yet opened and so we do not have specific registration data for next summer. Demographics of Wheat Ridge are: Median household income: $79,567 Race/ethnicity: Hispanic or Latino population: 7,231 (22.32%) Race/ethnicity: White population: 24,132 (74.49%) Race/ethnicity: Black population: 466 (1.4%) Race/ethnicity: Two or more races: 4,415 (13.63%) Demographics from Jefferson County are: Median household income: $102,231 Race/ethnicity: Hispanic or Latino population: 91,514 (16.73%) Race/ethnicity: White population: 460,764 (79.05%) Race/ethnicity: Black population: 7,356 (1.26%) Race/ethnicity: Two or more races: 62,972 (10.80%) *all data from census.gov What grades and schools are the youth expected to be served through use of this grant and matching funds? Wheat Ridge Sun Camp participants are entering 1st grade through 7th grade (ages 6-12). Camp participants historically come from the following schools, but are not limited to these schools: Stevens Elementary, Prospect Valley Elementary, Mountain Phoenix Community School, Compass Montessori, Peak Expeditionary School at Pennington, Edgewater Elementary, Free Horizon Montessori, Sobesky Academy, Lumberg Elementary, Stober Elementary, Jefferson County Open School, Everitt Middle, Drake Middle, the Manning School of Academics & Arts, Bell Middle, Creighton Middle, Skinner Middle, and Lake Middle School. Please describe the expecting timing of use of the grant, including any other non-financial commitments that must be obtained to permit such use, such as permission to use a park. The expected timing of the use of the grant is June-July 2025, which is when Wheat Ridge’s Sun Camp program will be held in 2025. Sun Camp is divided with 6-8 year old campers at one location (Anderson Building and Outdoor Pool) and 9-12 year old campers at another (Wheat Ridge Recreation Center). The outdoor trips funded through this grant would have the older age group travel on Wednesdays and the younger age group travel on Thursdays. The program would start on 6/4/2025 and conclude on 7/31/2025. The week of 6/30-7/4 would not include any trips due to many families traveling or having plans for the 4th of July holiday. Sun Camp would travel to spaces managed by Jeffco Open Space, Denver Mountain Parks, Dinosaur Ridge, the City of Boulder, and the City of Wheat Ridge. Sun Camp staff have already reached out to each land/space manager to discuss permit/reservation details. Jeffco Open Space and the Lookout Mountain Preserve and Nature Center confirmed staff availability for two dates for the camps to visit in June 2025. For Denver Mountain Parks, the program would travel to Red Rocks, Dedisse Park and Evergreen Lake, and Genesee Park. Information on permit requests for spring/summer 2025 for Denver Mountain Parks will be posted by December 13th, 2024 by the City of Denver. A reservation request for group tours and facilitated programs has been confirmed by Dinosaur Ridge for the preferred Sun Camp dates. A group reservation request will be submitted to Boulder Reservoir in March 2025. No permits are required for the City of Wheat Ridge as Sun Camp is a city program, but relevant staff are already scheduled for the related educational sessions. INSURANCE REQUIREMENTS –GENERAL I Forward the Certificate of Insurance, compliant with the requirements below, to travismd@gmail.com. Questions can also be sent to this email address.Required II Certificate Holder must be: Jefferson County, Colorado. c/o IMA Certificate Compliance 1705 17th Street, Suite 200 Denver, CO 80202 Required III Jefferson County must be added as an additional insured to general liability and auto liability policies. Required IV All policies as required shall provide a waiver of subrogation in favor of Jefferson County Required V Insurance Requirements Commercial General Liability -(on form CG 00 01 04 13 or its functional equivalent): If applicable to the scope of work, the following shall be included: - No exclusion for abuse or molestation - No exclusion for assault and battery - Liquor Liability Required $1M ea occurrence $2M general aggregate $1M Personal Injury $2M products and completed operations aggregate Crime – Employee Dishonesty - $1,000,000 Forgery or Alteration - $1,000,000 Theft Destruction & Disappearance - $500,000 Computer Fraud - $1,000,000 Wire Transfer - $1,000,000 Third Party Coverage Jefferson County must be named as Loss Payee on the policy All deductibles or self-insured retentions (SIRs) in excess of $5,000 must be listed on the certificate of insurance.Required The insurance requirements specified by the county shall remain in effect for the full term of the contract and/or agreement and any extension thereof. Updated Certificates of Insurance shall be sent to the county during the full term of the contract and/or agreement and any extension thereof. Required The county reserves the right to reject any insurer it deems not financially acceptable on insurance industry resources. Property and liability insurance companies shall be licensed to do business in Colorado and shall have an A.M. Best rating of not less than A- and/or VII. Additionally, the county reserves the right to reject any insurance with relatively large deductibles or self-insured retentions (SIRs), deemed by the county to pose too high a risk based on the size of the contractor, financial status or rating of the contractor, or based on the size or type of the project and the exposure. Required Any deviations below the standards given above must be approved by Jefferson County Safety and Compliance. Required Any subcontractors must meet the same insurance requirements for the contract or purchase order unless Safety and Compliance has approved a deviation. Required JEFFCO OPEN SPACE FOUNDATION GRANT Nature’s Next Stewards OVERVIEW This program was developed on the belief that everyone needs nature to thrive, nature must be loved and cared for, experiential learning is lasting, and that children are nature’s next stewards. It has been graciously funded by individual and business donations and by Jefferson County Commissioners award to Jeffco Open Space Foundation (JCOSF) using funding from the Metropolitan Football Stadium District to support existing and new youth programs and initiatives in specific focus areas. ELIGIBILITY & PROGRAM REQUIREMENTS Eligible programs must serve youth in one or more of the following focus areas: 1)Equitably connecting youth to nature and the outdoors through existing and new programs, initiatives and partnerships offered by nonprofit organizations, and public park & recreation districts serving unincorporated Jeffco and cities and towns wishing to partner for this purpose. 2)Supporting agriculture, equine and horticulture programs and initiatives that introduce, or further youth interest in, farming, ranching, raising livestock, plant and animal care, equestrian and western heritage activities offered at the Jeffco Fairgrounds by nonprofit organizations and public park and recreation providers. 3)Cultivating the next generation of conservationists through existing and new programs and initiatives that teach youth to love and appreciate the land and our natural resources, about sound stewardship, outdoor ethics, and trail courtesy, and by providing job opportunities and training that introduce young people to conservation and agriculture careers. Examples of program expenses include: •Expansion of existing programs •Creation of new programs to serve Jeffco youth •Transportation to program activities •Scholarships for youth to attend programs •Supplies and equipment for the program •Other areas of need identified by providers, youth, and families. APPLICATION TIMELINE September 11, 2024 Applications available at: https://forms.office.com/r/1YCNBiuiy2 October 31, 2024 Applications due December 13, 2024 Grants awarded AMOUNTS Up to $10,000 per grant. At least 50% of the funds granted under this program must be matched by the receiving organization. Preference will be given to applicants that will match 100% of the funds granted under this program. OTHER PROGRAM REQUIREMENTS Recipients will be required to: a)provide evidence of general liability and auto liability insurance, with Jefferson County named as an additional insured, as well as comply with other insurance requirements, b)periodically report on the status of grant usage and number of youth served, and c)use all grant funds by May 2026. ABOUT US/DONATE Learn more about JCOSF and help us continue this program into future years by encouraging supporters to donate at http://www.jcosf.org CONTACT US Questions can be directed to the Foundation’s Board of Directors at info@jcosf.org ATTACHMENT 3 ATTACHMENT 3 ITEM NUMBER: 2 DATE: February 10, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL 05-2025 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING DISPOSITION OF LOST, ABANDONED, AND UNCLAIMED PROPERTY ☐PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☒ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The Colorado state treasurer's office has advised the City of a state statute govering unclaimed property. The statute referenced is the Colorado Revised Uniform Unclaimed Property Act, CRS 38-13-101 et seq. (the “Act’). The Act generally requires holders of unclaimed property, such as the City, to disburse unclaimed cash and cash instruments to the state treasurer. The City may exempt itself from the Act, but only if it has adopted a local ordinance concerning unclaimed property which conflicts with the Act. This ordinance revises Code sections to comply with the Act while perserving the City’s authority to dispose of unclaimed property. The ordinance simplifies the Code sections on disposition of unclaimed property generally and property held by the police department. PRIOR ACTION: City Council provided direction to the City Attorney at the December 2, 2024 study session to draft an ordinance for consideration. FINANCIAL IMPACT: Unclaimed property (including cash or cash equivalents), after a notice procedure, can be sold, retained or otherwise disposed of by the City. The amount of funds received by the City from disposal of unclaimed property varies year to year, but is not significant. BACKGROUND: The Act codifies a common law rule that unclaimed property escheats (is forfeited to) the state. The focus of the Act is unclaimed money, in all of its various forms, including cash, Council Action Form – Lost, Abandoned, and Unclaimed Property February 10, 2025 Page 2 checks, deposits, gameplay cards, currency, financial loyalty cards, gift cards, money orders, mineral lease royalties, etc. The Act also includes the contents of an abandoned or unclaimed safe deposit box. Clearly, the state does not want unclaimed motor vehicles, bicycles, furniture, or any other form of abandoned property. The state treasurer only wants cash or cash equivalents. The Act defines the ways in which property is determined to be abandoned or has gone uncollected. The Act requires the “holder” (anyone, including the City, who has custody of property which has not been claimed) to make annual reports to the state treasurer on November 1 of each year, and to pay over to the state unclaimed money, as defined. Even if the holder has no property to declare, a report is still required. At CRS 38-13-1504, the Act provides that the entire article does not apply to a local government if: • the local government has an ordinance or resolution “relating to the disposition of property that conflicts with the Act”; • the ordinance or resolution requires the local government to hold the (cash) property for at least five years after it is presumed abandoned; and • the local government provides the state treasurer with an annual report listing the owners for whom it is holding property and the value of that property. Accordingly, so long as the City has a sufficient ordinance or code provision, it need not deliver unclaimed funds to the treasurer, as otherwise required of holders. In order to have this “opt out" status, however, the City must revise its Code sections on disposition of unclaimed property, and also make the short form report to the state treasurer by November 1 of each year. The City's Code of Laws contains two sections relating to the disposition of unclaimed property. The police department routinely disposes of bicycles and property held in evidence and not claimed under Title 19 article IV in the Code. The disposition procedure under this article is unnecessarily lengthy, and can be streamlined. Code Section 2-5 is the City’s general (non law enforcement) code section on unclaimed property. It presently requires all unclaimed property (including cash or cash equivalents) to be held for two years, then after a notice procedure which includes publication in the newspaper, it can be sold, retained or otherwise disposed of by the City. This ordinance extends the hold periods for cash and cash equivalents to 5 years, as required by the Act, but reduces this period to 60 days for non cash property. The ordinance also streamlines the notice and disposal procedure and makes conforming changes to Chapter 19 for property held by the police department. RECOMMENDATIONS: Staff and City Attorney recommend approval. Council Action Form – Lost, Abandoned, and Unclaimed Property February 10, 2025 Page 3 RECOMMENDED MOTION: “I move to approve Council Bill 05-2025, an ordinance amending the Wheat Ridge Code of Laws concerning disposition of lost, abandoned, and unclaimed property, order it published and public hearing set for 6:30 pm in the City Council Chambers on February 24, 2025, and that it takes effect fifteen days after final publication as provided by the Charter.” or, “I move to postpone indefinitely Council Bill 05-2025, an ordinance amending the Wheat Ridge Code of Laws concerning disposition of lost, abandoned, and unclaimed property, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 05-2025 2. Letter from State Treasurer CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 05 Ordinance No. Series 2025 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING DISPOSITION OF LOST, ABANDONED, OR UNCLAIMED PROPERTY 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 provisions within the Code of Laws concerning lost or abandoned property; and WHEREAS, the Council wishes to amend Section 2-5 of the Code on disposition of unclaimed property generally and Article IV of Chapter 19 of the Code concerning unclaimed property held by the police department. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-5 of the Code of Laws is amended to read in its entirety as follows: Sec. 2-5. Disposition of unclaimed property. (a) Purpose, PREEMPTION OF STATE LAW. The purpose of this section AND OF ARTICLE IV OF CHAPTER 19 OF THE CODE is to provide for the administration and disposition of unclaimed property which is in the possession of or under the control of the municipalityCITY. THE CITY COUNCIL DECLARES ITS INTENT TO FULLY OCCUPY THE FIELD OF UNCLAIMED PROPERTY DISPOSITION AND TO CONFLICT WITH AND PREEMPT ARTICLE 13 OF TITLE 38 OF THE COLORADO REVISED STATUTES TO THE EXTENT PERMITTED BY CRS 38-13-1504. (b) Definitions. Unless otherwise required by context or use, words and terms shall be defined as follows: (1) .Unclaimed property means INTANGIBLE PROPERTY AND TANGIBLE PROPERTY AS DEFINED HEREIN. Any tangible or intangible property, including any income or increment derived therefrom, less any lawful charges, that is held by or under the control of the CITYmunicipality and which has not been claimed by its owner AS PROVIDED HEREIN. for a period of more than two (2) years after it became payable or distributable. For purposes of this section, "unclaimed property" shall not mean lost, abandoned, stolen or confiscated personal property as provided in article IV, chapter 19 of this Code. The disposition of lost, abandoned, stolen or confiscated personal property shall be governed by the provisions contained in article IV, chapter 19, notwithstanding the provisions of this section. (2) INTANGIBLE PROPERTY MEANS CASH AND FINANCIAL INSTRUMENTS AS DEFINED AT CRS 38-13-102 AND CRS 38-13-205, AND THE CONTENTS OF SAFE DEPOSIT BOXES. (3) Municipality means the City of Wheat Ridge, Colorado. (4) Owner means a person or entity, including a corporation, partnership, association, governmental entity other than the municipality, or a duly authorized legal representative or successor in interest of same, which owns unclaimed property held by the municipalityCITY. (5) TANGIBLE PROPERTY MEANS ALL PROPERTY OTHER THAN INTANGIBLE PROPERTY. (c) Procedure for disposition of property DISPOSITION PROCEDURE. (1) INTANGIBLE PROPERTY MAY BE RETAINED OR DISPOSED OF FIVE (5) YEARS AFTER IT HAS BEEN HELD BY THE CITY AS UNCLAIMED. TANGIBLE PROPERTY MAY BE DISPOSED OF _______ DAYS AFTER IT HAS BEEN HELD BY THE CITY AS UNCLAIMED. (2) Prior to disposition of any unclaimed property, the city clerk shall cause a notice to be SENTpublished in a newspaper of general circulation in the municipality. In addition, the city clerk shall send a written notice by certified mail, return receipt requested, to the last known address, if any, of any owner of THE unclaimed property. The last known address of the owner shall be the last address of the owner as shown by the records of the municipal department or agency holding the property. Each such notice shall include a description of the property, the amount or estimated value of the property and when available, the purpose for which the property was deposited or otherwise held. Each suchTHE notice shall state where the owner may make inquiry of or claim the property. Each such notice AND shall also state that if the owner fails to provide the city clerk with a written claim for the return of the property within sixty (60) days of the date of the notice, the property shall become the sole property of the CITYmunicipality and any claim of the owner to such property shall be deemed forfeited. (3) If the city clerk receives no written claim within the above sixty-day claim period, the property shall become the sole property of the CITYmunicipality and any claim of the owner to such property shall be deemed forfeited. (4) If the city clerk receives a written claim within the sixty-day claim period, the city manager shall evaluate the claim and DETERMINE WHETHER THE CLAIM IS give written notice to the city clerk and the claimant within ninety (90) days thereof that the claim has been accepted or denied in whole or in part. The city manager may request further supporting documentation from the claimant prior to disbursing or refusing to disburse the property. In the event that there is more than one claimant for the same property, the city manager may, at the city manager's option, resolve such claims or may resolve such claims by depositing the disputed property with the registry of the District Court in an interpleader action. (5) In the event that all THE claims filed are IS denied, the property shall become the sole property of the CITYmunicipality and any claim of the owner of such property shall be deemed forfeited. (6) Any legal action filed challenging a decision of the city manager shall be filed pursuant to Rule 106 of the Colorado Rules of Civil Procedure within thirty (30) days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the city manager pursuant to the order of the court having jurisdiction over such claim. (7) The City Manager is authorized to establish and administer procedures for the administration and disposition of unclaimed property consistent with this section. including compliance requirements for other municipal officers and employees in the identification and disposition of such property. (8) THE CITY MANAGER SHALL CAUSE AN ANNUAL REPORT TO THE STATE TREASURER OF INTANGIBLE PROPERTY BEING HELD BY THE CITY, PURSUANT TO CRS 38-13-1504. Section 2. Code section 19-80 is repealed and reenacted in its entirety to read as follows: Sec. 19-80. - Disposition if OF unclaimed PROPERTY. If property held in custody BY THE CHIEF OF POLICE remains unclaimed sixty (60) days after such property is no longer required to be held in evidence pursuant to section 19-77, or sixty (60) days after such property has come into the possession of the chief of police or thirty (30) days after the mailing of any letter of notice provided for in section 19-79, such property may be retained by the police department and kept for use by the city for training programs or otherwise, or disposed of from time to time by the chief of police or his designee IN THE MANNER PROVIDED BY CODE SECTION 1-5, WHEREBY THE CHIEF OF POLICE SHALL HAVE THE POWERS AND DUTIES OF THE CITY MANAGER AND CITY CLERK WITH RESPECT TO NOTICE TO OWNERS AND DISPOSAL AS DESCRIBED THEREINas follows: Section 3. The following sections of Article IV of Chapter 19 of the Code of Laws are repealed: 19-81, 19-83, 19-84, 19-85, 19-86, 19-87, 19-88, 19-89, 19-90, and 19-92. Section 4. Present Code sections 19-82 and 19-91 are renumbered as 19-81 and 19-82, respectively. As renumbered, Code section 19-82 is amended to read in its entirety: Sec 19-82 Rights of Finder. Notwithstanding any other provision of this article, whenever any item of lost or abandoned property has been found and delivered to the chief of police or to one (1) of his subordinates for care, custody and control, such item shall be returned to the original finder whenever claim has been made by the finder and the following conditions have been met: (1) The claimant is the person who originally found the lost or abandoned property. (2) The claimant, after surrendering the property to the chief of police, has served written notice of his intention to make a claim on that item within sixty (60) days of the surrender of the item. (3) The lost or abandoned property has remained unclaimed by the owner or person having a right to the property for sixty (60) days after surrender of the property to the chief of police. (4) The lost or abandoned property is not stolen or confiscated property, nor property held under the exceptions outlined in sections 19-86 to 19-89, nor property held as evidence pursuant to section 19-77. 