HomeMy WebLinkAbout08-24-2026 City Council Meeting agendaAGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
Monday, August 24, 2026
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:
1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up
to speak upon arrival.
2. Provide comment in advance at www.wheatridgespeaks.org (comment by
noon on August 24, 2026)
3. Virtually attend and participate in the meeting through a device or phone:
Click here to pre-register and provide public comment by Zoom (You must
preregister before 5:00 p.m. on August 24, 2026)
4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or
YouTube Live at https://www.ci.wheatridge.co.us/view
Individuals with disabilities are encouraged to participate in all public meetings
sponsored by the City of Wheat Ridge. 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, August 3, 2026
• City Council Meeting Minutes, August 10, 2026
• Special Study Session Notes, August 10, 2026
APPROVAL OF AGENDA
PROCLAMATIONS AND CEREMONIES
1. Proclamation – Dominick Breton Community Champion Award
2. Proclamation – Wheat Ridge Rotary Club
PUBLICS’ RIGHT TO SPEAK
a. Public may speak on any matter not on the agenda for a maximum of 3 minutes
under Publics’ Right to Speak. Please speak up to be heard when directed by the
mayor.
b. Members of the Public who wish to speak on a Public Hearing item or Decision,
Resolution, or Motion may speak when directed by the mayor at the conclusion
of the staff report for that specific agenda item.
c. Members of the Public may comment on any agenda item in writing by noon on
the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on
Wheat Ridge Speaks are considered part of the public record.
1. CONSENT AGENDA
a. Resolution No. 37-2026 – a resolution of support for a joint application with the
City of Denver to the Jefferson County Parks and Open Space Trails Partnership
Program
b. Resolution No. 38-2026 – a resolution of support for an application to the
Jefferson County Parks and Open Space Trails Partnership Program for an
erosion mitigation project
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 16-2026 – an ordinance giving notice of and calling a special
election to be held November 3, 2026, and submitting a ballot question
concerning an increase in the City sales and use tax of one percent for
community capital improvements
ORDINANCES ON FIRST READING
3. Council Bill No. 17-2026 – an ordinance approving the sale of future City-owned
real property and in connection therewith, authorizing the execution of a
purchase and sale and other related agreements with Spectra Centers
DECISIONS, RESOLUTIONS, AND MOTIONS
4. Motion to approve appointments to Boards, Commissions, and Committees
5. Motion approving naming of The Green at 38th Community Pavilion in honor of
Dominick Breton
6. Resolution No. 39-2026 – a resolution approving an Intergovernmental
Agreement with Jefferson County and authorizing the Mayor to execute a
grant agreement with Jefferson County Parks and Open Space for
improvements to the Route 32 bus stop at West 32nd Avenue and Kipling
Street
7. Motion awarding a contract to the Farnsworth Group Inc., for designing a
replacement outdoor pool in the amount $666,662
8. Motion awarding a contract to Wember Inc., for owner’s representative
services for the Outdoor Pool Replacement project in the amount of $291,887
9. Resolution No. 40-2026 – a resolution approving an Intergovernmental
Agreement between the City of Wheat Ridge and the Colorado Department of
Transportation for the construction of the 44th Avenue Pedestrian Hawk
Signals project
ADJOURN TO SPECIAL STUDY SESSION
NOTES
CITY OF WHEAT RIDGE, COLORADO
STUDY SESSION
Monday, August 3, 2026
The Study Session was held in a hybrid format, with Councilmembers, City
staff, and members of the public participating either in person in Council
Chambers at the Municipal Building, 7500 West 29th Avenue, Wheat Ridge,
Colorado, or virtually.
CALL TO ORDER
Mayor Korey Stites called the City Council Study Session of August 3, 2026, to order at 6:30
p.m.
ATTENDANCE
Councilmembers Present: Dan Larson; Rachel Hultin; Scott Ohm; Mike Okada; Patrick Quinn;
Jenny Snell; and Susan Wood.
Absent: Kathleen Martell.
Staff in Attendance:
Patrick Goff, City Manager; Marianne Schilling, Deputy City Manager; Chris Molison, Director
of Administrative Services; Rocky Macsalka, Civil Engineer II; Onorina Maloney, Senior
Deputy City Clerk; Lucy Spalenka, Deputy City Clerk.
Public Comment on Agenda Items
The Mayor opened public comment, noting that speakers must address one of the three
agenda items, with a three-minute time limit.
In Person
Nikki Larsen (resident, Active Transportation Advisory Team member) spoke in support of
Vision Zero. She shared postcards collected at community events, reading messages from
residents calling for more sidewalks, protected bike lanes, and multimodal trails. She
expressed concern that a recent Council Corner article by Councilmember Larson might
invoke "Wadsworth-style fatigue" and urged that safety not be buried under construction
concerns. She thanked Council for taking up Vision Zero.
Cheryl Garcia (resident, Wheat Ridge) spoke in support of Local Works' budget request,
praising the organization's growth, Live Local events, and dumpster grant programs, noting
that friends from outside Wheat Ridge expressed envy at the City's community
programming.
Kimberly Cross (resident, Wheat Ridge) spoke in support of the upcoming tax measure,
urging Council to support the %1.00 tax increase to fund a new City Hall and Police
Headquarters, emphasizing that the community must "answer the call" for its police
department.
Betty Jo Page (resident, Wheat Ridge Historical Society Board) spoke on behalf of the
Historical Society, noting broad external support for local history and museums from
organizations including History Colorado. She emphasized that peer communities
outperform Wheat Ridge and that the board needs professional guidance.
Alan Bucknam (resident, District 1, Active Transportation Advisory Team) spoke in support
of Vision Zero, describing unsafe conditions for walkers and cyclists on 38th Avenue and
Harlan Street and expressing confidence that a Vision Zero plan could maintain Wheat
Ridge's character while protecting people.
Charlie Myers (resident, District 1, Active Transportation Advisory Team and BikeJeffco)
spoke in support of Vision Zero, sharing that he is organizing a memorial ride for fallen
cyclists that will pass through Wheat Ridge, and expressing hope that Vision Zero will make
such events unnecessary in the future.
Krista Holub (resident, District 1, Active Transportation Advisory Team) spoke in support of
Vision Zero, sharing postcards from residents expressing why they love to bike and walk in
Wheat Ridge, and noting that safe transportation infrastructure was a reason she moved to
the community three years ago.
Nicole Kostelecky (resident, Local Works Board President) spoke in support of Local
Works' budget request, highlighting the organization's growth, diverse programming, and
careful stewardship of City funds.
Tricia Riffle (Executive Director, Ralston House) introduced Ralston House, a 501(c)(3)
nonprofit providing forensic interviews, medical exams, and victim advocacy to child crime
victims in partnership with the Wheat Ridge Police Department for over ten years. She
noted the organization is requesting a one-time contribution of $44,420 toward a capital
campaign to renovate a new 10,000-square-foot- facility in Arvada, with costs proportioned
by population across all Jefferson County municipalities.
Via Zoom:
None
Wheat Ridge Speaks
Item No. 1 – Vision Zero Safety Action Plan
Kelly Blynn
Comment received on Aug 3, 2026, at 11:30 a.m.
Thank you for the opportunity to comment. The Wheat Ridge Active Transportation
Advisory Team (ATAT) is a citizen-led, volunteer-run organization that envisions a physically
and economically vibrant community where people of all ages and abilities can maintain
safe, healthy and connected lives through easy and equitable access to active
transportation options. The ATATs focus on outreach and education, advocacy, and
connecting community members through walking and biking, and since its founding in 2012
has provided community input on City and regional projects affecting bike, pedestrian, and
transit access and safety. Vision Zero is a broadly embraced global movement to eliminate
traffic deaths and serious injuries. It recognizes that people make mistakes and are
vulnerable to the consequences. It also recognizes that everyone shares a responsibility to
create safer environments for getting around, that safety measures can and should be
proactive, and that redundancy in safety measures saves lives. Since 2010, we’ve had over
300 people seriously injured or killed in crashes on Wheat Ridge streets, about 70 of which
were bicyclists or pedestrians. Most of these happen on our major roadways like
Wadsworth, and particularly at intersections. A Vision Zero framework enables us to see
every crash as preventable, and can help our community avoid crashes that forever change
people’s lives. In nearly every What’s Up Wheat Ridge survey, major plan like the City Plan or
Economic Development Plan, and polling, our community again and again is demonstrating
that improving how safe it is to get around outside a car is a top priority for them. The
ATATs have been working to advance the goal of Vision Zero for the last few years because
we think it’s time to respond to this call from our community, and really make progress
toward making it safe for all ages to get where they need to go. So we’re excited that the
City is participating in this county plan and to hear updates about it tonight, and are eager to
work with Council toward a resolution establishing a goal of Vision Zero for our community.
Whether you’re a kid getting to school in our community or a senior navigating our streets in
a mobility device, everyone deserves to get where they’re going safely. Many thanks for
your consideration, The Wheat Ridge Active Transportation Advisory Team (ATATs)
1. Update on Regional Vision Zero Safety Action Plan (VZSAP)
Rocky Macsalka, Engineering Manager and the City's representative on the Vision Zero
stakeholder committee, introduced Krystian Boreyko from Consor, the consulting firm
leading the plan on behalf of Jefferson County.
Krystian Boreyko provided an overview of the regional Vision Zero Safety Action Plan, a
federally funded effort through the Federal Highway Administration's Safe Streets and
Roads for All program. The plan aims to eliminate fatal and severe injury crashes with a
focus on vulnerable roadway users — bicyclists, pedestrians, and motorcyclists — using the
Safe System approach encompassing Safer People, Safer Roads, Safer Speeds, Safer
Vehicles, and Post-Crash Care.
Boreyko reported that the first phase of community outreach yielded 524 survey responses
and over 1,300 interactive map pins countywide, including approximately 140 pins within
Wheat Ridge. Crash history was analyzed for the period 2020–2024, with I-70 excluded.
Severe crashes remained relatively stable throughout the study period, underscoring the
need for action. A High Injury Network was developed using Wheat Ridge-specific
thresholds rather than countywide data to avoid skewing results. Supporting initiatives
include a policy review, a non-discriminatory plan, and a best economic and environmental
practices review. A second phase of community outreach is planned for September,
including an online open house, a companion survey, three pop-up events, and virtual office
hours. Stakeholder review of the draft plan is anticipated in November, with public review in
January 2027 and plan adoption to follow.
Mayor Pro Tem Hultin asked what the plan would deliver to local governments. Boreyko and
Macsalka confirmed that each member jurisdiction will receive a dedicated chapter with its
High Injury Network, High Risk Network, and targeted engineering and programmatic
recommendations, as well as eligibility to apply for federal implementation grant funding.
Councilmember Wood commended the regional approach, noting that roadways do not
stop at City boundaries.
Councilmember Snell asked about outcomes experienced by communities after adopting
Vision Zero. Boreyko cited increased transparency through public crash dashboards,
adoption of automated speed enforcement where permitted, and infrastructure investment
in bicycle and pedestrian networks, using Denver as a local example.
Councilmember Larson acknowledged the value of the effort but raised concerns about
potential trade-offs, including increased travel times, delays to emergency response
vehicles, high implementation costs, and the impact of speed enforcement tools. He stated
he would reserve judgment on specific projects until proposals are presented.
Councilmember Okada noted increased crash density in District 4, particularly around the
Tabor Bridge and 44th Avenue, reflecting concerns heard from constituents. Macsalka
confirmed that Public Works is designing improvements for the 44th and Tabor area to
connect to Clear Creek.
Councilmember Quinn drew a parallel to systems-based workplace safety programs, noting
results take years to materialize but are meaningful over time.
Mayor Pro Tem Hultin observed that the heat map's highest-concentration crash locations
are centered on intersections and expressed interest in intersection-specific
recommendations, noting the recent deployment of red-light enforcement cameras at 44th
and Kipling.
2. 2027 Outside Agency Budget Requests
City Manager Patrick Goff introduced the item, noting that Council was being asked for
direction on funding requests from five outside organizations to inform the 2027 budget.
No consensus on dollar amounts was sought at this meeting; the full discussion was
deferred to a future study session.
Current 2026 funding levels include: $45,000 for the Wheat Ridge Business District;
$100,000 for the Carnation Festival Committee; $326,200 for Localworks (plus $75,000 for
the Wadsworth Business Recovery Grant Program). The Wheat Ridge Chamber's 2025
request was not approved. Ralston House submitted a new request for one-time capital
construction support.
Carnation Festival Committee — $125,000 requested
Joe DeMott (Committee Chair) reported that fireworks for the upcoming festival had been
canceled due to drought conditions, with the $25,000 budgeted amount to be rolled over or
held for next year. He noted the festival draws approximately 35,000 guests, benefits 18
nonprofits, and has operated under his leadership for 16 years. The committee previously
received $125,000 annually prior to COVID-19 reductions and has exhausted its reserve
funds.
Councilmember Larson suggested exploring drone shows as a fireworks alternative; Mr.
DeMott noted they are three to five times more expensive. Mayor Pro Tem Hultin raised
concerns about fireworks' noise impact on neighbors and pets and inquired about budget
transparency, including the absence of carnival revenue and in-kind contributions.
Councilmember Ohm suggested a middle-ground option of one fireworks night rather than
two. Councilmember Snell praised the festival's unique character.
Localworks — $377,200 requested ($327,200 general operations + $50,000
business grant program)
Executive Director Paige Piper presented Local Works' 2026 accomplishments and 2027
request. Highlights included: Ridge Fest at The Green with 2,900 attendees; 10 Live Local
events impacting approximately 1,500 residents; the Business Block Party at Gold's
Marketplace with over 2,000 attendees; 15 block party grants; a new universal 20% coupon
program on 38th Avenue; new flagpoles and a website relaunch for Ridge at 38; completion
of Explore 44 Phase 2 with a permanent sign structure at Hopper Hollow Park; and over
$117,000 distributed to 19 Wadsworth corridor businesses through the Business Recovery
Grant. The Clear Creek Makerspace has welcomed 64,000 visitors since opening, with 7
businesses launched and 5 licenses filed in Wheat Ridge.
Piper also reported that Local Works has reduced its reliance on City funding from 99% to
39% of total revenue, spent down $625,000 in reserves as directed by Council in 2022, and
received over $450,000 in private grants and $135,000 in individual donations. The Creative
Commons expansion — 13 retrofitted shipping container studio spaces — is projected to
open in Q3 2027.
The $50,000 business grant program would be open to all Wheat Ridge businesses for
flexible project types, including non-traditional needs such as marketing contractors, with a
board-appointed review committee and Council representation through the Mayor.
Applications would open January 1, 2027.
Council members broadly praised Local Works' return on investment and revenue
diversification. Mayor Pro Tem Hultin suggested exploring shared vendor contracts for
common needs like communications, rather than small individual grants. Councilmember
Larson asked about sustainability given shifts in private grant landscapes; Piper confirmed
a succession and sustainability plan is in place. Mayor Stites noted that Local Works was
previously receiving $90,000 through the Business District funding and is requesting only
$50,000 for the grant program.
Wheat Ridge Chamber of Commerce — $60,000 requested
Robert Hamm, Chief Development Officer of Family Tree and Chamber Board Member,
presented the request. The Chamber, incorporated 57 years ago, is approaching 200
members. The request would fund marketing, events, contractor compensation,
membership outreach, and space rental. The request also includes funding to investigate a
potential merger with the Wheat Ridge Business Association, which the Chamber
documented in a report titled Building a Stronger Wheat Ridge.
Councilmember Larson expressed encouragement about the potential merger, noting it had
long been discussed without progress. Hamm acknowledged the Chamber is speaking only
for itself and not the Business Association. Mayor Pro Tem Hultin recommended
professional facilitation for any merger discussions and supported funding for that effort.
Councilmember Snell commended the Chamber's programming breadth and the board's
resilience following the passing of former president Dominic Breton. Mayor Stites
recommended that the Chamber review the City's Economic Prosperity Plan to ensure
alignment before seeking City funding.
Ralston House — $44,240 requested (one-time)
Executive Director Tricia Riffle presented Ralston House's services and capital campaign
request. Ralston House provides forensic interviews, medical exams, and victim advocacy
to child crime victims in the First Judicial District, having conducted approximately 420
interviews for the Wheat Ridge Police Department over the past ten years. The organization
is renovating a new 10,000 square foot facility — the former Community Table in Arvada —
with a total renovation cost of approximately $1.3 million. The $44,240 request reflects
Wheat Ridge's proportional share based on population and catchment area. The facility will
include four interview pods, a medical pod, expanded office space, and a 100-person
training room. Funding is also being sought from the Gates Foundation, In-N-Out Burger,
and other capital campaign contributors.
Mayor Pro Tem Hultin thanked Ralston House for its important and often invisible work on
behalf of vulnerable community members.
Wheat Ridge Historical Society — $100,780 requested (includes new FTE)
Martha Hetty, Publications Director, presented the Historical Society's request for the City
to hire a trained museum professional. She noted the all-volunteer board is aging, with three
members lost in the past two years. The Society has 8,000–10,000 items in its collection, of
which only approximately 5% have been accessioned. A peer survey of six comparable
suburban museums found that all others have at least one paid, full-time museum
professional, enabling greater open hours, programming, and grant eligibility.
Karen O'Donnell, Director of Parks and Recreation, explained that staff recommends
structuring the proposed position to also encompass public art coordination and cultural
events and programs — roles currently handled through a contractor — making it a viable,
full-time City employee position supervised by staff liaison Brandon Altenberg.
Bonnie Botham presented the Society's current annual operating budget of approximately
$10,000.00, noting they are on track to fully spend 2026 funds on a display cabinet repair
and outreach upgrades. The 2027 request is a slight increase of approximately $200 for ink
costs.
Council members expressed broad support. Councilmember Okada asked whether the
backlog was historical or ongoing; the board confirmed it is a mix, with significant progress
made during the "Century Long Story" project. Goff noted that a full-time person would
coordinate rather than resolve the backlog alone, and that a consultant team could be
brought in later. Mayor Pro Tem Hultin supported the FTE concept and emphasized the
need to address record-keeping gaps that are currently blocking grant eligibility.
Councilmember Snell inquired whether the position could eventually serve as staff liaison to
the Cultural Commission, which Goff confirmed was the intent. Councilmember Larson
expressed strong support, noting the proposal had evolved meaningfully from earlier
discussions about the Society's sustainability.
3. Follow-Up Discussion – Community Polling Results and Potential 2026
Sales Tax Ballot Measure
City Manager Goff summarized the follow-up from the prior week's study session, noting
that staff and Piper Sandler refined the financing analysis to reflect a phased approach to
debt issuance — in 2027, 2031, and 2036 — rather than a single issuance. Under a 1% sales
tax scenario using Certificates of Participation (COPs), this approach would generate
approximately $236 million in total capital funding, compared to approximately $210 million
using traditional sales tax revenue bonds.
Andrew from Piper Sandler presented two key strategies: phased issuances to capture
revenue extending to 2066, and use of excess revenue (approximately $35 million over 10
years, or $3.5 million annually) for pay-as-you-go capital spending on preventive street
maintenance and bike/pedestrian network improvements. The first issuance of $127
million would fund the Civic Center, outdoor pool, and school property acquisitions. Parks
and Public Works facilities would be addressed in subsequent tranches. Only the 1% and
0.85% COP scenarios generate sufficient cash flow to support the full $127 million first
issuance; assuming an additional 100-basis-point cushion in the assumed interest rate, only
the 1% scenario remains viable.
Council engaged in discussion on the appropriate tax rate. Mayor Pro Tem Hultin favored
0.85%, citing competing fire district ballot measures — Arvada Fire at 1% and West Metro at
approximately 0.75% — and the psychological impact on voters of a combined tax burden
potentially reaching 2% in parts of the City. Councilmember Okada initially expressed
support for 0.85% but deferred to the emerging consensus. Councilmember Ohm,
Councilmember Quinn, Councilmember Wood, and Councilmember Larson all expressed a
preference for 1%, noting that the polling showed no meaningful difference in support
between 1% and lower rates, and that community outreach participants encouraged going
to the full amount.
Council reached consensus to proceed with a 1% dedicated sales and use tax and to bring
back a draft ordinance and ballot question language for first reading on August 10.
4. Staff Report(s)
No staff reports were presented.
5. Elected Officials' Report(s)
Councilmember Snell announced District 1 office hours the following morning at Anne's Pie
Cafe on West 29th Avenue from 9:00 a.m. to 11:00 a.m.
Councilmember Wood noted that the recent pool party was great and well done.
Councilmember Larson reported that a ribbon cutting was held the prior week at Family
Tree for GFiber, with fiber installation underway in Wheat Ridge neighborhoods. He also
shared that he attended the Central City Opera on Saturday, where the featured production
was Ballad of Baby Doe, drawing a connection to the historical context discussed earlier in
the evening regarding Wheat Ridge farmers who fed miners.
Mayor Pro Tem Hultin thanked staff and Councilmember Ohm for a productive meeting
with Dover Street residents, noting the group reached an overwhelmingly strong consensus
on each option presented and that residents left the meeting thanking the City for listening.
Mayor Stites thanked participants in Engage Wheat Ridge month, praised the pool party and
the disco ball, noted a ribbon cutting for the two-year anniversary of Lakeside Spine Injury
Center, and encouraged residents to visit PROS, which held its soft opening the prior
evening.
Councilmembers Okada and Quinn did not provide a report.
ADJOURN
Mayor Stites adjourned the August 03, 2026, Study Session at 10:18 p.m.
_________________________________________
Rachel Hultin, Mayor Pro Tem
_________________________________________
Lucy Spalenka, Deputy City Clerk
MINUTES
CITY OF WHEAT RIDGE, COLORADO
CITY COUNCIL REGULAR MEETING
Monday, August 10, 2026
6:30 pm
The meeting was held in a hybrid format, with Councilmembers, City staff, and
members of the public participating either in person at the Municipal Building (7500
W. 29th Avenue, Wheat Ridge, Colorado) in Council Chambers, or virtually.
CALL TO ORDER
Mayor Stites called the regular City Council meeting to order on August 10, 2026, at 6:30
p.m.
PLEDGE OF ALLEGIANCE
Those present stood, if able, and recited the Pledge of Allegiance.
ROLL CALL OF MEMBERS
Councilmembers Present: Rachel Hultin; Kathleen Martell; Scott Ohm; Mike Okada;
Patrick Quinn; Jenny Snell; Susan Wood; and Dan Larson.
STAFF IN ATTENDANCE
City Manager Patrick Goff; City attorney Gerald Dahl; Director of Community Development
Lauren Mikulak; Police Chief Chris Murtha; Senior Deputy City Clerk Onorina Maloney;
Deputy City Clerk Lucy Spalenka; Officer Allan Fischer
APPROVAL OF MINUTES
City Council Meeting Minutes, July 27, 2026
Special Study Session Notes, July 27, 2026
Minutes and study notes approved as presented.
APPROVAL OF AGENDA
Agenda approved as presented.
PROCLAMATIONS AND CEREMONIES
1. Proclamation – Honoring the Retirement of Officer Allan Fischer
The Mayor read a proclamation honoring Officer Alan Fisher upon his retirement
from the Wheat Ridge Police Department after 24 years of service, beginning
August 1, 2002 and concluding August 3, 2026. The proclamation recognized
Officer Fisher's dedication to patrol duties, his exceptional bravery at a shots-
fired incident on Newland Street in October 2004, and his remarkable courage
and resilience following a violent attack in April 2022 during which he sustained
severe stab wounds. Officer Fisher briefly addressed the council, expressing
gratitude and acknowledging Wheat Ridge as a great community with good
people. Chief of Police then presented Officer Fisher with the Chief's Award,
noting that Fisher is defined by more than any single incident, and that his 24-
year career demonstrated pride, determination, and professionalism. The Chief
also offered a lighthearted acknowledgment that Officer Fisher's repeated speed
camera citations had contributed meaningfully to city coffers, quipping that "the
solution to your problem is to slow down."
PUBLICS’ RIGHT TO SPEAK
a. In Person Public Comments on matters not on the agenda:
Tom Huxley, a board member of the Wheat Ridge Chamber of Commerce, spoke
in support of the Chamber's budget request and the Prosperity Plan, highlighting
the Chamber's alignment with its goals including building a business support
ecosystem, identifying properties needing upgrades, connecting businesses to
resources, and reaching approximately 1,000 local businesses that have not yet
been contacted.
Ashenzo DiGiacomo, a land planner from Lakewood, raised concerns about the
usability of the city's website for navigating project information, suggesting the
city consider improvements for public accessibility. He also expressed
opposition to any potential reduction in public comment time from three
minutes to two minutes, noting that many speakers had spent considerable time
preparing their remarks.
b. Public Comments Received in Writing:
Patty Davies Aug 10, 2026 11:58am - Case WZ-24-09 — Wheat Ridge Station
Village To the Members of the Wheat Ridge City Council: I respectfully ask Council
to vote NO on the current Outline Development Plan (ODP) until fundamental
safety, scale, and compatibility standards are mandated. The proposed density
and activity would be placed immediately against an established residential
neighborhood without adequate separation, buffering, traffic controls, or
mitigation of resulting impacts. Our single story, ranch home directly borders the
proposed Wheat Ridge Station Village development. We strongly oppose the
current Plan because it does not adequately protect the health, safety, privacy,
and quality of life of existing neighboring residents. The proposed ODP layout
places two entry drives in close proximity, with an unaligned west entrance at
Swadley Street that creates an unsafe intersection on a corridor with no
sidewalks. This would increase the road intersections along this short stretch of
52nd Ave to 5, including the stop at 52nd and Tabor Street. This concentration
raises concerns regarding sight distance, turning conflicts, speeding, emergency
access, pedestrian safety, and traffic spillover. The development as submitted
will increase traffic on 52nd Avenue, Tabor Street, Simms, and Swadley, all of
which will absorb additional vehicle trips from the proposed development. The
52nd Avenue/Tabor Street four-way stop is already a safety concern, with vehicles
failing to consistently stop. Currently pedestrians and cyclists who are crossing
at 52nd and Tabor have to walk into the intersection to get into an adjacent
neighborhood. As the house on the corner, we are frequently seeing cars and large
trucks fail to stop, fail to make the turns, and we watch large trucks instead use
residential streets to by-pass the difficult turn at Tabor and 52nd. Adding up to 18
homes, potentially with ADUs, will increase vehicle trips, pedestrian activity,
deliveries, and turning movements in an area used by children, families,
pedestrians, cyclists and people walking dogs. According to data from the Bureau
of Transportation Statistics, a typical single-family household averages
approximately five to six vehicle trips per day. Based on this statistic, the
proposed development is projected to generate more than 60 trips daily affirming
the requirement of a Traffic Impact Study. Our immediate neighborhood has
already suffered extensive property damage—including run-over medians, struck
light poles, destroyed landscape boulders, crushed park benches, and damaged
retaining walls—due to increased traffic flow from recent area development.
Approving an unaligned, high-density access loop directly compounds these
existing safety hazards. The loop road is not required by any service provider
(water, fire, Xcel). Obviously, the location and nature of the proposed loop would
unreasonably disturb the comfort, peace, and health of those in the surrounding
areas. The new development would not only increase traffic, but the PRD-ODP
provides no extra visitor parking on site for the homes proposed. This needs to
be required of them because of the impacts of extra vehicle parking on adjacent
streets- especially at W 52nd and Tabor which will be a problem for the entire
neighborhood. There certainly is not a need for more high-density housing near
the light rail station. In the past 6 years, more than 657 homes / units have been
built within a 2-mile radius of Rainbow Ridge. Additionally, it is my understanding
that Wheat Ridge is in the approval process to add 200 affordable homes near
Ridge and Miller, while Arvada is proposing 80 new units near Ward Road and
54th. For more than two years, adjacent residents have participated in good faith,
offering concrete suggestions regarding height transitions, landscape buffers,
and road alignments. Neither staff nor the applicant has incorporated this
feedback in the official record. Disregarding community input entirely defeats the
purpose of the public planning process. Before approval, the City should require
a Traffic Impact Study addressing: • Traffic increases on 52nd Avenue, Tabor,
Simms, and Swadley addressing traffic, child and pedestrian safety, intersections,
and parking impacts; • The existing 52nd Avenue/Tabor four-way stop; • The
cumulative impact of multiple intersections in a short distance; • Sight distances
and turning movements at all proposed intersections; • Emergency and service
vehicle access; • Speeding and appropriate traffic-calming measures; and • Visitor
parking and potential spillover parking onto surrounding streets. • A sight-
distance and intersection analysis for the proposed perimeter road. Requested
Action The proposal should not be approved in its current form. The City should
require enforceable conditions addressing the project's impacts on traffic and
pedestrian safety, privacy, sunlight, noise, nighttime glare, and the peaceful use
of existing residential properties. At minimum, approval should require a 28-foot
height limit, 15-foot landscaped perimeter buffer, substantial privacy fencing,
upper-floor setbacks and screening, lighting and glare controls, and completion
of the required traffic, sight-distance, shadow, and photometric analyses. These
measures are necessary to provide a safe and reasonable transition between the
proposed development and the established residential neighborhood. We ask that
Council vote NO on this ODP unless the above-mentioned conditions are included.
Ascenzo DiGiacomo Aug 10, 2026 ∙ 11:53am To Wheatridge City Council
Members: Please see the 41 comments posted for the Planning Commission in
June. Thank you. Ascenzo Di Giacomo
Patricia Weber Aug 10, 2026 ∙ 11:53am To: Wheat Ridge City Council From:
Patricia Weber RE:5225 Swadley St Rezoning As a Rainbow Ridge resident of
more than 35 years, I can attest to the fact that we have seen HUGE changes in
the area surrounding our neighborhood. I understand that this is a new
development and this is expected as any metropolitan area grows. However, this
particular small development while strictly speaking is in Wheat Ridge, it is
physically in the middle of two Arvada communities. Therefore, I believe
additional consideration needs to be given to the developers high density, the unit
setbacks, unit building max height and community impacts. These components
need to be compatible with the guidelines and goals of Arvada planning and
development guidelines and not only the standards for the city of Wheat Ridge. I
attended the planning commission hearing and all I heard was how this
neighborhood fits in with the goals and guidelines of Wheat Ridge. As a good
neighbor to the city of Arvada, it is imperative that this little part of Wheat Ridge
(placed in the middle of Arvada ) must represent both cities and clearly take the
guidelines from both cities applying the least aggressive approach. Anyone that
is astute can see that Wheat Ridge is truly a very different community than the
city of Arvada and this project needs to blend more clearly with the Arvada
community surrounding it. I heard nothing from the planning staff that indicated
any consideration of this fact or any acknowledgement of the concerns of the
impacted residents from Arvada. I believe this rezoning should be soundly
rejected.
Andre Barrutia Aug 10, 2026 ∙ 11:24am My name is Andre Barrutia, and this is my
first time providing public comment. I live at 5250 Tabor Street in Rainbow Ridge,
and our backyard is directly adjacent to the property proposed for rezoning at
5225 Swadley Street, Case No. WZ-24-09. I am very concerned about whether the
existing infrastructure in this area particularly West 52nd Avenue east of Tabor
Street can safely accommodate the additional traffic and parking demand
created by this development. The proposed development appears to provide
limited internal guest parking, and the proposed loop-style road does not
eliminate the need for additional parking. When on-site parking is insufficient, that
demand is likely to shift to the nearest available public streets. West 52nd Avenue,
Rainbow Ridge, and the surrounding neighborhood streets could therefore
become the primary location for spillover parking associated with this
development. That creates a significant safety concern. West 52nd and the
surrounding streets do not have a continuous sidewalk network, meaning
schoolchildren, dog walkers, cyclists, and other pedestrians frequently share the
roadway with vehicle traffic. Additional vehicles parked along the roadway would
further reduce sight lines, narrow the usable travel area, and force pedestrians
and cyclists closer to moving traffic. These conditions can become particularly
difficult for drivers when combined with existing visibility issues such as sun
glare. Additional non-resident street parking could also affect everyday
neighborhood operations by restricting traffic flow, making it more difficult for
residents to safely enter and exit their driveways, and creating challenges for mail
delivery, trash collection, emergency access, and snow removal. I am asking the
Council to deny, or at minimum delay, this proposal until there is a clear and
publicly supported plan demonstrating how the development's traffic, parking,
pedestrian safety, and infrastructure impacts will be addressed. This would
include the already planned developments that are approved on 52nd west of
Tabor Street. Before approving additional density for this site development, the
community deserves confidence that the surrounding streets can safely
accommodate it without transferring the development's parking and traffic
burdens onto the existing neighborhood, where we have already seen significant
issues on the corner of 52nd and Tabor with resident and non-resident traffic
alike. Attached are photos of one of many incidents as an example.
Patience B Stevens Aug 10, 2026 ∙ 11:12am My name is Patience Stevens. I live
in Golden and I lease and lesson at Hidden Lane Stables. I am respectfully asking
the Council to vote against the rezoning in direct opposition to the prior motion
that said rezoning would ‘contribute to the health and safety’ of the community.
That is absurd and was motioned with absolutely no supporting evidence. In fact,
the environmental health wil be adversely affected by increased pavement
(common knowledge of impervious surfaces affecting ground water), increased
traffic congestion and consequent safety concerns by no sidewalks, non resident
speeding cut through and the congestion by 2-3 cars per new house wit attendant
trash/deliveries and the like. As for equine and rider/handler safety, the existing
urban noise and activity already stresses the horses. Increasing the proximity and
volume of urban life and general lack of understanding regarding equine behavior
will lead to further stress to horse and rider-which if manifested in classic horse
response of a spook, bolt or shying-can result in significant injury to horse and
rider. Given that ‘peaceful coexistence’ is unlikely to be met, I respectfully request
disapproval of the rezoning. Should this proceed to the detriment of the land, RR
residents, riders and horses unable to protest on their behalf, insurance of the
following is a MINIMUM: BEFORE ANY CLEARING, BUILDING OR ACTIVITY; AN 8
foot SOLID FENCE (at least on horse property side) and a MINIMUM 15 FOOT
NATURAL BUFFER OF SHRUBS AND TREES ARE TO NE ERECTED AND
ESTABLISHED IN ADVANCE. Thank you for preserving what little open space
remains, Respectfully Patience Stevens MD, MPH
Marilyn and Robert DuVon Aug 10, 2026 ∙ 11:08am I've come to this discussion
later than most, but am frankly horrified by what will occur should this proposal
for Swadley St. be approved by City Council. Two things stand out to me as
beyond unacceptable. 1. Building what will be viewed as a wall towering (28 ft.)
over the homes on the Rainbow Ridge side of the fence is very offensive. No one
wishes to look at a wall of 3 story box homes that are much taller than the existing
homes on the west side. Also, the severe contrast with the two types of
architecture is just ugly and off setting to anyone. 2. I hate to see the horse facility
ruined, which may happen when the bulldozers and other large and loud
equipment arrive. You've had an explanation of the wonderful things that facility
offers citizens of Wheat Ridge and Arvada. Surely there is another plot of land that
can accommodate another of the Big Box communities without having to bring
havoc in both noise and appearance to this one area. I know the almighty dollar
is king these days to so many people, but please use some common sense and
true neighborly actions. The proposed project is one that could go elsewhere and
should have already after learning how off-setting it is to the existing neighbors.
Marilyn DuVon 12285 W. 54th Dr., Arvada Robert DuVon 5361 W. 26th Ave., Wheat
Ridge
Matthew Dunn ∙ Aug 10, 2026 ∙ 10:45am I am writing regarding the proposed
rezoning of 5225 Swadley Street (Case No. WZ-24-09) and respectfully urge a NO
vote. While the proposal has been reduced to 18 homes, it still remains
incompatible with the existing Rainbow Ridge neighborhood. The planned homes
would be significantly taller than surrounding properties and located on
substantially smaller lots, creating a stark contrast with the established character
of the area. The proposed separation between existing and new homes is not a
meaningful buffer, as it largely consists of a private road, sidewalk, setbacks, and
minimal landscaping. In addition, mature trees currently provide important
screening and neighborhood character, yet they could be permanently impacted
by construction. Residents have consistently opposed this proposal for more than
two years, and the fundamental concerns regarding height, density, buffering, and
compatibility remain unresolved. The Wheat Ridge Comprehensive Plan calls for
a peaceful transition between developments, and this proposal does not achieve
that goal. Please listen to the residents most directly affected and vote NO on the
rezoning request.
Andrew Zehler Aug 10, 2026 ∙ 10:06am As a newer resident at 12081 W. 54th
Avenue, I had just moved out of Denver due to some of the construction types as
noted in this plan (large boxy buildings that degrade the character of the
neighborhood). I believe that the height of these structures, parking and traffic
issues, and lack of proper setbacks and greenspace make it an easy no vote for
the council. Zoning regulations are in place for a reason and I don't understand
why this property should be able to get those changed in the name of developer
profit. If they want to construct a new development then they can maintain the
current height regulations. My kids bike around this area and the increased traffic
on 52nd would definitely make me think twice about letting them bike in that area.
Do the new residents at this proposed complex have friends/family? I would
assume so, but where will they park? A 5' setback for this development also
seems absurdly low and would not allow near enough landscaping to help hide
this eyesore.
Irene Grundin Aug 10, 2026 ∙ 9:46am We are members of this community. We are
writing to oppose this rezoning ahead of Monday’s vote. This rezoning affects the
community that we have chosen to be a part of. This area is a quiet, established
community that is increasingly rare to find in the Denver metro area. We want to
preserve this neighborhood. This rezoning decision doesn’t just affect this parcel
of land. It tells every future developer how much the can Maximus height and
density. We are asking the city council to weigh that permanence carefully before
voting on a project that the people most directly impacted have consistently and
clearly said the do not want. Please vote no! Pete and Irene Grundin
Rhylae LaBrec ∙ Aug 10, 2026 ∙ 5:36am I am Rhylae LaBrec, co-owner of 5280
Tabor Street. Our property shares the west boundary of this site. I am writing in
opposition and asking Council not to approve this rezoning tonight as written. I
want to make one narrow point, from where we actually live. Right now our back
yard looks onto open pasture. Under this plan it will look onto the back walls and
garages of new homes and a 24-foot private drive running along our rear lot line
— headlights and pavement where there is now open land. The new homes face
inward onto a private park. We get the driveway. Whatever the density works out
to on paper, that is the trade being made at our boundary, and it is being made in
one direction. I would also ask Council to consider the horse property immediately
east. It is a working boarding and training operation with a riding arena. Horses
and heavy construction next to each other for months is a real welfare question,
not a decorative one, and I have not seen it addressed anywhere in the record
beyond a fencing note. Please consider how this will be addressed further as it is
an issue of animal welfare as well as a local business being deeply affected. I
understand Wheat Ridge needs housing, and I am not asking Council to leave this
land empty forever. I am asking for two specific things that cost the applicant
nothing it has already promised the public: First, write 14 on the ODP. The
applicant's own website markets this as 14 homes. The ODP being voted on
tonight permits 18, and lets the applicant choose between the two sketch plans
"dependent upon market conditions." If 14 is the plan, make 14 the maximum.
Otherwise the neighborhood was shown one project and the land is being zoned
for another. Second, hold the homes along our west and north boundary to two
stories and about 28 feet. Our neighborhood is built at roughly 28 feet. Thirty-five
feet is the most the charter allows without a vote of the people, and nothing
obliges Council to grant the ceiling directly against houses half a story shorter. If
Council cannot condition it, I would ask that it be denied. Thank you for your time.
clay labrec ∙ Aug 10, 2026 ∙ 3:17am I am Clay LaBrec, owner of 5280 Tabor Street,
an adjacent property owner on the development's west boundary in Rainbow
Ridge Filing No. 2, and a party to the protest on file. I submitted written comment
on this case to the Planning Commission on June 18 and am resubmitting it,
updated for this hearing, for the Council record. I respectfully ask Council to DENY
this rezoning on second reading. It does not meet the zone-change criteria. As
staff notes on this item, the legal protest has been submitted and verified, so
approval requires at least six affirmative votes. 1. Incompatible with the
surrounding area. To the west are established single-family homes on 7,500 sq ft
lots, built around 1980, none taller than about 28 feet. To the east is a working
horse stable and open pasture; to the north, more homes and undeveloped open
land. The proposal — up to 18 detached homes at 35 feet and three stories on
5,000 sq ft lots, in two rows turned inward — is denser and taller than the suburban
neighborhood to the west and more built-up than the rural, equestrian land to the
east. It is congruent with neither. 2. The design pushes its impacts outward onto
existing neighbors. The homes face inward to a private pocket park, while their
backs, garages, and a 24-foot private drive face outward at my rear lot line. My
home already fronts Tabor Street; this plan would impose a second street-like
condition — pavement, headlights, and garage walls — against my backyard,
where there is now open land. The amenity is kept inside for the new residents;
the traffic and bulk are exported to the people already here. That is not a
compatible transition between a neighborhood and a new development. 3.
Minimum lots, minimum setbacks, maximum height — stacked together. With 5-
foot side setbacks on a 50-foot-wide lot, a home can span 40 feet of that width,
rising three stories to 35 feet, on a 5,000 sq ft lot. Set against the neighboring
7,500 sq ft, single-story and split-level homes, that is a fundamentally different
and incompatible scale. 4. The advertised density understates the reality. Spread
across the whole 4.97 acres the project reads as 2.8 units per acre, but on the
2.10 acres of actual residential lots it is 6.7 units per acre at 14 homes — and 8.6
at 18. 5. Bind the count to 14. The ODP states 14 dwelling units maximum, yet the
notice for this hearing still describes "up to 18." This was raised at Planning
Commission and remains unresolved. If 14 is genuinely the plan, capping the
approval at 14 costs the applicant nothing; preserving an 18-unit ceiling reserves
headroom for 29% more density, and ODP standards run with the land regardless
of the current concept. 6. The PA2 "common area" entitlements are open-ended
and permanent. They run with the land far beyond what today's concept
illustrates, and should be defined and narrowed before any approval. 7. Drainage
is unresolved. The Wannamaker Ditch and its headgate condition are deferred to
a later plan rather than addressed now. For these reasons the application should
be denied. If Council nonetheless approves it, the approval should at minimum be
conditioned on: (a) a hard cap of 14 dwelling units; (b) homes abutting the
Rainbow Ridge boundary limited to two stories and about 28 feet, with no rooftop
decks facing the west or north property lines; (c) an enlarged setback and
landscaped buffer where the private drive abuts the west boundary; (d) PA2
permitted uses defined and narrowed; and (e) drainage resolved before approval
rather than deferred. Thank you for considering these comments.
John Wabiszczewicz ∙ Aug 10, 2026 ∙ 12:37am The project as proposed is not
compatible with the surrounding neighborhood and does not meet the standard
of peaceful coexistence. However, with the following modifications described
further in the attached file, I would support this project to be approved by City
Council: -Density: Drop # from 18 to 12 -Height: Lower from 35' to 28' -Landscape
buffer between properties: Increase to 15' from 5' -Fence: Solid fence between
properties
Sara Hatayama Aug 9, 2026 ∙ 10:16pm I write as the owner of the horse property
immediately adjacent to the East of the property in question. My husband, two
kids and I run our horse business, with 17 horses currently on the property, and a
community of nearly 100 individuals - many of whom live nearby - who find solace
in enjoying time with horses. Our barn offers the unique advantage of benefiting
people who live in the metro area easy access the horses. Our barn aims to be a
safe haven and respite from the busy world, making horses accessible to diverse
backgrounds in a multitude of income brackets. Our regular riders range in age
from 5 to 80, and we have a large youth program full of kids who just don’t feel
they belong in other places. The proposed rezoning and subsequent development
poses an immediate and imminent threat not only to my livelihood as a horse
facility, but also to the safety of every person who comes to enjoy the horses. For
those who may be unfamiliar with horses, they are 1000lb prey animals with a
strong flight-or-fight instinct. When they hear the sudden noise of a vehicle
whizzing by, or see sudden movement, they spin and bolt. When they experience
the constant sound of construction equipment, they are put under immense
stress making them kick out and more likely to spook or to fall ill. If a rider is on
the horse’s back during these events, that persons lives are in danger. Falling from
a horse can cause brain damage, broken bones, and set-backs in a person’s
confidence. It is my job as a riding instructor and horse-property owner to do
everything I can to mitigate these risks. We require all riders to wear helmets, we
take extreme precautions to ensure our horses are as stress-free as possible, we
ask that drivers entering the property not exceed 5mph, we don’t allow dogs, and
children are required to move slowly and speak softly. ALL of this goes out the
window the moment we have a residential street running right next to our riding
arena, as the planned development calls for. The construction process will very
seriously hurt my business. The development architect has had horrible and
dishonest communication with us already, causing sudden changes in schedule
and a loss of income to myself and the other instructors at my facility. I fear our
barn will not be able to survive this huge redevelopment. Or maybe that’s the goal
- to push all agriculture out of Wheat Ridge? It seems that way to me and to our
many neighbors who come for barn open houses and movie nights. There
certainly is not a need for more housing with so many new apartment buildings
going in nearby. Rezoning of this property is simply not necessary. Multiple
million-dollar homes can be built for profit without doing so - perhaps with the
addition of a park and community space that everyone can enjoy. By changing the
zoning on this property, you are choosing to remove one more piece of what
makes this area so special. Yes, you might miss out on some new tax income, but
I can guarantee that changing from the current agricultural zoning which allows, I
believe 7 homes, to 18 homes which will likely each sell for 1M, does nothing to
solve any sort of housing crisis and does nothing to promote housing equity.
Maintaining the agricultural zoning would provide the ability to consider a public
use space - a park with walking paths, for example, since the large recent
development to the South does not have access to a park. In fact, the current
pathway on 52nd which allows so many people to get to a playground, is only in
place because our previous property owner gave the land as open space to the
city of Wheat Ridge with the legal promise that it would remain open space and
not be turned into a street. We BEG that if the zoning goes through, there be a
stipulation that a much larger and solid horse-safe wall with a berm-type buffer
goes up BEFORE construction begins. I also plead that we kindly be notified
before construction begins, in order to minimize risk for our riders.
Mary Morley Aug 9, 2026 ∙ 7:26pm Hi! I lived in Wheat Ridge for 20 years and I
really like this plan! I live in Littleton now, but I still care about this community
because it is where my parents live and I visit there every week. I think this
development is a great way to add beauty to the community both with the
architecture and gardens on the property. I also think the layout for the parking in
the new development is thoughtful and considerate to existing neighbors. This is
what developments in our communities should be like!!
Adam Schneider Aug 9, 2026 ∙ 5:56pm As a resident of the adjacent Rainbow
Ridge neighborhood, I am writing to formally request that City Council reject Case
WZ-24-09 in its current form or require mandatory, enforceable text amendments
to the Outline Development Plan (ODP) prior to any approval. The adjacent
residents at Rainbow Ridge and surrounding properties have dutifully and in good
faith participated in this public process for over two years, offering constructive,
thoughtful feedback to improve this development. Unfortunately, these
community concerns and specific suggestions have been completely ignored by
both the developer and planning staff. The staff memorandum fails to
acknowledge or address these persistent neighborhood concerns, treating citizen
input as if it did not exist. This total lack of engagement directly undermines the
principle of meaningful public participation in land-use decisions and violates the
spirit of "peaceful coexistence" guaranteed under the Wheat Ridge City Plan. To
be completely clear: we are not asking to stop development. We fully understand
that growth is both a reality and progress for Wheat Ridge. I am pro-development,
and our neighborhood is simply asking for true collaboration on what gets
approved so that the project supports genuine coexistence on all sides. It is
beyond disappointing that despite our active participation, the Planning
Commission refused to incorporate even a single fundamental safeguard into the
ODP text. Factually, there is not a single three story walk up- home on this side of
52nd Avenue bordering this site. Yet, the ODP permits 35-foot building heights
and three-story profiles (including living-space attic dormers) directly against
established 28-foot maximum, one- and two-story homes. Allowing homes that
could max out at roughly 6,000 square feet directly against our property lines
creates a severe bulk and height mismatch. To ensure compatibility under Section
26-303, the perimeter height directly adjacent to established homes must be
strictly capped at 28 feet and 2 stories. Additionally, the proposed perimeter
setbacks and driving lane placement are in stark, unacceptable contrast to the
established surrounding neighborhood. Forcing an active vehicular driving lane
onto a narrow outer strip against existing backyards creates continuous noise,
exhaust, and light spillover. The developer could easily adjust internal lot depths
to create a meaningful, proper setback for these outer drive roads without
disrupting the project's financial feasibility. A minimum 15-foot dedicated,
landscaped bufferyard completely separate from the driving lane and planted with
dense screening vegetation must be legally required within the ODP text. Finally,
city staff and the developer must stop dismissing our neighborhood's input
simply because Rainbow Ridge sits across the municipal boundary line. While our
subdivision happens to hold an Arvada mailing address due to geographical
borders, the reality on the ground is that we are an active, deeply invested part of
Wheat Ridge. Our families participate in Wheat Ridge water and sanitation
districts, contribute to Wheat Ridge parks and recreation facilities, and support
Wheat Ridge local businesses every single day. Simply because this portion of
Wheat Ridge is bordered by Arvada on two sides does not give the city or the
applicant a free pass to blatantly disregard compatibility with existing homes. Our
property lines share a direct border with this site, our backyards bear the direct
impacts of this ODP, and our formal comments deserve equal weight and respect
regardless of our zip code. The City Council has a responsibility to ensure that a
Planned Residential Development (PRD) delivers a high-quality project that
respects its neighbors, rather than simply maximizing a developer's yield at the
neighborhood's expense. I urge City Council to vote NO on Case WZ-24-09 unless
these reasonable height and buffer protections are explicitly codified into the ODP
text.
Melissa Kaltenbach Aug 9, 2026 ∙ 5:31pm As a long-time resident of the Rainbow
Ridge area, this is my first public comment regarding this case. After following
the development process and listening to neighboring residents for more than
two years, I respectfully ask the City Council to vote NO on this proposal as
currently designed—or, at minimum, require the outstanding concerns to be
resolved before approval. This is not an argument against growth or development.
It is a request for responsible development that protects existing residents,
businesses, public safety, and the character of our community. 1. Traffic and
Road Safety The two proposed entrances appear unusually close together, and
the western entrance does not align with Swadley Street. This raises legitimate
concerns about traffic flow, pedestrian safety, and driver confusion. The
surrounding area already has a history of traffic and safety concerns, including
issues near 52nd Avenue and Tabor Street and multiple accidents. The City
should learn from those experiences rather than approve a road configuration
that could create additional problems after construction. Before approving this
project, the Council should require a clear explanation of why this configuration is
necessary, what alternatives were considered, and what engineering analysis
demonstrates that it will be safe. 2. Protect the Working Farm and Horses to the
East The property immediately east of the proposed development remains
agricultural and is an active working farm with horses. This is an existing
business—not simply vacant land. The proposed roads and increased traffic will
bring vehicles, noise, and activity much closer to the pasture. Horses can be
frightened by sudden noise and traffic, creating potential safety concerns for the
horses, riders, surrounding residents, and drivers if a horse were to escape onto
a roadway. What specific measures will be required to protect this business, the
horses, and the people using the surrounding roads? At a minimum, the developer
should demonstrate how adequate separation, buffering, fencing, and traffic
protections will be provided. The continued safe operation of an existing business
deserves meaningful consideration in the City's planning process. 3. Residents
Have Made Specific Requests That Remain Unresolved Residents have
participated in this process for more than two years and have made specific,
reasonable requests. Three important protections have not been incorporated: 1.-
28-foot maximum building height to match the existing neighborhood standard;
2.-15-foot minimum landscape buffer to create meaningful separation and move
the active loop road farther from existing property lines; and 3.-mandatory,
developer-funded 7.2-foot privacy fence written directly into the ODP text. These
are measurable protections intended to reduce the project's impacts. They do not
prevent development. If the developer or City believes these requests are
unreasonable, residents deserve a substantive explanation as to why. Public
participation should mean more than giving residents an opportunity to speak.
Their concerns should be meaningfully considered and addressed in the final
decision. 4. Environmental and Wildlife Concerns This area has historically
included significant open and agricultural land and provides habitat for owls,
birds, and other wildlife including bald eagles. Before additional open land is
converted to roads and development, the Council should understand what habitat
will be lost, what wildlife impacts have been evaluated, and what mitigation will
be required. Growth should not mean that existing residents, businesses,
agricultural operations, wildlife, and open space simply absorb the consequences
without meaningful consideration. Please Vote No Until These Issues Are
Resolved Once roads are built, homes are constructed, and open space is lost,
these decisions are extremely difficult to reverse. I respectfully ask each Council
member to consider whether this proposal has adequately addressed: -Traffic
and road safety; -Protection of the existing working farm and horses; -The 28-foot
building-height request; -The 15-foot landscape buffer; -The developer-funded 7.2-
foot privacy fence; -Neighborhood concerns raised over the past two years; and -
Environmental and wildlife impacts. If these concerns have not been adequately
resolved, the responsible vote is NO—not yet. A vote against this proposal is not
a vote against Wheat Ridge's future. It is a vote for responsible planning, public
safety, meaningful public participation, and protection of the residents and
businesses that are already part of this community. Please do not simply
acknowledge these concerns. Require them to be answered and addressed
before approving this development. Thank you for your consideration and for your
service to the Wheat Ridge community. Melissa Kaltenbach Long-Time Rainbow
Ridge Area Resident Arvada/Wheat Ridge
Jamie Barrutia Aug 9, 2026 ∙ 2:43pm To the Members of the Wheat Ridge City
Council, Please accept this public comment and the attached photographic
exhibit into the official record for the August 10, 2026 hearing regarding Case No.
WZ-24-09. I respectfully ask Council to vote NO on the current Outline
Development Plan (ODP) until fundamental safety, scale, and compatibility
standards are mandated. 1. Constructive Engagement, Not NIMBYism Our
community's opposition is not a case of "NIMBYism"—we recognize that this 4.97-
acre parcel will be developed. Our goal throughout this two-year process has been
to collaborate with the City and the applicant to achieve what staff’s memo
promises: a high-quality Planned Residential Development (PRD) that integrates
safely into the neighborhood. Seeking baseline compatibility standards is
standard land-use planning, not opposition to growth. 2. Over Two Years of
Citizen Input Ignored For more than two years, adjacent residents have
participated in good faith, offering concrete suggestions regarding height
transitions, landscape buffers, and road alignments. Regrettably, neither staff nor
the applicant has incorporated or acknowledged a single piece of neighborhood
feedback in the official record. Disregarding community input entirely defeats the
purpose of the public planning process. 3. Severe Height & Massing
Incompatibility (35' vs. 28') The proposed 35-foot maximum building height is
incompatible with the surrounding context. The established neighborhood
directly to the west operates under a strict 28-foot height limit. Allowing a 35-foot
limit—combined with a 2,000 sq. ft. building footprint and flat-roof architectural
designs—yields massive structures up to ~6,000 square feet. As shown in the
attached Exhibit, placing 3-story box structures directly behind 1- and 2-story
homes creates an abrupt, towering visual wall right along our border, clashing
directly with adjacent homes in both Rainbow Ridge and Haskins Station. The
2025 City Plan specifically mandates "Peaceful Coexistence" for transitional sites;
granting a 35-foot height allowance fails that standard. 4. Documented Traffic
Hazards & Unaligned Access Points The proposed ODP layout places two entry
drives in close proximity, with an unaligned west entrance at Swadley Street that
creates an unsafe intersection on a corridor with no sidewalks. As documented
in Section 1 of attached Exhibit A, our immediate neighborhood has already
suffered extensive property damage—including run-over medians, struck light
poles, destroyed landscape boulders, crushed park benches, and damaged
retaining walls—due to increased traffic flow from recent area development.
Approving an unaligned, high-density access loop directly compounds these
existing safety hazards. 5. Site Management & Code Compliance History Under
PRD evaluation criteria, Council must consider whether a development promotes
the public health, safety, and general welfare. As documented in Section 2 of
attached Exhibit A, the current property owners and proposed developers of this
land have demonstrated a concerning lack of land stewardship over the past two
years they have owned. So much so, the site has required City of Wheat Ridge
Code Enforcement intervention and abatement for blight, refuse accumulation,
uninhabitable structures, and hazardous unpermitted electrical wires running
across open ground, etc. Granting customized PRD zoning flexibilities without
strict, enforceable site conditions is unwise given this compliance track record.
Please exercise your legislative authority tonight. We ask that Council vote NO on
this ODP unless and until the building height is capped at 28 feet, access
alignments are corrected, and true buffering standards are secured for our
neighborhood. Respectfully submitted, Jamie Barrutia
Geoffrey Burg Aug 9, 2026 ∙ 2:41pm Concerns about the Traffic and Road Entry
Alignment: • The two access points created by the loop road are dangerous. They
add two “T” intersections with blind corners where they aren’t necessary. Exiting
the driveway at 5190 Swadley Street and 5185 Simms Place onto 52nd Avenue
would be especially dangerous. Between Tabor Street and Simms Place, 52nd
Avenue would have 3 access points on the north side and 4 access points on the
south side – far too many for such a short distance! • 52nd Avenue as well as the
new loop roads shown in the developer’s submittal are not full size residential
streets. This will cause problems with truck accessibility (construction trucks,
moving trucks, utility trucks, fire trucks, etc.) • We already have a history of
property damage issues from truck inability to navigate turns from and to 52nd
Avenue. The addition of two additional “T” intersections in this neighborhood
would only make this situation worse. • The original plan presented had Swadley
Street extended up the middle of the development on a full sized residential street
with a cul-de-sac. This is the safest alternative for adding new 52nd Avenue
access to the new development. • The loop road is not required by any service
provider (water, fire, Xcel). It’s the choice of the developer in response to concerns
by Rainbow Ridge. Don’t force the residents of the area to live with bad
intersection designs that are not really required by the utilities. • Rainbow Ridge
expressed the concerns that led to the creation of the loop road to gain separation
from the new houses along their back lot lines. These same people are now
asking the loop road to be removed from the plan. Please consider the wishes of
the neighborhood.
Connie Burg Aug 9, 2026 ∙ 2:40pm Concerns about the Traffic and Road Entry
Alignment: • The two access points created by the loop road are dangerous. They
add two “T” intersections with blind corners where they aren’t necessary. Exiting
the driveway at 5190 Swadley St would be especially dangerous. Between Tabor
St and Simms Pl, there 52nd Ave will have 3 access points on the north side and
4 access points on the south side – far too many for such a short distance! • The
traffic study completed in this area in 2025 should be reviewed – excess speeds
on 52nd are a problem and adding more intersections create a safety hazard for
residents. • The loop road is not required by any service provider (water, fire, Xcel).
It’s the choice of the developer in response to concerns by Rainbow Ridge. Don’t
force the residents of the area to live with a bad design that’s not required. • The
original plan presented had Swadley Street extended up the middle of the
development and new home foundations 10 feet off the fence line of the Rainbow
Ridge homes. • Rainbow Ridge expressed the concerns that led to the creation of
the loop road. These same people are now asking the loop road to be removed
from the plan. Please consider the wishes of the neighborhood. • If arriving at an
acceptable design means the development won’t be profitable for the developer,
maybe this isn’t the right location for this developer to pursue. • When Arvada was
developing Haskins Station, the owner of the horse property requested single
story homes be built adjacent to her property and the developer agreed. • It’s time
for this Wheat Ridge development to reciprocate and build single story homes
with full basements adjacent to Rainbow Ridge. • We have heard that the water
table is too high on this property to accommodate basements. If it’s ok to have
basements east of the horse property, it should be ok to have basements west of
the horse property. • The City of Wheat Ridge should request to see the
engineering study that shows the water table is too high for basements and not
just accept the word of the developer/architect who has proved to be less than
trustworthy throughout this process. • Please help us maintain the quaint nature
of our little corner of the world and not allow monstrosities to be built on this
property.
