agenda city council regular meeting · 5. approval of agenda 6. consent agenda ... and resume...
TRANSCRIPT
AGENDA City Council Regular Meeting
September 17, 2019 - 7:00 PM.
An informational packet containing all agenda material is available for public inspection on our website at www.cityofevans.org. The agenda is posted on the bulletin board adjacent to the Council Chambers.
1. CALL TO ORDER
2. PLEDGE
3. ROLL CALL
Mayor: Brian Rudy Mayor Pro-Tem: Mark Clark Council: Alicia Johnson Laura Speer Tammy Mortenson Amanda Castle Fred Neal
4. AUDIENCE PARTICIPATION
The City Council welcomes you here and thanks you for your time and concerns. If you wish to address the City Council, this is the time set on the agenda for you to do so. When you are recognized, please step to the podium, state your name and address then address City Council. Depending on the number of speakers on any given topic, your comments may be limited to two (2) minutes. The City Council may not respond to your comments this evening, rather they may take your comments and suggestions under advisement and your questions may be directed to the appropriate staff person for follow-up. Thank you!
5. APPROVAL OF AGENDA
6. CONSENT AGENDA
The consent agenda is reserved for matters which are considered to be routine and uncontroversial. Any item may be removed from the consent agenda and placed on the regular agenda at the request of the Mayor or a City Council member.
A. Approval of the September 3, 2019 City Council Meeting Minutes
7. NEW BUSINESS A. Consideration of the Development Agreement for Hunter’s Reserve – First
Filing, Replat B
If you would like to address City Council, please place your name on the sign-up sheet
located at the back of the City Council Chambers. You will be recognized to speak during the
"audience participation" portion of the agenda.
B. Consideration of Award of Bid: 2019 Asphalt Treatment Project
C. Consideration of Award of Bid: 2019 Wastewater Treatment Plant Lagoon Dewatering
D. Resolution No. 20-2019 – Resolution Authorizing the Sale of City Property According to the City Asset Disposal Policy
8. REPORTS
A. City Manager
B. City Attorney
9. AUDIENCE PARTICIPATION (general comments)
Please review the Audience Participation section listed at the beginning of the agenda for procedures on addressing City Council.
10. ADJOURNMENT
CITY OF EVANS – MISSION STATEMENT
“To deliver sustainable, citizen-driven services for the health, safety, and welfare of the community.”
It is the policy of the City of Evans that all programs and activities shall be accessible to, and usable by, persons with disabilities. Persons needing assistance shall contact the Safety & Risk Management Manager at the City of Evans. Please provide three to five business day’s advance notice so we can adequately meet your needs.
CITY COUNCIL AGENDA REPORT
DATE: September 17, 2019
AGENDA ITEM: 6.A
SUBJECT: Approval of the September 3, 2019 City Council Meeting Minutes
PRESENTED BY: Karen Frawley, City Clerk
AGENDA ITEM DESCRIPTION: Approval of minutes
FINANCIAL SUMMARY: N/A
RECOMMENDATION: N/A
SUGGESTED MOTIONS: “I move to approve the minutes as presented.”
ATTACHMENTS: September 3, 2019 City Council Meeting Minutes
MINUTES City Council Regular Meeting
September 03, 2019 - 7:00 PM.
1. CALL TO ORDER Mayor Rudy called the meeting to order at 6:59 p.m.
2. PLEDGE
3. ROLL CALL
Mayor: Brian Rudy Mayor Pro-Tem: Mark Clark Council: Alicia Johnson - Absent Tammy Mortenson
Laura Speer Amanda Castle - Absent Fred Neal
4. RECOGNITIONS A. Chief’s Citation and Recognition of Inter-Departmental Collaboration in
Arresting a Serial Graffiti Suspect Rick Brandt, Chief of Police, presented Chief’s Citations to Andrew Pendergraft, Efren Rodriguez, Cody Thomasson, Officers Todd Ediger, Troy McDaniel, Jason Schissler, and Jason Peppas.
5. AUDIENCE PARTICIPATION Patricia Ulrich at 1720 32nd Street Unit 25, Evans addressed the Council about an update and status of her noise and traffic complaints on intersection of 32nd Street and 17th Avenue. Chief Brandt stated that they have increased police presence in the area and are working on getting the speed trailer parked out there.
6. APPROVAL OF AGENDA
Mayor Pro-Tem Clark made the motion, seconded by Council Member Speer to approve the agenda as presented. The motion passed with all voting in favor thereof.
7. CONSENT AGENDA
A. Approval of the August 20, 2019 City Council Meeting Minutes
Mayor Pro-Tem Clark made the motion, seconded by Council Member Neal to approve the consent agenda as presented. The motion passed with all voting in favor thereof.
8. NEW BUSINESS A. Consideration of Agreements Necessary for Implementation of Tuscany Non-
Potable Irrigation Project Mr. Becklenberg informed the Council that the item before Council is action items that the Council needs to consider if they want to move forward with the project. This project if it is moved forward, would conserve approximately one-hundred-acre foot of water. The total cost of the project is around 1.3 million dollars for the land acquisition, site cleanup, design of the system, construction of the system, water carriage to the site, and also long-term water acquisition to make the system whole. Mayor Pro-Tem Clark stated that he has concerns taking $133,000 out of a park fund to save them a little amount of money for a small park that will possibly benefit the entire city but will probably be used by many residents of Tuscany. Council Member Speer inquired as to what type of park. Mr. Becklenberg responded that it would be native grass that would be mowed three to four times per year. Council Member Speer stated that under item nine in the terms of conditions of the carriage agreement, it says that it shall be for a period of one year and shall be extended by periods of one year unless notification is provided, what happens if the carriage is terminated by the owner, how are we going to get water to our people? Mr. Becklenberg stated that we would have to construct a pipe, also Mr. Weideman has expressed interest in selling the pipe and the project budget does include $50,000 for potential cost for either carriage or purchase of that pipe. Council Member Speer asked if Mr. Weideman decided to sell his property, if this agreement would be transferrable. Scott Krob, City Attorney, stated that the agreement is assignable but would not automatically transfer. Mayor Rudy asked if there was discussion on making the carriage agreement longer than a one-year contract. Scott Krob stated that if you go longer than a one-year, you would run into TABOR issues. Council Member Mortenson asked how much notice we would get if after the year they wanted to not continue the agreement? Mr. Becklenberg stated that they have to give us ten-months prior to the next termination date. Mayor Rudy asked if in that ten-months if that is enough time to get our pipe in the ground if needed? Mr. Becklenberg stated that it would be tight, but we would get it done and resume service as soon as we could. If it were a number of months, we would still have access to the potable system for a temporary period. Council Member Speer asked if it is legal to bring the water in and held in a
pond. Scott Krob stated that Doug Sealy looked at it from the engineering perspective and they said the uses we are proposing are permissible. Council Member Speer asked if during the winter months of non-potable usage if the pond would then be dry? Mr. Becklenberg stated that yes it would be, however there will still be stormwater. Council Member Neal stated that even though all parties involved are not happy, it has been fifteen years and it needs to be completed and done. Mayor Pro-Tem Clark made the motion, seconded by Council Member Neal to approve the purchase agreement with DG Holdings for Tuscany Tract O in the amount of $257,000 and authorize the Mayor to sign the purchase agreement and the City Manager to sign all subsequent documents to complete the transaction, to approve the purchase agreement with DG Holdings for Seven Lakes Water share # 1288 in the amount of $90,000 and authorize the Mayor to sign the purchase agreement and the City Manager to sign all subsequent documents to complete the transaction, and to approve and authorize the Mayor to sign the water carriage agreement with Mike Weideman for carriage of the City’s water to Tract O for the Tuscany non-potable irrigation system. The motion passed with all voting in favor thereof.
B. Public Hearing – New Beer and Wine (City) License for Sahara Nights at 3313 35th Avenue, Evans Mayor Rudy opened the public hearing at 7:44 p.m. Mr. Becklenberg informed the Council that this is one of the City’s duties spelled out in the municipal code. The City Clerk manages the process and will present on this item. Karen Frawley, City Clerk, presented on the liquor license application. Mayor Rudy stated that he does know the applicant because he owns a business and the applicant owns the business right next door. Stating that he does know him, it will not affect any decision he makes and wants to ask anyone in the audience if they wish him to recuse himself, no one came forward. Mayor Rudy asked if there was anyone in attendance supporting or opposing this item, no one came forward. Mayor Rudy closed the public hearing at 7:47 p.m. Council Member Speer made the motion, seconded by Mayor Pro-Tem Clark to approve the Beer and Wine (City) License for Sahara Nights, located at 3313 35th Avenue in Evans Colorado. The motion passed with all voting in favor thereof.
9. REPORTS A. City Manager
Mr. Becklenberg informed the Council that he wants to announce publicly and start the promotion for Evans inaugural State of the City Address event planned for September 26th at 7:30 a.m. The event being jointly sponsored by the City of Evans and the Chamber of Commerce. The event will take place at the Riverside Library and Cultural Center. It is intended to be an opportunity for the Mayor to give an update to the business community and the rest of the community on the work that Evans is doing, talk about accomplishments, upcoming plans, and continue to build the relationship with the community. There will also be a unique volunteer opportunity taking shape that will take place on September 11th. There will be fifteen AmeriCorps volunteers that will be assisting with a volunteer project that will be assisting first responders. The Vista volunteers will be removing brush from the West end of Riverside Park.
B. City Attorney Mr. Scott Krob informed the Council that if there is anything in light of the legislative update that was discussed at the work session in terms of additions to the Evans code, let them know. They are spending a lot of time on development agreements, and in the EQR Advantage Bank case, there has been a lull and he doesn’t anticipate anything happening there for a couple of months.