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 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 ___ to ___ on this 10th day of February 2025, order it published by title in a newspaper of general circulation in the City of Wheat Ridge and in full on the City’s website, and Public Hearing and consideration on final passage set for February 24, 2025 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 24th day of February 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: February 11, 2025 Second Publication: February 25, 2025 Effective Date: March 13, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us ATTACHMENT 1 0101000114 STATE OF COLORADO DEPARTMENT OF THE TREASURY UNCLAIMED PROPERTY DIVISION Dave Young State Treasurer October 8, 2024 • 1111111111 I 11111 I 11 •I 1111111111111 II I 11 I 111h1111111 I 1h 1111 I• 11 CITY OF WHEAT RIDGEPatrick Goff, City Manager7500 W 29TH AVE WHEAT RIDGE, CO 80033-8001 RE: Reminder to Report Unclaimed Property Dear City Manager: Bianca C. Gardelli Director The Unclaimed Property Division (Division) of the Colorado Department of the Treasury has reviewed our records, and found that City of Wheat Ridge has never submitted an Unclaimed Property Report. Per the Colorado Revised Uniform Unclaimed Property Act (RUUPA) (C.R.S. §38-13-101 et seq.), holders must examine their records for unclaimed property and must file a report with the Division on anannual basis, regardless of the amount or value of the property. Holders must also remit any unclaimed property to the Division for safekeeping, unless a local government opt-out form has been accepted and is on file with the Division. For more information about filing a report, visit hnps://colorado.find\·ourunclaimedproperl\ .com/ and click on "Reporting Unclaimed Property" at the topof the page. As of July 1, 2020, unclaimed tangible property is defined by RUUP A as contents contained within a safe deposit box (C.R.S. §38-13-205). As a result, the Colorado Treasury no longer has statutory authorityover tangible property not held within a safe deposit box and will no longer accept such property. While the Division does not plan at this time to conduct a field audit of your organization, the Division reserves the right to conduct any examination it determines is necessary at any time. The Act does providefor interest, penalties and fees, when warranted from an audit or non-compliance (C.R.S. §38-13-1204). Remember that reports of unclaimed property are due annually on November 1st. If you need assistance in determining whether property has become dormant and thus reportable, feel free to contact our office. Additionally, the City of Wheat Ridge may also have unclaimed property in the custody of the Division.To search, please visit and click on https://colorado.findYourunclaimedpropert\ .com/ "Get Started" to begin. Regards, � (l\_((C'u{<� Erin McCauley Audit Manager erin.mccaule, ·11 state.co.us 200 E. COLFAX AVENUE, ROOM 141, DENVER, CO 80203 METRO: (303) 866-6070 TOLL FREE: (800) 825-2111 EMAIL: holders@state.co.us � ATTACHMENT 2 ITEM NUMBER: 3 DATE: February 10, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: A MOTION ADOPTING THE 2025 LEGISLATIVE AGENDA☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The City of Wheat Ridge’s 2025 Legislative Agenda will guide the City’s advocacy on state-level policy decisions that could significantly impact the City. Developed in collaboration with the City’s Legislative Committee, the Agenda establishes clear positions on anticipated legislation for the 2025 Colorado Legislative Session. It serves as both a framework for the City’s advocacy efforts and a resource for state legislators considering policies affecting Wheat Ridge. PRIOR ACTION: During the September 16, 2024, Study Session, the City Council reached consensus to implement a Legislative Advocacy Program. During the December 16, 2024, Study Session, staff and the Legislative Committee introduced a draft 2025 Legislative Agenda and provided a status update to City Council. The City Council reached consensus to consider adopting the 2025 Legislative Agenda at the February 3, 2025, Study Session. FINANCIAL IMPACT: None. BACKGROUND: The City’s four-part Legislative Advocacy Program includes a Legislative Agenda, a Legislative Committee, Advocacy Position Resolutions, and lobbying efforts. The Legislative Agenda outlines the City’s positions on bills it supports or opposes. The Legislative Committee, a sub-committee of the City Council consisting of the Mayor and two Councilors, will use the Legislative Agenda and additional criteria to select three to five bills from a pool of 50-100 that impact the City for potential Advocacy Position Resolutions. These resolutions are formal statements declaring the City’s stance on specific legislation. Once adopted, staff initiate lobbying efforts, in collaboration with the Legislative Committee, which may include letters of support, testimony, and discussions Council Action Form – Adopting the 2025 Legislative Agenda February 10, 2025 Page 2 with elected officials. In collaboration with all City departments and the City’s Legislative Committee, staff has created a Legislative Agenda that reflects the City’s adopted plans and community priorities (Attachment 1). The draft agenda is organized into the following key focus areas: • Home Rule • Community Development • Economic Development • Affordable Housing • Homelessness • Public Safety • Infrastructure & Transportation • Sustainability • Parks and Recreation • Administrative Services Each focus area includes an overview followed by a ‘Proposed Legislation’ section highlighting bills that enhance Wheat Ridge residents’ quality of life. Additionally, each focus area features an ‘Opposed Legislation’ section outlining policies that could negatively impact the community. Additionally, staff analyzed the content and identified the following key themes that are consistently reflected throughout the document: Key Themes Throughout the Legislative Agenda A. Community Centered Solutions Requesting financial support, technical assistance, and the flexibility to implement locally tailored approaches to meeting desired state outcomes. Set the destination but allow us to chart the course. B. Equity & Accessibility Encouraging the State to partner with municipalities committed to addressing equity and accessibility issues. C. Statewide Collaboration Expressing a strong desire to partner and collaborate with the State, utilities, special districts, and regional organizations to improve quality of life. D. Local Control Advocating for local control over health, safety, welfare-related items such as policing, land-use, development, planning, and permit review. Council Action Form – Adopting the 2025 Legislative Agenda February 10, 2025 Page 3 E. Oppose Unfunded Mandates Opposition to unfunded mandates and one-size-fits-all approaches. If adopted, the Legislative Agenda will guide the City’s legislative initiatives throughout the 2025 Legislative Session and beyond. RECOMMENDATIONS: Adopt the 2025 Legislative Agenda. RECOMMENDED MOTION: “I move to adopt the 2025 Legislative Agenda.” Or, “I move to not adopt the 2025 Legislative Agenda for the following reason(s).” REPORT PREPARED/REVIEWED BY: Cole Haselip, Management Analyst Marianne Schilling, Assistant City Manager Patrick Goff, City Manager ATTACHMENTS: 1. 2025 Legislative Agenda This document is the 2025 Legislative Agenda for the City of Wheat Ridge and is intended to guide staff and the City Council in lobbying for or against legislative items. 2025 Legislative Agenda ATTACHMENT 1 01 Introduction The Wheat Ridge Legislative Agenda 02 Home Rule Governance of local matters 04 Economic Development Creating vibrant economic ecosystems 06 Homelessness Comprehensive homeless navigation 08 Infrastructure & Transportation Maintaining and enhancing infrastructure 10 Parks and Recreation Parks and recreation department 03 Community Development Shaping the City’s physical growth 05 Affordable Housing Access to affordable housing 07 Public Safety Resident safety 09 Sustainability Comprehensive sustainability program TA B L E O F C O N T E N T S 11 Administrative Services Clerk's office, finance, human resources & more Introduction The Wheat Ridge Legislative Agenda guides the City’s advocacy on state-level policy decisions that could significantly impact our community. Developed in collaboration with the City’s Legislative Committee, this agenda establishes clear positions on anticipated legislation for the 2025 Colorado Legislative Session. It serves as both a framework for City officials’ advocacy efforts and a resource for state legislators considering policies affecting Wheat Ridge. Our advocacy positions emerge from extensive community engagement and align with City Council’s adopted plans. This local perspective is essential, as statewide policies often overlook the unique needs of individual communities. Overall, the City’s advocacy positions can be summarized into the following themes: A.Community-Centered Solutions: Requesting financial support, technical assistance, and flexibility to implement locally tailored approaches to meeting desired state outcomes. Set the destination but allow us to chart the course. B.Equity & Accessibility: Encouraging the State to partner with municipalities committed to addressing equity and accessibility issues. C.Statewide Collaboration: Expressing a strong desire to partner and collaborate with the State, utilities, special districts, and regional organizations to improve quality of life. D.Local Control: Advocating for local control over health, safety, welfare related items such as policing, land-use, development, planning, and permit review. E.Oppose Unfunded Mandates: Opposition to unfunded mandates and one-size-fits-all approaches. This document is organized into key focus areas, including: home rule, community development, economic development, affordable housing, homelessness, public safety, infrastructure and transportation, sustainability and parks and recreation. Each focus area includes an overview followed by a ‘Proposed Legislation’ section highlighting bills that enhance Wheat Ridge residents’ quality of life. Additionally, each focus area features an ‘Opposed Legislation’ section outlining policies that could negatively impact our community. www.ci.wheatridge.co.us | 1 Home Rule Home Rule allows Colorado municipalities to govern local matters. Wheat Ridge became a Home Rule municipality in 1976, valuing municipal autonomy to address residents’ unique needs, which is essential to the principles of democracy. Wheat Ridge advocates for the protection of local control, urging the state to support Home Rule cities in decisions regarding zoning, licensing, taxation, and public services, and more. We advocate for state policies that respect municipal home rule and encourage cities to tackle statewide priorities through support and incentives, rather than imposing mandatory compliance. By upholding the principles of Home Rule, the state can empower cities like Wheat Ridge to respond to local needs effectively, fostering responsive and adaptable governance that reflects the will of the community. Proposed Legislation Opposed Legislation Wheat Ridge opposes any state mandates that would undermine local authority on taxation and revenue generation, including any legislation that imposes unfunded mandates or requirements on local governments. These legislative priorities underscore Wheat Ridge’s commitment to local self-determination, ensuring that the City can continue to serve its residents effectively while preserving the distinct character and unique needs of the community. | www.ci.wheatridge.co.us2 Community Development Community Development shapes the City’s physical growth, aiming for safe, attractive neighborhoods and vibrant commercial areas. This effort involves collaboration with residents and businesses and encompasses planning, zoning, neighborhood engagement, affordable housing, building permits, floodplain management, and engineering services. The City of Wheat Ridge is dedicated to promoting thoughtful and balanced development that empowers local control over zoning, land use, and development standards, while addressing critical barriers to housing growth. The City faces challenges due to limited utility capacity and the readiness of smaller utility districts to modernize for future needs, both of which are critical for development. As utility capacity is beyond the City’s control, we urge the state to obligate and support these providers in working collaboratively with local governments, engaging in forward-looking planning, and expanding capacity to meet increasing demand. Additionally, we seek state funding for long-term planning and community engagement initiatives, essential for shaping development that aligns with the needs and aspirations of our residents. Proposed Legislation Opposed Legislation The City strongly opposes statewide mandates that impose one-size-fits-all changes to local land use laws, zoning ordinances, or density requirements. Specifically, we reject state efforts that dictate how municipalities must achieve statewide goals. If the state insists on setting specific goals for municipalities, it should refrain from prescribing the methods for achieving them, allowing local governments the flexibility to develop solutions that best fit their unique communities. We also oppose uniform building codes that limit our ability to adopt local standards for development and safety. The City rejects legislation that restricts our control over development review timelines, licensing, and permitting processes. Our established systems ensure high standards and effective governance, and statewide changes could undermine community safety and growth management. www.ci.wheatridge.co.us |3 Economic Development Wheat Ridge promotes economic development by marketing the city, attracting retail, revitalizing commercial corridors, and expanding primary job growth opportunities. The City’s Urban Renewal Authority manages several areas to eliminate blight, enhance quality of life, and attract new economic investment. Wheat Ridge urges the state to support local governments in creating vibrant economic ecosystems through policies and investments that drive business growth, innovation, and workforce development. The City seeks funding for programs that assist small and local businesses, especially those owned by underrepresented groups, by providing access to capital and technical resources. Additionally, state support for economic development planning is crucial for local governments to strategize for long-term growth. The City calls for prioritization of workforce development initiatives in key industries, such as light manufacturing and creative sectors, and for investments in flex spaces and facilities that create local jobs. Wheat Ridge advocates for training and education programs to help residents advance their careers in emerging industries. Furthermore, the City requests state investment in redevelopment projects and public infrastructure improvements to revitalize commercial corridors and attract new businesses, while promoting sustainable development practices that enhance housing attainability and quality of life. State-funded technical assistance is also essential to ensure entrepreneurs and small business owners have the support needed to thrive in a competitive economy. Proposed Legislation Opposed Legislation Wheat Ridge opposes state initiatives that promote economic development without engaging local governments in collaboration. The City resists legislation that limits local flexibility in implementing tailored economic strategies, as rigid requirements can undermine efforts to foster a thriving local economy. Additionally, the City opposes cuts to workforce development funding, which are essential for equipping residents with training and job opportunities that meet the needs of local industries. | www.ci.wheatridge.co.us4 Affordable Housing Wheat Ridge is committed to increasing access to affordable housing. The City manages a program that attracts, funds, and collaborates with partners to develop a variety of affordable housing options. In alignment with its Affordable Housing Strategy, Wheat Ridge calls on the state to prioritize legislation addressing critical housing needs for low- and moderate-income households, particularly those earning less than $75,000 annually or 80% of the area median income (AMI). State policies providing financial subsidies and tax incentives for nonprofit and private developers focused on affordable housing are essential for bridging affordability gaps and ensuring project viability. Wheat Ridge supports initiatives that encourage public-private partnerships, enabling local governments to leverage state resources for affordable housing development. The City also advocates for legislative reform to address construction defect litigation, which has hindered affordable condominium development. Like many communities, Wheat Ridge faces a shortage of entry-level homeownership options, particularly condominiums. We support state-level reforms that protect consumers while encouraging developer investment in these projects. Additionally, Wheat Ridge strongly supports state legislation to streamline the disposal of state land for affordable housing development, facilitating the construction of homes that meet community needs. Preserving naturally occurring affordable housing (NOAH) is a key priority. The City advocates for increased state funding to maintain and improve aging rental units, ensuring they remain accessible to low- and moderate-income households. These legislative priorities reflect Wheat Ridge’s commitment to fostering a community where affordable housing is available to all, strengthening the city’s social fabric and economic resilience. Proposed Legislation Opposed Legislation Wheat Ridge opposes any state legislation that restricts local governments’ ability to implement affordable housing solutions tailored to their communities’ specific needs. This includes blanket policies that mandate uniform zoning or development standards that do not account for local contexts, which could stifle innovative approaches to affordable housing. Additionally, the City would resist state funding cuts to programs that support low- and moderate-income housing development, as such reductions would undermine the ability of local governments to address critical housing shortages. Furthermore, any legislation that undermines the preservation of naturally occurring affordable housing (NOAH) would be met with strong opposition, as it jeopardizes the availability of affordable rental options for vulnerable populations. www.ci.wheatridge.co.us |5 Homelessness Wheat Ridge operates a comprehensive homeless navigation program in collaboration with neighboring municipalities. This program assists individuals on their journey to secure transitional and permanent housing, ultimately guiding them toward self-sufficiency. Wheat Ridge is committed to addressing homelessness by advocating for state legislation that supports local governments in providing housing and assistance to individuals experiencing homelessness. We urge the state to prioritize funding for transitional housing programs, down payment assistance, and ongoing support services like case management, counseling, job training, and financial literacy. These services are vital for helping individuals achieve long- term stability and independence. Emergency rental assistance programs are also critical for preventing homelessness, and we seek state support to expand these initiatives. Additionally, we call for state funding to establish homeless navigation centers staffed by trained professionals to connect individuals with shelter and resources. Increased funding for severe weather shelters is necessary to provide safe housing during extreme conditions. Recognizing that many individuals experiencing homelessness are employed or seeking work, we request state support for programs that assist with utility bills, food, and transportation, which are essential for maintaining employment and achieving housing stability. These legislative priorities reflect Wheat Ridge’s commitment to holistic solutions for homelessness, ensuring all residents have access to housing and essential services. Proposed Legislation Opposed Legislation Wheat Ridge opposes state policies that impose a uniform approach to addressing homelessness, as these fail to address the unique challenges faced by local governments. Financial support to municipalities that restrict local discretion in resource allocation or solution development hinders effective local responses. The City also opposes cuts to state funding for homeless services, which are vital for supporting tailored efforts to address homelessness. | www.ci.wheatridge.co.us6 Public Safety Wheat Ridge prioritizes community safety through its full-service suburban police agency, offering emergency response, criminal investigations, traffic safety, code enforcement, animal control, park enforcement, crime prevention, and school resource officers. Committed to relationship-based policing, the Department partners with residents to foster safer neighborhoods and uphold shared community values. Wheat Ridge prioritizes resident safety and urges the state to support local governments with resources to enhance public safety infrastructure. We seek funding for relationship-based policing to build trust through training and community engagement, expanding mental health support to improve crisis response and reduce law enforcement burden, and investment in emergency response systems. This includes funding for communication technology, emergency operations upgrades, and preparedness programs to protect residents during natural disasters and emergencies. Proposed Legislation Wheat Ridge opposes state legislation that limits local law enforcement’s ability to implement community-focused, relationship-based policing. The City also opposes legislation that imposes mandates on or restricts local discretion in training programs, reduces funding for mental health support and crisis response, or increases liability or removes immunity for officers, as this could compromise public safety by deterring effective policing. Additionally, Wheat Ridge opposes state laws that restrict local standards for policing and emergency response, preferring flexibility to meet community-specific needs. The City also opposes cuts to emergency communication and preparedness funding, which are essential for responding to natural disasters and emergencies effectively. Opposed Legislation www.ci.wheatridge.co.us | 7 Infrastructure & Transportation Wheat Ridge is committed to maintaining and enhancing its infrastructure, including 133 miles of streets, 36 miles of storm sewers, 48 traffic signals, and over 6,000 signs. The City plans, designs, and constructs capital projects in public rights-of-way, licenses contractors, and oversees permits and inspections. Wheat Ridge also collaborates with regional partners like RTD, CDOT, and DRCOG to provide reliable, affordable transportation. Proposed Legislation Wheat Ridge calls on the state to fund and incentivize local infrastructure improvements, such as roads, bike lanes, trails, and stormwater systems, to enhance connectivity, safety, and resilience against climate impacts. Support for multimodal transportation will expand mobility, reduce congestion, and encourage sustainable travel. The City seeks funding for equitable regional transit, ADA upgrades, and modernized public facilities to meet evolving community needs. Wheat Ridge also urges state support for expanding essential utilities to enable new housing and business growth. The City calls on the state to ensure equitable, affordable broadband access and foster a competitive marketplace. These priorities reflect Wheat Ridge’s commitment to infrastructure supporting community well-being and economic growth. Opposed Legislation The City opposes legislation that limits its ability to prioritize infrastructure improvements for roads, bike lanes, and trails based on local needs and connectivity goals. Wheat Ridge also rejects state actions that withhold transportation funding unless cities comply with state land-use requirements or other mandates, as such measures undermine local decision-making and the quality of infrastructure. Additionally, the City opposes laws that hinder local efforts to expand utilities and transit, which are vital for sustainable growth and quality of life. The City’s commitment to