Ross and Marie Fellenstein Aug 9, 2026 ∙ 1:49pm We are writing to urge you to
deny the re-zoning request of 5225 Swadley Street from Agricultural-Two (A-2) to
Planned Residential Development (PRD). The developer is requesting a 35-foot
height for their proposed houses. This is incompatible with the 28-foot height
limitation for surrounding neighborhood homes, many of which are only single
story. This proposal directly violates the newly adopted Wheat Ridge City Plan by
failing to provide height compatibility between surrounding established
neighborhoods and this dense proposed development. Additionally, the proposed
race-track style loop is incompatible with the surrounding, existing street design.
It does not adhere to the Wheat Ridge Code Enforcement Sec. 26-412, C-1 which
states: “The proposed street layout shall provide for the continuation of existing,
planned or platted streets in the surrounding area…all public streets shall be
designed and constructed according to the city's current design.” The proposed
race-track loop would border neighborhoods to the west and north as well as
Hidden Lane Stables (a Wheat Ridge business which provides horse boarding,
training and riding lessons) to the east. The street design is wholly incompatible
to both. Obviously, the location and nature of the proposed race-track loop would
unreasonably disturb the comfort, peace, and health of those in the surrounding
areas (see Chapter 15 of the Wheat Ridge Nuisance Code). Lack of a Traffic
Impact Study is an additional concern. The applicant is required to submit a
Traffic Impact Study when a new development is anticipated to generate 60 or
more trips daily. No impact study has been completed and/or communicated to
us. According to data from the Bureau of Transportation Statistics, a typical
single-family household averages approximately five to six vehicle trips per day.
Based on this statistic, the proposed development is projected to generate more
than 60 trips daily affirming the requirement of a Traffic Impact Study. Due to
reasons stated above, we urge the Wheat Ridge City Council to deny the rezoning
request for the property located at 5225 Swadley Street in Wheat Ridge (Case WZ-
24-09). Thank you, Ross and Marie Fellenstein
Stan Armstrong Aug 9, 2026 ∙ 11:05am TO WHEAT RIDGE CITY COUNCIL: My
husband, Stan Armstrong, and I have lived in Rainbow Ridge since it was first
developed. Our address is 5290 Tabor Street. We are original owners in the
neighborhood, having moved into our home in December, 1978. During the last
forty-eight years of living in this corner of Arvada, we have seen many changes,
such as the llama field being turned into townhomes, Tabor Street south of 52nd
having bumper to bumper vehicles parked along the east and west sides of the
street, and traffic along Ward Road to be at capacity during busy times of the day.
While we have always expected development to occur in the fields behind us, we
have also always hoped it would be a development consistent with the
surrounding area. The development plans that we have been given are not
consistent with the surrounding area. These plans indicate that the homes will be
three stories high and there will be an alley/private drive directly behind our fence
along our backyard where trash trucks, delivery trucks, mail trucks, etc. will be
driving directly along our fence and removing the quiet enjoyment the houses
along Tabor Street have enjoyed for decades. There appears to be no provision
for extra parking in the development, which will undoubtedly require vehicles to
be parked against the fences along the back of the Tabor Street houses, or lined
up along the front of the Tabor Street houses north of 52nd like they are lined up
along Tabor Street south of 52nd. We request that the Wheat Ridge City Council
deny the application until the developer will reduce the height of the structures to
28 feet, provide a landscaped buffer around the perimeter of the development and
provide the required fencing. The thought of losing the quiet peacefulness that
we have enjoyed for so many years is very sad to us. While the proposed
development will impact the houses along Tabor Street and W. 53rd Place the
most, it will have an impact on the entire Rainbow Ridge neighborhood, as well as
the Wheat Ridge neighborhood south of 52nd on Simms and Swadley. Please be
very mindful of the impact this requested development will have on the
surrounding areas and we request that you deny the plans in their current form.
Thank you. Bette Bushell
Julie and Jared Hill Aug 9, 2026 ∙ 8:40am We are Jared and Julie Hill, and we live
at 5240 Tabor Street. Our property directly borders this proposed development.
While we have previously left comments with the Planning Commission, we
wanted to list a few items that should be strongly considered in making a decision
about this proposed development. We had planned on attending the hearing but
will be out of town. Although we have other issues with the proposed
development, the major issues are as follows: 1) Traffic / Parking for Guests /
Overflow / 2nd Vehicles: The two proposed entrances to the development are too
close to each other and create potential traffic issues. 52nd and Tabor is already
a scary intersection that has had many issues as cars constantly run that stop
sign. Multiple trucks have had accidents at this intersection by hitting Tabor
median/barrier. The new development would not only increase traffic, but the
PRD-ODP provides no extra parking on site for the homes proposed. This needs
to be required of them because of the impacts of extra vehicle parking on
adjacent streets- especially at W 52nd and Tabor which will be a problem for the
entire neighborhood. Additionally, this area already has a lot of pedestrians/dogs
and foot traffic (school kids walking to and from the bus stop), without sidewalks.
An additional development would just increase traffic and cause additional safety
risks for this area. – especially as there isn’t any way to expand the roads or add
sidewalks. 2) Architectural Character and Style / Building Height not Compatible:
The architectural drawings show that the homes will be modern styled, 3-story
walk-ups which is a home style that is completely incompatible with the
immediate neighborhood - which is a mix of ranch style and 2-story traditionally
designed suburban homes. Additionally, the 35' proposed height vs. 28' height is
a very important issue, and if the 35' limit is approved and built, it will only
exacerbate the difference in height of the buildings to the west and south of the
project. Additionally, with an allowed footprint of 2,000 square feet and a flat-roof
building, the size of the houses could max out at around 6,000 SF, which is
completely incompatible with all surrounding houses, including those at Haskins.
3) Fire Department Access Approval: We have yet to see any proof of access by
the local fire district in the proposal for the citizens to review. Adding this new
development, without proof that there is enough accessible water for
emergencies, is an important issue to consider. Without this, we feel that puts
existing neighborhoods at risk.
Jill Fricker Aug 8, 2026 ∙ 6:58pm I’m writing to oppose the rezoning at 5225
Swadley St (Case WZ-24-09). My concern is simple: the scale doesn’t fit. A 35-
foot height limit next to existing 28-foot homes, with reduced setbacks and
footprints that could reach 6,000 square feet, is not compatible with the ranch
and two-story homes surrounding this site. Neighbors have participated in this
process for more than two years and offered constructive suggestions, yet the
staff report doesn’t acknowledge any of it. A rezoning that ignores the people
most affected, and sets a precedent for every remaining open parcel around us,
shouldn’t move forward as written. I ask Council to vote no.
Karen Baer Aug 8, 2026 ∙ 4:07pm I am a neighbor to this proposed development,
living in Rainbow Ridge which abuts the property under requested rezoning.
Please say no to this request. 35ft height allowance and significantly smaller lots
are NOT in keeping with the existing surrounding residential buildings and will
allow these new neighbors to “peep “ into nearby backyards. Yuck! And the plan
to place roads right next to developed backyards is completely irrational and
disruptive to those who’ve owned their homes for decades with a quiet backyard.
This will clearly drop home values for them and for all of us in our community. No
developer has the right to come in and change the usefulness of existing
homeowners’ property and make their property less valuable.
Garry Duncan Aug 8, 2026 ∙ 4:01pm I am writing as a resident of Rainbow Ridge
to oppose the rezoning of 5225 Swadley Street, case WZ-24-09 for the following
reasons: Wheatridge states on the Executive summary page that the city’s goal is
“peaceful coexistence with existing neighborhoods” and that the city “wants to
see improvements between buildings and the curb and enhance the experience
in public places”. This proposal does neither. It is not compatible with existing
areas including Rainbow Ridge and Haskins. Wheatridge promised traffic
improvements after Parallel development but Tabor Street between 52nd and
44th remains rough and reminiscent of a 4-wheel road as does parts of Ridge
Road. The promise is not fulfilled. This development will only worsen existing
conditions. Light rail is a failed promise and RTD’s own numbers show the Gold
line has declined usage last reporting year over the previous year. No wonder.
Does it take residents to shopping areas, grocery stores, medical centers or
places of work other than downtown? Stop buying into the transit area density
nonsense. What open space or park areas does Wheatridge have north of I-70?
None I am aware of despite increased density building. Increased density lowers
property values, lowers quality of life and has been shown to increase depression
and crime. The height proposal of this zoning is not compatible. Thirty-five-foot
heights at the buffer level proposed will dramatically reduce morning sunlight on
adjacent homes. Similar light studies document this. Please reduce this proposed
height. The fastest growing segment of the population are seniors, many
candidates for co-housing. Stairs are a danger and not compatible with their
needs. Additionally, the buffer zone is not compatible or realistic. This is a
suburban community, not an urban city development. No one should be required
to live between two streets with car lights, noise, horns etc. Cohousing has it
disadvantages for its residents too beyond monetary issues, cohousing can also
be invasive and restrictive in regards to privacy and individualism. Each other’s
lives, private news and gossip can become common knowledge. Also, without
fences it is difficult to determine where one member’s property begins and ends,
and property appearance, must be agreed upon by the entire community in many
cases. Many issues prove to be troublesome because storage and garage space
are often either minimal or nonexistent. Please decline this rezoning and protect
nearby existing Wheatridge residents and those adjacent in Rainbow Ridge and
Haskins. We all visit Wheatridge merchants and restaurants, and ask for
protection of our property value and quality of life.
Harry Shriver Aug 8, 2026 ∙ 10:02am Harry Shriver & Irene Drabek, 5230 Tabor St.
As an over 35 year resident, I strongly recommend that the City of Wheat Ridge
vote NO on the 5225 Swadley St rezoning Case No WZ-24-09. The proposed plan
is not consistent with promoting the Health, Safety and Welfare of the citizens of
the existing neighborhoods and does not ensure quality development of the area.
The proposed building height of 35 ft rather than 28 ft is not consistent with the
bordering properties. The proposed 3 story walk up designs are not consistent
with the adjacent properties. The minimum set back of roads and buildings is not
consistent with the existing neighborhoods and good practices. All of these
negative factors are detrimental to the quality of the existing and proposed homes
and neighborhoods.
Danielle Dunn Aug 6, 2026 ∙ 9:25pm My name is Danielle Dunn. My property at
5310 Tabor Street in Arvada directly borders this development. My detailed
comments are in the Planning Commission record. These are the arguments I
believe deserve the council's closest attention. THE CHERRY-PICKING PROBLEM
No Wheat Ridge zone district permits 5,000 sq ft lots combined with 35ft height
limits for detached single-family homes — each of which may also include an
accessory dwelling unit. The developer cherry-picked the most aggressive
standards from across the zoning code to create a combination that doesn't exist
anywhere in the surrounding area. The nearby Haskins Station development
demonstrates compatible transitions are achievable — single-story homes were
built along the boundary with established neighborhoods. That precedent exists
right down the street. This developer chose not to follow it. That is a choice, not
a constraint. The 2025 City Plan designates this as a Transitional Area under
Special Case #3 requiring peaceful coexistence. This proposal doesn't meet that
standard. THE DENSITY COMPARISON IS MISLEADING The density analysis
compared the development's density at a site level — averaging units across
roads and open space — against Rainbow Ridge's parcel-level standard. No
standard zoning comparison works this way. If site-level methodology applies to
the proposed development, it must also apply to Rainbow Ridge — including its
roads and open space. That comparison was never made. A true lot-to-lot
comparison shows lots one third smaller and homes 25% taller. That is the
comparison that matters. THE LOOPED ROAD IS A DENSITY CHOICE The
Planning Commission accepted the looped road as a utility requirement. What
was not addressed is why — because the developer maximized 18 homes on a
constrained site instead of reducing density to allow a simpler road design. The
racetrack-style perimeter loop is a consequence of that density decision, not an
unavoidable site constraint. THE "39 FEET OF SEPARATION" CLAIM IS
MISLEADING The applicant claimed 39 feet of separation between the property
line and the nearest structure. Those 39 feet contain 5ft of shrubs, a 24ft active
private road, a sidewalk, and a building setback. The actual vegetated separation
is 5 feet. Vegetation absorbs sound, blocks light, and provides visual screening.
A road does the opposite — it reflects sound, amplifies light, and generates the
noise and activity that buffering is meant to protect against. The City Plan calls
for trees and landscaping to achieve peaceful coexistence. Five feet of shrubs
next to an active road does not meet that standard. A road is not a buffer. A road
is what you buffer from. THE ROAD THREATENS EXISTING MATURE TREES The
mature trees on Rainbow Ridge properties are the only meaningful screening
along this boundary. Their root systems extend beyond the property line into the
construction zone. According to Colorado State University Extension, soil
compaction from construction traffic can cause tree death — with decline
appearing gradually over years. Once lost, these trees cannot be replaced. Council
should require an independent arborist assessment before approving zoning that
could permanently destroy what took decades to grow. REDUCING THE NUMBER
IS NOT THE SAME AS MEETING THE STANDARD The Planning Commission was
persuaded that reducing from approximately 40 units to 18 demonstrated good
faith. Council should not accept that framing. Starting with an inflated number
and reducing it is a negotiating tactic — not responsiveness. The neighborhood's
concerns about height and density were never resolved. The developer made
surface-level adjustments to create the appearance of engagement while leaving
the core incompatibilities intact. The homes are 35ft tall — 25% taller than the
surrounding neighborhood — on 5,000 sq ft lots, one third smaller than Rainbow
Ridge. This is the appearance of responsiveness, not the substance of it. Council
should not be satisfied with one without the other. THE COMMUNITY HAS
SPOKEN CLEARLY This proposal has been actively opposed for over two years.
Over 50 formal opposition comments were submitted. A validated rezoning
protest was triggered. Not a single community member has come forward in
support — only the developer. City Council members are elected to represent their
constituents. The people most directly impacted by this decision have spoken
consistently and clearly. That is not something council should dismiss. 18 homes
will not meaningfully address Wheat Ridge's housing needs. But they will
permanently degrade the quality of life of the residents who border this site. The
zoning decision made tonight stays with this land forever. The bar for approval
has not been met. Vote no.
Lauren Dauer Aug 6, 2026 ∙ 9:09pm As a local Rainbow Ridge resident, I am now
commenting on this subject for the first time as this greatly impacts our long time
Arvada community and residents. Seeing the proposed redevelopment of the area
brings up significant concerns for our household. The most significant concern is
safety around increased traffic and lack of public concern around speed and
inadequate proposed parking. Over the last 5 years we have seen a significant
increase in speed and careless drivers in our neighborhood. Raising two children
on Tabor St we are very concerned for our children’s safety on and near the roads.
The proposed development will only increase traffic and safety concerns with
individuals using our neighborhood as a cut through to 52nd and Ward. Parking
is always a premium and this new redevelopment will be no different. If approved
the parking needs to be re-reviewed and updated to account for additional parking
spots. Increased traffic and lack of parking does not mix well with a long
established community with many active young children playing in the
neighborhood. I would also like to state that I do not agree with the design of the
proposed development. The modern/cookie cutter drab design will only take
away from our custom built homes and charming neighborhood. It leaves our
neighbors with nothing appealing to marvel at and takes away from the Arvada
charm we moved here for. I understand development is in our future, but please
reconsider the overall design and proposed parking structure and safety impacts
this will have on our well established rainbow ridge community. Thank you!
Patty Davis August 10, 2026, 12:51:43 Good afternoon, This is my first time
contacting city officials regarding an area of concern in our neighborhood. I am
writing specifically about the proposed development for Case WZ-24-09 —
Wheat Ridge Station Village at 5225 Swadley Street. Our single-story ranch
home, 5210 Tabor Street, directly borders the proposed Wheat Ridge Station
Village development. Although our ZIP code places us within the City of Arvada,
our water services, recreation, and community involvement are closely
connected to the City of Wheat Ridge. Over the past six years, more than 657
homes and residential units have been built within a two-mile radius of Rainbow
Ridge in both Arvada and Wheat Ridge. We strongly oppose the current
development plan because we do not believe it adequately protects the health,
safety, privacy, and quality of life of existing neighboring residents. The location
and design of the proposed loop road would unreasonably affect the comfort,
peace, and safety of surrounding properties. Most concerning, the west loop
entrance would be directly behind our bedroom, effectively creating a third street
immediately surrounding our home. Our immediate neighborhood has already
experienced extensive property damage associated with increased traffic from
recent area development, including run-over medians, struck light poles,
destroyed landscape boulders, crushed park benches, and damaged retaining
walls. Approving an unaligned, highdensity access loop would compound these
existing traffic and safety concerns. The school bus stop is at 52nd and Swadley
where the kids congregate to wait for the bus. The safety concerns with the
increase in traffic on our small residential roads are significant. Additionally, the
loop road does not appear to be required by any service provider, including
water, fire, or Xcel Energy. The proposed five-foot buffer adjacent to the loop
road also does not appear sufficient to protect the longevity of the mature trees
and established landscaping along the development's border. For more than two
years, adjacent residents have participated in discussions regarding this
development in good faith. We have offered concrete suggestions concerning
height transitions, landscape buffers, and road alignment. Unfortunately, our
concerns and recommendations do not appear to have been incorporated into
the official record. For these reasons, we respectfully request that the proposal
not be approved in its current form. At a minimum, the City should require
enforceable conditions addressing the project's impacts on traffic and
pedestrian safety, privacy, sunlight, noise, nighttime glare, and the peaceful use
of existing residential properties. At a minimum, approval should include: A
maximum building height of 28 feet; A 15-foot landscaped perimeter buffer;
Substantial privacy fencing along the residential boundary; Upper-floor setbacks
and appropriate screening; Strict lighting and nighttime glare controls; and
Completion and public review of the required traffic, sight-distance, shadow, and
photometric analyses. Ideally, the development would utilize the existing
Swadley Street access rather than introduce the proposed loop road, while
incorporating the other protections and conditions outlined above. We
respectfully ask the City to carefully consider the direct and cumulative impacts
this project will have on the existing residents who live immediately adjacent to
the proposed development. We appreciate your time, consideration, and
attention to the concerns of the surrounding community. We ask that Council
vote NO on this ODP unless the above-mentioned conditions are included.
Matthew Dunn August 10, 2026, 10:24:59 am Dear Wheat Ridge City Council
Members, My name is Matthew Dunn, and I live at 5310 Tabor Street in Arvada.
My property directly borders the proposed development at 5225 Swadley Street
(Case WZ-24-09). I am writing to express my opposition to the current proposal.
My primary concern is the inclusion of 35-foot, three-story homes along the
existing neighborhood boundary. These homes are not compatible with the
surrounding community and would directly overlook neighboring backyards,
creating significant privacy concerns. Similar developments, such as Haskins
Station, used single-story homes as a transition buffer between existing
neighborhoods and taller homes. The developer has had opportunities to make
similar adjustments here but has chosen not to do so. I am also concerned about
the proposed loop road and the lack of a meaningful buffer between the
development and existing homes. The current plan appears to count the road as
part of the buffer, but a road does not reduce noise and light pollution. Instead, it
introduces additional traffic, noise, light pollution, and two new intersections in an
area that already experiences traffic safety issues. The road primarily appears
designed to maximize the number of homes rather than benefit the surrounding
community. Finally, I question the community need for this specific plan. The
significant public opposition, including the petition that triggered the
supermajority requirement, demonstrates that many residents believe the
proposal prioritizes developer profitability over neighborhood compatibility. To be
clear, my neighbors and I are not opposed to development of this property. We
recognize that growth is inevitable and we support responsible development.
However, the current proposal does not provide an appropriate transition between
the new development and existing neighborhoods. Meeting the minimum
requirements of the PRD does not necessarily create a plan that is compatible
with or respectful of the surrounding community. I respectfully ask that the City
Council reject the current proposal and encourage a revised plan that better
addresses neighborhood compatibility, privacy, traffic impacts, and meaningful
buffering. Thank you for your consideration.
CONSENT AGENDA
None
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
1. Council Bill No. 15-2026
Title: An ordinance approving the rezoning of property located at 5225
Swadley Street from Agricultural-Two (A-2) to Planned Residential
Development (PRD) with approval of an Outline Development plan
Issue: The applicant is requesting approval of a zone change from
Agricultural-Two (A-2) to Planned Residential Development (PRD) with an
Outline Development Plan to facilitate the development of up to 18 single unit
dwellings on the 4.97-acre property located at 5225 Swadley Street. A legal
protest has been submitted and verified, so the zone change will require at
least six affirmative votes by City Council for approval at second reading.
Councilmember Okada read the Title and Issue into the record.
Mayor Stites opened the public hearing
Public Comment:
Ascenzo DiGiacomo - addressed the council in a professional capacity,
expressing confidence that at least three council members would vote to deny
the application. He raised a specific planning objection: the proposed north-
south lot orientation results in front setbacks running along the north or south
sides of each lot, which he argued is incongruous with standard planning
practice and potentially inconsistent with the city's land use code definition of
a front setback, presenting a basis for legal challenge.
Janeece Barutia - introduced the collective neighborhood presentation, clarifying that
residents were not opposed to development in principle, but that two years of
engagement had not resulted in any meaningful incorporation of their feedback. She
raised concerns about height compatibility with the adjacent 28-foot Arvada
neighborhood, the inadequacy of a 5-foot landscape buffer, and the alignment and
safety of the two proposed access drives relative to Swadley Street.
Greg Hatayama - expressed nervousness but appreciated the forum. He
raised concerns about the long-term impact of the loop road's proximity to
existing mature trees, noting that root systems can extend as far underground
as the visible canopy, and asked council to request a cross-section diagram
before making a decision.
Patty Davies - described existing traffic and property damage in the
neighborhood resulting from recent nearby development. She challenged the
stated need for the loop road, citing confirmation from the fire marshal that it
was not required for fire service. She raised concerns about the concentration
of five tight intersections within a two-block area and the proximity to a school
bus stop at 52nd and Swadley, and requested a denial or conditions including
a traditional access road and reduced density of 5 to 8 homes.
Andre Barrutia - focused on parking, noting that the ODP did not identify a
specific number or location for guest parking spaces. He pointed out that
under city code, if on-street parking is unavailable, up to four spaces per
dwelling are required—meaning the difference between 36 and 72 required
spaces for 18 homes—and that unresolved parking demand would spill onto
adjacent streets.
John Wabiszczewicz (Arvada, working in Wheat Ridge) submitted a written
analysis comparing densities and argued that the proposed 3.62 DU/acre,
while lower in gross terms, represents approximately 48.5% higher density
than Rainbow Ridge when open space and roads are accounted for
comparably. He objected to the 35-foot height limit given that surrounding
homes are visibly much lower, and requested conditions including a 15-foot
landscape buffer, a solid fence, and a reduced height limit of 28 feet.
Olivia Oliver - drew the council's attention to the applicant's own website,
which she had printed and submitted to the clerk. She noted that the website
described amenities including a ballet studio, farm school, coffee shop,
skating rink, riding arena, barn dances, corn maze, bathing pool, and frog
pond—uses she argued were either not permitted under the ODP or had never
been analyzed. She questioned whether the traffic study, which found fewer
than 20 peak-hour trips, could be valid if even one ballet class letting out
would exceed that number.
Danielle Dunn - challenged the compatibility of the proposal with surrounding
land uses, noting that 5,000-square-foot lots with 40% coverage at three
stories could yield structures twice the footprint of neighboring homes. She
cited elevation data contradicting claims that grading would reduce height
impacts, and pointed to adjacent Haskin Station development—where homes
are one story—as an example of what peaceful coexistence actually looks like
in practice.
Patient Stevens - spoke on behalf of the equestrian community at Hidden
Lane Stables, arguing that rezoning from agricultural to residential is
inherently contrary to equestrian safety. She requested a minimum 15-foot
landscape buffer and a solid fence of at least 8 feet along the outdoor riding
arena, noting that a horse's head height alone exceeds 5.5 feet and that
unpredictable traffic and construction noise are known spooking hazards.
Matthew Dunn - noted that despite nearly 70 formal comments in opposition
and a valid rezoning protest, not a single current neighborhood resident had
spoken in support of the proposal. He argued that the developer had not made
meaningful changes to address neighborhood concerns, and that the
community need for additional housing had already been addressed by nearby
developments.
Sarah Hatayama - described the barn's over 100 regular riders, ages 5 through
80, and the safety risks posed by the proximity of the loop road to the horse
facility. She noted that horses routinely spook at unpredictable stimuli such as
garbage trucks, and that constant, close traffic from a loop drive would be
incompatible with safe equestrian operations. She also pointed out that up to
seven houses could be built on the property under existing A-2 zoning without
any rezoning.
Joy Henderson - raised concerns about the financial impact on neighboring
properties from loss of mature trees, citing USDA Forest Service research on
tree value. She argued that 5 feet is insufficient for canopy tree establishment
and that soil compaction from road construction—particularly in clay soils—
can damage tree roots in ways not visible for years.
Ross Fellenstein - emphasized that the neighborhood was not anti-
development, but objected specifically to the loop road design, which he
characterized as motivated by maximizing housing density rather than
neighborhood compatibility. He argued the road design failed to comply with
code provisions requiring proposed street layouts to continue existing
patterns.
Stan Armstrong submitted written comments and waived his speaking time.
Gary Duncan - described a professional light study conducted for a similar
development behind his property, which found up to 42 hours of lost sunlight
per month for adjacent neighbors due to 35-foot structures. He requested that
a light study be conducted before any approval with a 35-foot limit. He also
raised concerns about increased pedestrian traffic on streets without
sidewalks, and noted that light rail ridership data shows RTD has not
materially reduced vehicle traffic in the area.
Ascenzo DiGiacomo - addressed the council in a professional capacity,
expressing confidence that at least three council members would vote to deny
the application. He raised a specific planning objection: the proposed north-
south lot orientation results in front setbacks running along the north or south
sides of each lot, which he argued is incongruous with standard planning
practice and potentially inconsistent with the city's land use code definition of
a front setback, presenting a basis for legal challenge.
Moved by Councilmembers Okada
Motion: I move to a recommended approval of case number WZ-24-9 a
request for approval for zone change from agricultural 2 to plan residential
development with an outlined development plan to facilitate the development
of up to 18 single dwelling dwellings on the 4.97 acre property located at 5225
Swadley Street for the following reasons: 1, the proposed zone change will
promote public health, safety or welfare of the community and does not result
in an adverse effect on the surrounding area. 2, the proposed zone change is
consistent with the goals and objectives of the city's adopted plans. 3, the
proposed zoning density and land use are consistent with the intent of
planned development compatible with surrounding land uses and will result in
a high quality development. 4, the infrastructure in the area can support the
development. And 5, the criteria used to evaluate a zone change supports the
request with the following conditions: reducing the height of 35 feet to 28 feet,
requiring a fence of 8 feet tall on the east side of development, and a 15 foot
landscape buffer around the west, north, and east perimeter.
Motion seconded by Councilmember Martell
Discussion: During discussion, Councilmembers expressed reservations about
overriding the charter's 35-foot standard but indicated willingness to compromise at
28 feet in the interest of neighborhood relations. Council Members expressed
support for the 8-foot fence on the east side and varying positions on the buffer, with
Mayor Pro Tem Hultin proposing to reduce the landscape buffer from 15 feet to 10
feet, citing the importance of preserving the interior communal open space.
Motion to Amend by Mayor Pro Tem Hultin: I would like to amend the
conditions to be an 8 foot fence along the eastern portion of the property, I
would like to amend the buffer from 15 to 10 feet, and keep the 28 foot
proposed height limit.
Motion seconded by Councilmember Martell
Vote: 7-1, Larson Nay, Motion Carried,
Main Motion by Okada as Amended: I move to approve case number WZ-24-9,
a request for approval for zone change from agricultural 2 to plan residential
development with an outlined development plan to facilitate the development
of up to 18 single dwelling dwellings on the 4.97 acre property located at 5225
Swadley Street for the following reasons: 1, the proposed zone change will
promote public health, safety or welfare of the community and does not result
in an adverse effect on the surrounding area. 2, the proposed zone change is
consistent with the goals and objectives of the city's adopted plans. 3, the
proposed zoning density and land use are consistent with the intent of
planned development compatible with surrounding land uses and will result in
a high quality development. 4, the infrastructure in the area can support the
development. And 5, the criteria used to evaluate a zone change supports the
request with the following conditions: reducing the height of 35 feet to 28 feet,
requiring a fence of 8 feet tall on the east side of development, and a 10 foot
landscape buffer around the west, north, and east perimeter.
Vote: 7-1, Larson Nay, Motion Carried
Moved by Mayor Pro Tem Hultin
Motion: Motion to reconsider council vote on last action taken, at the request of
Councilmember Larson.
Motion seconded by Councilmember Ohm
Vote: 8-0, Motion Carried
Moved by Councilmember Okada
Main Motion as Amended, Upon Reconsideration: I move to approve case
number WZ-24-9, a request for approval for zone change from agricultural 2 to
plan residential development with an outlined development plan to facilitate
the development of up to 18 single dwelling dwellings on the 4.97 acre
property located at 5225 Swadley Street for the following reasons: 1, the
proposed zone change will promote public health, safety or welfare of the
community and does not result in an adverse effect on the surrounding area.
2, the proposed zone change is consistent with the goals and objectives of the
city's adopted plans. 3, the proposed zoning density and land use are
consistent with the intent of planned development compatible with
surrounding land uses and will result in a high quality development. 4, the
infrastructure in the area can support the development. And 5, the criteria
used to evaluate a zone change supports the request with the following
conditions: reducing the height of 35 feet to 28 feet, requiring a fence of 8 feet
tall on the east side of development, and a 10 foot landscape buffer around
the west, north, and east perimeter.
Motion seconded by Councilmember Martell
Vote: 8-0, Motion Carried
ORDINANCES ON FIRST READING
2. Council Bill No. 16-2026
Title: An ordinance giving notice of and calling a special election to be held on
November 3, 2026, and submitting a ballot question concerning an increase in
the City sales and use tax of one percent for community capital
improvements.
Issue: City Council is asked to consider an ordinance calling a coordinated
election on November 3, 2026, and submitting to the registered electors of the
City of Wheat Ridge a ballot question authorizing a one percent (1.0%) sales
and use tax dedicated to funding voter-approved capital improvements.
Councilmember Wood read the Title and Issue into the record.
Moved and Seconded by Councilmembers Wood and Snell
Motion: I move to approve council bill number 16-2026, an ordinance giving
notice of and calling a special election to be held on November 3rd 2026, and
submitting a ballot question concerning an increase in the city sales and use
tax of 1% percent for community capital improvements.
Vote:8-0, Motion Carried
DECISIONS, RESOLUTIONS, AND MOTIONS
3. Resolution No. 35-2026
Title: a resolution amending the 2026 Fiscal Year Housing Fund budget to
reflect the approval of a supplemental budget appropriation in the amount of
$2.64 million and approving a grant agreement with the Colorado Energy
Office
Issue: The City of Wheat Ridge was awarded $2.64 million from the Colorado
Energy Office Local IMPACT Accelerator Grant Program. The funding will
support several housing-related code
amendments and will provide financial assistance to certain affordable
housing projects. The city must approve a grant agreement to receive the funds. A
supplemental budget appropriation is also required to appropriate the funds in
the 2026 Housing Fund budget.
Mayor ProTem Hultin read the Title and Issue into the record.
Moved and Seconded by Mayor ProTem Hultin and Councilmember Ohm
Motion: I move to approve resolution number 35-2026, a resolution amending
the 2026 Fiscal Year Housing Fund budget to reflect the approval of a
supplemental budget appropriation in the amount of $2.64 million and
approving a grant agreement with the Colorado Energy Office
Discussion: Senior Housing Planner Shannon presented, noting that the city
was awarded $2,640,000 through the Colorado Energy Office Local Impact
Accelerator Grant Program. The funds will support housing-related code
amendments and provide financial assistance to certain affordable housing
projects. Approval of the resolution is required to execute the grant
agreement.
Council Member Quinn asked about the proposed creation of an R-4 zone
district. Staff and the Community Development Director explained that the
current residential base zoning stops at R-3 (12 DU/acre), creating a large gap
before the PRD maximum of 21 DU/acre. An R-4 district is intended to create
a townhome-oriented zone district aligned with market demand along
corridors such as 38th and 44th Avenues.
Council Member Larson asked about the reference to removing zoning
barriers near Main Street and commercial corridors. Staff explained that a
consultant would conduct a comprehensive zoning code audit to identify
requirements that may be inhibiting desired investment, drawing on lessons
from development inquiries that ultimately did not proceed.
Vote: 8-0, Motion Carried
4. Resolution No. 36-2026
Title: A resolution approving an Intergovernmental Agreement for Election
Coordination with the Clerk and Recorder for the County of Jefferson, State of
Colorado for participation in the November 3, 2026 General Election
Issue: This resolution authorizes the City of Wheat Ridge to participate in the
Jefferson County General Election on November 3, 2026, and authorizes
the appropriate City officials to execute an intergovernmental agreement with
Jefferson County for election services. The City intends to submit a ballot issue
or question to its eligible electors and will comply with applicable
state election and TABOR notice requirements. The resolution
also designates the Senior Deputy City Clerk as the City’s Election Officer and
Designated Election Official.
Councilmember Martell read the Title and Issue into the record.
Moved and seconded by Councilmembers Martell and Okada
Motion: I move to approve resolution number 36-2026, a resolution approving an
intergovernmental agreement for election coordination with the clerk and
recorder for the county of Jefferson, state of Colorado for participation in the
November 3rd 2026 general election.
Discussion: Mayor Pro Tem Hultin expressed appreciation for the state of Colorado's
management of election integrity, noting that voting is state-regulated and administered
by counties, and commended Jefferson County as a trustworthy partner.
Vote: 8-0, Motion Carried
5. Title: Agreement for Use of Transit-Oriented Communities Infrastructure grant funds
between the City and Foothills Regional Housing
Issue: The City of Wheat Ridge was awarded $4.5 million from the Colorado
Department of Local Affairs’ Transit-Oriented Communities
Infrastructure (TOCI) grant program to fund public infrastructure for Foothill
Regional Housing’s Ridge Road Master Plan. The city will pass these funds
to Foothills Regional Housing, and this Agreement establishes their obligations
in carrying out the project as a subcontractor.
Councilmember Larson read the Title and Issue into the record.
Moved and seconded by Councilmembers Larson and Wood
Motion: I move to approve the agreement for use of transit oriented communities
infrastructure grant funds between the city and foothills regional housing and further
move to authorize and direct the mayor and city attorney to execute the same with
instruments as necessary to facilitate and complete the obligations under the
agreements.
Discussion: The city was awarded $4,500,000 from the Colorado Department of Local
Affairs Transit-Oriented Communities Infrastructure Grant Program to fund public
infrastructure supporting Foothills Regional Housing's Ridge Road Master Plan. The
agreement establishes Foothills Regional Housing's obligations as a subcontractor to carry
out the project, which includes 200 units of affordable housing and a Red Rocks Community
College nursing facility.
Council Member Larson asked for detail on funded improvements. Staff confirmed
the grant covers sidewalks, curb and gutter, tree lawns, trees, and signal
modifications at Ridge Road/54th Avenue and Ridge Road/Miller Street, as well as
sanitary sewer upgrades carried out through a subcontract with the sewer district.
Council Member Okada asked specifically about signal improvements at Ridge Road
and Miller Street, adjacent to the railroad crossing. Staff confirmed that intersection
is included, with the specific signal modification design to be determined, and noted
the improvements are a city requirement.
Vote: 8-0
Motion Carried
ADJOURN TO SPECIAL STUDY SESSION AT 9:15 pm.
_________________________________________________
Rachel Hultin, Mayor Pro Tem
__________________________________________________
Lucy Spalenka, Deputy City Clerk
__________________________________________________
Lucy Spalenka, Deputy City Clerk
SPECIAL STUDY SESSION NOTES
CITY COUNCIL SPECIAL STUDY SESSION
CITY OF WHEAT RIDGE, COLORADO
Monday, August 10, 2026
The Special Study Session was held in a hybrid format, with Councilmembers, City
staff, and members of the public participating either in person at the Municipal
Building (7500 West 29th Avenue, Wheat Ridge, Colorado) in Council Chambers, or
virtually.
CALL TO ORDER
Mayor Korey Stites called the City Council Special Study Session of August 10, 2026, to
order at 9:15 p.m.
ATTENDANCE
Councilmembers Present: Rachel Hultin; Dan Larson; Kathleen Martell; Scott Ohm; Mike
Okada; Patrick Quinn; Jenny Snell; and Susan Wood.
ABSENT:
None
STAFF IN ATTENDANCE:
City Manager Patrick Goff; City attorney Gerald Dahl; Senior Deputy City Clerk Onorina
Maloney; Deputy City Clerk Lucy Spalenka.
PUBLIC COMMENTS ON AGENDA ITEMS
1. Consensus on 2027 Outside Agency Budget Requests
City Manager Goff summarized the five outside agency funding requests totaling
approximately $707,000, which had been presented in full at the prior week's
study session. Council was asked to provide consensus direction on funding
levels to be included in the proposed 2027 budget.
Ralston House — $44,250 (requested)
Council expressed unanimous support for the requested amount. City Manager
Goff noted this is a one-time capital grant for building renovations, with all
Jefferson County municipalities contributing.
Consensus: Fund at $44,250.
Local Works — $377,200 (requested)
Mayor Pro Tem Hultin proposed approving the amount as presented, noting it
includes a $50,000 business grant program. She suggested that if the city's
financial position is strong at the mid-year check-in, council could consider a
second tranche of business grant funding, given the importance of that program
and the tight nature of the overall budget. Council Member Ohm concurred.
Consensus: Fund at $377,200, with the possibility of an additional business
grant appropriation at mid-year.
Wheat Ridge Historical Society — $100,780 (requested)
The request includes approximately $11,000 in base operating funds for the
Historical Society and an estimated $89,000 for a new full-time city employee
who would support the Historical Society, the city's Public Art Program, and the
Cultural Commission.
Council Members Quinn, Okada, Snell, and others expressed strong support for
both components. Mayor Pro Tem Hultin and Council Members Martell and
Larson noted that while they support the FTE in concept, the decision to add a
new position appropriately belongs within the broader FTE discussion during the
full budget process. Council Member Okada expressed appreciation for the
Historical Society's coordination and commitment to reaching this point.
Consensus: Fund the base operating budget; include the FTE for
consideration as part of the full budget process.
Carnation Festival Committee — $125,000 (requested)
Multiple council members expressed support for the Carnation Festival as a
valued community institution but indicated they were not prepared to increase
funding from the prior year's $100,000 level without a more detailed budget
presentation. Council Members Okada, Martell, Ohm, Wood, and Mayor Pro Tem
Hultin all expressed that the presentation lacked sufficient budget detail and did
not clearly justify the $25,000 increase. Council Member Larson was the sole
voice in support of the full $125,000, citing rising costs and the importance of
maintaining the committee's financial reserve.
Council Members Martell and Quinn both suggested establishing clearer
parameters and reporting expectations for outside agency presenters in future
years. City Manager Goff noted that city staff costs (police, public works, parks
overtime) associated with the festival are estimated at approximately $25,000 or
more and are budgeted separately within department budgets.
Consensus: Fund at $100,000.
Wheat Ridge Chamber of Commerce — $60,000 (requested)
This was the most debated request. Council Member Martell proposed a
significantly reduced amount in the $10,000–$15,000 range, noting difficulty
connecting the Chamber's presentation to specific budget line items. Council
Member Ohm raised concerns about apparent redundancies in the request and
suggested removing items such as the 5K event subsidy. Mayor Pro Tem Hultin
proposed a one-time investment in the $10,000–$15,000 range, contingent on
the Chamber using the funds for strategic planning to build long-term alignment
with city priorities, Local Works, and community partners.
Council Member Larson expressed reluctance to provide any funding beyond city
membership dues, citing equity concerns about funding the Chamber but not the
Wheat Ridge Business Association (WRBA) and noting that the Chamber had
requested merger funding with WRBA without first consulting that organization.
The Mayor offered a broader perspective, acknowledging the Chamber's value to
the business community and the Board's hard work following the loss of its
longtime executive director, while agreeing that a one-time strategic
investment—rather than ongoing operational funding—was appropriate.
Consensus: Fund at $12,500 as a one-time investment, with the expectation
that funds are used for strategic planning and alignment with city and
community partners.
2. Staff Report(s)
No staff reports were provided.
3. Elected Officials’ Report(s)
Council Member Okada thanked Rainbow Ridge residents for their engaged and
well-organized participation in the evening's hearing, and encouraged neighbors
to continue being good neighbors when walking through each other's
communities. She also expressed regret at missing the Carnation Festival
parade.
Council Member Larson reported on a Renewal Wheat Ridge Commission
meeting at which City Manager Goff delivered his state-of-the-city address, and
the Commission approved a five-month consulting engagement to develop
economic development strategies for the city. He also shared highlights from the
Carnation Festival, including the parade and Big Wheels on the Farm event.
Council Member Wood praised the Carnation Festival as well-attended through
the final hours of Sunday, and expressed how much she enjoyed handing out
candy in the parade.
Council Member Quinn echoed festival comments and humorously noted his
intention to drive the front-end loader in next year's parade.
Council Member Martell thanked Mayor Pro Tem Hultin for bringing dog treats to
the parade and highlighted the Big Wheels on the Farm awards ceremony, noting
that trophies were crafted by Warren Tech students.
Council Member Snell noted she was unable to attend the festival due to a sick
pet but appreciated colleagues' reports.
Council Member Ohm reflected on improved engagement with parade attendees
this year, and expressed enjoyment of the live music at the festival over multiple
evenings.
Mayor Pro Tem Hultin thanked all who attended the evening's meeting and
engaged in the zoning discussion, commending the council for its collaborative
approach to imposing conditions rather than simply voting up or down. She noted
that this case represented an early test of the newly adopted City Plan, and
expressed pride in the way council used that framework to navigate a complex
situation.
The Mayor thanked all participants in the evening's proceedings, expressed
appreciation for city staff and volunteers who made the Carnation Festival
possible, and noted that the event—now in its 57th year—represented its usual
warm community atmosphere. He also noted that he and Council Member
Larson had the honor of burying a time capsule on behalf of the Historical
Society following the parade, to be opened in 2076.
The Mayor announced the next meeting would be a study session in one week,
and adjourned the Special Study Session.
ADJOURNED AT 10:00 pm
_________________________________________________
Rachel Hultin, Mayor Pro Tem
__________________________________________________
Lucy Spalenka, Deputy City Clerk
Diane Er s
08/24/26
Carol n Toth
08/24/26
Janet O'Keefe
08/24/26
PROCLAMATION
Wheat Ridge Rotary Club Proclamation
WHEREAS, Rotary International, founded on February 23, 1905, in Chicago, Illinois USA, is the
world’s first and one of the largest non-profit service organizations; and
WHEREAS, there are over 1.2 million Rotary club members comprised of professional and
business leaders in over 32,000 clubs in 200 countries and geographical areas; and
WHEREAS, the Rotary motto “Service Above Self” inspires members to provide humanitarian
service, encourage high ethical standards, and promote good will and peace in the world; and
WHEREAS, Rotary funds club projects and sponsors volunteers with community expertise to
provide medical supplies, health care, clean water, food production, job training, and education to
millions in need, particularly in developing countries; and
WHEREAS, Rotary in 1985 launched Polio Plus and spearheaded efforts with the World
Health Organization, U.S. Centers for Disease Control and Prevention, and UNICEF to immunize
the children of the world against polio; and
WHEREAS, the mission of the Wheat Ridge Rotary Club is to build a better world
emphasizing service activities by individual groups that enhance the quality of life and human
dignity, encouraging high ethical standards and creating greater understanding among all
people; and
WHEREAS, the Wheat Ridge Rotary Club has been partners and drivers of many
initiatives, including providing scholarships to high school seniors, Rotary Roses for senior
living residents, Miracle Shop for elementary school families, Mobile Pantry for Highlands West
seniors, Feed the Future backpack program for elementary school kids, Kits for Homeless,
Operation Warm to provide winter coats for children, and much more.
NOW THEREFORE BE IT RESOLVED, I, Korey Stites, Mayor of the City of Wheat Ridge,
along with the Wheat Ridge City Council, formally designate August 24, 2026, as Rotary Day in
Wheat Ridge Colorado and encourage all citizens to join me in recognizing our local Rotary
Club and Rotary International for its more than 100 years of service to improving the human
condition in local communities around the world.
IN WITNESS WHEREOF, on this 24th day of August 2026.
Janeece Hoppe, City Clerk Korey Stites, Mayor
ITEM NUMBER: 1a
DATE: August 24, 2026
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION NO. 37-2026
TITLE: A RESOLUTION OF SUPPORT FOR A JOINT APPLICATION
WITH THE CITY OF DENVER TO THE JEFFERSON COUNTY
PARKS AND OPEN SPACE TRAILS PARTNERSHIP PROGRAM
☐PUBLIC HEARING
☐BIDS/MOTIONS
☒RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The Jefferson County Parks and Open Space (JCPOS) Trails Partnership Program
allows communities within the County to apply for funding in the amount of up to 50%
of the cost of projects related to regional trails. A City Council Resolution of Support is
required as part of the application.
Staff would like to submit a collaborative proposal with the City of Denver to request
funding for the design phase of a grade-separated Clear Creek Trail (CCT) segment
connecting Creekside Park to the CCT north of W. 52nd Ave. This design phase would
build upon a feasibility study previously completed for this project.
PRIOR ACTION:
Council previously supported a funding application to this same JCPOS funding
program for the feasibility study and approved the intergovernmental grant agreement
to accept and invest the funding into the feasibility study phase.
FINANCIAL IMPACT:
The total project budget would be $460,000 for the design phase. Should this proposal
be supported, submitted, and funded in 2027, the City of Wheat Ridge would contribute
$30,000, the City of Denver would contribute $200,000, and Jefferson County Parks and
Open Space would contribute a matching $230,000 towards the design phase of the
project.
Council Action Form – JCPOS Application for Clear Creek Trail East Portal Design
August 24, 2026
Page 2
BACKGROUND:
In 2024-2025, Wheat Ridge, Denver, Jeffco Parks and Open Space, and the Mile High
Flood District partnered on a feasibility study to analyze the current Clear Creek Trail
corridor from W. 52nd Ave to Creekside Park, which currently runs along neighborhood
streets through Denver.
The study addresses one of the final gaps in the regional Clear Creek Trail system.
While most of the corridor is grade-separated, the existing at-grade crossing at West
52nd Avenue forces trail users onto neighborhood streets and through an unsignalized
intersection. This creates safety concerns, accessibility challenges, and a poor user
experience.
The team reviewed the hydraulic and geotechnical considerations, utility constraints,
and property acquisition needs for each option. Underpass concepts were determined
to be infeasible due to floodplain risks, groundwater issues, and insufficient clearance.
The study recommends moving forward with bridge-based solutions as the only viable
options for grade separation. The study recommends two final concepts, with “Concept
B – Double Bridge” considered more feasible by project partners.
This funding proposal to Jeffco Parks and Open Space requests 50% ($230,000) of the
estimated project cost to advance this project into at least the 30% design phase for the
“Double Bridge” concept. The City of Denver has committed $200,000 and Wheat Ridge
would contribute $30,000 to this phase if this proposal is submitted and funded.
Denver’s Department of Transportation and Infrastructure (DOTI) would lead this project
should it be funded.
Wheat Ridge is leading this funding proposal as our City is an eligible applicant to
Jefferson County funding, while Denver is not.
RECOMMENDATIONS:
Staff recommends passing this Resolution to make a Jefferson County Parks and Open
Space funding request eligible for County consideration.
An alternative is to decide to delay this project beyond 2027, but that would delay the
overall project and potentially miss a federal alternative transportation funding
opportunity.
RECOMMENDED MOTIONS:
“I move to approve Resolution No. 37-2026, a resolution of support for a joint
application with the City of Denver to the Jefferson County Parks and Open Space Trails
Partnership Program.”
Council Action Form – JCPOS Application for Clear Creek Trail East Portal Design
August 24, 2026
Page 3
Or,
“I move to postpone indefinitely Resolution No. 37-2026, a resolution of support for a
joint application with the City of Denver to the Jefferson County Parks and Open Space
Trails Partnership Program for the following reason(s).”
REPORT PREPARED/REVIEWED BY:
Brandon Altenburg, Deputy Director of Parks and Recreation
Karen O’Donnell, Director of Parks and Recreation
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 37-2026
2. Clear Creek Trail W. 52nd Grade Separation Feasibility Study (pages 34-41
detail preferred Concept B)
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 37
SERIES OF 2026
TITLE: A RESOLUTION OF SUPPORT FOR A JOINT APPLICATION
WITH THE CITY OF DENVER TO THE JEFFERSON COUNTY PARKS
AND OPEN SPACE TRAILS PARTNERSHIP PROGRAM
WHEREAS, the City of Wheat Ridge manages seven miles of the regional Clear
Creek Trail; and
WHEREAS, the City of Wheat Ridge collaborated with the City of Denver,
Jefferson County Parks and Open Space, and the Mile High Flood District on a
feasibility study to connect a grade separated trail between W. 52nd Ave and Creekside
Park; and
WHEREAS, the feasibility study resulted in two concept options, with “Concept
B-Double Bridge” being the preferred option to advance into the design phase; and
WHEREAS, the Wheat Ridge City Council supports this project and an application
for funding to the Jefferson County Parks and Open Space Trails Partnership Program to
advance the preferred trail concept route into the trail design phase.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO THAT:
Section 1. The Mayor or the City Manager of the City or any other member of
the City Council and all appropriate City officers are hereby authorized and directed to
execute and deliver and the City Clerk is hereby authorized and directed to attest and
deliver such other agreements and certificates and to take such other actions as may be
necessary or convenient to carry out and give effect to the Assignment and this
Resolution.
Section 2. Nothing contained in this Resolution, or the Assignment shall
constitute a debt, indebtedness, or multiple-fiscal year direct or indirect debt or other
financial obligation of the City within the meaning of the Constitution or statutes of the
State or the home rule charter of any political subdivision thereof, nor give rise to a
pecuniary liability of the City or a charge against its general credit or taxing powers.
Section 3. If any section, paragraph, clause, or provision of this Resolution shall
for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
ATTACHMENT 1
any such section, paragraph, clause, or provision shall not affect any of the remaining
provisions of this Resolution.
This Resolution shall be in full force and effect upon its passage and approval.
DONE AND RESOLVED this 24th of August 2026
Korey Stites, Mayor
[SEAL]
ATTEST:
Janeece Hoppe, City Clerk
CLEAR CREEK TRAIL
WEST 52ND AVENUE GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025
2 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025
This page is intentionally left blank.
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025 3
Brandon Altenburg
Jim Roemmelt
CITY OF WHEAT RIDGE,PARKS AND RECREATION
PROJECT ACKNOWLEDGMENTS TABLE OF CONTENTS
Adam Lind
David Boles
Executive Summary 04
Project Background 06
Design Process and Alternate Analysis 12
Public Outreach 22
Final Concepts 24
Conclusions, Risks, and Next Steps 44
Appendix 45
Erik Spring
Will Woodard
Deborah Alvarado
Logan Erf
Fred Johnson
Emily Guffin
Scott Grossman
Dan Hill
CITY AND COUNTY OF DENVER, PARKS AND RECREATION
DESIGN CONCEPTS
MARTIN / MARTIN
JEFFERSON COUNTY PARKS & OPEN SPACE
MILE HIGH FLOOD DISTRICT
Patrick Bergman
Kayla Zacharias
Rachel Brenna
Rachel Nicolaison
Josh Dickerson
Cara Sease
4 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025
The Clear Creek Trail Grade Separation
Feasibility Study addresses one of the
final gaps in the regional Clear Creek
Trail system. While most of the corridor
is grade-separated, the existing at-grade
crossing at West 52nd Avenue forces
trail users onto neighborhood streets and
through an unsignalized intersection.
This creates safety concerns, accessibility
challenges, and a poor user experience.
The study is a partnership between the
City and County of Denver, the City of
Wheat Ridge, and Jefferson County Parks
& Open Space. That core team sought
input from the Colorado Department of
Transportation (CDOT), the Mile High
Flood District (MHFD), and neighboring
jurisdictions. The consultant team
was tasked with analyzing potential
alternatives to provide a safe, accessible,
and continuous off-street trail alignment,
including a grade-separated crossing at
West 52nd Avenue.
Study Process
The study area extends from Creekside
Park in Wheat Ridge to the Clear Creek
underpass at Interstate 76, encompassing
multiple jurisdictions, private properties,
utilities, and floodplain conditions. The
team conducted:
EXECUTIVE
SUMMARY
• Data Collection and Field Review:
Existing topography, floodplain maps,
utilities, soils, and property ownership.
• Alternative Analysis: Development
and evaluation of five trail alignment
options, scored against agreed-
upon criteria including cost, safety,
feasibility, user experience, and public
preference.
• Public Engagement: One open house
and an online survey, reaching nearly
200 participants. Feedback revealed
safety and access to nature as top
concerns, and a clear preference
(71%) for an overpass rather than an
underpass at West 52nd Avenue.
The team reviewed the hydraulic and
geotechnical considerations, utility
constraints, and property acquisition
needs for each option. Underpass concepts
were determined to be infeasible due to
floodplain risks, groundwater issues, and
insufficient clearance.
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025 5
Findings and Preferred Concepts
Of the five alignment options, two
advanced refinements of Routes 2(A) and
5(B) became the final two concepts:
Concept A - Long Path
• Individual bridges span Clear Creek
and 52nd Avenue
• Highest public preference and trail
experience value
• Highest cost
• Lower feasibility of the two options due
to potential property acquisition and
brownfield remediation needs
Concept B - Double Bridge
• Two pedestrian bridges span 52nd
Avenue and Clear Creek in succession
• Reuses most of the existing trail,
minimizing new impacts
• Lower potential property acquisition
needs and shorter building timeline
• Cost-effective
• Highest feasibility between the two
options
Both concepts meet ADA requirements,
improve safety by removing on-street
routing, and enhance user experience
along Clear Creek.
Risks and Next Steps
The primary risks include potential
property acquisition, potential brownfield
remediation, and coordination with utility
companies due to existing overhead lines.
Environmental assessments, subsurface
utility investigations, and bridge span
refinements are required in the next
phase.
The study recommends moving forward
with bridge-based solutions as the only
viable options for grade separation.
Denver and its partners should begin with
potential property acquisition analysis
and environmental due diligence, followed
by advancing conceptual designs into
preliminary engineering.
Conclusion
The Clear Creek Trail is a vital part of
the regional Front Range trail system.
Addressing the 52nd Avenue at-grade
crossing will close a critical gap, eliminate
safety hazards, and provide a continuous,
accessible, and enjoyable trail experience
for thousands of users. With this study,
Denver, Wheat Ridge, and Jefferson
County now have two feasible options
toward implementation.
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6 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025
The Clear Creek Trail is one of the Denver
region’s most significant recreational and
commuter corridors, linking neighborhoods,
communities, and regional destinations as
a part of the larger regional trail initiative
connecting Loveland Pass to the South
Platte. While much of the corridor is grade-
separated, the crossing at 52nd Avenue
remains at grade, forcing trail users onto
neighborhood streets and across a busy
intersection. The crossing is a safety
concern, reduces accessibility for people of
all ages and abilities, and detracts from a
quality trail experience.
Recognizing the importance of addressing
this gap, the City and County of Denver, the
City of Wheat Ridge, and Jefferson County
Parks & Open Space partnered to study
potential solutions. Funding is provided by
the partners and the Jefferson County Open
Space Trails Partnership Program.
The purpose of the study is to evaluate
the feasibility of an overpass or underpass
at 52nd Avenue, to identify and compare
alternative trail alignments within the
study area, and to recommend preferred
concepts that meet safety, accessibility,
and community goals. The study provides
conceptual design information, cost
estimates, and a clear path forward for
implementation.
PROJECT
BACKGROUND
INTRODUCTION EXISTING CONDITIONS
The Clear Creek Trail within the study
area lacks a coherent and continuous
sequence, creating challenges for users
and safety concerns at 52nd Avenue.
South of 52nd Avenue, the trail heads
east under Marshall Street as an 8-foot-
wide concrete path before skirting
Creekside Park. From there, it climbs
steeply between Clear Creek and a rocky
slope, where erosion, rockfall, and narrow
clearances compromise trail comfort
and safety. At Harlan Street, the trail
moves onto the roadway with minimal
signage or direction for users. Cyclists
and pedestrians are funneled along
Harlan Street and onto the residential
Gray Street, which is designated as a
“Neighborhood Bikeway” but provides no
separation from vehicles, driveways, or on-
street parking.
At Gray Street’s intersection with 52nd
Avenue, trail users face the unsignalized
crossing of a busy collector road. Although
a Rectangular Rapid Flashing Beacon
(RRFB) is present, the crossing remains a
barrier and a source of concern for safety
and comfort. North of 52nd Avenue, the
trail is 8-foot-wide and deteriorating. The
trail continues along the east bank of
Clear Creek and under I-76.
The study area is further complicated
by multiple overlapping jurisdictions,
fragmented property ownership, and
adjacent industrial and residential uses.
These conditions have contributed to long-
standing deficiencies that no single entity
has addressed independently.
The absence of a safe, continuous, and off-
street connection underscores the need for
a coordinated feasibility study to identify
a viable grade-separated solution at 52nd
Avenue.
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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NORTH
OWNERSHIP MAPJurisdictions and Stakeholders
The study area lies at the intersection
of multiple jurisdictions, which has
historically limited progress on improving
the trail connection. The corridor crosses
the boundaries of the City and County
of Denver, the City of Wheat Ridge,
and Jefferson County. The Colorado
Department of Transportation (CDOT)
controls significant right-of-way in the
area, and the Mile High Flood District
(MHFD) has jurisdiction over Clear Creek
and its floodplain.
Recognizing that no single entity could
address the deficiencies alone, Denver,
Wheat Ridge, and Jefferson County Parks
& Open Space formed a core partnership
to lead the feasibility study. Denver served
as the contracting agency and coordinated
public outreach, while all three partners
contributed to project oversight and
decision-making.
To ensure regional coordination,
neighboring jurisdictions, including the
City of Arvada and Adams County, were
invited to participate in monthly meetings.
This expanded stakeholder group provided
valuable perspectives on connectivity, land
use, and future plans along the corridor.
The result was a coordinated, multi-
jurisdictional process that established
a foundation for shared implementation
moving forward.
8 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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CLEAR CREEK CORRIDOR PLAN
(ARVADA, 2019)
NORTH
Plan Review
Over the past several years, multiple
planning efforts have identified the
52nd Avenue crossing as a priority for
improvement. Each has underscored the
need for a continuous, off-street Clear
Creek Trail and safer connections across
this segment.
Clear Creek Corridor Plan (Arvada 2019)
• Identified the 52nd Avenue crossing
as the community’s highest concern
during public outreach. Recommended
a new trail alignment west of Clear
Creek with two pedestrian bridges and
an underpass at 52nd Avenue.
Denver Moves: Pedestrians & Trails
(Denver 2019)
• Established a citywide vision for
accessible and connected pedestrian
and trail networks. Designated the
Clear Creek Trail at 52nd Avenue as
a high-priority project due to safety,
equity, and access considerations.
Open Space Management Plan (Wheat
Ridge 2023)
• Recognized the Clear Creek Trail as
the “backbone” of Wheat Ridge’s open
space system. Called for collaboration
with Denver and Arvada to construct
an off-street trail connection between
Harlan Street and 52nd Avenue.
Peaks to Plains: Plains Segment Strategic
Plan (Jefferson County 2023)
• Highlighted the Clear Creek Trail as
part of the regional 65-mile Peaks
to Plains system. Recommended
moving the trail off Gray Street and
constructing a grade-separated
crossing at 52nd Avenue to improve
safety and the user experience.
These plans demonstrate consistent
recognition across jurisdictions that the
52nd Avenue crossing is a critical gap in
the regional trail system. This feasibility
study builds on those recommendations.