10. AUDIENCE PARTICIPATION (GENERAL COMMENTS)
There was no audience participation.
11. ADJOURNMENT The meeting was adjourned at 7:51 p.m.
CITY COUNCIL AGENDA REPORT
DATE: September 17, 2019
AGENDA ITEM: 7.A
SUBJECT: Consideration of the Development Agreement for
Hunter’s Reserve – First Filing, Replat B
PRESENTED BY: James L. Becklenberg, City Manager
Randy L. Ready, Public Works & Comm. Development Director
Savanah Benedick-Welch, Interim Senior Planner
AGENDA ITEM DESCRIPTION:
On July 23, 2019 the Department of Public Works administratively approved the Final Plat for
Hunter’s Reserve – First Filing, Replat B (Attachment “A”). The proposal includes a division of
previously platted Tract 2 into 6 lots for single-family residential construction. The original
Hunter’s Reserve plat included this property as an outlot that was unbuildable due to the existence
of an oil well that had been operational. The applicant provided adequate documentation from
the COGCC indicating that the oil well has been plugged and abandoned properly and is no longer
active. Therefore, the six lots on Tract 2 have become buildable and the developer wishes to
proceed with the construction of six single-family homes. The new lots are accessed from existing
streets in the subdivision and minimal public infrastructure improvements are needed.
The final step of the approval process includes City Council review and approval of the
Development Agreement associated with this project. The Development Agreement outlines the
on and off-site improvements and legal requirements associated with developing the property.
This report summarizes the major points of the Hunter’s Reserve – First Filing, Replat B
Development Agreement which has been jointly drafted by the City of Evans and the Developer
along with consultation from the City Attorney and the Developer’s attorney.
1. Term of the agreement: 3 years.
2. Improvements: The agreement outlines the description of improvements, engineer’s cost
estimates of public improvements, and a schedule of completion. The improvements
associated with this development primarily include water and sewer line improvements,
minimal road improvements, and raw water dedication.
3. Developer’s obligations to construct improvements: The agreement states that it is the
developer’s responsibility to design, construct and install all improvements outlined in the
agreement.
FINANCIAL SUMMARY:
The developer will provide a performance guarantee to the City to ensure that all public
improvements are constructed properly with a two-year warranty period.
RECOMMENDATION: Staff recommends that the City Council approve the Hunter’s Reserve – First Filing, Replat B
Development Agreement and authorize the mayor to sign the Development Agreement.
SUGGESTED MOTIONS: “I move to approve the Hunter’s Reserve – First Filing, Replat B Development Agreement and
authorize the mayor to sign the Development Agreement.”
“I move to deny the Hunter’s Reserve – First Filing, Replat B Development Agreement and do
NOT authorize the mayor to sign the Development Agreement.”
ATTACHMENTS: Attachment A – Final Plat Attachment B – Hunter’s Reserve - First Filing Replat B Development Agreement with
Exhibits
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DEVELOPMENT AGREEMENT
Hunter’s Reserve First Filing, Replat B
THIS AGREEMENT is made and entered into this _____ day of ____, 20__.
1. Parties
The parties to this Agreement are the City of Evans, a Colorado home rule
municipality (“the City”) and Terra Firma Land Works, LLC a Colorado limited liability
company (“Developer”).
2. Recitals
a. Developer is the owner of certain real property located in the City of Evans,
Colorado, described on Exhibit "A" (Legal Description) attached hereto and incorporated
herein (the “Property”)
b. Developer submitted to the City an application for a Minor Replat to be
known as Hunter’s Reserve First Filing, Replat B and shown on the Plat, (“the Plat”)
attached as Exhibit B;
c. The Development subject to this Agreement shall be titled Hunter’s
Reserve First Filing, Replat B. The Development is an approximately 1.46-acre site
located in the area depicted on Exhibit B. The Developer contemplates the Development
will be used for single-family residential uses.
d. Developer acknowledges that approval of the plat along with the
subsequent use of the Property will directly impact existing infrastructure and generate
the need for both on-site and off-site improvements.
e. The City approved the Final Plat with conditions on June 25, 2019.
f. The Final Plat has been recorded with the Weld County Clerk and Recorder
at Reception __________;
g. Development of the Property will necessitate providing infrastructure
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improvements and public services, and will contribute to the economic growth of the City,
and will increase future tax revenues received by the City.
NOW, THEREFORE, in consideration of the premises, mutual covenants and obligations
contained herein, the sufficiency of which is acknowledged, the parties mutually agree as
follows:
3. Definitions
As used in this Agreement, unless specifically stated otherwise, the words and
phrases used shall have the meaning as defined in the City Code. For the purpose
of this Agreement the following words and phrases shall have the definitions
provided for below:
a. The term “Agreement” refers to this Development Agreement.
b. The term “City Code” refers to the Municipal Code of the City of Evans, as
adopted and as amended from time to time by the City Council.
c. The term “City Official” refers to and includes the City Manager, City
Attorney, City Treasurer, Public Works Director, Community Development
Director, and their designated representatives.
d. The term “Developer” initially refers to Terra Firma Land Works, LLC, its
agents, representatives, or any other party authorized by the City of Evans to
provide services, construction, or maintenance of any Improvements, as well
as any entity that subsequently acquires a fee simple interest of record in any
portion of the Property as a transferee, grantee, assignee or successor of Terra
Firma Land Works, LLC. “Developer” shall include, collectively, all of the
foregoing persons or entities, all of whom shall be jointly and severally liable
for the obligations and liabilities of the Developer to the extent such liability
relates to the portion of the Property they purchase or otherwise obtain.
Notwithstanding the foregoing, the term “Developer” shall not include (1)
purchasers of individual subdivided lots or individual residential lots or units
or individual non-residential space in an approved Final Plan or Final Plat or
(2) holders of a security interest in the Property or a portion thereof.
e. The term “Development” refers to the overall plan of the Developer to
develop the Property.
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f. The Term “Improvements” refers to the improvements more particularly
described in Exhibit C, that the Developer is obligated to design, construct,
and install at Developer’s sole cost in connection with the development of
the Property.
g. The term “Plans and Specifications” shall refer to the engineering and design
documents that have been reviewed and approved by the City in connection
with the Development and are denoted as Construction Plans for Hunter’s
Reserve First Filing, Replat B, dated 8/12/2019, which includes Sheets C1.0-
C8.0.
4. Effect of Agreement
a. Effective date. The effective date of this Agreement shall be
______________, 2019.
b. This Agreement and the other provisions incorporated as part of the Plat are
intended to prescribe a general plan for the use and development of the
Property. However, except as expressly provided herein and in the Plat, they
do not supplant the City’s land use regulations and other ordinances and
regulations as they relate to the Property and shall not be construed to limit
the authority of the City to adopt different ordinances, resolutions,
regulations, rules, policies or codes so long as they apply throughout the City
uniformly or to classes of individuals or properties uniformly.
c. The provisions of this Agreement, the Plat, and Plans and Specifications
reflect the requirements of the City’s utilities as of the effective date of the
Agreement. These provisions shall not be construed as a limitation upon the
authority of the City to adopt different ordinances, rules, regulations,
resolutions, policies or codes which change the charges or costs for any
service or class of service or any other charges so long as they apply
throughout the City uniformly or to the class of service uniformly or to all
users of a particular utility system, such as a particular water system or sewer
system, uniformly.
d. Except as otherwise expressly provided in this Agreement or the Plat, the
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establishment of vested property rights under this Agreement shall not
preclude the application on a uniform and non-discriminatory basis of City
regulations of general applicability (including, but not limited to, building,
fire, plumbing, electrical and mechanical codes) as all of such regulations
exist on the date of this Agreement or as they may be enacted or amended
after the date of this Agreement. The Developer does not waive its right to
oppose the enactment or amendment of any such ordinance, resolution or
regulation on the same basis that any other member of the public could
present such opposition.
5. Term of Agreement
The term of this Agreement shall be three (3) years from the effective date. After the
expiration of the term, this Agreement shall be deemed terminated and of no further force
and effect; provided, however, such termination shall not affect (a) any vested rights
obtained prior to such termination and contemplated to continue after such termination; or
(b) any right arising from City permits, approvals or other entitlements for the Property
which were granted or approved prior to, concurrently with, or subsequent to the approval
of this Agreement and that were contemplated to continue after termination of this
Agreement.
6. Vested Rights
a. Sections 24-68-101, et seq., C.R.S. , (“the Vested Rights Statute”), provides
for the establishment of vested property rights in order to ensure reasonable
certainty, stability, and fairness in the land use planning process and in order
to stimulate economic growth, secure the reasonable investment-backed
expectations of landowners, and foster cooperation between the public and
private sectors in the area of land use planning. The Vested Rights Statute
has been implemented by the City through the procedures set forth in
Sections 18.01.100, et seq., of the City Code.
b. Pursuant to the provisions of the Vested Rights Statute and Sections
18.01.100, et seq., of the City Code, the parties find that the Plat is a site
specific development plan for the purposes of developing the Property,
vesting in the Developer the right to develop the Property in the manner
depicted in the Plat.
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c. The vested rights associated with the Development, as set forth in this
Section 6, shall run with the land and shall remain in effect throughout the
term of this Agreement. No other vested rights are created or intended to be
created by this Agreement, the Plat, or any of the other documents relating
to the Property. Upon expiration or termination of this Agreement all vested
rights shall expire, except as otherwise specifically provided by Section 5,
above.
d. Any provisions of this Agreement or the Plat to the contrary notwithstanding,
the City reserves the right to declare a moratorium upon a reasonable finding
by the City Council that such moratorium is necessary to protect the public
health, safety or welfare, but a moratorium cannot be declared with respect
to the Development for planning purposes.
e. The City finds the three (3) year duration of such vested property rights to be
warranted in light of all relevant circumstances, including, but not limited to,
the substantial size of the Property, the scale and phasing of the
Development, economic cycles and market conditions.