prioritizing local needs is best served by maintaining local control over transportation planning, which enables the creation of a tailored and efficient network that meets the community’s specific requirements. Furthermore, Wheat Ridge opposes state mandates related to permits in the right-of-way, including permit review timelines and laws that bypass city review processes, as these infringe on local authority, compromise public safety, and force the City to deprioritize other essential activities. Lastly, Wheat Ridge opposes mandated upgrades to city facilities that lack accompanying funding, as such requirements impose an undue financial burden on the City and hinder our ability to effectively manage resources and prioritize essential services. | www.ci.wheatridge.co.us8 Sustainability Wheat Ridge offers a comprehensive sustainability program, including the Sustainable Neighborhoods initiative, sustainability-focused community events, and water-wise landscaping programs. The City provides residents with information on clean air and assists businesses in adopting sustainable practices. Recently, Wheat Ridge adopted a Sustainability Action Plan outlining key objectives for the near future. Proposed Legislation Wheat Ridge supports state legislation advancing water conservation, sustainable transportation, and waste diversion per its Sustainability Action Plan. The City advocates for funding water efficiency programs, collaboration with water districts, and coordinated conservation efforts to tackle Colorado’s challenges. Wheat Ridge backs laws encouraging investor-owned utilities to cut carbon emissions and supports grants for energy- and water-efficient home upgrades. Priorities include improving air quality for communities near highways, promoting public health and environmental justice, and ensuring equitable access to tree canopies and electric vehicles (EVs) through expanded charging infrastructure and affordability programs. The City also urges state efforts to expand EV adoption, multimodal transportation, and recycling and composting options for low-income communities. Additionally, Wheat Ridge seeks investment in small businesses adopting sustainable practices and funding for local sustainability planning and community engagement. These priorities underscore Wheat Ridge’s commitment to a thriving, sustainable community. www.ci.wheatridge.co.us | 9 Opposed Legislation Wheat Ridge opposes state laws imposing rigid sustainability standards on local governments, as these restrict the City’s ability to tailor initiatives to community needs and values. The City believes sustainability efforts should be shaped by local input and reflect Wheat Ridge’s unique environmental and economic conditions. Additionally, Wheat Ridge rejects state mandates that overlook local contexts and priorities, which hinder innovative solutions for environmental responsibility and community resilience. The City also opposes cuts to funding for local sustainability programs, as these resources are vital for addressing water conservation, waste diversion, and sustainable transportation. Parks and Recreation The City of Wheat Ridge manages a diverse parks and recreation department with over 21 parks covering 173 acres, a 70,000-square-foot recreation center, and more than 300 acres of open space. We offer various recreation programs and sports activities for the community to enjoy the outdoors, along with several events to engage and connect residents throughout the year. The City of Wheat Ridge respectfully requests continued state support to enhance and maintain our parks and recreation system, vital for community well-being, environmental sustainability, and economic vitality. We seek funding to expand and modernize parks, create new recreational areas, and enhance trail connectivity, providing residents with safe, vibrant spaces for physical activity and community engagement. Additionally, we ask for state support for water conservation initiatives in our parks, such as sustainable landscaping and irrigation upgrades, to address environmental challenges and ensure long-term resource preservation. Finally, we urge the state to assist with maintenance and upgrades to recreational facilities, including the Wheat Ridge Recreation Center and Anderson Pool, which serve thousands of residents annually and require ongoing investment for safety, accessibility, and to meet our community’s growing needs. Proposed Legislation Opposed Legislation The City of Wheat Ridge firmly opposes any statewide legislation that diminishes local control over parks and recreation management, as local governments are best suited to understand their communities’ unique needs and priorities. We also oppose initiatives that would reduce funding for parks and recreation projects from the Colorado Lottery or other state sources, as these funds are vital for maintaining and expanding parks and open spaces. A reduction would significantly hinder our ability to provide high-quality recreational amenities for residents. Finally, we reject statewide legislation imposing additional requirements on recreation staff and volunteers. Wheat Ridge values the expertise of its staff and believes decisions about staffing qualifications and training should be made locally, as state regulations would create unnecessary burdens and limit our capacity to deliver essential recreational programs. 10 | www.ci.wheatridge.co.us Administrative Services The City's Administrative Services Department serves as the "basecamp" for the entire organization, providing critical support through its divisions: the City Clerk's Office, Finance, Human Resources, Information Technology (IT), Risk Management, and Procurement. Proposed Legislation Wheat Ridge supports legislation that funds the modernization of municipal operations and adoption of emerging technologies. We advocate for measures that reduce municipal risk and liability, including funding to address these challenges. Additionally, we support efforts to enhance taxing and licensing processes. The City also seeks improved transparency and functionality within the State’s SUTS (Sales and Use Tax System) to ensure seamless revenue transfers and tax administration. These priorities strengthen municipal operations and benefit governments and taxpayers alike. Opposed Legislation Wheat Ridge opposes state mandates that limit local authority over tax collection, licensing, or enforcement. We also oppose laws that interfere with the City’s procurement, personnel management, or IT practices, including rigid requirements for web accessibility, public meeting accessibility, and technology functions that fail to account for local needs. Additionally, we reject legislation that increases municipal liability or weakens governmental immunity. www.ci.wheatridge.co.us | 11 For questions about the Legislative Agenda, please contact us at the following: Cole Haselip Management Analyst chaselip@ci.wheatridge.co.us 720-271-4922 www.ci.wheatridge.co.us | 12 ITEM NUMBER: 4 DATE: February 10, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 11-2025 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2025 2J NEXT CHAPTER FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $1,911,963 FOR THE PURPOSE OF ISSUING A CONTRACT FOR PROFESSIONAL SERVICES TO AYRES ASSOCIATES, INC., AND APPROVING SUBSEQUENT PAYMENTS, FOR THE 38TH AVENUE WEST CORRIDOR IMPROVEMENT PROJECT ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: In March 2023, the city began a planning study of the 38th Avenue corridor, between Youngfield Street and Kipling Street, with the goals of improving the roadway to accommodate pedestrians and bicyclists while still accommodating vehicular traffic and providing improved stormwater drainage. The study consultant, Ayres Associates, Inc., has presented a final version of their report to staff, and the next step is to develop constructions plans to build the improvements along 38th Avenue. Ayres Associates, Inc. has been selected to complete the design work due to their previous work and current knowledge of the specific needs along 38th Avenue. PRIOR ACTION: On December 6, 2021, consensus was received from the City Council to prepare a scope of work to conduct a planning effort to modernize 38th West into a complete street that serves automobiles, bicycles, and pedestrians. On June 6, 2022, the scope of work for the 38th West Study was discussed with the City Council. Consensus was received to proceed with selecting and hiring a consultant to conduct a planning effort to combine public input with technical analysis to develop a recommended alternative(s). Council Action Form - 38th Avenue West Corridor Improvement Project February 10, 2025 Page 2 On March 13, 2023, City Council awarded Ayres Associates, Inc a professional services contract in the amount of $615,210 to conduct a study that combined public input with technical analysis to develop a recommended alternative for the corridor. On January 22, 2024, staff provided the City Council with an update on the study. The Council concurred with staff’s direction on the conceptual plan that preserves, to the extent possible, the rural character and context of the corridor. FINANCIAL IMPACT: Funds for this effort were not included in the 2025 2J Next Chapter Fund budget due to limited staff resources. As a result of some changes in the work plan and the desire to capitalize on the recent efforts, it is recommended that the city move forward to complete final design and prepare construction plans at this time. Funds for this effort were included in the proposed 2J Next Chapter Fund budget for 2026 and 2027. Therefore, a budget supplemental is being requested to move the necessary funds into the 2025 budget. Staff has developed a detailed scope of work (attached) with Ayres to complete the final design and prepare the necessary construction plans, specifications, and associated documents. Rather than seeking proposals from design firms, staff is recommending that Ayres be retained to complete this work due to their current familiarity with the project and knowledge gained from developing the initial study. BACKGROUND: The project scope encompasses the length of 38th Avenue from Youngfield Street to Kipling Street, (1.75 miles). The road is designated as a minor arterial in the city's Street Master Plan. Sidewalks on 38th Avenue have been added or improved at a few scattered locations over the years by either private development projects adjacent to the corridor or a few small city-funded projects. However, for most of the corridor, continuous, adequate multi-modal facilities are inadequate or completely lacking. The conceptual plan prepared by Ayres and discussed with the City Council on January 22, 2024, would construct a two-lane street (one lane in either direction) with on-street bike lanes. The design of the corridor would not be a “one-size fits all” approach but, instead, the design should strive to: • Preserve and re-use as much of the existing infrastructure as possible, • Design around existing trees, • Limit rights-of-way use and avoid the need to acquire additional right-of-way, • Limit additional lighting to key areas – not the entire corridor, • Limit street furniture, irrigated vegetation, and other amenities to reduce both construction costs and future maintenance costs; and • Implement other measures to make crossing the roadway and traveling along Council Action Form - 38th Avenue West Corridor Improvement Project February 10, 2025 Page 3 safe and pleasant. The study also includes a drainage outfall system plan (OSP). The OSP identifies the required storm sewer improvements. The OSP was developed to Mile High Flood District (MHFD) standards and reviewed by them to utilize their expertise in storm sewer design and enable potential funding from them for the construction of the storm sewer facilities. Final study recommendations will be presented to the City Council on March 3, 2025. RECOMMENDATIONS: Staff recommends awarding a professional services contract to Ayres Associates, Inc. in the amount of $1,738,163 for design services for the 38th Avenue West Corridor Improvement Project, with a contingency amount of $173,800 for a total not-to-exceed amount of $1,911,963. RECOMMENDED MOTION: “I move to approve Resolution 11-2025, amending the fiscal year 2025 2J Next Chapter Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,911,963 for the purpose of issuing a contract for professional services to Ayres Associates, Inc. and approving subsequent payments for the 38th Avenue West Corridor Improvement Project.” Or, “I move to postpone indefinitely Resolution 11-2025, amending the fiscal year 2025 2J Next Chapter Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,911,963 for the purpose of issuing a contract for professional services to Ayres Associates, Inc. and approving subsequent payments for the 38th Avenue West Corridor Improvement 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. Resolution 11-2025 2. Ayres Contract CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 11 SERIES OF 2025 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2025 2J NEXT CHAPTER FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $1,911,963 FOR THE PURPOSE OF ISSUING A CONTRACT FOR PROFESSIONAL SERVICES TO AYRES ASSOCIATES, INC. AND APPROVING SUBSEQUENT PAYMENTS FOR THE 38TH AVENUE WEST CORRIDOR IMPROVEMENT PROJECT WHEREAS, the City recognizes the importance of improving city streets and providing multi-modal facilities in various locations to allow for improved and safer mobility; and WHEREAS, Ayres Associates, Inc. provided a proposal to complete design services for the 38th Avenue West Corridor Improvement Project which will provide improved transportation options and improved stormwater facilities; and WHEREAS, insufficient appropriations in the 2025 2J Next Chapter Fund exist to cover these expenditures; and WHEREAS, the City of Wheat Ridge Charter requires that amendments to the budget be affected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. A transfer of $1,911,963 is hereby approved from the 2J Next Chapter Fund undesignated reserves to account 66-103-700-750 and the 2025 revenues are amended accordingly. Section 2. A contract in an amount not to exceed $1,911,963, comprising $1,738,163 base and $174,800 in contingency funds, and subsequent payments is hereby approved for professional services with Ayres Associates, Inc. ATTACHMENT 1 DONE AND RESOLVED this 10th day of February 2025 [SEAL] ATTEST: Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor 38th West Final Design Contract #25-003 THIS AGREEMENT made this 10th day of February 2025, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and Ayres Associates Inc, 3665 JFK Parkway, Bldg. 2, Suite 100, Fort Collins, CO 80525, 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), and the signed Single Source Justification (Exhibit B) incorporated herein by reference. In general, the scope of work for this contract is to perform Final Design services for the West 38th Ave corridor improvements from Youngfield Street to Kipling Street (i.e. 38th West) in the City of Wheat Ridge. ARTICLE 2 – TERM The work to be performed under this agreement may commence promptly after receipt of a fully-executed copy of the agreement, to the extent that the Contractor has been authorized to proceed by the City. This agreement is intended to extend the length of the project and is not eligible for renewal beyond the project’s completion. ARTICLE 3 – PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City shall pay the Contractor on an Hourly rate plus expenses basis for services provided, and the Contractor will accept a not-to-exceed amount of One Million, Seven Hundred Thirty-Eight Thousand, One Hundred Sixty-Three dollars ($1,738,163) as full payment for the services identified in Article 1. The City operates on a calendar year as its fiscal year; as such, all invoices must be received no later than December 20, in order to be processed in the same calendar year. A.Invoices by Task Invoices will be submitted monthly by the Contractor for services performed and expenses incurred, pursuant to this agreement during the prior month. Payment is then made to the Contractor within thirty (30)days of receipt via Electronic Funds Transfer (EFT). The City may elect the alternative method of payment by the Treasurer’s Office through proper accounting procedures. B.Funding There is in effect within the City of Wheat Ridge, Colorado, a provision of 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 ATTACHMENT 2 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 – ESCALATION All prices/fees/wages offered in response to this RFP shall be firm against any increase for one (1) year after acceptance by the City. For subsequent periods, it shall be the Contractor’s responsibility to notify the City in advance of any anticipated changes in prices and submit a request for a price increase. This City limits price escalation requests to no more than one (1) rate adjustment per contract term. Increases anticipated to exceed 10% of the original cost will not be accepted, rather the City will resolicit at that time. The City reserves the right to accept or reject the request for a price/fee/wage increase prior to the renewal option period. If the price/fee/wage increase is approved, prices will remain firm for a year from the date of increase. 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 Professional Liability $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 or omissions of the Contractor. 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 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 is not entitled to any betterment as a result of termination. The City and the Contractor agree that this agreement may be canceled for cause by either party, with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time of such termination shall be deducted from the contract price before payment is made. The City may terminate the agreement for its convenience, upon thirty (30) days written notice. In the event of such termination the Contractor will be paid for all work and expenses incurred up until the time of such termination. All work accomplished by the Contractor prior to the date of such termination shall be recorded, and tangible work documents shall be transferred to and become the sole property of the City, prior to payment for services rendered. Contractor is not responsible for work documents that are modified by anyone other than the Contractor. ARTICLE 14 – NOTICES Contact Information City Contractor Name: Kent Kisselman Nathan Silberhorn Office Phone: (303) 205-7626 (970) 797-3524 Email Address: kkisselman@ci.wheatridge.co.us SilberhornN@AyresAssociates.com Address: 7500 W 29th Ave 3665 JFK Parkway, Bldg. 2, Suite 100 City, State, Zip Code Wheat Ridge, CO 80033 Fort Collins, CO 80525 3152 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. Any use of products derived from this contract shall be used only for the specified project/purpose. Any reuse by the City is at their own risk. 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 comply with all applicable provisions of §§24-85-101, et seq., C.R.S., [1] and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103(2.5). Contractor also complies with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1, as described in State of Colorado Technical Standard TS-OEA-002, Technology Accessibility for Web Content and Applications when developing solutions for the state. The Contractor agrees to indemnify, save, and hold harmless the state, its employees, agents and assignees (collectively, the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to the Contractor’s failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103(2.5). Any additional costs to add accessibility features will be the obligation of the Contractor, and any addition or change to the Price Proposal will be disallowed. ARTICLE 22 - COOPERATIVE PROCUREMENT The City of What Ridge encourages and participates in cooperative procurement endeavors undertaken by or on behalf of other governmental agencies including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC). Contractors are hereby advised that any member of MAPO/CPEC is permitted to avail itself of this contract at the prices resulting from the successful award of this contract. 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 ______________________________________ __________ Kent Kisselman, CIP 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: Ayres Associates, Inc. 3665 JFK Parkway, Bldg. 2, Suite 100 Fort Collins, CO 80525 GERALD DAHL, CITY ATTORNEY AUTHORIZED SIGNATURE ATTEST TO CONTRACTOR: PRINTED NAME NAME TITLE TITLE DATE DATE Exhibit A City of Wheat Ridge 38th West – Final Design Scope of Work – 1/22/2025 Page 1 City of Wheat Ridge 38th West Study Final Design Scope of Work – January 22, 2025 This Scope of work is to perform Final Design services for the West 38th Ave corridor improvements from Youngfield Street to Kipling Street (i.e. 38th West) in the City of Wheat Ridge. The scope includes the following tasks and limitations. 0.0 PROJECT MANAGEMENT & ADMINISTRATION 0.1 Administer the contract per City of Wheat Ridge requirements 0.2 Prepare monthly invoices and progress reports. 0.3 Schedule & conduct a virtual project kick-off meeting with project staff and bi-weekly virtual progress meetings with project staff and prepare meeting minutes and/or summaries (assume 22 meetings). 0.3 Schedule & conduct plan deliverable review meetings with project staff after major submittals (assume 4 meetings). 1.0 PUBLIC INVOLVEMENT 1.1 Plan, coordinate, and hold small group business and stakeholder meetings to coordinate final parking impacts (assume 4 separate virtual meetings). 1.2 Develop materials to support City staff presentations to City Council (assume 2 presentations). 1.3 Plan, coordinate, and hold one public open house meetings. Develop informational flyers & invites. City will develop mailing list and send mailings. Provide public engagement results to staff for use on the City website and other associated social media platforms. 2.0 TOPOGRAPHIC SURVEY 2.1 Perform UAS LiDAR survey of the entire corridor at 2-inch pixel resolution; includes Calibration, QC, and CAD Processing. Delivered as 40 Scale Detailed Planimetric Mapping within right-of-way in Civil 3D. 2.2 Perform Aerial Imagery Collection of the entire corridor with 2-inch pixel resolution; includes Calibration, QC, and CAD Processing of 3D surfaces and contours. Delivered as 40 Scale contours and surfaces in Civil 3D 2.3 Perform traditional detailed topographic survey of critical areas (sidewalk ramps, tie-in curb/gutter, pavement tie-in points, etc. Includes QC and CAD Processing of line features in Civil 3D). Survey Control shall be Colorado State Plane, Central Zone, NAD 83 US Feet. 3.0 UTILITY INVESTIGATION 3.0 Review existing utility reports, records, maps, and plans from study phase. 3.1 Perform and mark on-site designating & locating of existing UG utilities (QLC). Perform survey of marked locations (QLB) and process into topographic survey CAD files. 3.2 Develop preliminary utility plan sheets & potential locations for QLA Test Holes. 3.3 Perform preliminary utility coordination with up to 10 impacted utility owners. Develop preliminary utility conflict plans for up to 5 separate utility owners. 