EXPOSED DENVER “BLUE” ROCK FORMATION IN CLEAR CREEK
DEBRIS ACCUMULATED UNDER THE 52ND AVENUE BRIDGE
OVERHEAD TRANSMISSION LINES CROSSING THE STUDY AREA
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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0 300 600NORTH
EXISTING CONDITIONS MAP
10 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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Al l dr aw ings and wri tten materialappearing herein constitute original andunpublished work of Design Concepts andmay not be duplicated, used or disclosed.
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12499 West Colfax AveLakewood, Colorado 80215303.431.6100martinmartin.com
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All drawi ngs and w rit ten mater ialappearing herein constitute original andunpublished work of Design Concepts andmay not be duplicated, used or disclosed.
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UTILITY PLAN
Land Ownership
The trail corridor between Harlan Street
and 52nd Avenue is fragmented by private
and public property ownership. South
of 52nd Avenue, private land separates
the trail from its intended alignment,
forcing users onto Gray Street. North and
east of Clear Creek, several industrial
parcels dominate the landscape, with
uses ranging from demolition and
landscape materials storage to auto
repair and excavation. These properties
exhibit signs of contamination and illegal
dumping, presenting challenges for
potential acquisition. East of the creek,
residential lots and additional CDOT and
Denver-owned parcels further complicate
continuity. Property acquisition may will
be necessary to secure a connected off-
street alignment.
Floodplain
The study area overlaps the FEMA-
designated Zone AE floodplain. Trail
improvements and bridge structures
will require floodplain permitting and
demonstration of a “no adverse impact”
condition relative to the 100-year base
flood elevation. Hydraulic modeling (HEC-
RAS) and coordination with Denver,
Wheat Ridge, Jefferson County, MHFD,
and FEMA will be required. If project
improvements increase the base flood
elevation, additional approvals such as
Conditional or Letter of Map Revisions
(CLOMR/LOMR) will be triggered. Updated
mapping from the 2022 Clear Creek Flood
Hazard Area Delineation (FHAD) must also
be considered. CDOT bridge standards
apply, requiring a minimum 3-foot
freeboard and design resilience to 100-
and 500-year storm events. The project
area is identified on the Flood Insurance
Rate Maps (FIRMs): 08059C0212F,
0859C0216F, 0800460062G, and
0800460066G.
Utilities
Preliminary coordination with Xcel
Energy confirmed the presence of a 75-
foot transmission easement within the
study area. Xcel requires a formal review
process, including fees, before approving
any modifications near their facilities.
Subsurface utility investigations have not
yet been conducted; approximate utility
locations are identified from GIS data and
field observations. Detailed Subsurface
Utility Engineering (SUE) will be required
before moving into the next design phase to
confirm potential conflicts.
Geology and Soils
Two exploratory borings on CDOT
property reveal natural granular soils
underlain by bedrock at 11–13 feet, with
groundwater encountered at 25–27 feet.
Site development challenges include
undocumented fill, shallow groundwater,
and hard bedrock. In addition, the Denver
Formation is exposed near Harlan Street,
a geological feature of note due to its
paleontological significance.
Planned Area Improvements
Several projects adjacent to the study area
are planned or underway and will influence
connectivity and user experience.
Floodplain Revisions (MHFD)
• Current FEMA floodplain mapping is
based on a 2005 study, and the FEMA
floodplain mapping for the study area
is in the process of being updated to
match the 2022 Clear Creek Flood
Hazard Area Delineation (2022 FHAD),
which is locally regulatory and approved
by CWCB. As a result, floodplain
permitting, hydraulic models, and map
changes will need to demonstrate a “no
adverse impact” condition for the 2005
effective mapping and 2022 Clear Creek
FHAD mapping.
52nd Avenue Bridge Replacement (Denver)
• Scheduled replacement of the roadway
bridge will affect trail connections in the
short term and should be coordinated
with trail improvements.
Gold Strike Park (Arvada)
• Located just north of the study area
at the confluence of Ralston and Clear
Creeks, this project includes a new
playground, restrooms, and parking.
It will draw additional users to the
corridor and increase the importance of
safe and continuous trail connections.
Clear Creek Trail Widening (Wheat Ridge)
• Wheat Ridge plans to widen the Clear
Creek Trail from 8 to 10 feet between
Wadsworth Boulevard and Marshall
Street, directly connecting to the
western boundary of the study area.
Construction is anticipated in 2026–
2027.
(NOT TO SCALE)
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025 11
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2022 CLEAR CREEK FLOOD HAZARD AREA DELINEATION, NOT YET FEMA ADOPTED (MHFD)
12 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025
At project initiation, the core team agreed
on a consistent trail standard to unify
design across jurisdictions. The agreed-
upon standard is a 10-foot concrete trail
with a 2-foot crusher fines shoulder
on each side (14 feet total), exceeding
AASHTO’s minimum requirements and
aligning with ADA guidelines. Pedestrian
bridges are designed to the same clear
width, with vertical clearance set by CDOT
standards or the jurisdiction in which
they reside (whichever standard is more
conservative).
A decision matrix was developed to
evaluate alternatives using five categories,
each weighted equally for a maximum
score of 100 points:
• Public Preference – feedback from
survey and public meeting
• Cost – construction cost, potential
property acquisition, earthwork,
utilities, floodplain impacts
• Safety – separation from vehicles,
visibility, sight lines, underpass/
overpass considerations
• Clear Creek Experience – aesthetic
quality, contact with natural
environment, overall user experience
• Feasibility – complexity of potential
property acquisition, permitting,
constructability, and maintenance
needs
DESIGN PROCESS AND
ALTERNATIVE ANALYSIS
DESIGN STANDARDS EVALUATION CRITERIA
WEST 52ND AVENUE AT-GRADE CROSSING
CLEAR CREEK TRAIL NORTH OF WEST 52ND AVENUE
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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STANDARD TRAIL SECTION
STANDARD TRAIL / BRIDGE SECTION
49TH STREET TRAIL SECTION ALTERNATIVE
STANDARD TRAIL SECTIONS
14 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025
0’250’125’500’NORTH
ALTERNATIVE ROUTES COMBINED
ATTACHMENT 2
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025 15
Five alignment concepts were developed
and evaluated. Each option explored
different ways to cross Clear Creek and
52nd Avenue while minimizing on-street
routing and improving user safety.
Findings
Based on alternatives analysis and
discussions with the larger jurisdictional
team, the following decisions were made.
• Underpass Options Eliminated:
Hydraulic risks, inadequate clearance,
and flooding concerns make underpass
concepts infeasible.
• Low-Water Crossing Eliminated: Not
viable due to floodplain permitting
challenges and trail closure risk due to
high water.
• Public Preference: Routes 2 and 5 drew
the highest public preference out of the
five options.
• Advancement of Bridge Options: Two
alternatives, Routes 2 and 5, advanced
as the most promising concepts.
These findings set the stage for
refinements to Routes 2 and 5. Both
were developed into conceptual designs
with cost estimates and implementation
considerations; Route 2 evolved into
Concept A and Route 5 evolved into
Concept B.
ALTERNATIVES DEVELOPMENT
Low-water crossing and underpass at 52nd Avenue
Pedestrian bridges over Clear Creek and 52nd; reuse industrial parcels
Bench trail along creek under existing 52nd Avenue bridge
Bridge over Clear Creek and underpass at 52nd Avenue
Double pedestrian bridge over 52nd Avenue and bridge over Clear Creek
Lower upfront cost; activates vacant space north of 52nd Avenue
High-quality user experience; potential for environmental cleanup, parkland, flood storage
Reuses existing trail; minimal new structures; scenic creek experience
Only one potential private property acquisition; activates vacant ROW
Reuses most existing trail; cost-effective; potential single property acquisition
Floodplain / flooding issues; intermittent closures; new at-grade crossing at 49th Drive; underpass prone to flooding; poor user experience
Major potential property acquisition required; high costs for brownfield remediation; three bridges needed
Potential property acquisition required; vegetation removal; floodplain impacts; limited clearance under bridge
Potential property acquisition costs; underpass prone to flooding
Brownfield remediation required; two bridges in quick succession
Route 1
Routes Key Features Pros Cons
Route 2
Route 3
Route 4
Route 5
16 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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0’250’125’500’NORTH
ALTERNATIVE ROUTE 1
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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0’250’125’500’NORTH
ALTERNATIVE ROUTE 2
18 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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ALTERNATIVE ROUTE 3
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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0’250’125’500’NORTH
ALTERNATIVE ROUTE 4
20 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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ALTERNATIVE ROUTE 5
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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22 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025
Public engagement was a key element of
the study, designed to understand how
the community uses the Clear Creek Trail,
identify concerns, and gather input on
proposed alternatives. The project team
used two complementary methods:
• Open House – Held April 3, 2025,
at Denver’s Centennial Elementary
School. Advertised through Denver
communication channels, yard signs
along the Clear Creek Trail, and
postings in public buildings in Denver,
Wheat Ridge, and Arvada. Attendees
reviewed existing conditions and the
five initial alignment concepts.
• Online Survey – Launched in
conjunction with the open house,
available community-wide to reach trail
users unable to attend in person.
• Safety and access to nature were
identified as the most important issues.
• Nearly 50% of respondents reported
avoiding the trail due to safety
concerns.
• Grade Separation Preference: 71%
preferred passing over 52nd Avenue
rather than under.
• Public Preference Rankings: Among
the five options, the bridge-based
alternatives scored highest.
• Residents valued both the removal of
on-street routing and the potential
transformation of industrial parcels
into green space.
• Community Concerns: Cost, funding
sources, and potential delays in
implementing higher-cost solutions
were frequently mentioned.• Open House Attendance: 11
community members
• Survey Responses: 193 responses
received
• Trail Use: 80% of respondents primarily
cycle; 70% also walk, roll, or jog; 60%
use the trail weekly or more; only 6%
reported not using the trail
PUBLIC OUTREACH
APPROACH KEY FINDINGS
PARTICIPATION
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025 23
DECISION MATRIX SCORES
Community input directly shaped the
refinement of alternatives. The clear
preference for bridge crossings guided the
decision to eliminate underpass options.
Public support for transforming industrial
parcels into open space reinforced the
value of Route 2, while strong interest
in quicker, lower-cost solutions elevated
Route 5. Together, these insights ensured
that the final concepts reflected technical
feasibility and community priorities.
INFLUENCE ON FINAL CONCEPTS
24 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025
NORTH
Following evaluation of five initial
alignments, two bridge-based concepts
advanced for refinement. Both eliminate
on-street routing through Gray Street,
provide a grade-separated crossing of
52nd Avenue, and enhance trail safety
and accessibility.
ROUTE 2 >>> CONCEPT A
ROUTE 5 >>> CONCEPT B
FINAL CONCEPTS
FINAL CONCEPT COMPARISON
CONCEPT A
CONCEPT B
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025 25
Refined from Alternate Route 2
Description
• Trail crosses Clear Creek and 52nd
Avenue via pedestrian bridges.
• Realignment through industrial
parcels, with potential for conversion
to parkland, wildlife habitat, or flood
storage.
• Entirely new alignment constructed,
bypassing existing trail infrastructure.
Decision Matrix Score: 72/100
• Public Preference: 20/20 – Strongest
community support, especially for
removing industrial activity.
• Cost: 4/20 – Most expensive option
due to potential property acquisition
• Safety: 20/20 – Wide trail, gentle
curves, clear sight lines, and passive
surveillance through future park
activity.
• Clear Creek Experience: 20/20 –
Major improvement with removal of
industrial uses, addition of green
space, and enhanced contact with
nature.
• Feasibility: 8/20 – Low score due
to full trail realignment, property
remediation, and long installation
timeline.
Pros
• Highest public preference and strongest
user experience
• Potential environmental cleanup and
neighborhood revitalization
• Activates underused land, reducing
illicit activity
Cons
• Highest cost
• Lengthy timeline for remediation of
potential property acquisition and
• Entire trail must be built from scratch
INDUSTRIAL PROPERTIES NORTH OF CLEAR CREEK
CONCEPT A: LONG PATH
26 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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CONCEPT A: PLAN AND SECTION
CONCEPT A
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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CONCEPT A: PLAN AND SECTION
CONCEPT A
28 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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CONCEPT A: PLAN AND SECTION
CONCEPT A
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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CONCEPT A
0’100’50’200’
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CONCEPT A: PLAN AND SECTION
30 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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CONCEPT A, BRIDGE OVER CLEAR CREEK WEST: PLAN AND SECTION
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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CONCEPT A, BRIDGE OVER 52ND AVENUE: PLAN AND SECTION
32 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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CONCEPT A, BRIDGE OVER CLEAR CREEK EAST: PLAN AND SECTION
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CONCEPT A, COST OPINION
ITEM QTY UNIT UNIT COST TOTAL COST
Parcel 1 (2.65 Acres)1 LS $1,068,400.00 $1,068,400.00
Parcel 2 (6.13 Acres)1 LS $4,206,200.00 $4,206,200.00
Parcel 3 (13.55 Acres)1 LS $6,840,000.00 $6,840,000.00
SUBTOTAL $12,114,600.00
Clearing and Grubbing 2 AC $15,000.00 $30,000.00
Embankment Material (Complete in Place)5,290 CY $45.00 $238,050.00
Structure Excavation 134 CY $50.00 $6,700.00
Structure Backfill (Class 1)190 CY $63.00 $11,970.00
Filter Material (Class B)8 CY $920.00 $7,360.00
Aggregate Base Course (Class 1)473 CY $35.00 $16,555.00
Aggregate Base Course (Class 6)1,504 TON $50.00 $75,200.00
Drilled Shaft (36 in)304 LF $945.00 $287,280.00
Precast Panel Facing 17,117 SF $61.00 $1,044,137.00
Concrete Class D (Bridge)74 CY $1,500.00 $111,000.00
Concrete Sidewalk 5,025 SY $110.00 $552,750.00
Revegetation 2 AC $34,848.00 $69,696.00
Prefabricated Pedestrian Bridge - Creek West 2,142 SF $418.00 $895,356.00
Prefabricated Pedestrian Bridge - 52nd Ave.1,400 SF $418.00 $585,200.00
Prefabricated Pedestrian Bridge - Creek East 2,716 SF $418.00 $1,135,288.00
SUBTOTAL $5,066,542.00
Construction Surveying 1.0%$50,665.42
Bonding and Mobilization 15.0%$759,981.30
Contingency 20.0%$1,013,308.40
GRAND TOTAL $19,005,097.12
2026 5.0%$19,955,351.98
2027 5.0%$20,953,119.57
2028 5.0%$22,000,775.55
2029 5.0%$23,100,814.33
2030 5.0%$24,255,855.05
SITE CONSTRUCTION
PROPERTY (Denver Property Record Search, Jefferson County jMap)
ANNUAL COMPOUNDING INFLATION COST
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Description
• A pedestrian bridge over Clear Creek,
followed by two pedestrian bridges in
quick succession over 52nd Avenue
and one over Clear Creek.
• Reuses the majority of the existing
trail, requiring only targeted new
construction.
• Minimal potential property acquisition;
limited to a single parcel.
Decision Matrix Score: 88/100
• Public Preference: 16/20 – Ranked
second by the community; appreciated
as a quicker, simpler solution.
• Cost: 20/20 – Most cost-effective;
reuses existing trail and limits potential
property acquisition.
• Safety: 20/20 – Wide trail, open sight
lines, and secure bridge design.
• Clear Creek Experience: 16/20 –
Improved experience, though less
transformative than Concept A.
• Feasibility: 16/20 – Strong score
due to reuse of existing trail and
streamlined implementation.
Refined from Alternate Route 5
Pros
• Cost-effective, with shorter timeline
• Reuses existing infrastructure,
reducing construction impacts
• Requires potential property acquisition
of only one parcel
Cons
• Lower public preference compared to
Concept A
• Less potential for broader community
transformation
CONCEPT B: DOUBLE BRIDGE
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CONCEPT B: PLAN AND SECTION
CONCEPT B
36 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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CONCEPT B: PLAN AND SECTION
CONCEPT B
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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0’10’5’20’
CONCEPT B, BRIDGE OVER CLEAR CREEK WEST: PLAN AND SECTION
38 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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CONCEPT B, BRIDGE OVER 52ND AVENUE: PLAN AND SECTION
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CONCEPT B, BRIDGE OVER CLEAR CREEK EAST: PLAN AND SECTION
40 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
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CONCEPT B, COST OPINION
ITEM QTY UNIT UNIT COST TOTAL COST
Parcel 1 (2.65 Acres)1 LS $1,068,400.00 $1,068,400.00
SUBTOTAL $1,068,400.00
Clearing and Grubbing 1 AC $15,000.00 $15,000.00
Embankment Material (Complete in Place)5,209 CY $45.00 $234,405.00
Structure Excavation 115 CY $50.00 $5,750.00
Structure Backfill (Class 1)91 CY $63.00 $5,733.00
Filter Material (Class B)2 CY $920.00 $1,840.00
Aggregate Base Course (Class 1)92 CY $35.00 $3,220.00
Aggregate Base Course (Class 6)441 TON $50.00 $22,050.00
Drilled Shaft (36 in)308 LF $945.00 $291,060.00
Precast Panel Facing 14,236 SF $61.00 $868,396.00
Concrete Class D (Bridge)196 CY $1,500.00 $294,000.00
Concrete Sidewalk 1,473 SY $110.00 $162,030.00
Revegetation 1 AC $34,848.00 $34,848.00
Prefabricated Pedestrian Bridge - Creek 1,176 SF $418.00 $491,568.00
Prefabricated Pedestrian Bridge - 52nd Ave.4,410 SF $418.00 $1,843,380.00
SUBTOTAL $4,273,280.00
Construction Surveying 1.0%$42,732.80
Bonding and Mobilization 15.0%$640,992.00
Contingency 20.0%$854,656.00
GRAND TOTAL $6,880,060.80
2026 5.0%$7,224,063.84
2027 5.0%$7,585,267.03
2028 5.0%$7,964,530.38
2029 5.0%$8,362,756.90
2030 5.0%$8,780,894.75
SITE CONSTRUCTION
PROPERTY (Denver Property Record Search, Jefferson County jMap)
ANNUAL COMPOUNDING INFLATION COST
CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025 41
COMMON DESIGN ELEMENTS
FINDINGS
Both concepts share technical and design
elements in common:
• Pedestrian Bridges: Prefabricated,
weathering steel pony truss bridges
with concrete decks, 14-foot width. Low
maintenance and 75-year design life.
• Foundations: Drilled piers into stable
soils/bedrock, with precast MSE
retaining wall approaches.
• Trail Standards: 10-foot concrete trail
with 2-foot crusher fines shoulders,
ADA compliant.
• Concept A delivers the most
transformative experience but requires
significant time and investment.
• Concept B is the most feasible and
cost-effective, offering immediate safety
and connectivity benefits while still
improving the trail environment.
Highest (20/20)Second Highest (20/20)Public Preference
Category Concept A- Long Path Concept B- Double Bridge
Very High (4/20)
Excellent (20/20)
Transformative (20/20)
Low (8/20)
72 / 100
Lowest (20/20)
Excellent (20/20)
Improved but Modest (16/20)
High (16/20)
88 / 100
Cost
Safety
Experience
Feasibility
Overall Score
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TYPICAL SECTION- CLEAR CREEK PEDESTRIAN BRIDGES TYPICAL SECTION- 52ND AVENUE OVERPASS BRIDGES
MESH SIDING
MESH SIDING
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PRECAST PANEL MSE WALL EXAMPLES
PONY TRUSS PEDESTRIAN BRIDGE WITH WEATHERING STEEL EXAMPLES
BRIDGE EXAMPLE IMAGERY
44 CLEAR CREEK GRADE SEPARATION FEASIBILITY STUDY
NOVEMBER 2025
The Clear Creek Trail at 52nd Avenue
presents one of the last significant barriers
in the regional trail corridor. The current
at-grade crossing through Gray Street
compromises safety, accessibility, and the
trail user experience. This study confirms
that underpass and low-water crossing
options are infeasible due to hydraulic,
clearance, and flooding constraints.
Two bridge-based concepts emerged as the
most viable solutions:
• Concept A – Long Path, offering the
most transformative improvements and
highest public preference but requiring
substantial costs.
• Concept B – Double Bridge, delivering
the most cost-effective, feasible solution
with a shorter implementation timeline
and strong safety outcomes.
Both concepts create a safe, continuous,
and accessible trail connection across
52nd Avenue, eliminating on-street
routing and enhancing the Clear Creek
Trail experience.
Advancing either concept will require
resolving key uncertainties:
• Potential Property Acquisition – The
potential need to purchase one or more
parcels .
• Brownfield Remediation –
Industrial parcels are assumed to
be contaminated. Environmental
assessments and possible cleanup will
be needed.
• Utilities – Overhead utility lines
constrain bridge placement.
Coordination with Xcel Energy will
be required to confirm clearance and
design allowances.
• Floodplain Compliance – Bridge
spans must be verified to maintain a
“no adverse impact” condition under
both 2005 effective mapping and the
updated 2022 FHAD.
• Site Investigations – Subsurface utility
engineering and further geotechnical
investigations are needed to refine
bridge designs and construction
feasibility.
CONCLUSIONS, RISKS,
AND NEXT STEPS
CONCLUSIONS RISKS AND UNKNOWNS NEXT STEPS
To move the project toward to
implementation, the design team suggests
that Denver and its partners:
1. Investigate Property Procurement –
Further investigate potential property
acquisition and conduct environmental
site assessments for private parcels.
2. Complete Site Investigations –
Undertake detailed subsurface utility
engineering, hydraulic modeling
verification, and additional geotechnical
testing.
3. Advance Conceptual Design – Refine
bridge spans, approaches, grading, and
alignments to support permitting and
funding applications.
4. Coordinate with Stakeholders – It
will be vital for Denver, Wheat Ridge,
Jefferson County, and the MHFD to
continue their partnership to make the
study area a beneficial part of all their
communities.
5. Secure Funding and Permits –
Explore funding sources for property
restoration and design, and begin
floodplain and utility permitting
processes.
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APPENDIX
TABLE OF CONTENTS
DOTI Deck Repair for 52nd Ave. Bridge 46
52nd Ave. Bridge Inspection Report 49
Existing FEMA Flood Map and Information 52
Geotechnical Report 55
Alternatives Pros and Cons Analysis 63
Public Meeting Boards 68
Public Meeting and Survey Yard Sign 69
Public Survey Results 70
Final Concept Report 71
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DOTI DECK REPAIR FOR 52ND AVE. BRIDGE
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52ND AVE. BRIDGE INSPECTION REPORT
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The proposed trail improvements cross Clear Creek,
placing both the existing trail and the new enhancements
within a FEMA-designated Zone AE floodplain. As a result,
floodplain permitting is required before construction can
begin. The project area is identified on the following Flood
Insurance Rate Maps (FIRMs): 08059C0212F, 0859C0216F,
0800460062G, and 0800460066G.
The selected design alternatives are intended to minimize
impacts to the floodplain and are expected to qualify for a
“no rise” floodplain permit.
The “no rise” floodplain permit compares existing hydraulic
conditions, modeled in HEC-RAS, to the proposed
improvements to confirm the project is not anticipated to
raise the 100-year base flood elevation.
If the improvements are anticipated to raise the 100-year
base-flood elevation, an additional pre-project Conditional
Letter of Map Revision (CLOMR) is needed.
If the project is anticipated to result in changes to the 100-
year base-flood elevation more than 0.3 feet, an additional
post-project Letter of Map Revision (LOMR) is required.
Floodplain permitting requires separate reviews and
approvals from each jurisdiction within the study area,
including Denver, Wheat Ridge, and Jefferson County. If
a CLOMR or a LOMR is necessary, the application is also
subject to review by the Mile High Flood District and the
Federal Emergency Management Agency (FEMA).
Current FEMA floodplain mapping was completed in 2005,
and FEMA floodplain mapping for the study area is in the
process of being updated to match the 2022 Clear Creek
Flood Hazard Area Delineation (2022 FHAD), which is locally
regulatory and approved by CWCB. As a result, floodplain
permitting, hydraulic models, and map changes will need
to demonstrate a “no adverse impact” condition for both the
2005 effective mapping and the 2022 Clear Creek FHAD
mapping.
The CDOT Bridge requirements are in Chapter 10 of the
CDOT Drainage Design Manual. The primary requirements
are:
• A minimum freeboard of 3 ft is required for a 100-year
flood for low to moderate debris streams with velocities
greater than 6 FPS
• All bridges must be designed to withstand 100-year and
500-year storm scour events without failing
EXISTING FEMA FLOODPLAIN MAP AND INFORMATION
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TABLE OF CONTENTS
SUMMARY ................................................................................................................................ 1
PURPOSE AND SCOPE OF STUDY ......................................................................................... 2
PROPOSED DEVELOPMENT ................................................................................................... 2
SITE CONDITIONS ................................................................................................................... 3
SUBSURFACE CONDITIONS ................................................................................................... 3
LABORATORY TESTING .......................................................................................................... 4
GEOTECHNICAL ENGINEERING CONSIDERATIONS FOR STRUCTURES ........................... 5
SITE GRADING ......................................................................................................................... 6
WATER-SOLUBLE SULFATES ................................................................................................. 7
LIMITATIONS ............................................................................................................................ 7
FIG. 1 – LOCATIONS OF EXPLORATORY BORINGS
FIG. 2 – LOGS OF EXPLORATORY BORINGS
FIG. 3 – LEGEND AND NOTES
FIG. 4 – SWELL-CONSOLIDATION TEST RESULTS
FIG. 5 – GRADATION TEST RESULTS
TABLE I – SUMMARY OF LABORATORY TEST RESULTS
GEOTECHNICAL REPORT
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SUMMARY
1. Information on the subsurface conditions was obtained by drilling two exploratory
borings at the locations indicated on Fig. 1. Approximately 8 and 6 feet of pre-existing fill
was encountered in Borings 1 and 2, respectively. The fill was underlain by naturally
deposited (natural) granular soils, extending to bedrock at a depth of about 11 and 13
feet in Borings 1 and 2, respectively. The borings were terminated in the bedrock at a
depth of 30 feet.
Groundwater was encountered in the borings during drilling at depths of about 25 to 27
feet. A follow-up measurement made approximately 8 days later indicated groundwater
at approximately 9 feet in Boring 1, and 19 feet in Boring 2.
2. Site subsurface conditions expected to affect site development include the presence of
undocumented pre-existing fill, shallow groundwater, and very hard bedrock. Further
discussion is provided in the body of this report.
3. Based on the subsurface conditions encountered in the borings and the proposed
construction, the bridges/underpass, if constructed, may be placed on a foundation
system consisting of either spread footings, or a deep foundation system consisting of
drilled piers terminating in the underlying bedrock.
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PURPOSE AND SCOPE OF STUDY
This report presents the results of a preliminary geotechnical engineering study for the proposed
Clear Creek Trail Separation Feasibility Study at West 52nd Avenue in northwest Denver,
Colorado. The project site is shown on Fig. 1. This study was conducted for the purpose of
providing preliminary geotechnical engineering recommendations and considerations for use in
conceptual design and alternative analyses for the project. This study was performed in general
accordance with our Proposal No. P-24-627 to Design Concepts dated June 28, 2024.
A field exploration program consisting of drilling exploratory borings was conducted to obtain
information on subsurface conditions. Samples of the soils obtained during the field exploration
were tested in the laboratory to determine their classification and engineering characteristics.
This report has been prepared to summarize our data obtained to present our conclusions and
preliminary recommendations based on the subsurface conditions encountered. The information
and conclusions presented herein are based on data obtained from exploratory borings drilled at
the project site. Preliminary design parameters and a discussion of general geotechnical
engineering considerations related to construction of the future development are included in the
report.
PROPOSED DEVELOPMENT
Based on the proposal request from Denver Parks and Recreation, we understand the project
includes evaluating the feasibility of alternatives to align the Clear Creek Trail, which includes
either routing it under West 52nd Avenue via an underpass, or by constructing a pedestrian/bike
path bridge over West 52nd Avenue just east of I-76.
The project will also develop a new trail corridor south of West 52nd Avenue that will provide
uninterrupted access and will tie into the existing trail south of Harlan Street. We understand
there are five alternative routes for the new trail at this time, with two of the alternatives
proposing another bridge over Clear Creek at West 51st Avenue.
The new trail is anticipated to be a 12-foot-wide concrete path with an adjacent crusher fines
trail. The overpass/underpass is expected to be 16 to 18-feet wide.
Finally, portions of the existing trail north of West 52nd Avenue may be realigned to elevate them
above the flood plain.
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SITE CONDITIONS
The overall project limits begin north of West 52nd Avenue where the Clear Creek Trail crosses
under I-76 and extends south along Clear Creek for approximately six-tenths of a mile where
the trail ties into Creekside Park. The current concrete trail alignment extends south from the I-
76 underpass on the east side of Clear Creek for approximately two-tenths of a mile, terminating
at West 52 Avenue. The trail alignment is interrupted at this point and eventually resumes on
the east side of Clear Creek at West 51st Avenue, extending south along the east side of Clear
Creek for another two-tenths of a mile where it enters Creekside Park.
The topography of the alignment generally follows the Clear Creek alignment, dropping gently in
elevation from southwest to northeast.
SUBSURFACE CONDITIONS
Field Exploration: Information on the subsurface conditions was obtained by drilling two
exploratory borings at the proposed overpass/underpass/bridge locations indicated on Fig. 1.
The exploratory borings were advanced into the overburden soils using 7.75-inch outside
diameter hollow-stem augers. Samples of the soils and bedrock encountered in the borings
were obtained with either a 2-inch diameter California-type drive sampler, or a 1-3/8-inch split-
spoon sampler, when necessary, due to wet granular soils. The sampler was driven with blows
from a 140-pound hammer falling 30 inches. Sampling with the split-spoon sampler is the
standard penetration test (SPT) procedure described by the American Society for Testing and
Materials (ASTM) Method D1586. Sampling with the California-liner is similar to the SPT
procedure. Penetration resistance values (blow counts) indicate the relative density or
consistency of the subsurface soils.
Graphic logs of the exploratory borings are presented on Fig. 2, and a legend and notes
describing the subsurface soils encountered are presented on Fig. 3.
Subsurface Conditions: Approximately 8 and 6 feet of pre-existing fill was encountered in
Borings 1 and 2, respectively. The fill was underlain by naturally deposited (natural) granular
soils, extending to bedrock at a depth of about 11 and 13 feet in Borings 1 and 2, respectively .
The borings were terminated in the bedrock at a depth of 30 feet.
The pre-existing fill generally consisted of clayey sand with varying concentrations of gravel and
silty clayey sand. The natural granular soils consisted of silty sand with gravel, and poorly-
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graded gravel with silt, sand, and clay with occasional small cobbles. The natural soils were
medium dense to dense based on blow counts, and were slightly moist to wet, when
encountered below groundwater. The bedrock consisted of very hard claystone in Boring 1, and
very hard, partially cemented sandstone in Boring 2.
Groundwater was encountered in the borings during drilling at depths of about 25 to 27 feet. A
follow-up measurement made approximately 8 days later indicated groundwater at
approximately 9 feet in Boring 1, and 19 feet in Boring 2. At the completion of the follow-up
measurement, the borings were backfilled with soil generated from the drilling process.
Water levels may fluctuate with time and fluctuate upward in response to seasonal precipitation.
LABORATORY TESTING
The samples obtained from the exploratory borings were visually classified by the project
engineer. Laboratory testing was performed on selected samples to determine in-situ soil
moisture content and dry density, liquid and plastic limits, gradation, swell-consolidation, and
concentration of water-soluble sulfates. The results of the laboratory testing program are shown
adjacent to the boring logs on Fig. 2, plotted graphically on Figs. 4 and 5, and summarized in
Table I. The testing was conducted in general accordance with recognized ASTM International
test procedures. The percentage of water-soluble sulfates was evaluated in general accordance
with the Colorado Department of Transportation (CDOT) CP-L 2103 test procedure.
Index Properties: Samples were classified into categories of similar engineering properties in
general accordance with the Unified Soil Classification System. This system is based on index
properties, including liquid limit, plasticity index and grain size distribution. Values for moisture
content, dry density, liquid limit, plasticity index and the percent of soil retained on the No. 4
sieve, and percent soil passing the U.S. No. 200 sieve are presented in Table I and adjacent to
the corresponding sample on the boring logs. The results of gradation testing performed on a
sample of the natural granular soil are presented on Fig. 5.
Swell-Consolidation Testing: Swell-consolidation testing was conducted on a sample of the
claystone bedrock in order to determine its compressibility and/or swell characteristics under
loading and when wetted. The sample was prepared and placed in a confining ring between
porous discs. A selected surcharge pressure of 1,000 psf was applied to the sample, and the
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sample was allowed to compress to a stabilized height before being submerged in water. The
sample height was monitored until deformation practically ceased under each load increment.
The results of the laboratory swell-consolidation testing indicate moderate swell potential for the
on-site clay overburden soils and claystone bedrock when inundated under loading. Results of
the swell-consolidation testing are presented on Figs. 4.
GEOTECHNICAL ENGINEERING CONSIDERATIONS FOR STRUCTURES
The subsurface conditions encountered in the borings were evaluated to develop preliminary
geotechnical engineering recommendations for the proposed development. Site subsurface
conditions expected to affect site development include the presence of undocumented pre-
existing fill, shallow groundwater, and very hard bedrock.
Pre-Existing Fill: The existing fill is in its present state not suitable for support structure
foundations due to the likely possibility of the fill being placed in an uncontrolled manner.
Existing fill materials will impact site preparation and earthwork, and design and construction of
foundations.
Structure Foundations: Based on the subsurface conditions encountered in the borings and the
proposed construction, the bridges/underpass, if constructed, may be placed on a foundation
system consisting of either spread footings, or a deep foundation system consisting of drilled
piers terminating in the underlying bedrock. Using a deep foundation system has the advantage
of bottoming the piers in a zone of relatively stable moisture content and concentrating the loads
to help offset uplift forces from expansive bedrock while providing additional lateral support.
Drilled piers can be installed efficiently and have a high success rate in the Denver area,
providing high supporting capacity with little movement. In addition, drilled piers extending a
sufficient depth into the bedrock will provide resistance to uplift caused by potential swelling
bedrock. Given the consistency of the bedrock at the site, we believe it is feasible to design the
drilled piers for allowable end-bearing soil pressures within a range of 25,000 to 35,000 psf with
allowable side shear equal to 10% of the end bearing pressure for the portion of the pier in
bedrock. Piers should also be designed for minimum dead load pressures between 15,000 and
25,000 psf if installed in claystone bedrock.
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Variably cemented sandstone bedrock was encountered in Boring 2. Drilling in such zones may
require a core barrel or pilot hole to facilitate drilling with the required size auger. Contractors
should keep in mind that very hard rock may be encountered during drilling and should mobilize
equipment of sufficient size and operating condition to achieve the required bedrock
penetration.
Due to the presence of groundwater and granular soils in the exploratory borings, the use of
temporary casing and/or dewatering equipment may be required to reduce water infiltration in
drilled holes for piers. It may be possible to eliminate or reduce the need for casing by placing
concrete immediately upon drilling and inspection of the pier hole.
As an alternative, shallow foundations consisting of spread footings bearing directly on a
uniform thickness of structural fill extending to undisturbed natural overburden soils or bedrock
may be feasible. Pre-existing fill materials will require over-excavation and replacement with
structural fill to create a pad of suitable bearing material for shallow foundations. Spread
footings bearing on soils as described may be designed for net allowable soil bearing pressures
between 2,500 and 3,500 psf. The feasibility for shallow foundations should be further evaluated
with additional borings in the design-level investigation.
Shallow Groundwater: Stabilized groundwater was measured in Boring 1 at a depth of
approximately 9 feet. The underpass, if constructed, may require dewatering during excavation
and/or shallow foundation construction. Stream diversions, if required, are typically
accomplished by levies, sheet piling or other methods selected by the contractor. The capacity
of pumps required to adequately lower the groundwater within the excavation will depend on the
extent of the area to be dewatered at any given time and the necessary draw down of the
groundwater level.
SITE GRADING
Temporary Excavations: For temporary excavations that occur during site grading, the granular
fills and natural granular overburden soils classify as Type C soils according to OSHA criteria.
The bedrock generally classifies as Type A or Type B depending on the level of fracturing. All
excavations should be constructed in accordance with the applicable OSHA guidelines. OSHA
requires excavations or trenching over 20 feet deep be designed by a registered professional
engineer.
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Where insufficient lateral space is available due to the proximity to property boundaries and
existing structures and facilities, temporary shoring may be required. It is our experience that
temporary shoring systems are typically designed and built by specialty contractors and that the
designers will typically develop their own design criteria based on soil data presented in the
owner’s geotechnical study report. Temporary shoring provided in close proximity to existing
structures or traffic areas should be sufficiently stiff to prevent movement.
If groundwater is encountered during excavation, dewatering and placement of crushed
rock/concrete will likely be required. Stabilization in groundwater excavations should consist of
placement by pushing or crowding crushed rock or crushed concrete into the subgrade and
placing this material to a level of at least 12 inches above the groundwater level. The aggregate
should be vibrated to induce compaction. Larger size rock up to 3 inches may be used.
WATER-SOLUBLE SULFATES
The concentration of water-soluble sulfates was measured in a sample of the on-site soils and a
sample of the bedrock obtained from the exploratory borings. The results indicated the
concentration of water-soluble sulfates was 0.01% or less. This concentration of water-soluble
sulfates represents a Class S0 severity exposure of sulfate attack on concrete exposed to these
materials. These degrees of attack are based on a range of Class S0 (not applicable), Class S1
(moderate), Class S2 (severe), and Class S3 (very severe) severity exposure as presented in
ACI 201.2R.16.
Based on the laboratory data, we believe special sulfate resistant cement will generally not be
required for concrete exposed to the on-site soils. The need for sulfate resistant cement should
be further investigated during design-level studies.
LIMITATIONS
This report has been prepared for use by the client for preliminary design and planning
purposes. The preliminary conclusions and recommendations submitted in this report are based
upon the data obtained from the two exploratory borings drilled at the requested locations
indicated on Fig. 1. An additional design-level geotechnical investigation should be conducted,
and a final geotechnical report should be prepared once development is finalized, and structure
type and locations have been determined.
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The scope of services for this project does not include any environmental assessment of the site
or identification of contaminated or hazardous materials or conditions. If the owner is concerned
about the potential for such contamination, other studies should be undertaken.
RRK/ls
Rev by: JLB
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Project No.:25-1-377
Project Name:Clear Creek Trail - Grade Separation Feasibility Study
Date Sampled:
Date Received:
Depth Gravel Sand
Liquid
Limit
1 4 6/18/25 9.4 81.9 11 47 42 33 18 0.00 Fill: Clayey Sand (SC)
1 9 6/18/25 6.1 54 35 11 19 5 Poorly Graded Gravel with Silty Clay (GC-GM)
1 19 6/18/25 14.9 113.9 87 42 20 0.01 Claystone Bedrock
2 4 6/18/25 7.8 94.2 34 37 29 38 19 Fill: Clayey Sand with Gravel (SC)
Water
Soluble
Sulfates Date
Natural
Content
Natural
Dry
Density
Percent
Passing
No. 200
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ALTERNATE PROS AND CONS ANALYSIS
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PUBLIC MEETING BOARDS
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Clear Creek Trail
Feasibility StudyEstudio de Factibilidad
Community Outreach SurveyEncuesta Comunitaria de Alcance
Community Open HouseCommunity Open House
WHEN | CUANDO
Thursday, April 3, 2025 | 4:30 - 6:30 PM
WHERE | DONDE
Centennial Elementary School
4665 N Raleigh St, Denver, CO 80212
For more information, visit https://bit.ly/ClearCreekTrail
Para obtener información adicional, visite https://bit.ly/ClearCreekTrail
PUBLIC MEETING AND SURVEY YARD SIGN
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PUBLIC SURVEY RESULTS
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FINAL CIVIL CONCEPT PLAN
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ITEM NUMBER: 1b
DATE: August 24, 2026
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION NO. 38-2026
TITLE: A RESOLUTION OF SUPPORT FOR AN APPLICATION TO THE
JEFFERSON COUNTY PARKS AND OPEN SPACE TRAILS
PARTNERSHIP PROGRAM FOR AN EROSION MITIGATION
PROJECT
☐PUBLIC HEARING
☐BIDS/MOTIONS
☒RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The Jefferson County Parks and Open Space (JCPOS) Trails Partnership Program
allows communities within the County to apply for funding in the amount of up to 50%
of the cost of projects related to regional trails. A City Council Resolution of Support is
required as part of the application.
Staff would like to submit a proposal to fund the construction of erosion mitigation and
safety improvement measures along the Clear Creek Trail (CCT) north of the Clear
Creek Crossing retention pond.
PRIOR ACTION:
In 2023, Council supported a funding application to this same JCPOS funding program
for the design phase study and approved the intergovernmental grant agreement to
accept and invest the funding into the design phase.
FINANCIAL IMPACT:
Construction costs estimated for this project are $1,500,000. Should this proposal be
supported, submitted, and funded in 2028, the City of Wheat Ridge would contribute
50% of the construction cost, or $750,000. These funds would likely come from the
Open Space Special Fund. Staff are currently pursuing additional grants for this project
as well.
Council Action Form – JCPOS Application for Clear Creek Trail Erosion Construction
August 24, 2026
Page 2
BACKGROUND:
North of Clear Creek Crossing and between the two Clear Creek Crossing connection
trails, the Clear Creek Trail faces increasing erosion concerns from both the slopes to
the retention pond to its south and Clear Creek to its north. This erosion threatens the
stability and usability of the Trail itself and poses safety concerns for users.
In 2024, JCPOS awarded a grant for approximately 50% of the project cost to analyze
and design improvements for the erosion and safety issues along this segment.
In 2025, the City contracted with WSB to analyze the area and provide improvement
recommendations. As of July 2026, that design is approaching the 90% design
threshold. WSB has provided construction estimates for the design.
This project would remove earthwork to lower the Trail by 3’-4’, giving it a wider base to
increase user safety and mitigate the approaching erosion. It would also install soil
stabilization efforts including vegetation, riprap rocks, and erosion control mesh, along
with safety fencing. The project would create a designated gold-panning loop adjacent
to the main Trail to provide formalized access to Clear Creek for gold panning.
RECOMMENDATIONS:
Staff recommends passing this Resolution to make a Jefferson County Parks and Open
Space funding request eligible for County consideration.
An alternative is to decide to delay this project beyond 2028.
RECOMMENDED MOTIONS:
“I move to approve Resolution No. 38-2026, a resolution of support for an application to
the Jefferson County Parks and Open Space Trails Partnership Program for an erosion
mitigation project.”
Or,
“I move to postpone indefinitely Resolution No. 38-2026, a resolution of support for an
application to the Jefferson County Parks and Open Space Trails Partnership Program
for an erosion mitigation project, for the following reason(s).”
REPORT PREPARED/REVIEWED BY:
Brandon Altenburg, Deputy Director of Parks and Recreation
Karen O’Donnell, Director of Parks and Recreation
Patrick Goff, City Manager
ATTACHMENTS:
Council Action Form – JCPOS Application for Clear Creek Trail Erosion Construction
August 24, 2026
Page 3
1. Resolution No. 38-2026
2. Clear Creek Trail Erosion Clear Creek Crossing Opinion of Probable Cost
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 38
SERIES OF 2026
TITLE: A RESOLUTION OF SUPPORT FOR AN APPLICATION TO THE
JEFFERSON COUNTY PARKS AND OPEN SPACE TRAILS
PARTNERSHIP PROGRAM FOR AN EROSION MITIGATION PROJECT
WHEREAS, the City of Wheat Ridge manages seven miles of the regional Clear
Creek Trail; and
WHEREAS, the City of Wheat Ridge is currently working with an engineering firm
to design improvements to the Clear Creek Trail north of Clear Creek Crossing to mitigate
erosion threats and improve user safety; and
WHEREAS, the Wheat Ridge City Council supports this project and an application
for funding to the Jefferson County Parks and Open Space Trails Partnership Program to
construct the designed improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO THAT:
Section 1. The Mayor or the City Manager of the City or any other member of
the City Council and all appropriate City officers are hereby authorized and directed to
execute and deliver and the City Clerk is hereby authorized and directed to attest and
deliver such other agreements and certificates and to take such other actions as may be
necessary or convenient to carry out and give effect to the Assignment and this
Resolution.
Section 2. Nothing contained in this Resolution, or the Assignment shall
constitute a debt, indebtedness, or multiple-fiscal year direct or indirect debt or other
financial obligation of the City within the meaning of the Constitution or statutes of the
State or the home rule charter of any political subdivision thereof, nor give rise to a
pecuniary liability of the City or a charge against its general credit or taxing powers.
Section 3. If any section, paragraph, clause, or provision of this Resolution shall
for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
any such section, paragraph, clause, or provision shall not affect any of the remaining
provisions of this Resolution.
Section 4. This Resolution shall be in full force and effect upon its passage
and approval.
ATTACHMENT 1
DONE AND RESOLVED this 24th of August 202
Korey Stites, Mayor
[SEAL]
ATTEST:
Janeece Hoppe, City Clerk
CLEAR CREEK BANK STABLIZATION Design By:SCL
CITY OF WHEAT RIDGE Checked By:
031109-000 Date:8/15/2026
Item No.
MHFD
Specifica
tion No.
Description Unit
Estimate
d Total
Quantity
Estimated Unit Price Estimated Total
Cost
1 MOBILIZATION LS 1 $50,000.00 $50,000.00
2 AGGREGATE PLATFORM LS 1 $8,000.00 $8,000.00
3 TRAFFIC CONTROL LS 1 $15,000.00 $15,000.00
4 REMOVE DEBRIS CY 85 $125.00 $10,625.00
5 TREE PROTECTION LS 1 $2,500.00 $2,500.00
6 STREET SWEEPER WITH PICKUP BROOM HR 20 $200.00 $4,000.00
7 CLEARING AND GRUBBING (P)AC 2.1 $4,000.00 $8,400.00
8 REMOVAL OF CONCRETE TRAIL SY 1962 $12.00 $23,544.00
9 COMMON EXCAVATION (EARTHWORK)SY 4032 $25.00 $100,800.00
10 CONSTRUCT 6" CONCRETE TRAIL SY 1962 $100.00 $196,200.00
11 CLASS V AGGREGATE BASE (TRAIL BASE) TON 458 $50.00 $22,900.00
12 TOE-WOOD LF 100 $120.00 $12,000.00
13 EROSION CONTROL SOLMAX / ARMOURMAX SY 1575 $25.00 $39,375.00
14 SOIL FILLED RIPRAP CLASS IV TON 1060 $125.00 $132,500.00
15 RANDOM RIPRAP CLASS IV TON 175 $110.00 $19,250.00
16 RANDOM RIPRAP CLASS V TON 2590 $130.00 $336,700.00
17 COARSE AGGREGATE (RIPRAP BASE)TON 1050 $50.00 $52,500.00
18 SEEDING (OATS)LB 165 $10.00 $1,650.00
19 SEEDING (NATIVE)LB 20 $35.00 $700.00
20 SEEDING (RIPARIAN)LB 2 $50.00 $100.00
21 SEEDING (UPLAND GRASSLAND)LB 18 $120.00 $2,160.00
22 LIVE STAKES EA 15 $6.00 $90.00
23 FLOATATION SILT CURTAIN TYPE MOVING WATER LF 200 $50.00 $10,000.00
24 SEDIMENT CONTROL LOG TYPE COMPOST LF 200 $7.00 $1,400.00
25 SALVAGE AND REPLACE FENCE LF 1300 $25.00 $32,500.00
26 WOODEN FENCE LF 275 $45.00 $12,375.00
27 SPEED LIMIT SIGN (BIKE TRAIL)EA 2 $200.00 $400.00
28 DOG WASTE STATION LS 2 $150.00 $300.00
Subtotal $1,095,969.00
+ 10% Contingencies $109,600.00
Project Total $1,205,569.00
+ 15% Indirect Costs $180,840.00
Project Total $1,386,409.00
10% increase for 2028 construction based on 2026 estimates:$1,525,049.90
OPINION OF PROBABLE COST
WSB Project:
Project Location:
WSB Project No:
ATTACHMENT 2
ITEM NUMBER: 2
DATE: August 24, 2026
REQUEST FOR CITY COUNCIL ACTION
COUNCIL BILL NO. 16-2026
TITLE: AN ORDINANCE GIVING NOTICE OF AND CALLING A SPECIAL
ELECTION TO BE HELD NOVEMBER 3, 2026, AND
SUBMITTING A BALLOT QUESTION CONCERNING AN
INCREASE IN THE CITY SALES AND USE TAX OF ONE
PERCENT FOR COMMUNITY CAPITAL IMPROVEMENTS
☒PUBLIC HEARING
☐BIDS/MOTIONS
☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☒ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
City Council is asked to consider an ordinance calling a coordinated election on
November 3, 2026, and submitting to the registered electors of the City of Wheat Ridge a
ballot question authorizing a one percent (1.0%) sales and use tax dedicated to funding
voter-approved capital improvements.
PRIOR ACTION:
• 2024–2026: The City completed or substantially advanced several major planning
initiatives, including the Facilities Master Plan, transportation planning efforts, parks
and recreation planning, bicycle and pedestrian network planning, and ongoing
infrastructure assessments. These efforts consistently identified significant
unfunded capital needs, including replacement of aging City Hall and Police
facilities, replacement of the Anderson Park outdoor pool, preservation of the
Wilmore Davis and Kullerstrand school properties, expansion of the City's bicycle
and pedestrian network, and proactive investment in streets and infrastructure.
• April 11, 2026 – Council Planning Workshop: Mayor and City Council held a planning
workshop to establish a financially realistic path for addressing Wheat Ridge's long-
term capital investment needs. During the workshop, Council discussed the City's
highest-priority capital projects, reviewed funding challenges, and directed staff to
continue evaluating funding strategies and develop a cohesive ten-year capital
Council Action Form – 2026 Ballot Language
August 24, 2026
Page 2
improvement plan.
• June 8, 2026 – Study Session: City Council reviewed the results of the City's first
statistically valid community survey conducted by Magellan Strategies. The polling
evaluated resident priorities for major capital investments, public trust in the City's
stewardship of taxpayer resources, support for various funding mechanisms, and
preferences for potential ballot structures. Based on the polling results, Council
discussed the viability of a 2026 ballot measure and provided direction to conduct
additional polling, further evaluate a sales tax as the preferred funding mechanism,
refine project priorities, and continue development of potential ballot language.
• July 27, 2026: City Council conducted a Study Session to review the results of the
City's second round of community polling conducted by Magellan Strategies and a
debt capacity analysis prepared by Piper Sandler. The polling evaluated voter
priorities, support for major capital investments, and potential funding mechanisms,
while Piper Sandler presented financing options available to the City. Council
discussed potential ballot concepts and provided policy direction for staff to
continue refining a potential sales tax measure for the November 3, 2026,
coordinated election.
• August 3, 2026 – Study Session: City Council continued its discussion of the
proposed 2026 sales tax ballot measure. Staff presented an updated phased
financing strategy, and a recommended ballot question authorizing a one
percent (1.0%) sales and use tax dedicated exclusively to voter-approved capital
improvements. The presentation also included an analysis comparing
certificates of participation and sales tax revenue bonds, demonstrating that a
phased financing strategy utilizing certificates of participation would provide
greater long-term borrowing capacity and financial flexibility while allowing
future investments in transportation, bicycle and pedestrian improvements, and
street maintenance.
FINANCIAL IMPACT:
Approval of this ordinance has no immediate fiscal impact because it only places the
question before the voters.
If approved by the electorate, the proposed one percent (1.0%) sales and use tax is
projected to generate approximately $11.7 million annually beginning in the first full
fiscal year. Based on the debt capacity analysis prepared by Piper Sandler, the proposed
revenue source could provide approximately $236 million in total capital funding over
the next decade through a phased financing strategy utilizing certificates of
participation. The financing plan is intended to fund the City's highest-priority capital
needs while preserving flexibility to address future infrastructure and community
investments as revenues grow.
Council Action Form – 2026 Ballot Language
August 24, 2026
Page 3
BACKGROUND:
Over the past several years, the City has undertaken a series of long-range planning
efforts to identify the community's highest-priority capital investment needs. These
efforts include the Facilities Master Plan, parks and recreation planning, transportation
planning, bicycle and pedestrian planning, and ongoing infrastructure assessments.
Collectively, these planning initiatives identified several significant capital projects that
will need to be addressed over the next decade, including replacing aging City Hall,
Police, and other municipal facilities; replacing the Anderson Park outdoor pool;
preserving the Wilmore Davis and Kullerstrand school properties for future community
use; expanding the City's bicycle and pedestrian network; and addressing deferred
street and infrastructure maintenance. Existing revenues are insufficient to fund these
investments without identifying a new, dedicated revenue source.
To evaluate the community's willingness to support a dedicated funding source, the City
retained Magellan Strategies to conduct statistically valid polling of likely Wheat Ridge
voters. The survey evaluated voter priorities, support for various capital projects, and
potential funding approaches. The polling demonstrated majority support for a
dedicated one percent (1.0%) sales and use tax, with support increasing after voters
received additional information regarding the City's capital needs, the specific projects
to be funded, and the City's commitment to fiscal accountability. The survey also found
that residents place a high priority on maintaining existing infrastructure, support
investments in public safety facilities and community assets, and respond favorably to
a package that clearly identifies the projects to be funded.
To determine the City's financing capacity, the City also retained Piper Sandler to
prepare a comprehensive debt capacity analysis. Following the July 27, 2026, City
Council Study Session, Piper Sandler refined its analysis to evaluate a phased financing
strategy utilizing multiple debt issuances over approximately ten years. Rather than
financing all projects through a single issuance, the phased approach allows the City to
issue certificates of participation as projects are ready for construction, reducing
interest costs on unspent proceeds while maximizing long-term borrowing capacity.
The analysis concluded that a dedicated one percent (1.0%) sales and use tax could
generate approximately $11.7 million annually and provide approximately $236 million
in total capital funding through a combination of phased certificates of participation
and future accumulated revenues.
The analysis also determined that the City's highest-priority projects, including
replacement of City Hall, construction of a new Anderson Park outdoor pool, and
preservation of the former school properties, could be funded during the initial
financing, while maintaining flexibility to address additional transportation, bicycle and
pedestrian, and infrastructure projects as revenues grow.
Council Action Form – 2026 Ballot Language
August 24, 2026
Page 4
certificates of participation provide greater borrowing capacity than traditional sales tax
revenue bonds because they require lower debt service coverage and may be issued
without separate voter authorization after approval of the sales tax measure.
The proposed ordinance places this question before the voters at the November 3,
2026, coordinated election. If approved, the measure would establish a dedicated
funding source to address the City's highest-priority capital needs while providing the
financial flexibility necessary to strategically deliver projects over the next decade.
RECOMMENDATIONS:
Staff recommends approval of Council Bill No. 16-2026.
The proposed ordinance places before voters a dedicated funding source for the City's
highest-priority capital investments while providing flexibility to implement a phased
financing strategy. If approved, revenues would be used exclusively for voter-approved
capital improvements, including:
• Proactive street and infrastructure maintenance;
• Bicycle and pedestrian safety improvements;
• Preservation of the Wilmore Davis and Kullerstrand school properties;
• Replacement of the Anderson Park outdoor pool; and
• Modern police and city services facilities.
RECOMMENDED MOTION:
“I move to approve Council Bill No. 16-2026, an ordinance giving notice of and calling a
special election to be held on November 3, 2026, and submitting a ballot question
concerning an increase in the City sales and use tax of one percent for community
capital improvements on second reading and that it take effect immediately.”
Or,
“I move to postpone indefinitely Council Bill No. 16-2026, an ordinance giving notice
of and calling a special election to be held on November 3, 2026, and submitting a
ballot question concerning an increase in the City sales and use tax of one percent
for community capital improvements, for the following reason(s).”
REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager
Jerry Dahl, City Attorney
ATTACHMENTS:
1. Council Bill No. 16-2026
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER WOOD
Council Bill No. 16
Ordinance No. 1849
Series 2026
TITLE: AN ORDINANCE GIVING NOTICE OF AND CALLING A SPECIAL
ELECTION TO BE HELD ON NOVEMBER 3, 2026, AND
SUBMITTING A BALLOT QUESTION CONCERNING AN
INCREASE IN THE CITY SALES AND USE TAX OF ONE
PERCENT FOR COMMUNITY CAPITAL IMPROVEMENTS
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality organized
and existing under Article XX of the Colorado Constitution and the Home Rule Charter of
the City of Wheat Ridge ("Charter"), and governed by its elected City Council; and
WHEREAS, the Council is authorized to refer questions to the voters by the
Home Rule Charter and by CRS 31-11-111; and
WHEREAS, the Home Rule Charter for the City of Wheat Ridge, Section 2.2
requires that a special election shall be called by resolution or ordinance of the City
Council no less than 60 days in advance of such special election; and
WHEREAS, the Council hereby determines that it is necessary to submit to the
electors of the City, at the coordinated election to be held on November 3, 2026 (the
“Election”), the question of authorizing an increase in sales and use taxes for various
capital improvement purposes as described in the ballot question set forth below (the
“ballot issue”); and,
WHEREAS, Article X, Section 20 of the Colorado Constitution requires voter
approval for any tax rate increase and for the collection, retention, and expenditure of
revenues in excess of applicable constitutional limitations; and
WHEREAS, the Council desires to give notice of and call a special election to be
held on the same date as and coordinated with the general election on November 3,
2026.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Special election called Pursuant to Wheat Ridge City Charter
Sections 2.2 and 6.3 and CRS 31-10-501 and 31-11-111, the Council hereby gives notice
of and calls a Special Municipal Election to be held November 3, 2026, for the purpose of
referring the Ballot Question set forth in Section 2 to the voters of the City.
Section 2. Ballot Issue and Title
SHALL CITY OF WHEAT RIDGE TAXES BE INCREASED BY UP TO $11,700,000
ANNUALLY IN THE FIRST FULL FISCAL YEAR, AND BY WHATEVER ADDITIONAL
AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY INCREASING THE CITY SALES
AND USE TAX BY ONE PERCENT (1.0%) COMMENCING ON JANUARY 1, 2027, TO BE
USED FOR COMMUNITY INVESTMENTS INCLUDING:
• PROACTIVE STREET AND INFRASTRUCTURE MAINTENANCE;
• BICYCLE AND PEDESTRIAN SAFETY IMPROVEMENTS;
• PRESERVATION OF COMMUNITY SPACES AT WILMORE DAVIS AND
KULLERSTRAND ELEMENTARY SCHOOLS;
• REPLACEMENT OF ANDERSON PARK OUTDOOR POOL; AND
• MODERN POLICE AND CITY SERVICES FACILITIES,
AND FOR THE OPERATIONS AND MAINTENANCE OF THE SAME; AND SHALL THE CITY BE
AUTHORIZED TO COLLECT, RETAIN, AND SPEND ALL REVENUES FROM SUCH TAX AS A
VOTER-APPROVED REVENUE CHANGE AND EXCEPTION TO ANY SPENDING OR REVENUE
RESTRICTIONS OR OTHER LIMITS UNDER SECTION 20 OF ARTICLE X OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW?
Section 3. Conduct of Election. The election shall be conducted as a
coordinated election in Jefferson County in accordance with articles 1 to 13 of title 1,
C.R.S. (the “Uniform Election Code”), and Intergovernmental Agreement between the
Board of County Commissioners of Jefferson County, the Jefferson County Clerk and
Recorder and the City of Wheat Ridge, which Agreement is hereby approved.
Section 4. Authorized Action. The City Clerk and other City officials and
employees are hereby authorized and directed to take all action necessary or appropriate
to effectuate the provisions of this Ordinance.