7. Improvements. The public improvements associated with the development of the
Property are described in Exhibit C, Developer Improvements, (“the “Improvements”).
Exhibit C includes but is not limited to (1) description of Improvements, (2) Engineer’s
estimate of probable costs of Improvements, (3) Schedule of completion of Improvements,
and (4) Improvements Map. From time to time and upon the City’s request, Developer
agrees to keep the City informed of the progress of its work and provide a projection of
when Improvements will be installed as well as the approximate cost of the remaining
Improvements.
8. Developer’s Obligations To Construct Improvements. Developer shall design,
construct and install at its own expense, the Improvements on or before the Estimated
Completion Date set forth in Exhibit C, subject to extension as provided for delays due to
Force Majeure. Construction of the Improvements shall be in substantial and material
conformance with the Plans and Specifications, as reviewed and approved by the Public
Works Director or a designated representative, and shall be in compliance with all policies,
ordinances, standards and specifications adopted by the City relating thereto in effect at the
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time of such construction. The City’s review and approval of the Plans and Specifications
shall not impose any liability on the City and shall not limit or affect Developer’s
responsibility or liability for design, construction and installation of the Improvements.
Developer agrees to save and hold the City harmless from any claims, fault or negligence
attributable to such design, construction and installation.
a. Acquisition of rights-of-way and easements. Before commencing the
construction of any Improvements the Developer shall acquire, at its own
expense, good and sufficient rights-of-way or easements, clear of any
encumbrances except permitted encumbrances to which the City has
consented in advance and in writing, on all lands and facilities, if any,
traversed by the Improvements.
b. Operation Standards during construction
1) Hours of operation of construction equipment. The operation of
construction equipment outside an enclosed structure (i.e. grading, other
surface improvements, underground utilities, either public or private) shall be
prohibited between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and 4:00
p.m. and 8:00 a.m. on legal holidays and weekends. In situations of need, and
upon written request, the hours of operation may be altered by the Public
Works Director.
2) Debris in public rights-of-way. The Developer shall, at all times, keep
the public right-of-way free from accumulation of waste material or rubbish
caused by its operation. Developer shall remove such rubbish no less than
weekly and, at the completion of its work, shall remove all waste materials,
rubbish, tools, construction equipment, machinery, and surplus materials from
the public right-of-way caused by its operation.
3) Erosion control requirements. Developer shall install temporary and
permanent erosion control in the Development to control erosion by both wind
and water. Developer shall maintain said erosion controls on a routine basis.
By way of explanation and without limitation, said control may consist of
seeding of approved grasses, temporary dikes, gabions and/or other devices.
In the event that the Developer fails to perform erosion control maintenance,
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Developer shall have 20 days upon receiving written notice to bring the
Development into compliance.
4) Other nuisance mitigation. Developer shall mitigate any nuisance
caused by construction activities in connection with development of the
Property, including but not limited to noxious odors, excessive dust,
particularly on days with high winds, and artificial light intrusion.
5) Standards for subcontractors. Developer hereby agrees that it shall
require its subcontractors to comply with the operations standards as set forth
in this Section, including but not limited to cooperating with the City’s
construction inspectors, and ceasing operations when winds are of sufficient
velocity to create blowing dust which, in the inspector’s opinion, is hazardous
to the public health and welfare.
6) Remedies for failure to comply with operation standards. Failure to
comply with the Operation Standards set forth in this Section shall be sufficient
cause for the City to withhold building permits and/or certificates of occupancy
or other approvals or permits until corrected to the satisfaction of the Public
Works Director or designee.
9. Development standards. Developer shall comply with all applicable standards
related to the following items as reflected in the Plans and Specifications and Exhibit C-
1, Description of Improvements:
a. Water and sewer line improvements.
b. Road improvements.
c. Raw Water Dedication: Potable water rights for indoor use shall be dedicated
to the City in accordance with Chapter 13.08 of the Evans Municipal Code
prior to issuance of building permits. Referencing the Table of Equivalent
Residential Units (EQRs) as amended by City of Evans Resolution 25-2017,
the Hunter’s Reserve Tract 2 EQR requirements are as follows:
The development as proposed has six (6) single-family lots. This requires six (6) EQRs.
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NO. Facility/Activity to be Served EQR Units Total EQRs
Required
(1)
Each Dwelling unit, having not more
than 2,500 square feet of irrigated area 1.00 6 6
10. Security For Construction of Improvements. The Developer’s construction and
completion of the Improvements shall be assured by Developer providing a Performance
Guarantee in the amount of 115% of the estimated cost of the Improvements prior to the
earlier of (1) issuance of the first permit associated with the Development or (2)
commencement of work on the Property. The Performance Guarantee shall consist of a
Letter of Credit or bond in a form deemed acceptable by the City Attorney. The Developer
shall have no direct or indirect ownership or managerial control over the entity issuing any
Performance Guarantee. In the event that prior to the City’s initial acceptance of the
Improvements, the Performance Guarantee should expire or the entity issuing the
Performance Guarantee becomes non-qualifying or the cost of the Improvements is
reasonably determined by the City to be greater than the amount of the security provided,
then the City shall furnish the Developer with written notice of such condition, and within
fifteen (15) days of receipt of such notice the Developer shall provide the City with a
substituted qualifying Performance Guarantee or augment the deficient security to achieve
115% of the cost of the Improvements If such Performance Guarantee is not timely
furnished, then development activities including but not limited to the issuance of building
permits and certificates of occupancy, may be suspended by the City pending compliance
with the provisions of this Section.
11. Testing and inspection.
Developer shall employ (at its own expense) a qualified independent testing company to
be approved by the Public Works Director or a designated representative in its reasonable
discretion, to perform all testing of materials or construction that may be reasonably
required by the City. Developer shall furnish certified copies of test results to the Public
Works Director and, upon request by the Public Works Director, release and authorize full
access to the Public Works Director of all work-up materials, procedures and documents
used in preparing the test results.
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At all times during construction of the Improvements and until final acceptance by the City,
the City shall have the right, but not the duty, to inspect materials and workmanship utilized
for the Improvements at Developer’s cost, provided the City’s inspector is accompanied
by Developer or its designated representative. All materials and work must conform to the
approved Plans and Specifications and all applicable regulations. Any material or work not
conforming to the Plans and Specifications or other applicable regulations shall be
promptly removed, repaired or replaced, at Developer’s expense and to the reasonable
satisfaction of the Public Works Director.
12. Initial Acceptance of Improvements. Developer shall make written application to
the Public Works Director for initial acceptance of the Improvements (“Initial
Acceptance”) within 30 days of their completion. Such Improvements will be described
on a "Developer's Contribution Worksheet" provided by the City Engineer. The Developer
shall be responsible for the accuracy and completeness of all information provided. The
affidavit, lien waivers and other materials may be reviewed by the City, but the City
assumes no responsibility or liability to or for anyone regarding the veracity of the
information so provided. Developer’s application for initial acceptance shall be
accompanied by the following information and materials:
a. As Built Drawings: One (1) set of surveyed Mylar and one digital/CAD file of the
“as built” drawings, certified as to accuracy by the Developer or its architect or
Engineer;
b. Engineer's Certification: Written certification by the Developer’s Engineer that
the Improvements have been fully constructed and installed in substantial
conformance with the Plans and Specifications;
c. Cost Affidavit: A final affidavit of the Improvements’ construction cost including
verification reasonably satisfactory to the City Public Works Director;
d. Improvements Affidavit: Developer shall provide a signed affidavit that the
Improvements have been paid for in full;
e. Lien Waivers: Developer shall provide lien waivers from its general contractor
and from all subcontractors, suppliers and materialmen who have furnished
labor, material or services for the Improvements.
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After the receipt of Developer’s written application for initial acceptance, the Public Works
Director (or a designated representative) will use reasonable efforts to promptly inspect the
Improvements and prepare a detailed written description of all Improvements that are not
in compliance with the requirements of the City or the Plans and Specifications and deliver
that description to the Developer. After curing such defects as are noted on the written
statement provided by the Public Works Director to the Developer, the Developer shall
make written application to the City for re-inspection of the Improvements, and the Public
Works Director will use reasonable efforts to promptly re-inspect such Improvements. No
Improvements shall be deemed to be initially accepted by the City until the Public Works
Director has certified, in writing, that the Improvements appear to have been completed in
accordance with the applicable Plans and Specifications. This shall then constitute Initial
Acceptance.
13. Warranty period for Improvements Following Initial Acceptance.
Developer shall remain fully responsible for maintenance, repairs, and replacement of the
Improvements for a period of two (2) years after their Initial Acceptance by the City. If
any of the Improvements fail or are in need of repair or replacement, such failed, repaired,
or replaced portions shall be replaced with similar Improvements deemed satisfactory by
the Public Works Director in the exercise of his reasonable discretion and the two-year
warranty shall begin anew as to the repaired or replaced Improvement upon completion by
the Developer, and inspection and approval by the Public Works Director, and the
Maintenance Guarantee shall remain in place during such extended warranty period.