3.4 Verify Test Hole locations, perform up to 40 test hole excavations with survey and field reports, 3.5 Finalize Utility Plans with QLA information. 3.6 Perform final utility coordination with up to 10 impacted utility owners. Develop relocation plans for up to three utility facilities. Develop and assist the City with executing up to 3 utility agreements. 4.0 HYDROLOGY AND HYDRAULIC ENGINEERING The H&H engineering that will be developed as part of the final design stage will consist of the following tasks and assumptions. The basis for design will build off the Outfall System Plan, (OSP), developed by Ayres as part of the conceptual level study completed. At 30% Ayres will update the OSP to serve as the hydraulics report and it will Exhibit A City of Wheat Ridge 38th West – Final Design Scope of Work – 1/22/2025 Page 2 meet Mile High Flood District criteria for engineering standard and documentation requirements. No floodplain impacts are anticipated as part of this project; therefore, floodplain permitting is not included as part of this scope. This project will also aim to include water quality features to the extent practical within the existing footprint of the project, this will require input and additional coordination across disciplines within the City of Wheatridge. We will also work to ensure our project meets requirements under the current Stormwater Phase II permit held by the city. The specific H&H related tasks and descriptions are provided here: 4.1 Task management & coordination a. This covers internal management of this task within the hydraulic discipline and coordination meetings with clients, stakeholders, and internal staff as needed. 4.2 H&H Modeling, Design, and Reporting a. Updates to existing conditions H&H from comment review or due to new survey information b. Complete H&H drainage design including minor and major storm criteria: i. Determine locations, sizes, and alignment based on conceptual hydraulic design. Identify locations by highway station or coordinates, as appropriate. ii. Determine the allowable headwater and roadway spread. iii. Assess the degree of sediment and debris problems to be encountered iv. Hydrology will be completed using MHFCD CUHP method, Hydraulics will be completed using StormCad. v. Update per roadway comment and review changes after 30%, 60%, and 90% review periods. c. Implement detention and/or water quality features i. Where practical we will implement BMPs to reduce the amount of pollutants being discharged into Lena Gulch through runoff within the ROW of the project area. This will be accomplished through Low Impact Development (LIDs) or Water Quality Detention Ponds where possible. This will be a collaborative, iterative, and multidisciplinary effort with the City of Wheatridge. To reduce the costs associated with redesign, the features presented will be conceptual until the 60% design phase of the project. At that stage it is assumed that the features presented will not change and can be fully designed. It is important to note that this project is not anticipated to significantly increase the amount of imperviousness through the area, and detention or water quality implemented will be retrofit to the system and added as a good faith measure towards the current MS4 permit and general best management practices. This effort will be coordinated with the Wheat Ridge Stormwater division. d. Irrigation Infrastructure i. Impacts to two irrigation facilities are anticipated as part of this project, including piping existing surface conveyances. One irrigation facility is confirmed and a second irrigation facility needs to be identified and confirmed as part of this scope. Coordination with irrigation companies to determine structural inefficiencies or known drainage issues, and design of appropriate improvements within the Right of Way, are included in this scope. e. Reporting i. Hydraulic reporting will consist of updating the current OSP at the 30%, 90%, and 100% design levels. The final hydraulic design report will follow the OSP general format, though it may differ slightly based on additional project information needed or sections that do not pertain to this project. 4.3 Preliminary (30%) Plans i. 30% plans will consist of general layout of the system with preliminary plan and profile sheets for the proposed drainage system. This will be used to highlight potential conflicts with ROW and Utilities. ii. Conceptual level WQ / LIDs will be presented at this stage for general layout and feasibility. 4.4 60% Plans i. Refinements to the 30% plans will be implemented based on 30% city review comments and conflict resolution between ROW and Utilities. Major redesign of the roadway and general layout of the system are not anticipated past the 60% design stage. ii. Water quality features will be refined at this stage as well. Changes past this stage to location or general strategy are not anticipated. 4.5 90% Plans, Details, and Specifications Exhibit A City of Wheat Ridge 38th West – Final Design Scope of Work – 1/22/2025 Page 3 i. 60% city review comments will be addressed, and plans will be refined to the 90% level, minor changes to pipe elevations and alignment are included. ii. Necessary details and specifications will be provided at this stage. 4.6 100% Plans, Details, and Specifications i. 90% city review comments will be addressed, and plans will be refined to the 100% level. Only very minor changes to pipe alignment or elevations are anticipated at this level. Plans will be reviewed for standardization across disciplines. ii. Final refinements to the details and specifications will be provided at this stage. 5.0 ENGINEERING & DESIGN 5.0 Develop alignment and profile for roadways, curbs, and ramps. 5.1 Perform comprehensive 3D modeling and cross sections of the project template to develop plan sheets. Design Criteria to be followed (in order of precedence and hierarchy): • AASHTO; A Policy on Geometric Design of Highways & Streets • AASHTO Roadside Design Guide • FHWA Manual of Uniform Traffic Control Devises (MUTCD) • CDOT M&S Standards • City of Wheat Ridge Zoning and Development Code • NACTO Urban Street Design Guidelines • AASHTO Guide for the Development of Bicycle Facilities 6.0 PLAN DEVELOPMENT AND PRODUCTION 6.1 Develop 30% construction plans for roadway, bicycle facilities, sidewalks, and drainage facilities to include: • Title sheet • Survey Control Diagram • Geometric Control • Typical Section • Removals • Roadway Plan & Profiles • Preliminary Intersection Details • Preliminary ADA Ramp Details • Preliminary Drainage Plan & Profiles • Preliminary Drainage Details 6.2 Develop 60% construction plans for roadway, bicycle facilities, sidewalks, and drainage facilities to include 30% Plan elements plus: • Standard Plans List • General Notes • SAQ & Quantity Tabulations • Intersection Details • ADA Ramp Details indicating compliance with the latest version of CDOT “Curb Ramp” standards M- 608-1 • Preliminary Driveway Details • Drainage Plan & Profiles • Drainage Details • Preliminary Lighting Plans & Details • Preliminary Signing & Striping Plans, Details, and Quantities • Preliminary Construction Stormwater/Erosion Control Sheets (SWMP or ECS) • Utility Plans • Preliminary Construction Phasing/MOT Plans 6.3 Develop 90% construction plans to include 60% Plan elements plus: • Driveway Details • Lighting Plans & Details Exhibit A City of Wheat Ridge 38th West – Final Design Scope of Work – 1/22/2025 Page 4 • Traffic Signal Plans & Details (RRFB) • Signing & Striping Plans, Details, and Quantities • Construction Stormwater/Erosion Control Sheets (SWMP or ECS) • Utility Plans • Construction Phasing/MOT Plans • Miscellaneous Details • Cross Sections 6.4 Finalize 100% PS&E construction plans. 6.5 Develop Preliminary Construction Specifications at 60% and final Specifications at 90% and 100%. It is assumed CDOT Construction Specifications will primarily be utilized. Ayres will develop project-specific specifications following the CDOT format. 6.6 Develop opinion of probable construction cost estimate at 30%, 60%, 90%, and 100%. CDOT bid items will be utilized in the plans and CDOT bid history will be utilized to develop the opinion of probably cost, with adjustments based on recent Cotity of Wheat Ridge construction projects. 6.7 Develop Project Manual for Advertisement and Contract 6.8 Develop Bid Package for Advertisement. City to administer and post the advertisement on the City’s website and Bidnet. 6.9 Provide Bid & Award Support for selection and award of construction contract. 7.0 STRUCTURAL INSPECTION & DESIGN 7.1 Perform inspection of the existing (approximately) 10’x12’x65’ long three-bay CBC and the existing (approximately) 10’x12’x245’ two-bay CBC and associated parapets, wingwalls, and rails in conformance with the National Bridge Inspection Standards (NBIS). Develop an inspection report with conditions observed and repair recommendations. 7.2 In consultation with City Staff, develop a recommendation of repairs and retrofits to bring railing up to current standards. Develop 30% structural repair and rehabilitation plans for four sections of bridge rail. 7.3 Develop 60% structural plans . 7.4 Develop 90% structural plans & construction specifications. 7.5 Finalize 100% structural plans & construction specifications. 8.0 LANDSCAPE DESIGN 8.1 Develop preliminary corridor streetscape design & cost estimate (per SF) for 30% plans. 8.2 Facilitate discussion and selection of surface water quality elements (i.e. bioswales) where feasible for 60% plans. 8.3 Develop detailed streetscape design and planting & irrigation quantities for 60% plans. 8.4 Develop detailed planting & irrigation plans, quantities, and specifications for 90% and 100% plans. 9.0 ROW PLAN DEVELOPMENT 9.1 Develop parcel tracking spreadsheet and calculate estimated property impact polygons (acquisition and TCE’s) for use on 30% plans and in tracking spreadsheet (with opinion of acquisition costs). 9.2 Develop Preliminary ROW Plans with detailed acquisition and easement shapes (no exhibits or legal descriptions). 9.3 Develop Final ROW Plans with detailed acquisition and easement shapes. Develop exhibits and legal descriptions for fee acquisitions. 9.4 Perform 1-on-1 coordination with affected landowners. 9.5 Field stake acquisition and easement impacts at the request of landowners. Limited to one staking per parcel; parcels will be combined and staked in groups to minimize cost. 10.0 LIGHTING DESIGN In general, this scope is to perform necessary lighting design for roadway projects. See the Mead & Hunt detailed Scope of Work for exact tasks to be performed. Exhibit A City of Wheat Ridge 38th West – Final Design Scope of Work – 1/22/2025 Page 5 10.1 Gather available data and review existing lighting conditions, equipment and delivery systems. 10.2 Coordinate with City staff to determine needs/desires for future corridor lighting. 10.3 Develop a photometric plan for review and discussion with City Staff. 10.4 Develop plans at 60%, 90% and Construction Documents. Plans will include the following information: • Lighting Layouts • Conduit and other electrical delivery infrastructure needs • Lighting details • Electrical connection design/details • Opinion of probably cost of equipment for each submittal 11.0 GEOTECHNICAL INVESTIGATION In general, this scope is to perform necessary geotechnical investigations for roadway projects. See the RMG detailed Scope of Work for exact tasks to be performed. 11.1 In consultation with the project team, develop preliminary investigation map of boreholes and soils samples, depths, and required tests. 11.2 Perform field investigation, including appropriate and approved traffic control and laboratory testing. 11.3 Perform pavement design & recommendations. 11.4 Develop draft and final geotechnical report with findings and recommendations. 12.0 ROW ACQUISITION SERVICES In general, this scope is to perform necessary Right-Of-Way notice, negotiation, closing, and acquisition services meeting the requirements of the Uniform Act. See the WSLS detailed Scope of Work for exact tasks to be performed. 12.1 Perform initial virtual property owner engagement at 60% design level (assume 90 virtual meetings). 12.2 Draft & send notice of intent letters to impacted property owners (assume 6 fee acquisitions and 85 TEs). 12.3 Perform property valuations (assume 6 fee acquisitions and 2 TE valuations (business and residential)). 12.4 Draft & send offer letters to impacted property owners (assume 6 fee acquisitions and 85 TEs). 12.5 Perform negotiations (assume 6 fee acquisitions and 40 TE’s). 12.6 Draft & send final offer letters to impacted property owners (assume 6 fee acquisitions and 40 TEs). 12.7 Perform closings (assume 6 fee acquisitions and 85 TEs). Ayres Associates - Professional Services Fee Proposal City of Wheat Ridge W 38th Avenue - Final Design Fee Estimate, January 17, 2025 Task Description Se n i o r P r o j e c t Ma n a g e r Se n i o r Pr o f e s s i o n a l En g i n e e r 4 En g i n e e r 3 En g i n e e r 2 En g i n e e r 1 Se n i o r C A D D Te c h n i c i a n La n d s c a p e Ar c h i t e c t 2 La n d s c a p e Ar c h i t e c t 1 La n d s c a p e Ar c h i t e c t 1 Fi e l d T e c h n i c i a n Pr o j e c t Ad m i n i s t r a t o r Total Labor Hours Total Labor Cost Total Direct Expenses Total by Task Silberhorn Boltze/ Mathison Hickox/ Armstrong Shaw/ Leary Wright Evans/ Rogers Ricks Land Stoffel Esker/Giles Hayes Smith/Fehr/ Shrader $210.00 $230.00 $205.00 $160.00 $130.00 $140.00 $150.00 $185.00 $175.00 $130.00 $140.00 $115.00 Task 0 Project Management & Administration 0.1 Contract Administration 8 8 4 20 $3,620 $3,620 0.2 Monthly Accounting 5 2 3 10 $1,706 $1,706 0.3 Project Meetings (6) 12 12 24 $4,740 $245 $4,985 0.4 Plan Review Meetings (1) 3 3 3 9 $1,575 $122 $1,697 0.5 Monthly Accounting 6 3 4 13 $2,275 $2,275 0.6 Project Meetings (8) 16 8 24 $4,840 $326 $5,166 0.7 Plan Review Meetings (1) 3 3 3 9 $1,575 $122 $1,697 0.8 Monthly Accounting 6 3 4 13 $2,275 $2,275 0.9 Project Meetings (8) 16 8 24 $4,840 $326 $5,166 0.10 Plan Review Meetings (1) 3 3 3 9 $1,575 $163 $1,738 0.11 Plan Review Meetings (1) 3 3 3 4 13 $2,035 $163 $2,198 Subtotal Hours 81 0 0 0 12 0 0 56 0 0 0 19 168 $31,056 $1,469 $32,525 Subtotal $ $16,905 $0 $0 $0 $1,560 $0 $0 $10,406 $0 $0 $0 $2,185 $31,056 $32,525 Task 1 Public Involvement and Meetings 1.1 Local Business & Stakeholder Meetings (4) 16 16 8 8 48 $8,760 $326 $9,086 1.2 Council Presentations/Work Sessions (2) 16 16 32 $6,320 $122 $6,442 1.3 Public Meeting Materials 12 12 8 16 48 $8,220 $8,220 1.4 Public Meeting #1 8 8 8 8 32 $5,600 $122 $5,722 1.5 Public Meeting #2 8 8 8 8 32 $5,600 $122 $5,722 Subtotal Hours 60 0 0 0 0 0 0 60 32 40 0 0 192 $34,500 $694 $35,194 Subtotal $ $12,600 $0 $0 $0 $0 $0 $0 $11,100 $5,600 $5,200 $0 $0 $34,500 $35,194 Task 2 Survey Crocker/ Kaebisch/ Van Horn Prof. I PLS Tech 2.1 UAS Lidar & Processing (completed) 0 $0 $0 2.2 Aerial Imagery & Processing (completed) 0 $0 $0 2.3 Ground Control 8 24 8 40 $5,520 $458 $5,978 2.4 Conventional Survey & Processing 16 40 40 40 136 $17,960 $938 $18,898 2.5 CAD file review 8 8 16 $2,720 $2,720 Subtotal Hours 8 0 0 24 72 0 0 0 0 0 48 40 192 $26,200 $1,396 $27,596 Subtotal $ $1,680 $0 $0 $3,840 $9,360 $0 $0 $0 $0 $0 $6,720 $4,600 $26,200 $27,596 Task 3 Utility Coordination & SUE Report 3.1 Field Work: Utility Designating & Report: QL-B 2 8 8 80 98 $14,660 $2,038 $16,698 3.2 Preliminary Utility/SUE Plans 4 8 8 40 8 16 84 $12,680 $12,680 3.3 Utility Coordination & Preliminary Utility Conflict Plans 20 60 80 $12,000 $12,000 3.4 Field Work: Test Holes (assume 40): QL-A 4 10 40 140 140 334 $45,240 $13,230 $58,470 3.5 Final Utility/SUE Plans: QL-A 4 20 40 4 4 72 $12,460 $12,460 3.6 Utility Relocation Plans and Utility Agreements 20 60 20 100 $15,000 $15,000 Subtotal Hours 54 46 0 40 128 0 108 0 0 0 232 160 768 $112,040 $15,268 $127,308 Subtotal $ $11,340 $10,580 $0 $6,400 $16,640 $0 $16,200 $0 $0 $0 $32,480 $18,400 $112,040 $127,308 Task 4 Hydrology & Hydraulic Engineering 4.1 Task Management and Coordination 50 25 7 82 $14,498 $14,498 4.2 Conceptual H&H QAQC 0 $0 $0 4.3 Hydraulic Modeling (w/WQ & det) 2 40 150 192 $29,620 $29,620 4.4 Hydraulics & Storm Sewer Design (w/WQ & det) 4 60 180 244 $38,340 $38,340 4.5 Preliminary (30%) Plans (w/WQ & det) 4 4 40 60 120 3 231 $36,705 $36,705 4.3 60% Drainage Plans 4 4 60 80 40 4 192 $31,720 $31,720 4.4 90% Drainage Plans, Details, & Specifications 4 4 40 40 20 4 112 $19,020 $19,020 4.5 100% Drainage Plans, Details, & Specifications 4 4 10 10 2 30 $5,540 $5,540 Subtotal Hours 22 16 300 0 0 535 190 0 0 0 0 20 1083 $175,443 $0 $175,443 Subtotal $ $4,620 $3,680 $61,500 $0 $0 $74,900 $28,500 $0 $0 $0 $0 $2,243 $175,443 $175,443 Task 5 Roadway/Civil Design & CAD Modeling 5.1 CAD file review and design adjustments 8 8 32 24 24 96 $14,680 $14,680 5.2 3D model development & adjustments 40 60 120 8 32 260 $39,240 $39,240 Subtotal Hours 48 0 0 68 152 0 0 32 0 56 0 0 356 $53,920 $0 $53,920 Subtotal $ $10,080 $0 $0 $10,880 $19,760 $0 $0 $5,920 $0 $7,280 $0 $0 $53,920 $53,920 Task 6 Roadway Plans, Specs, and Estimates 6.1 30% Plans & Cost Estimate 32 8 54 138 8 8 248 $37,660 $37,660 6.1.1 Develop Design 16 16 40 8 8 $13,640 $13,640 6.1.2 Develop Plan sheets (60) 8 30 90 $18,180 $18,180 6.1.3 Develop Specifications $0 $0 6.1.4 Develop Summaries & Cost Estimates 8 8 8 8 $5,840 $5,840 6.2 60% Plans, Specifications, & Estimates 112 24 128 226 8 8 24 530 $84,900 $84,900 6.2.1 Revise & Progress Design 16 24 60 $15,000 $15,000 6.2.2 Develop Plan sheets (120) 40 60 150 $37,500 $37,500 6.2.3 Develop 60% Specifications 40 16 20 $15,280 $15,280 6.2.4 Develop Summaries & Cost Estimates 16 8 24 16 $11,120 $11,120 6.3 90% Plans, Specifications, & Estimates 100 24 90 256 16 16 24 526 $83,080 $83,080 6.3.1 Revise & Progress Design 4 20 60 $11,840 $11,840 6.3.2 Develop Plan sheets (240) 40 60 180 $41,400 $41,400 6.3.3 Develop 90% Specifications 40 16 $12,080 $12,080 6.3.4 Develop Summaries & Cost Estimates 16 8 10 16 $8,880 $8,880 6.4 100% Plans, Project Manual, Bid Docs, Advertisement 40 16 24 24 24 24 40 192 $32,280 $32,280 6.5 Bidding Support 40 16 24 24 24 24 152 $27,680 $27,680 6.6 QA/QC (30%, 60%, and 90% plans) 9 30 39 $8,790 $8,790 Subtotal Hours 333 118 320 668 80 72 56 40 1687 $274,390 $0 $274,390 Subtotal $ $69,930 $27,140 $0 $51,200 $86,840 $0 $0 $14,800 $12,600 $7,280 $0 $4,600 $274,390 $274,390 DETAIL OF LABOR, DIRECT, AND SUBCONSULTING COSTS BY TASK Ayres Associates - Professional Services Fee Proposal City of Wheat Ridge W 38th Avenue - Final Design Fee Estimate, January 17, 2025 Task Description Se n i o r P r o j e c t Ma n a g e r Se n i o r Pr o f e s s i o n a l En g i n e e r 4 En g i n e e r 3 En g i n e e r 2 En g i n e e r 1 Se n i o r C A D D Te c h n i c i a n La n d s c a p e Ar c h i t e c t 2 La n d s c a p e Ar c h i t e c t 1 La n d s c a p e Ar c h i t e c t 1 Fi e l d T e c h n i c i a n Pr o j e c t Ad m i n i s t r a t o r Total Labor Hours Total Labor Cost Total Direct Expenses Total by Task DETAIL OF LABOR, DIRECT, AND SUBCONSULTING COSTS BY TASK Task 7 Structural Inspection & Design Evans Bluma/ Baudette 7.1 Inspect Existing CBC Structures (2) and Rails 64 64 $11,200 $1,130 $12,330 7.2 30% Structure Rehab/Repair Plans 8 80 32 120 $17,840 $17,840 7.3 60% Structure Rehab/Repair Plans 8 40 16 64 $9,840 $9,840 7.4 90% Structure Rehab/Repair Plans 4 24 16 44 $6,840 $6,840 7.5 100% Rehab/Repair Plans, Specs, and Estimates 2 24 8 34 $4,980 $4,980 7.6 QA/QC 8 8 $1,840 $1,840 Subtotal Hours 0 30 0 0 168 0 0 0 136 0 0 0 334 $52,540 $1,130 $53,670 Subtotal $ $0 $6,900 $0 $0 $21,840 $0 $0 $0 $23,800 $0 $0 $0 $52,540 $53,670 Task 8 Landscaping & Planting 8.1 Concept Landscape Plans 16 24 40 $7,160 $7,160 8.2 Water Quality Coordination 8 8 16 32 $4,960 $4,960 8.3 Detailed Planting Plans 16 40 56 $9,960 $9,960 8.4 Landscape & Planting Specs & Costs 24 40 64 $11,440 $11,440 Subtotal Hours 0 0 0 0 0 0 0 64 112 16 0 0 192 $33,520 $0 $33,520 Subtotal $ $0 $0 $0 $0 $0 $0 $0 $11,840 $19,600 $2,080 $0 $0 $33,520 $33,520 Task 9 ROW Plans (assumes 6 Acqu's. & 85 TEs)Van Horn Crew Chief 9.1 Parcel/Owner Tracking Database (125 parcels) 63 63 125 $20,313 $20,313 9.2 Preliminary ROW Plans (90 parcels) 23 45 45 113 $15,750 $15,750 9.3 Final ROW Plans (6 Acquisitions and 85 TE's) 27 27 49 24 127 $19,176 $326 $19,503 9.4 Property Owner Coordination & Meetings (40 parcels) 40 12 52 $9,780 $326 $10,106 9.5 ROW Staking (6 Acquisitions and 85 TE's) 27 27 27 27 109 $17,440 $326 $17,766 Subtotal Hours 180 0 0 55 121 0 0 0 0 0 27 144 526 $82,459 $979 $83,438 Subtotal $ $37,695 $0 $0 $8,720 $15,698 $0 $0 $0 $0 $0 $3,815 $16,531 $82,459 $83,438 Tasks Subconsultants Mead & Hunt (Lighting, Sign & Stripe, & MOT) 20 8 8 36 $7,080 $439,700 $446,780 Merge Consulting Group (Strategy & PI Facilitation) 8 8 $1,680 $30,000 $31,680 Rocky Mountain Group (Geotech) 8 2 10 $2,140 $30,000 $32,140 WSLS (ROW & Easement Acquisitions) 16 4 20 $3,880 $303,800 $307,680 Hines (Irrigation) 8 8 16 $2,880 $20,000 $22,880 5% fee on subconsultants for subcontracting, regular coordination, and deliverables reviews $0 $0 Subtotal Hours 52 10 0 0 12 0 0 8 8 0 0 0 90 $17,660 $823,500 $841,160 Subtotal $ $10,920 $2,300 $0 $0 $1,560 $0 $0 $1,480 $1,400 $0 $0 $0 $17,660 $841,160 Total 837 220 300 507 1333 535 298 300 360 168 307 422 5587 $893,728 $844,436 $1,738,163 Total (H x Rate) $175,770 $50,600 $61,500 $81,040 $173,258 $74,900 $44,700 $55,546 $63,000 $21,840 $43,015 $48,559 5587 $893,728 30% Phase $444,656 60% Phase $455,798 90% Phase $362,026 100% Phase $475,683 $1,738,163 Exhibit A City of Wheat Ridge 38th West Study Mead & Hunt Scope of Work – 1/22/25 Page 1 City of Wheat Ridge 38th West Final Design Scope of Work – Mead & Hunt This Scope of work is to perform Final Design services for the West 38th Ave corridor improvements from Youngfield Street to Kipling Street (i.e. 38th West) in the City of Wheat Ridge. The scope includes the following tasks and limitations. ROUNDABOUT DESIGN TASKS (Task 5.2) Coordinate efforts with other design activities as required. • Review the existing data and determine survey needs. • Verify horizontal alignment of alternatives developed in the conceptual design phase. • Develop vertical alignment. Check horizontal and vertical clearances against design criteria. • Provide alignments and required right-of-way (preliminary plans) to the manager responsible for producing the right-of-way ownership map. • Plot/develop required information on the plans in accordance with Wheat Ridge / CDOT standards. • Develop 30%, 60%, 90% and Construction Documents for three mini-roundabouts. • Develop preliminary earthwork limits. • Work with drainage engineers to incorporate grading and necessary subsurface infrastructure. • Address pedestrian access (ADA/PROWAG) • Review design vehicle data and adjust the design accordingly. The following will be completed for each submittal: • Coordinate, complete and compile the plan inputs from other activities: materials, hydraulics, traffic, right- of-way, and major structures. • Prepare the preliminary opinion of probable construction cost estimate for the work described in the plans based on estimated quantities. • The plans will likely include: o Geometric Layout sheet(s) o Roundabout plan sheet(s) o Profile sheet(s) o Detail sheet(s) o Grading Sheet(s) o Design Notes o Cross Sections at critical points with