Section 5 . Severability. If any section, paragraph, clause, or provision of this
Ordinance shall be adjudged to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause or provision shall not affect any of the
remaining sections, paragraphs, clauses or provisions of this Ordinance, it being the
intention that the various parts hereof are severable.
Section 6. Authority to Impose Tax. If a majority of the votes cast on the
question to increase taxes submitted at the election shall be in favor of imposing taxes
as provided in such question, the City, acting through the Council, shall be authorized to
proceed with the necessary action to impose such taxes in accordance with such
question.
Section 7. Pursuant to Section 1-11-203.5, C.R.S., any election contest arising out
of a ballot issue or ballot question election concerning the order of the ballot or the form
or content of the ballot title shall be commenced by petition filed with the proper court
within five days after the title of the ballot issue or ballot question is set.
Section 8. Effective Date. This Ordinance shall take effect immediately upon
final adoption and signature by the Mayor as permitted by Section 5.11 of the Home Rule
Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this
10th day of August 2026, ordered 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 August 24, 2026, at 6:30 p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
ADOPTED on second and final reading following public hearing and ordered
published by a vote of ___ to __ on the 24th day of August 2026.
SIGNED by the Mayor on this ________ day of ____________________, 2026.
Korey Stites, Mayor
ATTEST:
Janeece Hoppe, City Clerk
Approved as to Form:
Gerald E. Dahl, City Attorney
First Publication: August 11, 2026
Second Publication: August 25, 2026
Effective Date: August 24, 2026
Published: Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NUMBER: 3
DATE: August 24, 2026
REQUEST FOR CITY COUNCIL ACTION
COUNCIL BILL NO. 17-2026
TITLE: AN ORDINANCE APPROVING THE SALE OF FUTURE CITY-
OWNED REAL PROPERTY AND IN CONNECTION THEREWITH,
AUTHORIZING EXECUTION OF A PURCHASE AND SALE AND
OTHER RELATED AGREEMENTS WITH SPECTRA CENTERS
☐PUBLIC HEARING
☐BIDS/MOTIONS
☐RESOLUTIONS
☒ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The purpose of this action is to request City Council approval of the sale of
approximately 4.5 acres of the former Wilmore Davis Elementary School property,
including the existing school building, to Spectra Centers.
The proposed sale is part of a public-private partnership through which the City intends
to acquire the entire school property from Jefferson County Public Schools, retain
approximately 2.5 acres for permanent park and recreation use, and convey the building
and remaining area to Spectra Centers for reuse as a special education facility school.
Approval of this ordinance will authorize execution of the Purchase and Sale Agreement
between the City and Spectra Centers and related closing documents.
PRIOR ACTION:
City Council has received multiple briefings and updates related to school closures and
future reuse over the last several years, including:
• October 2022: Initial briefing from staff on potential school closures
• November 2022: More detailed briefing prior to school closures
• November 2023: School district update on closed school properties
• April 2024: School district update, including disposition planning
Council Action Form – Wilmore Davis Spectra Center PSA
August 24, 2026
Page 2
• February 2026: Staff proposal to advance an RFI
• June 2026: Staff presentation of Wilmore Davis RFI responses
• July 2026: Staff presentation of draft PSAs
At the July 27, 2026, study session, Council reviewed the draft PSAs between the City,
Jeffco Schools, and Spectra Centers; and further provided consensus to proceed with
the proposed transaction framework.
FINANCIAL IMPACT:
The City proposes to purchase the entire approximately 7-acre Wilmore Davis property
from Jefferson County Public Schools for $2,840,000 and subsequently convey
approximately 4.5 acres, including the existing school building, to Spectra Centers for
$2,750,000. The City would retain approximately 2.5 acres for permanent park and
recreation use.
The resulting net acquisition cost for the park portion is approximately $90,000, before
closing costs. The City is also responsible for a 3% brokerage commission on Spectra’s
purchase, estimated at approximately $82,500, bringing the anticipated net acquisition
cost to approximately $172,500, plus customary closing costs.
The City will also fund the cost of the fence separating the park and Spectra properties,
currently estimated to cost approximately $123,000. Spectra will construct and maintain
the fence. The proposed costs are within the $2.0 million budgeted in the 2026 Open
Space Fund for acquisition and/or development of parkland at Wilmore Davis and
Kullerstrand.
Staff continues to evaluate funding through Jefferson County Open Space’s Land
Conservation Partnership Program, which could further reduce the City’s net cost.
BACKGROUND:
Wilmore Davis Property
Jefferson County Public Schools closed Wilmore Davis Elementary School in May 2023
as part of the district's closure of 16 elementary schools. Following the closure, City
Council requested that Jeffco Schools delay disposition of the property until the City
completed its City Plan and Parks and Recreation Pathway. Both plans were adopted in
fall 2025 and identify the need for additional park and recreation opportunities in the
area and support thoughtful reuse of the former school property.
In February 2026, City Council supported a public-private partnership approach under
which the City would seek to acquire a portion of the property for long-term park use
while identifying a partner to reuse the existing school building and remaining property.
Council Action Form – Wilmore Davis Spectra Center PSA
August 24, 2026
Page 3
The City subsequently issued an RFI in coordination with Jeffco Schools and its
consultant, JLL. The City received nine responses for the Wilmore Davis property. After
evaluating the responses against the criteria established in the RFI, including
compatibility with the City's proposed park use, consistency with adopted City plans,
community benefit, financial feasibility, implementation considerations, and the ability
to support an efficient disposition process, staff recommended Spectra Centers as the
City's preferred partner.
On June 22, 2026, City Council expressed consensus supporting Spectra Centers as the
preferred partner and authorized staff to proceed with a nonbinding Letter of Intent and
preparation of the agreements necessary to advance the proposed transaction.
Spectra Centers Transaction
Spectra Centers is a Colorado-based organization that provides specialized educational
services to public school students. Spectra operates as a facility school licensed by the
Colorado Department of Education and serves students referred by public school
districts who require enhanced special education services.
Spectra proposes to reuse the existing Wilmore Davis school building as a special
education facility school. The proposed use would not require a zoning change and
would allow the existing school building to be substantially reused rather than
demolished and redeveloped.
The proposed transaction is structured as two consecutive real estate transactions.
First, the City would acquire the entire Wilmore Davis property from Jeffco Schools
through the district's Municipal Interest Process. Following that acquisition, the City
would retain approximately 2.5 acres for park and recreation use and convey the
remaining approximately 4.5-acre parcel to Spectra Centers.
The PSA presented for approval is substantially consistent with the draft reviewed by
Council at the July 27, 2026 study session, with the addition of the City’s payment for
the cost of a fence separating the future park property from the Spectra property.
The PSA between the City and Spectra Centers establishes the terms for the City's
subsequent conveyance of the school parcel. The PSA also provides protections
intended to preserve the City's long-term interests in the property. Major provisions
include:
• Purchase of the school parcel and existing building by Spectra Centers;
• Earnest money deposit;
• Due diligence, financing, and licensing contingencies for Spectra;
• Closing immediately following the City's acquisition of the property from Jeffco;
Council Action Form – Wilmore Davis Spectra Center PSA
August 24, 2026
Page 4
• Execution of a Development Agreement prior to closing; and
• Execution of a Right of First Refusal in favor of the City prior to closing.
The Development Agreement and Right of First Refusal will be finalized as part of the
transaction and will establish additional requirements regarding the relationship
between the future park and Spectra campus, such as shared parking and cross access.
City Charter
Section 16.5 of the Wheat Ridge City Charter requires the sale or disposal of municipally
owned real property to be approved by ordinance. Because the proposed conveyance
would constitute the sale of City-owned real property, approval of the PSA and sale is
being brought forward by ordinance.
If Council approves the ordinance on first reading, a public hearing and second reading
will be scheduled for September 14, 2026. At that time, approval of the ordinance would
require approval by three-fourths of the entire City Council.
The PSA between the City and Jeffco Schools requires approval by motion and will be
advanced as a separate council action on September 14. The transactions are intended
to occur in coordination so that the City can acquire the full property from Jeffco
Schools and subsequently convey the Spectra parcel.
RECOMMENDATIONS:
Staff recommends approval of the ordinance on first reading.
RECOMMENDED MOTIONS:
“I move to approve Council Bill No. 17-2026, an ordinance approving the sale of future
City-owned real property and in connection therewith authorizing execution of a
Purchase and Sale Agreement and related agreements with Spectra Centers for the
approximately 4.5-acre portion of the former Wilmore Davis Elementary School property,
order it published and a public hearing set for September 14, 2026, in City Council
Chambers.”
Or,
“I move to postpone indefinitely Council Bill No. 17-2026, an ordinance approving the
sale of future City-owned real property and in connection therewith authorizing
execution of a Purchase and Sale Agreement with Spectra Centers for the
approximately 4.5-acre portion of the former Wilmore Davis Elementary School property,
and order it published and a public hearing set for September 14, 2026, in City Council
Chambers for the following reasons.”
Council Action Form – Wilmore Davis Spectra Center PSA
August 24, 2026
Page 5
REPORT PREPARED/REVIEWED BY:
Lauren Mikulak, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 17-2026
2. Purchase and Sale Agreement
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 17-2026
Ordinance No. 1850
Series 2026
TITLE: AN ORDINANCE APPROVING THE SALE OF FUTURE CITY-OWNED
REAL PROPERTY AND IN CONNECTION THEREWITH, AUTHORIZING
EXECUTION OF A PURCHASE AND SALE AND OTHER RELATED
AGREEMENTS WITH SPECTRA CENTERS
WHEREAS, the City of Wheat Ridge, Colorado (“City”) intends to acquire certain
real property commonly known as the former Wilmore Davis Elementary School property,
located at 7975 W. 41st Avenue, Wheat Ridge, Colorado (the “Property”), from Jefferson
County Public Schools; and
WHEREAS, following acquisition of the Property, the City intends to retain
approximately 2.5 acres of the Property for permanent park and recreation purposes and
convey approximately 4.5 acres, including the existing school building and associated
improvements (the “Spectra Property”), to Spectra Centers; and
WHEREAS, pursuant to Wheat Ridge City Charter Section 16.5, approval by three-
fourths of the entire City Council, by ordinance, is necessary to sell or dispose of real
property not designated as park land; and
WHEREAS, the Spectra Property is intended to be conveyed for reuse of the
existing school building as a special education facility school, consistent with the City's
objectives for the reuse of the former Wilmore Davis Elementary School property; and
WHEREAS, the City Council has reviewed and supports the proposed sale of the
Spectra Property to Spectra Centers for a purchase price of $2,750,000, subject to the
terms and conditions of the Purchase and Sale Agreement; and
WHEREAS, the City Council therefore desires to approve the sale of the Spectra
Property to Spectra Centers and authorize execution of a Purchase and Sale Agreement
and related documents in connection therewith.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Sale of Property approved. Pursuant to Charter Section 16.5, the City
Council hereby approves the sale of approximately 4.5 acres of the former Wilmore Davis
Elementary School property, including the existing school building and associated
ATTACHMENT 1
improvements, to Spectra Centers for a purchase price of $2,750,000, subject to the
terms and conditions of the Purchase and Sale Agreement. The Spectra Property is more
particularly described in Exhibit 1, attached hereto and incorporated herein by this
reference.
Section 2. Approved agreement. In connection with the sale of real property
approved by Section 1 above, the City Council hereby authorizes and directs the Mayor,
City Clerk and City Manager to execute a purchase and sale agreement and associated
documents, in form approved by the City Attorney.
Section 3. Severability, Conflicting ordinances repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 4. Effective date. This Ordinance shall be effective immediately, as
provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to __ on this
24th day of August 2026, ordered 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 September 14, 2026 at 6:30 p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of ___ to ____this _____ day of ______________, 2026.
SIGNED by the Mayor on this _____ day of ____________, 2026.
_____________________________
Korey Stites, Mayor
ATTEST:
_______________________________
Janeece Hoppe, City Clerk
Approved as to Form
_______________________________
Gerald E. Dahl, City Attorney
First Publication: August 25, 2026
Second Publication: September 15, 2026
Jeffco Transcript
Effective Date: September 14, 2026
EXHIBIT 1
REAL ESTATE PURCHASE AND SALE AGREEMENT
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
(WILMORE DAVIS SCHOOL)
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (this “Agreement”)
is made and entered into as of the ____ day of _________, 2026 by and between the SPECTRA
CENTERS (the “Buyer”) and the CITY OF WHEAT RIDGE, COLORADO (the “Seller”),
together referred to as the “Parties.”
RECITALS
A. Seller is the contract purchaser of the real property generally located at 7975 W
41st Ave in the City of Wheat Ridge, which contains approximately 7 acres of land, County
Assessor AIN/Parcel ID 39-233-00-010, and depicted in Exhibit A attached hereto and fully
incorporated herein by this reference (the "Property").
B. Spectra Centers, the Buyer, is a Colorado based organization founded in 2003
which operates an approved Facility School through the Colorado Department of Education and
also holds a Day Treatment License.
C. The Property consists of the Wilmore Davis Elementary School (the “School”)
building and associated improvements, built in 1955.
D. As a part of a district-wide reassessment of its enrollment patterns and associated
facility needs, the Jefferson County School District R-1 (the “District”) determined in November
2022 that the School is no longer needed in this location. The District has since declared the
Property as surplus and expressed a willingness to dispose of the same for an appropriate use.
E. The District has established a municipal interest process to provide municipalities
the opportunity to purchase a vacant school site prior to public marketing, thereby supporting
potential partnerships that enable thoughtful and creative reuse of former school properties,
including the subject Property.
F. In accordance with the municipal interest disposition process, the District and the
Seller have entered into a Purchase and Sale Agreement whereby the Seller is the contract
purchaser of the Property, and whereby the Buyer is a third-party beneficiary of certain specific
sections therein to facilitate the Buyer’s review and evaluation of the School building and a portion
of the Property in accordance with its desire to acquire the same.
G. The Seller and the Buyer understand and agree that the Seller’s Purchase and Sale
Agreement with the District is being entered into simultaneously with this Agreement and that the
transactions are intended to take place consecutively; the Buyer’s purchase under this Agreement
being conditioned upon the prior purchase by the Seller of the Property from the District.
H. The Seller intends, with the District’s approval, to replat the Property into two
parcels: one containing the School building and a portion of the adjacent land (“Lot 1”), and the
ATTACHMENT 2
-2-
other containing the remaining portion of the Property, consisting of open space and athletics fields
(“Lot 2”).
I. The Seller will convey Lot 1 to the Buyer pursuant to this Agreement.
J. The Seller will retain Lot 2, the open space and athletics fields portion of the
Property, and will develop and maintain the same as a public park.
K. Buyer is offering to purchase Lot 1 from the Seller upon the terms and conditions
set forth herein.
AGREEMENT
In consideration of the promises and agreements of the Parties contained herein, the
sufficiency of which is hereby acknowledged by each of the Parties, Seller and Buyer do hereby
promise and agree as follows:
1. Sale and Purchase. The Seller shall sell Lot 1 to the Buyer, and Buyer shall
purchase Lot 1 from Seller, on the terms and conditions set forth in this Agreement.
2. Purchase Price. The purchase price for Lot 1 (the “Purchase Price”) to be paid by
Buyer to Seller shall be $2,750,000.00. Real property taxes and assessments accruing in the year
of Closing shall be prorated at Closing. Seller shall be responsible for and pay before Closing all
real property taxes and assessment for the years 2026 and prior. The Purchase Price, as adjusted
for any other credits and prorations specifically provided for herein, shall be paid by Buyer to
Seller at the Closing by certified check, cashier's check, wire transfer, or other immediately
available funds acceptable to Seller.
3. Earnest Money Deposit. Within twenty (20) days after execution of this
Agreement, Buyer shall deliver the Earnest Money Deposit in the amount of $30,000 to the title
company (the “Title Company”) who will serve as both the escrow agent and the title company for
the acquisition. The Earnest Money Deposit shall be fully refundable until the expiration of the
Due Diligence and Contingency Periods, then the Earnest Money Deposit will become
nonrefundable and applicable to the Purchase Price.
4. Title, Survey, Other Seller Deliveries. Within ten (10) days after execution of this
Agreement, Seller shall, at its sole cost and expense, place the order or provide Buyer with:
(a) A preliminary title commitment shall be provided from the Title Company in the
amount of the Purchase Price. Copies of the documents listed in Schedule B-2 of the Title
Commitment are referred to herein as “the Title Documents;” and
(b) The Due Diligence Materials (as identified in the attached Exhibit B) shall be provided,
and also including without limitation, true, correct, and complete copies of all leases,
subleases, license agreements and other agreements which relate to or affect Lot 1, and
schedules of operation income and expenses from District’s period of ownership, and all
other receipts and expenditures and appropriate budgets. Seller shall also deliver or make
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available to Buyer any and all material within its possession or reasonable control which
Buyer may reasonably request in order to complete its evaluation and due diligence,
including, without limitation, all financial, zoning, architectural, engineering,
environmental, leasing, construction, title, survey, legal, and other information. The Parties
acknowledge that the title commitment and Due Diligence Materials identified in Exhibit
B are those which have been or will be provided to the Seller by the District pursuant to
the Seller-District Purchase and Sale Agreement, and that accordingly, Seller’s obligations
under this Section 4 are to convey those same materials to the Buyer.
5. Permitted Exceptions. Title to Lot 1 shall be free and clear of all liens and
encumbrances, subject only to the permitted exceptions which Buyer accepts pursuant to Section
6 (“Title Defects”). At the Closing, Seller shall provide to Buyer the standard form of mechanic’s
lien affidavit used by and acceptable to the Title Company to provide for the deletion of the
standard printed exception from the Owner's Policy for liens arising against Lot 1 for work or
materials ordered or contracted for by Seller prior to the Closing, as the same has been provided
to the Seller by the District. If a mineral reservation exists, the Buyer may request the Title
Company to provide Endorsement 100.31 or a similar endorsement selected by Buyer with respect
thereto, at Buyer's expense. Promptly after the Closing of both the purchase by City from the
District of the Property, and the purchase by Spectra Centers of Lot 1 from the City, the District
shall cause the Title Company to issue two title policies: (1) to the City an ALTA owner’s Title
Insurance Policy insuring title to Lot 2 of the Property in the amount of $90,000 and (2) to Spectra
Centers an ALTA owner’s Title Insurance Policy insuring title to Lot 1 in the amount of
$2,750,000, subject only to the Permitted Exceptions. The District shall bear the cost of the Title
Policies, and any mineral or other endorsements requested by City or Spectra Centers shall be at
their respective costs and expense.
6. Title Defects.
(a) Within fifteen (15) business days after Buyer’s receipt of the Commitment, the Title
Documents, and Survey (defined below), Buyer shall give Seller notice of all title defects or other
objections shown in the Commitment and/or Survey, which are not consented to by Buyer as
Permitted Exceptions. Any and all matters and exceptions affecting all or any portion of Lot 1
disclosed by the Title Commitment (as exceptions, requirements, or otherwise) or Survey which
are not the subject of a notice from Buyer to Seller given within the applicable period of time as
provided herein, shall be deemed accepted by Buyer as Permitted Exceptions. If there is an
endorsement to the Title Commitment that adds a new exception to title, a copy of the same and
the modified Title Commitment shall promptly be delivered to Buyer, and Buyer shall have ten
(10) days following receipt of the same to review and object to the same hereunder.
(b) In the event Buyer notifies Seller of any title defects or other matters shown by the
Commitment and/or Survey which are objectionable as provided in this Subsection 6.b., within ten
(10) business days after receipt of Buyer's title objection notice, Seller shall advise Buyer what, if
anything, it intends to do with respect to each title matter to which Buyer objects. For purposes
hereof, a title defect or exception shall be deemed cured if: (i) the Title Company deletes the defect
from the Commitment or (ii) the Title Company undertakes in writing to add a provision to the
Owner's Policy obligating the Title Company, within the limits of such Owner's Policy, to protect
-4-
Buyer against all loss or damage incurred on account of such defect or exception. Prior to or at
the Closing, Seller shall discharge any and all monetary liens and monetary encumbrances on Lot
1 including but not limited to any real and personal property taxes for the fiscal year preceding the
conveyance, except for the Permitted Exceptions. Such liens and encumbrances, if any, may be
satisfied from the proceeds of the sale of Lot 1. If any of the matters objected to by Buyer has not
been cured or agreed to be cured by Seller prior to Closing on or before the last day of the Due
Diligence and Contingency Period (as hereinafter defined), Buyer may, by written notice to Seller
at any time, either (i) terminate this Agreement, or (ii) waive such matters and accept the same as
Permitted Exceptions. In the event Buyer does not notify Seller of its decision to terminate or
waive on or before the last day of the Due Diligence and Contingency Periods, Buyer shall be
deemed to have waived its objections and to have accepted such matters as Permitted Exceptions.
In the event of a termination of this Agreement by Buyer pursuant to this Subsection 6.b., both
Parties shall thereupon be relieved of all further obligations hereunder, except as expressly
provided in this Agreement.
7. Survey and Land Division. Seller has furnished to Buyer any existing site plans
and improvement surveys of the Property in its possession. Prior to the end of the Due Diligence
Period, the Seller will provide the Buyer with a survey confirming the legal description of Lot 1
(the “Survey”) as well as the proposed division of the same for the purposes described at Recitals
H, I and J above. This agreed division will be used by the Seller to create a plat of the Property
depicting Lot 1 and Lot 2.
8. Due Diligence Period. Buyer shall have ninety (90) days after the later of the
execution of this Agreement or the delivery to Buyer of all the Due Diligence Materials as specified
in Exhibit B to conduct its due diligence review of Lot 1 (the “Due Diligence Period”). During
the Due Diligence Period, Seller shall allow Buyer or its designees to inspect Lot 1, including,
without limitation, any mechanical, engineering, and interview tenants, review title and survey,
and perform such other investigations as Buyer may deem necessary. Any invasive environmental
testing, including a Phase II environmental assessment, would require Seller’s written consent,
which shall not be unreasonably withheld. If during the Due Diligence Period, Buyer determines
Lot 1 unsuitable for its purposes, Buyer shall notify the Seller in writing of its intent to terminate
the Agreement and thereupon receive a full refund of the Earnest Money.
9. Contingency Period. The Buyer shall have ninety (90) days after the execution of
this Agreement to address and waive the following contingencies:
(a) Buyer’s determination in its sole discretion that Lot 1 is suitable for its intended use
including the performance of any studies it desires.
(b) Buyer’s obtaining suitable financing for the acquisition of Lot 1.
(c) Buyer’s ability to secure licensing approval for its intended use from all governing
jurisdictions.
(d) Seller agrees to fund the cost of a privacy fence between Lots 1 and 2 that is acceptable
to both parties. Buyer shall be responsible for the procurement, installation, and
-5-
ongoing maintenance of the fence. Seller shall provide the funds necessary for the
agreed-upon fence cost to Buyer, with the amount, timing, specifications, and other
details to be set forth in the Development Agreement referenced in Section 14 (c)
below.
If during the Contingency Period, Buyer determines Lot 1 unsuitable for its purposes or is not able
to obtain financing or licensing approval, Buyer shall notify the Seller in writing of its intent to
terminate the Agreement and thereupon receive a full refund of the Earnest Money.
10. Property Access; Mechanics’ Liens. Buyer, its agents, employees, contractors, or
subcontractors may, at all times after the date hereof, at no charge to Buyer, and until the earlier
of the Closing or the termination of this Agreement, have the right of access to Lot 1 to test, inspect,
and evaluate Lot 1 as Buyer deems appropriate. Buyer shall promptly restore any alterations made
to Lot 1 by Buyer, or at Buyer’s instance or request, and Buyer shall pay for all work performed
on Lot 1 by Buyer, or at Buyer’s instance or request, as such payments come due. Any and all liens
on any portion of Lot 1 resulting from the actions or requests or otherwise at the instance of Buyer
shall be removed by Buyer at its expense. Buyer shall, at Buyer’s expense, defend, indemnify,
and hold harmless Seller from and against any and all obligations, claims, loss, and damage,
including costs and attorneys’ fees, resulting from or related to Buyer’s access to Lot 1.
11. Seller’s Representations. Seller hereby represents to Buyer as of the date of this
Agreement and as of the Closing as follows:
(a) No Violations. To the best of Seller’s knowledge, Lot 1 is not in violation, nor has
been or is currently under investigation for violation of any federal, state, or local laws,
ordinances or regulations.
(b) Non-Foreign Person. Seller is not a “foreign person” as that term is defined in the
federal Foreign Investment in Real Property Tax Act of 1986, the 1984 Tax Reform Act, as
amended, and Section 1455 of the Internal Revenue Code, and applicable regulations and, at
Closing, will deliver to Buyer a certificate standing that Seller is not a “foreign person” as
defined in said laws in a form complying with the federal tax law.
(c) Authority. Seller has the authority to enter into and execute this Agreement.
(d) Hazardous Materials. To the best of Seller’s actual knowledge, without any special
investigation, since Seller acquired Lot 1, Seller has not caused or contributed to: (i) any toxic
or Hazardous Materials being present on, over, under, or around Lot 1, (ii) any present
generation, recycling, use, reuse, sale, storage, handling, transport, and/or disposal of any toxic
or Hazardous Materials on, over, under, or around Lot 1, (iii) any failure to comply with any
applicable local, state, or federal environmental laws, (iv) any spills, releases, discharges, or
disposal of toxic or Hazardous Material that have occurred or are presently occurring on or
onto Lot 1 or any adjacent properties, or (v) any spills or disposal of toxic or Hazardous
Materials that have occurred or are presently occurring off Lot 1 as a result of any construction
or operation and use of Lot 1 by Seller. The term “Hazardous Materials” includes, but is not
limited to, substances defined as Hazardous Substances as defined in the Comprehensive
Environmental Response, Compensation and Liability Act, as amended, the Hazardous
-6-
Materials Transportation Act, as amended, the Toxic Substances Control Act, or any other law,
statute, rule, or regulation pertaining to the protection of the environment or the health and
safety of persons or property. Notwithstanding the foregoing, the Parties acknowledge that
given the date of construction of the School building, it is likely that asbestos is present and
with respect to only asbestos, Buyer accepts that condition.
(e) Real Property Taxes. Lot 1 is not subject to real property taxation while in Seller’s
ownership.
(f) Leases. To the best of Seller’s knowledge, Lot 1 is not subject to any leases.
12. As-is Condition. Buyer understands and agrees that Lot 1 is being sold strictly as
is, where is. The Seller does not warrant Lot 1 or its contents in any way. Buyer is relying upon
its own inspection of Lot 1 to evaluate the condition of Lot 1 and the suitability of Lot 1 for Buyer's
intended use. Buyer acknowledges and agrees that it is purchasing Lot 1 in its as-is, where-is
condition, without warranty of any kind, whether express or implied, except as expressly set forth
in this Agreement or in the deed conveying the property to Buyer. Buyer hereby acknowledges
that it is familiar with Lot 1 and shall determine, as part of its inspections hereunder, that it is
suitable for its intended purposes and that the opportunity to inspect Lot 1 provided in this
Agreement is sufficient for Buyer to obtain whatever information regarding the condition of Lot 1
that Buyer may deem necessary to make such determination.
13. Closing. The closing of the acquisition (“Closing”) shall occur no more than thirty
(30) days after the expiration of the Due Diligence and Contingency Periods, unless the Parties
mutually agree to an earlier or later date, subject to customary closing conditions. The following
actions shall be taken at Closing:
(a) Buyer shall pay to Seller the Purchase Price by certified check, cashier’s check,
wire transfer, or other immediately available funds acceptable to Seller.
(b) Seller shall convey fee simple title to Lot 1 to Buyer by general warranty deed,
subject to the Permitted Exceptions (the “Deed”).
(c) At Closing, Seller shall deliver exclusive possession of Lot 1 to Buyer.
(d) The Parties shall each do or cause to be done such other matters and things as shall
be reasonably necessary to close the transaction contemplated herein. Each party shall pay
one-half (½) of any charges imposed by the Title Company to prepare the closing docu ments
and provide similar closing services.
(e) The Seller shall pay the cost of the Survey.
(f) Closing Costs.
Cost Responsible Party
Transfer tax / Doc stamps Seller
Recording Costs Buyer
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Standard Title insurance Seller
Escrow fees Split 50/50
14. Conditions upon Closing. This Agreement is contingent upon the following
occurring:
(a) The Seller closing upon the purchase of the Property from the District.
(b) The approval of the plat described at Section 7.
(c) The execution by Seller and Buyer of a Development Agreement with respect to the
use of Lot 1 and the relationship between Lots 1 and 2.
(d) The execution by Seller and Buyer of a Right of First Refusal with respect to the future
sale of Lot 1.
15. Brokerage Commissions. Seller warrants and represents that it has not dealt with
any broker in connection with the transaction contemplated herein. Seller agrees to pay Buyer’s
broker, Pinnacle Real Estate Advisors, a commission of 3% of the Purchase Price not exceed
$82,500.
16. Assignment. This Agreement shall be binding and effective on and inure to the
benefit of the successors and assigns of the Parties hereto. Any assignment hereof shall be in
writing and shall require the prior written consent of Seller.
17. Third-Party Beneficiaries. There are no third-party beneficiaries to this
Agreement.
18. Attorney Fees. In the event a lawsuit is brought to enforce or interpret all or any
portion of this Agreement, the prevailing party in such suit shall be entitled to recover, in addition
to any other non-monetary relief available to such party, reasonable costs and expenses, including,
without limitation, reasonable attorneys' fees, incurred in connection with such suit.
19. Remedies. In the event of any breach or default under this Agreement by either
party prior to Closing, the non-defaulting party shall, as the non-defaulting party’s only remedy,
be entitled to terminate this Agreement. In no event shall either party be entitled to claim or receive
any form of damages, including without limitation compensatory, punitive, or economic, including
lost profits, in the event of termination or alleged breach of this Agreement, the sole remedy for
the Parties being termination of this Agreement.
20. Notices. All notices provided for herein shall be in writing and shall be deemed
given to a party when a copy thereof, addressed to such party as provided herein, is actually
delivered, by personal delivery, by commercial courier, or by successful facsimile transmission, at
the address of such party as provided below.
If to Seller: Patrick Goff, City Manager
City of Wheat Ridge
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7500 W. 29th Avenue
Wheat Ridge, CO 80033
Fax 303-234-5924
If to Buyer: NAME, TITLE
Spectra Centers
ADDRESS
ADDRESS
Fax / Email
21. Counterparts; Execution. This Agreement may be executed in counterparts and,
when counterparts of this Agreement have been executed and delivered by both of the Parties
hereto, this Agreement shall be fully binding and effective, just as if both of the Parties hereto had
executed and delivered a single counterpart hereof. Without limiting the manner in which
execution of this Agreement may otherwise be affected hereunder, execution by either Party may
be effected by electronic transmission of a signature page hereof executed by such Party. If either
Party effects execution in such manner, such Party shall also promptly deliver to the other Party
the counterpart physically signed by such Party, but the failure of such Party to do so shall not
invalidate the execution hereof effected by electronic transmission.
22. Entire Agreement. This Agreement contains the entire understanding and
agreement between the Parties with respect to the subject matter hereof and supersedes all prior
commitments, understandings, warranties, and negotiations, all of which are by the execution
hereof rendered null and void. No amendment or modification of this Agreement shall be m ade
or deemed to have been made unless in writing, executed by the Party or Parties to be bound
thereby.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth
below intending that it be valid and effective from and after the date first written above.
SELLER: CITY OF WHEAT RIDGE, COLORADO
By: __________________________________
Name: ________________________________
Title: _________________________________
BUYER: SPECTRA CENTERS
By: __________________________________
Name: ________________________________
Title: _________________________________
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EXHIBIT A
Legal Description of the Lot 1
A parcel of land approximately 4.5 acres in size, the southern portion of County Assessor
AIN/Parcel ID 39-233-00-010, shown on the map attached as 7975 W 41st Ave, Wheat Ridge:
Boundary between Lots 1 and 2 is illustrative and to be mutually determined per Section 7.
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EXHIBIT B
Due Diligence Materials
Engineering/Property Condition Reports
Geotechnical/Soils Report
Seismic Report, if applicable
Existing Environmental Report(s) - Phase I, Phase II, etc.
As-Built Drawings (Hard copy & electronic)
Architectural Drawings (Hard copy & electronic)
Maintenance Records
Utility Bills (previous 12 months)
ITEM NUMBER: 4
DATE: August 24, 2026
REQUEST FOR CITY COUNCIL ACTION
MOTION
TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS,
COMMISSIONS, AND COMMITTEES
☐PUBLIC HEARING
☒BIDS/MOTIONS
☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
There are currently four At-Large vacancies to fill on the Sustainable Wheat Ridge
Committee. The Mayor recommends At-Large appointments which are ratified by the
City Council.
PRIOR ACTION:
Members of the City Council appoint members to Boards, Commissions, and
Committees annually and quarterly as needed when vacancies are filled. Per Ordinance
number 1777 the Mayor will appoint all Alternate and At-Large positions annually and as
needed throughout the year when vacancies are filled as well.
FINANCIAL IMPACT:
None
BACKGROUND:
Each year, the city advertises for residents who might be interested in volunteering on
one of the Boards, Commissions, or Committees. Positions were advertised through a
multi-week promotional campaign including the City’s website, social media, email, and
newsletters.
RECOMMENDED MOTION:
Please see Attachment 1 for recommended motions.
REPORT PREPARED/REVIEWED BY:
Rhiannon Curry, Executive Assistant
Council Action Form – Board, Commission, and Committee Appointments
August 24, 2026
Page 2
Onorina Maloney, Sr. Deputy City Clerk
Patrick Goff, City Manager
ATTACHMENTS:
1. Motion Sheet for Mayor Appointments
2. 2026 Board, Committee, and Commissions Quarterly Application Packet
ATTACHMENT 1
2026 3rd Quarter Boards, Commissions, &
Committees Appointments
Mayor
“I request the appointment of Abigail Stewart to the At-Large Sustainable Wheat Ridge
Committee vacancy, term to expire March 2, 2028” and
“I request the appointment of Noah Juran to the At-Large Sustainable Wheat Ridge
Committee vacancy, term to expire March 2, 2029” and
“I request the appointment of Lina Hamilton to the At-Large Sustainable Wheat Ridge
Committee vacancy, term to expire March 2, 2029”
“I request the appointment of Carlye Burd Mueller to the At-Large Sustainable Wheat
Ridge Committee vacancy, term to expire March 2, 2029”
Mayor Pro Tem
“I move to ratify the Mayor’s recommendations as presented by the Mayor”
2026 Boards and Commissions Appointment Applicant Summary
Alternate/At-Large Positions Appointed by the Mayor - need 4 AL SWR members
Board Term End Date Last Name First Name District Notes Application Hyperlink
SWR 3/2/2029 Burd Mueller Carlye II carlye.burd@gmail.com
SWR 3/2/2029 Fisher Stewart III sbfisher67@icloud.com
SWR 3/2/2029 Hamilton Lina III HamiltonL23@outlook.com
SWR 3/2/2029 Juran Noah I juran.noah@gmail.com
SWR 3/2/2029 Prusa Jillian II jillian.prusa@gmail.com
SWR 3/2/2029 Stewart Abigail II a_stewart37@yahoo.com
SWR 3/2/2028 Stewart Abigail II Mayor Recommendation a_stewart37@yahoo.com
SWR 3/2/2029 Juran Noah I Mayor Recommendation juran.noah@gmail.com
SWR 3/2/2029 Hamilton Lina III Mayor Recommendation HamiltonL23@outlook.com
SWR 3/2/2029 Burd Mueller Carlye II Mayor Recommendation carlye.burd@gmail.com
ITEM NUMBER: 5
DATE: August 24, 2026
REQUEST FOR CITY COUNCIL ACTION
MOTION
TITLE: MOTION APPROVING NAMING OF THE GREEN AT 38TH
COMMUNITY PAVILION IN HONOR OF DOMINICK BRETON
☐PUBLIC HEARING
☒BIDS/MOTIONS
☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
Dominick Breton passed away on June 18, 2026. He was known for bringing people
together, strengthening community relationships, and supporting key civic and business
organizations such as the Chamber and the Grange. Mayor Korey Stites proposed
naming the community pavilion at The Green at 38th the “Dominick Breton Community
Pavilion.” Naming the pavilion in his honor reflects the values of the City’s naming policy
and acknowledges the lasting legacy he left within Wheat Ridge.
PRIOR ACTION:
The Parks and Recreation Commission approved this proposal with the required 2/3
majority vote approving the motion during the Commission’s August 19, 2026 meeting.
The Commission asked that the following be conveyed to Council:
• A City representative familiar with the Breton family should verify the family’s
support before Council action.
• If the family is not supportive, Council should consider rejecting the proposal.
City Manager Patrick Goff connected with the family on July 16, 2026, and confirmed
full support.
FINANCIAL IMPACT:
Should the name be approved, depending on the specific signage and language desired,
costs to install signage on or at the pavilion range between $5,000 and $12,000. The
Parks and Recreation Department would fund this signage out of allocated 2026
General Fund accounts or the Open Space Special Fund.
Council Action Form – Motion Approving “Dominick Breton Community Pavilion”
August 24, 2026
Page 2
BACKGROUND:
The City of Wheat Ridge’s “Policy and Procedure for Naming Parks and Recreation
Department Parks and Facilities” was adopted in 2009 and outlines the process for
proposing and approving names for park and recreation facilities. The Naming Policy
emphasizes the importance of selecting names that carry lasting community value,
express appreciation, and help create cohesive and meaningful public spaces.
A park or facility may be named for a deceased individual of good character who
contributed significantly to Wheat Ridge or held historical significance. Mayor Stites’
proposal states that the pavilion’s design, intended for gathering, storytelling, and
connection, reflects Dominick Breton’s impact on the community. The pavilion is
located near both the Chamber office and the Grange, organizations to which Dominick
contributed significantly.
Staff reviewed the pavilion area and identified two potential signage options, presented
to the Commission for visualization purposes:
1. Memorial Plaque (Commission Recommended Option)
o Plaque installed on a boulder near a tree southwest of the pavilion.
o Could include pavilion name, headshot, and summary of Dominick’s
community impact.
o Boulder may also serve as optional seating.
2. Beam-Mounted Signage
o “Dominick Breton Community Pavilion” installed on the pavilion beam
facing the western Green and stage.
This Motion requires a 2/3 majority vote of City Council in attendance to approve the
Motion. Should this Motion pass with at least a 2/3 majority, the Dominick Breton
Community Pavilion shall then become the official name of the community pavilion at
The Green at 38th.
RECOMMENDATIONS:
The Parks and Recreation Commission recommends approval of this naming request.
RECOMMENDED MOTION:
“I move to approve naming of The Green at 38th community pavilion in honor of
Dominick Breton.”
Or,
“I move to not approve naming of The Green at 38th community pavilion in honor of
Council Action Form – Motion Approving “Dominick Breton Community Pavilion”
August 24, 2026
Page 3
Dominick Breton for the following reason(s).”
REPORT PREPARED/REVIEWED BY:
Brandon Altenburg, Deputy Director of Parks and Recreation
Karen O’Donnell, Director of Parks and Recreation
Patrick Goff, City Manager
ATTACHMENTS:
1. Policy and Procedure for Naming Parks and Recreation Department Parks
and Facilities
2. “Memorial Plaque” example option
3. “Breton Pavilion Name Example” option
ATTACHMENT 1
ITEM NUMBER: 6
DATE: August 24, 2026
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION NO. 39-2026
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH JEFFERSON COUNTY AND AUTHORIZING
THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH
JEFFERSON COUNTY PARKS AND OPEN SPACE FOR
IMPROVEMENTS TO THE ROUTE 32 BUS STOP AT WEST 32ND
AVENUE AND KIPLING STREET
☐PUBLIC HEARING
☐BIDS/MOTIONS
☒RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The City of Wheat Ridge has been working with RTD to restore bus service along W. 32nd
Avenue, including service to Wheat Ridge High School. To support this effort, several
existing bus stops between Wadsworth Boulevard and Youngfield Street must be
upgraded to meet current accessibility standards. The most complex of these is the bus
stop at the southeast corner of West 32nd Avenue and Kipling Street, adjacent to Crown
Hill Park, which straddles the border between Wheat Ridge and Jefferson County. This
resolution approves agreements for cost-sharing and allows the City to construct and
maintain an accessible path and boarding area for the RTD bus stop.
PRIOR ACTION:
For several years, the City has worked with the Regional Transit District (RTD), Renewal
Wheat Ridge (RWR), and Evergreen Development to restore bus service to western
Wheat Ridge by constructing a bus terminal along Clear Creek Drive. As part of that
project, Council approved a design contract for the bus terminal in September 2024 and
a construction contract in October 2025. The bus terminal was completed and opened
in early summer 2026.
RTD alerted city staff to the substandard conditions of other Route 32 bus stops in late
2025, and an inter-agency staff team has been meeting monthly to resolve those
Council Action Form – Agreements for Route 32 bus stop improvements
August 24, 2026
Page 2
deficiencies. There is no prior council action related specifically to the bus stop at 32nd
and Kipling.
FINANCIAL IMPACT:
The estimated cost of the improvements at the Crown Hill Park bus stop and the
associated ADA-accessible trail connection is approximately $22,000. Jefferson County
Parks & Open Space (JCPOS) has awarded $11,000 through the 2026 Trails Partnership
Program, providing funding for approximately 50 percent of the project cost. The City
will provide the remaining $11,000; these funds are available in the capital budget.
BACKGROUND:
The City has been working with RTD for several years to restore transit service to
western Wheat Ridge, including direct bus service to Wheat Ridge High School which
was previously served by Route 32. The Clear Creek Crossing Transfer Center was an
important component of this effort and was completed earlier this year through a
partnership between RTD, the City, Renewal Wheat Ridge, and Evergreen (the Clear
Creek Crossing master developer).
For several years, Route 32 service has terminated at Wadsworth Boulevard. RTD has
approved extending the route west to the Clear Creek Crossing Transfer Center as part
of its September 2026 service change. Before service can be restored, several bus
stops along 32nd Avenue must be upgraded to meet current ADA accessibility
requirements. RTD does not have the resources to complete these improvements and
has sought partnership from the adjacent jurisdictions.
The bus stop at West 32nd Avenue and Kipling Street is located adjacent to Crown Hill
Park and presents some design and coordination challenges. The proposed
improvements include a bus boarding area and an ADA-accessible concrete connection
to the Outer Loop Trail within Crown Hill Park. Because the project crosses both City
right-of-way and County property, the City has coordinated with JCPOS and Jefferson
County to establish the necessary property access and maintenance responsibilities.
The project supports both transit access and access to Crown Hill Park. The new ADA
connection will provide an accessible route between the RTD bus stop and the park's
existing trail system, benefiting both transit riders and park users. On July 9, 2026, the
Jefferson County Open Space Advisory Committee approved Resolution #26-09
recommending $11,000 in 2026 Trails Partnership Program funding for the project.
The partnership requires an IGA with the County and grant agreement with JCPOS.
Under the IGA, the City will be responsible for construction and maintenance of the
concrete improvements and for maintenance of the Watrous Ditch crossing associated
with the project. JCPOS will be responsible for ordinary maintenance of the concrete
Council Action Form – Agreements for Route 32 bus stop improvements
August 24, 2026
Page 3
trail, including debris removal, vegetation management, snow removal, and minor
surface repairs.
The City will manage construction of the improvements. A separate agreement with the
Watrous Ditch company to address the ditch crossing is being negotiated and will be
brought to City Council for consideration once it is finalized.
The City intends to complete the Crown Hill Park improvements as quickly as possible
following execution of the necessary agreements in order to support RTD's planned
September 2026 service change.
RECOMMENDATIONS:
Staff recommend approval and execution of the IGA and grant agreement for the
construction and maintenance of the RTD Route 32 bus stop and ADA-accessible trail
connection at West 32nd Avenue and Kipling Street.
RECOMMENDED MOTIONS:
“I move to approve Resolution No. 39-2026, a resolution approving an
Intergovernmental Agreement with Jefferson County and authorizing the Mayor to
execute the related grant agreement with Jefferson County Parks and Open Space for
improvements to the Route 32 bus stop at West 32nd Avenue and Kipling Street.”
Or
“I move to postpone indefinitely Resolution No. 39-2026, a resolution approving an
Intergovernmental Agreement with Jefferson County and authorizing the Mayor to
execute the related grant agreement with Jefferson County Parks and Open Space for
improvements to the Route 32 bus stop at West 32nd Avenue and Kipling Street, for the
following reasons…”
REPORT PREPARED/REVIEWED BY:
Lauren Mikulak, Community Development Director
Rocky Macsalka, Engineering Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 39-2026
2. Diagram of Bus Stop and Improvements
3. Intergovernmental Agreement
4. Grant Agreement
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 39
SERIES OF 2026
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH JEFFERSON COUNTY AND AUTHORIZING
THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH
JEFFERSON COUNTY PARKS AND OPEN SPACE FOR
IMPROVEMENTS TO THE ROUTE 32 BUS STOP AT WEST
32ND AVENUE AND KIPLING STREET
WHEREAS, the City of Wheat Ridge (“City”) has worked with the Regional
Transportation District (“RTD”) to restore Route 32 bus service to western Wheat Ridge,
including service to Wheat Ridge High School and the Clear Creek Crossing Transfer
Center; and
WHEREAS, RTD has approved extending Route 32 to the Clear Creek Crossing
Transfer Center as part of its September 2026 service change; and
WHEREAS, the extension of Route 32 requires improvements to existing bus stops
between Wadsworth Boulevard and Youngfield Street to meet current Americans with
Disabilities Act (“ADA”) accessibility standards; and
WHEREAS, the City, RTD, Jefferson County, and Jefferson County Parks & Open
Space (“JCPOS”) have coordinated to develop accessibility improvements for the Route
32 bus stop at West 32nd Avenue and Kipling Street, adjacent to Crown Hill Park; and
WHEREAS, the proposed improvements include an accessible boarding area and
an accessible path connecting the bus stop to the Crown Hill Park trail system; and
WHEREAS, portions of the proposed improvements are located on property owned
by Jefferson County, requiring an Intergovernmental Agreement between the City and
Jefferson County to authorize the City to access the property, construct the
improvements, and perform applicable maintenance; and
WHEREAS, the City of Wheat Ridge will be awarded a grant from the Jefferson
County Parks & Open Space Trails Partnership Program in the amount of $11,000 for
accessibility improvements to the Route 32 bus stop at West 32nd Avenue and Kipling
Street; and
WHEREAS, the acceptance of the grant is subject to execution of the attached
Grant Agreement; and
ATTACHMENT 1
WHEREAS, the Intergovernmental Agreement and Grant Agreement will allow the
City to proceed with the proposed improvements and support the restoration of Route 32
service to western Wheat Ridge; and
WHEREAS, the City Council finds that approval of the Intergovernmental
Agreement and acceptance of the Trails Partnership Program grant are in the best
interests of the City and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. The appropriate City Officials are hereby authorized to finalize and
execute the Intergovernmental Agreement by and between the City of Wheat Ridge and
Jefferson County regarding the bus stop improvements.
Section 2. The appropriate City Officials are hereby authorized to finalize and
execute the grant agreement by and between the City of Wheat Ridge and Jefferson
County Parks & Open Space regarding the grant funds awarded for the bus stop
improvements.
Section 3. If any section, paragraph, clause, or provision of this Resolution shall
for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
any such section, paragraph, clause, or provision shall not affect any of the remaining
provisions of this Resolution.
Section 4. This Resolution shall be in full force and effect upon its passage and
approval.
DONE AND RESOLVED this 24th day of August 2026.
Korey Stites, Mayor
ATTEST:
Janeece Hoppe, City Clerk
ATTACHMENT 2 - DIAGRAM OF BUS STOP IMPROVEMENTS
PROJECT LOCATION MAP
PROPOSED BUS STOP LOCATION
ATTACHMENT 2
ATTACHMENT 2 - DIAGRAM OF BUS STOP IMPROVEMENTS
PRE
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INTERGOVERNMENTAL AGREEMENT
FOR CROWN HILL PARK 32ND STREET RTD BUS STOP
This INTERGOVERNMENTAL AGREEMENT FOR CROWN HILL PARK 32ND
STREET RTD BUS STOP (“IGA”) dated for reference purposes only this ___ day of _________,
2026, is by and between Jefferson County, Colorado, a body politic and corporate (“County”), and
the City of Wheat Ridge, Colorado, a home rule city under the Colorado Constitution (“City”)(each
a “Party”, collectively the “Parties”).
RECITALS
A. The County owns Crown Hill Park located at 9357 West 26th Avenue in unincorporated
Jefferson County (“Crown Hill”).
B. City is partnering with the Regional Transportation District to construct a bus stop on West
32nd Avenue, east of Kipling Street (“RTD Bus Stop”) and abutting the northern boundary
of Crown Hill.
C. City desires to access and utilize certain portions of Crown Hill to construct an ADA
accessible path and boarding area connecting the RTD Bus Stop to the Crown Hill trail
system (“Project”).
D. City has applied for a Trails Partnership Program grant from the County to partially fund
the Project.
E. The Parties enter into this IGA to effectuate the Project as described herein.
F. Pursuant to Article XIV, § 18(2)(a), Colorado Constitution, and § 29-1-203, C.R.S., the
Parties have the authority to execute this IGA.
Now, therefore, in consideration foregoing recitals, the mutual covenants and conditions
set forth herein, and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. Recitals. The Recitals referenced above are incorporated into the terms of this IGA.
2. Effective Date. This IGA shall be effective upon full execution by the Parties (“Effective
Date”).
3. Grant of License. Subject to the terms and conditions set forth below, County, for itself and
its successors and assigns, hereby grants to City, its contractors, subcontractors, employees,
and successors, for the benefit of the City, a license (“License”) over certain portions of
Crown Hill as depicted in the attached Exhibit A (“License Area”). The License shall be
for the limited purposes of (1) construction of a 10-foot wide ADA-accessible bus stop
boarding area and trail connection between the RTD Bus Stop and the Crown Hill trail
system (“Trail Improvements”), (2) certain improvements to the Watrous Ditch within the
License Area (“Ditch Improvements”)(collectively with the Trail Improvements, “City
Improvements” as depicted in the attached Exhibit B), and (3) maintenance of Watrous
Ditch culvert within the License Area. City acknowledges and agrees that the License is
intended by the County and City solely for the above use, and City’s use of the License
Area under this IGA shall be limited to this purpose.
a. Construction of City Improvements; Maintenance of Watrous Ditch Culvert. City
shall be responsible, at its sole cost and expense (subject to the pending award of
Trails Partnership Program grant funding), for (1) the construction of the City
Improvements and (2) maintenance of that portion of the Watrous Ditch culvert
located exclusively within the License Area. Notwithstanding anything to the
contrary contained herein, in the event maintenance or replacement of the Watrous
Ditch culvert causes damage to, destruction, or removal of the Trail Improvements,
City shall, at its sole cost and expense, promptly restore, reconstruct, repair or
replace the affected portion of the Trail Improvements using the same standards and
specifications contained herein. Prior to commencing construction or any
subsequent maintenance or replacement of the City Improvements, City shall
conduct preconstruction meeting with the County Representative, as defined below,
and shall submit construction plans/specifications and a timetable for approval by
the County Representative. At all times during construction, City shall provide
warning signage, fencing, barricades and any other protective measures requested
by the County or otherwise required.
b. Maintenance. County shall be responsible, at its own cost and expense, for
maintenance of the Trail Improvements consistent with Jefferson County Parks and
Open Space standards and regulations. For purposes of this IGA, maintenance shall
be defined as routine maintenance to keep the trail clean, safe, and in reasonably
serviceable condition, litter and debris removal, vegetation management, snow
removal, minor surface repairs, and other customary maintenance activities that do
not materially extend the useful life of the Trail Improvements. All County Trail
Improvements obligations contained herein are strictly limited to those Trail
Improvements that are located within the boundaries of the License Area. County
expressly disclaims any liability or responsibility, financial or otherwise, related to
or for the Ditch Improvements, including maintenance of Watrous Ditch culvert
within the License Area.
c. Restoration. Upon completion of construction, or of any subsequent maintenance
of the City Improvements, including maintenance of the Watrous Ditch culvert
within the License Area, City shall, at its sole cost and expense, and to the
reasonable satisfaction of the County, promptly restore any disturbance of the real
property, personal property, or vegetation, located within the License Area, as
closely as possible to the condition of the License Area prior to construction and
shall comply with the construction and reclamation requirements set forth in
Exhibit C, which is incorporated by reference. All restoration shall be undertaken
in compliance with all state and local regulations, and permit conditions. Impacted
vegetation must be removed and disposed of off County property by City. Upon the
County’s reasonable satisfaction as to completion of the restoration activities,
County shall provide written notice of approval to City.
d. Work Standards. City shall (a) conduct its activities on the License Areas in a safe
and workmanlike manner in accordance with standard engineering and construction
practices; (b) maintain the City Improvements in good condition and repair; and (c)
conduct its activities on the License Areas in compliance with all applicable
governmental rules, regulations and requirements, including without limitation, all
regulatory bodies exercising jurisdiction over the City. City shall obtain such
permits, licenses or other authority as may be required from federal, state, county,
city or other governmental agencies or units exercising jurisdiction over the
activities to be conducted by the City in connection with the License Areas.
e. Lien Protection. If at any time a lien or encumbrance is filed or recorded against
the County property for work or materials furnished to the City in connection with
the License Area, City shall promptly discharge said lien or encumbrance, and if
said lien or encumbrance has not been removed within forty-five (45) days from
the date it is filed or recorded, City will deposit with the County an amount in cash
equal to one hundred fifty percent (150%) of the amount of the lien filed or post a
bond reasonably satisfactory to County and shall leave the same on deposit with
County until said lien is discharged.
f. As-Built Survey. Upon completion of construction, City shall provide County with
an as-built survey which reflects the location of the City Improvements and any
associated specifications of the City Improvements within the License Area,
prepared and stamped by a licensed surveyor in good standing with the State of
Colorado. City shall provide County with a supplemental survey that reflects any
subsequent corrections or changes to the City Improvements or License Area.
g. Excavation or Construction Concerning Replacement or Repair. In the event of any
replacement or repair to the City Improvements, all work and activity shall be
contained within the License Area unless and until a separate access agreement is
agreed to in writing and signed by the County. All standards and requirements
applicable for initial construction activities set forth in this IGA shall be equally
applicable to any repair or replacement activities.
h. Exercise of License Rights. City shall exercise the rights granted under this License
in such a manner as to avoid impact to Jefferson County’s and the public’s use of
the Property including, without limitation, compliance with the JCPOS Park Rules
and Regulations.
i. Damage to Property or Person. City shall promptly advise the Jefferson County
Representative of all damages to property of Jefferson County or of others and
injuries incurred by persons in any manner relating, either directly or indirectly, to
the License Area or the activities described herein. If City damages the License
Area, City shall, at its sole cost and expense, promptly restore and reclaim the
property of Jefferson County to the County’s reasonable satisfaction.
4. Term. The term of this IGA commences on the Effective Date and shall expire upon the
City’s abandonment of the License Area or termination of this IGA under the terms herein
by either Party. In any event, City shall have completed construction of the City
Improvements and removed all equipment and construction materials from the License
Area by December 31, 2026.
5. Authorized Representatives. The County Representative for this IGA is Aaron Roth,
Director of Parks and Open Space. The City Representative for this IGA is
____________________, ____________________. Either Party may change its
Representative upon prior written notice to the other Party.
6. Use of County Property by County. On behalf of itself and its licensees and invitees,
County reserves the right to use and occupy any of the License Area in any way and for
any purpose, to grant other rights on the License Area and to otherwise encumber the
License Area, so long as such other use or encumbrances do not interfere with the
functioning of the City Improvements or otherwise interfere with the purposes of this IGA.
7. Encumbrances to Title. County makes no representation, nor will it be liable to City, with
respect to any prior encumbrances which may affect title to any portion of the License
Area, and this IGA is subject to all prior encumbrances, restrictions, rights, claims and
interests of record, or otherwise.
8. Limited Right. This IGA is a limited right to City, does not run with the land, and may not
be assigned.
9. Insurance Requirements. While this IGA remains in effect, City and its contractors,
subcontractors, and agents shall procure and maintain the insurance coverages set forth in
Exhibit D. City and its contractors, subcontractors, and agents shall provide the County a
certificate of insurance evidencing its compliance with the terms of this paragraph and
replacement certificates of insurance prior to the lapse of the then-current insurance
coverage. City and its contractors, subcontractors, and agents shall submit all certificates
of insurance and guarantees required by this IGA to the County prior to commencement of
construction. Within a reasonable time after submittal, the County shall either approve the
certificates of insurance or notify the City of any unacceptable conditions stating the
specific reasons therefor. City and/or its contractors, subcontractors, and agents shall
promptly re-submit an acceptable certificate of insurance, which the County shall review
within a reasonable time. City and/or its contractors, subcontractors, and agents shall not
commence construction under this IGA until all required certificates of insurance have been
accepted by the County. Notwithstanding the foregoing, the parties agree the City’s
continuous membership in the Colorado Intergovernmental Risk Sharing Agency (CIRSA)
shall satisfy the City’s obligation under this Paragraph for insurance for its continuing
maintenance obligations hereunder, and that the City shall provide an insurance certificate
or certificates compliant with Exhibit D covering its contractors chosen to construct the
City Improvements and the Watrous Ditch culvert.
10. Hazardous Materials. City covenants, represents, and warrants that: (a) Hazardous
Materials will not be handled, treated, used, placed, stored, or otherwise kept, or
transported on or across any portion of the License Area without the prior written approval
of County; and upon any such approval (b) any handling, transportation, storage, treatment,
or usage of Hazardous Materials which may occur on or across any portion of the License
Area will be in compliance with federal, state, and local laws, regulations, and ordinances.
To the extent permitted by law, City shall indemnify, defend and hold harmless County from
and against all losses, damages, costs, liabilities, expenses (including reasonable attorneys’
fees) or claims suffered or incurred by County, arising from a breach of the covenants and
warranties contained in this Paragraph. Such indemnity and covenant to hold harmless
shall survive the termination of this IGA. The term “Hazardous Materials” herein means
any hazardous, toxic, or dangerous substances, materials, or wastes which are regulated
under any applicable county, municipal, state, or federal law, rule, ordinance, direction, or
regulation.
11. Regulatory Requirements. This IGA is not intended to convey or imply the approval of any
federal, state, or local regulatory or governmental agency, including Jefferson County, with
respect to any actions which City may desire to take under the terms of this IGA or
otherwise relating to the License Area.
12. Non-Liability. County shall not be liable to City, or any other person or entity whatsoever,
for any injury or damage to persons or property occasioned by reason of the use by City
and its agents of the License Area, or by reason of any act or thing done or omitted to be
done during the term of this IGA by City or its agents.
13. Agreement Violation. If either Party determines that the other Party is in violation of the
terms of this IGA (the “Alleging Party”), it shall give written notice of such violation and
demand corrective action sufficient to cure the violation. If the other Party fails to, at its
sole cost and expense, cure the violation within thirty (30) days after the receipt of the
notice of such alleged breach, or under the circumstances where violations cannot
reasonably be cured within such thirty (30) day period, if the other Party fails to begin
curing such violation within such thirty (30) day period and fails, at its sole cost and
expense to continue diligently to cure such violation until finally cured, then the Alleging
Party may institute a suit to enforce the terms of this IGA (including by specific
performance) to enjoin the violation by injunction, and to recover any damages to which
such Party may be entitled for violation of the terms of this IGA.
14. Enforcement. Enforcement of the terms of this IGA will be at the discretion of the Parties
and any forbearance by either Party to exercise its rights under this IGA will not be deemed
or construed to be a waiver of such breach or of any subsequent breach of the same or any
other term of this IGA or of any of the Parties' rights under this IGA. No delay or omission
by any Party in the exercise of any right or remedy will impair such right or remedy or be
construed as a waiver.