14. Maintenance Guarantee During Warranty Period. Developer’s application for
Initial Acceptance shall be accompanied by a Maintenance Guarantee in a form deemed
acceptable to the City in the amount of fifteen percent (15%) of the total costs of the
Improvements. The Maintenance Guarantee shall be subject to the same conditions as
those set forth for the Performance Guarantee. Until Final Acceptance of the
Improvements by a Certificate of Completion reviewed and approved by the Public Works
Director Developer agrees that (a) the Maintenance Guarantee shall not be released; and
(b) the Developer shall bear all risks and liability related to any loss, damage, or claims
due to defects or failures of any of the Improvements; and (c) the Developer shall perform
all maintenance and make all repairs and replacements of all defects or failure of
Improvements at Developer’s expense which, in the reasonable opinion of the Public
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Works Director, may be necessary. If, within fifteen (15) days after the Developer’s receipt
of written notice from a City Official requesting such reasonably required maintenance,
repairs, and/or replacements of the Improvements, the Developer shall not have undertaken
with due diligence to make same, the City, after providing written notice to Developer,
may make such maintenance, repairs, and/or replacements at the Developer’s expense. The
City shall be entitled to draw upon the Maintenance Guarantee, either before undertaking
to make such repairs or at any time thereafter, or the City may charge the Developer for
the costs thereof if such charges are not paid by the Maintenance Guarantee. In case of
emergency, such written notice shall be waived and the City may proceed as it reasonably
deems necessary, at the expense of the Developer or the issuers of the Maintenance
Guarantee.
15. Final Acceptance of Improvements. The Developer shall make a written request
to the Public Works Director (or a designated representative) for a final inspection of the
Improvements no sooner than two (2) years after the City’s Initial Acceptance of all of the
Improvements for such Phase of Development. Upon receipt of such request the City may,
but shall not be obligated to, conduct a final inspection of the Improvements. If the
Developer fails to have the Improvements finally accepted as provided in this Section
within two years and six months after the City’s Initial Acceptance, the City shall have the
right, but not the obligation, at any time thereafter to conduct a Final Inspection of the
Improvements. If, pursuant to a final inspection requested by the Developer or initiated by
the City, any Improvement is found to not conform to this Agreement, the Plans and
Specifications, or other applicable regulation or requirement, then the City shall have the
rights set forth in this Agreement to remedy such defects. Nothing herein shall be construed
or deemed as requiring the City to finally accept and release from the Maintenance
Guarantee any Improvement that is defective or damaged. After receipt of satisfactory
evidence that the Improvements fully conform to this Agreement, the Plans and
Specifications, all applicable regulations and requirements, and that all of the maintenance,
repairs, and replacements reasonably requested by City Officials pursuant to the terms of
this Agreement have been completed to the reasonable satisfaction of the City, the Public
Works Director shall issue a Certificate of Completion, evidencing completion and Final
Acceptance of such Improvements. The Maintenance Guarantee provided by the Developer
shall be released after the Final Acceptance of all of the Improvements has been granted
and the Certificate of Completion has been issued by the City.
12
16. Conveyance of rights-of-way, easements and improvements to City. All rights-
of-way and easements associated with development of the Property, and the Improvements
shall be conveyed to the City at the time of initial acceptance. The documents of
conveyance shall be in a form acceptable to the City and shall be furnished to the Public
Works Director or their designee for recording. Developer shall reimburse the City for all
costs of recording. At the City’s request, the Developer shall provide, at its expense, a
policy of title insurance insuring title in the City, free and clear of all liens and
encumbrances, for all land, property, and easements dedicated or conveyed (except those
easements that do not affect the City’s use of the property) to the City or for public use.
17. Commitments to Serve From Service Providers. Prior to commencement of
construction, Developer shall provide will serve letters or other evidence deemed
acceptable by the City’s Director of Public Works, indicating the willingness and ability of
service providers to supply their respective services to the Development in an amount
reasonably needed for the Development, including but not limited to water, waste water,
electrical, and natural gas service.
18. Developer Dedications and Impact fees. Developer shall comply with the City
Code regarding dedication of impact fees, including but not limited to Section 3.20.010, et
seq.
19. Owners’ Association The newly created lots for this development will be absorbed
into the existing Hunter’s Reserve HOA.
20. Additional Developer Obligations. In addition to its obligations related to the
Improvements, Developer further agrees to fulfill its obligations with regard to the items
and matters set forth in Exhibit E, attached.
21. Additional Developer Liabilities.
a. Indemnification. To the extent permitted by law, Developer hereby agrees to
indemnify and hold the City, City Officials, its employees, agents, representatives, and
insurers (collectively, “City Parties”) harmless from and against any and all suits, demands,
actions, damages, liability, losses, claims, fees, and expenses (including reasonable
attorney’s fees) resulting or arising in any way from any breach or default of this
Agreement or any acts or omissions of the Developer, its employees, agents, consultants,
13
representatives, or subcontractors except to the extent caused by negligence, gross
negligence or willful misconduct of the City or one or more City Parties. Developer shall
promptly investigate, handle, respond to and provide defense for and defend against any
such liability, claims, or demands at the sole expense of Developer. Developer also agrees
to bear all reasonable costs, expenses, and attorney’s fees related thereto whether or not
such liability, claims or demands are groundless, false or fraudulent unless they are caused
by negligence, gross negligence or willful misconduct of the City or one or more of its
officers, agents or employees.
b. Insurance. Developer shall (for itself and for its contractors, subcontractors,
representatives and agents engaged in the design, construction, or installation of
Improvements) maintain such liability insurance including general liability, contractors
liability, professional liability, comprehensive automobile liability, worker’s compensation
insurance and sufficient public liability insurance as will protect the City, City Officials,
City’s employees, agents and representatives against any and all potential liability, claims,
damage, demands, losses and expenses, that may be incurred or asserted. Liability
insurance shall be in the minimum amount of three hundred thirty thousand dollars
($330,000.00) for injury to one person, or nine hundred ninety-thousand dollars
($990,000.00) for injury to two or more persons in any single occurrence, or such greater
amounts as may be established by the Colorado Governmental Immunity Act, Sections 24-
10-101, et seq., C.R.S. as it may be amended. Whenever reasonably requested by City or
City Officials, the Developer agrees to submit certificates of insurance evidencing
sufficient amounts, types and duration of insurance and which show the City, City
Officials, its employees, agents, and representatives as additional insureds. Developer shall
not be relieved of any liability, claims, demands or other obligations assumed or set forth
in this Agreement by reason of its failure to procure or maintain such insurance, or by
reason of its failure to procure or maintain insurance in sufficient amounts, durations, or
types.
c. Drainage Liability. To the extent permitted by law, Developer shall indemnify and
hold the City harmless from any liability the City may have on account of any change in
the nature, direction, quantity or quality of drainage flow, resulting from the Development.
In addition, Developer shall reimburse the City for any and all costs, fees, and expenses,
including reasonable attorney’s fees, that the City incurs in acquiring any rights of way or
easements that the City deems necessary or is required to acquire or condemn or that the
14
City is held to have acquired or condemned for drainage or as a result of or relating in any
manner to the Development.
d. Tax Liability. Developer shall pay any outstanding taxes, encumbrances or
obligations on any property dedicated or conveyed to the City prior to or at the time of such
dedication or conveyance, and shall indemnify and hold the City harmless from any and
all encumbrances, obligations, or tax liability incurred prior to the dedication or
conveyance to the City.
e. Use Tax. Any and all use tax due on construction and building materials for public
facilities shall be paid as provided under Municipal Code including but not limited to
Section 3.04.200.
f. Cost Reimbursement to City. Developer shall reimburse City for all reasonable
costs incurred for professional consultants including but not limited to engineers, testing
companies, contractors, and attorneys reasonably used by the City in connection with the
preparation or implementation of this Agreement and in the review and processing of the
Application, as well as the design, construction, review, testing, completion, repair,
replacement, and approval of the Development.
22. Breach and Remedies
a. Breach of Agreement by Developer. If at any time this Agreement (or any part
hereof) has been materially breached by Developer or if satisfactory progress substantially
in accordance with Exhibit C, Developer Improvements, has not been made on the design,
construction, installation, repair, replacement or maintenance of the Improvements the City
may, after 30 days’ prior written notice to Developer or such additional period as may
reasonably be agreed to by the City in writing in light of the nature of the alleged breach,
draw on the Performance Guarantee or Maintenance Guarantee and the City may withhold
approval of any or all building permits, certificates of occupancy, water meters, or tap
hook-ups for any area within the Development, or other approvals or permits, if Developer
then fails to make reasonable progress as reasonably determined by the City, unless such
failure is caused by Force Majeure. Notwithstanding these rights and remedies, the City
may pursue whatever additional remedies it may have against Developer or anyone, either
at law, equity, or pursuant to this Agreement. The City’s remedies shall be cumulative.
15
b. Breach of Agreement by City. If at any time the Developer believes the City is in
breach of this Agreement, the Developer shall provide the City with 20 days prior written
notice. In the event the City fails to remedy the alleged breach within 20 days or such
additional period as may be necessary in light of the nature of the alleged breach, then the
Developer remedies are limited to specific performance of this Agreement and shall not
include any claim for damages or other monetary relief.
23. Miscellaneous.
a. No Waiver. Delays by the City or Developer in enforcement or the waiver of any
one or more breaches of this Development Agreement shall not constitute a waiver of any
of the remaining terms or obligations or any future breaches.
b. Severability. If any provisions or parts of this Agreement are judged to be
unenforceable or invalid, to the extent practicable, such judgment shall not affect, impair,
or invalidate the remaining parts of this Agreement, the intention being that the various
parts and provisions hereof are severable.
c. Recording of Agreement and Encumbrance on the Property. This Agreement shall
be recorded with the Weld County Clerk and Recorder at Developer’s expense and shall
be a covenant running with and against all the Property, property rights, and improvements
contained within the Development in order to put prospective owners, purchasers,
successors, assigns, and others acquiring any interest in the Property on notice as to the
terms and obligations herein.
d. Binding Effect. Unless otherwise provided herein, this Development Agreement
shall be binding upon Developer’s heirs, successors, assigns, transferees, and any other
person or entity acquiring or purchasing any interest in any part of the Property.
e. Transfer or assignment. In the event of a sale or transfer by Developer of any
portion of the Property, the seller or transferor and the purchaser or transferee shall be
jointly and severally liable for the performance of each of the obligations contained in this
Agreement unless, prior to the transfer or the sale, a written Agreement delineating and
allocating the various rights and obligations for the Improvements, has been approved and
executed by the City Council. Notwithstanding anything herein to the contrary, Developer
shall have the right to transfer and/or assign its rights and interests in this Agreement to
16
any entity that controls, is controlled by, or is under common control with Developer
without the approval of the City or City Council, provided the City is given written notice
within 10 days of such transfer.
f. Title and Authority. Developer expressly warrants and represents to the City that
it is the record owner of the Property and further represents and warrants that the
undersigned has full power and authority to enter into this Development Agreement.