roadway template, existing utility lines at known or estimated depths, catch points, and roposed right-of-way • The plan and profile sheets will include the following: existing topography, proposed alignments, profile grades, ground line, existing ROW, rough structure notes (preliminary drainage design notes), and existing utility locations. All submittals will be electronic. Plan Reviews will include the following: • Attend the Design Review meetings for 30%, 60%, and 90% submittals • Design decisions concerning questions raised by the Preliminary Review will be resolved in cooperation with the City/PM. The Consultant/PM shall document the decision and transmit the documentation to the City for approval. • A list of all deviations from standard design criteria along with the written justification for each one shall be submitted to the City. SIGNING & STRIPING TASKS (Tasks 6.1 – 6.4) • Inventory existing signing within and leading up to the project area. • Lay out all signage and striping per MUTCD, CDOT, or local design criteria. • Plan sheets will address signing and striping associated with auto, bike, pedestrian and transit, including lane reconfigurations at the west leg of the Kipling Street intersection • Develop a tabulation of signing and striping bid items in accordance with CDOT Item Code Book Exhibit A City of Wheat Ridge 38th West Study Mead & Hunt Scope of Work – 1/22/25 Page 2 • The proposed design shall be reviewed by the City for compatibility with existing signing procedures prior to the preliminary plan set. • The proposed design at the Kipling Street intersection shall be reviewed by CDOT for compatibility with existing signing standards prior to the preliminary plan set. TRAFFIC SIGNAL TASKS (Tasks 6.1 - 6.4) • Based on the alternatives analysis previously completed for the Kipling Street intersection (dated 6-18- 24), develop revised signal timing plans for the existing traffic signals utilizing recommended alternative 2 (eastbound only). Includes CDOT coordination and approvals. • Traffic signal timing revisions assume no pole or mast arm relocations or modifications. LIGHTING (Tasks 6.1 - 6.4) • Gather available data and review existing lighting conditions, equipment and delivery systems. • Coordinate with City staff to determine needs/desires for future corridor lighting. • Develop lighting plans at 30%, 60%, 90% and Construction Documents. • Plans will include the following information: o Lighting Layouts o Conduit and other electrical delivery infrastructure needs o Lighting details o Electrical connection design/details o Opinion of Probably Cost of equipment for each submittal CONSTRUCTION PHASING / MOT (Tasks 6.1 - 6.4) • Develop construction phasing plans to identify an efficient order of construction operations by defining and delineating project work areas and traffic operation areas. A preliminary traffic control plan will also be developed which will be compatible with the phasing plan. At this time, it is assumed there will be 3 basic construction phases with some sub phases likely necessary. • Develop a tabulation of presumed construction traffic control bid items in accordance with CDOT Item Code Book. • Layout sheets will detail construction zones, drive lanes, construction appurtenances, typical sections and tabulations of quantities. Acquisition and Relocation Specialists 505 North Denver Avenue Loveland, CO 80537 (970) 667-7602 Metro: (303) 938-1414 Wslsrow.com COST ESTIMATE For the purposes of this cost proposal, we have been asked by Ayres to assume that we will need to acquire property interests from up to 91 distinct landowners. Based on the information provided to date, we do not anticipate any federal or state funding and no relocations. Our scope would include valuations, basic property research, document preparation, landowner negotiations and closings. In order to acquire property interests from 91 landowners, we provide the following estimates: Project Manager/Sr Agent 820 hours x $115 per hour $ 94,300.00 Agent II 1,000 hours x $110 per hour $110,000.00 Clerical 100 hours x $80 per hour $ 8,000.00 Waiver Valuations 85 x $500 each $ 42,500.00 $254,800.00 Expenses: mileage, copies, facsimiles, postage, telecom $ 7,000.00 Estimated WSLS Total $261,800.00 Third Party Services Appraisals 6 x $7,000 $ 42,000.00 GRAND TOTAL $ 303,800.00 The above estimate is for acquisition services through statutory negotiations and is based upon current information. We have included time for periodic meetings and to make trips to the project area as may be necessary. As with all of our work, we note that the fee estimated above is not a fixed bid and we would only charge for the actual time and expenses incurred during the conduct of our acquisition services. Thank you and should you have any questions regarding this preliminary proposal, please contact me at your earliest convenience. Sincerely, WESTERN STATES LAND SERVICES, LLC John Doty Principal ID Task Name Duration Start Finish Predecessors 1 Notice to Proceed 1 day Fri 2/14/25 Fri 2/14/25 2 Project Kick-Off 1 day Mon 2/17/25 Mon 2/17/25 1 3 Survey (started under study phase)30 days Mon 12/9/24 Fri 1/17/25 4 Geotech Investigation 30 days Tue 2/18/25 Mon 3/31/25 2 5 Utility QL-B & Plans 45 days Tue 2/18/25 Mon 4/21/25 2 6 CAD Design File Review 30 days Tue 2/18/25 Mon 3/31/25 2 7 Hydraulic Modeling (Final)20 days Tue 2/18/25 Mon 3/17/25 2 8 Final Drainage Report 10 days Tue 3/18/25 Mon 3/31/25 7 9 Final Drainage Design 50 days Tue 3/18/25 Mon 5/26/25 7 10 Stakeholder Engagement (1-on-1)100 days Tue 2/18/25 Mon 7/7/25 2 11 Final Design Public Meeting 10 days Tue 8/12/25 Mon 8/25/25 17 12 30% Plans Development 50 days Tue 2/18/25 Mon 4/28/25 2,5FF 13 Plan Review by City 15 days Tue 4/29/25 Mon 5/19/25 12 14 60% Plans Development 60 days Tue 4/29/25 Mon 7/21/25 12,9FF 15 Preliminary Specs Development 20 days Tue 6/24/25 Tue 7/22/25 17SF 16 Preliminary ROW Plans 30 days Tue 6/10/25 Mon 7/21/25 14FF 17 Plan review by City 15 days Tue 7/22/25 Mon 8/11/25 14 18 90% Plans Development 60 days Tue 7/22/25 Mon 10/13/25 14 19 90% Specs Revisions 15 days Tue 9/23/25 Tue 10/14/25 22SF 20 Project Manual Development 20 days Tue 9/16/25 Tue 10/14/25 22SF 21 Final ROW Plans 20 days Tue 9/16/25 Mon 10/13/25 18FF 22 Plan review by City 15 days Tue 10/14/25 Mon 11/3/25 18 23 Final Plans & Specs Development 50 days Tue 11/4/25 Mon 1/12/26 22 24 Project Manual Revisions with City 20 days Tue 1/13/26 Mon 2/9/26 23 25 Plan review by City 10 days Tue 1/13/26 Mon 1/26/26 23 26 Advertisement Prep with City 20 days Tue 1/13/26 Mon 2/9/26 23 27 Advertisement 16 days Thu 2/12/26 Thu 3/5/26 26FS+2 days Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress Project: Wheat Ridge W 38th Ave Proposed Design Schedule Date: Mon 1/27/25 Page 1 Project: Wheat Ridge W 38th Ave Proposed Design Schedule DATE: January 27, 2025 TO: Whitney Mugford-Smith, NIGP-CPP, CPPB Procurement Manager FROM: Kent Kisselman, CIP Manager SUBJECT: Single Source Justification Final Design Services of 38th West AWARDEE: Ayres Associates, Inc. for $1,738,163 The current consultant team on the 38th West project did compete in an RFP arrangement and won the first phase on merit. Given the consultant team’s financial performance (completing the original scope under budget), understanding of the overall project and stakeholders, and familiarity with the design files and cost estimates, it would be advantageous for the city to utilize the same team for the Final Design phase. This arrangement would provide significant schedule and cost benefits to the City related to the learning curve of a new consultant, and the current consultant team has staff available to complete the required scope. We therefore recommend a single source contract awarded to the Ayres Associates team. Approval: Whitney Mugford-Smith, Procurement Manager Approval: Maria D’Andrea, Director of Public Works EXHIBIT B ITEM NUMBER: 5 DATE: February 10, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: A MOTION APPROVING A CONSTRUCTION AGREEMENT WITH JOC CONTRACTING, LLC., IN THE AMOUNT OF $898,911.56 FOR TABOR LAKE TRAIL IMPROVEMENTS ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: Planning and design work associated with the Tabor Lake Trail project has reached completion. JOC Contracting, LLC was selected through Sourcewell cooperative purchasing to complete the construction phase of this project. This project will create a connection to the Clear Creek Trail from 44th Avenue through Van Gordon Street. Formalizing the existing social trail adjacent to Tabor Lake will provide a wider, safer, ADA accessible path to the Clear Creek Trail, and will enhance birding experiences by adding a bird blind and lake overview shelter. PRIOR ACTION: City Council passed Resolution 34-2022 on August 22, 2022, supporting an application for funding for this project to the Jefferson County Open Space Trails Partnership grant program and Resolution 08-2023 on March 13, 2023, approving the subsequent grant agreement. Council passed Resolution 38-2022 on September 9, 2022, supporting an application for funding for this project to the Colorado Parks and Wildlife’s (CPW) Non-Motorized Trails Grant program. CPW staff subsequently recommended this project for the Land Water Conservation Fund, which allows for higher funding amounts. Council previously earmarked $934,000 in American Rescue Plan Act (ARPA) funds for this project. Students from the Colorado School of Mines presented their plan for this trail to Council at the December 5, 2022, study session. Council Action Form – Tabor Lake Trail Improvements Construction Agreement February 10, 2025 Page 2 FINANCIAL IMPACT: The contract for design was awarded in the amount of $137,623. The construction agreement is for $898,911.56, bringing the total project cost to $1,036,534.56. The City earmarked $934,000 in American Rescue Plan Act (ARPA) funds for this project. Additionally, the City was awarded $410,000 through the Jefferson County Open Space Trails Partnership Program and $451,260 through a Land Water Conservation Fund grant. As a result, excess revenues were able to fund park projects in cases where the bids far exceeded the budget, such as the Hayward Park Trail Replacement. The project is budgeted within the City’s Open Space Fund (Fund 32). BACKGROUND: An informal, dirt social trail currently exists adjacent to the eastern and northern shoreline of Tabor Lake. This dirt path connects the Clear Creek Trail near the southeast corner of the lake with Van Gordon Street near the northwest corner of the lake. The Parks and Recreation Commission inquired about the feasibility of building a safe, stable, accessible trail around the lake. In 2022, a Colorado School of Mines student team completed a two-semester project that included public engagement, concept development, and the creation of a non- professional trail design around the lake with related amenities. In 2022-2023, the department applied for and was awarded a $451,260 grant from the Land Water Conservation Fund and a $410,000 grant from the Jefferson County Open Space Trails Partnership Program to help fund the design and construction of the trail. In 2023, Design Concepts was selected as the contractor for the trail design. During the design process, Design Concepts recommended keeping the west shoreline closed to public access, as it currently is, for safety due to a landslide in the 1980s and a risk of falling down a steep slope into the lake. Staff agreed with this recommendation. Design Concepts completed the trail design for a 6’-wide soft surface trail in 2024. In addition to the trail, the design includes a pavilion on the northwest corner of Tabor Lake, a bird blind at the south shore accessible from the existing paved Clear Creek Trail, benches and trash cans, improved parking on Van Gordon Street, including a handicap space, formalized trail access, and a maintenance access ramp to the lake. The project aligns with the adopted 2023 Open Space Management Plan to “Expand access and connectivity to the Clear Creek Trail as the backbone of the city, connecting neighborhoods to each other, to nature, outdoor experiences, and community destinations.” The Lee and Baugh Ditch, and its easement, runs through parts of the project site and Council Action Form – Tabor Lake Trail Improvements Construction Agreement February 10, 2025 Page 3 construction work cannot be completed within the easement from April 1-October 31 annually. Construction can occur year-round (weather-dependent) in the project areas outside of the ditch easement. In addition to the ditch requirement, the City needs to be mindful of the cormorant nesting season when completing trail construction. JOC Contracting, LLC was selected through Sourcewell (cooperative purchasing agreement), under the guidance of the City’s procurement manager. RECOMMENDATIONS: Staff recommends the approval of the construction agreement with JOC Contracting, LLC. Alternatively, the City could restart the selection process and seek another contractor to complete the work. RECOMMENDED MOTION: “I move to approve a construction agreement with JOC Contracting, LLC in the amount of $898,911.56 for Tabor Lake Trail improvements.” Or, “I move to not approve a construction agreement with JOC Contracting, LLC in the amount of $898,911.56 for Tabor Lake Trail improvements for the following reason(s).” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Director of Parks & Recreation Benny Paiz, Manager of Parks, Forestry & Open Space Brandon Altenburg, Grant & Special Project Administrator Whitney Mugford-Smith, Procurement Manager Patrick Goff, City Manager ATTACHMENTS: 1. Construction Agreement with JOC Contracting, LLC 2. Work Order Signature Document with JOC Contracting, LLC 3. Overall Site Plan – Tabor Lake Trail 24-169-Tabor Lake Trail Improvements CITY OF WHEAT RIDGE 24-169-Tabor Lake Trail Improvements AGREEMENT THIS AGREEMENT, made this 14th day of January, 2025 by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and JOC Contracting, LLC, 4890 Ironton Street, Suite A, Denver, CO 80239, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows: 1.The Contractor agrees to furnish all materials, supplies, tools, equipment, labor, and other services necessary tocomplete the construction of the Project titled, 24-169-Tabor Lake Trail Improvements, in accordance with the Contract Bid Documents. 2.The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with the terms therein for the Total Contract amount of eight-hundred ninety-eight thousand, nine-hundred elevendollars and fifty-six cents, ($898,911.56). 3.The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14)calendar days after the date of the Notice to Proceed and to complete the same within 45 working days after the date of the Notice to Proceed unless the time for completion is extended otherwise by written changes to theContract Bid Documents. 4.The term "CONTRACT BID DOCUMENTS" means and includes the following: A Signature Page K Agreement B Advertisement for Bids L Payment Bond C Information for Bidders M Performance Bond D Contractor Qualification N Notice to Proceed E Bid Form O Final Receipt F Bid Schedule P Project Special Provisions G List of Subcontractors Q General Provisions H Non-Discrimination Assurance R Addenda I Non-Collusion Affidavit Q Drawings/ Exhibits J Bid Bond S Keep Jobs in Colorado 5.The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, suchamounts as required by the Contract Documents. 6.Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a)Fiscal year. Fiscal year for the city shall commence on January 1 and end on December 31. (b)Budget contains appropriations. The city council shall annually adopt a budget in a mannerconsistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge. Upon the annual adoption by the city council of each fiscal year's budget, levels of authorizedexpenditures from the funds indicated within the annual budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposes specified therein.During the course of each fiscal year, approval by the city council of contracts for goods or services, and/or approval of bids for the provision of specified goods or services, shall likewise constituteappropriations of the amounts specified therein for the purposes specified therein. ATTACHMENT 1 24-169-Tabor Lake Trail Improvements (c) No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the city shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the city and no city monies from any source whatsoever shall be paid thereon. (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the city council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the city. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the city; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e) Notice to parties contracting with the city. All persons contracting with, or selling goods or services to, the city are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the city wherein city funds are used to pay for said contract. 7. Section 2-4 of the City Code of Laws is presented below: (a) The city may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the city or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. (b) The city council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. 8. Any notice or communication given pursuant to this Agreement to the City shall be made in writing: Contact Information City Contractor Name: Mark Ruote Kiryl “K” Kavalenka Office Phone: 303-205-7553 720-419-5142 Email Address: mruote@ci.wheatridge.co.us k@joc-construction.com Address: 7500 W 29th Ave. 4890 Ironton Street, Suite A City, State, Zip Code Wheat Ridge, CO 80033 Denver, CO 80239 9. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. 10. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. 11. Vendor Performance Feedback 24-169-Tabor Lake Trail Improvements The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements: a. Work completed on time b. Work completed within budget c. Work completed as per the Scope of Work d. Future awards recommendation 12. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 13. Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. ______________________________________ __________ Whitney Mugford-Smith, Procurement Manager Date Signed ______________________________________ __________ Mark Ruote, Parks Projects Coordinator Date Signed ______________________________________ __________ Karen O’Donnell, Director of Parks & Recreation Date Signed 24-169-Tabor Lake Trail Improvements IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE Margy Greer, Senior Deputy City Clerk WHEAT RIDGE, C0 80033 303-234-5900 Date Patrick Goff, City Manager (Seal) APPROVED AS TO FORM: CONTRACTOR JOC Construction, LLC 4890 Ironton Street, Suite A Denver, CO 80239 Gerald Dahl, City Attorney ATTEST TO CONTRACTOR: Authorized Signature Printed Name Name Title Title Date Date 24-169-Tabor Lake Trail Improvements PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that JOC Contracting, LLC (Name of Contractor) 4890 Ironton Street, Suite A, Denver, CO 80239 (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of eight-hundred ninety-eight thousand, nine-hundred eleven dollars and fifty-six cents, ($898,911.56) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2025, a copy of which is hereto attached and made a part hereof for the Project titled, 24-169-Tabor Lake Trail Improvements, in accordance with the Contract Bid Documents including: Base Bid – Tabor Lake Trail Improvements NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said WORK, and for all labor performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. *Insert "a corporation", "a partnership", or "an individual" as applicable. 24-169-Tabor Lake Trail Improvements IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2025 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. 24-169-Tabor Lake Trail Improvements PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of eight-hundred ninety-eight thousand, nine-hundred eleven dollars and fifty-six cents, ($898,911.56) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2025, a copy of which is hereto attached and made a part hereof for the Project titled, 24-169-Tabor Lake Trail Improvements, in accordance with the Contract Bid Documents including: Base Bid – Tabor Lake Trail Improvements NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *Insert "a corporation", "a partnership", or "an individual" as applicable. 24-169-Tabor Lake Trail Improvements IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2025 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. Work Order Signature Document Sourcewell EZIQC Contract No.: CO-R2-GC-022924-LRI Tabor Lake Trail Improvements New Work Order 24-WheatRidge-0014.00 Modify an Existing Work Order Work Order Title: Work Order Number.:Work Order Date: X 12/19/2024 Contractor Name: Contact: Phone: Contact: Phone: Kiryl Kavalenka 720-419-5142 Owner Name:COLORADO - City of Wheatridge Whitney Mugford-Smith 720.517.9337 JOC Construction LLC Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CO-R2-GC-022924-LRI. Brief Work Order Description: Tabor Lake Trail improvements Will not apply:Liquidated Damages Will apply: Estimated Completion Date: Estimated Start Date: Time of Performance X Work Order Firm Fixed Price: $898,911.56 Owner Purchase Order Number: Approvals Date DateContractorOwner 2.00 Page 1 of 1 12/19/2024 Work Order Signature Document ATTACHMENT 2 3.00 Detailed Scope of Work Whitney Mugford-SmithKiryl KavalenkaTo:From: JOC Construction LLC COLORADO - City of Wheatridge 200 Union Blvd., Suite 200 7500 W 29th Ave Lakewood, CO 80228 Wheat Ridge, CO 80033 720-419-5142 720.517.9337 Work Order Number: December 19, 2024Date Printed: 24-WheatRidge-0014.00 Tabor Lake Trail ImprovementsWork Order Title: Brief Scope:Tabor Lake Trail improvements Revised FinalPreliminaryX The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Detailed scope located after proposal Subject to the terms and conditions of JOC Contract CO-R2-GC-022924-LRI. Contractor Date DateOwner Page 1 of 1 12/19/2024 Scope of Work 4.00 Contractor's Price Proposal - Summary Owner PO #: Tabor Lake Trail Improvements 24-WheatRidge-0014.00 CO-R2-GC-022924-LRIIQC Master Contract #: Work Order #: Title: Re: December 19, 2024Date: Proposal Value: Contractor: JOC Construction LLC $898,911.56 $274,971.45Section - 01 $24,172.99Section - 02 $61,904.48Section - 03 $102,986.94Section - 05 $21,071.49Section - 07 $19,641.74Section - 08 $1,547.51Section - 10 $158,688.12Section - 31 $233,805.54Section - 32 $121.30Section - 46 Proposal Total Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. $898,911.56 The Percentage of NPP on this Proposal:% Page 1 of 1 12/19/2024 Contractor's Price Proposal - Summary 5.00 Contractor's Price Proposal - Detail Tabor Lake Trail Improvements 24-WheatRidge-0014.00 CO-R2-GC-022924-LRIIQC Master Contract #: Work Order #: Owner PO #: Title: Re: December 19, 2024Date: Proposal Value: Contractor: JOC Construction LLC $898,911.56 (Excludes)Equip.MaterialLabor Line TotalDescriptionUOMMod.ItemSect. Section - 01 01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal. 1 $3,300.00EA Installation =x x 3,300.00 FactorUnit PriceQuantity Total 1.00 1.1000 3,000.00 Allowance for state stormwater permit fees. 01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal. 2 $19,350.34EA Installation =x x 19,350.34 FactorUnit PriceQuantity Total 1.00 1.1000 17,591.22 Bond Fees. 01 22 20 00 0010 ElectricianFor tasks not included in the Construction Task Catalog® and as directed by owner only. 3 $1,459.35HR Installation =x x 1,459.35 FactorUnit PriceQuantity Total 75.73 1.2044 16.00 For installation, testing, and final terminations on solar lights within shade structure and bird blind. 