15. Notices. All notices concerning a dispute over compliance with the terms of this IGA, or
change in contact information, shall be given in writing and shall be deemed received if
given by: (i) confirmed electronic transmission when transmitted, if transmitted on a
business day and during normal business hours of the recipient, and otherwise on the next
business day following transmission; (ii) certified mail, return receipt requested, postage
prepaid, three (3) business days after being deposited in the United States mail; or (iii)
overnight carrier service or personal delivery, when receiv ed. All other communications
or notices between the Parties may be done via electronic transmission or telephone. The
Parties’ contact information for notices and other communications are as follows:
If to City: ________________________
Attn:____________________
________________________
________________________
Phone:__________________
E-mail:__________________
With a copy to:
City Attorney
7500 W. 29th Avenue
Wheat Ridge CO 80033
if to the County: Jefferson County Parks & Open Space
Attention: Director
700 Jefferson County Parkway, #100
Golden, CO 80401
Phone: 303-271-5925
E-mail: Jeffcoparks@jeffco.us
with a copy of dispute
notices to: County Attorney’s Office
100 Jefferson County Parkway
Golden, CO 80419-5540
Phone: 303-271-8900
E-mail: CAOContracts@jeffco.us
Either Party may change its address by giving notice to the other Party as provided above.
16. Successors. Except as otherwise provided herein, this IGA and all terms hereof shall be
binding upon, and inure to the benefit of, City and County and their respective heirs and
successors.
17. No Partnership. None of the terms or provisions of this IGA shall be deemed to create a
partnership between or among the Parties in their respective businesses or otherwise, nor
shall it cause them to be considered joint venturers or members of any joint enterprise.
18. Independent Contractor Status. In performing under this IGA, City and City’s agents,
employees, and contractors act as an independent contractor and are not acting as an agent,
servant or employee of Jefferson County. City is solely responsible for necessary
workers' compensation insurance and shall be responsible for withholding and
paying all federal and state taxes. City and any agent, employee or contractor of City
are not entitled to unemployment insurance benefits from Jefferson County.
19. Captions. The captions and headings of the various provisions of this IGA are for
convenience and identification only and will not be deemed to limit or define the operative
provisions of this IGA.
20. Governing Law and Venue. This IGA will be governed by and construed in accordance
with the laws of the State of Colorado. Venue for any and all legal actions arising hereunder
shall lie in the District Court in and for the County of Jefferson, State of Colorado.
21. Statutory Protections. Notwithstanding any provision of this IGA to the contrary, the
Parties each expressly reserve the right 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.; the Owners of Recreational Areas Act, § 33-41-101, et seq.,
C.R.S.; and Section 13-21-115, C.R.S.; or any successor acts or provisions.
22. Severability. If any provision of this IGA as applied to a particular circumstance will be
adjudicated as, or otherwise become, illegal and unenforceable, such illegality will not
affect the enforceability of any other provision of this IGA, or the offending provision as
applied to circumstances for which it is enforceable, it being intended that all provisions of
this IGA be valid and enforceable to the fullest extent legally permissible.
23. Amendment. This IGA may not be amended except by an instrument in writing signed by
City and County, or their respective successors, and any attempted amendment without all
such signatures shall be of no force or effect.
24. Termination. County may immediately terminate this License if it determines, in its sole
discretion, that City is in breach of its terms, continuation of City’s access poses a risk to
the health, safety, and welfare of park visitors or County staff, or significant damage to the
License Area may occur if the access continues.
25. Execution in Counterparts; Electronic Signatures. This IGA may be executed in two
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 IGA. Only the following two forms of electronic signatures shall be
permitted to bind the parties to this IGA: (1) Electronic or facsimile delivery of a fully
executed copy of a signature page; or (2) The image of the signature of an authorized signer
inserted onto PDF format documents. All documents must be property 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.
26. Entire Agreement. This IGA constitutes and incorporates the entire agreement among the
Parties hereto concerning the subject matter of this IGA and supersedes any prior
agreements concerning the subject matter hereof.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK .]
IN WITNESS WHEREOF, the Parties have executed this IGA.
CITY OF WHEAT RIDGE,
COLORADO:
__________________________
By: Korey Stites, Mayor
Attest:
___________________________.
Janeece Hoppe, City Clerk
Notary Public
COUNTY OF JEFFERSON, STATE OF
COLORADO
By:________________________________
Kate Newman
Acting County Manager
APPROVED AS TO FORM:
Anthony C. Chambers
Assistant County Attorney
EXHIBIT A
Depiction of License Area
(See Attached)
EXHIBIT B
Depiction of City Improvements
(See Attached)
EXHIBIT C
Jefferson County Open Space Property Construction and Reclamation Requirements
(See Attached)
EXHIBIT D
Insurance Requirements
(See Attached)
1
JEFFERSON COUNTY PARKS & 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-26-______ awarding to the
City of Wheat Ridge (“Grantee”) a 2026 Jefferson County Parks & Open Space
(“JCPOS”) Trails Partnership Program Grant by in the amount of $11,000.00
(“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 June 18, 2026 (“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 September 2028 (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 JCPOS showing the complete execution of an ADA-compliant bus stop
and trail connection at 32nd Ave and Kipling St. Any requested extension of the Grant
Period will require JCPOS’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
JCPOS Sales Tax Funds is limited to public open space, park, or recreation purposes
pursuant to the 1972 Open Space Enabling Resolution, as amended.
1.6. Grantee shall manage the Grant funds in accordance with applicable laws, regulations,
permitting requirements, these Grant Terms, and JCPOS’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:
ATTACHMENT 4
2
1.7.1. ______________________________
1.7.2. _______________________________
2. PAYMENT OF GRANT FUNDS.
2.1. After review and approval of documentation submitted by Grantee establishing to
JCPOS’s satisfaction that 50% of the cost of the Project has been completed, JCPOS
shall remit 50% of the Grant funds to Grantee pursuant to wiring instructions provided
to JCPOS.
2.2. After Project completion, Grantee shall provide JCPOS 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, JCPOS shall remit the remaining 50% of the Grant
funds to Grantee pursuant to wiring instructions provided to JCPOS.
2.3. In lieu of the payment terms set forth in paragraphs 2.1 and 2.2 above, in its discretion
JCPOS 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 JCPOS shall each appoint one individual to act as principal contact person
for notices and other communications concerning the Grant and the Project. The initial
appointees are:
Grantee (name, email, phone): Rocky Macsalka; rmacsalka@wheatridge.gov; (303)
235-2864
JCPOS: Emily Guffin; eguffin@jeffco.us; (303) 271-5946
Grantee or JCPOS may change its contact person at any time by written notice to the
other Party.
3.2. On a quarterly basis Grantee shall provide JCPOS with a written Project report that at
minimum describes the status of the Project and provides an accounting of Grant fund
expenditures.
3.3. Grantee shall maintain its books and records in a manner that will provide JCPOS with
sufficient detail to review Grantee’s receipts and expenditures relating to the Grant.
Grantee shall make such records available for review by JCPOS upon reasonable notice
during the Grant Period and for two years thereafter.
3
4. DONOR RECOGNITION; PUBLICITY. Grantee agrees to adhere to the JCPOS 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 JCPOS 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 JCPOS’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 JCPOS’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 failure to demonstrate
timely progress on the Project and/or noncompliance with these Grant Terms may result, for
example, in JCPOS terminating the agreement, 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 are
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.
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.
4
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 JCPOS 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:___________________________
JCPOS Acceptance:
By______________________________
Name___________________________
Title____________________________
Date:___________________________
ITEM NUMBER: 7
DATE: August 24, 2026
REQUEST FOR CITY COUNCIL ACTION
MOTION
TITLE: MOTION AWARDING A CONTRACT TO THE FARNSWORTH
GROUP INC. FOR DESIGNING A REPLACEMENT OUTDOOR
POOL IN THE AMOUNT OF $666,662
☐PUBLIC HEARING
☒BIDS/MOTIONS
☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The Anderson Outdoor Pool is nearing the end of its useful life, with significant
foundational and structural issues necessitating a full replacement. This proposed
motion would award the design contract for the replacement pool to the Farnsworth
Group, who was selected for the recommended contract following a competitive
procurement process.
PRIOR ACTION:
There has been no prior action taken by Council on this issue directly.
Council allocated funding for this design work in the 2026 city budget by adopting the
budget at the October 27, 2025 meeting.
Staff presented at the April 7, 2025 Council Study Session about this project, the current
state of the outdoor pool, and the 2025 public engagement strategy.
FINANCIAL IMPACT:
This design contract has a not-to-exceed value of $666,662 for the engineered design of
the replacement outdoor pool. Budgeted funds for this contract are within the 2026
Open Space Special Fund.
BACKGROUND:
The Anderson Park Outdoor Pool originally opened in 1979 and is nearing the end of its
useful life. In 2023, a pool assessment identified costs of $1.1M in short-term repairs
Council Action Form – Motion awarding a contract to the Farnsworth Group Inc.
August 24, 2026
Page 2
needed to keep the pool open, along with more significant longer-term issues with
higher costs. In addition, the significant infrastructure and mechanical issues indicate
the current pool will likely need to be closed permanently in the next 2 to 4 years, or
replaced.
In 2025, staff conducted extensive community engagement to learn if the community
supported replacing the pool and amenity preferences. In 2026, city polling also gauged
resident support for this potential project.
In the 2026 city budget, funding was included to start the design phase for the
replacement pool. The design phase is anticipated to take 10-16 months.
RECOMMENDATIONS:
Parks and Recreation Department staff recommend passing this Resolution to award the
design contract to Farnsworth Group, Inc. so work can begin on designing the
replacement outdoor pool.
MOTION OPTIONS:
“I move to approve the motion awarding a contract to the Farnsworth Group Inc. for
designing a replacement outdoor pool in the amount of $666,662.”
Or,
“I move to not approve the motion awarding a contract to the Farnsworth Group Inc. for
designing a replacement outdoor pool in the amount of $666,662 for the following
reason(s).”
REPORT PREPARED/REVIEWED BY:
Brandon Altenburg, Deputy Director of Parks and Recreation
Karen O’Donnell, Director of Parks and Recreation
Patrick Goff, City Manager
ATTACHMENTS:
1. Proposed Anderson Pool Design Contract 26-19
2. Farnsworth Group Finalized Fee Proposal
Anderson Pool Design
26-19
THIS AGREEMENT made this Tuesday, August 25, 2026, by and between the City of Wheat Ridge, Colorado,
hereinafter referred to as the “City” or “Owner” and Farnsworth Group Inc., 5613 DTC Parkway, Suite 1100,
Greenwood Village, CO 80111, hereinafter referred to as the “Consultant.”
WITNESSETH, that the City of Wheat Ridge and the Consultant agree as follows:
Article 1 - Services
The Consultant will serve as the City’s consultant and provide at a minimum all the professional services
agreed upon and further clarified in the Consultant's Scope and Fee Memorandum (Exhibit A) incorporated
herein by reference.
The Consultant team will, through an integrated, collaborative approach, design the Anderson Pool
replacement. The work will be split into two main tasks encompassing the City's phased approach.
Task 1: Vision Definition and Concept Validation (Phases 1-5)
• Phase 1 - Consultant will manage the project initiation and perform the existing conditions assessment
of the facility;
• Phase 2 - Consultant will prepare concepts for comparison by key stakeholders including early public
engagement with targeted campaigns for kids;
o A decision matrix will be developed
• Phase 3 - Consultant will refine designs and programming and work with City staff to select concepts
for further development;
• Phase 4 - Consultant will develop comparison considerations document including cost estimations for
City staff and key stakeholder review;
• Phase 5 - Consultant will present to Council and adjust documentation based on the feedback
received. This phase will also include a second round of community engagement and result in a final
design direction recommendation,
Task 2: Design Execution and Technical Realization (Phases 6-10)
• Phase 6 - Consultant will provide an updated project schedule to reflect the 30% schematic design
allowing for landscape architecture and design;
o 30% design completion in Phase 6,
o Design for aquatic and engineering systems,
o Specification development;
• Phase 7 - Consultant will refine design and continue to develop designs for site, infrastructure,
environmental, and other permitting concerns;
o Architectural, aquatics, landscape and structural and engineering systems reviewed,
o 60% design documents will be completed in Phase 7;
• Phase 8 - Consultant will prepare 90% construction documents for review;
o Technical specification review,
o Begin quality control documentation review;
• Phase 9 - Consultant will provide bid-ready construction document package including final stamped
construction drawings, and final technical specifications;
o Permit submittal process begins;
• Phase 10 - Consultant will provide bidding assistance and contract administration;
o Assist in shop drawing review and material submittal;
o Participate in substantial completion walkthrough and punch list items.
The Consultant agrees to produce a third design concept for review. At the City's request, the Consultant will
work with a subcontractor to perform a geotechnical report. The initial exploration will include two (2) borings
and a second exploration which will include two (2) more borings.
In addition to the Tasks listed above, the City plans to continue the engagement with Farnsworth Group to
further support the City during the Construction phase; a contract amendment will be drafted to accommodate
the additional tasks once those have been determined. The Consultant will work with the City and the Owner's
Representative to determine the most appropriate courses of action related to choosing a procurement method
for selecting general contractor.
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 Consultant 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.
Article 3 - Payment and Fee Schedule
It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for
services provided, and the Consultant will accept a not-to-exceed amount of six-hundred sixty-six thousand,
six-hundred sixty-two dollars ($666,662) as full payment for the services.
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.
1. Invoices by Task
Invoices will be submitted monthly by the Consultant for services performed and expenses incurred,
pursuant to this agreement during the prior month. Payment is then made to the Consultant 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.
2. Funding
There is in effect within the City of Wheat Ridge, Colorado, a provision of the City’s Code of Laws which
limits the amount for which the City shall be liable to the amount expressly appropriated by the City
Council, either through budgeted appropriation, or contract or bid award. The consultant is specifically
advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was
enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is
specifically subject to the provisions of said Ordinance and adopted Code Section.
Article 4 - No Damages for Delay
Pursuant to Section 2-4 of the Code of Laws, Consultant 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 Consultant's remedy for such delay.
Article 5 - Reserved.
Reserved.
Article 6 - Sales and Use Taxes
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 Consultant
In performing the work under this agreement, the Consultant acts as an independent consultant 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 Consultant, as an independent Consultant, is
obligated to pay Federal and State income tax on monies earned. The personnel employed by the Consultant
are not and shall not become employees, agents, or servants of the City because of the performance of any
work by this agreement. The Consultant 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
Consultant—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 7 above, the Consultant shall furnish a certificate of insurance upon notification of award,
and prior to performance. Work shall not commence under this agreement until the Consultant 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
coverage for all employees at work site.
Employer Liability, Coverage B $500,000 per person
$500,000 per accident
$500,000 each disease
(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
(owned, hired,
and non-owned vehicles)
• Bodily Injury
• Property Damage
$2 million per occurrence
$2 million per occurrence
The City of Wheat Ridge shall be named as additional insured on all liability policies. Insurance shall
include provisions preventing cancellation without 30 days prior notice by certified mail to the City.
Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the agencies may be
entitled pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, CRS, as amended.
Article 9 - Indemnification
The Consultant agrees to indemnify, and to hold the City and its agents, officials, officers and employees
harmless for, from and against any and all claims, suits, expenses, damages, or other liabilities—including
reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property
causes or sustained by any person or persons to the extent caused by the negligent, acts, omissions,
performance or failure of the Consultant to provide services pursuant to the terms of this agreement.
Article 10 - Equal Employment Opportunity
The Consultant shall not discriminate against any employee or applicant for employment because of age, race,
color, religion, sex, or national origin. The Consultant 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
Consultant 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 Consultant 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 Consultant at all times during the performance of this agreement, agrees to strictly adhere to all applicable
Federal, State, and local laws, rules, regulations, and ordinances that affect or govern the work as
contemplated under this agreement.
Article 12 - Law and Venue
The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this agreement.
The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the
District Court of Jefferson County, Colorado.
Article 13 - Termination
The Consultant acknowledges that its failure to accomplish the work as described shall be considered a
material breach of the contract. With the express exception of Article 24, notwithstanding any other provisions
of this agreement, neither party shall be liable to the other for any incidental, indirect or consequential
damages resulting from failures, acts, or omissions—including, but not limited to re-procurement costs,
insufficient or improper work.
The City and the Consultant 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 Consultant will be paid for all work and expenses incurred up until the time of such
termination.
All work accomplished by the Consultant prior to the date of such termination shall be recorded, and tangible
work documents shall be transferred to and become the sole property of the City, prior to payment for services
rendered.
Article 14 - Notices
Contact Information City Consultant
Name: Brandon Altenburg Farnsworth Group Inc.
Office Phone: (303) 231-1307 303-692-8838
Email Address: baltenburg@wheatridge.gov nallen@F-W.com
Address: 7500 W 29th Ave. 5613 DTC Parkway, Suite 1100
City, State, Zip
Code:
Article 15 - Assignment and Subcontractors
The duties and obligations of the Consultant arising hereunder cannot be assigned, delegated, nor
subcontracted except with the express written consent of the City. The subconsultants permitted by the City
shall be subject to the requirements of this agreement, and the consultant is responsible for all subcontracting
arrangements, as well as the delivery of services as set forth in this agreement. The consultant shall be
responsible for the performance of any subconsultant.
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 consultant .
Article 18 - Disadvantaged Business Enterprises
Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated
against on the grounds of race, color or national origin in consideration for an award. Consultants shall insert
this provision in all subcontracts for any work covered by this Agreement, so that it shall be binding upon each
subconsultant or subcontractor providing labor or services.
Article 19 - Ownership of Contract Products
All products produced from the awarded contract shall be the sole property of the City.
Article 20 - Personally Identifiable Information (PII) and Open Records Act
Contractors, consultants, business partners and vendors that handle, process, or work in areas where
personally identifiable information may reside in hard copy or electronic records must maintain the
confidentiality of all Personally Identifiable Information (PII). Violation may result in contractual penalties and
termination of the business relationship with the City. In extreme cases criminal punishment under Colorado
Law (C.R.S. § 24-73-101) may occur. Consultant 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 Consultant 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. Consultant 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, Consultant 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
Consultant(s) and solutions complies with all applicable provisions of §§24-85-101, et seq., C.R.S., [1] and the
Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology
pursuant to Section §24-85-103(2.5). Consultant 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 Consultant 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 Consultant'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 Consultant, 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).
Consultants 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 - Consultant 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:
1. Work completed on time
2. Work completed within budget
3. Work completed as per the Scope of Work
4. Future Award Recommendation
Article 24 – Aggregate Limitation of Liability
To the maximum extent permitted by law, and notwithstanding any other provision of this agreement,
the City agrees that the total aggregate liability of the consultant to the City, for all causes of action,
damages, or claims of any kind asserted by the City or any person or entity claiming by, through, or
under the City, and arising out of, or in any way connected to this agreement or the performance of
services by the consultant, shall be limited to the collectible insurance coverage to the extent
available to the consultant.
SIGNATURE PAGE TO FOLLOW
This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
Each party has reviewed the items contained within this contract and recommend executing this
contract to proceed with the agreed upon Statement of Work.
SIGNATURE
FULL NAME
TITLE
DATE SIGNED
SIGNATURE
FULL NAME
DATE SIGNED
TITLE
SIGNATURE
FULL NAME
TITLE
DATE SIGNED
SIGNATURE
FULL NAME
TITLE
DATE SIGNED
SIGNATURE
FULL NAME
DATE SIGNED
TITLE
SIGNATURE
FULL NAME
DATE SIGNED
TITLE
OWNER
**signature_178839**
SIGNATURE
Patrick Goff
FULL NAME
**date_signed_178839**
DATE SIGNED
City Manager
TITLE
OWNER ATTESTATION
**signature_178841**
SIGNATURE
Onorina Maloney
FULL NAME
**date_signed_178841**
DATE SIGNED
Senior Deputy City Clerk
TITLE
Memorandum
ENGINEERS | ARCHITECTS | SURVEYORS | SCIENTISTS
TO: Brandon Altenberg, Deputy Director of Parks and Recreation, City of Wheat Ridge
FROM: Julie Sass, AIA, NCARB, LEED AP BD+C / Associate Principal, Senior Architectural Manager
DATE: August 14, 2026
RE: Anderson Pool Design (RFP No. 26-19) — Contract Fee Update
Dear Brandon,
We are thrilled at having been selected for design services for the Anderson Pool Replacement project. Pursuant to your
email dated August 11, 2026 and attached herein, we have updated the fee schedule to remove construction estimating
from the base design scope and are providing this memorandum as confirmation.
The resulting fee as detailed on the following page is:
Conceptual Design (Phases 1-5): $149,778
Technical Design / Construction Documents (Phases 6-9): $431,928
Bidding and Contract Administration (Phase 10): $85,956
Total: $666,662
Respectfully,
Julie M. Sass, AIA, NCARB, LEED AP BD+C /
Associate Principal, Senior Architectural Manager
Farnsworth Group, Inc.
Meeting Agenda
Page 2 of 2
5613 DTC Pkwy Ste 1100 | Greenwood Village, CO 80111 | p 303.692.8838 | www.f-w.com
ENGINEERS | ARCHITECTS | SURVEYORS | SCIENTISTS
Appendix A - Anderson Pool Replacement - Fee Table – Revised 08.13.2026
Project Management $4,792 $3,038 $1,712 $1,284 $3,445
Architecture $3,032 $9,027 $8,249 $17,944 $8,900
Landscape Architecture / Irrigation Design $4,200 $17,000 $4,000 $15,000 $4,000
Aquatics $3,500 $7,500 $5,500 $5,000 $3,500
Civil Engineering $0 $0 $0 $620 $0
Structural Engineering $0 $240 $0 $240 $0
MEP Engineering $1,440 $0 $0 $2,240 $0
Construction Estimating $0 $0 $0 $0 $0
Geotechnical Engineering $7,900 $0 $0 $6,475 $0
Subtotal $24,864 $36,805 $19,461 $48,803 $19,845
Total Phase 1 - 5 $149,778
CONCEPTUAL DESIGN
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Project Management $2,803 $2,375 $2,803 $1,947 $6,848
Architecture $7,426 $15,274 $21,196 $20,440 $10,488
Landscape Architecture / Irrigation Design $18,500 $30,500 $33,000 $9,000 $20,000
Aquatics $31,500 $52,500 $69,300 $8,400 $25,200
Civil Engineering $8,528 $3,068 $5,928 $3,640 $5,200
Structural Engineering $6,780 $14,475 $13,465 $6,110 $5,380
MEP Engineering $9,790 $14,090 $15,090 $4,000 $11,840
Construction Estimating $0 $0 $0 $0 $0
Geotechnical Engineering $0 $0 $0 $0 $0
Subtotal $85,327 $132,282 $160,782 $53,537 $84,956
Total Phase 6-9 $431,928 84,956$
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Allen, Nick
From:Brandon Altenburg <baltenburg@wheatridge.gov>
Sent:Tuesday, August 11, 2026 5:03 PM
To:Allen, Nick; Whitney Mugford-Smith; Morgenthaler, Stephanie
Cc:Ormond, Jack; Sass, Julie
Subject:Re: 26-19-Anderson Pool Design Update
Hi Nick and team,
We are almost ready with the contract and Whitney will send that your way shortly. I did want to update you on one
change we made in the contract language from your best and final offer:
We removed the $33,000 for cost estimating because, since we originally put this project out for solicitation,
community support, additional pool mechanical problems, and direction from leadership has (hopefully) set us up
to move into the construction phase sooner than we initially anticipated. Given that, we are likely going to use the
CM/GC model for this project and bring on a CM/GC firm early in the design phase to provide pre-construction
services (including cost estimating) and allow us to more quickly move from design to construction in 2027 or
2028.
I know Nick is out this week and couldn't find a phone number for Stephanie or Julie, but I did leave a voicemail a
minute ago with similar information on your office's 303-692-8838 number. If either of you would like to chat with
me about this, feel free to give me a call tomorrow.
Thanks,
Brandon Altenburg | Deputy Director of Parks and Recreation
Office: 303-231-1307
rootedinfun.com
From: Allen, Nick <nallen@F-W.com>
Sent: Thursday, August 6, 2026 7:02 AM
To: Whitney Mugford-Smith <wmsmith@wheatridge.gov>; Morgenthaler, Stephanie <smorgenthaler@F-W.com>
Cc: Brandon Altenburg <baltenburg@wheatridge.gov>; Ormond, Jack <jormond@F-W.com>; Sass, Julie <jsass@F-
W.com>
Subject: RE: 26-19-Anderson Pool Design Update
Good morning Whitney and Brandon,
I thought I would send you an email to check in on the draft contract. Should we expect that soon? I will
be traveling over the next week, but will be periodically monitoring emails. Additionally, I’ve made sure to
You don't often get email from nallen@f-w.com. Learn why this is important
Caution: This email originated from outside the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe. Report any suspicious activities to the
IT Division. Thank you.
Memorandum
ENGINEERS | ARCHITECTS | SURVEYORS | SCIENTISTS
TO: Brandon Altenberg, Deputy Director of Parks and Recreation, City of Wheat Ridge
FROM: Julie Sass, AIA, NCARB, LEED AP BD+C / Associate Principal, Senior Architectural Manager
DATE: August 14, 2026
RE: Anderson Pool Design (RFP No. 26-19) — Contract Fee Update
Dear Brandon,
We are thrilled at having been selected for design services for the Anderson Pool Replacement project. Pursuant to your
email dated August 11, 2026 and attached herein, we have updated the fee schedule to remove construction estimating
from the base design scope and are providing this memorandum as confirmation.
The resulting fee as detailed on the following page is:
Conceptual Design (Phases 1-5): $149,778
Technical Design / Construction Documents (Phases 6-9): $431,928
Bidding and Contract Administration (Phase 10): $85,956
Total: $666,662
Respectfully,
Julie M. Sass, AIA, NCARB, LEED AP BD+C /
Associate Principal, Senior Architectural Manager
Farnsworth Group, Inc.
Meeting Agenda
Page 2 of 2
5613 DTC Pkwy Ste 1100 | Greenwood Village, CO 80111 | p 303.692.8838 | www.f-w.com
ENGINEERS | ARCHITECTS | SURVEYORS | SCIENTISTS
Appendix A - Anderson Pool Replacement - Fee Table – Revised 08.13.2026
Project Management $4,792 $3,038 $1,712 $1,284 $3,445
Architecture $3,032 $9,027 $8,249 $17,944 $8,900
Landscape Architecture / Irrigation Design $4,200 $17,000 $4,000 $15,000 $4,000
Aquatics $3,500 $7,500 $5,500 $5,000 $3,500
Civil Engineering $0 $0 $0 $620 $0
Structural Engineering $0 $240 $0 $240 $0
MEP Engineering $1,440 $0 $0 $2,240 $0
Construction Estimating $0 $0 $0 $0 $0
Geotechnical Engineering $7,900 $0 $0 $6,475 $0
Subtotal $24,864 $36,805 $19,461 $48,803 $19,845
Total Phase 1 - 5 $149,778
CONCEPTUAL DESIGN
(1-5)
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Project Management $2,803 $2,375 $2,803 $1,947 $6,848
Architecture $7,426 $15,274 $21,196 $20,440 $10,488
Landscape Architecture / Irrigation Design $18,500 $30,500 $33,000 $9,000 $20,000
Aquatics $31,500 $52,500 $69,300 $8,400 $25,200
Civil Engineering $8,528 $3,068 $5,928 $3,640 $5,200
Structural Engineering $6,780 $14,475 $13,465 $6,110 $5,380
MEP Engineering $9,790 $14,090 $15,090 $4,000 $11,840
Construction Estimating $0 $0 $0 $0 $0
Geotechnical Engineering $0 $0 $0 $0 $0
Subtotal $85,327 $132,282 $160,782 $53,537 $84,956
Total Phase 6-9 $431,928 84,956$
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ITEM NUMBER: 8
DATE: August 24, 2026
REQUEST FOR CITY COUNCIL ACTION
MOTION
TITLE: MOTION AWARDING A CONTRACT TO WEMBER INC. FOR
OWNER’S REPRESENTATIVE SERVICES FOR THE
REPLACEMENT OUTDOOR POOL PROJECT IN THE AMOUNT
OF $291,887☐PUBLIC HEARING
☒BIDS/MOTIONS
☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The Anderson Outdoor Pool is nearing the end of its useful life, with significant
foundational and structural issues necessitating a full replacement. This proposed
motion would award an owner’s representative contract for the replacement pool to
Wember Inc., who was selected for the recommended contract following a competitive
procurement process.
PRIOR ACTION:
There has been no prior action taken by Council on this issue directly.
Council allocated funding for the design work in the 2026 city budget by adopting the
budget at the October 27, 2025 meeting.
Staff presented at the April 7, 2025 Council Study Session about this project, the current
state of the outdoor pool, and the 2025 public engagement strategy.
FINANCIAL IMPACT:
This owner’s representative contract has a not-to-exceed value of $291,887 for the
length of the entire outdoor pool replacement project. Budgeted funds for this contract
are within the 2026 Open Space Special Fund.
BACKGROUND:
The Anderson Park Outdoor Pool originally opened in 1979 and is nearing the end of its
Council Action Form – Motion awarding a contract to Wember Inc.
August 24, 2026
Page 2
useful life. In 2023, a pool assessment identified costs of $1.1M in short-term repairs
needed to keep the pool open, along with more significant longer-term issues with
higher costs. In addition, the significant infrastructure and mechanical issues indicate
the current pool will likely need to be closed permanently in the next 2 to 4 years, or
replaced.
In 2025, staff conducted extensive community engagement to learn if the community
supported replacing the pool and amenity preferences. In 2026, city polling also gauged
resident support for this potential project.
In the 2026 city budget, funding was included to start the design phase for the
replacement pool. The design phase is anticipated to take 10-16 months.
If approved, the owner’s representative firm will support city staff in leading the project
from public engagement through the opening of the replacement pool, assisting with
contractor management, recruiting and selecting the construction firm, and ensuring the
design and construction provides the best-value outdoor pool for the Wheat Ridge
community.
RECOMMENDATIONS:
Parks and Recreation Department recommend passing this Resolution to award the
owner’s representative contract to Wember Inc. so they can assist as work begins on the
replacement outdoor pool.
MOTION OPTIONS:
“I move to approve awarding a contract to Wember Inc. for owner’s representative
services for the Outdoor Pool Replacement project in the amount of $291,887.”
Or,
“I move to not award a contract to Wember Inc. for owner’s representative services for
the Outdoor Pool Replacement project in the amount of $291,887 for the following
reason(s).”
REPORT PREPARED/REVIEWED BY:
Brandon Altenburg, Deputy Director of Parks and Recreation
Karen O’Donnell, Director of Parks and Recreation
Patrick Goff, City Manager
ATTACHMENTS:
1. Proposed Outdoor Pool Owner’s Representative Contract 26-42
2. Wember Inc. Fee Proposal
Anderson Pool Replacement Owner's Representative
26-42
THIS AGREEMENT made this Tuesday, August 25, 2026, by and between the City of Wheat Ridge, Colorado,
hereinafter referred to as the “City” or “Owner” and Wember Inc., 7350 E Progress Pl. Suite 100,
Greenwood Village, CO 80111, hereinafter referred to as the “Consultant.”
WITNESSETH, that the City of Wheat Ridge and the Consultant agree as follows:
Article 1 - Services
The Consultant will serve as the City’s Owner's Representative and provide at a minimum all the professional
services required as per RFP-26-42-Anderson Pool Replacement Owner's Representative (Exhibit B)
incorporated herein by reference.
The Consultant agrees to provide Owner's Representative and project management services for the
replacement of the Anderson Pool. Minimally, the Consultant will:
• Establish and maintain project management, document control, budget, schedule, issue tracking, and
reporting systems;
• Coordinate activities among the City, design team, construction contractor, consultants, and other
project stakeholders;
• Monitor the project budget and schedule and advise the City regarding risks, changes, cost impacts,
and corrective actions;
• Facilitate regular project meetings and providing project status, schedule, budget, and decision
reporting;
• Support permitting, entitlement, and utility coordination;
• Review design documents, cost estimates, constructability, value-engineering opportunities, and project
requirements from the Owner’s perspective;
• Support additional public engagement and project communications as directed by the City;
• Assist with evaluation of construction delivery methods and support procurement of the construction
contractor, material-testing firm, and other project services;
• Monitor demolition and construction progress, quality, RFIs, submittals, pay applications, change
requests, schedules, and other project documentation;
• Coordinate project closeout, punch-list completion, commissioning documentation, training, record
documents, operations and maintenance materials, final acceptance recommendations, and warranty
activities;
ATTACHMENT 1
• Conduct project administration and maintain current reporting.
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 Consultant 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.
Article 3 - Payment and Fee Schedule
As per Exhibit A, it is understood and agreed by and between the parties hereto, that the City shall pay the
Consultant for services provided, and the Consultant will accept a not-to-exceed amount of two-hundred
ninety-one thousand, eight-hundred eighty-seven dollars (291,887) as full payment for the services.
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.
1. Invoices by Task
Invoices will be submitted monthly by the Consultant for services performed and expenses incurred,
pursuant to this agreement during the prior month. Payment is then made to the Consultant 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.
2. Funding
There is in effect within the City of Wheat Ridge, Colorado, a provision of the City’s Code of Laws which
limits the amount for which the City shall be liable to the amount expressly appropriated by the City
Council, either through budgeted appropriation, or contract or bid award. The consultant is specifically
advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was
enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is
specifically subject to the provisions of said Ordinance and adopted Code Section.
Article 4 - No Damages for Delay
Pursuant to Section 2-4 of the Code of Laws, Consultant 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 Consultant's remedy for such delay.
Article 5 - Reserved.
Reserved.
Article 6 - Sales and Use Taxes
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 Consultant
In performing the work under this agreement, the Consultant acts as an independent consultant 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 Consultant, as an independent Consultant, is
obligated to pay Federal and State income tax on monies earned. The personnel employed by the Consultant
are not and shall not become employees, agents, or servants of the City because of the performance of any
work by this agreement. The Consultant 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
Consultant—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 7 above, the Consultant shall furnish a certificate of insurance upon notification of award,
and prior to performance. Work shall not commence under this agreement until the Consultant 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
The City of Wheat Ridge shall be named as additional insured on all liability policies. Insurance shall
include provisions preventing cancellation without 30 days prior notice by certified mail to the City.
Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the agencies may be
entitled pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, CRS, as amended.
Article 9 - Indemnification
The Consultant agrees to indemnify, defend, and to hold the City and its agents, officials, officers and
employees harmless for, from and against any and all claims, suits, expenses, damages, or other liabilities—
including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or
property causes or sustained by any person or persons to the extent caused by the negligent, acts, omissions,
performance or failure of the Consultant to provide services pursuant to the terms of this agreement.
Article 10 - Equal Employment Opportunity
The Consultant shall not discriminate against any employee or applicant for employment because of age, race,
color, religion, sex, or national origin. The Consultant 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
Consultant 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 Consultant 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 Consultant at all times during the performance of this agreement, agrees to strictly adhere to all applicable
Federal, State, and local laws, rules, regulations, and ordinances that affect or govern the work as
contemplated under this agreement.
Article 12 - Law and Venue
The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this agreement.
The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the
District Court of Jefferson County, Colorado.
Article 13 - Termination
The Consultant acknowledges that his failure to accomplish the work as described shall be considered a
material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or
omissions—including, but not limited to re-procurement costs, insufficient or improper work.
The City and the Consultant 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 Consultant will be paid for all work and expenses incurred up until the time of such
termination.
All work accomplished by the Consultant prior to the date of such termination shall be recorded, and tangible
work documents shall be transferred to and become the sole property of the City, prior to payment for services
rendered.
Article 14 - Notices
Contact Information City Consultant
Name: Brandon Altenburg Wember Inc.
Office Phone: (303) 231-1307 303-378-4130
Email Address: baltenburg@wheatridge.gov pwember@wemberinc.com
Address: 7500 W 29th Ave. 7350 E Progress Pl. Suite 100
City, State, Zip
Code:
Wheat Ridge, CO 80033 Greenwood Village, CO 80111
Article 15 - Assignment and Subcontractors
The duties and obligations of the Consultant arising hereunder cannot be assigned, delegated, nor
subcontracted except with the express written consent of the City. The subconsultants permitted by the City
shall be subject to the requirements of this agreement, and the consultant is responsible for all subcontracting
arrangements, as well as the delivery of services as set forth in this agreement. The consultant shall be
responsible for the performance of any subconsultant.
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 consultant .
Article 18 - Disadvantaged Business Enterprises
Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated
against on the grounds of race, color or national origin in consideration for an award. Consultants shall insert
this provision in all subcontracts for any work covered by this Agreement, so that it shall be binding upon each
subconsultant or subcontractor providing labor or services.
Article 19 - Ownership of Contract Products
All products produced from the awarded contract shall be the sole property of the City.
Article 20 - Personally Identifiable Information (PII) and Open Records Act
Contractors, consultants, business partners and vendors that handle, process, or work in areas where
personally identifiable information may reside in hard copy or electronic records must maintain the
confidentiality of all Personally Identifiable Information (PII). Violation may result in contractual penalties and
termination of the business relationship with the City. In extreme cases criminal punishment under Colorado
Law (C.R.S. § 24-73-101) may occur. Consultant 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 Consultant 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. Consultant 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, Consultant 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
Consultant(s) and solutions complies with all applicable provisions of §§24-85-101, et seq., C.R.S., [1] and the
Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology
pursuant to Section §24-85-103(2.5). Consultant 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 Consultant 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 Consultant'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 Consultant, 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).
Consultants 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 - Consultant 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:
1. Work completed on time
2. Work completed within budget
3. Work completed as per the Scope of Work
4. Future Award Recommendation
SIGNATURE PAGE TO FOLLOW
This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators,
successors, and assigns.
Each party has reviewed the items contained within this contract and recommend executing this contract to
proceed with the agreed upon Statement of Work.
PROCUREMENT MANAGER CONTRACTOR
**signature_185576**
SIGNATURE
Whitney Mugford-Smith
FULL NAME
Procurement Manager
TITLE
**date_signed_185576**
DATE SIGNED
**signature_185577**
SIGNATURE
Paul Wember
FULL NAME
**date_signed_185577**
DATE SIGNED
Consultant Owner
TITLE
PROJECT MANAGER ATTEST TO CONSULTANT
**signature_185575**
SIGNATURE
Brandon Altenburg
FULL NAME
Deputy Director of Parks & Recreation
TITLE
**date_signed_185575**
DATE SIGNED
**signature_185568**
SIGNATURE
Conor Bancroft
FULL NAME
Consultant Attest
TITLE
**date_signed_185568**
DATE SIGNED
DEPARTMENT DIRECTOR CITY OF WHEAT RIDGE
**signature_185565**
SIGNATURE
Karen O'Donnell
FULL NAME
Director of Parks and Recreation
TITLE
**date_signed_185565**
DATE SIGNED
**signature_185570**
SIGNATURE
Patrick Goff
FULL NAME
City Manager
TITLE
**date_signed_185570**
DATE SIGNED
CITY ATTORNEY **signature_185564**
SIGNATURE
Onorina Maloney
FULL NAME
**date_signed_185564**
DATE SIGNED
Senior Deputy City Clerk
TITLE
**signature_185567**
SIGNATURE
Gerald Dahl
FULL NAME
**date_signed_185567**
DATE SIGNED
CITY ATTORNEY
TITLE
Exhibits List
A - APR-2026.07.23-Wember_Fee_Page
B - RFP-26-42-Anderson Pool Owner's Rep
Exhibit A
APR-2026.07.23-Wember_Fee_Page
FEE PROPOSAL
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Fee Proposal
Exhibit B
RFP-26-42-Anderson Pool Owner's Rep
+1 User
AWARD PENDING
Anderson Pool Replacement Owner's Representative
Request For Proposal
Parks & Recreation
91831, 95826, 95877
Project ID: 26-42
Release Date: Tuesday, June 30, 2026
Due Date: Thursday, July 23, 2026 2:00pm
Posted Tuesday, June 30, 2026 1:51pm
Bid Unsealed Thursday, July 23, 2026 2:19pm by Whitney Mugford-Smith
Pricing Unsealed Thursday, July 23, 2026 2:19pm by Whitney Mugford-Smith
All dates & times in Mountain Time
1. Introduction, Background, Scope of Work
1.1. Introduction
The City of Wheat Ridge is seeking proposals from qualified Owner’s Representative firms to manage the Anderson Pool replacement project throughout the design,
demolition, and construction phases. Anderson Pool is located at Anderson Park: 4355 Field St. Wheat Ridge, CO 80033. It is anticipated that the Owner ’s
Representative will be selected in August 2026.
1.2. Background
The City of Wheat Ridge (the “City”) Municipal Building is located in the northwest Denver metropolitan area, with municipal offices at 7500 W 29th Avenue, Wheat
Ridge, CO 80033. The City’s area consists of about nine square miles of rolling land adjacent to the Interstate 70 transportation corridor between Denver and the
Rocky Mountains. The topography is somewhat unique, with a natural ridge traversing the City. The City is a suburban community of approximately 33,000
residents. Wheat Ridge is a home-rule municipality with an elected mayor and eight council members, and a Council- Manager form of government. Wheat Ridge
recognizes the Best Value procurement model which allows the City to appoint suppliers that best meet the needs of the City, taking into consideration proposer
qualifications, price, products, and service capabilities and other factors relevant to the City’s policies, programs, administrative resources, and budget.
1.3. Scope of Work
1.3.1. Project Overview
The City of Wheat Ridge is seeking proposals from qualified Owner’s Representative firms to manage the Anderson Pool replacement project throughout the design,
demolition, and construction phases. Anderson Pool is located at Anderson Park: 4355 Field St. Wheat Ridge, CO 80033. It is anticipated that the Owner ’s
Representative will be selected in August 2026.
The new facility should provide a modern aquatic environment that serves residents of all ages and abilities, supports recreation and aquatic programming, and
reflects community priorities identified through a comprehensive public engagement process.
Create
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1.3.2. All Phases: General & Project Planning
1.3.3. Contract Management and Communication
All pool-specific infrastructure, some of which is located within the building, is included within this scope.
The City is also hoping to expand the staff offices and storage space as part of the design.
The adjacent Anderson Building, which includes locker rooms, the front desk area, and the lifeguard office, was renovated in 2018-2019. After that
renovation, there are still issues related to the water supply, sewer lines, electrical system, heating, and air conditioning.
The site footprint for this planning and design project may be similar to the current pool footprint. Depending on other city decisions, priorities, and timelines,
there may be an opportunity to expand the footprint for the replacement pool to either the east (into the current parks shops and storage area) and/or the south (into
the current soccer field).
The selected Owner's Representative firm will manage the project in collaboration with the design firm (anticipated contract award in July 2026) the City of Wheat
Ridge, and the eventual selected construction firm.
Consultants responding to this RFP shall provide a detailed scope approach, work plan, schedule, staffing plan, and fee proposal for completing the services outlined
below.
Set up and manage Project Management Online Software, including shared documents, contacts, and secure access requirements.
Establish Owner's Representative as the central point of contact for coordinating all project activities, including the process for approvals, maintenance of
project records, responses to inquiries from consultants, suppliers, and contractors, transfer of information to decision-makers, coordination of project
information flow, and progress reports to the Owner.
Represent the Owner at regular project meetings and provide advice that will help facilitate economic, efficient, and desirable development and construction
procedures. Track project-related issues, assign responsibility and track follow-through.
Act as liaison between the project team members and assist in the obtaining of building permits, other governmental approvals, authorizations, and sign-
offs as necessary for the design, construction, and operations of the Project.
Establish a process by which all changes can be priced, submitted, reviewed, and added or subtracted from the project cost. Review and submit, with
recommendations, all requests for payment under vendor agreements, provided that all such payments shall be subject to Owner approval. Coordinate with
the Owner's finance and accounting departments on related budget and financial matters.
Submit to the Owner suggestions or changes that could improve the design or reduce costs.
Maintain electronic files for the Owner.
Review the options for project delivery methods based on program needs and recommend an approach.
Manage the overall project budget to ensure the financial objectives are met.
Establish a project schedule that coordinates project funding with contract, city budget, bidding and contract award, and cashflow commitments.
Provide regular project status updates to the Parks and Recreation Department and to other key City staff as needed.
Work directly with staff and leaders from the City of Wheat Ridge to define the project requirements.
Confirm infrastructure and site requirements for the site and lead the City through any associated entitlement work related to the site.
This includes coordination through the planning processes for all involved jurisdictions and utilities, such as fire, power, and water.
The Owner’s Representative firm will manage pay applications, change directives, change orders, RFIs, submittals, and other documents that are
managed timely and effectively to avoid delays in project delivery.
The Owner’s Representative firm will work with its representatives to process all job documentation through an established document management and
control system.
Clear communication related to project activities; including cost control, schedule control, budget, and quality issues as they arise.
Lead project kick-off meeting with City Staff and key stakeholders.
Work with the Owner and design team to understand project goals and objectives.
Analyze the site documentation (existing and new).
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1.3.4. Design
1.3.5. Construction Firm Procurement
1.3.6. Demolition and Construction
Previous public engagement studies, audits, and reports. (2025 Anderson Pool public engagement report, 2023 technical facility audit)
If needed, collaborate with city staff on any public engagement that's needed for topics missed during the 2025 engagement that is appropriate to
complete before the concept stage
Site surveys, records, maps, plans, and utility information
Existing pool operations and maintenance data
Parks and recreation planning documents including, but not limited to:
Parks and Recreation Pathway, City Plan
Review Design Team agreement and scope.
Work with the Owner and design team and/or to generate a program outlining space and square footage requirements.
Oversee conceptual design diagrams for the floor plan and site.
Generate a milestone schedule for the proposed project.
Oversee the daily tasks and ensure design milestones are met.
The Owner’s Representative will work with the design firm and City staff ensure the project is designed to specifications, to code, to standards, within budget,
and overall to ensure the best possible version of the project is designed.
The Owner’s Representative will work with the design firm and City staff to define and address the site development requirements, including items such as
utilities, staff and user safety considerations, recreation amenities, shade, staff spaces, and more.
Conduct regular design meetings with the selected design firm and City staff.
Lead public engagement efforts in coordination with the selected design firm and City Staff.
Review concept and design packages in collaboration with City staff to make changes and improvements.
Provide interpretation of plans and specifications.
Review existing documentation and data, manage existing data, and new project data.
Discuss Project with the Owner to review the critical information gathered related to the Project and analyze strategies for the Project's success.
Review proposed cost estimates and construction bidding documents in collaboration with City staff to make changes and improvements.
Work with network of general contractors and industry experts to refine costs related to the project.
Work with design team estimator or General Contractor to track estimates and cost-saving options to align with the project budget.
Analyze and present the construction delivery methods for the proposed project.
Monitor generation of final report and co-present it to Department leadership, the Parks and Recreation Commission, and City Council.
Work with the design team and Owner to prepare them for and attend public engagement meetings in collaboration with city staff to gather feedback on the
conceptual alternatives and determine the preferred design direction.
Manage general contractor selection process, including generating RFPs, checking references, analyzing fees, managing the interview process, and attending
interviews.
Manage the procurement of the material testing firm.
Monitor the procurement process, led by the design team, of procurement of the FF&E required for the Project.
Confirm that the permit process is completed prior to the start of construction.
Coordinate and review any modifications to pricing with the Owner.
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1.3.7. Close Out and Post-Construction
1.3.8. Warranty Period
1.3.9. Other Considerations: Preliminary Aquatic Facility Program (Typical Components)
Review insurance and bonding requirements.
Review subcontractor bids and process and confirm that a competitive process has been followed in obtaining bids from subcontractors, assist in the review of
bids and subcontractor selection, and take necessary action such that subcontractors are properly insured.
Issue final approval of Guaranteed Maximum Price or hard bid award.
Oversee the daily tasks and ensure demolition and construction milestones are met.
The Owner’s Representative will work with the construction firm, design firm (who will manage Construction Administration), and City staff ensure the project is
built as designed, to specifications, to code, to standards, within budget, and overall to ensure the best possible version of the project is built.
Conduct regular design meetings with the selected construction firm, design firm, and City staff.
Assist with project update public messaging in coordination with the selected construction firm, design firm, and City Staff.
Monitor the moving of new/old/stored furnishings and equipment into the completed facility.
Monitor the creation of the design team punch list monitor progress and completion of corrective work identified on the punch list.
Recommend to the Owner the approval of the issuance of the Certificate of Substantial Completion.
Provide recommendation to the Owner regarding the final acceptance of the Project and release of final payment to the contractor(s).
Monitor the turnover of stock supplies of materials as specified by the contract documents.
Monitor the preparation of operations, maintenance manuals, and as-built plans and specifications on behalf of the Owner.
Facilitate contractor's training of appropriate; Owner selected facilities staff members on subjects of operations and maintenance.
Assist the Owner with determining the warranty period. If an extended warranty is considered, assist the Owner with understanding the cost and value
associated with extended warranties to evaluate the value and additional cost.
Schedule and monitor the 11-month warranty walkthrough with the design team if the warranty is a minimum of 1 year.
Assist the Owner with building issues/complaints and determine the necessary steps to take to address these items. Address warranty items to confirm the
requirements of the warranty are met.
Provide status reports to the Owner summarizing progress, schedule and cost status, major decisions, changes and other key project information affected
through the warranty period.
Core Aquatic Elements
Lap pool with multiple lanes for lap swimming and swim team use
Leisure pool with zero-depth entry
Children's play pool or splash area
Water slides or aquatic play structure
Deep-water activity area (optional depending on community preference)
Diving boards are not being considered due to safety concerns
Certain elements above could combined within the same physical space
Recreation Features
Interactive water play features (spray elements, small slides, climbing features)
Lazy river or current channel (optional)
Climbing wall or specialty aquatic features (optional)
Deck and Visitor Amenities
Pool deck seating and lounge areas
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1.3.10. Proposed Project Schedule
Shade structures and umbrellas
Picnic areas and group seating
Replace or remove current concession stand and park restroom building
Lifeguard stations and safety equipment
Storage for staff, programs, and potentially partner organizations (swim teams)
Public Wi-Fi (likely commercial-grade), with a private network for staff
Aligning with current network (Meraki wireless)
Support Facilities
Staff offices and lifeguard break rooms
One private administrative office space large enough for two workstations with internet connection, phone access, and storage space
First aid space (designed for user privacy)
Equipment and maintenance supply storage
Mechanical rooms, pool filtration, and treatment systems
High-rate sand filters
Pulsar chlorination systems
BECSys5 chemical controllers
Safe storage spaces to allow for a separated CO /liquid acid combo feed system
Below-grade installation of all pumps
VFDs
Consideration for delivery access
Site Elements
Landscaping and shade trees
If possible, preserving existing mature, healthy trees would be prioritized
Including logical additional new trees in the design would also be prioritized
Trees added along the eastern side of the pool footprint would provide additional value as protection from foul balls from the nearby ballfield
Trees along the perimeter, in general, would be prioritized
The City forestry team would review and approve all tree selections
Accessible pathways and ADA access including ADA-compliant pool lifts
Safety and security elements, such as camera and area with non-slip surfacing
Cameras consistent with current city system (Verkada) and providing thorough coverage
Restricted access consistent with current city system (Genetec)
Consideration of incorporating reference to original for community nostalgia and continuity
Accessibility and Inclusion
The City encourages the design of a facility that promotes universal accessibility, which may include:
Zero-depth entry pools
Accessible water play elements
2
The City anticipates the project following a schedule similar to the outline below. The outdoor pool season is typically Memorial Day weekend-mid August, followed
by weekend-only hours through Labor Day. There are indoor pools open year-round at the Wheat Ridge Recreation Center.
Phase Estimated Duration
Public Engagement and Design 12-16 months
Budget Alignment and potential
Budget Development 3 months-3 years
Construction Firm Competitive
Procurement 3 months
Demolition 1-3 months
Construction 8-12 months
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Total Anticipated Project Timeline: TBD based on budget availability for construction, but at minimum 12 months for design and an additional 9+ months for
demolition and construction. While the City feels confident that funding will be available to move swiftly from design to construction, the possibility of a significant
gap between design phase and construction phase exists, depending on city budget funds.
The selected consultant will be expected to coordinate the schedule with City staff and key decision milestones, including City Council or advisory board
presentations if required.
2. Evaluation Process & Criteria
2.1. Evaluation Process
2.1.1. Proposal Requirements
2.1.2. Evaluation Process
Proposals submitted in response to this RFP should include:
Project understanding and approach
Detailed work plan and methodology
Project schedule
Owner’s Representative team organization and roles
Relevant project experience
Fee proposal
References
Firms will be evaluated not only on their past experience for the type of work involved, but also on their ability to address issues critical to the success of the audit
services requirements outlined in this RFP. Proposals will be evaluated by a City selection committee based on the criteria listed below. The City may invite top-
ranked firms to participate in interviews prior to final selection. Submittals should be formatted to correspond exactly to the bullets. Additional relevant information is
encouraged.
Omissions or incomplete responses in terms of content or aberrations in form may, at the City’s discretion, render the proposal non-responsive.
2.2. Evaluation Criteria
1. Project Understanding and Approach
Demonstrated understanding of the project goals, local community needs, regional conditions, regulatory environment, and aquatic facility design and
construction considerations. Quality and clarity of the proposed methodology and work plan.
Scoring Method:
Points Based
Weight (Points):
20 (20% of Total)
2. Relevant Experience
Experience of the firm with similar aquatic facility projects, particularly design and construction of municipal outdoor pools along the Front Range and community
engagement processes.
Scoring Method:
Points Based
Weight (Points):
20 (20% of Total)
3. Project Team Qualifications
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Qualifications, roles, and experience of key personnel assigned to the project.
Scoring Method:
Points Based
Weight (Points):
15 (15% of Total)
4. Project Team Coordination Strategy
Experience and success with effectively coordinating efforts between the project design firm, project construction firm, and project owner (City in this case).
Scoring Method:
Points Based
Weight (Points):
15 (15% of Total)
5. Project Schedule and Management
Feasibility of the proposed schedule and effectiveness of project management approach.
Scoring Method:
Points Based
Weight (Points):
10 (10% of Total)
6. Fee Proposal
Reasonableness and transparency of the proposed fee relative to the scope of work.
Scoring Method:
Points Based
Weight (Points):
20 (20% of Total)
3. Administrative and Offeror Information
3.1. Proposal Opening, Evaluation, and Award
There is no public opening. Names of each proposer will be posted on the city website. Proposals will be examined after opening and will be evaluated based on the
evaluation criteria. The firm selected for the award will be chosen based on the apparent Best Value to the City and not necessarily based on lowest price. The City
reserves the right to make multiple awards if deemed in the best interest of the City. No proposal may be withdrawn for a period of sixty (60) calendar days of the
Proposal Opening date.
3.2. Sales & Use Tax
Don’t include sales or use tax in your proposal, as the City of Wheat Ridge is exempt from City, County, State, and Federal sales and excise taxes. Certificates will
be issued upon request. City of Wheat Ridge Sales Tax Exempt: 98-03515
3.3. Proposer Qualifications
No proposal will be accepted from and no contract will be awarded to any person, firm, or corporation that is in arrears to the City of Wheat Ridge, upon debt or
contract that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, proposers
shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply or service bid upon and that they have the necessary
financial resources to provide the proposed supply or service.
3.4. Right to Investigate
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The City reserves the right to investigate and confirm the proposer’s financial responsibility. This may include financial statements, bank references, and interview
with past consultants, employees, and creditors. Unfavorable responses to these investigations are grounds for rejection of the proposal.
3.5. No Commitment by the City of Wheat Ridge
This Request for Proposals does not commit the City of Wheat Ridge to award any costs or to pay any costs, or to award any contract, or to pay any costs
associated with or incurred in the preparation of a proposal to this request, or to procure or contract for services or supplies. In acceptance of proposals, the City of
Wheat Ridge reserves the right to negotiate further with one or more of the contractors as to any features of their proposals, and to accept modifications of the work
and price when such action will be in the best interest of the City. This includes solicitation of a best and final offer from one or more of the proposers.
3.6. Proposal Representation
Each proposer must sign the proposal and shall give his or her full business address on the form provided in this proposal. Proposals by partnerships shall be signed
with the partnership name by one of the members or by an authorized representative. Proposals by corporations shall be signed with the name of the corporation,
followed by the signature and designation of the president, secretary, or other person authorized to bind it in the matter and shall have the corporate seal affixed
thereto.
3.7. Anti-Collusion Clause
No officer or employee of the City of Wheat Ridge, and no other public official or employee who may exercise any function or responsibilities in the review or
approval of this undertaking, shall have any personal or financial interest—direct or indirect—in any contract or negotiation process thereof. The above compliance
request will be part of all City of Wheat Ridge contracts for this service.
3.8. Indemnification
Contractor hereby indemnifies and agrees to hold the City and its representatives and agents harmless for and on account of any act or omission of the Contractor in
the execution and completion of the project specified herein, and this indemnification shall extend to and include Bodily Injury, Property Damage or Personal Injury,
including compensatory, economic, punitive or special damages suffer by any person or entity in connection with the project. Contractor agrees to defend the City
hereunder and indemnify the City, to include all court costs and attorney’s fees incurred in any defense required to be undertaken by the City as a result of the
actions of the Contractor on the project. Notwithstanding the foregoing, nothing contained herein shall be deemed a waiver by the City of any of the protections
afforded the City by virtue of the provisions of the Colorado governmental Immunity Act (Colo. Rev. Stat. 24-10-101).
3.9. Insurance
The successful Proposer(s) will be required to execute Certificates of Insurance to be attached to the executed contract documents and which shall become part of
the contract as information documents only. The certificates shall provide that the insurance shall not be cancelled or terminated prior to completion of the work and
that thirty (30) days’ notice shall be given the City prior to cancellation of policies.
The successful Proposer shall be required to maintain the following insurance coverage:
Certificate Holder:
City of Wheat Ridge
7500 West 29 Avenue
Wheat Ridge, CO 80033
Required
th
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City of Wheat Ridge, its officers and employees must be named as an additional
insured to general liability policy.
Required
All policies as required shall provide a waiver of subrogation in favor of City of Wheat
Ridge.
Required
Workers Compensation - statutory limits provided by an insurance carrier that is
licensed to do business in Colorado. The policy shall contain a Waiver of Subrogation
on behalf of City of Wheat Ridge.
Employer’s liability:
$100,000 each accident
$500,000 disease policy limit
$100,000 disease each employee
Required
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 general aggregate
$1,000,000 personal injury
$2,000,000 products and completed operation aggregate
If applicable to the scope of work, the following shall be included:
-No exclusion for abuse or molestation
-No exclusion for assault and battery
-Liquor liability
Required
Commercial Automobile Liability – including owned, hired, and non-owned vehicles.
(If autos are used in the performance of work under this agreement). Combined single
limit for bodily injury and property damage.
$1,000,000 each accident
Required
Professional Liability/Errors and Omissions
$1,000,000 each claim
$1,000,000 aggregate
Required
The insurance requirements specified by the City shall remain in effect for the full term
of the contract and/or agreement and any extension thereof. Updated Certificates of
Insurance shall be sent to the City during the full term of the contract and/or agreement
and any extension thereof.
Required
Any subcontractors must meet the same insurance requirements for the contract or
purchase order unless Procurement has approved a deviation.
Required
3.10. Laws and Regulations
All applicable State of Colorado and Federal laws, City and County ordinances, licenses and regulations shall apply to the award throughout,
and herein incorporated here by reference.
The Proposer shall confirm its compliance with the 80% Colorado labor requirement of the Keep Jobs in Colorado Act, H.B. 13-1292, including C.R.S. 8-17-
101,et seq.