Developer understands that the City is relying on the representations and warranties
contained herein, in its consideration of the application and in entering into this Agreement.
g. Notices. Any notice to Developer or the City, which may be given under the terms
of this Agreement, shall be in writing and shall be deemed sufficiently given on the third
(3rd) business day following the date such notice is sent by certified or registered U.S. Mail,
postage prepaid, return receipt requested, or as of the immediately following business day
after deposit with Federal Express or a similar overnight courier service that provides
evidence of receipt, addressed as follows:
TO CITY: TO DEVELOPER:
on: City Manager Attention: Jan Lacefield
1100 37th Street Terra Firma Land Works, LLC
Evans, CO 80620-2036 4133 15th Street Lane
Greeley, CO 80634
With a copy to With a copy to:
Scotty P. Krob Cameron Knapp
Krob Law Office LLC Drexel, Barrell & CO
8400 E. Prentice Ave, Penthouse 710 11th Avenue, Suite L-45
Greenwood Village, CO 80111 Greeley, CO 80631
Any party may change its notice address by providing the other party(ies) notice as set
forth in this section.
h. Force Majeure. Whenever a period of time is herein prescribed for an action
to be taken or performed by any Party, that Party will not be liable to so perform within
17
such time period due to, and there will be excluded from the computation of such period
of time, any delays due to, strikes, riots, acts of God, shortages of labor and materials, war,
or any other cause which is beyond the reasonable control of the Party required to take or
perform such action.
i. Cooperative drafting and Consultation with Attorney. This Agreement is the
product of a cooperative drafting effort by the City and the Developer and shall not be
construed or interpreted against either party solely on the basis that one party or its attorney
drafted this Agreement or any portion of it. Both parties acknowledge that they understand
this Agreement contains legal rights and obligations and further acknowledge that they
have had the opportunity to and have consulted with an attorney to the extent they desire
to do so.
j. Amendment. This Agreement cannot be modified or revoked except by an
instrument in writing signed by the City and the Developer or the then owner of the
Property or any portion thereof if there has been an assignment as it relates to the specific
Property.
k. No third party beneficiaries. Nothing expressed or implied in this Agreement
is intended or shall be construed to confer upon, or to give to, any legal person other than
the Parties, any right, remedy, or claim under or by reason of this Agreement or any
covenants, terms, conditions, or provisions thereof, and all of the covenants, terms,
conditions, and provisions in this Agreement by and on behalf of the Parties shall be for
the sole and exclusive benefit of the Parties. Nothing in this Agreement is intended to
interfere with the agreements of the Parties with third parties.
18
IN WITNESS THEREOF and agreeing to be fully bound by the terms of this Agreement the
parties have set their hands below on the dates indicated.
CITY OF EVANS
By:_____________________________
Brian Rudy, Mayor
ATTEST:
________________________________
Karen Frawley, City Clerk
TERRA FIRMA LAND WORKS, LLC
By: _____________________________________
STATE OF COLORADO )
)
COUNTY OF ____________ )
Acknowledged before me this _____ day of _______, 2019 by ______________, as
______ of __________________________, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires: ____________________________
(Seal) _____________________________________
Notary Public
19
Exhibits
A – Legal Description
B – Final Plat
C – Developer Improvements
C-1 – Description of Improvements
C-2 – Engineer’s estimate of probable costs of Improvements
C-3 – Schedule of completion of Improvements
D – Letter of Credit (or other form of Performance Guarantee)
20
Exhibit A – Legal Description
Tract 2, Hunter’s Reserve – First Filing Replat A, City of Evans, County of Weld, State
of Colorado.
21
Exhibit B – Final Plat
22
Exhibit C-1 Description of Improvements
a. Water and sewer lines – required improvements are to be in conformance
with approved Plans and Specifications.
b. Road improvements – remove and replace asphalt/concrete curb and
sidewalk for utility extensions.
c. Raw Water Dedication: Potable water rights for indoor use shall be dedicated
to the City in accordance with Chapter 13.08 of the Evans Municipal Code
prior to issuance of building permits. Referencing the Table of Equivalent
Residential Units (EQRs) as amended by City of Evans Resolution 25-2017,
the Hunter’s Reserve Tract 2 EQR requirements are as follows:
The development as proposed has six (6) single-family lots. This requires six (6) EQRs.
NO. Facility/Activity to be Served EQR Units Total EQRs
Required
(1)
Each Dwelling unit, having not more
than 2,500 square feet of irrigated area 1.00 6 6
23
Exhibit C-2 - Engineer’s estimate of probable costs of Improvements
24
25
C-3 Schedule of Improvements
Construction of improvements is anticipated to take approximately 4-6 weeks once
contractor is given the okay to proceed.
4508711 Pages: 1 of 1 -HUNTER'S RESERVE FIRST FILING, REPLAT B 07/25/2019 03:06 PM R Fee:$13.00 C~rly Koppes , Cler~ and Recorder , Weld County , CO
11111111.rm' lwJ 1 1■~•~cl illr~~~•~ll lii~l°l'il'~ili 11 111
A RESUBDIVISION OF TRACT 2, HUNTER'S RESERVE - FIRST FILING, REPLAT A, LOCATED IN THE NW1/4 OF SECTION 25, T5N, R66W OF THE 6TH P.M.,
CITY OF EVANS, COUNTY OF WELD, STATE OF COLORADO
LOT :;o LOT 31
-
/ /
/
/
/ /
/ /
-
SWALLOW COURT , L=122.49 R=65.00' t.=107°56'25" CH•N46.16'03"E
105.15'
FOUND PK NAIL WITH BRASS DISK MARKED: "AYRES LS 23513"
(2' WITNESS CORNER) -----,----
---
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' HUNTER·s RESERVE - FIRST FILING, REPLA T A
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ACRES, ±
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44.91'
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t..=69"09'10" / CH=N57°41'40"E
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S35"20'33"W 17.14' ~ S - - - -- - -- - - --I-<--
-< "' "' :,.;;;;~
N89"15'1B"E 124.93' ,-
10' UTlLITI EASEMENT
LOT 3 AREA = 0.208
ACRES. ± I " I :;i I I I I in I AREA = 0.202
ACRES, ± j___\l _ )_ )---,,.---- - ------,-------r-1 ~ S89°41'26"W 109.99' ~
/ I I / --;,,,,. 0) ,-
/0-1 I/ .. ~ ~ FOUND NUMBER 5 REBAR ~ ~ "i's.: Gt~ r 'i,.;'1- L&J WITI-l 1" YELLOW PLASTlC ~ C / ~4-('";V'°)_ 1').,')., / OT 4 I "c, ':...
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Z co •- ~ 0 "' .. ~ .., ~ ;l; AREA = 0.276 "' ~ I / AREA = 0.252 ::: o ACRES, ± ----- ACRES, ± I
7' UTILITY AND DRAINAGE EASEMENT PER HUNTERS RESERVE FIRST FILING, REPLAT A
b.J 0~ I II 10' UTILITY I L=35.16' EASEMENT R=75.00'
10' UTILITY & I t..=26"57'40" I DRAINAGE
()----IFOUND PK NAIL WITH BRASS DISK MARKED: "AYRES LS 23513" EASEMENT L=B2.75' - _ CH=N75"49'04"W /
R=75.00' _,,,.- __. ---- 34.84' / (2' V,TNESS CORNER)
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N62°27'55"W 58.41'
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LOT 15
l &:63"13'01" / .,.,,,-CH-S59008'36"W
78.62' / /
/ '-.., /
II R=75.00 ' t.=90°04'41" CH=S72"34'25"W
106.1 4'
7' UTILITY AN DRAINAG EASEMENT
PER HUNT S RESERVE FIRST FlLIN , REPLAT A
-
I I
I
V----f",QUNO PK NAIL WITH BRASS DI K MARKED: "AYRES LS 23513"
(2' WITNESS CORNER) L=24.75' R=50.00' t.=28°21'27" CH=N76"33'58"W
I 24.49'
___________ _,___
S89°15'18"W 69.62' FOUND PK NAIL WITH BRASS DISK
MARKED: "AYRES LS 23.51.3" (2' WITNESS CORNER)
DOVE LANE
I
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I \
\
,,,-----------7 -/ I
/ I I I / LOT 47 I
-LOT 46
I I I I
/ ~
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I I HUNTER'S RESERVE - FIRST I I FILING, REPLA T A
L=46.90' R=.30.00 ' t..=89°33'52" CH=S44°28'22"W
42.26'
LOT 45
/ /
/
/
I /
/
AREA = 1.412 ACRES, ± SHEET 1 OF 1
30 20 10 0 30
I I I I I I r "
ORIGINAL SCALE: 1 "=30'
LEGEND
ADJOINING LOT LINE EASEMENT LINE PROPERTY LINE
LOT 40
I /
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r --, ' -'
I
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LOT 41
L ______________ _ I HUNTER'S RESERVE - FIRST
F!L!NG REPLA T A
~---------------\
\ \ \
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LOT 42
60
27TH STREET
HWY 34
w 29TH STREET => z
LI.I 30TH STREET ~ " <
32ND STREET~ e 31ST ST'·
" "" ,., N
T
37TH STREET 37TH STREET
SITE~ w
" z tJ ~ < f ~ 42ND STREET
49TH STREET
VICINITY MAP~
LEGAL DESCRIPTION
TRACT 2, HUNTER'S RESERVE - FIRST FILING, REPLAT A, CITY OF EVANS, COUNTY OF WELD, STA TE OF COLORADO.