01 22 20 00 0015 LaborerFor tasks not included in the Construction Task Catalog® and as directed by owner only. 4 $4,971.76HR Installation =x x 4,971.76 FactorUnit PriceQuantity Total 34.40 1.2044 120.00 Two Laborers for loading and offloading of materials and equipment. Installation of project safety items, project housekeeping, and all Owner directed labor items. 01 22 20 00 0038 WelderFor tasks not included in the Construction Task Catalog® and as directed by owner only. 5 $10,964.26HR Installation =x x 10,964.26 FactorUnit PriceQuantity Total 60.69 1.2044 150.00 Fabrication time required for bird blind creation. 01 22 20 00 0046 Surveyor (Instrument person)6 $378.28HR Installation =x x 378.28 FactorUnit PriceQuantity Total 39.26 1.2044 8.00 Onsite surveyor to stake out all site amenities prior to placement for approval by Owner. 01 22 20 00 0047 Surveyor (Rod Person)7 $268.82HR Installation =x x 268.82 FactorUnit PriceQuantity Total 27.90 1.2044 8.00 Onsite surveyor to stake out all site amenities prior to placement for approval by Owner. Page 1 of 16 12/19/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-WheatRidge-0014.00 Tabor Lake Trail Improvements Section - 01 01 22 20 00 0060 Draft Person8 $4,335.84HR Installation =x x 4,335.84 FactorUnit PriceQuantity Total 80.00 1.2044 45.00 Preparation and submission of the SWMP permit, along with all necessary permits required to ensure compliance with local, state, and federal regulations specific to the Tabor Lake project. Includes time allocated for drafting and preparing traffic control plans for submission . 01 22 20 00 0063 Flagperson For Traffic Control9 $4,971.76HR Installation =x x 4,971.76 FactorUnit PriceQuantity Total 34.40 1.2044 120.00 Flagger hours for traffic control during construction activities, including setup, operation, and removal of traffic control measures to ensure safe and efficient traffic flow. Includes 2 flaggers and 1 relief flagger per code regulations for 1 week. 01 22 23 00 0300 Forklift Attachment For Skid-Steer Loaders10 $1,846.92MO Installation =x x 1,846.92 FactorUnit PriceQuantity Total 511.16 1.2044 3.00 Forklift attachment for a skid steer for the entire duration of the project 01 22 23 00 0306 Broom Attachment For Skid-Steer Loaders11 $3,835.92MO Installation =x x 3,835.92 FactorUnit PriceQuantity Total 1,061.64 1.2044 3.00 Broom attachment for a skid steer for the entire duration of the project 01 22 23 00 0312 Auger Attachment (Excludes Bits And Extensions) For Skid-Steer Loaders12 $2,337.55MO Installation =x x 2,337.55 FactorUnit PriceQuantity Total 970.42 1.2044 2.00 Auger attachment for a skid steer for the entire duration of the project 01 22 23 00 0404 36" Compaction Wheel Attachment For Hydraulic Excavators13 $8,007.43MO Installation =x x 8,007.43 FactorUnit PriceQuantity Total 3,324.24 1.2044 2.00 Compaction wheel attachment for the duration of the project, required for soil and material compaction as specified in the project requirements. 01 22 23 00 0677 5 KW, 11 HP Gas Powered Generator SetFuel consumption: 100% load – 0.75 gallons per hour 14 $2,272.74MO Installation =x x 2,272.74 FactorUnit PriceQuantity Total 629.01 1.2044 3.00 Onsite temporary generator to provide power for charging tools and supporting electrical needs throughout the duration of the project. 01 22 23 00 0824 Fuel Reimbursement For GeneratorsPurchases made by the contractor for fuel will be reimbursed to the Contractor at the actual cost of the purchase, without mark-up, for which a receipt or bill is received. The Adjustment Factor applied to Reimbursable Fees will be 1.0000. The base cost of the purchase is $1.00, quantity will adjust cost to actual purchase cost; i.e., quantity of 125 = $125.00 purchase. If there are multiple purchases, each one shall be listed separately with a comment in the "note" block to identify the purchase. 15 $2,750.00EA Installation =x x 2,750.00 FactorUnit PriceQuantity Total 1.00 1.1000 2,500.00 Fuel reimbursement for the operation of a generator on-site. 01 22 23 00 0900 4,000 PSI Pressure Washer With Full-Time Operator16 $2,086.41WK Installation =x x 2,086.41 FactorUnit PriceQuantity Total 1,732.32 1.2044 1.00 Pressure washing of all finished hardscapes, including sidewalks and asphalt, at the end of the project to remove debris, dirt, and construction residues, ensuring a clean and finished appearance. Page 2 of 16 12/19/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-WheatRidge-0014.00 Tabor Lake Trail Improvements Section - 01 01 22 23 00 1055 5,000 LB Telescopic Boom, Hi-Reach, Rough Terrain Construction Forklift With Full-Time Operator 17 $33,260.25MO Installation =x x 33,260.25 FactorUnit PriceQuantity Total 13,807.81 1.2044 2.00 Boom lift for the duration of the project to offload heavy deliveries of owner -specified equipment and assist with the installation of structures and equipment onsite 01 22 23 00 1485 2,000 Gallon Water Truck With Full-Time Driver18 $34,942.70MO Installation =x x 34,942.70 FactorUnit PriceQuantity Total 14,506.27 1.2044 2.00 Water truck throughout the duration of the project to control dust and silica during construction operations , as well as to spray all hardscaped areas prior to compaction and moisture testing, ensuring compliance with safety and project requirements. 01 22 23 00 1542 500 To 600 Gallon Water Trailer With Pump19 $583.69WK Installation =x x 583.69 FactorUnit PriceQuantity Total 484.63 1.2044 1.00 Water trailer to assist with pressure washing the site at the end of all construction activities, including the cleaning of all surfaces and removal of construction debris to ensure the site is left in a clean and presentable condition. 01 45 23 00 0005 6" Compaction Curves Soils Test, ASTM D-1557, Field Soils Test20 $26,510.29EA Installation =x x 26,510.29 FactorUnit PriceQuantity Total 550.28 1.2044 40.00 Compaction testing to perform tests on soil or base materials at specified intervals throughout the project to ensure compliance with project specifications and industry standards. 01 45 23 00 0007 Soils Classification Test, ASTM D-2487, Field Soils Test21 $3,181.21EA Installation =x x 3,181.21 FactorUnit PriceQuantity Total 660.33 1.2044 4.00 Soil proctor testing for each site. 01 45 23 00 0009 Moisture Content, Field Soils Test22 $2,385.19EA Installation =x x 2,385.19 FactorUnit PriceQuantity Total 49.51 1.2044 40.00 Moisture content testing to perform tests on soil or base materials at specified intervals throughout the project to ensure compliance with project specifications and industry standards. 01 45 23 00 0056 Prepare 6 x 12 Concrete Cylinder And Deliver To Lab23 $786.23EA Installation =x x 786.23 FactorUnit PriceQuantity Total 16.32 1.2044 40.00 Concrete cylinders taken from each truckload to determine the 28 day compressive strength and delivered to the lab for testing. 01 45 23 00 0057 6 x 12 Cylinder Concrete Compression Test, ASTM C-39 Or ASTM D163324 $3,369.43EA Installation =x x 3,369.43 FactorUnit PriceQuantity Total 69.94 1.2044 40.00 Testing of all concrete cylinders to verify that the concrete meets the required strength specifications. 01 45 23 00 0065 Concrete Slump Test, ASTM C14325 $994.17EA Installation =x x 994.17 FactorUnit PriceQuantity Total 55.03 1.2044 15.00 Concrete slump testing performed per industry standards for every 8 to 10 cubic yards or each truckload delivered, ensuring compliance with project specifications and quality control requirements. 01 45 23 00 0066 Concrete Air Content Test, ASTM C138, ASTM C173, Or ASTM C23126 $994.17EA Installation =x x 994.17 FactorUnit PriceQuantity Total 55.03 1.2044 15.00 Concrete air content testing performed per industry standards for every 8 to 10 cubic yards or each truckload delivered, ensuring compliance with project specifications and quality control requirements. Page 3 of 16 12/19/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-WheatRidge-0014.00 Tabor Lake Trail Improvements Section - 01 01 45 23 00 0081 Nuclear Field Density Testing, 4 Hour Minimum27 $4,368.79HR Installation =x x 4,368.79 FactorUnit PriceQuantity Total 226.71 1.2044 16.00 Asphalt density testing conducted at specified intervals throughout the project to ensure compliance with project specifications and industry standards for pavement compaction and quality. 01 54 23 00 0051 3/4" CD Grade Plywood, Temporary Lumber28 $913.42SF Installation =x x 913.42 FactorUnit PriceQuantity Total 2.37 1.2044 320.00 Temporary plywood to protect existing flatwork finishes during construction operations. 01 55 26 00 0020 2" Exterior Vinyl Tape (Warning Tape)29 $244.73CLF Installation =x x 244.73 FactorUnit PriceQuantity Total 11.80 1.2044 17.22 Caution and warning tape to protect pedestrians and works throughout the duration of construction activities. 01 55 26 00 0030 28" Cone With Reflective Collar30 $1,112.87MO Installation =x x 1,112.87 FactorUnit PriceQuantity Total 7.70 1.2044 120.00 Site safety cones for excavations, holes, and tripping hazards. 01 55 26 00 0033 36" Traffic Cone With Reflective Collar31 $695.90MO Installation =x x 695.90 FactorUnit PriceQuantity Total 9.63 1.2044 60.00 Traffic cones to support a one-lane road closure over a three-month duration." 01 55 26 00 0036 Tubular Marker Delineator Guide Post With Base/Channelizing Guide Post32 $3,934.77MO Installation =x x 3,934.77 FactorUnit PriceQuantity Total 18.15 1.2044 180.00 Traffic delineators on each project site to guide and control traffic flow around construction zones , ensuring safety and visibility throughout the project duration 01 55 26 00 0057 Type III Barricade, >5' To 10' Wide With Three Reflective Rails33 $552.31MO Installation =x x 552.31 FactorUnit PriceQuantity Total 76.43 1.2044 6.00 Provision of two Type-III barricades for pedestrian traffic control on the existing trail during construction activities, for a duration of three months. 01 55 26 00 0102 Mesh Or Vinyl Roll-up Sign With Stand34 $1,074.85MO Installation =x x 1,074.85 FactorUnit PriceQuantity Total 74.37 1.2044 12.00 Provision and placement of OSHA and JOC safety signage throughout the project site for the duration of construction activities. 01 55 26 00 0120 48" x 30" Aluminum Construction Sign, With Portable Stand35 $1,299.67MO Installation =x x 1,299.67 FactorUnit PriceQuantity Total 59.95 1.2044 18.00 "Installation of 'Road Work Ahead,' 'One Lane Road Ahead,' and 'Flagger' signs to facilitate a one-lane road closure for a duration of three months." 01 55 26 00 0120 48" x 30" Aluminum Construction Sign, With Portable Stand36 $2,599.34MO Installation =x x 2,599.34 FactorUnit PriceQuantity Total 59.95 1.2044 36.00 "Installation of "Trail Closed" and "Road Work Ahead" signs to facilitate a trail closure for a duration of three months." 01 55 26 00 0146 Placement And Removal Of Up To 250 Cones Using Truck37 $401.07EA Installation =x x 401.07 FactorUnit PriceQuantity Total 1.85 1.2044 180.00 Delivery, mobilization, setup and removal of all cones for traffic control. Page 4 of 16 12/19/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-WheatRidge-0014.00 Tabor Lake Trail Improvements Section - 01 01 56 26 00 0005 Temporary 6' High Chain Link Fence And Posts, Up To 6 Months38 $5,925.65LF Installation =x x 5,925.65 FactorUnit PriceQuantity Total 4.92 1.2044 1,000.00 Temporary site fencing at each location specified in the construction documents. 01 56 26 00 0005 0069 For >500, Deduct39 -$614.24MOD Installation =x x -614.24 FactorUnit PriceQuantity Total -0.51 1.2044 1,000.00 01 56 26 00 0005 0071 For Each LF Shade Cloth, Add40 $3,071.22MOD Installation =x x 3,071.22 FactorUnit PriceQuantity Total 2.55 1.2044 1,000.00 01 56 26 00 0035 12' Wide, 6' High, Temporary Chain Link Fence Gate, Up To 6 Months41 $1,536.33EA Installation =x x 1,536.33 FactorUnit PriceQuantity Total 425.20 1.2044 3.00 Gates for each site to receive temporary construction fencing. 01 56 26 00 0035 0082 For Each LF Shade Cloth, Add42 $246.53MOD Installation =x x 246.53 FactorUnit PriceQuantity Total 68.23 1.2044 3.00 01 56 26 00 0158 Temporary Chain Link Fence Panels (Portable) SandbagIncludes placement and removal. 43 $605.21BAG Installation =x x 605.21 FactorUnit PriceQuantity Total 3.35 1.2044 150.00 Sandbags for all temporary site fencing to provide stability, prevent wind damage, and ensure safety by protecting both pedestrians and workers from potential hazards. 01 71 23 16 0004 Conventional Topographic Survey Of Clear Area With Few Structures, And/or Wooded (5-25% Buildings) 44 $13,326.99ACR Installation =x x 13,326.99 FactorUnit PriceQuantity Total 2,213.05 1.2044 5.00 Site survey services for the Tabor Lake project, including the collection of necessary data for design, and construction planning, based on project requirements and site conditions. 01 71 36 00 0005 >4 To 8 Hours On Site, Electromagnetic (SIR/GPR) Survey, Earth, Concrete, Masonry Or Asphalt 45 $8,095.01EA Installation =x x 8,095.01 FactorUnit PriceQuantity Total 3,360.60 1.2044 2.00 Provision of private locate services near residential properties and in areas where public locates do not provide sufficient information for accurate utility identification. 01 74 13 00 0003 Collect Existing Debris And Load Into Truck Or DumpsterPer CY of debris removed. 46 $4,105.68CY Installation =x x 4,105.68 FactorUnit PriceQuantity Total 10.33 1.2044 330.00 Loading of excess and unsatisfactory soils into dump truck for haul-off. 01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 47 $1,698.13EA Installation =x x 1,698.13 FactorUnit PriceQuantity Total 704.97 1.2044 2.00 Dumpsters for construction debris throughout duration of project. 01 74 19 00 0018 Rampless Concrete Washout BinIncludes delivery.48 $7,208.73MO Installation =x x 7,208.73 FactorUnit PriceQuantity Total 460.41 1.2044 13.00 Provision of seven Eco-Pans for concrete washout, based on the total concrete yardage for the duration of the project. Page 5 of 16 12/19/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-WheatRidge-0014.00 Tabor Lake Trail Improvements Section - 01 01 74 19 00 0021 Vacuum, Pickup, Swap And Dump, Concrete Washout BinIncludes vacuum the liquid from the full bin and pick up the bin, and recycle all material. An empty bin will be left at the site if the project is not completed. 49 $20,937.43EA Installation =x x 20,937.43 FactorUnit PriceQuantity Total 1,337.24 1.2044 13.00 Vacuum, pickup, swap, and dump services for Eco-Pans used as concrete washout bins throughout the duration of the project. 01 74 19 00 0028 Drop-Off Dirt At Recycling Center50 $9,936.30CY Installation =x x 9,936.30 FactorUnit PriceQuantity Total 25.00 1.2044 330.00 Recycling of unsatisfactory materials per project and City specifications. 01 74 19 00 0035 Asphalt, Concrete, Gravel And Subgrade Material, Landfill Dump Fee51 $1,550.06CY Installation =x x 1,550.06 FactorUnit PriceQuantity Total 23.40 1.2044 55.00 Dump fees for paving and hardscape debris. $274,971.45Subtotal for Section - 01 Section - 02 02 32 19 00 0007 Hydro Excavation, Minimum ChargeFor projects where the total charge is less than the "Hydro Excavation Minimum" cost, use this task exclusively. This task should not be used in conjunction with any other tasks in this section. 52 $1,879.95EA Installation =x x 1,879.95 FactorUnit PriceQuantity Total 520.30 1.2044 3.00 Hydrovac for utility detection and daylighting. 02 41 13 13 0021 >6" To 9" By Machine, Break-up And Remove Bituminous Paving53 $9,830.87SY Installation =x x 9,830.87 FactorUnit PriceQuantity Total 19.86 1.2044 411.00 Complete demolition of existing hardscapes and paving to facilitate regrading and preparation for new site work, in accordance with the project construction documents. 02 41 16 13 0020 Sorting Of Material Debris For Recycling Prior To Hauling Off54 $152.62CCF Installation =x x 152.62 FactorUnit PriceQuantity Total 3.84 1.2044 33.00 Sorting of debris and materials prior to haul off. 02 41 16 13 0061 Concrete Footing For Fence, Gate Or Playground Equipment Post, Etc. DemolitionIncludes excavation. 55 $6,070.18CF Installation =x x 6,070.18 FactorUnit PriceQuantity Total 8.40 1.2044 600.00 Demolition of existing fence foundations. 02 41 16 13 0061 0075 For >405 To 810, Deduct56 -$1,062.28MOD Installation =x x -1,062.28 FactorUnit PriceQuantity Total -1.47 1.2044 600.00 02 41 19 13 0010 Concrete And Asphalt Up To 4" Depth, Saw Cut In Streets57 $3,020.64LF Installation =x x 3,020.64 FactorUnit PriceQuantity Total 2.09 1.2044 1,200.00 Sawcutting of asphalt and concrete for demolition purposes, as required to prepare the site for further construction activities. 02 41 19 13 0010 0030 For Each Additional Pass (Depth To 3"), Add58 $1,026.15MOD Installation =x x 1,026.15 FactorUnit PriceQuantity Total 0.71 1.2044 1,200.00 Page 6 of 16 12/19/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-WheatRidge-0014.00 Tabor Lake Trail Improvements Section - 02 02 41 19 13 0010 0031 For >250, Deduct59 -$245.70MOD Installation =x x -245.70 FactorUnit PriceQuantity Total -0.17 1.2044 1,200.00 02 41 19 13 0018 >1/2" To 1" Thick, Torch Cut Steel Plate60 $176.81LF Installation =x x 176.81 FactorUnit PriceQuantity Total 3.67 1.2044 40.00 Torch cutting of specified openings in bird blind. 02 41 19 13 0226 5/8" Diameter Drilling In Concrete Per Inch Of Depth61 $385.02IN Installation =x x 385.02 FactorUnit PriceQuantity Total 1.11 1.2044 288.00 Drilling of anchor bolts for site amenities. 02 58 13 00 0002 Steel Fence Post, 10' On Center With 4' Wood Snow/Sand Fence62 $2,938.74LF Installation =x x 2,938.74 FactorUnit PriceQuantity Total 4.88 1.2044 500.00 Installation of tree protection fencing to safeguard existing trees from damage during construction activities, ensuring compliance with environmental and project specifications. $24,172.99Subtotal for Section - 02 Section - 03 03 11 13 00 0009 Up To 6" High Slab Edge and Block-Out Wood Formwork63 $7,869.55LF Installation =x x 7,869.55 FactorUnit PriceQuantity Total 3.63 1.2044 1,800.00 Concrete formwork for the installation of forms for slabs, walls, or other concrete structures. 03 11 13 00 0009 0003 For Curved Formwork, Add64 $2,709.90MOD Installation =x x 2,709.90 FactorUnit PriceQuantity Total 1.25 1.2044 1,800.00 03 21 11 00 0012 #5, Grade 60, Beams And Girders, Steel Reinforcement Bar65 $409.50LF Installation =x x 409.50 FactorUnit PriceQuantity Total 1.36 1.2044 250.00 Rebar for shade structure caisson cages. 03 21 11 00 0012 0175 For >200 To 500, Add66 $66.24MOD Installation =x x 66.24 FactorUnit PriceQuantity Total 0.22 1.2044 250.00 03 31 13 00 0005 6" 3,000 PSI Slab On Grade Concrete Slab Assembly67 $23,455.69SF Installation =x x 23,455.69 FactorUnit PriceQuantity Total 7.79 1.2044 2,500.00 Concrete for all slab on grade assemblies not including sidewalks. 03 31 13 00 0005 0149 For 4,000 PSI Concrete, Add68 $1,083.96MOD Installation =x x 1,083.96 FactorUnit PriceQuantity Total 0.36 1.2044 2,500.00 03 31 13 00 0005 0157 For >2,000 To 5,000, Add69 $1,505.50MOD Installation =x x 1,505.50 FactorUnit PriceQuantity Total 0.50 1.2044 2,500.00 03 31 13 00 0037 Up To 6", By Concrete Pump, Place 3,000 PSI Concrete Slab On GradeExcludes pumping equipment. 70 $11,239.58CY Installation =x x 11,239.58 FactorUnit PriceQuantity Total 207.38 1.2044 45.00 Placement of concrete using a pump, excluding the cost of the concrete itself, including all equipment and materials required for proper pumping, handling, and placement to ensure a smooth and level finish in accordance with project specifications. Page 7 of 16 12/19/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-WheatRidge-0014.00 Tabor Lake Trail Improvements Section - 03 03 31 13 00 0037 0031 For 4,000 PSI Concrete, Add71 $888.85MOD Installation =x x 888.85 FactorUnit PriceQuantity Total 16.40 1.2044 45.00 03 31 13 00 0037 0041 For >20 To 50, Add72 $136.04MOD Installation =x x 136.04 FactorUnit PriceQuantity Total 2.51 1.2044 45.00 03 31 13 00 0078 Concrete Pump, Place 3,000 PSI Concrete CopingExcludes pumping equipment. 73 $2,056.81CY Installation =x x 2,056.81 FactorUnit PriceQuantity Total 341.55 1.2044 5.00 Furnish and place concrete for the edgers at the raingardens adjacent to the shade structure and below the Omega welded wire fencing to meet project specifications and ensure proper alignment and finish. 03 31 13 00 0078 0031 For 4,000 PSI Concrete, Add74 $98.76MOD Installation =x x 98.76 FactorUnit PriceQuantity Total 16.40 1.2044 5.00 03 31 13 00 0078 0045 For Up To 20, Add75 $363.49MOD Installation =x x 363.49 FactorUnit PriceQuantity Total 60.36 1.2044 5.00 03 35 13 00 0004 Broom, Concrete Floor Finish76 $4,046.78SF Installation =x x 4,046.78 FactorUnit PriceQuantity Total 0.84 1.2044 4,000.00 Broom finishing of all horizontal concrete surfaces to provide grip and a consistent finish required to achieve the specified texture in accordance with industry standards and project specifications. 03 35 13 00 0005 Final Float, Concrete Floor Finish77 $4,769.42SF Installation =x x 4,769.42 FactorUnit PriceQuantity Total 0.99 1.2044 4,000.00 Final floating of all slabs, sidewalks, and flatwork prior to broom finishing and application of curing compound to ensure a smooth, even surface and prepare the concrete for final finish in accordance with project specifications and industry standards." 03 39 13 00 0002 Water Based Curing, Sealing, Hardening And Dustproofing CompoundCoverage rates: rough finish = 300 SF/GAL, broom finish = 300 to 400 SF/GAL, steel troweled = 500 to 600 SF/GAL, and vertical surface = 400 - 500 SF/GAL. 78 $1,204.40SF Installation =x x 1,204.40 FactorUnit PriceQuantity Total 0.25 1.2044 4,000.00 Application of concrete curing compound to all newly placed concrete surfaces. $61,904.48Subtotal for Section - 03 Section - 05 05 05 19 00 0049 1/2" Diameter x 3-3/4" Length, 304/18-8 Stainless Steel, Wedge Anchor Expansion Bolt 79 $1,183.97EA Installation =x x 1,183.97 FactorUnit PriceQuantity Total 20.48 1.2044 48.00 Expansion bolts to secure all surface mounted site amenities. 05 05 19 00 0049 0199 For >10 To 50, Deduct80 -$30.64MOD Installation =x x -30.64 FactorUnit PriceQuantity Total -0.53 1.2044 48.00 05 12 23 00 0050 Column Base Plates, Up To 150 LB / Each, A36 Miscellaneous Steel Items81 $1,898.13LB Installation =x x 1,898.13 FactorUnit PriceQuantity Total 3.94 1.2044 400.00 Base plates for shade structure. Page 8 of 16 12/19/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-WheatRidge-0014.00 Tabor Lake Trail Improvements Section - 05 05 12 23 00 0079 4" x 4" Weight Range 10-22 LB/LF Structural Tubing - Square82 $9,909.39TON Installation =x x 9,909.39 FactorUnit PriceQuantity Total 8,227.66 1.2044 1.00 Tube steel for bird blind structural framing. 05 12 23 00 0080 5" x 5" Weight Range 12-30 LB/LF Structural Tubing - Square83 $60,101.39TON Installation =x x 60,101.39 FactorUnit PriceQuantity Total 8,316.92 1.2044 6.00 Supply and installation of all structural steel tube steel required for the complete assembly of the shade structure. 