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3.11. Federally Funded Projects
Supplier must complete and submit the Vendor Qualification Form provided with the request. Failure to complete this form and submit with response may result in
the disqualification of the contractor. The City’s acceptance of this proposal shall be based on information provided by the contractor in the form. For all federally
funded projects, Contractor cannot be banned or debarred, per current sam.gov information at www.sam.gov.
3.12. Accessibility
Contractor(s) and solutions complies with all applicable provisions of §§24-85-101, et seq., C.R.S., [1] and the Accessibility Standards for Individuals with a
Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103(2.5). Contractor also complies with the latest version of Level AA of
the Web Content Accessibility Guidelines (WCAG), currently version 2.1, as described in State of Colorado Technical Standard TS-OEA-002, Technology
Accessibility for Web Content and Applications when developing solutions for the state.
The Contractor agrees to indemnify, save, and hold harmless the state, its employees, agents and assignees (collectively, the “Indemnified Parties”), against any and
all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified
Parties in relation to the Contractor ’s failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as
established by the Office of Information Technology pursuant to Section §24-85-103(2.5).
Any additional costs to add accessibility features will be the obligation of the Contractor, and any addition or change to the Price Proposal will be disallowed.
3.13. Subcontracting
No portion of this proposal may be subcontracted without the prior written approval of the City.
3.14. Sales Prohibited/Conflict of Interest
No officer, employee, or member of City Council shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies,
or services—where such officer or employee exercises (directly or indirectly) any decision-making authority concerning such sale or has any supervisory authority
over the services to be rendered. Soliciting or accepting any gift, gratuity favor, entertainment, kickback, or any items of monetary value from any person who has or
is seeking to do business with the City of Wheat Ridge is prohibited.
3.15. Modification of Agreement
No modification of award shall be binding upon the City, unless made in writing and signed by authorized agents of both parties.
3.16. Cancellation
Either party may cancel the award in the event that a petition—either voluntary or involuntary—is filed to declare the other party bankrupt or insolvent, or in the event
that such party makes an assignment for the benefit of creditors.
3.17. Termination of Award for Cause
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If through any cause the successful proposer shall fail to fulfill in a timely and proper manner its obligations, or if the successful proposer shall violate any of the
covenants, agreements, or stipulations of the award, the City shall thereupon have the right to terminate the award by giving written notice to the successful proposer
of such termination—specifying the effective date of termination. In that event, all finished or unfinished services, reports, or other materials prepared by the
successful proposer shall—at the option of the City—become its property, and the successful proposer shall be entitled to receive just, equitable compensation for
any satisfactory work completed, or prepared documents/materials furnished.
Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damage sustained by the City by virtue of breach of the award by
the successful proposer, and the City may withhold any payments to the successful vendor for the purpose of set-off, until such time as the exact amount of
damages due the City from the successful proposer is determined.
3.18. Termination of Award for Convenience
The City may terminate the award at any time by giving written notice to the successful vendor of such termination (specifying the effective date thereof) at least
thirty (30) working days before the effective date of such termination. In that event all finished or unfinished services, reports, materials(s) prepared or furnished by
the successful proposer under the award shall—at the option of the City—become its property. If the award is terminated by the City as provided herein, the
successful vendor will be paid an amount which bears the same ratio to the total compensation as the services actually performed or material of compensation
previously made. If the award is terminated due to the fault of the successful proposer, termination of award for cause relative to termination shall apply.
3.19. Equal Opportunity
The successful firm will agree not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person
otherwise qualified solely because of race, creed, sex, national origin, ancestry, or physical handicap.
It shall be a condition that any company, firm, or corporation supplying goods or services must be in compliance with the appropriate areas of the Americans with
Disabilities Act of 1990 as enacted, and from time to time amended, and any other applicable Federal regulation. A signed, written certificate stating compliance with
the Americans with Disabilities Act may be required, upon request, by the City.
3.20. Disadvantaged Business Enterprise
Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin
in consideration for an award. As a recipient of Federal funds, subject to United States Department of Transportation Title VI Regulations at 49 CFR Part 21 the Civil
Rights Act of 1964, the City of Wheat Ridge and its responsible agents, contractors and consultants assure that no person shall on the grounds of race, color or
national origin be excluded from participation in the opportunity to bid or be discriminated against in consideration of award of this project. The Unites States has a
right to seek judicial enforcement with regard to any matter arising under Title VI, 49 CFR Part 21.
3.21. Common Language
Unless otherwise specified in this document, all words shall have a common language unless the context in which they are used clearly requires a different meaning.
Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the
neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. The words “firm,” “bidder,” “vendor,” “offeror,” “contractor,” “consultant,”
and “proposer” refer to any person, partnership, corporation, or other entity.
3.22. Proprietary Information
The evaluation committee will hold information provided by proposers during the solicitation process in confidence until the date of an award. After that date,
proposals will become public record. Proposers may request parts of their proposals to remain confidential and shall indicate as such in the proposal and on
the appropriate proprietary or financial pages. All information included in any proposal that is of a proprietary nature must be clearly marked. The City shall be held
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harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposing firm. An entire proposal shall not be
considered proprietary.
3.23. Competitiveness and Integrity
The Procurement Office maintains control of its internal and third-party communications during the procurement process to prevent biased evaluations and
compromises of confidential information, and to preserve the competitiveness and integrity of such procurement efforts. Proposers should not disclose their pricing to
any employees of the City other than the contract representative. Attempts by proposers to establish informal communication channels regarding this procurement
will be viewed negatively and shall result in rejection of the offending firm’s offer.
3.24. Proposal Format
All responses to this Request for Proposal shall use the respondent’s format, except for those pages which have blanks to be filled in by the respondent, or those
pages marked for return with proposal. A proposal can be rejected by the City if the submitting firm fails to completely fill in all blanks for evaluation of the proposal
or fails to answer all questions. Proposal should be submitted initially on the most favorable terms. All proposals shall be prepared in a comprehensive manner as to
content; however, no necessity exists for expensive binders or promotional materials. All costs—including travel and expenses incurred in the preparation of this
proposal—shall be borne solely by the proposer.
3.25. Proposal Rejection and/or Partial Acceptance
The City reserves the right to the following:
Reject any and all proposals.
Accept other than the lowest price.
Waive minor defects or technicalities, formalities, and informalities.
Accept in whole or in part such proposal where it is deemed advisable.
Make an award on the basis of the apparent greatest benefit to the City of Wheat Ridge.
Alter the scope of work reasonably and RFQ documents until a contract is executed.
3.26. Governing Law
The laws of the State of Colorado shall govern any contract executed between the successful contractor and the City. Further, the place of performance and
transaction of business shall be deemed to be in the County of Jefferson, State of Colorado. In the event of litigation, the exclusive venue and place
of jurisdiction shall be the State of Colorado—more specifically, Jefferson County, Colorado.
3.27. Taxes and Licenses by the Awarded Contractor
The contractor shall promptly pay—when they are due—all taxes, excises, license fees, and permit fees of whatever nature applicable to work which it performs
under this agreement and shall take out and keep current all required municipal, County, State or Federal licenses required to perform this work. Additionally, the
contractor shall furnish the City—upon request—duplicate receipts or other satisfactory evidence showing or certifying to the proper payment of all required licenses
and taxes. Contractor shall promptly pay—when due—all bills, debts, and obligations it incurs performing work under this agreement, and to allow no lien, mortgage,
judgment, or execution to be filed against land, facilities, or improvements owned by the City.
3.28. Prompt Payment Discounts
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In determining the most responsive price proposal(s) the City will consider all acceptable proposals on a basis of the net price to be paid after deduction of the
discount specified in the respective proposals. Prompt payment discounts allowing less than 10 days for the discount to apply shall not be considered as a cost
factor in the evaluation of proposals. In connection with any prompt payment discount offered, time will be computed from date of receipt of a correct invoice to
include the receipt and acceptance of performance.
3.29. Reserved.
Reserved.
3.30. Ownership of Contract Products
All products produced from the awarded contract shall be the sole property of the City.
3.31. Funding
There is in effect within the City of Wheat Ridge, Colorado, Section 2-4 of the City’s Code of Laws which limits the amount for which the City shall be liable to the
amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The contractor is specifically advised of this
Section 2-4 of the Code of Laws. This contract is specifically subject to the provisions of said Code Section. Funding of this contract for any time period after January
1st of the year succeeding the date of entry of this contract is expressly contingent upon appropriations being made by the City Council of the City of Wheat Ridge,
Colorado. No promise—expressed or implied—is made that such funding will be approved by the City Council, acting in its legislative discretion.
3.32. Independent Contractor
The consulting firm is an independent contractor. Notwithstanding any provision appearing in this RFP, all personnel assigned by the firm to perform work under the
terms of this RFP and any subsequent agreement shall be—and remain at all times—employees or agents of the firm for all purposes. The firm shall make no
representation that it is the employee of the City for any reason.
3.33. Employment of Labor
The Consultant and each of the approved sub-consultants shall hire qualified workers for the project who are citizens of the Unites States or legal resident aliens with
first preference being given, insofar as practicable, to those having served in the armed forces of the United States and having been honorably discharged or
released from active duty therein.
The Consultant shall employ only competent persons to do the work, and whenever requested in writing by the City Representative, the Consultant shall discharge
any person who commits trespass or in, in the opinion of the City Representative, disorderly, dangerous, unfaithful, insubordinate, incompetent or otherwise
unsatisfactory.
3.34. Due Diligence
Due care and diligence have been used in the preparation of this information and it is believed to be substantially correct. The responsibility, however,
for determining the full extent to the exposure and the verification of all information shall rest solely with the proposer. The City is not responsible for any errors or
omissions in the specification, or for the failure on the part of the proposer in determining the full extent of exposure.
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3.35. Debriefing
After the project award has been made, vendors may contact the City Purchasing Agent to request a debriefing on the selection process, as well as a discussion of
the strengths and weaknesses of their firm’s proposal.
3.36. Security Access Cards
The City will issue security access cards to assigned workers. It will be at the discretion of the City to determine if the access cards are issued specifically for each
worker, or if a guest card will be issued.
3.37. Cooperative Procurement
The City of What Ridge encourages and participates in cooperative procurement endeavors undertaken by or on behalf of other governmental agencies including the
Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC).
We hereby request that and member of MAPO/CPEC by permitted to avail itself of this contract and purchase as specified by the contract resulting from this
solicitation request, at the contract prices established therein. Each governmental entity would establish its own contract, issue its own orders, be invoiced directly,
make its own payments and issue its own exemption certificates as required. It is understood and agreed that the City of Wheat Ridge is not a legally binding party to
any contractual agreement made between another governmental entity and the successful vendor as a result of this solicitation. The City shall not be liable for any
costs or damages incurred by any other entity.
3.38. 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:
1. Work completed on time
2. Work completed within budget
3. Work completed as per the Scope of Work
4. Future awards recommendation
4. Vendor Response
4.1. Vendor Questionnaire
1. ACKNOWLEDGEMENTS
1.1. Non-Discrimination Assurance Title VI Regulations at 49 CFR Part 21*
Title VI of the Civil Rights Act of 1964 prohibits discrimination of the basis of race, color or national origin by any entity receiving Federal financial assistance.
The City of Wheat Ridge is a recipient of Federal financial assistance and as such, it—as well as all of its responsible agents, contractors and consultants—is required
by the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 (the Regulations) to assure nondiscrimination. The City of Wheat Ridge
assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, or
national origin under any program or activity conducted by the City.
All bidders are hereby notified that the City of Wheat Ridge will affirmatively ensure that disadvantaged business enterprises will be afforded full opportunity to submit
bids in response to all invitations and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. This applies to all
solicitations for bids for work or material subject to the Regulations, and for all proposals for negotiated agreements.
By clicking "Please confirm" below, the bidder agrees as follows:
1. The bidder shall comply with the provisions of Title VI of the Civil Rights Act of 1964.
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2. The bidder assures the City of Wheat Ridge that disadvantaged business enterprises are afforded full opportunity to submit bids as sub-contractors or sub-
consultants and will not be discriminated against on the grounds of race, color or national origin in consideration for award.
3. The bidder shall comply with all reasonable requests made in the course of an investigation of Title VI, the Regulations and this assurance by the Colorado
Department of Transportation, the US Department of Transportation or the City of Wheat Ridge, as a sub-recipient of Federal financial assistance.
4. The bidder agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under Title VI, the Regulations and this
assurance.
*Response required
1.2. Non-Collusion Affidavit*
The Contractor, of lawful age, being duly sworn, on oath says that (s)he is the agent authorized by the Bidder to submit the attached bid. Affidavit further states that the
Bidder has not been a party of any collusion among Bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or any
Federal, State or Municipal official or employees as to quantity, quality, or price in the prospective Contract, or any other items of said prospective Contract; or in any
discussions between bidders and any Federal, State or Municipal official concerning exchange of money or other thing of value for special consideration in the letting of
a Contract.
*Response required
1.3. Contractor acknowledges they:*
1. Have read the RFP documents thoroughly prior to submitting a proposal,
2. Will fulfill the obligations in accordance to the scope of work or specifications, terms, and conditions,
3. Are capable of performing quality work to achieve the City objectives, and
4. Are submitting without collusion with any other individual or firm.
By clicking "Please confirm" the contractor agrees to the above.
*Response required
2. OWNERSHIP/MANAGEMENT, PROJECT MANAGEMENT, SUPERVISORS, AND RELATED ENTITIES
2.1. Principle In Charge Name*
Enter response
*Response required
2.2. Principle in Charge Email*
Enter response
*Response required
2.3. Type of Business Organization*
Sole Proprietorship
Corporation
Partnership
Limited Partnership
*Response required
2.4. State in which incorporated
Enter response
2.5. Joint Venture
Enter response
2.6. Contact Information*
Name, position, and address of contract person regarding the information on this form.
Enter response
*Response required
2.7. Number of years your firm has done business under current name?*
Please confirm
Please confirm
Please confirm
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Enter response
*Response required
2.8. Previous Names or Partnerships
Previous firm names and / or partnerships (or firms you have had any interest in), and number of years of each name
Enter response
3. CONTRACTING HISTORY
3.1. Major Account History*
Attach a list of all major accounts for the past two (2) years. For each account indicate the following:
Original contract bid amount
Owner (address, telephone number, and contact name)
Account services provided
Litigation or claims related to each project—state nature of claim(s), the parties, the dollar value, the status and outcome—including the value of any judgment(s) or
settlement(s)
Name, address, and phone number(s) of reference(s)
*Response required
3.2. Company Availability*
List major equipment, facilities, number and type of employees available for City contract work. Specify type of work normally done by your forces, and type of work you
normally subcontract.
Enter response
*Response required
3.3. Have you ever terminated or abandoned any work prior to completion, or had work completed by others?*
Yes
No
*Response required
When equals "Yes"
3.3.1. If yes, describe the situation*
Enter response
*Response required
3.4. Has your firm—or any firm you have had any interest in—ever been debarred or prohibited from contract work with any government or private
institution?*
Yes
No
*Response required
When equals "Yes"
3.4.1. If yes, describe the situation:*
Enter response
*Response required
3.5. City Staff will evaluate all qualification forms. The evaluation will include the following:*
Verification of statements and information provided
Ability to perform work of similar nature
Financial stability and capability
Any pattern of controversy, poor management, delayed claims, late completion, inferior service or equipment, or other undesirable characteristics
This qualification process is not intended to restrict competition. The intent is to protect the City’s legitimate interests by ensuring that vendors are competent, capable
of quality work, and financially able to complete the work awarded.
*Response required
4. COMPLIANCE WITH LAWS AND OTHER REGULATIONS
Please confirm
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If “Yes” is answered to any of the following questions in Sections IV, V, or VI, please provide details—including a brief summary of cause(s) of action, indicating if
applicant firm, owner, or affiliate firms were plaintiffs (P) or defendants (D); define charges explicitly, identifying by what authority, court, or jurisdiction charge(s) were
made. Complete details are required.
NOTE: For Sections IV and V below, the definition of an “investigation” includes:
An appearance before a grand jury by representatives of the firm
Any oral or written inquiry or review of the firm’s documents by a governmental or law enforcement agency or investigative agency
Questioning of employees concerning the general operation or specific activities of the firm
4.1. Public Benefit
I, the vendor, swear or affirm under penalty of perjury, and under the laws of the State of Colorado, that: (select an option below)
I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that State law requires me to provide proof that I am
lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation
in this sworn Affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under C.R.S. 18-8-503 and it shall constitute a separate
criminal offense each time a public benefit is fraudulently received.
I am a United States citizen
I am a permanent resident of the United States
I am lawfully present in the United States, pursuant to Federal law.
4.2. Acceptance of Conditions Statement*
City of Wheat Ridge prohibits contracting with firms that employ certain relatives of City employees, unless the City Council determines that the making of such a
contract is in the City’s best interest. No City Council member, member of a City Board or Commission, Municipal judge, City Manager, City attorney(s), or employee of
the City of Wheat Ridge—or any such person’s spouse, child, parent, brother, sister, dependent or person assuming a relationship being the substantial equivalent of
the above—has an existing or pending (direct or indirect) financial, pecuniary, or personal interest in the proposing firm or this Request for Proposal (RFP)
*Response required
5. References
5.1. Reference Authorization*
I authorize the City of Wheat Ridge to contact the following listed references.
*Response required
5.2. Reference #1*
Reference Contact Name
Enter response
*Response required
5.3. Company Name*
Enter response
*Response required
5.4. Email*
Enter response
*Response required
5.5. Phone Number*
Enter response
*Response required
5.6. Project Information*
Brief overview of projected completed.
Enter response
*Response required
5.7. Reference #2*
Please confirm
Please confirm
8/13/26, 5:25 PM Project Detail
https://procurement.opengov.com/governments/2618/projects/279339/evaluation/document?section=all 17/18
Reference Contact Name
Enter response
*Response required
5.8. Company Name*
Enter response
*Response required
5.9. Email*
Enter response
*Response required
5.10. Phone Number*
Enter response
*Response required
5.11. Project Information*
Brief overview of projected completed.
Enter response
*Response required
5.12. Reference #3*
Reference Contact Name
Enter response
*Response required
5.13. Company Name*
Enter response
*Response required
5.14. Email*
Enter response
*Response required
5.15. Phone Number*
Enter response
*Response required
5.16. Project Information*
Brief overview of projected completed.
Enter response
*Response required
6. ADDITIONAL DOCUMENTATION REQUIRED
Additional document copies to be submitted with this application:
6.1. Pricing Proposal*
*Response required
8/13/26, 5:25 PM Project Detail
https://procurement.opengov.com/governments/2618/projects/279339/evaluation/document?section=all 18/18
FEE PROPOSAL
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Fee Proposal
ATTACHMENT 2
ITEM NUMBER: 9
DATE: August 24, 2026
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION NO. 40-2026
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND
THE COLORADO DEPARTMENT OF TRANSPORTATION FOR
THE CONSTRUCTION OF THE 44TH AVENUE PEDESTRIAN
HAWK SIGNALS PROJECT
☐PUBLIC HEARING
☐BIDS/MOTIONS
☒RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
In 2026, the City was awarded funding through the Colorado Department of
Transportation (CDOT) to construct two HAWK signals at 44th Avenue and Miller Street,
and 44th Avenue and Lamar Street. The funding includes federal funds only.
CDOT administers the funding, so an Intergovernmental Agreement needs to be
executed that outlines the various parties’ responsibilities, summarizes the funding
sources, and details the requirements of the funding sources.
PRIOR ACTION:
No prior action.
FINANCIAL IMPACT:
Funding for the 44th Avenue Pedestrian HAWK Signals project is budgeted in the 2J
Fund. The total project cost is estimated at $814,006. The City’s portion of the local
match is $81,401.
BACKGROUND:
The City of Wheat Ridge has been awarded Highway Safety Improvement Program
(HSIP) funding to replace the existing Rectangular Rapid Flashing Beacon (RRFB)
pedestrian crossings at 44th Avenue and Miller Street and 44th Avenue and Lamar
Street with High-Intensity Activated Crosswalk (HAWK) signals.
Council Action Form – 44th Avenue Pedestrian HAWK Signals
August 24, 2026
Page 2
Both crossings experience sustained pedestrian activity and have documented safety
concerns related to crash history, operating speeds, and driver yielding compliance. The
Miller Street crossing serves Compass Montessori School, Mountain Phoenix
Community School, Clear Creek Trail, Fruitdale Park, and nearby residential
development. The Lamar Street crossing serves Hopper Hollow Park and surrounding
residential, commercial, and retail areas.
The Miller Street crossing experienced 12 reported crashes over the most recent five-
year period, including two serious-injury crashes. In 2024, a pedestrian was struck in
the marked crosswalk when a motorist failed to yield. While fewer crashes have
occurred at Lamar Street, pedestrians must cross a multilane arterial with a 35-mph
posted speed limit and slightly elevated 85th-percentile speeds.
Both RRFBs were installed as minimum-level pedestrian treatments consistent with
CDOT guidance at the time. Despite their operation, the City continues to receive
complaints regarding close calls and safety, and driver yielding remains a concern.
Replacing the RRFBs with HAWK signals will provide a more effective traffic control
treatment, improve driver compliance and pedestrian visibility, and reduce conflicts at
these high-priority crossings. HAWK signals are an FHWA-recognized safety
countermeasure for locations where pedestrian demand and roadway conditions
warrant enhanced crossing protection.
RECOMMENDATIONS:
Staff recommend approval of an Intergovernmental Agreement between the City of
Wheat Ridge and the Colorado Department of Transportation for the HAWK Signals
Construction project.
RECOMMENDED MOTION:
“I move to approve Resolution No. 40-2026, a resolution approving an
Intergovernmental Agreement between the City of Wheat Ridge and the Colorado
Department of Transportation for the construction of the 44th Avenue Pedestrian HAWK
Signals project.”
Or,
“I move to postpone indefinitely Resolution No. 40-2026, a resolution approving an
Intergovernmental Agreement between the City of Wheat Ridge and the Colorado
Department of Transportation for the construction of the 44th Avenue Pedestrian HAWK
Signals project.”
REPORT PREPARED/REVIEWED BY:
Daniel Martinez, Infrastructure Program Manager
Kent Kisselman, Director of Public Works
Council Action Form – 44th Avenue Pedestrian HAWK Signals
August 24, 2026
Page 3
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 40-2026
2. CDOT IGA
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 40
SERIES OF 2026
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE
AND THE COLORADO DEPARTMENT OF
TRANSPORTATION FOR THE 44TH AVENUE PEDESTRIAN
HAWK SIGNALS PROJECT
WHEREAS, the City of Wheat Ridge (the “City”) applied for and was awarded
federal and state transportation funding in 2026 for the 44TH Avenue Pedestrian HAWK
Signals Project (the “Project”); and
WHEREAS, the Project will construct two HAWK signals at 44th Avenue and Miller
Street and 44th Avenue and Lamar Street to replace existing RRFBs; and
WHEREAS, the Project provides a more effective traffic control treatment,
improves driver compliance and pedestrian visibility, and reduces conflicts at these
high-priority crossings; and
WHEREAS, project funding includes federal HSIP funds in the amount of
$732,065, and City funds in the amount of $81,401, for a total estimated project cost of
$814,006; and
WHEREAS, the Colorado Department of Transportation (CDOT) administers the
federal funds and requires the execution of an Intergovernmental Agreement (“IGA”)
outlining the responsibilities of the parties and the funding requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO THAT:
Section 1. The Intergovernmental Agreement between the City of Wheat Ridge
and the Colorado Department of Transportation for the 44th Avenue Pedestrian
HAWK Signals Project is hereby approved in substantially the form presented to
City Council.
Section 2. The Mayor and City Clerk are hereby authorized and directed to
execute the Intergovernmental Agreement and such other documents as are
necessary to carry out the intent of this Resolution.
ATTACHMENT 1
Section 3. This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 24th day of August 2026.
Korey Stites, Mayor
[SEAL]
ATTEST:
Janeece Hoppe, City Clerk
OLA #: 331003881
Routing #: 26-HA1-XC-00151
LA.FED_4.30.26 Page 1 of 45
State of Colorado Intergovernmental Agreement
Cover Page
State Agency
Department of Transportation
Local Agency
CITY OF WHEAT RIDGE
Agreement Routing Number
26-HA1-XC-00151
Agreement Effective Date
The later of the Effective Date or
June 22, 2026
Agreement Expiration Date
June 21, 2036
Agreement Maximum Amount
$814,006.00
Project #
SHO M361-017 (27629)
Region #
R1
Agreement Writer DM
Agreement Description
W 44TH AVE PEDESTRIAL HAWK
SIGNALS
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A, Scope of Work
2. Exhibit B, Sample Option Letter
3. Exhibit C, Funding Provisions (Budget)
4. Exhibit D, Local Agency Resolution
5. Exhibit E, Local Agency Agreement Administration Checklist
6. Exhibit F, Certification for Federal-Aid Agreements
7. Exhibit G, Disadvantaged Business Enterprise
8. Exhibit H, Local Agency Procedures for Consultant Services
9. Exhibit I, Federal-Aid Agreement Provisions for Construction Agreements
10. Exhibit J, Additional Federal Requirements
11. Exhibit K, Sample Subrecipient Monitoring and Risk Assessment Form
12. Exhibit L, 2 C.F.R. Part 200
13. Exhibit M, Federal Treasury Provisions- Reserved
In the event of a conflict or inconsistency between this Agreement and any Exhibit or
attachment, such conflict or inconsistency shall be resolved by reference to the documents in
the following order of priority:
1. The provisions of the other sections of the main body of this Agreement.
2. Exhibit A, Scope of Work
3. Exhibit M, Federal Treasury Provisions-Reserved.
4. Exhibit F, Certification for Federal-Aid Contracts.
5. Exhibit G, Disadvantaged Business Enterprise.
6. Exhibit I, Federal-Aid Contract Provisions for Construction Contracts.
7. Exhibit J, Additional Federal Requirements.
OLA #: 331003881
Routing #: 26-HA1-XC-00151
LA.FED_4.30.26 Page 2 of 45
8. Exhibit K, Sample Sub-Recipient Monitoring and Risk Assessment Form.
9. Exhibit L, 2 C.F.R. Part 200.
10. Exhibit C, Funding Provisions.
11. Exhibit H, Local Agency Procedures for Consultant Services.
12. Exhibit B, Sample Option Letter.
13. Exhibit E, Local Agency Contract Administration Checklist
14. Exhibit D, Local Agency Resolution
15. Other exhibits in descending order of their attachment.
Principal Representatives
For the State:
Cristobal Abbud
CDOT R1
2829 W Howard St
Denver CO 80204
Cristobal.abbudgarcia@state.co.us
For Local Agency
Dan Klenjoski
City of Wheat Ridge
7500 W. 29th Ave
Wheat Ridge, CO 80033
dklenjoski@wheatridge.gov
OLA #: 331003881
Routing #: 26-HA1-XC-00151
LA.FED_4.30.26 Page 3 of 45
Signature Page
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Contract represents and warrants that he or she is duly authorized
to execute this Contract and to bind the Party authorizing his or her signature.
Local Agency
CITY OF WHEAT RIDGE
By: [Name & Title of Person Signing for LA]
Date:
2nd State or Local Agency Signature if
Needed
By: [Name & Title of Person Signing for LA]
State of Colorado
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By: Keith Stefanik, P.E., Chief Engineer
Date:
Legal Review
Philip J. Weiser, Attorney General
By: Assistant Attorney General
Date:
State Controller
Robert Jaros, CPA, MBA, JD
By: Colorado Department of Transportation
Effective Date:
In accordance with §24-30-202, C.R.S., this Contract is not valid until signed and dated
above by the State Controller or an authorized delegate.
OLA #: 331003881
Routing #: 26-HA1-XC-00151
LA.FED_4.30.26 Page 4 of 45
Table Of Contents
1. Parties ........................................................................................................... 5
2. Term And Agreement Effective Date ............................................................. 5
3. Authority ........................................................................................................ 5
4. Purpose ......................................................................................................... 6
5. Definitions ...................................................................................................... 6
6. Scope Of Work ............................................................................................ 10
7. Payments ..................................................................................................... 17
8. Reporting - Notification ................................................................................ 24
9. Local Agency Records ................................................................................. 25
10. Confidential Information-State Records ....................................................... 26
11. Conflicts Of Interest ..................................................................................... 28
12. Insurance ..................................................................................................... 29
13. Termination .................................................................................................. 33
14. Breach ......................................................................................................... 34
15. Remedies .................................................................................................... 34
16. Dispute Resolution ...................................................................................... 36
17. Notices And Representatives ...................................................................... 37
18. Rights In Work Product And Other Information ............................................ 37
19. General Provisions ...................................................................................... 39
20. Colorado Special Provisions (Colorado Fiscal Rule 3-3) ............................. 42
21. Federal Requirements ................................................................................. 44
22. Disadvantaged Business Enterprise (DBE) ................................................. 45
OLA #: 331003881
Routing #: 26-HA1-XC-00151
LA.FED_4.30.26 Page 5 of 45
Agreement Provisions
1. PARTIES
This Agreement is entered into by and between Local Agency named on the
Signature and Cover Page for this Agreement (Local Agency), and the STATE OF
COLORADO acting by and through the State agency named on the Signature and
Cover Page for this Agreement (the State or CDOT). Local Agency and the State
agree to the terms and conditions in this Agreement.
2. TERM AND AGREEMENT EFFECTIVE DATE
A. Agreement Effective Date
This Agreement shall not be valid or enforceable until the Agreement
Effective Date (as defined in §5), and Agreement Funds shall be expended
within the dates shown in Exhibit C for each respective phase (Phase
Performance Period(s). The State shall not be bound by any provision of
this Agreement before the Agreement Effective Date, and shall have no
obligation to pay Local Agency for any Work performed or expense incurred
before 1) the Agreement Effective Date of this original Agreement; except
as described below in §7.D of this Agreement; 2) before the Encumbering
Document for the respective phase and the official Notice to Proceed for the
respective phase; or 3) after the Final Phase Performance End Date, as
shown in Exhibit C. Additionally, the State shall have no obligation to pay
Local Agency for any Work performed or expense incurred (i) after the
Agreement Expiration Date, (ii) after the required billing deadline specified
below in §7.B.i.e.of this Agreement, (iii) or the expiration of “Special
Funding” if applicable, whichever is sooner. If any of the funding has
milestones that must be met by a certain date or an expiration date of the
funds, then the State’s obligation to pay those funds ends if milestones are
not timely met or on the expiration of those funds and no payments will be
made after that date. Otherwise, Agreement Funds will continue until the
Agreement Expiration Date. Funds with milestone deadlines and/or an
expiration date are shown on Exhibit A.
B. Initial Term and Extension
The Parties’ respective performances under this Agreement shall
commence on the Agreement Effective Date shown on the Signature and
Cover Page for this Agreement and shall terminate on the Agreement
Expiration Date as shown on the Signature and Cover Page for this
Agreement, unless sooner terminated or further extended in accordance
with the terms of this Agreement. Upon request of Local Agency, the State
may, in its sole discretion, extend the term of this Agreement by Option
Letter pursuant to §7.E.iv below. If the Work will be performed in multiple
phases, the Phase Performance Period of each phase is detailed in Exhibit
C.
3. AUTHORITY
Authority to enter into this Agreement exists in the law as follows:
A. Federal Authority
OLA #: 331003881
Routing #: 26-HA1-XC-00151
LA.FED_4.30.26 Page 6 of 45
Pursuant to Title I, Subtitle A, of the Infrastructure Investment and Jobs Act
(IIJA), and to applicable provisions of Title 23 (Highways) of the United
States Code (U.S.C.) and implementing regulations at Title 23 (Highways)
of the Code of Federal Regulations (C.F.R.), as may be amended,
(collectively referred to hereinafter as the Federal Provisions),
certain Federal funds have been and are expected to continue to be
allocated for transportation projects requested by Local Agency and eligible
under the Surface Transportation Improvement Program that has been
proposed by the State and approved by the Federal Highway
Administration (FHWA), pursuant to Title 49 U.S.C. (Transportation)
Chapter 53 (Public Transportation) and Title 23, U.S.C., as amended by the
IIJA, the Fixing America’s Surface Transportation Act (FAST), or other
Federal laws that Federal Transit Administration (FTA) administers.
B. State Authority
Pursuant to Colorado Revised Statutes (C.R.S.) §43-1-223 and applicable
portions of the Federal Provisions, the State is responsible for the general
administration and supervision of the performance of projects in the
program, including the administration of Federal funds for a program project
performed by a Local Agency under a contract with the State. This
Agreement is executed under the authority of C.R.S. §§29-1-203, 43-1-110,
43-1-116, 43-2-101(4)(c) and 43-2-104.5.
4. PURPOSE
The purpose of this Agreement is to disburse Federal and State funds if applicable
to the Local Agency pursuant to CDOT’s Stewardship Agreement with the FHWA,
and pursuant to agreement with the U.S. Department of the Treasury (USDT)
and/or FTA as shown in Exhibit C.
5. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this Agreement, including all attached Exhibits, all
documents incorporated by reference, all referenced statutes, rules and
cited authorities, and any future modifications thereto. Agreement is used
interchangeably with Contract.
B. “Agreement Effective Date” means the date on which this Agreement is
approved and signed by the Colorado State Controller or designee, as
shown on the Signature and Cover Page for this Agreement.
C. “Agreement Expiration Date” means the date on which this Agreement
expires, as shown on the Signature and Cover Page for this Agreement.
D “Agreement Funds” means the funds that have been appropriated,
designated, encumbered, or otherwise made available for payment by the
State under this Agreement.
E. “Award” means an award by a Recipient to a Subrecipient funded in whole
or in part by a Federal Award. The terms and conditions of the Federal
Award flow down to the Award unless the terms and conditions of the
Federal Award specifically indicate otherwise.
OLA #: 331003881
Routing #: 26-HA1-XC-00151
LA.FED_4.30.26 Page 7 of 45
F. “Breach of Agreement” means the failure of a Party to perform any of its
obligations in accordance with this Agreement, in whole or in part or in a
timely or satisfactory manner. The institution of proceedings under any
bankruptcy, insolvency, reorganization or similar law, by or against Local
Agency, or the appointment of a receiver or similar officer for Local Agency
or any of its property, which is not vacated or fully stayed within 30 days
after the institution of such proceeding, shall also constitute a breach. If
Local Agency or any Contractor or Consultant is debarred or suspended
under C.R.S. §24-109-105, at any time during their performance under this
Agreement, then such debarment or suspension shall constitute a breach.
G. “Budget” means the budget for the Work described in Exhibit C.
H. “Business Day” means any day in which the State is open and conducting
business, but shall not include Saturday, Sunday, or any day on which the
State observes one of the holidays listed in C.R.S.§24-11-101(1).
I. “Consultant” means a professional engineer or designer hired by Local
Agency to design the Work Product.
J. “Contract” means this Agreement, including all attached Exhibits, all
documents incorporated by reference, all referenced statutes, rules and
cited authorities, and any future modifications thereto. Contract and
Agreement are used interchangeably.
K. “Contractor” means the general construction contractor hired by Local
Agency to construct the Work.
L. “CORA” means the Colorado Open Records Act, C.R.S. §§24-72-200.1 et
seq.
M. “Encumbering Document” means a document that authorizes a formal
obligation of funds, typically done through an “Option Letter” as set forth in
§7.E.
N. “Evaluation” means the process of examining Local Agency’s Work and
rating it based on criteria established in §6, Exhibit A and Exhibit E.
O. “Exhibits” means the following exhibits attached to this Agreement:
i. Exhibit A, Scope of Work.
ii. Exhibit B, Sample Option Letter.
iii. Exhibit C, Funding Provisions
iv. Exhibit D, Local Agency Resolution
v. Exhibit E, Local Agency Contract Administration Checklist
vi. Exhibit F, Certification for Federal-Aid Contracts
vii. Exhibit G, Disadvantaged Business Enterprise
viii. Exhibit H, Local Agency Procedures for Consultant Services
ix. Exhibit I, Federal-Aid Contract Provisions for Construction Contracts
x. Exhibit J, Additional Federal Requirements
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xi. Exhibit L, Sample Sub-Recipient Monitoring and Risk Assessment
Form
xii. Exhibit M, 2 C.F.R. Part 200
xiii. Exhibit N, Federal Treasury Provisions (Reserved)
P. “Federal Award” means an award of Federal financial assistance or a cost-
reimbursement contract by a Federal Awarding Agency to a Recipient. It
also means an agreement setting forth the terms and conditions of the
Federal Award. The term does not include payments to a contractor or
payments to an individual that is a beneficiary of a Federal program.
Q. “Federal Awarding Agency” means a Federal agency providing a Federal
Award to a Recipient.
R. “FHWA” means the Federal Highway Administration, which is one of the 10
Operating Administrations under the Office of the Secretary of
Transportation at the U.S. Department of Transportation. FHWA provides
stewardship over the construction, maintenance and preservation of the
Nation’s highways and tunnels. FHWA is the Federal Awarding Agency for
the Federal Award which may be the subject of this Agreement.
S. “Force Account Construction” means a method of payment where the
Local Agency is reimbursed for the actual costs of labor, materials, and
equipment, plus a predetermined percentage for overhead and profit.
T. “FTA” means Federal Transit Administration.
U. “Goods” means any movable material acquired, produced, or delivered by
Local Agency as set forth in this Agreement and shall include any movable
material acquired, produced, or delivered by Local Agency in connection
with the Services.
V. “Incident” means any accidental or deliberate event that results in or
constitutes an imminent threat of the unauthorized access or disclosure of
State Confidential Information or of the unauthorized modification,
disruption, or destruction of any State Records.
W. “Initial Term” means the time period defined in §2.B.
X. “Local Agency Manual" means a manual to assist Local Agency personnel
involved in the design, construction and management of State and Federally
funded projects. It is available on CDOT’s website or can be provided to
Local Agency upon request.
Y. “Local Funds” means the funds provided by the Local Agency as their
obligated contribution to the Federal and/or State Awards to receive the
Federal and/or State funding.
Z. “Notice to Proceed” means the letter issued by the State to the Local
Agency stating the date the Local Agency can begin Work subject to the
conditions of this Agreement.
AA. “OMB” means the Executive Office of the President, Office of Management
and Budget.
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BB. “Oversight” means the term as it is defined in the Stewardship Agreement
between CDOT and the FHWA.
CC. “Party” means the State or Local Agency, and “Parties” means both the
State and Local Agency.
DD. “PII” means personally identifiable information including, without limitation,
any information maintained by the State about an individual that can be
used to distinguish or trace an individual‘s identity, such as name, social
security number, date and place of birth, mother‘s maiden name, or
biometric records; and any other information that is linked or linkable to an
individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as
personally identifiable information in C.R.S. §24-72-501 “PII” shall also
mean “personal identifying information” as set forth at C.R.S. § 24-74-102,
et seq.
EE. “Recipient” means the Colorado Department of Transportation (CDOT).
FF. “Services” means the services to be performed by Local Agency as set
forth in this Agreement and shall include any services to be rendered by
Local Agency in connection with the Goods and shall include any
maintenance.
GG. “Special Funding” means an award by Federal agency or the State which
may include but is not limited to one (1) or a combination of Congressional
Earmark, Multimodal Transportation & Mitigation Options Funding,
Revitalizing Main Streets, Safer Main Streets and/or any other applicable
funds.
HH. “State Confidential Information” shall include, but is not limited to, PII and
State personnel records not subject to disclosure under CORA. State
Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the
State, which has been communicated, furnished, or disclosed by the State
to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is
already known to Contractor without restrictions at the time of its disclosure
to Contractor; (iii) is or subsequently becomes publicly available without
breach of any obligation owed by Contractor to the State; (iv) is disclosed
to Contractor, without confidentiality obligations, by a third party who has
the right to disclose such information; or (v) was independently developed
without reliance on any State Confidential Information.
II. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado
State Controller pursuant to C.R.S. §24-30-202(13)(a).
JJ. “State Fiscal Year” means a 12-month period beginning on July 1 of each
calendar year and ending on June 30 of the following calendar year. If a
single calendar year follows the term, then it means the State Fiscal Year
ending in that calendar year.
JJ. “State Records” means all State data, information, and records, regardless
of physical form, including, but not limited to, information subject to
disclosure under CORA.
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KK. “Sub-Award” means this Award by the State to Local Agency funded in
whole or in part by a Federal Award and/or State funds. The terms and
conditions of the Federal Award and/or the State funds flow down to this
Sub-Award unless the terms and conditions of the Federal Award and/or
State funds specifically indicate otherwise.
LL. “Subcontractor” means third parties, if any, engaged by Local Agency to
aid in performance of the Work.
MM. “Subrecipient” means a non-Federal entity that receives a sub-award from
a Recipient to carry out part of a Federal program but does not include an
individual that is a beneficiary of such program. A Subrecipient may also
be a recipient of other Federal Awards directly from a Federal Awarding
Agency. For purposes of this Agreement, Local Agency is a subrecipient.
NN. “Uniform Guidance” means Title 2 (Federal Financial Assistance) C.F.R
Chapter 200 (Uniform Administration Requirements, Cost Principles, and
Audit Requirements for Federal Awards) in its entirety.
OO. “USDT” means the United States Department of the Treasury which is the
national treasury and finance department of the Federal government of the
United States where it serves as an executive department and is the
Federal Awarding Agency for the Federal Award which may be the subject
of this Agreement.
PP. “Work” means the delivery of the Goods and performance of the Services
in compliance with CDOT’s Local Agency Manual described in this
Agreement.
QQ. “Work Product” means the tangible and intangible results of the Work,
whether finished or unfinished, including drafts. Work Product includes,
but is not limited to, documents, text, software (including source code),
research, reports, proposals, specifications, plans, notes, studies, data,
images, photographs, negatives, pictures, drawings, designs, models,
surveys, maps, materials, ideas, concepts, know-how, and any other
results of the Work. “Work Product” does not include any material that was
developed prior to the Agreement Effective Date that is used, without
modification, in the performance of the Work.
Any other term used in this Agreement that is defined in an Exhibit shall be
construed and interpreted as defined in that Exhibit.
6. SCOPE OF WORK
Local Agency shall complete the Work as described in and in accordance with the
provisions of this Agreement, the provisions of Exhibit A, and the Local Agency
Manual. The State shall have no liability to compensate Local Agency for the
delivery of any Goods or the performance of any Services that are not specifically
set forth in this Agreement. Work may be divided into multiple phases that have
separate periods of performance. The State may not compensate for Work that
Local Agency performs outside of its designated Phase Performance Period. The
Phase Performance Periods, including, but not limited to Design, Construction,
Miscellaneous, Right of Way, Utilities, and/or Environment phases, are identified
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in Exhibit C. The State may unilaterally modify Exhibit C from time to time, at its
sole discretion, as listed in §7.E of this Agreement.
A. Local Agency Commitments
i. Design
If the Work includes preliminary design, final design, design work
sheets, or special provisions and estimates (collectively referred to
as the “Plans”), Local Agency shall ensure that Local Agency it and
its Contractors and Subcontractors comply with and are responsible
for satisfying the following requirements:
a. Perform or provide the Plans to the State.
b. Prepare final design in accordance with the requirements of
the latest edition of the American Association of State
Highway Transportation Officials (AASHTO) manual or other
standard, such as the Uniform Building Code, as approved by
the State.
c. Prepare provisions and estimates in accordance with the most
current version of the State’s Roadway and Bridge Design
Manuals and Standard Specifications for Road and Bridge
Construction or Local Agency specifications if approved by
the State.
d. Include details of any required detours in the Plans to prevent
any interference of the construction Work and to protect the
travelling public.
e. Stamp the Plans as produced by a Colorado registered
professional engineer.
f. Provide final assembly of Plans and all other necessary
documents to the State pursuant to §17.
g. Ensure the Plans are accurate and complete.
h. The Plans shall be considered final when approved in writing
by CDOT, and when final, the Plans will be deemed
incorporated herein. Local Agency shall make no further
changes in the Plans following the award of the construction
contract to Contractor unless expressly agreed to in writing by
the Parties.
ii. Local Agency Work
a. Local Agency shall comply with the requirements of the
Americans with Disabilities Act (ADA) 42 U.S.C. § 12101, et
seq., and applicable Federal regulations and standards as
contained in the procedural directive “ADA Accessibility
Requirements in CDOT Transportation Projects”.
b. Local Agency shall afford the State ample opportunity to
review the Plans and shall make any changes in the Plans
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that are directed by the State to comply with FHWA
requirements.
c. Local Agency may enter into a contract with a Consultant to
perform all or any portion of the Plans and/or construction
administration. Provided, however, if Federal-aid funds are
involved in the cost of such Work to be done by such
Consultant, such Consultant contract (and the performance
provision of the Plans under the contract) must comply with
all applicable requirements of 23 C.F.R. Part 172 and with any
procedures implementing those requirements as provided by
the State, including those in Exhibit H. If Local Agency enters
into a contract with a Consultant for the Work Local Agency
must strictly comply with all the following requirements:
1. Local Agency Local Agency shall submit a certification
that procurement of any Consultant contract complies
with the requirements of 23 C.F.R. 172.5 prior to
entering such Consultant contract, subject to the
State’s approval. If not approved by the State, Local
Agency shall not enter such Consultant contract.
2. Local Agency shall ensure that all changes in the
Consultant contract have prior approval by the State
and FHWA and that they are in writing. Immediately
after the Consultant contract has been awarded, one
copy of the executed Consultant contract and any
amendments shall be submitted to the State.
3. Local Agency shall require that all bills under the
Consultant contract comply with the State’s
standardized billing format.
4. Local Agency (and any Consultant) shall comply with
23 C.F.R.172.5(b) and (d) and use the CDOT
procedures described in Exhibit H to administer the
Consultant contract.
5. Local Agency may request to expedite any CDOT
approval of its procurement process and/or Consultant
contract by submitting a letter to CDOT from Local
Agency’s attorney/authorized representative certifying
compliance with Exhibit H and 23 C.F.R. 172.5(b) and
(d).
iii. Construction
If the Work includes construction, Local Agency shall perform the
construction in accordance with the approved design Plans and/or
administer the construction in accordance with Exhibit E. Such
administration shall include, but is not necessarily limited to, Work
inspection and testing; approving sources of materials; performing
required plant and shop inspections; documentation of contract
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payments, testing and inspection activities; preparing and approving
pay estimates; preparing, approving and securing the funding for
contract modification orders and minor contract revisions; processing
construction Contractor claims; construction supervision; and
meeting the quality control requirements of the FHWA/CDOT
Stewardship Agreement, as described in Exhibit E.
a. The State may, after providing written notice of the reason for
the suspension to Local Agency, suspend the Work, in whole
or in part, due to the failure of Local Agency or its Contractor
to correct conditions which are unsafe for workers or for such
periods as the State may deem necessary due to unsuitable
weather, or for conditions considered unsuitable for the
prosecution of the Work, or for any other condition or reason
deemed by the State to be in the public interest.
1. If the CDOT Engineer suspends the Work the
suspension will be lifted when the conditions that led
to the suspension are corrected. This requires the
Local Agency or its Contractor to submit a plan for
corrective measures to ensure the Work progresses
safely and satisfactorily in the future. The CDOT
Engineer will issue a notice to resume Work.
b. Local Agency shall be responsible for the following:
1. Appointing a qualified professional engineer, licensed
in the State of Colorado, as Local Agency Project
Engineer (LAPE), to perform engineering
administration. The LAPE shall administer the Work in
accordance with this Agreement, the requirements of
the construction contract and applicable State
procedures, as defined in the CDOT Local Agency
Manual.
2. For the construction Services, advertising the call for
bids, following its approval by the State, and awarding
the construction contract(s) to the lowest responsible
bidder(s).
a. All Local Agency’s advertising and bid awards
pursuant to this Agreement shall comply with
applicable requirements of 23 U.S.C. §112 and
23 C.F.R. Parts 633 and 635 and C.R.S. § § 24-
92-101 et seq. Those requirements include,
without limitation, that Local Agency and its
Contractor(s) incorporate Form 1273 (Exhibit I)
in its entirety, verbatim, into any subcontract(s)
for Services as terms and conditions thereof, as
required by 23 C.F.R. 633.102(e).
b. Local Agency may accept or reject the proposal
of the apparent low bidder for Work on which
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competitive bids have been received. Local
Agency must accept or reject such bids within
three (3) working days after they are publicly
opened.
c. If Local Agency accepts bids and makes awards
that exceed the amount of available Agreement
Funds, Local Agency shall provide the
additional funds necessary to complete the
Work or not award such bids.
d. The requirements of §6.A.iii.b.2 also apply to
any advertising and bid awards made by the
State.
e. The State (and in some cases FHWA) must
approve in advance all Force Account
Construction, and Local Agency shall not initiate
any such Services until the State issues a
written Notice to Proceed to Local Agency.
iv. Right of Way (ROW) and Acquisition/Relocation
a. If Local Agency purchases a ROW for a State highway the
Local Agency shall convey the ROW to CDOT promptly
upon the completion of the project/construction.
b. Any acquisition/relocation activities shall comply with all
applicable Federal and State statutes and regulations,
including but not limited to, the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as
amended, 49 C.F.R. Part 24 (Uniform Relocation Assistance
and Real Property Acquisition Policies for Federal and
Federally Assisted Programs), as amended , CDOT’s Right of
Way Manual, and CDOT’s applicable Policy and Procedural
Directives.
c. The Parties’ respective responsibilities for ensuring
compliance with acquisition, relocation and incidentals
depend on the level of Federal participation as detailed in
CDOT’s Right of Way Manual, which is available at CDOT’s
website or can be provided to Local Agency upon request;
however, the State always retains certain oversight
responsibilities.
d. The Parties’ respective responsibilities at each level of
Federal participation in CDOT’s Right of Way Manual, and
the State’s reimbursement of Local Agency costs will be
determined pursuant the following categories:
1. Right of way acquisition (3111) for Federal
participation and non-participation;
2. Relocation activities, if applicable (3109); and
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3. Right of way incidentals, if applicable (expenses
incidental to acquisition/relocation of right of way
3114).
e. If Exhibit C indicates that funds are allocated to ROW, such
funds shall be transferred to CDOT’s ROW division for
payment to Local Agency and processing as follows:
1. Local Agency shall use the appropriate Memorandum
of Agreement (MOA) for Local Agency Acquisition or
MOA for Temporary Easement/Local Agency
Acquisition forms for ROW acquisition (or such
agreements as amended);
2. Within 30 days or more prior to closure of the project
by CDOT, Local Agency shall submit to CDOT the
following (ROW Payment Packet):
a. Certificate of Cost of Right of Way Form
(executed by Local Agency);
b. CDOT Local Agency Reimbursement Request
Form (executed by Local Agency);
c. Fair Market Value (FMV) or Waiver Valuation
for each ROW acquisition;
d. Recommendation for Settlement, if applicable;
e. Copy of check or other proof of payment for
ROW;
f. Signed MOAs between Local Agency and land
owners;
g. Recorded Deeds and/or MOAs;
h. Parcel Negotiation Record and Agent’s
Certificate; and
i. Copies of FMV Offer Letters.
All forms are available on CDOT’s website at:
codot.gov/business/manuals/right-of-way-manual or can be
provided to Local Agency upon request.
3. If CDOT’s ROW Manager accepts the ROW Payment
Packet, the ROW Manager shall countersign the
CDOT Local Agency Reimbursement Request Form
and Certificate of Cost of Right of Way Form;
4. CDOT ROW shall perform a successful TIN match for
issuance of the warrant; and
5. CDOT ROW shall submit a Warrant Request to the
CDOT Controller Delegate for approval of payment to
Local Agency. The CDOT Controller Delegate shall
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execute the Warrant Request prior to issuance of
payment to Local Agency for ROW.
v. Utilities
If necessary, Local Agency shall be responsible for obtaining all
proper clearance(s) and/or approval(s) from any utility company that
may become involved in the Work. Prior to the Work being advertised
for bids, Local Agency shall certify in writing to the State that all such
clearances and/or approvals have been obtained.
vi. Railroads
If the Work involves modification of a railroad company’s facilities
and such modification will be accomplished by the railroad company,
Local Agency shall make timely application to the Public Utilities
Commission (PUC) requesting the PUC’s order providing for the
installation of the proposed improvements. Local Agency shall not
proceed with that part of the Work before obtaining the PUC’s order.
Local Agency shall also establish contact with the railroad company
involved for the purpose of complying with applicable provisions of
23 C.F.R. 646, subpart B, concerning Federal-aid projects involving
railroad facilities, and:
a. Execute an agreement with the railroad company setting out
what work is to be accomplished and the location(s) thereof,
and which costs shall be eligible for Federal participation.
b. Obtain the railroad’s detailed estimate of the cost of the
Work.
c. Establish future maintenance responsibilities for the
proposed installation.
d. Proscribe in the agreement the future use or dispositions of
the proposed improvements in the event of abandonment or
elimination of a grade crossing.
e. Establish future repair and/or replacement responsibilities,
as between the railroad company and the Local Agency, in
the event of accidental destruction or damage to the
installation.
vii. Environmental Obligations
Local Agency shall perform all Work in accordance with the
requirements of current applicable Federal and State environmental
regulations, including but not limited to the National Environmental
Policy Act of 1969 (NEPA) as applicable.
viii. Maintenance Obligations
Local Agency shall maintain and operate the Work constructed under
this Agreement at its own cost and expense during the Work’s useful
life, in a manner satisfactory to the State and FHWA. If the Work is
on a State Highway, Local Agency is responsible for all maintenance
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in accordance with the Division of Authority pursuant to C.R.S. §43-
2-135. Additionally, a separate Maintenance & Operations
Agreement may be entered into by the Parties. Local Agency shall
make proper provisions for such maintenance obligations each year.
Local Agency shall conduct such maintenance and operations in
accordance with all applicable statutes, ordinances, and regulations
pertaining to maintaining such improvements. The State and FHWA
may make periodic inspections to verify that such Work is being
adequately maintained.
ix. Monitoring Obligations
Local Agency shall respond in a timely manner to and participate
fully in the monitoring activities described in §7.F.vi.
B. State’s Commitments
i. The State will perform a final project inspection of the Work as a
quality control/assurance activity. When all Work has been
satisfactorily completed, the State will sign the FHWA Form 1212.
ii. Notwithstanding any consents or approvals given by the State for the
Plans, the State shall not be liable or responsible in any manner for
the design, details or construction of any Work constituting major
structures designed by, or that are the responsibility of, Local
Agency, as identified in Exhibit E.
7. PAYMENTS
A. Maximum Amount
Payments to Local Agency are limited to the unpaid, obligated balance
subject to fund(s) availability of the Agreement Funds set forth in Exhibit
C. The State shall not pay Local Agency any amount under this
Agreement that exceeds the Agreement Maximum set forth in Exhibit C.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Local Agency in the amounts and in
accordance with conditions set forth in Exhibit C.
b. Local Agency shall initiate payment requests by invoice to
the State, in a form and manner approved by the State.
c. The State shall pay each invoice within 45 days following the
State’s receipt of that invoice, so long as the amount invoiced
correctly represents Work completed by Local Agency and
previously accepted by the State during the term that the
invoice covers. If the State determines that the amount of
any invoice is not correct, then Local Agency shall make all
changes necessary to correct that invoice. After a Local
Agency provides the State with a corrected and accepted
invoice, the State shall pay such corrected and accepted
invoice within 45 days.
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d. The acceptance of an invoice shall not constitute acceptance
of any Work performed or deliverables provided under the
Agreement.
e. If a project is funded in part with Federal and/or State Special
Funding there may be an expiration date for the funds. The
expiration date applies to Federal and/or State funds and
local funds used to match these funds as shown on Exhibit
A. To receive payment or credit for the match, Work (i) must
be completed or substantially completed, as outlined in the
terms of the grant, prior to the expiration date of the Special
Funding and (ii) invoiced in compliance with all the rules and
requirements outlined in the award applicable to of the
funding. The acceptance of an invoice shall not constitute
acceptance of any Work performed or deliverables
provided under the Agreement.
ii. Interest
Amounts not paid by the State within 45 days after the State’s
acceptance of the invoice shall bear interest on the unpaid balance
beginning on the 46th day at the rate of 1% per month, as required
by C.R.S. §24-30-202(24)(a), until paid in full; provided, however,
that interest shall not accrue on unpaid amounts that the State
disputes in writing. Local Agency shall invoice the State separately
for accrued interest on delinquent amounts, and the invoice shall
reference the delinquent payment, the number of days interest to be
paid and the interest rate.
iii. Payment Disputes
If Local Agency disputes any calculation, determination, or amount
of any payment, Local Agency shall notify the State in writing of its
dispute within 30 days following the earlier occurrence of Local
Agency’s receipt of the payment or notification of the determination
or calculation of the payment by the State. The State will review the
information presented by Local Agency and may make changes to
the State’s determination based on this review. The calculation,
determination, or payment amount that results from the State’s
review shall not be subject to additional dispute under this
subsection. No payment subject to a dispute under this subsection
shall be due until after the State has concluded its review, and the
State shall not pay any interest on any amount during the period it is
subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
a. The Parties are prohibited by law from making commitments
beyond the term of the current State Fiscal Year. In addition
to all other payment conditions and/or limitations included
within this Agreement and/or applicable law, any potential
Payment to Local Agency beyond the current State Fiscal
Year or fiscal year is expressly contingent on the
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appropriation and continuing availability of Agreement Funds
in any subsequent State Fiscal Year or fiscal year (as
provided in the Colorado Special Provisions). Payments to be
made pursuant to this Agreement shall be made only from
Agreement Funds, and the State’s liability for such payments
shall be limited to the amount remaining of such Agreement
Funds. If State, Federal, or other funds are not appropriated,
or otherwise become unavailable to fund this Agreement, the
Parties may, upon written notice, terminate this Agreement, in
whole or in part, without incurring further liability. The Parties
shall, however, remain obligated to pay for Services, Goods,
and the Work that are delivered and accepted prior to the
effective date of notice of termination, and termination
pursuant to this §7.b.iv.a shall otherwise be treated as if this
Agreement were terminated in the public interest as described
in §13.A.
v. Erroneous Payments
The State may recover, at the State’s sole discretion, payments
made to Local Agency in error for any reason, including, but not
limited to, overpayments or improper payments, and unexpended or
excess funds received by Local Agency. The State may recover such
payments by deduction from subsequent payments under this
Agreement, deduction from any payment due under any other
contracts, grants, or agreements between the State and Local
Agency, or by any other appropriate method for collecting debts
owed to the State. The close out of a Federal Award does not affect
the right of FHWA or the State to disallow costs and recover funds
based on a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period (as
defined below in §9.A.).
vi. Federal Recovery
The close out of a Federal Award does not affect the right of the
Federal Awarding Agency or the State to disallow costs and recover
funds based on a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period, as
defined below.
C. Local Agency Funds
Local Agency shall provide its obligated contribution funds as outlined in
§7.A. and Exhibit C. Local Agency shall have raised and/or allocated the
full amount of its funds prior to the Agreement Effective Date and shall
report to the State regarding the status of such funds upon request. Local
Agency’s obligation to pay all or any part of any matching funds, whether
direct or contingent, only extend to funds duly and lawfully appropriated for
the purposes of this Agreement by the authorized representatives of Local
Agency and paid into Local Agency’s treasury. Local Agency represents to
the State that the amount designated “Local Agency Funds” in Exhibit C
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has been legally appropriated for the purpose of this Agreement by its
authorized representatives and paid into its treasury. Local Agency may
evidence such obligation by an appropriate ordinance/resolution or other
authority letter expressly authorizing Local Agency to enter into this
Agreement and to expend its match share of the Work. A copy of any
ordinance/resolution or authority letter is attached hereto as Exhibit D if
applicable. Local Agency does not by this Agreement irrevocably pledge
present cash reserves for payments in future fiscal years, and this
Agreement is not intended to create a multiple-fiscal year debt of Local
Agency. Local Agency shall not pay or be liable for any claimed interest,
late charges, fees, taxes, or penalties of any nature, except as required by
Local Agency’s laws or policies.