GENERAL NOTES
1. THE BASIS OF BEARINGS IS THE EASTERLY LINE OF THE SUBJECT PROPERTY, BEING MONUMENTED AS SHOWN HEREON, WITI-1 TI1E LINE ASSUMED TO BEAR soo0 18'34"E.
2. DREXEL BARRELL & CO. RELIED UPON TITLE COMMITMENT NO. FCIF25163201, ISSUED LAND TITLE GUARANTEE COMPANY, WITH AN EFFECTIVE DATE OF FEBRUARY 20, 2019 FOR ALL INFORMATION REGARDING THE LEGAL DESCRIPTION, EASEMENTS AND RIGHTS-OF-WAYS.
3. PREPARED BY: DREXEL, BARRELL & CO. 1800 38TH STREET BOULDER, CO 80301 303-442-4338
4. THE LINEAL UNITS SHOWN HEREON ARE US SURVEY FEET.
CONSENT JO EASEMENT VACATION
THE CITY OF EVANS HEREBY CONSENTS TO THE VACATION OF THAT PORTION OF THE 15' UTILITY EASEMENT AS RECORDED AT RECEPTION NO. 2049332 OF THE RECORDS OF WELD COUNTY COLORADO WITHIN THIS REPLAT AS SHOW HEREON.
~~~-
CERTIFICATE OF DEDICATION AND OWNERSHIP·
KNOW ALL MEN BY THESE PRESENTS THAT TERRA FIRMA LAND WORKS. LLC. A COLORADO LIMITED LIABILITY COMPANY, BEING THE OWNER OF CERTAIN LAND IN EVANS, COLORADO, DESCRIBED AS FOLLOWS:
TRACT 2, HUNTER'S RESERVE-FIRST FILING, REPLAT A
CONTAINING 1.412 ACRES MORE OR LESS: HAVE BY THESE PRESENTS LAID OUT, PLATTED AND SUBDIVIDED THE SAME INTO LOTS AS SHOWN ON THIS PLAT, UNDER THE NAME AND STYLE OF HUNTER'S RESERVE-FIRST FILING, REPLAT B, AND DO HEREBY DEDICATE TO THE PUBLIC ALL WAYS AND OTHER PUBLIC RIGHTS-OF-WAY AND EASEMENTS FOR PURPOSES SHOWN HEREON.
I i '\.I\ .,._ . I EXECUTED THIS -~~-~-- DAY OF _-,,L_""'-l,,,Jj,___ , A.D.
__ :JJltf ___ . TERRA FIRMA LANO WORKS, LLC, A COLORADfi LIMITED LIABILITY COMPANY
BY:
NAME:
--~¥~1/J - ~:r.'lJ>L __ lAuf: ... YL---
TITLE:
THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS
__ _,__l-'-+,.- DAY OF "_S GJ '- , A.O., )..GI '1 MY COMMISSION EXPIRES _,[ )',{ )_ U
BRENDA TRUJILLO
,. ~- ,. I NOTAR'I' ID 1996401~508 WITNESS ~ y HAND A~D ~E~L MOTARY PUBLIC - STATE OF COLORADO
~ ..l.:.~ c.A:;_,- _______ -+'""'-"vr,,,,..,,.....1551()N EXPIRES SEP 28, 2020
NOTARY PUBLIC
SURVEYING CERTIFICATE:
I, MA THEW E. SELDERS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE SURVEY REPRESENTED BY THIS PLAT WAS MADE UNDER MY SUPERVISION AND THE MONUMENTS SHOWN HEREIN ACTUALLY EXIST AND THIS PLAT ACCURATELY REPRESENTS SAID SURVEY.
MATHEW E. SELDERS COLORADO LICENSED PROFESSIONAL LAND SURVEYOR NO. 27275
CERTIFICATE OF APPROVAL BY THE CITY CLERK·
THIS PLAT IS HEREBY APPROVED BY THE CITY CLERK OF EVANS, C\{~lilQ,
3~ ~i~¾ THIS :I, DAY OF _::I_~'"" 2019, A.O. .:,"'0\ .. •• •····•.~t,,,, ll '"1 l .... ····"0 cm~~-.= f' ( { se4l )(/))
- . . -~('I·. .. ~ ,, o··. ..· $' ~ '/ .. .. ' ......... .,. ~ 0 D .A. ·o·. 0 ,,,, ,,,, ,, \,,,,
111 111111\\\\\
CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PUBUC WORKS:
THIS PLAT IS HEREBY APPROVED BY THE DEPARTMENT OF PUBLIC WORKS
THIS ..23-_ rd DAY OF __ -s-4--- 2019, A.O.
8102-5
CITY COUNCIL AGENDA REPORT
DATE: September 17, 2019
AGENDA ITEM: 7.B
SUBJECT: Consideration of Award of Bid: 2019 Asphalt Treatment Project
PRESENTED BY: James L. Becklenberg, City Manager
Randy L. Ready, Asst. City Manager
Mark Oberschmidt, P.E., City Engineer
AGENDA ITEM DESCRIPTION: The 2019 Capital Improvement Program (CIP) Budget included $220,000 for roadway surface
treatment which consists of asphalt sealing of various streets within the community. Together with
the concrete repair contract and the asphalt patching and reconstruction contracts already awarded,
these contracts make up the City’s pavement management program for 2019.
Surface treatments are the appropriate process to stabilize road surfaces that are in reasonably good
structural condition. This year, to take advantage of the most cost-effective process using the
limited budget, staff recommends chip sealing to cover the most areas possible. This includes
selecting roadways where these treatments are the appropriate method based on the road condition.
Chip sealing is used as preventive maintenance and is designed to seal and protect a pavement
from oxidation and weathering by sealing the small cracks in a pavement surface and preventing
the intrusion of water and air, thereby generally extending the pavement life. Chip seals will be
used where there is higher traffic on collector and local roadways. In accordance with professional
street maintenance principles, the recommended approach follows the adage, “The right treatment
at the right time on the right road.”
Streets that staff identified as priority areas for surface treatments are noted on the attached map.
Based on the budget and the bids received, the City will be able to treat most of these streets
identified as priority areas. The streets to be treated as part of this contract are identified on the
attachment #2. Some additional work may be done based on the remaining budget after the initial
work is completed. Any such work areas will be identified by engineering department staff in areas
similar to those currently shown. Per the City’s purchasing policies, this project was advertised in the Greeley Tribune on August
28th and September 4th, and on the Bid Net Procurement System. Bids were opened on September
9, 2019, with results as follows:
Contractor Bid Amount
Vance Brothers, Inc. $ 214,885.00
A-1 Chipseal Company $ 334,587.50
Both contractors submitting bids are experienced and in good standing with the City.
FINANCIAL SUMMARY: In 2019, $270,000 remains in the budget for expenses related to the asphalt treatment program and
other programs including striping which will be contracted for and completed after the chip sealing
is done.
RECOMMENDATION: Staff recommends that the project be awarded on a not to exceed amount of $220,000.00, based
on the successful unit price bid. This will allow the City to accomplish as much asphalt resurfacing
work as possible within budgeted funds allowed. Staff recommends that City Council award the
2019 Asphalt Surface Treatment contract to Vance Brothers, Inc and authorize the Mayor’s
signature on a contract not to exceed $ 220,000.00. This will allow the city the flexibility with the
bidder to do minor additional work at the same unit cost without exceeding our total budget.
SUGGESTED MOTIONS: “I move to award the 2019 Asphalt Surface Treatment Contract to Vance Brothers, Inc. and to
authorize the Mayor’s signature on an agreement in the amount not to exceed $ 220,000.00”
“I move to deny award of the 2019 Asphalt Surface Treatment Contract.”
ATTACHMENTS: 2019 Asphalt surface treatment project priority map
Proposed Contract with Vance Brothers, Inc.
BID TABULATION 2019 ASPHALT SURFACE TREATMENT PROJECT
Item Description Quantity Units Unit Cost Total Unit Cost Total
1 MOBILIZATION 1 LS 5,500.00$ 5,500.00$ 5,000.00$ 5,000.00$
5,500.00$ 5,000.00$
2 CHIP SEAL ( 3/8" ) 10750 SY 2.70$ 29,025.00$ 4.25$ 45,687.50$
29,025.00$ 45,687.50$
3 CHIP SEAL ( 3/8" ) 9250 SY 2.70$ 24,975.00$ 4.25$ 39,312.50$
24,975.00$ 39,312.50$
4 CHIP SEAL ( 3/8" ) 8000 SY 2.70$ 21,600.00$ 4.25$ 34,000.00$
21,600.00$ 34,000.00$
5 CHIP SEAL ( 3/8" ) 11400 SY 2.70$ 30,780.00$ 4.25$ 48,450.00$
30,780.00$ 48,450.00$
6 CHIP SEAL ( 3/8" ) 9150 SY 2.70$ 24,705.00$ 4.25$ 38,887.50$
24,705.00$ 38,887.50$
7 CHIP SEAL ( 3/8" ) 29000 SY 2.70$ 78,300.00$ 4.25$ 123,250.00$
78,300.00$ 123,250.00$
214,885.00$ 334,587.50$
NOTE TO BIDDERS:
X Bid winner will be based on the base bid.X The City of Evans plans to utilize 80000 SY for Chip Seal for The 2019 Surface Treatment Project.X Final Locations will be determined by the C.O.E Project Manager and the City Engineer.