05 12 23 00 0080 0001 For ASTM A242 Type 2 High Strength Steel, Add84 $3,662.76MOD Installation =x x 3,662.76 FactorUnit PriceQuantity Total 608.23 1.2044 5.00 05 12 23 00 0787 1/2" Thick Flat Steel Plate85 $26,261.94SF Installation =x x 26,261.94 FactorUnit PriceQuantity Total 31.15 1.2044 700.00 1/2" raw steel plates for bird blind fabrication. $102,986.94Subtotal for Section - 05 Section - 07 07 41 13 00 0036 Structural 24 Gauge Galvanized Steel Standing Seam Concealed Fastener Roofing 86 $16,440.30SF Installation =x x 16,440.30 FactorUnit PriceQuantity Total 10.42 1.2044 1,310.00 Standing seam roofing panels and fasteners for shade shelter. 07 41 13 00 0036 0010 For Up To 1,500, Add87 $4,117.96MOD Installation =x x 4,117.96 FactorUnit PriceQuantity Total 2.61 1.2044 1,310.00 07 92 13 00 0009 1/2" x 1/2" Joint, Silicone Sealant And Caulking88 $482.39CLF Installation =x x 482.39 FactorUnit PriceQuantity Total 400.52 1.2044 1.00 Weather proof silicone joint sealant at solar lights. 07 92 13 00 0009 0107 For Up To 1.4 CLF, Add89 $30.84MOD Installation =x x 30.84 FactorUnit PriceQuantity Total 25.61 1.2044 1.00 $21,071.49Subtotal for Section - 07 Section - 08 08 62 23 00 0049 16' Shaft Length, 55-5/8" x 55-5/8" Inside Frame Dimensions, Acrylic/Acrylic Double Glazed Prismatic Lens, Industrial Style Fixed Dome, Aluminum Framed Solar Tube Skylight 90 $19,641.74EA Installation =x x 19,641.74 FactorUnit PriceQuantity Total 4,077.08 1.2044 4.00 This line item includes the cost of two round LED solar lights. The quantity was adjusted to four due to the absence of a dedicated line item in the construction catalog for these specific lights. The pricing reflects the actual cost of the lights installed at the shade structure and bird blind. $19,641.74Subtotal for Section - 08 Section - 10 Page 9 of 16 12/19/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-WheatRidge-0014.00 Tabor Lake Trail Improvements Section - 10 10 14 29 00 0021 2" Square Galvanized Steel Post91 $1,223.67LF Installation =x x 1,223.67 FactorUnit PriceQuantity Total 20.32 1.2044 50.00 Posts for all new traffic signage. 10 14 53 11 0024 9" x 12" Aluminum Engineer Grade Traffic Sign92 $30.70EA Installation =x x 30.70 FactorUnit PriceQuantity Total 25.49 1.2044 1.00 ADA Van accessible sign. 10 14 53 11 0026 9" x 18" Aluminum Engineer Grade Traffic Sign93 $37.61EA Installation =x x 37.61 FactorUnit PriceQuantity Total 31.23 1.2044 1.00 ADA reserved parking sign. 10 14 53 11 0030 12" x 18" Aluminum Engineer Grade Traffic Sign94 $136.72EA Installation =x x 136.72 FactorUnit PriceQuantity Total 37.84 1.2044 3.00 New no parking signs. 10 14 53 11 0034 18" x 18" Aluminum Engineer Grade Traffic Sign95 $118.80EA Installation =x x 118.80 FactorUnit PriceQuantity Total 49.32 1.2044 2.00 Supply and install OM4-3 and OM-1 signage as specified. $1,547.51Subtotal for Section - 10 Section - 31 31 05 16 00 0008 #57 Stone Aggregate Fill (3/8" To 1")96 $7,825.83CY Installation =x x 7,825.83 FactorUnit PriceQuantity Total 59.07 1.2044 110.00 Fill material for bottom of fence foundations. 31 05 16 00 0008 0057 For >96, Deduct97 -$1,257.27MOD Installation =x x -1,257.27 FactorUnit PriceQuantity Total -9.49 1.2044 110.00 31 11 00 00 0004 Clear And Grub Medium Trees Up To 10" Diameter, Cut And ChipIncludes grub and removal of stump 98 $33,497.07ACR Installation =x x 33,497.07 FactorUnit PriceQuantity Total 5,562.45 1.2044 5.00 Clear and grub all areas to receive new trails and hardscapes. 31 13 13 00 0003 >6" To 12" D.B.H. (Diameter At Breast Height) Tree RemovalIncludes cutting up tree, chipping and loading. 99 $5,024.56EA Installation =x x 5,024.56 FactorUnit PriceQuantity Total 521.48 1.2044 8.00 Tree removal services, including the safe and proper removal of trees as specified in the project scope, ensuring compliance with environmental regulations and site requirements. 31 13 13 00 0004 >12" To 24" D.B.H. (Diameter At Breast Height) Tree RemovalIncludes cutting up tree, chipping and loading. 100 $7,536.77EA Installation =x x 7,536.77 FactorUnit PriceQuantity Total 695.30 1.2044 9.00 Tree removal services, including the safe and proper removal of trees as specified in the project scope, ensuring compliance with environmental regulations and site requirements. Page 10 of 16 12/19/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-WheatRidge-0014.00 Tabor Lake Trail Improvements Section - 31 31 13 13 00 0010 >6" To 12" Diameter Stump RemovalIncludes excavation necessary to remove stump and loading. 101 $1,522.75EA Installation =x x 1,522.75 FactorUnit PriceQuantity Total 158.04 1.2044 8.00 Removal of tree stump following tree felling. 31 13 13 00 0011 >12" To 24" Diameter Stump RemovalIncludes excavation necessary to remove stump and loading. 102 $2,234.48EA Installation =x x 2,234.48 FactorUnit PriceQuantity Total 206.14 1.2044 9.00 Removal of tree stump following tree felling. 31 23 16 33 0003 Bulk Excavation by Hydraulic Excavator, Front End Loader, Backhoe in Soil103 $11,274.39CY Installation =x x 11,274.39 FactorUnit PriceQuantity Total 4.07 1.2044 2,300.00 Over excavation for all hardscapes per project specifications. 31 23 16 33 0003 0005 For Excavation In Heavy/Wet Material (Class C), Add104 $4,515.30MOD Installation =x x 4,515.30 FactorUnit PriceQuantity Total 1.63 1.2044 2,300.00 31 23 16 33 0003 0006 For >1,000, Deduct105 -$1,689.77MOD Installation =x x -1,689.77 FactorUnit PriceQuantity Total -0.61 1.2044 2,300.00 31 23 16 33 0011 Relocating On Site Excavated Material From Bulk Excavation >100' to 300'106 $1,695.80CY Installation =x x 1,695.80 FactorUnit PriceQuantity Total 3.52 1.2044 400.00 Movement of extra material around site for infill of lows and ruts to achieve desired elevations per plans. 31 23 16 33 0018 Compaction of Fill or Subbase for Bulk Excavation by MachinePer Lift107 $1,517.54SY Installation =x x 1,517.54 FactorUnit PriceQuantity Total 0.42 1.2044 3,000.00 Compaction of all final grades prior to placement of hardscapes. 31 23 19 00 0016 Operation Costs108 $31,544.68HR Installation =x x 31,544.68 FactorUnit PriceQuantity Total 77.95 1.2044 336.00 Dewatering for new foundations installed near waters edge and within the water table. 31 23 23 23 0002 Compaction Water, Water Truck And OperatorUse this task in situations where earth fill, base material, etc. requires additional moisture to comply with the compaction specification. Includes delivery up to 15 miles. (Per each 1,000 gallons of water) 109 $3,437.65MGL Installation =x x 3,437.65 FactorUnit PriceQuantity Total 178.39 1.2044 16.00 Cost of water per thousand gallons to achieve the proper moisture content for soil compaction in accordance with project specifications and industry standards, based on the estimated water needs for the earthwork operations. 31 24 13 00 0005 Cut, Shape, and Rough Grading for Roadways, Parking Areas, Landscaping and Embankments by Machine in Loose RockIncludes compacted aggregate 110 $1,844.66CY Installation =x x 1,844.66 FactorUnit PriceQuantity Total 5.47 1.2044 280.00 Rough grading of new asphalt and parking areas. 31 24 13 00 0008 Shape Embankment/Slope By Hand Greater Than 1 On 4 Slope111 $2,318.47SY Installation =x x 2,318.47 FactorUnit PriceQuantity Total 3.50 1.2044 550.00 Hand grading of all areas adjacent to lake on embankments and slopes. Page 11 of 16 12/19/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-WheatRidge-0014.00 Tabor Lake Trail Improvements Section - 31 31 24 13 00 0018 Finish Grade Roadway, Parking Areas, Landscaping And Embankments By Machine 112 $627.25SY Installation =x x 627.25 FactorUnit PriceQuantity Total 0.62 1.2044 840.00 Final grading of new asphalt and parking areas for paving. 31 24 13 00 0020 Finish Grade For Curb And Gutter113 $46.61LF Installation =x x 46.61 FactorUnit PriceQuantity Total 0.86 1.2044 45.00 Finish grading for curb and gutter. 31 25 14 26 0028 Wattles (Sterile Straw Filled Rolls), 8" x 25'114 $10,039.69EA Installation =x x 10,039.69 FactorUnit PriceQuantity Total 78.64 1.2044 106.00 Installation of sediment control logs to manage erosion and control sediment runoff during construction activities. 31 25 14 26 0035 2' x 4' x 3' Inlet Protection Sediment Bag115 $594.59EA Installation =x x 594.59 FactorUnit PriceQuantity Total 82.28 1.2044 6.00 Installation and removal of inlet protection socks to prevent sediment and debris from entering stormwater inlets during construction activities. 31 25 14 26 0037 Clean Sediment Logs/Wattles116 $4,469.60EA Installation =x x 4,469.60 FactorUnit PriceQuantity Total 35.01 1.2044 106.00 Maintenance of sediment control logs during the project to ensure continued effectiveness in managing erosion and sediment runoff. 31 32 13 29 0001 Polyacrylamide And Calcium Solution117 $3,119.40GAL Installation =x x 3,119.40 FactorUnit PriceQuantity Total 2.59 1.2044 1,000.00 Application of a liquid tackifier to all new crusher fines trails to stabilize the surface, reduce erosion, and improve compaction for uniform application per manufacturer specifications. 31 37 13 00 0015 3/8 To 1/4 CY Pieces Random, Dumped From Truck, Machine Spread And Placed Slope Protection (Keyed) Rip Rap 118 $2,273.96TON Installation =x x 2,273.96 FactorUnit PriceQuantity Total 85.82 1.2044 22.00 Seat and site boulders for landscaping, erosion control, or decorative purposes. Includes rip-rap for vehicle tracking pad at project entrance. 31 64 13 00 0003 18" Diameter Caisson, No Casing Stable Ground, No Ground Water0.066 CY Concrete per VLF, 9 lbs rebar per VLF. 119 $12,616.09VLF Installation =x x 12,616.09 FactorUnit PriceQuantity Total 41.90 1.2044 250.00 Foundations for new Omega 2 fencing system and Wood Estate fencing system. 31 64 13 00 0071 Erect, Set Up, Dismantle And Removal Of Caisson 18" To 36" Diameter, Complete 120 $12,058.02EA Installation =x x 12,058.02 FactorUnit PriceQuantity Total 2,502.91 1.2044 4.00 Installation of caisson foundations for the shade structure, including drilling, excavation, and preparation to the specified depth and diameter as per project documents. This line item excludes the cost of concrete and reinforcement materials. $158,688.12Subtotal for Section - 31 Section - 32 Page 12 of 16 12/19/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-WheatRidge-0014.00 Tabor Lake Trail Improvements Section - 32 32 11 16 16 0007 6" Crushed Aggregate Base Course For Roadways And Parking Areas121 $2,207.67SY Installation =x x 2,207.67 FactorUnit PriceQuantity Total 12.22 1.2044 150.00 Import of aggregate for new ADA ramp, and asphalt areas. 32 11 16 16 0007 0008 For Up To 500, Add122 $552.82MOD Installation =x x 552.82 FactorUnit PriceQuantity Total 3.06 1.2044 150.00 32 11 23 16 0006 6" Crushed Aggregate Base Course For Sidewalks123 $8,768.03SF Installation =x x 8,768.03 FactorUnit PriceQuantity Total 1.82 1.2044 4,000.00 Import of aggregates as necessary for 20% of the total crusher fines trail and gravel shoulder area to replace undesirable materials and ensure proper base preparation in accordance with project specifications. 32 11 23 16 0006 0013 For >1,000 To 2,500, Add124 $867.17MOD Installation =x x 867.17 FactorUnit PriceQuantity Total 0.18 1.2044 4,000.00 32 11 26 19 0002 Bituminous Stabilized Base Course3/4" ASTM C33.125 $5,042.22CY Installation =x x 5,042.22 FactorUnit PriceQuantity Total 83.73 1.2044 50.00 Bituminous Stabilized Base Course to meet project specifications and provide a stable foundation for the subsequent paving layers. 32 12 16 13 0013 Bituminous Hot Mix Surface Wearing Course 3,774 LB/CYIncludes placement, rolling, finishing and sweeping. Used for applications not described elsewhere in this section. 126 $5,467.49TON Installation =x x 5,467.49 FactorUnit PriceQuantity Total 113.49 1.2044 40.00 Bituminous Hot Mix Surface Wearing Course to achieve a smooth, durable, and skid-resistant "superpave" surface in accordance with project and CDOT specifications. 32 12 16 13 0013 0455 For >25 To 50, Add127 $420.09MOD Installation =x x 420.09 FactorUnit PriceQuantity Total 8.72 1.2044 40.00 32 12 16 13 0020 Hand Placed Hot Mixed Asphalt 3,954 LB/CYFor small areas not reachable by machine. Includes placement, rolling, finishing and sweeping. 128 $1,218.23TON Installation =x x 1,218.23 FactorUnit PriceQuantity Total 252.87 1.2044 4.00 Manual placement and adjustments of hot asphalt at the abutment with new concrete gutters. 32 15 40 00 0002 Gravel Surfacing And Spreading129 $43,437.42CY Installation =x x 43,437.42 FactorUnit PriceQuantity Total 82.53 1.2044 437.00 Crushed granite for the 12-inch base course of the new boat ramp, graded and compacted to ensure proper stability in accordance with project specifications. Crusher fines for trail construction, providing a stable and durable surface per project specifications (excludes site preparation and fabric). Installation of a 2-foot-wide gravel shoulder along the lake side of the new crusher fines trail, using specified aggregate material for enhanced stability and proper drainage. Placement of construction plan-specified road base at the south end of the new asphalt on Van Gordon Street , creating a transition ramp for a smooth and stable connection. 32 16 13 13 0006 6" x 24" Cast In Place Concrete Gutter With 6" Curb And Face - Straight130 $6,384.52LF Installation =x x 6,384.52 FactorUnit PriceQuantity Total 27.90 1.2044 190.00 Pouring of curb and gutter. Page 13 of 16 12/19/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-WheatRidge-0014.00 Tabor Lake Trail Improvements Section - 32 32 16 13 13 0007 6" x 24" Cast In Place Concrete Gutter With 6" Curb And Face - Radius131 $148.96LF Installation =x x 148.96 FactorUnit PriceQuantity Total 30.92 1.2044 4.00 Pouring of curb and gutter. 32 16 23 00 0004 6" Cast In Place Concrete Sidewalk132 $16,912.18SF Installation =x x 16,912.18 FactorUnit PriceQuantity Total 8.26 1.2044 1,700.00 Pouring of sidewalks. 32 17 23 13 0038 Double 4" Wide Solid Lines, Painted Reflective Pavement Striping133 $43.36LF Installation =x x 43.36 FactorUnit PriceQuantity Total 0.36 1.2044 100.00 Pavement striping at new ADA ramp. 32 17 23 13 0084 Handicap Symbol For Van Parking Stalls, Painted Pavement Marking For Parking AreasApproximate overall dimensions: 4-1/3' width x 5' height. White or blue symbol. Excludes striping. 134 $50.93EA Installation =x x 50.93 FactorUnit PriceQuantity Total 42.29 1.2044 1.00 Placement of a handicapped symbol on the pavement in accordance with City of Wheat Ridge specifications. 32 17 23 13 0084 0392 For Blue Background With White Symbol And Border, Add135 $90.99MOD Installation =x x 90.99 FactorUnit PriceQuantity Total 75.55 1.2044 1.00 32 17 26 00 0003 Embedded, VPC Truncated Dome Detectable Warning SurfaceAlso raised strips or directional bars. All colors. 136 $1,968.18SF Installation =x x 1,968.18 FactorUnit PriceQuantity Total 49.52 1.2044 33.00 Installation of truncated domes in the new ADA ramp in accordance with the project documents and City of Wheat Ridge specifications and to ensure compliance with accessibility requirements. 32 31 13 13 0152 12' Galvanized Chain Link Fence, 9 Gauge Coiled Spring Mesh, Top And Bottom Rails, 2-1/2" Line Post At 10' On Center, 3" Corner Post 137 $42,977.81LF Installation =x x 38,360.14 FactorUnit PriceQuantity Total 63.70 1.2044 500.00 Demolition x x = 4,617.67 6.39 1.2044 600.00 Demolition of existing chain-link fence per plan sheet C0.3 and installation of new chain link fencing. 32 31 13 13 0650 Gate Keeper, Full Length, Stainless Steel, Internal Locking Device With 3/4" Stainless Steel Rod For >8' To 12' High Gate 138 $3,023.36EA Installation =x x 3,023.36 FactorUnit PriceQuantity Total 1,255.13 1.2044 2.00 All Gate hardware for Omega 2 fencing system. 32 31 19 00 0008 8' High Wrought Iron Fence, Verticals At >3" To 4" On Center With 3" Square Posts, Set 8' On Center 139 $32,302.01LF Installation =x x 32,302.01 FactorUnit PriceQuantity Total 107.28 1.2044 250.00 This line item covers the furnishing and installation of Omega 2 welded wire fencing, as the task catalog does not include this specific type of fencing. The cost is based on a similar fencing type for pricing consistency. 32 31 19 00 0025 8' Double Wrought Iron Gate, Hardware And Associated Trim140 $409.88LF Installation =x x 409.88 FactorUnit PriceQuantity Total 170.16 1.2044 2.00 Furnish and install two 8' double swing Omega 2 gates in accordance with the project documents and specifications. 32 31 29 00 0029 Post And Rail Fence, 3 Rails, 4' High #1 Cedar141 $12,465.54LF Installation =x x 12,465.54 FactorUnit PriceQuantity Total 23.00 1.2044 450.00 Furnish and install on new wood estate fencing per detail 3 on plan sheet L2.2. Page 14 of 16 12/19/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-WheatRidge-0014.00 Tabor Lake Trail Improvements Section - 32 32 33 23 00 0044 20" Diameter x 40" High Litter Receptacle, Freestanding Embedded142 $8,884.81EA Installation =x x 8,869.01 FactorUnit PriceQuantity Total 1,840.96 1.2044 4.00 Demolition x x = 15.80 13.12 1.2044 1.00 Demolition of one existing trash receptacle and the furnishing and installation of four new "BearSaver" trash receptacles. 32 33 43 13 0065 72" Backless Horizontal Strap Bench (Landscapeforms Scarborough)143 $2,023.63EA Installation =x x 2,023.63 FactorUnit PriceQuantity Total 1,680.20 1.2044 1.00 Backless bench for inside of the bird blind. Model 2802-6 Renaissance (Timberform). 32 33 43 13 0072 72" Backed Horizontal Strap Bench (Landscapeforms Scarborough)144 $6,597.74EA Installation =x x 6,597.74 FactorUnit PriceQuantity Total 1,826.01 1.2044 3.00 Backed benches for use across the entire site . Model 2806-6 Renaissance (Timberform). 32 33 43 53 0016 32" x 72" Picnic Table (Landscapeforms Petoskey)145 $7,232.88EA Installation =x x 7,232.88 FactorUnit PriceQuantity Total 3,002.69 1.2044 2.00 Two picnic tables by RJ Thomas: one ADA-compliant table and one standard table, each 6 feet in length. 32 39 13 00 0003 4" Steel Pipe Bollard, Schedule 40, Painted Or Powder Coated146 $1,139.72LF Installation =x x 1,139.72 FactorUnit PriceQuantity Total 94.63 1.2044 10.00 Two steel bollards at each end of the new boat ramp. 32 39 13 00 0003 0317 For Each Sleeve For Removable, Lockable Bollard (Includes Tamper Proof Screw), Add 147 $747.69MOD Installation =x x 747.69 FactorUnit PriceQuantity Total 62.08 1.2044 10.00 32 39 29 00 0007 24" x 24" x 20" Granite Bollard, Octagonal Cross SectionSmooth matt finish, flat top, surface mounted with anchors embedded into grout pockets. 148 $2,841.31EA Installation =x x 2,841.31 FactorUnit PriceQuantity Total 1,572.74 1.2044 1.50 Granite Bike hitching post. Actual dimensions 72" x 18". 32 91 13 16 0011 Shredded Cedar Mulch149 $10,122.38CY Installation =x x 10,122.38 FactorUnit PriceQuantity Total 112.06 1.2044 75.00 Supply and placement of mulch under trees within designated tree protection areas, in accordance with the City of Wheat Ridge standards and project requirements. 32 91 13 16 0011 0366 For >50, Deduct150 -$1,511.22MOD Installation =x x -1,511.22 FactorUnit PriceQuantity Total -16.73 1.2044 75.00 32 91 13 26 0019 4 Oz/SY Woven, Polypropylene Weed Barrier151 $6,720.55SY Installation =x x 6,720.55 FactorUnit PriceQuantity Total 2.79 1.2044 2,000.00 Mirafi 140N geotextile fabric under all new crusher fines trails for separation, stabilization, and drainage purposes as per project specifications. 32 92 19 13 0021 Utility Mix, Hydro Or Air Seeding7 LB/MSF spread rate. Mixture of perennial/annual rye, creeping red fescue and bluegrass. 152 $4,178.30MSF Installation =x x 4,178.30 FactorUnit PriceQuantity Total 86.73 1.2044 40.00 native seed mix to all disturbed areas upon completion of construction operations to promote soil stabilization and comply with Colorado stormwater regulations to achieve a minimum of 70% revegetation as required by state guidelines. Seed mix and application rates to be per project specifications. Page 15 of 16 12/19/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-WheatRidge-0014.00 Tabor Lake Trail Improvements Section - 32 32 92 19 13 0021 0563 For Tackifier, Add153 $68.89MOD Installation =x x 68.89 FactorUnit PriceQuantity Total 1.43 1.2044 40.00 $233,805.54Subtotal for Section - 32 Section - 46 46 82 83 00 2714 Welder QualificationsSupplied By Welder154 $121.30EA Installation =x x 121.30 FactorUnit PriceQuantity Total 100.71 1.2044 1.00 Welding certificates for all fabricators. $121.30Subtotal for Section - 46 Proposal Total This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. $898,911.56 The Percentage of NPP on this Proposal:% Page 16 of 16 12/19/2024 Contractor's Price Proposal - Detail Subcontractor Listing 24-WheatRidge-0014.00 Tabor Lake Trail Improvements CO-R2-GC-022924-LRIIQC Master Contract #: Work Order #: Owner PO #: Title: Re: December 19, 2024Date: Proposal Value: Contractor: JOC Construction LLC $898,911.56 %DutiesName of Contractor Amount No Subcontractors have been selected for this Work Order 0.00$0.00 6.00 Page 1 of 1 12/19/2024 Subcontractor Listing December 19, 2024 JOC Construction, LLC Georgia/ Arizona/ Colorado/ North Carolina/ South Carolina/ Tennessee/ Florida www.joc-construction.com City of Wheatridge Tabor Lake Trail Improvements 4201 Tabor St. Wheat Ridge, CO 80033 Summary of Scope The Tabor Lake Trail project focuses on trail improvements, including grading, erosion control, surfacing with crusher fines, and the installation of site features such as fencing, benches, trash receptacles, a shade structure, and a bird blind. Additional work includes asphalt replacement, concrete flatwork, signage, and striping, alongside tree removals and compliance with safety and environmental regulations. All work will align with project specifications and obtain necessary approvals. This scope is based on a site visit conducted with the City of Wheat Ridge on September 18, 2024, at 9:00 AM. A formal bid set of drawings and specifications was provided for this Scope of Work. Detailed Scope of Work This scope of work focuses on the improvement of Tabor Lake Trail per specified plans provided by City of Wheatridge. Scope of Work: Permitting and Approvals: · JOC is responsible for obtaining all required permits, including: o Local and State groundwater discharge permits. o CDPHE stormwater discharge permit. o Grading permit. o Building permit. · JOC to coordinate and perform surveys as required. · JOC must provide locates, including any necessary private locates for work areas on private property. Site Preparation and Protection: · JOC to clear and grub the disturbed area, removing unsuitable materials and disposing of them properly. · JOC to protect all trees and install up to 20 trees of protection fencing for designated areas. · JOC must ensure sediment control logs and inlet protection are installed to manage erosion and sediment. · JOC to maintain site cleanliness by removing construction debris daily and providing a site dumpster. December 19, 2024 JOC Construction, LLC Georgia/ Arizona/ Colorado/ North Carolina/ South Carolina/ Tennessee/ Florida www.joc-construction.com Traffic and Safety: · JOC to provide pedestrian and vehicle traffic control throughout the project. · Temporary fencing must be installed where required to maintain safety. · JOC to ensure sight triangles and sightlines remain unobstructed. · JOC must adhere to noise ordinances and work within specified hours. · JOC to provide porta-potties and a concrete washout area. · Install vehicle tracking pad/s to minimize debris tracking onto roadways. Concrete and Asphalt Work: · All concrete work must maintain a cross-slope of 2.0%. · Dimensions written on plans take precedence over scaled dimensions. · Curved edges and walks must be smooth. · Joc to furnish and install all concrete flatwork. · Furnish and install curb and gutter. · Furnish and install truncated domes (3 units) must be installed per specifications. · Demolition of existing asphalt per plan. · Furnish and install new asphalt with striping. Fencing: · Demolish of existing chain-link fence · Furnish and install 6' chain-link fence with one 24' gate. · Furnish and install of wire fence with two 8' gates. · Furnish and install of estate-style wood fencing. Site Features Installation: · Install site furnishings as specified: o Trash receptacles with pole mount kits (4 units)(Bearsaver-HA series, HA-P: Fir Green). o Benches: 3 with backs, (TimberForm Renaissance with armrests, powder coated, model-2806-6, color: Evergreen) o Benches: 1 without back. (TimberForm Renaissance backless bench w/ armrests, powder coated, model-2802-6, color: Evergreen) o ADA picnic table (1 unit), (Pilot Rock XT Serie 6’, rectangular, w/ alum. tops and seats) o Standard picnic table (1 unit), shade shelter (1 unit).