D. Reimbursement of Local Agency Costs
The State shall reimburse Local Agency’s allowable costs, not exceeding
the Agreement Maximum amount set forth in Exhibit C, subject to fund(s)
availability, described in §7. However, any costs incurred by Local Agency
prior to the Agreement Effective Date shall not be reimbursed absent
specific allowance of pre-award costs and indication that the Federal Award
funding is retroactive. The State shall pay Local Agency for costs or
expenses incurred or performance by the Local Agency prior to the
Agreement Effective Date, only if (1) the Agreement Funds involve Federal
funding and (2) Federal laws, rules, and regulations applicable to the Work
provide for such retroactive payments to the Local Agency. Any such
retroactive payments shall comply with State Fiscal Rules and be made in
accordance with the provisions of this Agreement. The applicable principles
described in 2 C.F.R. Part 200 shall govern the State’s obligation to
reimburse all costs incurred by Local Agency and submitted to the State for
reimbursement hereunder, and Local Agency shall comply with all such
principles. The State shall reimburse Local Agency for the Federal-aid share
of properly documented costs related to the Work after review and approval
thereof, subject to the provisions of this Agreement and Exhibit C. If this
Agreement involves State Funds, the State does not by this Agreement
irrevocably pledge present cash reserves for payments in future fiscal
years, and this Agreement is not intended to create a multiple-fiscal year
debt of the State. State shall not pay or be liable for any claimed interest,
late charges, fees, taxes, or penalties of any nature, except as required by
State laws or policies. Local Agency costs for Work performed prior to the
Agreement Effective Date shall not be reimbursed absent specific
allowance of pre-award costs and indication that the Federal Award funding
is retroactive. Local Agency costs for Work performed after any
Performance Period End Date for a respective phase of the Work is not
reimbursable. Allowable costs shall be limited to the following:
i. Reasonable and necessary to accomplish the Work and for the
Goods and Services provided; and
ii. Actual net cost to Local Agency (i.e. the price paid minus any items
of value received by Local Agency that reduces the cost actually
incurred).
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E. Unilateral Modification of Agreement Funds Budget or Agreement/ Phase
Term by State Option Letter
The State may, at its sole discretion, issue an “Option Letter” to Local
Agency to add or modify Work phases in the Work schedule in Exhibit C if
such modifications do not increase total budgeted Agreement Funds. Such
Option Letters shall amend and update Exhibit C. Option Letters shall not
be deemed valid until signed by the State Controller or an authorized
delegate. This Option Letter is NOT a Notice to Proceed. Modification of
Exhibit C by unilateral Option Letter is permitted only in the specific
scenarios listed below in §7.E.i, ii, iii, and iv. The State will exercise such
options by providing Local Agency a fully executed Option Letter, in a form
substantially equivalent to Exhibit B. Such fully executed Option Letters will
be automatically incorporated into this Agreement.
i. Option to Begin a Phase and/or Increase or Decrease the
Encumbrance Amount
The State may require by Option Letter that Local Agency begin a
new Work phase that may include Design, Construction,
Environmental, Utilities, ROW Incidentals and/or Miscellaneous
Work (but may not include Right of Way Acquisition/Relocation or
Railroads) as detailed in Exhibit A. Such Option Letters may only
modify the other terms and conditions specifically enumerated in
§7.E.i, ii, iii, and/or iv as long as the Agreement Maximum Amount
remains the same. The State may also change the funding sources
if the amount budgeted remains the same and the Local Agency
contribution does not increase. The State may also issue an Option
Letter to increase and/or decrease the total encumbrance amount of
one (1) or more existing Work phases, Right of Way
Acquisition/Relocation, or Railroads, as long as the total amount of
budgeted Agreement Funds remains the same. This must be done
within 120 days of changing the encumbrance amount.
ii. Option to Transfer Funds from One Phase to Another Phase.
The State may require or permit Local Agency to transfer Agreement
Funds from one (1) Work phase (Design, Construction,
Environmental, Utilities, ROW Incidentals or Miscellaneous) to
another phase. The Agreement Funds transferred from one (1) Work
phase to another are subject to the same terms and conditions stated
in the original Agreement with the total budgeted Agreement Funds
remaining the same. The State may unilaterally exercise this option
by providing a fully executed Option Letter to Local Agency, in a form
substantially equivalent to Exhibit B with an amended Exhibit C.
iii. Option to Exercise Options i and ii.
The State may require Local Agency to add a Work phase as detailed
in Exhibit A and encumber and transfer Agreement Funds from one
(1) Work phase to another. The addition of a Work phase and
encumbrance and transfer of Agreement Funds are subject to the
same terms and conditions stated in the original Agreement with the
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total budgeted Agreement Funds remaining the same. The State
may unilaterally exercise this option by providing a fully executed
Option Letter to Local Agency before the initial targeted start date of
the Work phase, in a form substantially equivalent to Exhibit B with
an amended Exhibit C.
iv. Option to Extend Agreement/Phase Term. The State, at its sole
discretion, shall have the option to extend the term of this Agreement
and/or update a Work Phase Performance Period, as outlined in
Exhibit C. To exercise this option, the State shall provide written
notice to the Local Agency in a form substantially equivalent to
Exhibit B with an amended Exhibit C.
F. Accounting
Local Agency shall establish and maintain accounting systems in
accordance with generally accepted accounting standards (a separate set
of accounts, or as a separate and integral part of its current accounting
scheme). Such accounting systems shall, at a minimum, provide as follows:
i. Local Agency Performing the Work
If Local Agency is performing the Work, Local Agency shall
document all allowable costs, including any approved Services
contributed by Local Agency or subcontractors, using payrolls, time
records, invoices, contracts, vouchers, and other applicable records.
ii. Local Agency-Checks or Draws
Checks issued or draws made by Local Agency shall be made or
drawn against properly signed vouchers detailing the purpose
thereof. Local Agency shall keep on file all checks, payrolls, invoices,
contracts, vouchers, orders, and other accounting documents in the
office of Local Agency, clearly identified, readily accessible, to the
extent feasible, separate, and apart from all other Work documents.
iii. State-Administrative Services
The State may perform any necessary administrative support
services required hereunder. Local Agency shall reimburse the State
for the costs of any such services from the budgeted Agreement
Funds as provided for in Exhibit C. If FHWA Agreement Funds are
or become unavailable, or if Local Agency terminates this Agreement
prior to the Work being approved by the State or otherwise
completed, then all actual incurred costs of such services and
assistance provided by the State shall be reimbursed to the State by
Local Agency at its sole expense.
iv. Local Agency-Invoices
Local Agency’s invoices shall describe in detail the reimbursable
costs incurred by Local Agency for which it seeks reimbursement,
the dates such costs were incurred and the amounts thereof, and
Local Agency shall not submit more than one invoice per month.
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v. Invoicing Within 60 Days
The State shall not be liable to reimburse Local Agency for any costs
invoiced more than 60 days after the date on which the costs were
incurred, including costs included in Local Agency’s final invoice. The
State may withhold final payment to Local Agency at the State’s sole
discretion until completion of final audit by the State. Any costs
incurred by Local Agency that are not allowable under 2 C.F.R. Part
200 shall be Local Agency’s responsibility, and the State will deduct
such disallowed costs from any payments due to Local Agency. The
State will not reimburse costs for Work performed after the
Performance Period End Date for a respective Work phase. The
State will not reimburse costs for Work performed prior to
Performance Period End Date, but for which an invoice is received
more than 60 days after the Performance Period End Date.
vi. Risk Assessment & Monitoring
Pursuant to 2 C.F.R. 200.331(b), CDOT will evaluate Local Agency’s
risk of noncompliance with Federal statutes, regulations, and terms
and conditions of this Agreement. Local Agency shall complete a
Risk Assessment Form (Exhibit K) when that may be requested by
CDOT. The risk assessment is a quantitative and/or qualitative
determination of the potential for Local Agency’s non-compliance
with the requirements of the Federal Award. The risk assessment will
evaluate some or all the following factors:
a. Experience: Factors associated with the experience and
history of the Subrecipient with the same or similar Federal
Awards or grants.
b. Monitoring/Audit: Factors associated with the results of the
Subrecipient’s previous audits or monitoring visits, including
those performed by the Federal Awarding Agency, when the
Subrecipient also receives direct Federal funding. Include
audit results if Subrecipient receives single audit, where the
specific award being assessed was selected as a major
program.
c. Operation: Factors associated with the significant aspects of
the Subrecipient’s operations, in which failure could impact
the Subrecipient’s ability to perform and account for the
contracted goods or services.
d. Financial: Factors associated with the Subrecipient’s financial
stability and ability to comply with financial requirements of the
Federal Award.
e. Internal Controls: Factors associated with safeguarding
assets and resources, deterring and detecting errors, fraud
and theft, ensuring accuracy and completeness of accounting
data, producing reliable and timely financial and management
information, and ensuring adherence to its policies and plans.
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f. Impact: Factors associated with the potential impact of a
Subrecipient’s non-compliance to the overall success of the
program objectives.
g. Program Management: Factors associated with processes to
manage critical personnel, approved written procedures, and
knowledge of rules and regulations regarding Federal-aid
projects.
Following Local Agency’s completion of the Risk Assessment Tool
(Exhibit K), CDOT will determine the level of monitoring it will apply
to Local Agency’s performance of the Work. This risk assessment
may be re-evaluated after CDOT begins performing monitoring
activities.
G. Close Out
Local Agency shall close out this Award within 90 days after the Final Phase
Performance End Date or sooner termination of this Agreement. Close out
requires Local Agency’s submission to the State of all deliverables defined
in this Agreement, and Local Agency’s final reimbursement request or
invoice. The State will withhold 5% of allowable costs until all final
documentation has been submitted and accepted by the State as
substantially complete. Once final documentation has been received by the
State and payment has been made, any remaining funds can be liquidated
from the project. If FHWA, USDT or FTA has not closed this Federal Award
within one (1) year and 90 days after the Final Phase Performance End
Date due to Local Agency’s failure to submit required documentation, then
Local Agency may be prohibited from applying for new Federal or State
Awards through the State until such documentation is submitted and
accepted. Additionally, the Local Agency will not be able to access any
funds on any new or existing projects until such documentation is submitted
and accepted.
8. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to any exhibit, for any contract
having a term longer than three (3) months, Local Agency shall submit, on
a quarterly basis, a written report specifying progress made for each
specified performance measure and standard in this Agreement. Such
progress report shall be in accordance with the procedures developed and
prescribed by the State. Progress reports shall be submitted to the State
not later than 10 Business Days following the end of each calendar quarter
or at such time as otherwise specified by the State.
B. Litigation Reporting
If Local Agency is served with a pleading or other document in connection
with an action before a court or other administrative decision making body,
and such pleading or document relates to this Agreement or may affect
Local Agency’s ability to perform its obligations under this Agreement, Local
Agency shall, within 10 days after being served or other receipt of such
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pleading or other document, notify the State of such action and deliver
copies of such pleading or document to the State’s principal representative
identified on the Cover Page as noted in §17.
C. Performance and Final Status
Local Agency shall submit all financial, performance and other reports to
the State no later than 60 calendar days after the Final Phase Performance
End Date or sooner termination of this Agreement, containing an Evaluation
of Subrecipient’s performance and the final status of Subrecipient’s
obligations hereunder.
D. Violations Reporting
Local Agency must disclose, in a timely manner, in writing to the State and
FHWA, all violations of Federal or State criminal law involving fraud, bribery,
or gratuity violations potentially affecting the Federal Award. Penalties for
noncompliance may include suspension or debarment (2 C.F.R. Part 180
OMB Guidelines to Agencies on Government-Wide Debarment and
Suspension).
E. Federal Funding Accountability and Transparency Act (FFATA) Reporting
Local Agency shall submit Executive Compensation Information according
to 2 CFR Part 170, Appendix A as may be amended from time to time.
9. LOCAL AGENCY RECORDS
A. Maintenance
Local Agency shall make, keep, maintain, and allow inspection and
monitoring by the State of a complete file of all records, documents,
communications, notes and other written materials, electronic media files,
and communications, pertaining in any manner to the Work or the delivery
of Services (including, but not limited to the operation of programs) or
Goods hereunder. Local Agency shall maintain such records for a period
(Record Retention Period) pursuant to the requirements of the funding
source and for a minimum of three (3) years following the date of
submission to the State of the final expenditure report, whichever is longer,
or if this Award is renewed quarterly or annually, from the date of the
submission of each quarterly or annual report, respectively. If any litigation,
claim, or audit related to this Award starts before expiration of the Record
Retention Period, the Record Retention Period shall extend until all
litigation, claims, or audit findings have been resolved and final action taken
by the State or Federal Awarding Agency. The Federal Awarding Agency,
a cognizant agency for audit, oversight or indirect costs, and the State, may
notify Local Agency in writing that the Record Retention Period shall be
extended. For records for real property and equipment, the Record
Retention Period shall extend three (3) years following final disposition of
such property.
B. Inspection
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Records during the Record Retention Period. Local Agency shall make
Local Agency Records available during normal business hours at Local
Agency’s office or place of business, or at other mutually agreed upon times
or locations, upon no fewer than two (2) Business Days’ notice from the
State, unless the State determines that a shorter period of notice, or no
notice, is necessary to protect the interests of the State.
C. Monitoring
The State will monitor Local Agency’s performance of its obligations under
this Agreement using procedures as determined by the State. The State
shall monitor Local Agency’s performance in a manner that does not unduly
interfere with Local Agency’s performance of the Work. Local Agency shall
allow the State to perform all monitoring required by the Uniform Guidance,
based on the State’s risk analysis of Local Agency. The State shall have the
right, in its sole discretion, to change its monitoring procedures and
requirements at any time during the term of this Agreement. If Local Agency
enters into a subcontract with an entity that would also be considered a
Subrecipient, then the subcontract entered into by Local Agency shall
contain provisions permitting both Local Agency and the State to perform
all monitoring of that Subcontractor in accordance with the Uniform
Guidance.
D. Final Audit Report
Local Agency shall promptly submit to the State a copy of any final audit
report of an audit performed on Local Agency’s records that relates to or
affects this Agreement or the Work, whether the audit is conducted by Local
Agency or a third party. Additionally, if Local Agency is required to perform
a single audit under 2 C.F.R. 200.501, et seq., then Local Agency shall
submit a copy of the results of that audit to the State within the same timeline
as the submission to the Federal government.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Local Agency shall hold and maintain, and cause all Subcontractors to hold
and maintain, any and all State Records that the State provides or makes
available to Local Agency for the sole and exclusive benefit of the State,
unless those State Records are otherwise publicly available at the time of
disclosure or are subject to disclosure by Local Agency under CORA. Local
Agency shall not, without prior written approval of the State, use for Local
Agency’s own benefit, publish, copy, or otherwise disclose to any third party,
or permit the use by any third party for its benefit or to the detriment of the
State, any State Records, except as otherwise stated in this Agreement.
Local Agency shall provide for the security of all State Confidential
Information in accordance with all policies promulgated by the Colorado
Office of Information Security and all applicable laws, rules, policies,
publications, and guidelines. Local Agency shall immediately forward any
request or demand for State Records to the State’s principal representative.
Local Agency shall immediately forward any request or demand for State
Records to the State’s principal representative.
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B. Other Entity Access and Nondisclosure Agreements
Local Agency may provide State Records to its agents, employees, assigns
and Subcontractors as necessary to perform the Work, but shall restrict
access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations
under this Agreement. Local Agency shall ensure all such agents,
employees, assigns, and Subcontractors sign nondisclosure agreements
with provisions at least as protective as those in this Agreement, and that
the nondisclosure agreements are always in force the agent, employee,
assign, or Subcontractor has access to any State Confidential Information.
Local Agency shall provide copies of those signed nondisclosure
agreements to the State upon request.
C. Use, Security, and Retention
Local Agency shall use, hold, and maintain State Confidential Information
in compliance with any and all applicable laws and regulations in facilities
located within the United States and shall maintain a secure environment
that ensures confidentiality of all State Confidential Information wherever
located. Local Agency shall provide the State with access, subject to Local
Agency’s reasonable security requirements, for purposes of inspecting and
monitoring access and use of State Confidential Information and evaluating
security control effectiveness. Upon the expiration or termination of this
Agreement, Local Agency shall return State Records provided to Local
Agency or destroy such State Records and certify to the State that it has
done so, as directed by the State. If Local Agency is prevented by law or
regulation from returning or destroying State Confidential Information, Local
Agency warrants it will guarantee the confidentiality of, and cease to use,
such State Confidential Information.
D. Incident Notice and Remediation
If Local Agency becomes aware of any Incident, it shall notify the State
immediately and cooperate with the State regarding recovery, remediation,
and the necessity to involve law enforcement, as determined by the State.
Unless Local Agency can establish that none of Local Agency or any of its
agents, employees, assigns, or Subcontractors are the cause or source of
the Incident, Local Agency shall be responsible for the cost of notifying each
person who may have been impacted by the Incident. After an Incident,
Local Agency shall take steps to reduce the risk of incurring a similar type
of Incident in the future as directed by the State, which may include, but is
not limited to, developing, and implementing a remediation plan that is
approved by the State at no additional cost to the State.
E. Data Protection and Handling
Local Agency shall ensure that all State Records and Work Product in the
possession of Local Agency or any Subcontractors are protected and
handled in accordance with the requirements of this Agreement, including
the requirements of any Exhibits hereto, at all times.
F. Safeguarding Personally Identifying Information (PII)
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If Local Agency or any of its Subcontracts will or may receive PII under this
Agreement, Local Agency shall provide for the security for such PII, in a
manner and form acceptable to the State, including, without limitation, State
non-disclosure requirements, use of appropriate technology, security
practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits.
Local Agency shall be a “Third Party Service Provider” as defined in C.R.S.
§24-73-103(1)(i), and shall maintain security procedures and practices
consistent with C.R.S. §§24-73-101 et seq. In addition, as set forth in C.R.S.
§24-74-102, et seq., Local Agency and Contractor, including, but not limited
to, Local Agency and Contractor’s employees, agents, and Subcontractors,
agrees not to share any PII with any third parties for the purpose of
investigating for, participating in, cooperating with, or assisting with Federal
immigration enforcement.
11. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Local Agency shall not engage in any business or activities or maintain any
relationships that conflict in any way with the full performance of the
obligations of Local Agency under this Agreement. Such a conflict of interest
would arise when a Local Agency or Subcontractor’s employee, officer or
agent were to offer or provide any tangible personal benefit to an employee
of the State, or any member of his or her immediate family or his or her
partner, related to the award of, entry into or management or oversight of
this Agreement. Officers, employees, and agents of Local Agency may
neither solicit nor accept gratuities, favors or anything of monetary value
from contractors or parties to subcontracts.
B. Apparent Conflicts of Interest
Local Agency acknowledges that, with respect to this Agreement, even the
appearance of a conflict of interest shall be harmful to the State’s interests.
Absent the State’s prior written approval, Local Agency shall refrain from
any practices, activities or relationships that reasonably appear to be in
conflict with the full performance of Local Agency’s obligations under this
Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Local Agency is
uncertain whether a conflict or the appearance of a conflict has arisen, Local
Agency shall submit to the State a disclosure statement setting forth the
relevant details for the State’s consideration. Failure to promptly submit a
disclosure statement or to follow the State’s direction regarding the actual
or apparent conflict constitutes a Breach of Agreement.
D. Acknowledgement
Local Agency acknowledges that all State employees are subject to the
ethical principles described in C.R.S. §24-18-105. Local Agency further
acknowledges that State employees may be subject to the requirements of
C.R.S. §24-18-105 with regard to this Agreement.
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12. INSURANCE
Local Agency shall obtain and maintain and ensure that each Contactor,
Consultant, and Subcontractor shall obtain and maintain, insurance as specified in
this section at all times during the term of this Agreement. All insurance policies
required by this Agreement that are not provided through self-insurance shall be
issued by insurance companies with an AM Best rating of A-VIII or better.
A. Local Agency Insurance
Local Agency is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, C.R.S. §24-10-101, et seq., (GIA) and shall
maintain at all times during the term of this Agreement such liability
insurance, by commercial policy or self-insurance, as is necessary to meet
its liabilities under the GIA.
B. Contractor, Consultant, and Subcontractor Requirements
Local Agency shall ensure that each Contractor, Consultant, and
Subcontractor that is a public entity within the meaning of the GIA, maintains
at all times during the terms of this Agreement, such liability insurance, by
commercial policy or self-insurance, as is necessary to meet the Contractor
and Subcontractor’s obligations under the GIA. Local Agency shall ensure
that each Contractor and Subcontractor that is not a public entity within the
meaning of the GIA, maintains at all times during the terms of this
Agreement all of the following insurance policies:
i. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and
employers’ liability insurance covering all Local Agency or
Subcontractor employees acting within the course and scope of their
employment.
ii. General Liability
Commercial general liability insurance written on an Insurance
Services Office occurrence form, covering premises operations, fire
damage, independent contractors, products and completed
operations, blanket contractual liability, personal injury, and
advertising liability with minimum limits depending on the amount of
the Agreement Maximum Amount including any Amendments.
a. Agreements $50,000,000 or less:
1. $1,000,000 each occurrence;
2. $2,000,000 general aggregate;
3. $2,000,000 products and completed operations
aggregate; and
4. $50,000 any one (1) fire.
5. Completed Operations coverage shall be provided for
a minimum period of one (1) year following final
acceptance of work. If any aggregate limit is reduced
below $1,000,000 because of claims made or paid, the
Contractor shall immediately obtain additional
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insurance to restore the full aggregate limit and furnish
the certificate or other satisfactory document.
b. Agreements greater than $50,000,000 up to $100,000,000:
1. $5,000,000 each occurrence which may combined with
the umbrella insurance amount to reach the minimum
threshold;
2. $10,000,000 general aggregate which may combined
with the umbrella insurance amount to reach the
minimum threshold;
3. $2,000,000 products and completed operations
aggregate; and
4. $50,000 any one (1) fire.
5. Completed Operations coverage shall be provided for
a minimum period of one (1) year following final
acceptance of work. If any aggregate limit is reduced
below $1,000,000 because of claims made or paid, the
Contractor shall immediately obtain additional
insurance to restore the full aggregate limit and furnish
the certificate or other satisfactory document.
c. Agreements greater than $100,000,000:
1. $10,000,000 each occurrence which may be combined
with the umbrella insurance amount to reach the
minimum threshold;
2. $20,000,000 general aggregate which may combined
with the umbrella insurance amount to reach the
minimum threshold;
3. $2,000,000 products and completed operations
aggregate; and
4. $50,000 any one (1) fire.
5. Completed Operations coverage shall be provided for
a minimum period of one (1) year following final
acceptance of work. If any aggregate limit is reduced
below $1,000,000 because of claims made or paid, the
Contractor shall immediately obtain additional
insurance to restore the full aggregate limit and furnish
the certificate or other satisfactory document.
iii. Automobile Liability
Automobile liability insurance covering any auto (including owned,
hired, and non-owned autos) with a minimum limit of $1,000,000
each accident combined single limit.
iv. Professional Liability Insurance (this insurance requirement only
applies if the Contractor, Consultant, and/or Subcontractor is
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providing professional services including, but not limited to,
engineering, architectural, landscape architectural, professional
surveying, industrial hygiene services, or any other commonly
understood professional service).
Professional liability insurance covering any damages caused by an
error, omission or any negligent act with minimum limits depending
on the amount of the Agreement Maximum Amount including any
Amendments.
a. Agreements $50,000,000 or less:
1. $1,000,000 each occurrence;
2. $1,000,000 general aggregate;
3. Each Contractor, Consultant, and Subcontractor that is
not a public entity within the meaning of this GIA shall
renew and maintain Professional Liability Insurance as
outlined above for a minimum of one year following
final acceptance of Work.
b. Agreements greater than $50,000,000 up to $100,000,000:
1. $5,000,000 each occurrence which may be combined
with the umbrella insurance amount to reach the
minimum threshold;
2. $10,000,000 general aggregate which may be
combined with the umbrella insurance amount to reach
the minimum threshold; and
3. Each Contractor, Consultant, and Subcontractor that is
not a public entity within the meaning of this GIA shall
renew and maintain Professional Liability Insurance as
outlined above for a minimum of one year following
final acceptance of Work.
c. Agreements greater than $100,000,000:
1. $10,000,000 each occurrence which may be combined
with the umbrella insurance amount to reach the
minimum threshold;
2. $20,000,000 general aggregate which may be
combined with the umbrella insurance amount to reach
the minimum threshold;
3. Each Contractor, Consultant, and Subcontractor that is
not a public entity within the meaning of this GIA shall
renew and maintain Professional Liability Insurance as
outlined above for a minimum of one year following
final acceptance of Work.
v. Umbrella or Excess Liability Insurance
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Umbrella or Excess Liability Insurance with minimum limits of
$1,000,000 or as needed to meet minimum threshold for general
liability insurance in 12.B.ii.b & c. This policy shall become primary
in the event the primary Liability Policy limits are impaired or
exhausted.
C. Additional Insured
The State shall be named as additional insured on all commercial general
liability policies (leases and construction contracts require additional
insured coverage for completed operations) and umbrella or excess liability
policies required of Local Agency’s Contractors, Consultants, and
Subcontractors. In the event of cancellation of any commercial general
liability policy, the carrier shall provide at least 10 days prior written notice
to State.
D. Primacy of Coverage
Coverage required of Local Agency and each Contractor, Consultant, and
Subcontractor shall be primary over any insurance or self-insurance
program carried by Local Agency or the State.
E. Cancellation
All commercial insurance policies shall include provisions preventing
cancellation or non-renewal, except for cancellation based on non-payment
of premiums, without at least 30 days prior notice to Local Agency and Local
Agency shall forward such notice to the State in accordance with §17 within
seven (7) days of Local Agency’s receipt of such notice.
F. Subrogation Waiver
All commercial insurance policies secured or maintained by Local Agency
or its Contractors, Consultants, and Subcontractors in relation to this
Agreement shall include clauses stating that each carrier shall waive all
rights of recovery under subrogation or otherwise against Local Agency or
the State, its agencies, institutions, organizations, officers, agents,
employees, and volunteers.
G. Certificates
For each commercial insurance plan provided by Local Agency under this
Agreement, Local Agency shall provide to the State certificates evidencing
Local Agency’s insurance coverage required in this Agreement within seven
(7) Business Days following the Agreement Effective Date. Local Agency
shall provide to the State certificates evidencing Contractor, Consultant,
and Subcontractor insurance coverage required under this Agreement
within seven (7) Business Days following the Agreement Effective Date,
except that, if Local Agency’s subcontract is not in effect as of the
Agreement Effective Date, Local Agency shall provide to the State
certificates showing Contractor, Consultant, and Subcontractor insurance
coverage required under this Agreement within seven (7) Business Days
following Local Agency’s execution of the subcontract. No later than 15 days
before the expiration date of Local Agency’s or any Contractor, Consultant,
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and Subcontractor’s coverage, Local Agency shall deliver to the State
certificates of insurance evidencing renewals of coverage. At any other time
during the term of this Agreement, upon request by the State, Local Agency
shall, within seven (7) Business Days following the request by the State,
supply to the State evidence satisfactory to the State of compliance with the
provisions of this §12.
13. TERMINATION
A. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the
State of Colorado. If this Agreement ceases to further the public interest of
the State or if State, Federal or other funds used for this Agreement are not
appropriated timely or otherwise become unavailable to fund this
Agreement the State, in its discretion, may terminate this Agreement in
whole or in part. This subsection shall not apply to a termination of this
Agreement by the State for Breach of Agreement by Local Agency, which
shall be governed by §14 of this Agreement.
i. Method and Content
The State shall notify Local Agency by providing written notice to
Local Agency of the termination and be in accordance with §17. The
notice shall specify the effective date of the termination and whether
it affects all or a portion of this Agreement.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public
interest, Local Agency shall be subject to §15.A.i.a.
Iii. Payments
If the State terminates this Agreement in the public interest, the State
shall pay Local Agency an amount equal to the percentage of the
total reimbursement payable under this Agreement that corresponds
to the percentage of Work satisfactorily completed and accepted, as
determined by the State, less payments previously made.
Additionally, if this Agreement is less than 60% completed, as
determined by the State, the State may reimburse Local Agency for
a portion of actual out-of-pocket expenses, not otherwise reimbursed
under this Agreement, incurred by Local Agency which are directly
attributable to the uncompleted portion of Local Agency’s obligations,
provided that the sum of any and all reimbursement shall not exceed
the Agreement Maximum Amount specified on Exhibit C payable to
Local Agency hereunder.
B. Termination Due to Project Completion
This Agreement may be terminated early upon project completion after the
final invoice has been paid. The Local Agency must submit an invoice they
have indicated is the final invoice to CDOT. Once that invoice has been paid
any remaining funds can be liquidated from the project. The State shall
notify Local Agency by providing written notice to Local Agency of the
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termination in accordance with §17 of this Agreement. The notice shall
specify the effective date of the termination and will be the Agreement
Expiration Date.
C. Termination by Mutual Agreement
This Agreement may be terminated early if all Parties agree that this would
be in the best interest of the Parties. The Party initiating the termination shall
send a written request to the other Party requesting termination. Once this
request is received the State shall notify Local Agency by providing written
notice to Local Agency of the termination in accordance with §17 of this
Agreement. The notice shall include the request to terminate and specify
the effective date of the termination and will be the Agreement Expiration
Date.
D. Termination for Breach
In the event of Local Agency’s uncured Breach of Agreement, the State may
terminate this entire Agreement or any part of this Agreement. Local Agency
shall continue performance of this Agreement to the extent not terminated,
if any. §14.
14. BREACH
Notice and Cure Period
In the event of a Breach of Agreement, the aggrieved Party shall give written notice
of breach to the other Party. If the notified Party does not cure the breach, at its
sole expense, within 30 days after the delivery of written notice, the Party may
exercise any of the remedies as described in §15 for that Party. Notwithstanding
any provision of this Agreement to the contrary, the State, in its discretion, need
not provide notice or a cure period and may immediately terminate this Agreement
in whole or in part or institute any other remedy in the Agreement to protect the
public interest of the State; or if Local Agency is debarred or suspended under
§24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure
period and may terminate this Agreement in whole or in part or institute any other
remedy in this Agreement as of the date that the debarment or suspension takes
effect.
15. REMEDIES
A. State’s Remedies
If Local Agency is in breach under any provision of this Agreement and fails
to cure such breach, the State, following the notice and cure period set forth
in §14, shall have all of the remedies listed in this §15.A. in addition to all
other remedies set forth in this Agreement or at law. The State may exercise
any or all of the remedies available to it, in its discretion, concurrently or
consecutively.
i. Remedies Involving Termination for Breach of Agreement
In the event of Local Agency’s uncured breach and the State’s notice
of termination, as set forth in §14, the Local Agency shall continue
performance of this Agreement to the extent not terminated, if any.
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a. Obligations and Rights
To the extent specified in any termination notice, Local
Agency shall not incur further obligations or render further
performance past the effective date of such notice and shall
terminate outstanding orders and subcontracts with third
parties. However, Local Agency shall complete and deliver to
the State all Work not canceled by the termination notice and
may incur obligations as necessary to do so within this
Agreement’s terms. At the request of the State, Local Agency
shall assign to the State all Local Agency's rights, title, and
interest in and to such terminated orders or subcontracts.
Upon termination, Local Agency shall take timely, reasonable,
and necessary action to protect and preserve property in the
possession of Local Agency but in which the State has an
interest. At the State’s request, Local Agency shall return
materials owned by the State in Local Agency’s possession at
the time of any termination. Local Agency shall deliver all
completed Work Product and all Work Product that was in the
process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only
pay Local Agency for accepted Work received as of the date
of termination. If, after termination by the State, the State
agrees that Local Agency was not in breach or that Local
Agency's action or inaction was excusable, such termination
shall be treated as a termination in the public interest, and the
rights and obligations of the Parties shall be as if this
Agreement had been terminated in the public interest under
§13.A.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Local
Agency shall remain liable to the State for any damages
sustained by the State in connection with any breach by Local
Agency, and the State may withhold payment to Local Agency
for the purpose of mitigating the State’s damages until such
time as the exact amount of damages due to the State from
Local Agency is determined. The State may withhold any
amount that may be due Local Agency as the State deems
necessary to protect the State against loss including, without
limitation, loss as a result of outstanding liens and excess
costs incurred by the State in procuring from third parties
replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one (1) or more of the
following additional remedies:
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a. Suspend Performance
Suspend Local Agency’s performance with respect to all or
any portion of the Work pending corrective action as specified
by the State without entitling Local Agency to an adjustment
in price or cost or an adjustment in the performance schedule.
Local Agency shall promptly cease performing Work and
incurring costs in accordance with the State’s directive, and
the State shall not be liable for costs incurred by Local Agency
after the suspension of performance.
b. Withhold Payment
Withhold payment to Local Agency until Local Agency
corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Local
Agency’s actions or inactions, cannot be performed or if they
were performed are reasonably of no value to the state;
provided, that any denial of payment shall be equal to the
value of the obligations not performed.
d. Removal
Demand immediate removal from the Work of any of Local
Agency’s employees, agents, or Subcontractors from the
Work whom the State deems incompetent, careless,
insubordinate, unsuitable, or otherwise unacceptable or
whose continued relation to this Agreement is deemed by the
State to be contrary to the public interest or the State’s best
interest.
e. Intellectual Property
If any Work infringes a patent, copyright, trademark, trade
secret, or other intellectual property right, Local Agency shall,
as approved by the State (a) secure that right to use such
Work for the State or Local Agency; (b) replace the Work with
non infringing Work or modify the Work so that it becomes non
infringing; or, (c) remove any infringing Work and refund the
amount paid for such Work to the State.
B. Local Agency’s Remedies
If the State is in breach of any provision of this Agreement and does not
cure such breach, Local Agency, following the notice and cure period in §14
and the dispute resolution process in §16 shall have all remedies available
at law and equity.
16. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the
performance of this Agreement which cannot be resolved by the designated
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Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a
senior manager designated by Local Agency for resolution.
B Resolutions of Controversies
Except as otherwise provided in this Agreement, any dispute concerning a
question of fact arising under this Agreement which is not disposed of by
agreement shall be decided by the Chief Engineer of CDOT. The decision
of the Chief Engineer will be final and conclusive unless, within 30 calendar
days after the date of receipt of a copy of such written decision, Local
Agency mails or otherwise furnishes to the State a written appeal addressed
to the Executive Director of CDOT. In connection with any appeal
proceeding under this clause, Local Agency shall be afforded an opportunity
to be heard and to offer evidence in support of its appeal. Pending final
decision of a dispute hereunder, Local Agency shall proceed diligently with
the performance of this Agreement in accordance with the Chief Engineer’s
decision. The decision of the Executive Director or their duly authorized
representative for the determination of such appeals shall be final and
conclusive and serve as final agency action. This dispute clause does not
preclude consideration of questions of law in connection with decisions
provided for herein. Nothing in this Agreement, however, shall be construed
as making final the decision of any administrative official, representative, or
board on a question of law.
17. NOTICES AND REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this
Agreement shall be the Principal Representative of the designating Party. All
notices required or permitted to be given under this Agreement shall be in writing
and shall be delivered (i) by hand with receipt required, (ii) by certified or registered
mail to such Party’s Principal Representative at the address set forth below or (iii)
as an email with read receipt requested to the Principal Representative at the email
address, if any, set forth below. If a Party delivers a notice to another through email
and the email is undeliverable, then, unless the Party has been provided with an
alternate email contact, the Party delivering the notice shall deliver the notice by
hand with receipt required or by certified or registered mail to such Party’s Principal
Representative at the address set forth below. Either Party may change its
Principal Representative, its contact information, or any of its representatives
identified in an exhibit and its contact information by notice submitted in
accordance with this §17 without a formal amendment to this Agreement. Unless
otherwise provided in this Agreement, notices shall be effective upon delivery of
the written notice.
18. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Local Agency hereby grants to the State a perpetual, irrevocable, non-
exclusive, royalty free license, with the right to sublicense, to make, use,
reproduce, distribute, perform, display, create derivatives of and otherwise
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exploit all intellectual property created by Local Agency or any
Subcontractors. Local Agency assigns to the State and its successors and
assigns, the entire right, title, and interest in and to all causes of action,
either in law or in equity, for past, present, or future infringement of
intellectual property rights related to the Work Product and all works based
on, derived from, or incorporating the Work Product. Whether or not Local
Agency is under contract with the State at the time, Local Agency shall
execute applications, assignments, and other documents, and shall render
all other reasonable assistance requested by the State, to enable the State
to secure patents, copyrights, licenses, and other intellectual property rights
related to the Work Product. The Parties intend the Work Product to be
works made for hire.
i. Copyrights
To the extent that the Work Product (or any portion of the Work
Product) would not be considered works made for hire under
applicable law, Local Agency hereby assigns to the State, the entire
right, title, and interest in and to copyrights in all Work Product and
all works based upon, derived from, or incorporating the Work
Product; all copyright applications, registrations, extensions, or
renewals relating to all Work Product and all works based upon,
derived from, or incorporating the Work Product; and all moral rights
or similar rights with respect to the Work Product throughout the
world. To the extent that Local Agency cannot make any of the
assignments required by this section, Local Agency hereby grants to
the State a perpetual, irrevocable, royalty-free license to use, modify,
copy, publish, display, perform, transfer, distribute, sell, and create
derivative works of the Work Product and all works based upon,
derived from, or incorporating the Work Product by all means and
methods and in any format now known or invented in the future. The
State may assign and license its rights under this license.
ii. Patents
In addition, Local Agency grants to the State (and to recipients of
Work Product distributed by or on behalf of the State) a perpetual,
worldwide, no-charge, royalty-free, irrevocable patent license to
make, have made, use, distribute, sell, offer for sale, import, transfer,
and otherwise utilize, operate, modify, and propagate the contents of
the Work Product. Such license applies only to those patent claims
licensable by Local Agency that are necessarily infringed by the
Work Product alone, or by the combination of the Work Product with
anything else used by the State.
iii. Assignments and Assistance
Whether or not the Local Agency is under Agreement with the State
at the time, Local Agency shall execute applications, assignments,
and other documents, and shall render all other reasonable
assistance requested by the State, to enable the State to secure
patents, copyrights, licenses, and other intellectual property rights
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related to the Work Product. The Parties intend the Work Product to
be works made for hire. Local Agency assigns to the State and its
successors and assigns, the entire right, title, and interest in and to
all causes of action, either in law or in equity, for past, present, or
future infringement of intellectual property rights related to the Work
Product and all works based on, derived from, or incorporating the
Work Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, any
pre-existing State Records, State software, research, reports, studies,
photographs, negatives, or other documents, drawings, models, materials,
data, and information shall be the exclusive property of the State
(collectively, State Materials). Local Agency shall not use, willingly allow,
cause, or permit Work Product or State Materials to be used for any purpose
other than the performance of Local Agency’s obligations in this Agreement
without the prior written consent of the State. Upon termination of this
Agreement for any reason, Local Agency shall provide all Work Product and
State Materials to the State in a form and manner as directed by the State.
C. Exclusive Property of Local Agency
Local Agency retains the exclusive rights, title, and ownership to any and
all pre-existing materials owned or licensed to Local Agency including, but
not limited to, all pre-existing software, licensed products, associated
source code, machine code, text images, audio and/or video, and third-party
materials, delivered by Local Agency under this Agreement, whether
incorporated in a Deliverable or necessary to use a Deliverable (collectively,
Local Agency Property). Local Agency Property shall be licensed to the
State as set forth in this Agreement or a State approved license agreement:
(i) entered into as exhibits to this Agreement, (ii) obtained by the State from
the applicable third-party vendor, or (iii) in the case of open source software,
the license terms set forth in the applicable open source license agreement.
19. GENERAL PROVISIONS
A. Assignment
Local Agency’s rights and obligations under this Agreement are personal
and may not be transferred or assigned without the prior, written consent of
the State. Any attempt at assignment or transfer without such consent shall
be void. Any assignment or transfer of Local Agency’s rights and obligations
approved by the State shall be subject to the provisions of this Agreement.
B. Captions and References
The captions and headings in this Agreement are for convenience of
reference only, and shall not be used to interpret, define, or limit its
provisions. All references in this Agreement to sections (whether spelled out
or using the § symbol), subsections, exhibits or other attachments, are
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references to sections, subsections, exhibits, or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
C. Entire Understanding
This Agreement represents the complete integration of all understandings
between the Parties related to the Work, and all prior representations and
understandings related to the Work, oral or written, are merged into this
Agreement. Prior or contemporaneous additions, deletions, or other
changes to this Agreement shall not have any force or effect whatsoever,
unless embodied herein.
D. Modification
Except as otherwise provided in this Agreement, any modification to this
Agreement shall only be effective if agreed to in a formal amendment to this
Agreement, properly executed and approved in accordance with applicable
Colorado State law and State Fiscal Rules. Modifications permitted under
this Agreement, other than Agreement amendments, shall conform to the
policies promulgated by the Colorado State Controller.
E. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Agreement to a statute, regulation, State Fiscal Rule,
fiscal policy, or other authority shall be interpreted to refer to such authority
then current, as may have been changed or amended since the Agreement
Effective Date.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance
with the Colorado State Controller Agreement, Grant, and Purchase Order
Policies regarding the use of digital signatures issued under the State Fiscal
Rules, then any agreement or consent to use digital signatures within the
electronic system through which that signatory signed shall be incorporated
into this Agreement by reference.
G. Severability
The invalidity or unenforceability of any provision of this Agreement shall
not affect the validity or enforceability of any other provision of this
Agreement, which shall remain in full force and effect, provided that the
Parties can continue to perform their obligations under this Agreement in
accordance with the intent of the Agreement.
H. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after
termination or expiration of the Agreement shall survive the termination or
expiration of the Agreement and shall be enforceable by the other Party.
Specifically, §§6.A.viii, 9.A & B, 12 and 19.K shall survive termination or
expiration of this Agreement.
I. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in
§19.A, this Agreement does not and is not intended to confer any rights or
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remedies upon any person or entity other than the Parties. Enforcement of
this Agreement and all rights and obligations hereunder are reserved solely
to the Parties. Any services or benefits which third parties receive as a result
of this Agreement are incidental to the Agreement, and do not create any
rights for such third parties.
J. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under
this Agreement, whether explicit or by lack of enforcement, shall not operate
as a waiver, nor shall any single or partial exercise of any right, power, or
privilege preclude any other or further exercise of such right, power, or
privilege.
K. Indemnification
i. General Indemnification
Local Agency shall be responsible for its own actions and for the
actions of its own employees related to this Agreement. Local
Agency shall also cause its Contractors, Consultants, and any
Subcontractors to indemnify, save, and hold harmless the State, its
employees, agents and assignees, against any and all costs,
expenses, claims, damages, liabilities, court awards including costs,
expenses, and attorney fees and related costs, directly or indirectly
arising out of, resulting from or related to (in whole or in part) this
Agreement, any rights or interests granted pursuant to this
Agreement and other amounts (including attorneys’ fees and related
costs) incurred as a result of any act or omission by Local Agency,
or its employees, agents, Contractors, Consultants, Subcontractors,
or assignees in connection with this Agreement. This provision shall
survive the termination of the Agreement.
ii. Confidential Information Indemnification
Disclosure or use of State Confidential Information by Local Agency
or its contractors and any Contractors, Consultants, and
Subcontractors in violation of §10 may be cause for legal action by
third parties against Local Agency, the State, or their respective
agents. Local Agency shall be responsible for its own actions and for
the actions of its own employees related to this violation of §10. Local
Agency shall also cause its Contractors, Consultants, and any
Subcontractors to indemnify, save, and hold harmless CDOT, its
employees and agents, against any and all claims, damages, liability
and court awards including costs, expenses, and attorney fees and
related costs incurred by the State in relation to any act or omission
by Local Agency, or its employees, agents, assigns, or
Subcontractors in violation of §10. This provision shall survive the
termination of the Agreement.
iii. Intellectual Property Indemnification
Local Agency shall be responsible for its own actions and for the
actions of its own employees related to intellectual property of the
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Work. Local Agency shall also cause its Contractors, Consultants,
and any Subcontractors to indemnify, save, and hold harmless the
Indemnified Parties, against any and all costs, expenses, claims,
damages, liabilities, and other amounts (including attorneys’ fees
and costs) incurred by the State in relation to any claim that any Work
infringes a patent, copyright, trademark, trade secret, or any other
intellectual property right. This provision shall survive the termination
of the Agreement.
iv. Accessibility Indemnification
Local Agency shall be responsible for its own actions and for the
actions of its own employees related to this Agreement. Local
Agency shall also cause its Contractors, Consultants, and any
Subcontractors to indemnify, save, hold harmless, and assume
liability on behalf of the State, its officers, employees, agents and
assignees (collectively the “Indemnified Parties”), for any and all
costs, expenses, claims, damages, liabilities, court awards, attorney
fees and related costs, and other amounts incurred by any of the
Indemnified Parties in relation to Contractor, Consultant, and/or
Subcontractor’s noncompliance 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, C.R.S. State employees are considered third
parties for the purposes of this section.
L. Accessibility
i. Local Agency shall comply with the Accessibility Standards for
Individuals with a Disability, as adopted by the Office of Information
Technology pursuant to C.R.S. §24-85-103
ii. The State may require that the Local Agency’s compliance with the
Accessibility Standards for Individuals with a Disability adopted by
the Office of Information Technology pursuant to §24-85-103 C.R.S.
is determined and tested by a qualified third party selected by the
State. The State may ask the Local Agency to review the selection
of the third party. Local Agency shall be responsible for all costs
associated with the third-party vendor’s assessment. If Local Agency
is not in compliance as determined by the third-party vendor, at the
State’s request and at the State’s direction, Local Agency shall
promptly take all necessary actions to come into compliance using a
State-approved vendor, at no additional cost to the State.
M. Compliance with State and Federal Law, Regulations and Executive Orders
Local Agency shall comply with all State and Federal law, regulations,
executive orders, State and Federal Awarding Agency policies, procedures,
directives, and reporting requirements at all times during the term of this
Agreement.
20. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all Agreements.
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A. STATUTORY APPROVAL. §24-30-202(1) C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado
State Controller or designee. If this Agreement is for a Major Information
Technology Project, as defined in §24-37.5-102(19), C.R.S., then this
Agreement shall not be valid until it has been approved by the State’s Chief
Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5) C.R.S., applicable Local Agency
law, rule or regulation
Financial obligations of the Parties payable after the current State Fiscal
Year or fiscal year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the
negligence of the Parties, its departments, boards, commissions
committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act,
§24-10-101, et seq., C.R.S..; the Federal Tort Claims Act, 28 U.S.C. Pt. VI,
Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes,
§§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall
be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in
these statutes.
D. INDEPENDENT CONTRACTOR
Local Agency shall perform its duties hereunder as an independent
contractor and not as an employee. Neither Local Agency nor any agent or
employee of Local Agency shall be deemed to be an agent or employee of
the State. Local Agency shall not have authorization, express or implied, to
bind the State to any agreement, liability or understanding, except as
expressly set forth herein. Local Agency and its employees and agents are
not entitled to unemployment insurance or workers compensation benefits
through the State and the State shall not pay for or otherwise provide such
coverage for Local Agency or any of its agents or employees. Local Agency
shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this Agreement. Local Agency shall
(i) provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (ii) provide proof
thereof when requested by the State, and (iii) be solely responsible for its
acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Local Agency shall comply with all applicable Federal and State laws, rules,
and regulations in effect or hereafter established, including, without
limitation, laws applicable to discrimination and unfair employment
practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
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Colorado law, and rules and regulations issued pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of this Agreement.
Any provision included or incorporated herein by reference which conflicts
with said laws, rules, and regulations shall be null and void. All suits or
actions related to this Agreement shall be filed and proceedings held in the
State of Colorado and exclusive venue shall be in the City and County of
Denver.
G. PROHIBITED TERMS.
Any term included in this Agreement that requires the Parties to indemnify
or hold the Parties harmless; requires the Parties to agree to binding
arbitration; limits Parties’ liability for damages resulting from death, bodily
injury, or damage to tangible property; or that conflicts with this provision in
any way shall be void ab initio. Nothing in this Agreement shall be construed
as a waiver of any provision of §24-106-109 C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used
for the acquisition, operation, or maintenance of computer software in
violation of Federal copyright laws or applicable licensing restrictions. Local
Agency hereby certifies and warrants that, during the term of this
Agreement and any extensions, Local Agency has and shall maintain in
place appropriate systems and controls to prevent such improper use of
public funds. If the State determines that Local Agency is in violation of this
provision, the State may exercise any remedy available at law or in equity
or under this Agreement, including, without limitation, immediate
termination of this Agreement and any remedy consistent with Federal
copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-
201 and 24-50-507 C.R.S.
The signatories aver that to their knowledge, no employee of the State has
any personal or beneficial interest whatsoever in the service or property
described in this Agreement. Local Agency has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or
degree with the performance of Local Agency’s services and Local Agency
shall not employ any person having such known interests.
21. FEDERAL REQUIREMENTS
Local Agency and/or their Contractors, Consultants, and Subcontractors shall at
all times during the execution of this Agreement strictly adhere to, and comply with,
all applicable Federal and State laws, and their implementing regulations, as they
currently exist and may hereafter be amended. Certain exhibits reference
Executive Orders (EO) that have been revoked and other revocations have been
proposed but not yet finalized. By way of example this is a non-exhaustive list:
Exhibit I, FHWA Form 1273, references EO 11246, which has been revoked. This
EO is also referenced in other exhibits. Exhibit J, Additional Federal Requirements,
Appendix E, references EO 12898, which has been revoked. Certain federal
regulatory changes related to this revocation have been proposed but not yet
OLA #: 331003881
Routing #: 26-HA1-XC-00151
LA.FED_4.30.26 Page 45 of 45
finalized. Similarly, EO 11375 (which had amended EO 11246) and EO 13166,
are referenced in exhibits and have been revoked. A summary of applicable
Federal provisions are attached hereto as Exhibit F, Exhibit I, Exhibit J, Exhibit
L, and Exhibit M and are hereby incorporated by this reference. It is incumbent
upon Local Agency and their Contractors, Consultants, and Subcontractors to stay
up to date on all applicable Federal and State laws, and their implementing
regulations, and EOs that have been or proposed to be revoked.
22. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
Local Agency will comply with all requirements of Exhibit E and Exhibit G, Local
Agency Contract Administration Checklist, regarding DBE requirements for the
Work.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Exhibit A - Page 1 of 1
EXHIBIT A
SCOPE OF WORK
Name of Project: City of Wheat Ridge HAWK Signals
Project Number: SHO M361-017
SubAccount Number: 27629
The HAWK Signals will be placed midblock at two locations, on 44th Ave east of
Miller St. and just east of Lamar St on 44th Ave. Both locations are busy four lane
roads. Mast arms will be erected with multiple 3 Section, 12” Hybrid Beacons that
are in synch with the Pedestrian Head countdown. The project will include ADA
compliant curb ramps, advanced warning signage, and updated pavement
markings. They will be replacing Rectangular Rapid Flashing Beacons at both
locations as the beacons have not deterred driver habits.
Based on an evaluation of crash history, pedestrian activity, and FHWA guidance,
the City anticipates a substantial reduction in vehicle/pedestrian conflicts and a
decreased likelihood of severe pedestrian injuries in the project area. These
improvements will enhance safety for students walking to and from school, families
accessing parks, and people accessing the Clear Creek Trail, while also providing
an additional safe crossing location from nearby intersections, directly supporting
the HSIP’s goal of reducing serious injuries and fatalities on Colorado roadways.
By accepting funds for this Scope of Work, Local Agency acknowledges, understands,
and accepts the continuing responsibility for the safety of the traveling public after initial
acceptance of the project. Local Agency is responsible for maintaining and operating
the scope of work described in this Exhibit A constructed under this Agreement at
its own cost and expense during its useful life.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT B
SAMPLE IGA OPTION LETTER
Date State Fiscal Year Option Letter No.
Project Code Original Agreement #
Vendor Name:
Option to unilaterally add phasing to include Design, Construction,
Environmental, Utilities, ROW incidentals or Miscellaneous and to update
encumbrance amount(s).
Option to unilaterally transfer funds from one phase to another phase.
Option to unilaterally add phasing to include Design, Construction,
Environmental, Utilities, ROW incidentals or Miscellaneous, to update
encumbrance amount(s), and to unilaterally transfer funds from one phase
to another phase.
Option to unilaterally extend the term of this Agreement and/or update a
Work Phase Performance Period and/or modify OMB Guidance.
Option A
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State
hereby exercises the option to authorize the Local Agency to add a phase
and to encumber funds for the phase based on changes in funding availability
and authorization. The total encumbrance is (or increased) by $0.00. A new
Exhibit C-1 is made part of the original Agreement and replaces Exhibit C.
Option B
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State
hereby exercises the option to transfer funds based on variance in actual
phase costs and original phase estimates. A new Exhibit C-1 is made part
of the original Agreement and replaces Exhibit C.
Option C
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State
hereby exercises the option to 1) release the Local Agency to begin a phase;
2) to encumber funds for the phase based upon changes in funding
availability and authorization; and 3) to transfer funds from phases based
on variance in actual phase costs and original phase estimates. A new
Exhibit C-1 is made part of the original Agreement and replaces Exhibit C.
1 2
Option D
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State hereby
exercises the option extend the term of this Agreement and/or update a Work
Phase Performance Period and/or modify information required under the OMB
Uniform Guidance, as outlined in Exhibit C. This is made part of the original
Agreement and replaces the Expiration Date shown on the Signature and Cover
Page. Any updated version of Exhibit C shall be attached to any executed Option
Letter as Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.).
The effective date of this option letter is upon approval of the State Controller or
delegate.
STATE OF COLORADO
Jared S. Polis
Department of Transportation
By:
Keith Stefanik, P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
Date:
ALL AGREEMENTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State
Agreements. This Agreement is not valid until signed and dated below by the
State Controller or delegate. Contractor is not authorized to begin
performance until such time. If the Local Agency begins performing prior
thereto, the State of Colorado is not obligated to pay the Local Agency for
such performance or for any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Colorado Department of Transportation
Date:
2 2
Fed $ LA Work
Exhibit C - Page 1 of 3
EXHIBIT C - FUNDING PROVISIONS
CITY OF WHEAT RIDGE - SHO M361-017 (27629)
A. Cost of Work Estimate
The Local Agency has estimated the total cost of the Work to be $814,006.00, which is
to be funded as follows:
1. FUNDING a. Federal Funds (90% of HSIP Award) $732,605.00 b. Local Agency Funds (10% of HSIP Award) $81,401.00 ______________________________________________________________________ TOTAL FUNDS ALL SOURCES $814,006.00 ______________________________________________________________________ 2. OMB UNIFORM GUIDANCE
a. Federal Award
Identification Number (FAIN): TBD
b. Name of Federal Awarding Agency: FHWA
c. Local Agency Unique Entity Identifier TEAYNF4J6VC8
d. Assistance Listing #
Highway Planning and Construction ALN 20.205
Highway Safety Improvement Program ALN 20.272
e. Is the Award for R&D? No
f. Indirect Cost Rate (if applicable) N/A
g. Amount of Federal Funds Obligated by this Action: $0.00
h. Amount of Federal Funds
Obligated to Date (including this Action): $0.00 ______________________________________________________________________ 3. ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted $732,605.00
b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00
______________________________________________________________________ TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 90% $732,605.00 TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 10% $81,401.00 TOTAL PROJECT ESTIMATED FUNDING 100.00% $814,006.00 ______________________________________________________________________ 4. FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount (Federal funds + Local Agency funds) $814,006.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
______________________________________________________________________ NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $814,006.00 ______________________________________________________________________
Note: No funds are currently available. Design and Construction funds will become
available after execution of an Option letter (Exhibit B) or formal Amendment. ______________________________________________________________________ Design 3020
Exhibit C - Page 2 of 3
WBS Element 27629.10.30 Performance Period Start*/End Date $0.00 TBD-TBD Const. 3301 WBS Element 27629.20.10 Performance Period Start*/End Date $0.00 TBD-TBD
______________________________________________________________________
*The Local Agency should not begin work until all three (3) of the following are in place: 1)
Phase Performance Period Start Date; 2) the execution of the document encumbering
funds for the respective phase; and 3) Local Agency receipt of the official Notice to
Proceed. Any work performed before these three (3) milestones are achieved will not be
reimbursable.
B. Funding Ratios
The funding ratio for the federal funds for this Work is 90% federal funds to 10% Local
Agency funds, and this ratio applies only to the $814,006.00 that is eligible for federal
funding. All other costs are borne by the Local Agency at 100%. If the total cost of
performance of the Work exceeds $814,006.00, and additional federal funds are not
available, the Local Agency shall pay all such excess costs. If the total cost of
performance of the Work is less than $814,006.00, then the amounts of Local Agency
and federal funds will be decreased in accordance with the funding ratio described in
A1. This applies to the entire scope of Work.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be
$732,605.00. For CDOT accounting purposes, the federal funds of $732,605.00 and the
Local Agency funds of $81,401.00 will be encumbered for a total encumbrance of
$814,006.00, unless this amount is increased by an executed amendment before any
increased cost is incurred. The total budget of this funding source is $814,006.00, unless
this amount is increased by an executed amendment before any increased cost is
incurred. The total cost of the Work is the best estimate available, based on the design
data as approved at the time of execution of this Agreement, and that any cost is subject
to revisions agreed to by the parties prior to bid and award. This applies to the entire
scope of Work.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving $1,000,000 or
more from all funding sources defined as federal financial assistance for Single Audit
Act Amendment purposes shall comply with the audit requirements of 2 CFR part 200,
subpart F (Audit Requirements). The Single Audit Act Amendment requirements
applicable to the Local Agency receiving federal funds are as follows:
i. Expenditure less than $1,000,000
If the Local Agency expends less than $1,000,000 in Federal funds (all federal
sources, not just Highway funds) in its fiscal year then this requirement does
not apply.
ii. Expenditure of $1,000,000 or more-Highway Funds Only
If the Local Agency expends $1,000,000 or more, in Federal funds, but only
received federal Highway funds then a program specific audit shall be
performed. This audit will examine the “financial” procedures and processes for
this program area.
iii. Expenditure of $1,000,000 or more-Multiple Funding Sources
Exhibit C - Page 3 of 3
If the Local Agency expends $1,000,000 or more in Federal funds, and the
Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single
Audit Act applies, which is an audit on the entire organization/entity.
iv. Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor
on staff. An audit is an allowable direct or indirect cost.
EXHIBIT D
LOCAL AGENCY RESOLUTION (IF APPLICABLE)
Exhibit D -Page 1 of 1
CDOT Form 1243 9/25 Page 1 of 10Previous editions are obsolete and may not be used.
Exhibit E
Colorado Department of Transportation
Local Agency Contract Administration Checklist
Project Number STIP Number
Local Agency Project Manager
CDOT Project Manager
Instructions:
This checklist shall be used to establish the contractual administrative responsibilities of the
individual parties to this agreement. The checklist becomes an attachment to the Local Agency
Agreement. Section numbers (No.) correspond to the applicable chapters of the CDOT Local
Agency Manual (formerly referred to as the Local Agency Desk Reference). Local Agency Web
Resource (LAWR) numbers correspond to the applicable flowchart in the Local Agency Web
Resource.
The checklist shall be prepared by placing an X under the responsible party, opposite each of the
tasks. The X denotes the party responsible for initiating and executing the task. It is preferred
that only one responsible party be selected, however a number of items may have both parties
selected based on judgment. When neither CDOT nor the Local Agency is responsible for a task,
not applicable (N/A) shall be marked. In addition, # will be marked to denote that CDOT must
concur or approve.