X The contractor shall be responsible for damage or disturbances to any existing improvements in the area of construction including, but not
limited to, sprinkler systems, adjoining roadway asphalt. This work shall be incidental to construction.
X The Contractor shall be responsible for notifications to all businesses, residents and land owners where necessary.
X Traffic control shall the responsibility of the Contractor, approved by the City, and be included in unit costs per job location (as required).
X
The undersigned, if awarded the Contract, at the prices shown in the bid, agrees to complete
the work within Thirty (30) working days after the Notice to Proceed is issued.
_____________________________ _____________________________________
Date Company
Official Address:
___________________________________ _____________________________________
___________________________________ Signature
___________________________________
_____________________________________
Title
Palermo Avenue Total
11th Avenue Total
Unit Price descriptions are as follows: LS = Lump Sum; EA = Each; SY = Square Yard; 1 TON = 2000 LBS.
Sienna Avenue Total
Harbor Lane Total
Sienna Avenue Priority # 4
Harbor Lane Priority # 5
(Additional Alternate # 1) 11th Avenue Priority # 6
Base Bid Total:
A1 Chipseal
2019 Surface Treatment
42nd Street priority # 1
37th Street Priority # 2
Palermo Street Priority # 3
Vance Brothers Inc.
42nd Street Total
37th Street Total
Mobilization
1-10
CITY COUNCIL AGENDA REPORT
DATE: September 17, 2019
AGENDA ITEM: 7.C
SUBJECT: Consideration of Award of Bid: 2019 Wastewater Treatment Plant
Lagoon Dewatering
PRESENTED BY: James L. Becklenberg, City Manager
Randy Ready, Assistant City Manager
Todd Hepworth, P.E. Civil Engineer
AGENDA ITEM DESCRIPTION: When the City’s new wastewater treatment Plant (WWTP) was constructed and began operation
in the spring of 2018, staff was aware that there would be an ongoing need to dispose of the
digested sludge treatment byproduct from the storage lagoons. The unknown variable was how
often this sludge removal process would be required. The rate of material generation is
dependent on both influent waste stream volume and profile characteristics. Design consultants
and plant engineers anticipated that it could be sometime between one and three years before the
first dewatering and sludge removal process would need to take place. New WWTP operations
experience over the past 17 months since the plant started operating has shown that both influent
waste stream volume and solids composition have been on the high side of projections, and it has
become clear that sludge removal and off-site disposal will be necessary every year to 18
months.
The digested sludge lagoons need to be drained this fall. Since the City’s 2019 budget was
approved before the timing of this sludge removal need became apparent, there is simply not
sufficient storage space within the lagoons to hold off until the 2020 fiscal year. The Wastewater
Fund contains sufficient reserves in 2019 to complete this maintenance work. Staff further
recommends budgeting annually for dewatering going forward into 2020 and beyond.
The combined capacity of the two lagoons is 5,000,000 gallons. Currently, staff and the
contractor estimate that there are approximately 250 tons of solid material contained within that
volume. That number is, however, only based on a sampling of the stored liquid; it is possible the
actual amount of solids for disposal will be more (or less) than that. Solids disposal (rather than
liquid volume) is the primary factor when calculating the cost of dewatering and disposal, so the
fact that we only have an estimated number has presented some challenges in calculating the cost
of this project the first time that it is done.
The City released a Request for Proposals for Dewatering and Solids Removal from the WWTP
on August 5, 2019, with a solicitation for proposals to be received by August 28. The RFP
requested bids by two prospective methods: 1) hauling the complete pond volume (liquid +
solids) off-site, and/or 2) drying the ponds on-site and then hauling off the “dried” sludge
product. We received proposals from two responsive and fully-qualified bidders, BioVelocity,
LLC, and Veris Environmental, LLC, each with differing approaches that fulfill the contract
intent.
Based on the pricing options requested in the RFP, Veris’ proposal ($3,500 to mobilize and
$69.50/1,000 liquid gallons) returns a bid of $212,000, which is the most favorable response to the
RFP between the two proposals received. The BioVelocity cost proposal is $58,000 higher.
As a means of further value engineering the scope of work and providing an even lower project
cost, Veris suggested a third method of removal: $3,500 to mobilize and $798 per “dry ton” to
haul away the solids. With our estimated quantity of 250 tons of solids, this results in a proposal
cost of $203,000.
After this initial project is completed, staff will be able to budget more accurately for future
annual maintenance needs.
FINANCIAL SUMMARY: This project was not included in the 2020 budget. However, the wastewater fund balance is large
enough to pay for the project. If the City Council approves this contract, staff will include a
corresponding 4th Quarter Budget Revision. Staff requests approval of a contract with Veris
Environmental in an amount not to exceed $250,000 that includes the $203,000 proposal
estimate plus additional funding that can be used if necessary in the event that the actual quantity
of solid material is higher than the estimate.
RECOMMENDATION: With a fundamental need to dispose of the sludge solids from the WWTP lagoons, and a
conservative buffer of 25% for the actual proportion of solids, staff recommends approval of a
contract with Veris Environmental for the proposed alternate removal method with a not to
exceed contract amount of $250,000. That amount will also be requested in the 4th Quarter 2019
budget revision and a similar amount will be added to the Wastewater Fund annual budget
starting in 2020.
SUGGESTED MOTIONS: “I move to award the 2019 Wastewater Treatment Plant Lagoon Dewatering Project Contract to
Veris Environmental, LLC, and to authorize the Mayor’s signature on a contract in an amount
not to exceed $250,000.”
“I move to deny the 2019 Wastewater Treatment Plant Lagoon Dewatering Project Contract.”
ATTACHMENTS: Bid Tabulation Veris Bid Schedule
Evans WWTP Lagoon Dewatering Bid Opening: 08.28.2019Firm/Bidding Agency Mob./Demob. Unit Cost Estimated # units Cost of units Estimated total cost Comments
BiovelocityLiquid haul $/1k gal $1,500.00 $220.00 3,000.00 $660,000.00 $661,500.00Dried as proposed $0.00 $0.09 3,000,000.00 $270,000.00 $270,000.00$/ Dried ton (calculated) $161.89 1,667.80 $270,000.14 $270,000.14$/ Dry Ton (calculated) $1,080.00 250.00 $270,000.00 $270,000.00
VerisLiquid haul $/1k gal $3,500.00 $69.50 3,000.00 $208,500.00 $212,000.00$/ Dried ton $13,500.00 $125.00 1,667.80 $208,475.00 $221,975.00$/ Dry Ton $3,500.00 $798.00 250.00 $199,500.00 $203,000.00 Alternative option provided
Bid Notes
Veris provided unit cost that where asked for as well as providing an alternative optionBioVelocity's Mob./Demob. Cost are included in the unit cost for dried as proposedThe difference between Dry ton and Dried ton is that Dry ton does not factor in the water weight so you pay per ton of actual solids removed.
Recommendation
Proceed with Veris Environmental on a $/Dry Ton basis with a not to exceed contract for $250,000.00
I had to back calculate these unit cost to make them meet spec. for accurate comparison.
Unit cost was not provided per spec.
Veris Environmental, LLC
August 28, 2019
City of Evans Attn: Mr. Robby Porsch 1100 37th Street Evans, CO 80620
53036 llighway 71 Limon. CO 80828
204 S. Bowen Street PO Box 888 Longmont. CO 80502
Re: Request For Proposal City of Evans
Phone: 719-775-9870 Fax: 719-775-9871
Phone: 303-651-7070 Fax: 303-651-0309
Cof'1 / o-f 3
Dewatering & Solids Removal for Wastewater Treatment Facility
Dear City of Evans:
Per your Request, please find enclosed the Proposal ofVeris Environmental, LLC ("VERIS") for the above referenced project at the City of Evans. VERIS has been in the business of biosolids management since 1986, and has completed hundreds of solids removal project from WWTF lagoons. On numerous occasions over the past 25 years, VERIS has successfully performed both liquid removal and dewatering projects for the City of Evans.
Enclosed you will find our Non-Collusion Statement, a Bid Proposal with Attached Schedule for either Liquid Removal or Dewatering, and a partial list of References of similar projects in the area. We are confident that our Proposal will provide the best value for the City, particularly as it relates the alternate pricing we have included as an option. This pricing will ensure the City receives the best option to maximize your Budget.
VERIS has reviewed the standard Agreement and we are willing to enter into an Agreement with the City. We have also reviewed the Specifications listed in Appendix A of the RFP documents. VERIS can and will comply with all listed specifications regarding this Project, including permitting of all land application sites, and complying with all EPA 503 regulations, and those of CDPHE and Weld County. VERIS already has permitted sites available and ready for this Project, and we will complete the Project prior to December 31, 2019.
If you have any questions or need additional information regarding this Proposal, especially as it relates to the pricing alternate we have provided, don't hesitate to contact me at ;[email protected] or 303-651-7070.
Veris Environmental, LLC
August 28, 2019
53036 Highway 71 Limon. CO 80828
204 S. Bowen Street PO Box 888 Longmont. CO 80502
Re: Request For Proposal City of Evans
Phone: 719-775-9870 Fax: 719-775-9871
Phone: 303-65 I• 7070 Pax: 303-651-0309
Dewatering & Solids Removal for Wastewater Treatment Facility
BID SCHEDULE OF VERIS ENVIRONMENT AL
NOTE: For options# I or #2, VERIS is estimating 3 million gallons of sludge will be removed or processed.