(Pilot Rock XT Series Wheelchair Extended Portable, rectangular, w/ alum. tops and seats) o Bike hitching post (1 unit), bird blind (1 unit). o Seat boulders (9 units) and regular boulders (2 units). o Furnish and install Bird Blind w ICON LED Solar Light with housing (#RMS170) o Furnish and install Picnic Shelter (Icon Shelter Systems – RH15x20S-P4) w/ solar light with housing (#RMS170). December 19, 2024 JOC Construction, LLC Georgia/ Arizona/ Colorado/ North Carolina/ South Carolina/ Tennessee/ Florida www.joc-construction.com · Install of stabilized crusher fines for trail surfaces. · Furnish and install 3” crushed granite rock 12” deep for boat ramp. Tree Work: · Remove and dispose of 17 trees with stump grinding, · Furnish and install protective fencing for 20 existing trees. · Furnish and install temp signage for trees 8.5” x 11” (20 units). · Provide protection of root zones and above ground plants. · Meet with City Arborist prior to fencing for marking of plants and necessary pruning on behalf of the City. · Remove tree protection at completion. · Weeding protection areas prior to fencing and at completion. · Clean up and dispose of all excess surplus material/s. Signage and Striping: · Install 6 traffic signs. · Apply 4" thermoplastic striping. · Mark one ADA wheelchair stencil on the ground. Quality Control and Submittals: · JOC to provide submittals and cut-sheets for all materials and equipment for review and approval. · All site improvements must be staked by a surveyor and approved by the Owner’s Representative or Landscape Architect prior to construction activities. · JOC to provide third party testing and inspections. · JOC to provide potholing over existing utilities. · JOC to provide private locates as needed. · JOC to provide dewatering as needed. Additional Requirements: · JOC to request drawings in AutoCAD format. · JOC is responsible for mud and tracking removal from roadways. · Ensure no materials or equipment, aside from BMPs or ground cover, are stored near fire hydrants. · Maintain compliance with all local ordinances and safety regulations throughout the project. Deliverables: · Final approval of staking by the Owner’s Representative prior to concrete placement. December 19, 2024 JOC Construction, LLC Georgia/ Arizona/ Colorado/ North Carolina/ South Carolina/ Tennessee/ Florida www.joc-construction.com Exclusions: · Hazardous Material removal, handling, or testing. · Repair work not related to plan/scope. · Relocation of wildlife. · Inclement weather conditions. · Vandalism. · Warranties on existing equipment or materials. · Raptor survey. · Not responsible for easement discrepancies. · Not responsible or liable for property line disputes. · Not responsible replating or private property boundary staking · Water quality testing. · Erosion control beyond what is specified in plans. · Not responsible for additions or adjustment to existing infrastructure, water conveyance systems or utilities. · Public notification. · Permit fees. Submittals 1. Benches. 2. Soil and compaction reports. 3. Concrete mix tickets. 4. Picnic tables. 5. Picnic Shelter. 6. Trash receptacles 7. Lighting. 8. Bird blind. 9. Redlines. 10. Shop drawings. 11. Traffic control plan. 12. Seed specs. 13. Crusher fines. 14. Asphalt. 15. Bike hitch posts. 16. Schedule. 17. Welder certificates. This scope outlines all responsibilities and deliverables necessary for the successful completion of the Tabor Lake Trail project. Details that apply to all work 1. This proposal is based on normally expected conditions as observed upon site visit. 2. Contractor shall utilize the latest Sourcewell Contract and Specifications for all work. December 19, 2024 JOC Construction, LLC Georgia/ Arizona/ Colorado/ North Carolina/ South Carolina/ Tennessee/ Florida www.joc-construction.com 3. All measurements and quantities supplied in this scope of work are approximate in nature and are supplied as a convenience for the contractor. The contractor is responsible for field verification of all measurements and quantities. 4. Contractor shall verify all new and existing conditions and dimensions at job site. 5. Parking will be made available for the Contractor by the Owner and the Contractor shall coordinate all parking with the Owner prior to beginning work. 6. All salvageable materials remain the property of the Owner. 7. Contractor shall coordinate inspections as required / if required. 8. Contractor is responsible for protection of all surfaces including those not in the scope of work from construction dust, debris or damage during construction up until final acceptance. The methods of protection including wood, plastic, paper or other means for sealing / protecting furniture, sidewalks, doors or windows, etc. 9. Contractor shall be responsible for daily job site clean-up and will make provisions for disposing of all of his trade’s debris. There shall not at any time be any material or debris left on site that could endanger the public. 10. Contractor shall be responsible for 48 hours advanced notice to coordinate Utility Interruptions. Schedule 1. The total estimated duration to complete this project including an allotment for administrative time, submittal processing, inspection time, punch list remediation, and closeout time will be [180] Days from the time JOC Construction receives purchase order from client, however, should there be any circumstances that impede progress that are out of the control of JOC Construction Inc. a time extension equal to documented days lost will be issued. Owners Responsibilities 1. Provide access to job site and prompt response to RFI and submittal information submitted by contractor. 2. Provide reimbursement for any fees associated with tapping/beginning service for utilities and permitting as necessary. Closeout 1. Contractor must remove all excess materials, debris, tools and equipment form the site. 2. Owner shall be provided 1 Electronic Copy of the Operations and Maintenance manual for the project with retainage billing. 3. Owner will be provided a 1-year warranty from Contractor on furnished material and workmanship. Clarifications 1. At the time of the issuance of a purchase order, it is understood that a permit is needed. If the contractor will be responsible for obtaining applicable permits any other than the above-mentioned work, then Owner will be responsible for reimbursement of any fees that may be charged to contractor associated with permitting as well as any and all fees and expenses (i.e. permit fees, professional design and engineering fees as outlined in the Construction Task Catalog) incurred as described in the IDIQC master document. 2. Prevailing wages have NOT been included in this proposal. 3. This proposal is based on normal working hours 8am-4pm MST. 4. Hazardous Material Removal or handling has not been included in this proposal. December 19, 2024 JOC Construction, LLC Georgia/ Arizona/ Colorado/ North Carolina/ South Carolina/ Tennessee/ Florida www.joc-construction.com 5. Any reference to match existing shall describe closest match available. Due to aging of materials, discontinued items, and minor batch color discrepancies from manufacturers, it is not always possible to find an exact match for existing materials. X ST CP CP CP L1.1 L1.2 L1.4 L1.3 L1.5 CLEAR CREEK TRAIL VA N G O R D O N S T R E E T TA B O R S T R E E T TABOR LAKE EXISTING ISLAND L1.6 2/L1.1 2/L1.2 2/L1.3 3/L1.3 LEGEND CRUSHER FINES BENCH WELDED WIRE FENCE EXISTING CHAIN LINK FENCE EXISTING TREE SEAT BOULDERS GRAVEL TABLES TRASH RECEPTACLE CONCRETE CHAIN LINK FENCE WOOD ESTATE FENCE All drawings and written material appearing herein constitute original and unpublished work of Design Concepts and may not be duplicated, used or disclosed. WH E A T R I D G E , C O 8 0 0 3 3 Issued For:Date: Checked By: Drafted By: 95% CDs 07.16.24 ES TH, AO 22322.00Project No.: TA B O R L A K E - T R A I L I M P R O V E M E N T S 00 50' 100' SCALE: 1" = 50'-0" NORTH OVERALL SITE PLAN L1.0OVERALL SITE PLAN1Scale: 1" = 50'-0" NORTH ATTACHMENT 3 ITEM NUMBER: 6 DATE: February 10, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: A MOTION APPROVING A CONSTRUCTION AGREEMENT WITH COLORADO DESIGNSCAPES IN THE AMOUNT OF $1,211,000 FOR THE PANORAMA TENNIS COURTS PROJECT ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: Planning and design work associated with the Panorama Tennis Courts project has reached completion. Colorado Designscapes was selected through a competitive procurement process to complete the construction phase of this project. The existing tennis and basketball courts at Panorama Park have reached the end of their useful life span and need replacement. Court subsurface is in poor condition along with cracking on the play surface, making them unsafe and beyond normal maintenance repair. PRIOR ACTION: Council previously earmarked $500,000 in American Rescue Plan Act (ARPA) funds for this project. FINANCIAL IMPACT: The contract for design was awarded in the amount of $56,550. The construction agreement is for $1,211,000, bringing the total project cost to $1,267,550. The City earmarked $500,000 in American Rescue Plan Act (ARPA) funds for this project. Additionally, the City has applied for up to $140,000 in grant funds through the United States Tennis Association (USTA). The project is budgeted within the City’s Open Space Fund (Fund 32). BACKGROUND: The tennis and basketball courts at Panorama Park are original to the park and have been a valued amenity for residents, promoting physical activity and community Council Action Form – Panorama Tennis Construction Agreement February 10, 2025 Page 2 engagement. With an original estimated lifespan of 25 years, after over 65 years of use, the courts have deteriorated significantly. Fully replacing the courts with a post-tension concrete base is recommended due to the age and condition of the current courts along with the soil in Panorama Park. In 2023, Architerra was selected to create the design for replacing the tennis courts and adjacent basketball court. The lighting and fencing will be replaced, and both access and parking will be improved for users. A shelter will be added, along with new benches, trash receptacles, and re-installed memorial benches. Drainage and landscaping will also be improved during construction. Architerra completed the design in 2024. Colorado Designscapes was selected through a competitive procurement process administered by the City’s procurement manager. RECOMMENDATIONS: Staff recommends the approval of the construction agreement with Colorado Designscapes. Alternatively, the City could restart the selection process and seek another contractor to complete the work. RECOMMENDED MOTION: “I move to approve a construction agreement with Colorado Designscapes in the amount of $1,211,000 for the Panorama Tennis Courts project.” Or, “I move to not approve a construction agreement with Colorado Designscapes in the amount of $1,211,000 for the Panorama Tennis Courts project for the following reason(s).” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Director of Parks & Recreation Benny Paiz, Manager of Parks, Forestry & Open Space Brandon Altenburg, Grant & Special Project Administrator Whitney Mugford-Smith, Procurement Manager Patrick Goff, City Manager ATTACHMENTS: 1. Colorado Designscapes Construction Agreement 2. Colorado Designscapes Submittal Documents ITB-24-168-Panorama Park Tennis Courts CITY OF WHEAT RIDGE 24-168-Panorama Park Tennis Courts AGREEMENT THIS AGREEMENT, made this 14th day of January, 2025, by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and Colorado Designscapes, Inc., 15540 East Fremont Dr., Centennial, CO 80112, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows: 1.The Contractor agrees to furnish all materials, supplies, tools, equipment, labor, and other services necessary to complete the construction of the Project titled, ITB-24-168-Panorama Park Tennis Courts, in accordance withthe Contract Bid Documents. 2.The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with theterms therein for the Total Contract amount of one million, two-hundred eleven thousand, dollars,($1,211,000.00) which includes the base bid and the bid alternate. 3.The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14) calendar days after the date of the Notice to Proceed and to complete the same within 45 working days after thedate of the Notice to Proceed unless the time for completion is extended otherwise by written changes to the Contract Bid Documents. 4.The term "CONTRACT BID DOCUMENTS" means and includes the following: A Signature Page K Agreement B Advertisement for Bids L Payment Bond C Information for Bidders M Performance Bond D Contractor Qualification N Notice to Proceed E Bid Form O Final Receipt F Bid Schedule P Project Special Provisions G List of Subcontractors Q General Provisions H Non-Discrimination Assurance R Addenda I Non-Collusion Affidavit Q Drawings/ Exhibits J Bid Bond S Keep Jobs in Colorado 5.The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, such amounts as required by the Contract Documents. 6.Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a)Fiscal year. Fiscal year for the city shall commence on January 1 and end on December 31. (b)Budget contains appropriations. The city council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge.Upon the annual adoption by the city council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolutionshall constitute the appropriation of the amounts specified therein for the purposes specified therein. During the course of each fiscal year, approval by the city council of contracts for goods or services,and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein. ATTACHMENT 1 ITB-24-168-Panorama Park Tennis Courts (c) No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the city shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the city and no city monies from any source whatsoever shall be paid thereon. (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the city council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the city. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the city; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e) Notice to parties contracting with the city. All persons contracting with, or selling goods or services to, the city are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the city wherein city funds are used to pay for said contract. 7. Section 2-4 of the City Code of Laws is presented below: (a) The city may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the city or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. (b) The city council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. 8. Any notice or communication given pursuant to this Agreement to the City shall be made in writing: Contact Information City Contractor Name: Mark Ruote Theron Thomas Office Phone: 303-205-7553 303-721-9003 Email Address: mruote@ci.wheatridge.co.us tthoms@designscapes.org Address: 7500 W 29th Ave. 15440 E. Fremont Dr. City, State, Zip Code Wheat Ridge, CO 80033 Centennial, CO 80112 9. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. 10. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. 11. Vendor Performance Feedback ITB-24-168-Panorama Park Tennis Courts The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements: a. Work completed on time b. Work completed within budget c. Work completed as per the Scope of Work d. Future awards recommendation 12. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 13. Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. ______________________________________ __________ Whitney Mugford-Smith, Procurement Manager Date Signed ______________________________________ __________ Mark Ruote, Parks Project Coordinator Date Signed ______________________________________ __________ Karen O’Donnell, Director of Parks & Recreation Date Signed ITB-24-168-Panorama Park Tennis Courts IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE Margy Greer, Senior Deputy City Clerk WHEAT RIDGE, C0 80033 303-234-5900 Date Patrick Goff, City Manager (Seal) APPROVED AS TO FORM: CONTRACTOR Colorado Designscapes, Inc. 15540 E. Fremont Dr. Centennial, CO 80112 Gerald Dahl, City Attorney ATTEST TO CONTRACTOR: Authorized Signature Printed Name Name Title Title Date Date ITB-24-168-Panorama Park Tennis Courts PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Colorado Designscapes, Inc. (Name of Contractor) 15540 E. Fremont Dr., Centennial, CO 80112 (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of one million, two-hundred eleven thousand, dollars, ($1,211,000.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2025, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-24-168-Panorama Park Tennis Courts , in accordance with the Contract Bid Documents including: Base Bid – Tennis Courts - $1,189,200.00 Bid Alternate 1 – Basketball Court Lighting and Controls - $21,800.00 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said WORK, and for all labor performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. *Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-24-168-Panorama Park Tennis Courts IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2025 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. ITB-24-168-Panorama Park Tennis Courts PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Colorado Designscapes, Inc. (Name of Contractor) 15542 E. Fremont Dr., Centennial, CO 80112 (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of one million, one million, two-hundred eleven thousand, dollars, ($1,211,000.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2025, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-24-168-Panorama Park Tennis Courts , in accordance with the Contract Bid Documents including: Base Bid – Tennis Courts - $1,189,200.00 Bid Alternate 1 – Basketball Court Lighting and Controls - $21,800.00 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-24-168-Panorama Park Tennis Courts IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2025 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. ATTACHMENT 2 Item #Item Qty Unit Unit Cost Total Cost 1 Mobilization 1 LS 27,100.00$ 27,100.00$ 2 Construction Survey 1 LS 15,000.00$ 15,000.00$ 3 Traffic Control 1 LS 1,400.00$ 1,400.00$ 4 Site Preparation and Demolition 1 LS 125,000.00$ 125,000.00$ 5 Tree Protection 1 LS 3,400.00$ 3,400.00$ 6 Earthwork 1 LS 45,000.00$ 45,000.00$ 7 Bioretention Basin 1 LS 3,700.00$ 3,700.00$ 8 Concrete Wash Out Area 1 EA 1,500.00$ 1,500.00$ 9 Construction Fence 1500 LF 6.30$ 9,450.00$ 10 Silt Fence 454 LF 3.50$ 1,589.00$ 11 Stabilized Staging Area 770 SY 22.00$ 16,940.00$ 12 Street Maintenance 1 LS 2,500.00$ 2,500.00$ 13 Vehicle Tracking control 1 EA 3,500.00$ 3,500.00$ 14 Aggregate Base for Asphalt Pavement 1,400 SF 3.75$ 5,250.00$ 15 8" ADS Drain inlet 3 EA 2,000.00$ 6,000.00$ 16 Type C Inlet 1 EA 5,100.00$ 5,100.00$ 17 4" Perforated Pipe Underdrain 80 LF 25.00$ 2,000.00$ 18 4" PVC Pipe 370 LF 14.00$ 5,180.00$ 19 Asphalt Pavement 48 TON 335.00$ 16,080.00$ 20 Court Surfacing 29,005 SF 1.20$ 34,806.00$ 21 Court Striping 1 LS 4,500.00$ 4,500.00$ 22 Pavement Striping - Parking Lot 1 LS 1,200.00$ 1,200.00$ 23 ConcreteCurb Ramp 1 EA 1,900.00$ 1,900.00$ 24 Concrete Curb and Gutter (Vertical)165 LF 52.00$ 8,580.00$ 25 Concrete Curb and Gutter (Mountable)10 LF 52.00$ 520.00$ 26 Concrete Drain Pan 275 LF 37.00$ 10,175.00$ 27 Concrete Chase Drain 2 EA 6,700.00$ 13,400.00$ 28 Concrete Chase Drain and Curb 1 EA 2,650.00$ 2,650.00$ 29 Concrete Flatwork 5900 SF 9.75$ 57,525.00$ 30 Post-Tensioned Concrete 29,005 SF 10.00$ 290,050.00$ 31 Structural Concrete (Shelter foundations)8 CY 1,300.00$ 10,400.00$ 32 Chain Link Fence - 10 FT HT 650 LF 145.00$ 94,250.00$ 33 5 FT Wide Chain Link Gate 3 EA 1,150.00$ 3,450.00$ 34 10 FT Wide Chain Link Gate 2 EA 2,500.00$ 5,000.00$ 35 12 FT x 32 FT Shelter 1 EA 41,500.00$ 41,500.00$ 36 Tennis Posts and Nets 4 EA 1,100.00$ 4,400.00$ 37 Basketball Goal 2 EA 3,600.00$ 7,200.00$ 38 Trash Receptacle 2 EA 1,600.00$ 3,200.00$ 39 Picnic Table 2 EA 1,985.00$ 3,970.00$ 40 ADA Picnic Table 1 EA 2,250.00$ 2,250.00$ 41 Bench 2 EA 2,500.00$ 5,000.00$ 42 Reinstall Dog Litter Station 1 EA 225.00$ 225.00$ 43 Reinstall Stone Memorial Bench 1 EA 275.00$ 275.00$ Panorama Park Tennis Court Renovation City of Wheat Ridge Bid Schedule Base Bid 44 Reinstall Bench 2 EA 275.00$ 550.00$ 45 Reinstall Collapsible Bollard 1 EA 250.00$ 250.00$ 46 Soil Preparation 25850 SF 0.50$ 12,925.00$ 47 Blue Grass Sod 24250 SF 0.60$ 14,550.00$ 48 Sand- Grown Sod 1600 SF 0.60$ 960.00$ 49 Common Hackberry (2" Caliper)1 EA 625.00$ 625.00$ 50 Kentucky Coffeetree (2" Caliper)2 EA 625.00$ 1,250.00$ 51 Bur Oak (2" Caliper)2 EA 625.00$ 1,250.00$ 52 American Linden (2" Caliper)3 EA 625.00$ 1,875.00$ 53 Irrigation System Modification 1 LS 39,050.00$ 39,050.00$ 54 Electrical Service 1 LS 31,500.00$ 31,500.00$ 55 Court Lighting and Controls 1 LS 176,000.00$ 176,000.00$ 56 Shelter Lighting and Power 1 LS 6,300.00$ 6,300.00$ Subtotal 1,189,200.00$ One Million One Hundred Eighty-Nine Thousand Two Hundred Dollars and No Cents (Written in Words) $1,189,200.00 (In Numbers) Item #Item Qty Unit Unit Cost Subtotal Price AA1 Basketball Court Lighting and Controls 1 LS 21,800.00$ 21800 Total Bid Alternate 2 21,800.00$ Twenty- One Thousand Eight Hundred Dollars and No Cents (Written in Words) $21,800.00 (In Numbers) One Million Two Hundred Eleven Thousand Dollars and No Cents (Written in Words) $1,211,000.00 (In Numbers) Bid Bond and Insurance: Westfield Insurance Company c/o Jody Anderson Attorney-in-fact Submitting Firm: Colorado Designscapes Inc. Address: 15440 East Fremont Drive TOTAL FOR BID SCHEDULE A and SCHEDULE B - (BASE BID and ADD ALTERNATE #1 Add Alternate #1 - Basketball Court Lighting TOTAL FOR BID SCHEDULE A - BASE BID Unit price total bid to include Bid Schedule A for all materilas and labor needed to construct the project according to the attached plans and specifications. The total bid shall also including bonding and insurance. TOTAL FOR BID SCHEDULE B - ADD ALTERNATE #1 City, State, and Zip Code: Centennial, CO 80112 Telephone Number: 303-721-9003 Email: Tthoms@designscapes.org Printed Name: Phil E. Steinhauer Signature and Date:12/20/2024 Title: President