The Regions, in accordance with established policies and procedures, will determine who will
perform tasks that are the responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in
cooperation with the Local Agency Project Manager, and submitted to the Region Program
Engineer. If contract administration contact information changes, notice will be given pursuant to
the Intergovernmental Agreement (IGA) for this project. If contract administration responsibilities
change, the CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will
prepare and distribute a revised checklist.
Note:
Failure to comply with applicable Federal and State requirements may result in the loss of
Federal or State participation in funding.
CDOT Form 1243 9/25 Page 2 of 10
Acronyms:
Colorado Department of Transportation – CDOT
Disadvantaged Business Enterprise – DBE
Equal Employment Opportunity - EEO
Federal Highway Administration – FHWA
Field Inspection Review – FIR
Final Office Review – FOR
Hot Mix Asphalt – HMA
Independent Assurance Testing - IAT
Intergovernmental Agreement – IGA
Local Agency - LA
Local Agency Web Resource – LAWR
Not Applicable – N/A
Number – No.
On-The-Job - OJT
Plans, Specifications, and Estimate – PS&E Professional
Engineer - PE
Right-of-Way – ROW
Statewide Transportation Improvement Program - STIP
Transportation Improvement Program – TIP
Previous editions are obsolete and may not be used.
CDOT Form 1243 9/25 Page 3 of 10Previous editions are obsolete and may not be used.
TIP / STIP Long-Range Plans Responsible
Party
LAWR No.Description of Task LA CDOT
2.1
Subrecipient Monitoring Responsible
Party
•
•
•
•
“Performance Report to CDOT”)
•
Federal Funding Obligation and Authorization Responsible
Party
4.1
Project Development Responsible
Party
5.1
5.2
5.3
5.4
5.5
5.6
1
2
3,3A
3,6
–
•
•
CDOT Form 1243 9/25 Page 4 of 10Previous editions are obsolete and may not be used.
Responsible
Party
LAWR No.LA CDOT
3
4
5
3
3
3A
3B
3
3
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.18
5.19
5.20
5.21
5.22
5.23
Description of Task
Conduct Field Inspection Review (FIR)
Conduct Environmental Process (may require FHWA concurrence
/involvement)
Acquire Right-of-Way (may require FHWA concurrence
/involvement)
Obtain Utility and Railroad Agreements
Conduct Final Office Review (FOR)
Justify Force Account Work by the Local Agency
Justify Proprietary, Sole Source, or Local Agency Furnished Items
Document Design Exceptions – CDOT Form 464
Seek Permission for use of Guaranty and Warranty Clauses
Prepare Plans, Specifications, Construction Cost Estimates and
Submittals
Comply with Requirements for Off-and On-System Bridges &
Other Structural Work
Update Approvals on PS&E Package if Project Schedule Delayed
Ensure Authorization of Funds for Construction
Use Electronic Signatures
File Project Development Records/Documentation in ProjectWise
(PW)
Project Development Civil Rights and Labor Compliance Responsible
Party
LAWR No.Description of Task LA CDOT
3 6.1
6.2
t is
CDOT Form 1243 9/25 Page 5 of 10Previous editions are obsolete and may not be used.
Responsible
Party
LAWR No.Description of Task LA CDOT
6.3
6.4
6.5
3 6.6
6,7
“NA”, if Not Applicable
Advertise, Bid and Award of Construction Projects Responsible
Party
6,7
7
7
7
7
7
7
7,8
8
Distribute “Advertisement Set” of Plans and Specifications
–
Low bidder meets DBE goals. (“N/A” if Not Applicable)
–
the low bidder does not meet DBE goals. (“N/A” if Not Applicable)
Provide “Award” and “Record” Sets of Plans and Specifications
CDOT Form 1243 9/25 Page 6 of 10Previous editions are obsolete and may not be used.
Construction Management Responsible
Party
LAWR No.Description of Task LA CDOT
8
8
8
8
8 8.4
9 8.5
Intro
8.1
8.2
8.3
File Project Construction Records/Documentation in PW or as Directed
Issue Notice to Proceed to the Contractor
Project Safety
Conduct Conferences
•Preconstruction Conference (Appendix B)
o Fabrication Inspection Notifications
•Pre-Survey
o Construction Staking
o Monumentation
•Project First (Optional)
•Structural Concrete Pre-Pour (Agenda is in the CDOT
Construction Manual)
•Concrete Pavement Pre-Paving (Agenda is in the CDOT
Construction Manual)
•HMA Pre-Paving (Agenda is in the CDOT Construction Manual)
“in responsible charge of construction supervision”
9 8.6
9 8.7
9 8.8
9 8.9
CDOT Form 1243 9/25 Page 7 of 10Previous editions are obsolete and may not be used.
Responsible
Party
LAWR No.Description of Task LA CDOT
9,9A 8.10
9 8.11
9B 8.12
9B 8.13
9A 8.14
9 8.15
9 8.16
9 8.17
8.18
9 8.19
Materials Responsible
Party
9,9C 9.1
•
•
CDOT Form 1243 9/25 Page 8 of 10Previous editions are obsolete and may not be used.
Responsible
Party
LAWR No.Description of Task LA CDOT
9,9C 9.2
9C 9.3
9C 9.4
9C 9.6
9C 9.6
9C 9.7
9C 9.8
9C 9.9
9C 9.10
–
•
•
•
•Fabrication of structural steel and pre-stressed concrete
structural components
•Bridge modular expansion devices (0” to 6” or greater)
•Fabrication of bearing devices
•
•
•
•
•
Check Final Materials Documentation
Construction Civil Rights and Labor Compliance
LAWR No.Description of Task LA CDOT
9 10.1
Complete and Distribute Final Materials Documentation
CDOT Form 1243 9/25 Page 9 of 10Previous editions are obsolete and may not be used.
Responsible
Party
LAWR No.Description of Task LA CDOT
8,9 10.2
9 10.3
9 10.4
9 10.5
9 10.6
9 10.7
10.8
–
–
Compliance with the “Commercially Useful Function”
•–
•–
•–
Check Certified Payrolls (Contact the Region Civil Rights Office
for training requirements)
Submit FHWA Form 1391 – Highway Construction Contractor’s
Annual EEO Report
Contract Compliance and Project Site Reviews
Finals
LAWR No.Description of Task LA CDOT
11.1
10 11.2
10 11.3
11 11.4
11 11.5
11 11.6
11 11.7
11.8
11.9
CDOT Form 1243 9/25 Page 10 of 10Previous editions are obsolete and may not be used.
Responsible
Party
LAWR No.Description of Task LA CDOT
11.10
11 11.11
11.12
11.13
11 11.14
11 11.15
–
–
LAWR No.
TBD
TBD
TBD
Description of Task
Construct Pedestrian Facilities to meet at a minimum PROWAG
Standards (M&S Standards for CDOT On-System Projects)
Final Inspection and Acceptance (Dependent on CDOT On-
System vs Off-System)
Collect Curb Ramp Data and Upload to Survey123 for On-
System Projects
•Variance Request (If Needed)
•Data Collection Coordination
•Data Collection
Public Right-of-Way Accessibility Guidelines (PROWAG)
LA CDOT
Responsible
Party
EXHIBIT F
CERTIFICATION FOR FEDERAL-AID CONTRACTS
The Local Agency certifies, by signing this Agreement, to the best
of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, Agreement, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an
officer of Congress, or an employee of a Member of Congress in
connection with this Federal contract, Agreement, loan, or cooperative
agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each
such failure.
The prospective participant also agrees by submitting his or her bid or
proposal that he or she shall require that the language of this
certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such sub- recipients shall certify and disclose
accordingly.
Exhibit F - Page 1 of 1
EXHIBIT G
DISADVANTAGED BUSINESS ENTERPRISES
SECTION 1. Policy
It is the policy of the Colorado Department of Transportation (CDOT) that Disadvantaged
Business Enterprises (DBEs) shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds under this
agreement, pursuant to 49 CFR Part 26. Accordingly, CDOT’s federally approved DBE
Program Plan shall apply to this agreement.
SECTION 2. Subrecipient and Participant Obligation.
The Local Agency and its subrecipients agrees to ensure that DBEs certified through the
Colorado Unified Certification Program have the maximum opportunity to participate in
the performance of contracts and subcontracts financed in whole or in part with Federal
funds provided under this agreement.
All participants on contracts and subcontracts financed in whole or in part with Federal
funds provided under this Agreement shall take all necessary and reasonable steps in
accordance with the CDOT’s federally approved DBE Program Plan to ensure that DBEs
have the maximum opportunity to compete for and perform contracts.
Local Agency subrecipients and their contractors shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance of CDOT and federally
assisted contracts.
SECTION 3. DBE Program.
The Local Agency subrecipient shall be responsible for complying with CDOT’s FHWA-
approved DBE Program Plan.
Local Agency requirements can be found at:
https://www.codot.gov/business/civilrights
Exhibit G- Page 1 of 1
EXHIBIT H
LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
Title 23 Code of Federal Regulations (CFR) Part 172 applies to a federally funded Local
Agency project agreement administered by CDOT that involves professional consultant
services. 23 CFR 172.1 states "The requirements herein apply to federally funded
contracts for engineering and design related services for projects subject to the provisions
of 23 U.S.C. 112(a) (related to construction) and are issued to ensure that a qualified
consultant is obtained through an equitable qualifications-based selection procurement
process, that prescribed work is properly accomplished in a timely manner, and at fair
and reasonable cost." Additionally, 23 CFR 172.7(a)(1)(iii)(C) states "In-State or local
preference shall not be used as a factor in the evaluation, ranking and selection phase."
Therefore, local agencies must comply with these CFR requirements when obtaining
professional consultant services under a federally funded consultant contract
administered by CDOT.
CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related
manual titled "Obtaining Professional Consultant Services". This directive and manual
incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and
CRS §24-30-1401 et seq. Copies of the directive and the manual may be obtained upon
request from CDOT's Engineering Contract Services Unit. [Local agencies should have
their own written procedures on file for each method of procurement that addresses the
items in 23 CFR 172].
Because the procedures and laws described in the Procedural Directive and the manual
are quite lengthy, the subsequent steps serve as a short-hand guide to CDOT procedures
that a Local Agency must follow in obtaining professional consultant services. This
guidance follows the format of 23 CFR 172. The steps are:
1. The contracting Local Agency shall document the need for obtaining
professional services.
2. Prior to solicitation for consultant services, the contracting Local Agency
shall develop a detailed scope of work and a list of evaluation factors and
their relative importance. The evaluation factors are those identified in
C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for
use during negotiations.
3. The contracting agency must advertise for contracts in conformity with the
requirements of C.R.S. 24-30-1405. The public notice period, when such
notice is required, is a minimum of 15 days prior to the selection of the three
most qualified firms and the advertising should be done in one or more daily
newspapers of general circulation.
4. The Local Agency shall not advertise any federal aid contract without prior
review by the CDOT Regional Civil Rights Office (RCRO) to determine
whether the contract shall be subject to a DBE contract goal. If the RCRO
determines a goal is necessary, then the Local Agency shall include the
goal and the applicable provisions within the advertisement. The Local
1 3
Agency shall not award a contract to any Contractor or Consultant without
the confirmation by the CDOT Civil Rights and Business Resource Center
that the Contractor or Consultant has demonstrated good faith efforts. The
Local Agency shall work with the CDOT RCRO to ensure compliance with
the established terms during the performance of the contract.
5. The Local Agency shall require that all contractors pay subcontractors for
satisfactory performance of work no later than 30 days after the receipt of
payment for that work from the contractor. For construction projects, this time
period shall be reduced to seven days in accordance with Colorado Revised
Statute 24-91-103(2). If the Local Agency withholds retainage from
contractors and/or allows contractors to withhold retainage from
subcontractors, such retainage provisions must comply with 49 CFR 26.29.
6. Payments to all Subconsultants shall be made within thirty days of receipt
of payment from [the Local Agency] or no later than ninety days from the
date of the submission of a complete invoice from the Subconsultant,
whichever occurs first. If the Consultant has good cause to dispute an
amount invoiced by a Subconsultant, the Consultant shall notify [the Local
Agency] no later than the required date for payment. Such notification shall
include the amount disputed and justification for the withholding. The
Consultant shall maintain records of payment that show amounts paid to all
Subconsultants. Good cause does not include the Consultant’s failure to
submit an invoice to the Local Agency or to deposit payments made.
7. The analysis and selection of the consultants shall be done in accordance with
CRS §24-30-1403. This section of the regulation identifies the criteria to be
used in the evaluation of CDOT pre-qualified prime consultants and their
team. It also shows which criteria are used to short-list and to make a final
selection.
The short-list is based on the following evaluation factors:
a. Qualifications,
b. Approach to the Work,
c. Ability to furnish professional services.
d. Anticipated design concepts, and
e. Alternative methods of approach for furnishing the professional
services.
Evaluation factors for final selection are the Consultant's:
a. Abilities of their personnel,
b. Past performance,
c. Willingness to meet the time and budget requirement,
d. Location,
e. Current and projected work load,
2 3
f. Volume of previously awarded contracts, and
g. Involvement of minority consultants.
8. Once a consultant is selected, the Local Agency enters into negotiations with
the consultant to obtain a fair and reasonable price for the anticipated work.
Pre-negotiation audits are prepared for contracts expected to be greater
than $50,000. Federal reimbursements for costs are limited to those costs
allowable under the cost principles of 48 CFR 31. Fixed fees (profit) are
determined with consideration given to size, complexity, duration, and
degree of risk involved in the work. Profits are in the range of six (6) to 15
percent of the total direct and indirect costs.
9. A qualified Local Agency employee shall be responsible and in charge of the
Work to ensure that the work being pursued is complete, accurate, and
consistent with the terms, conditions, and specifications of the contract. At
the end of Work, the Local Agency prepares a performance evaluation (a
CDOT form is available) on the consultant.
CRS §§24-30-1401 THROUGH 24-30-1408, 23 CFR PART 172, AND P.D. 400.1,
PROVIDE ADDITIONAL DETAILS FOR COMPLYING WITH THE PRECEEDING NINE
(9) STEPS.
3 3
FHWA-1273 – Revised October 23, 2023
EXHIBIT I
REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under title 23, United States
Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider. 23
CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services) in accordance with 23 CFR 633.102. The
design-builder shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents,
however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and
lower-tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services
related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract. 23
CFR 633.102(d).
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230,
Subpart A, Appendix A are applicable to all Federal-aid
construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR
Part 230 are not applicable to material supply, engineering, or
architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR
Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR Part 60,
and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure
compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230,
Subpart A, Appendix A, with appropriate revisions to conform
to the U.S. Department of Labor (US DOL) and FHWA
requirements.
Exhibit I- Page 1 of 14
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to
take affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (see 28 CFR
Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of
Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140, shall constitute the EEO
and specific affirmative action standards for the contractor's
project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630
are incorporated by reference in this contract. In the execution
of this contract, the contractor agrees to comply with the
following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex,
sexual orientation, gender identity, color, national origin, age
or disability. Such action shall include: 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, pre-apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action or are
substantially involved in such action, will be made fully
cognizant of and will implement the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to ensure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
Exhibit I- Page 2 of 14
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs (i.e.,
apprenticeship and on-the-job training programs for the
geographical area of contract performance). In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 23 CFR
230.409. Actions by the contractor, either directly or through a
contractor's association acting as agent, will include the
procedures set forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability;
making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide
sufficient referrals (even though it is obligated to provide
exclusive referrals under the terms of a collective bargaining
agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so
would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability in
the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors,
suppliers, and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR part 26 in the award
and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-
responsible.
c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated
by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
Exhibit I- Page 3 of 14
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project indicating the number of minority, women, and non-
minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of more
than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure
that facilities provided for employees are provided in such a
manner that segregation on the basis of race, color, religion,
sex, sexual orientation, gender identity, or national origin
cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use
by employee custom. The contractor's obligation extends
further to ensure that its employees are not assigned to
perform their services at any location under the contractor's
control where the facilities are segregated. The term "facilities"
includes waiting rooms, work areas, restaurants and other
eating areas, time clocks, restrooms, washrooms, locker
rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The
contractor shall provide separate or single-user restrooms and
necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size), in
accordance with 29 CFR 5.5. The requirements apply to all
projects located within the right-of-way of a roadway that is
functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads
or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a
project on a Federal-aid highway, the provisions of this subpart
will apply regardless of the location of the project. Examples
include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails
projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway
Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or
otherwise working in construction or development of the
project under a development statute), will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics. As provided in paragraphs (d) and (e) of 29
CFR 5.5, the appropriate wage determinations are effective by
operation of law even if they have not been attached to the
contract. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under the Davis-Bacon Act (40
U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject
to the provisions of paragraph 1.e. of this section; also, regular
contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics must be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually
performed, without regard to skill, except as provided in
paragraph 4. of this section. Laborers or mechanics performing
work in more than one classification may be compensated at
the rate specified for each classification for the time actually
worked therein: Provided, That the employer's payroll records
accurately set forth the time spent in each classification in
which work is performed. The wage determination (including
any additional classifications and wage rates conformed under
paragraph 1.c. of this section) and the Davis-Bacon poster
(WH–1321) must be posted at all times by the contractor and
its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
b. Frequently recurring classifications. (1) In addition to wage
and fringe benefit rates that have been determined to be
prevailing under the procedures set forth in 29 CFR part 1, a
wage determination may contain, pursuant to § 1.3(f), wage
and fringe benefit rates for classifications of laborers and
mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided
that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for
which a prevailing wage rate has been determined;
Exhibit I- Page 4 of 14
(ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable
relationship to the prevailing wage rates contained in the
wage determination.
(2) The Administrator will establish wage rates for such
classifications in accordance with paragraph 1.c.(1)(iii) of this
section. Work performed in such a classification must be paid
at no less than the wage and fringe benefit rate listed on the
wage determination for such classification.
c. Conformance. (1) The contracting officer must require that
any class of laborers or mechanics, including helpers, which is
not listed in the wage determination and which is to be
employed under the contract be classified in conformance with
the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate
only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications
listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to
DBAconformance@dol.gov. The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt
and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(4) In the event the contractor, the laborers or mechanics to
be employed in the classification or their representatives, and
the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer
will, by email to DBAconformance@dol.gov, refer the
questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator
for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division
under paragraphs 1.c.(3) and (4) of this section. The contractor
must furnish a written copy of such determination to each
affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraph 1.c.(3) or (4) of
this section must be paid to all workers performing work in the
classification under this contract from the first day on which
work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor may
either pay the benefit as stated in the wage determination or
may pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That
the Secretary of Labor has found, upon the written request of
the contractor, in accordance with the criteria set forth in
§ 5.28, that the applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the
wages required by the contract, the contractor will be required
to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may,
upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold
or cause to be withheld from the contractor so much of the
accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any
subcontractor for the full amount of wages and monetary relief,
including interest, required by the clauses set forth in this
section for violations of this contract, or to satisfy any such
liabilities required by any other Federal contract, or federally
assisted contract subject to Davis-Bacon labor standards, that
is held by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to Davis-Bacon labor standards requirements and is
held by the same prime contractor, regardless of whether the
other contract was awarded or assisted by the same agency,
and such funds may be used to satisfy the contractor liability
for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including
any apprentice or helper working on the site of the work all or
part of the wages required by the contract, or upon the
contractor's failure to submit the required records as discussed
in paragraph 3.d. of this section, the contracting agency may
on its own initiative and after written notice to the contractor,
take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with paragraph
Exhibit I- Page 5 of 14
2.a. of this section or Section V, paragraph 3.a., or both, over
claims to those funds by:
(1)A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3)A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(4)A contractor's assignee(s);
(5)A contractor's successor(s); or
(6)A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.
All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the
course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise
working in construction or development of the project under a
development statute) for a period of at least 3 years after all
the work on the prime contract is completed.
(2) Information required. Such records must contain the
name; Social Security number; last known address, telephone
number, and email address of each such worker; each
worker's correct classification(s) of work actually performed;
hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act); daily and weekly number
of hours actually worked in total and on each covered contract;
deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever
the Secretary of Labor has found under paragraph 1.e. of this
section that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing
benefits under a plan or program described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual
cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors
with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship
programs, the registration of the apprentices, and the ratios
and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method
of submission. The contractor or subcontractor must submit
weekly, for each week in which any DBA- or Related Acts-
covered work is performed, certified payrolls to the contracting
agency. The prime contractor is responsible for the submission
of all certified payrolls by all subcontractors. A contracting
agency or prime contractor may permit or require contractors
to submit certified payrolls through an electronic system, as
long as the electronic system requires a legally valid electronic
signature; the system allows the contractor, the contracting
agency, and the Department of Labor to access the certified
payrolls upon request for at least 3 years after the work on the
prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or
limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted
must set out accurately and completely all of the information
required to be maintained under paragraph 3.a.(2) of this
section, except that full Social Security numbers and last
known addresses, telephone numbers, and email addresses
must not be included on weekly transmittals. Instead, the
certified payrolls need only include an individually identifying
number for each worker ( e.g., the last four digits of the
worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional
Form WH–347 or in any other format desired. Optional Form
WH–347 is available for this purpose from the Wage and Hour
Division website at https://www.dol.gov/sites/dolgov/files/WHD/
legacy/files/wh347/.pdf or its successor website. It is not a
violation of this section for a prime contractor to require a
subcontractor to provide full Social Security numbers and last
known addresses, telephone numbers, and email addresses to
the prime contractor for its own records, without weekly
submission by the subcontractor to the contracting agency.
(3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the
contractor's or subcontractor's agent who pays or supervises
the payment of the persons working on the contract, and must
certify the following:
(i)That the certified payroll for the payroll period contains
the information required to be provided under paragraph 3.b.
of this section, the appropriate information and basic records
are being maintained under paragraph 3.a. of this section,
and such information and records are correct and complete;
(ii)That each laborer or mechanic (including each helper
and apprentice) working on the contract during the payroll
period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii)That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination
incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse
side of Optional Form WH–347 will satisfy the requirement for
submission of the “Statement of Compliance” required by
paragraph 3.b.(3) of this section.
Exhibit I- Page 6 of 14
(5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent
must be an original handwritten signature or a legally valid
electronic signature.
(6) Falsification. The falsification of any of the above
certifications may subject the contractor or subcontractor to
civil or criminal prosecution under 18 U.S.C. 1001 and 31
U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or
subcontractor must preserve all certified payrolls during the
course of the work and for a period of 3 years after all the work
on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or
subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and
extensions. The contractor or subcontractor must preserve
these contracts, subcontracts, and related documents during
the course of the work and for a period of 3 years after all the
work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other
documents that the contracting agency, the State DOT, the
FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of
any of the applicable statutes referenced by § 5.1, available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on
the job.
(2) Sanctions for non-compliance with records and worker
access requirements. If the contractor or subcontractor fails to
submit the required records or to make them available, or
refuses to permit worker interviews during working hours on
the job, the Federal agency may, after written notice to the
contractor, sponsor, applicant, owner, or other entity, as the
case may be, that maintains such records or that employs
such workers, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records
upon request or to make such records available, or to permit
worker interviews during working hours on the job, may be
grounds for debarment action pursuant to § 5.12. In addition,
any contractor or other person that fails to submit the required
records or make those records available to WHD within the
time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative
proceeding under 29 CFR part 6 any of the required records
that were not provided or made available to WHD. WHD will
take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other
things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number
and last known address, telephone number, and email address
of each covered worker, and must provide them upon request
to the contracting agency, the State DOT, the FHWA, the
contractor, or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or other compliance
action.
4. Apprentices and equal employment opportunity (29 CFR
5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted
to work at less than the predetermined rate for the work they
perform when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship (OA), or with a State
Apprenticeship Agency recognized by the OA. A person who is
not individually registered in the program, but who has been
certified by the OA or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90
days of probationary employment as an apprentice in such a
program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to use apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits
in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to
journeyworkers on the job site in any craft classification must
not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program or the ratio
applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated in paragraph 4.a.(1) of this section, must
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in
excess of the ratio permitted under this section must be paid
not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor
is performing construction on a project in a locality other than
the locality in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyworker's
hourly rate) applicable within the locality in which the
construction is being performed must be observed. If there is
no applicable ratio or wage rate for the locality of the project,
the ratio and wage rate specified in the contractor's registered
program must be observed.
b. Equal employment opportunity. The use of apprentices
and journeyworkers under this part must be in conformity with
Exhibit I- Page 7 of 14
the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
23 CFR 230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be
greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract as
provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert
FHWA-1273 in any subcontracts, along with the applicable
wage determination(s) and such other clauses or contract
modifications as the contracting agency may by appropriate
instructions require, and a clause requiring the subcontractors
to include these clauses and wage determination(s) in any
lower tier subcontracts. The prime contractor is responsible for
the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In
the event of any violations of these clauses, the prime
contractor and any subcontractor(s) responsible will be liable
for any unpaid wages and monetary relief, including interest
from the date of the underpayment or loss, due to any workers
of lower-tier subcontractors, and may be subject to debarment,
as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract as
provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29
CFR 5.5, disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor
(or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility. a. By entering into this contract,
the contractor certifies that neither it nor any person or firm
who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of 40
U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government contract by
virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in
the U.S. Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the DBA, Related
Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under the DBA, Related
Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any
Federal-aid construction contract in an amount in excess of
$100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
terms laborers and mechanics include watchpersons and
guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek. 29 CFR
5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages and interest from the date of the underpayment.
In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or
Exhibit I- Page 8 of 14
mechanic, including watchpersons and guards, employed in
violation of the clause set forth in paragraph 1. of this section,
in the sum currently provided in 29 CFR 5.5(b)(2)* for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may
be adjusted annually by the Department of Labor, pursuant to
the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of
Labor, withhold or cause to be withheld from the contractor so
much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime
contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages
required by the clauses set forth in this section on this
contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract subject to
the Contract Work Hours and Safety Standards Act that is held
by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to the Contract Work Hours and Safety Standards Act
and is held by the same prime contractor, regardless of
whether the other contract was awarded or assisted by the
same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with Section IV
paragraph 2.a. or paragraph 3.a. of this section, or both, over
claims to those funds by:
(1)A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2)A contracting agency for its reprocurement costs;
(3)A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(4)A contractor's assignee(s);
(5)A contractor's successor(s); or
(6)A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert
in any subcontracts the clauses set forth in paragraphs 1.
through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs 1. through 5. In the
event of any violations of these clauses, the prime contractor
and any subcontractor(s) responsible will be liable for any
unpaid wages and monetary relief, including interest from the
date of the underpayment or loss, due to any workers of lower-
tier subcontractors, and associated liquidated damages and
may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the Contract
Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under
CWHSSA or this part;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under CWHSSA or this
part; or
d. Informing any other person about their rights under
CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System pursuant to 23 CFR
635.116.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term “perform work with its own organization” in
paragraph 1 of Section VI refers to workers employed or
leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime
contractor, or any other assignees. The term may include
payments for the costs of hiring leased employees from an
employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
following conditions: (based on longstanding interpretation)
(1)the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2)the prime contractor remains responsible for the quality
of the work of the leased employees;
Exhibit I- Page 9 of 14
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon
which the requirements set forth in paragraph (1) of Section VI
is computed includes the cost of material and manufactured
products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish
(a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct performance of the work
in accordance with the contract requirements, and is in charge
of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the
contracting officer determines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract. (based on long-
standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph
(1) is not applicable to design-build contracts; however,
contracting agencies may establish their own self-performance
requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
Exhibit I- Page 10 of 14
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction
contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this
contract or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, subcontractor, supplier, or
vendor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251-1387). Violations must be reported
to the Federal Highway Administration and the Regional Office
of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.
The contractor agrees to include or cause to be included the
requirements of this Section in every subcontract, and further
agrees to take such action as the contracting agency may
direct as a means of enforcing such requirements. 2 CFR
200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default. 2 CFR
180.325.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200.
“First Tier Covered Transactions” refers to any covered
transaction between a recipient or subrecipient of Federal
funds and a participant (such as the prime or general contract).
“Lower Tier Covered Transactions” refers to any covered
transaction under a First Tier Covered Transaction (such as
subcontracts). “First Tier Participant” refers to the participant
who has entered into a covered transaction with a recipient or
subrecipient of Federal funds (such as the prime or general
contractor). “Lower Tier Participant” refers any participant who
has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction. 2
CFR 180.330.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. 2 CFR 180.300;
180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. 2
CFR 180.335. To verify the eligibility of its principals, as well
as the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default. 2 CFR 180.325.
* * * * *
Exhibit I- Page 11 of 14
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification, 2 CFR 180.700 and
180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default. 2
CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability
that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed,
and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax
liability (USDOT Order 4200.6 implementing appropriations act
requirements).
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant should attach an explanation to this proposal. 2
CFR 180.335 and 180.340.
* * * * *
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any
covered transaction between a recipient or subrecipient of
Federal funds and a participant (such as the prime or general
contract). “Lower Tier Covered Transactions” refers to any
covered transaction under a First Tier Covered Transaction
(such as subcontracts). “First Tier Participant” refers to the
participant who has entered into a covered transaction with a
recipient or subrecipient of Federal funds (such as the prime or
general contractor). “Lower Tier Participant” refers any
participant who has entered into a covered transaction with a
First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/), which is
compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
Exhibit I- Page 12 of 14
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment. 2 CFR 180.325.
* * * * *
4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted, or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant should attach an explanation to this
proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, or any other
covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is
acquired for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into
inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a
specific Federal-aid construction project, the bidder, proposer,
contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the
extent such vessels are available at fair and reasonable rates
for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30
working days following the date of loading for shipments
originating outside the United States, a legible copy of a rated,
‘on-board’ commercial ocean bill-of-lading in English for each
shipment of cargo described in paragraph (b)(1) of this section
to both the Contracting Officer (through the prime contractor in
the case of subcontractor bills-of-lading) and to the Office of
Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified
onboard, dated, with rates and charges. These bills of lading
may contain business sensitive information and therefore may
be submitted directly to MARAD by the Ocean Transportation
Intermediary on behalf of the contractor). 46 CFR 381.7.
Exhibit I- Page 13 of 14
ATTACHMENT A -EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
Exhibit I- Page 14 of 14
EXHIBIT J
ADDITIONAL FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
Executive Order 11246
Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity,"
as amended by Executive Order 11375 of October 13, 1967 and as supplemented in
Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded
in excess of $10,000 by the Local Agencies and their contractors or the Local Agencies).
Copeland "Anti-Kickback" Act
The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of
Labor regulations (29 CFR Part 3) (All contracts and sub-Agreements for construction or
repair).
Davis-Bacon Act
The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by the
Local Agencies and the Local Agencies when required by Federal Agreement program
legislation. This act requires that all laborers and mechanics employed by contractors or
sub-contractors to work on construction projects financed by federal assistance must be paid
wages not less than those established for the locality of the project by the Secretary of
Labor).
Contract Work Hours and Safety Standards Act
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction
contracts awarded by the Local Agency’s in excess of $2,000, and in excess of $2,500 for
other contracts which involve the employment of mechanics or laborers).
Clean Air Act
Standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C.
1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and
sub-Agreements of amounts more than $100,000).
Energy Policy and Conservation Act
Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act (Pub. L. 94-163).
Uniform Guidance
Office of Management and Budget Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (Title 2 Code of the Federal Regulations Part
200), which supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122,
OMB Circulars A-89, A-102, and A-133, and the guidance in Circular A-50 on Single
Audit Act follow-up. The terms and conditions of the Uniform Guidance flow down to
Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the
Federal Award specifically indicate otherwise.
Hatch Act
The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state
that federal funds cannot be used for partisan political purposes of any kind by any person
or organization involved in the administration of federally assisted programs.
1 11
Nondiscrimination
The Local Agency shall not exclude from participation in, deny the benefits of, or subject
to discrimination any person in the United States on the ground of race, color national origin,
sex, age or disability. Prior to the receipt of any Federal financial assistance from CDOT, the
Local Agency shall execute the attached Standard DOT Title VI assurance. As appropriate,
the Local Agency shall include Appendix A, B, or C to the Standard DOT Title VI assurance
in any contract utilizing federal funds, land, or other aid. The Local Agency shall also include
the following in all contract advertisements:
The [Local Agency], in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (79 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and
the Regulations, hereby notifies all bidders that it will affirmatively ensure
that any contract entered into pursuant to this advertisement, DBEs will be
afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race,
color, or national origin in consideration for any award.
ADA
In any contract utilizing federal funds, land, or other federal aid, the Local Agency shall
require the federal-aid recipient or contractor to provide a statement of written assurance
that they will comply with Section 504and not discriminate on the basis of disability.
Uniform Relocation Assistance and Real Property Acquisition Policies Act
The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the
contractor is acquiring real property and displacing households or businesses in the
performance of the Agreement).
Drug-Free Workplace ActThe Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.).Age Discrimination Act of 1975The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation, 45
C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended,
and implementing regulation 45 C.F.R. Part 84. 23 C.F.R. Part 172 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts".23 C.F.R Part 633 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction Contracts". 23 C.F.R. Part 635 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973.
The requirements for which are shown in the Nondiscrimination Provisions, which are
attached hereto and made a part hereof.
Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of
the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees, and
successors in interest, agree as follows:
i. Compliance with Regulations
The Contractor will comply with the Regulations of the Department of Transportation
relative to nondiscrimination in Federally assisted programs of the Department of
2 11
Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to
as the "Regulations"), which are herein incorporated by reference and made a part of
this Agreement.
ii. Nondiscrimination
The Contractor, with regard to the work performed by it after award and prior to
completion of the contract work, will not discriminate on the ground of race, color,
sex, mental or physical handicap or national origin in the selection and retention of
Subcontractors, including procurement of materials and leases of equipment. The
Contractor will not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment practices when
the contract covers a program set forth in Appendix C of the Regulations.
iii. Solicitations for Subcontracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiation made by the Contractor
for work to be performed under a subcontract, including procurement of materials or
equipment, each potential Subcontractor or supplier shall be notified by the Contractor
of the Contractor's obligations under this Agreement and the Regulations relative to
nondiscrimination on the ground of race, color, sex, mental or physical handicap or
national origin.
iv. Information and Reports
The Contractor will provide all information and reports required by the Regulations,
or orders and instructions issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined
by the State or the FHWA to be pertinent to ascertain compliance with such
Regulations, orders, and instructions. Where any information required of the
Contractor is in the exclusive possession of another who fails or refuses to furnish
this information, the Contractor shall so certify to the State, or the FHWA as
appropriate and shall set forth what efforts have been made to obtain the information.
v. Sanctions for Noncompliance
In the event of the Contractor's noncompliance with the nondiscrimination provisions
of this Agreement, the State shall impose such contract sanctions as it or the FHWA
may determine to be appropriate, including, but not limited to: a. Withholding of
payments to the Contractor under the contract until the Contractor complies, and/or
b. Cancellation, termination or suspension of the contract, in whole or in part.
Incorporation of Provisions §22
The Contractor will include the provisions of this Exhibit J in every subcontract, including
procurement of materials and leases of equipment, unless exempt by the Regulations, orders,
or instructions issued pursuant thereto. The Contractor will take such action with respect to
any subcontract or procurement as the State or the FHWA may direct as a means of enforcing
such provisions including sanctions for noncompliance; provided, however, that, in the event
the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or
supplier as a result of such direction, the Contractor may request the State to enter into such
litigation to protect the interest of the State and in addition, the Contractor may request the
FHWA to enter into such litigation to protect the interests of the United States.
3 11
SAMPLE
The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination
Assurances for Local Agencies
DOT Order No. 1050.2A
The [Local Agency] (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving
any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Colorado Department
of Transportation and the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and
Federal Aviation Administration (FAA), is subject to and will comply with the following:
Statutory/Regulatory Authorities
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on
the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of
Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights
Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or
guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or
activity, "for which the Recipient receives Federal financial assistance from DOT, including the FHWA, FTA,
or FAA.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other
Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of
1973), by restoring the broad, institutional-wide scope and coverage of these non-discrimination statutes and
requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally
assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following
Assurances with respect to its Federally assisted FHWA, FTA, and FAA assisted programs:
1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and 21.23(e) of
49 C.F.R. § 21 will be (with regard to an "activity") facilitated or will be (with regard to a "facility") operated or
will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to
the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests for Proposals for work,
or material subject to the Acts and the Regulations made in connection with all FHWA, FTA and FAA programs
and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
3. "The [Local Agency] in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will
be afforded full and fair opportunity
4 11
4. to submit bids in response to this invitation and will not be discriminated against on the grounds of
race, color, or national origin in consideration for an award."
5. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement
subject to the Acts and the Regulations.
6. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land,
in any deed from the United States effecting or recording a transfer of real property, structures, use, or
improvements thereon or interest therein to a Recipient.
7. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility,
the Assurance will extend to the entire facility and facilities operated in connection therewith.
8. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real
property or an interest in real property, the Assurance will extend to rights to space on, over, or under such
property.
9. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a
covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered
into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project,
or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved
under the applicable activity, project, or program.
10. That this Assurance obligates the Recipient for the period during which Federal financial assistance is
extended to the program, except where the Federal financial assistance is to provide, or is in the form of,
personal property, or real property, or interest therein, or structures or improvements thereon, in which case
the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is
extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
11. The Recipient will provide for such methods of administration for the program as are found by the Secretary
of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee
that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees,
successors in interest, and other participants of Federal financial assistance under such program will comply
with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
12. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the [Local Agency] also agrees to comply (and require any sub-recipients, sub-
grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing
the FHWA, FTA, and FAA’s access to records, accounts, documents, information, facilities, and staff. You also
recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted
by CDOT, FHWA, FTA, or FAA. You must keep records, reports, and submit the material for review
5 11
upon request to CDOT, FHWA, FTA, or FAA, or its designee in a timely, complete, and accurate way. Additionally,
you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed
in program guidance.
[Local Agency] gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts,
agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date
hereof to the recipients by the U.S. Department of Transportation under the FHWA, FTA, and FAA. This ASSURANCE
is binding on [Local Agency], other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their
subcontractors', transferees, successors in interest, and any other participants in the FHWA, FTA, and FAA funded
programs. The person(s) signing below is authorized to sign this ASSURANCE on behalf of theRecipient.
(Name of Recipient)
by
(Signature of Authorized Official)
DATED
6 11
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter
referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, FHWA, as they may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the [Local Agency], CDOT or FHWA to be
pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to furnish the
information, the contractor will so certify to the [Local Agency], CDOT or FHWA, as appropriate, and will
set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination
provisions of this contract, the [Local Agency] will impose such contract sanctions as it, CDOT or FHWA
may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,
the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the [Local Agency], CDOT or FHWA may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the
contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
7 11
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or
improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the
[Local Agency] will accept title to the lands and maintain the project constructed thereon in accordance with (Name of
Appropriate Legislative Authority), the Regulations for the Administration of (Name of Appropriate Program), and
the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in
compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of
1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the [Local
Agency] all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit
A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto [Local Agency] and its successors forever, subject,
however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in
effect for the period during which the real property or structures are used for a purpose for which Federal financial
assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding
on the [Local Agency] its successors and assigns.
The [Local Agency], in consideration of the conveyance of said lands and interests in lands, does hereby covenant and
agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,]
[and]* (2) that the [Local Agency] will use the lands and interests in lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and
Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions,
the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land
and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation
and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear
the purpose of Title VI.)
8 11
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the
[Local Agency] pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the
case of deeds and leases add "as a covenant running with the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed,
license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or
program is extended or for another purpose involving the provision of similar services or benefits, the (grantee,
licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all
requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds
of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination
covenants, [Local Agency] will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter,
and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never
been made or issued. *
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the [Local Agency]
will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities
will there upon revert to and vest in and become the absolute property of the [Local Agency] and its assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make
clear the purpose of Title VI.)
9 11
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by
[Local Agency] pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the
case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race,
color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under
such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will
be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the
(grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed
by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non-discrimination
covenants, [Local Agency] will have the right to terminate the (license, permit, etc., as appropriate) and to enter
or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as
appropriate) had never been made or issued. *
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, [Local Agency]
will there upon revert to and vest in and become the absolute property of [Local Agency] of Transportation and its
assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make
clear the purpose of Title VI.)
10 11
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors
in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601),(prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation,and certain testing entities (42
U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations
at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
11 11
Exhibit K- Page 1 of 9
Exhibit K
CDOT SUBRECIPIENT RISK ASSESSMENT
Generate a pdf version for circulation to others by clicking the Print to PDF button
below.
Grantee Entity
Project Details
of Project / Program
*
Program Awarded *
Risk Assessment
Exhibit K- Page 2 of 9
Instructions: (See "Instructions" tab for more information)
1.All questions are required to be answered.
2.Utilize the "Comment" section below the last question for additional responses.
3.When complete, check the box at the bottom of the form to authorize.
4.Click the Submit button when ready to submit.
5.A copy of the responses will be emailed to the Assessor Email.
Note: Fields marked with * are required.
1.Is your entity new to operating or managing federal funds (has not done so within the past
three years)? *
Yes No
2.Is this funding program new for your entity (managed for less than three years)? Examples
of funding programs include CMAQ, TAP, STP-M, etc.*
Yes No
3.Does your staff assigned to the program have at least three full years of experience with
this federal program? *
Yes No
4.Has your entity had an on-site project or grant review from an external entity (e.g., CDOT,
FHWA) within the last three years? *
Yes No N/A
5a. Were there non-compliance issues in this prior review? *
Yes No N/A
6.Does your entity have a time and effort reporting system in place to account for 100% of
all employees' time, that can provide a breakdown of the actual time spent on each funded
project? *
Yes No
Experience Assessment
Monitoring/Audit Assessment
Operation Assessment
Exhibit K- Page 3 of 9
Internal Control Assessment
12 .Has your entity had any significant changes in key personnel or accounting system(s) in
the last year? (e.g., Controller, Exec Director, Program Mgr, Accounting Mgr, etc.) *
Yes No N/A
13.Does your entity have financial procedures and controls in place to accommodate a
federal-aid (or other federally funded) project? *
Yes No
14.Does your accounting system identify the receipts and expenditures of program funds
separately for each award? *
Yes No
15.Will your accounting system provide for the recording of expenditures for each award by
the budget cost categories shown in the approved budget? *
Yes No
16.Does your agency have a review process for all expenditures that will ensure that all costs
are reasonable, allowable and allocated correctly to each funding source? *
Yes No N/A
17.How many total FTE perform accounting functions within your organization? *
>=6 2 to 5 <2
*Funds "lapse" when they are no longer available for obligation. *
Financial Assessment
Exhibit K- Page 4 of 9
Impact Assessment
18.For this upcoming federal award or in the immediate future, does your entity have any
potential conflicts of interest* in accordance with applicable Federal awarding agency
policy? (*Any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of the Subrecipient's obligations to the State.)*
Yes No
19.For this award, has your entity disclosed to CDOT, in writing, violations of Federal
criminal law involving fraud, bribery, or gratuity violations potentially affecting the award?
Select Yes if one or more violation(s) and have either disclosed previously to CDOT or as part of
this form.
Select No if one or more violation(s) and have not disclosed previously or will not disclose as part
of this form.
Select N/A if there are no violations.*
Yes No N/A
Exhibit K- Page 5 of 9
Program Management Assessment
20 .Does your entity have a written process/procedure or certification statement approved by
your governing board ensuring critical project personnel are capable of effectively managing
Federal-aid (or other federally funded) projects? *
Yes No N/A
21.Does your entity have written procurement policies or certification statement for
consultant selection approved by your governing board in compliance with 23 CFR 172*?
(*The Brooks Act requires agencies to promote open competition by advertising, ranking, selecting, and negotiating
contracts based on demonstrated competence and qualifications, at a fair and reasonable price.) *
Yes No N/A
22a. Is your staff familiar with the relevant CDOT manuals and federal program requirements?*
Yes No N/A
22b. Does your entity have a written policy or a certification statement approved by your
governing board assuring federal-aid (or other federally funded) projects will receive
adequate inspections? *
Yes No N/A
22c. Does your entity have a written process or a certification statement approved by your
governing board assuring a contractor's work will be completed in conformance with
approved plans and specifications? *
Yes No N/A
22d. Does your entity have a written policy or certification statement approved by your
governing board assuring that materials installed on the projects are sampled and tested per
approved processes. *
Yes No N/A
22e. Does your entity have a written policy or certification statement approved by your
governing board assuring compliance with the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 and implementing regulations on federally funded projects?*
Yes No N/A
Comments - As needed, include the question number and provide comments related to the above
questions.
I have confirmed with the Chief Administrative Officer or Chief Financial Officer of this entity
to certify that this information is true and correct. *
Exhibit K- Page 6 of 9
Instructions and Guide to the SUBRECIPIENT RISK ASSESSMENT (Self Assessment)
GAAP: Generally Accepted Accounting Principles
GAAS: Generally Accepted Auditing Standards
GAGAS: Generally Accepted Government Auditing Standards
Definitions
Using the Assessment:
Q1. Previous Experience of Subrecipient with managing federal funds
Q2. Previous Experience of Subrecipient with funding program
Experience Assessment
Exhibit K- Page 7 of 9
Financial Assessment
Q7. Indirect Cost Rate
Whether a non-Federal entity has an indirect cost rate or not, will not impact the overall risk rating
on this form. However, if an indirect cost rate will be requested, the non-Federal entity must notify
CDOT Audit so that the indirect cost rate can be reviewed and included in the Federal award.
Q8. Size of Grant
If the funds received from CDOT make up a substantial portion of the entity's overall funding, there
is typically a higher risk to the funding if the entity were to have any financial issues.
Q9. Lapsed Funds
Funds "lapse" when they are no longer utilized or available for obligation. Funds lapse at the end of
the applicable fiscal year, unless another date is provided by statute or contract. If a subrecipient
has previously allowed funds to lapse they are considered higher risk.
Q10. Local Match
Difficulty in meeting local match requirements can affect project delivery and is indicative of higher
risk.
Q11. Total Federal Funds
This information is important in deciding how much federal funding makes up the total funding
sources for the entity. If an entity manages a small amount, the risk is higher that they will be
unfamiliar with the fiscal requirements of accounting for the funds. "Total Federal Funds" includes
funds for projects in which your entity administers/performs the work (i.e. construction projects),
but not for funds that you pass-through to other entities.
Monitoring/Audit Assessment
Q6. Timesheet Maintenance
Operation Assessment
Exhibit K- Page 8 of 9
Internal Control Assessment
Q12. Significant Changes in Key Personnel
Significant changes in key personnel can increase the risk of non-compliance with federal
requirements for that entity. For example, a new controller may not be familiar with subaward
requirements, or a new executive director could make large changes in the entity that may increase
their risk of consistent compliance.
Q13. Financial Procedures and Controls
Subrecipients with effective written procedures and financial controls, along with staff familiar with
CDOT procedures and manuals, will have a lower risk of non-compliance with federal requirements.
Q14. Receipts and Expenditures Separated per Each Award
Subrecipients with accounting systems in which separate costs are maintained for each award
reduce the risk that costs are ineligible due to being comingled and billed to multiple awards more
than once.
Q15. Recording of Expenditures by Budget Cost Categories
Subrecipients with accounting systems that can track costs by award AND by the different types of
costs allowed in the award (i.e. labor, sub-consultant/contractor, and materials) reduce the risk
that costs are not allocable (see below).
Q16. Reasonableness, allowability, allocability
Allowability - Expenses charged to a grant must meet the following allowability criteria:
a)The costs must be reasonable.
b)The costs must be given consistent treatment through application of those generally accepted
accounting principles appropriate to the circumstances.
c)The costs must conform to any limitations or exclusions set forth in the grant agreement or in the
Federal Cost Principles.
Allocability:
Once allowability criteria have been met, the cost must be evaluated against the criterion of
allocability. That is, the cost has been incurred solely to support or advance the work of a specific
grant award. It also means the process of assigning a cost, or a group of costs, to one or more cost
objectives, is in reasonable and realistic proportion to the benefit provided or other equitable
relationship. A cost objective may be a major function of the agency, a particular service or project,
a sponsored agreement, or indirect Cost activity. The process may entail assigning a cost(s) directly
to a final cost objective or through one or more intermediate cost objectives.
Reasonableness:
The cost must be able to withstand public scrutiny. (i.e., objective individuals not affiliated with the
institution would agree that a cost is appropriate on a grant award or as a component in its indirect
cost proposal)
Q17. Number of FTEs
This is associated with the number (#) of individual grants and amount of funding the entity receives.
If the entity only has a small # of grants, then a small # of FTE would generally suffice. However, if
the entity has a large # of grants, but only a small # of accounting FTE, then there is a higher risk that
the funds may not be accounted for correctly.
Exhibit K- Page 9 of 9
Program Management Assessment
Questions #20 - #22 on the Self-Assessment are applicable to construction projects and would not be
suitable for use, for example, with planning projects. Cases in which the question does not apply,
mark N/A.
Q20. Critical Project Personnel
If the local entity has a process for ensuring that critical project personnel are qualified to manage
federal-aid (or other federally funded) projects, or provide certification statements to this effect,
they are at less risk of non-compliance.
Q21. Written Procurement Policies
The procedures and laws a local entity must follow in obtaining professional consultant services are
lengthy and complex. A local entity who has written procedures approved by the entity's governing
board for staff or who certify that all laws will be followed is at less risk of non-compliance.
Q22. Program Management Questions a - e
These questions are intended to ensure an understanding of rules and regulations regarding federal-
aid (or other federally funded) projects. A local entity must be able to demonstrate knowledge in
these areas in order to be at low risk for non-compliance.
Impact Assessment
Update Risk Assessment
General
Title 2 —Federal Financial Assistance
Subtitle A —Office of Management and Budget Guidance for Federal Financial Assistance
Chapter II —Office of Management and Budget Guidance
Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
Subpart A Acronyms and Definitions
Acronyms
§ 200.0 Acronyms.
§ 200.1 Definitions.
Subpart B General Provisions
§ 200.100 Purpose.
§ 200.101 Applicability.
§ 200.102 Exceptions.
§ 200.103 Authorities.
§ 200.104 Supersession.
§ 200.105 Effect on other issuances.
§ 200.106 Agency implementation.
§ 200.107 OMB responsibilities.
§ 200.108 Inquiries.
§ 200.109 Review date.
§ 200.110 Effective date.
§ 200.111 English language.
§ 200.112 Conflict of interest.
§ 200.113 Mandatory disclosures.
Subpart C Pre-Federal Award Requirements and Contents of Federal Awards
§ 200.200 Purpose.
§ 200.201 Use of grants, cooperative agreements, fixed amount awards, and contracts.
§ 200.202 Program planning and design.
§ 200.203 Requirement to provide public notice of Federal financial assistance programs.
§ 200.204 Notices of funding opportunities.
§ 200.205 Federal agency review of merit of proposals.
§ 200.206 Federal agency review of risk posed by applicants.
§ 200.207 Standard application requirements.
§ 200.208 Specific conditions.
§ 200.209 Certifications and representations.
§ 200.210 Pre-award costs.
2 C.F.R. Part 200
Exhibit L - Page 1 of 7
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200
Exhibit L
§ 200.211 Information contained in a Federal award.
§ 200.212 Public access to Federal award information.
§ 200.213 Reporting a determination that an applicant is not qualified for a Federal award.
§ 200.214 Suspension and debarment.
§ 200.215 Never contract with the enemy.
§ 200.216 Prohibition on certain telecommunications and video surveillance equipment or
services.
§ 200.217 Whistleblower protections.
Subpart D Post Federal Award Requirements
§ 200.300 Statutory and national policy requirements.
§ 200.301 Performance measurement.
§ 200.302 Financial management.
§ 200.303 Internal controls.
§ 200.304 Bonds.
§ 200.305 Federal payment.
§ 200.306 Cost sharing.
§ 200.307 Program income.
§ 200.308 Revision of budget and program plans.
§ 200.309 Modifications to Period of Performance.
Property Standards
§ 200.310 Insurance coverage.
§ 200.311 Real property.
§ 200.312 Federally owned and exempt property.
§ 200.313 Equipment.
§ 200.314 Supplies.
§ 200.315 Intangible property.
§ 200.316 Property trust relationship.
Procurement Standards
§ 200.317 Procurements by States and Indian Tribes.
§ 200.318 General procurement standards.
§ 200.319 Competition.
§ 200.320 Procurement methods.
§ 200.321 Contracting with small businesses, minority businesses, women's business
enterprises, veteran-owned businesses, and labor surplus area firms.
§ 200.322 Domestic preferences for procurements.
§ 200.323 Procurement of recovered materials.
§ 200.324 Contract cost and price.
§ 200.325 Federal agency or pass-through entity review.
§ 200.326 Bonding requirements.
2 C.F.R. Part 200
Exhibit L - Page 2 of 7
§ 200.327 Contract provisions.
Performance and Financial Monitoring and Reporting
§ 200.328 Financial reporting.
§ 200.329 Monitoring and reporting program performance.
§ 200.330 Reporting on real property.
Subrecipient Monitoring and Management
§ 200.331 Subrecipient and contractor determinations.
§ 200.332 Requirements for pass-through entities.
§ 200.333 Fixed amount subawards.
Record Retention and Access
§ 200.334 Record retention requirements.
§ 200.335 Requests for transfer of records.
§ 200.336 Methods for collection, transmission, and storage of information.
§ 200.337 Access to records.
§ 200.338 Restrictions on public access to records.
Remedies for Noncompliance
§ 200.339 Remedies for noncompliance.
§ 200.340 Termination.
§ 200.341 Notification of termination requirement.
§ 200.342 Opportunities to object, hearings, and appeals.
§ 200.343 Effects of suspension and termination.
Closeout
§ 200.344 Closeout.
Post-Closeout Adjustments and Continuing Responsibilities
§ 200.345 Post-closeout adjustments and continuing responsibilities.
Collection of Amounts Due
§ 200.346 Collection of amounts due.
Subpart E Cost Principles
General Provisions
§ 200.400 Policy guide.
§ 200.401 Application.
Basic Considerations
§ 200.402 Composition of costs.
§ 200.403 Factors affecting allowability of costs.
§ 200.404 Reasonable costs.
§ 200.405 Allocable costs.
§ 200.406 Applicable credits.
§ 200.407 Prior written approval (prior approval).
§ 200.408 Limitation on allowance of costs.
2 C.F.R. Part 200
Exhibit L - Page 3 of 7
§ 200.409 Special considerations.
§ 200.410 Collection of unallowable costs.
§ 200.411 Adjustment of previously negotiated indirect cost rates containing unallowable
costs.
Direct and Indirect Costs
§ 200.412 Classification of costs.
§ 200.413 Direct costs.
§ 200.414 Indirect costs.
§ 200.415 Required certifications.
Special Considerations for States, Local Governments and Indian
Tribes
§ 200.416 Cost allocation plans and indirect cost proposals.
§ 200.417 Interagency service.
§ 200.418 Costs incurred by states and local governments.
§ 200.419 Cost accounting standards.
General Provisions for Selected Items of Cost
§ 200.420 Considerations for selected items of cost.
§ 200.421 Advertising and public relations.
§ 200.422 Advisory councils.
§ 200.423 Alcoholic beverages.
§ 200.424 Alumni activities.
§ 200.425 Audit services.
§ 200.426 Bad debts.
§ 200.427 Bonding costs.
§ 200.428 Collections of improper payments.
§ 200.429 Commencement and convocation costs.
§ 200.430 Compensation—personal services.
§ 200.431 Compensation—fringe benefits.
§ 200.432 Conferences.
§ 200.433 Contingency provisions.
§ 200.434 Contributions and donations.
§ 200.435 Defense and prosecution of criminal and civil proceedings, claims, appeals and
patent infringements.
§ 200.436 Depreciation.
§ 200.437 Employee health and welfare costs.
§ 200.438 Entertainment and prizes.
§ 200.439 Equipment and other capital expenditures.
§ 200.440 Exchange rates.
§ 200.441 Fines, penalties, damages and other settlements.
2 C.F.R. Part 200
Exhibit L - Page 4 of 7
§ 200.442 Fundraising and investment management costs.
§ 200.443 Gains and losses on the disposition of depreciable assets.
§ 200.444 General costs of government.
§ 200.445 Goods or services for personal use.
§ 200.446 Idle facilities and idle capacity.
§ 200.447 Insurance and indemnification.
§ 200.448 Intellectual property.
§ 200.449 Interest.
§ 200.450 Lobbying.
§ 200.451 Losses on other awards or contracts.
§ 200.452 Maintenance and repair costs.
§ 200.453 Materials and supplies costs, including costs of computing devices.
§ 200.454 Memberships, subscriptions, and professional activity costs.
§ 200.455 Organization costs.
§ 200.456 Participant support costs.
§ 200.457 Plant and security costs.
§ 200.458 Pre-award costs.
§ 200.459 Professional service costs.
§ 200.460 Proposal costs.
§ 200.461 Publication and printing costs.
§ 200.462 Rearrangement and reconversion costs.
§ 200.463 Recruiting costs.
§ 200.464 Relocation costs of employees.
§ 200.465 Rental costs of real property and equipment.
§ 200.466 Scholarships, student aid costs, and tuition remission.
§ 200.467 Selling and marketing costs.
§ 200.468 Specialized service facilities.
§ 200.469 Student activity costs.
§ 200.470 Taxes (including Value Added Tax).
§ 200.471 Telecommunication and video surveillance costs.
§ 200.472 Termination and standard closeout costs.
§ 200.473 Training and education costs.
§ 200.474 Transportation costs.
§ 200.475 Travel costs.
§ 200.476 Trustees.
Subpart F Audit Requirements
2 C.F.R. Part 200
Exhibit L - Page 5 of 7
Appendix I to Part 200
Full Text of Notice of Funding Opportunity
Appendix II to Part 200
Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards
Appendix III to Part 200
Indirect (F&A) Costs Identification and Assignment, and Rate
Determination for Institutions of Higher Education (IHEs)
Appendix IV to Part 200
Indirect (F&A) Costs Identification and Assignment, and Rate
General
§ 200.500 Purpose.
Audits
§ 200.501 Audit requirements.
§ 200.502 Basis for determining Federal awards expended.
§ 200.503 Relation to other audit requirements.
§ 200.504 Frequency of audits.
§ 200.505 Remedies for audit noncompliance.
§ 200.506 Audit costs.
§ 200.507 Program-specific audits.
Auditees
§ 200.508 Auditee responsibilities.
§ 200.509 Auditor selection.
§ 200.510 Financial statements.
§ 200.511 Audit findings follow-up.
§ 200.512 Report submission.
Federal Agencies
§ 200.513 Responsibilities.
Auditors
§ 200.514 Standards and scope of audit.
§ 200.515 Audit reporting.
§ 200.516 Audit findings.
§ 200.517 Audit documentation.
§ 200.518 Major program determination.
§ 200.519 Criteria for Federal program risk.
§ 200.520 Criteria for a low-risk auditee.
Management Decisions
§ 200.521 Management decisions.
2 C.F.R. Part 200
Exhibit L - Page 6 of 7
Appendix V to Part 200
State/Local Governmentwide Central Service Cost Allocation
Plans
Appendix VI to Part 200
Public Assistance Cost Allocation Plans
Appendix VII to Part 200
States and Local Government and Indian Tribe Indirect Cost
Proposals
Appendix VIII to Part 200
Nonprofit Organizations Exempted From Subpart E of Part 200
Appendix IX to Part 200
Hospital Cost Principles
Appendix X to Part 200
Data Collection Form
Appendix XI to Part 200
Compliance Supplement
Appendix XII to Part 200
Award Term and Condition for Recipient Integrity and
Performance Matters
Determination for Nonprofit Organizations
2 C.F.R. Part 200
Exhibit L - Page 7 of 7
Exhibit M- Page 1 of 1
Exhibit M
Federal Treasury Provisions
Reserved