1. Liquid Removal
VERIS will provide all services listed in the Specifications
Mobilization/Demobilization: Proposed price:
2. Sludge Drying (Dewatering)
$3,500 (lump sum) $69.50 per 1,000 Gallons
VERIS will provide all services listed in the Specifications
Mobilization/Demobilization: $13,500 {lump sum) Proposed price: Qj-.--'JUO,ffi per Dried Ton (actual weight of biosolids hauled)
-t-1J5,.oo OPTIONAL pricing option: The trend over the last several years in lagoon projects has been to price projects by the "Dry Ton" (not the same as per Dried ton). It has become the industry standard. Wastewater Facilities only want to pay for the Solids removed, and not for unnecessary water that is either hauled offsite or processed through a dewatering system. Using lab data taken from daily samples, our Clients can then calculate the amount of solids• removed each day on a dry weight basis. In this way they ensure they get the best value for their dollar. On the basis of information provided in the Specifications, we are estimating 250 Dry Tons removed for this Project.
Per Dry Ton Optional pricing
Mobilization/Demobilization: Proposed price:
$3,500 (lump sum) $798.00 per DRY Ton
CITY COUNCIL AGENDA REPORT
DATE: September 17, 2019
AGENDA ITEM: 7.D
SUBJECT: Resolution No. 20-2019 – Resolution Authorizing the Sale of City Property According to the City Asset Disposal Policy
PRESENTED BY: James L. Becklenberg, City Manager
Rick Brandt, Chief of Police
AGENDA ITEM DESCRIPTION: On April 7, 2015 the Evans City Council adopted Resolution 10-2015 to provide an asset disposal policy for the disposal of surplus/abandoned property from City departments that have accumulated and will continue to accumulate property that is damaged, out modeled, or no longer useful to the City which is considered “surplus property” according adopted policy (attached). Under the asset disposal policy, property with an original cost of more than $5,000 may be declared surplus property to be sold if the Evans City Council authorizes the sale of such property through the adoption of a resolution The vehicle, a marked 2014 Dodge Charger has an estimated value of approximately $7,725 based on NADA pricing guidelines. The City Mechanic, Cameron Turner, concurs with the estimated value based on mileage and overall condition. The reasons for disposing of this vehicle include:
Extensive repair history with more expensive repairs likely in the future. The unreliability of the vehicle. Significant hail damage to the vehicle. The Police Department has been phasing out the Dodge Charger model due to the
disproportionate repair costs and poor performance on snow and ice.
Since going in service in April 2014 the vehicle has required nearly $15,000 in repair and maintenance costs ($5,200 due to a traffic crash). The vehicle suffered significant hail damage for which the City received an insurance settlement in the amount of $9,329.12. No repairs were done because the vehicle is due for replacement.
FINANCIAL SUMMARY: Revenue collected from the sale of surplus property will be receipted into the General Fund, which is the same fund from which the property was originally purchased.
RECOMMENDATION: Staff recommends that the City Council approve of this resolution for the vehicle to be sold at auction.
SUGGESTED MOTIONS: "I move to approve Resolution Number 20-2019”
"I move to deny Resolution Number 20-2019 "
ATTACHMENTS: ATTACHMENT A: CITY OF EVANS SURPLUS/ABANDONED DISPOSAL POLICY ATTACHMENT B: EXHIBIT A – ASSET DISPOSAL SPREADSHEET ATTACHMENT C: EXHIBIT B – PHOTOGRAPH OF VEHICLE ATTACHMENT D: EXHIBIT C – SERVICE AND REPAIR LOG FOR UNIT #2124
CITY OF EVANS, COLORADO
RESOLUTION NO. 20-2019
RESOLUTION AUTHORIZING SALE OF CITY PROPERTY
ACCORDING TO THE CITY ASSET DISPOSAL POLICY
WHEREAS, the City of Evans, Colorado (the “City”) is a home rule Colorado municipal
corporation, duly organized and existing under Section 6, Article XX of the Colorado
Constitution; and
WHEREAS, the City Council of the City of Evans, Colorado (the “City Council”),
pursuant to Colorado statute and the Evans City Charter, is vested with the authority of
administering the affairs of the City of Evans, Colorado; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-101(1)(d), the City
possesses the authority to acquire, hold, lease and dispose of real property including the authority
to enter into agreements concerning the use of lands, including easements agreements; and
WHEREAS, the City Council of the City of Evans, Colorado, adopted Resolution No.
10-2015 to provide a policy for the disposal of surplus or abandoned property from various
departments that have accumulated and will continue to accumulate property that is damaged,
out modeled, or no longer useful to the City which is considered “surplus property” according to
the definition provided by Resolution 10-2015; and
WHEREAS, the City Council has determined that it is in the best interest of the health
and welfare of the City and its citizens to disposal of surplus property; and
WHEREAS, the City Manager has recommended that the property listed on the attached
Exhibit A be declared as surplus and authorize the appropriate City official to dispose of the
property at auction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANS, COLORADO AS FOLLOWS:
1. Be it resolved, by the City Council of the City of Evans, Colorado, that the City Manager or
his designee is authorized to sell at auction the surplus property described in Exhibit A.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF EVANS ON THIS 17th DAY OF September, 2019
ATTEST: CITY OF EVANS, COLORADO
__________________________________ BY: ______________________________
Karen Frawley, City Clerk Brian Rudy, Mayor
1
CITY OF EVANS
SURPLUS / ABANDONED PROPERTY DISPOSAL POLICY
I. General
Surplus property consists of City-owned items that are damaged, out modeled or no longer useful,
including but not limited to equipment, vehicles, fixtures, furniture and supplies. The original cost
of the item determines how it must be dispatched.
II. Original Cost: $5,000 or More
A. City property must be declared “surplus” by City Council resolution if it had an original cost of
$5,000 or more.
B. A list of items (including description and/or serial numbers) shall be provided to the City Clerk for
inclusion in a Resolution for Disposition of Surplus Property. The resolution will be scheduled for
Council approval on the next meeting agenda.
C. Following Council approval, the Department Director shall dispose of the surplus item(s) by the
following means:
1. Public sale for a reasonable value
2. Non-public sale for a reasonable value
3. Public auction for a reasonable value.
D. If an employee wishes to purchase surplus property, they shall pay fair value, and at no time shall
the purchaser establish the price him/herself.
E. When other means of disposal are exhausted, the surplus property may be donated, discarded, or
recycled at the discretion of the Department Director.
III. Original Cost: Less than $5,000
A. The Department Director shall dispose of surplus property by the following means:
1. Public sale for a reasonable value
2. Non-public sale for a reasonable value
3. Public auction for a reasonable value.
B. If an employee wishes to purchase surplus property, they shall pay fair value, and at no time shall
the purchaser establish the price him/herself.
C. When other means of disposal are exhausted, the surplus property may be donated, discarded, or
recycled at the discretion of the Department Director.
ATTACHMENT A
2
IV. Unclaimed Property and Real Estate
A. See the Evans Municipal Code Chapter 2, Sec. 40 for the procedure for disposition of
lost or confiscated property, including police evidence in closed cases.
B. See the Evans Municipal Code Chapter 2, Sec. 42 for the procedure for disposition of
Real Property.
City of Evans Exhibit A September, 2019
Year Make Model Description Milage Reason Disposal Action
2014 Dodge Charger Police Car 64,000 Age/Maint. Sell at Auction
Vehicle Identification Number
2C3CDXAT9EH24551
ATTACHMENT C
City Managers Weekly City Council Update
September 13, 2019 Communications Staff shot Evans welcome videos
Staff met with graphic designer to improve Evans Economic blast
Staff took pics/produced video for the VISTA Day of Service at Riverside Park
Staff formed committee to explore new, city website options
Staff produced video showcasing the Hispanic Women of Weld County
Finance Sales Tax Update – July 2019 collections through July are 7% higher than for the same period in 2018. For
Year-to-date Actual vs. Budget, the City is $701,929 or 15.1% ahead of projected
revenue.
Recreation The time has come! Come out and enjoy all that Heritage Day has to offer!
Information
Technology IT News IT is moving forward with the deployment of new audio/visual hardware in the
City Council chambers that will improve our livestreaming capabilities. The new hardware will allow for as many as 4 cameras, 1 media device (such as a PC
displaying PowerPoint presentations or video clips), and the ability to livestream to two
services simultaneously (YouTube Live & Facebook Live). We expect to have this
solution in place and functional in Q4.
We are finalizing the details on our vendor provided user training for the new
CRM solution that was deployed this year. The vendor, QScend, will be providing 2 days of on-site training to our user base for the new product.
IT staff have been working with HR on some improvements to ADP processes
related to employment postings and crossover to Indeed.com, as well as with implementation of org chart information using ADP platform data.
IT is investigating the feasibility of replacing our copier fleet and maintenance services with Canon. We’re looking to improve our support services, implement
new features and services currently unavailable through our current vendor, and
reduce the City’s print services costs. More to come on this as it develops…
Bearcom continued deployment of the new mobile modem hardware into PD
vehicles this week. Roughly half the PD fleet has had the new devices installed and we hope to have this project completed by the end of this month.
Email Security Stats:
We’ve seen a slight uptick in the number of emails blocked from entering our
network over the past week, with our 30-day numbers now around 46% for blocked
or quarantined emails, and about 54% being allowed through. PLEASE continue to report anything unusual that gets through to you to the helpdesk, and we thank
you for your continued support and awareness in keeping our infrastructure safe.
Help Desk Stats:
Tickets Closed This Week: 18
Tickets Created This Week: 19
Planning
Neighborhood
Services Neighborhood Services coordinated a volunteer project to remove brush and debris
from the western portion of Riverside Park. 15 volunteers from the United Way of
Weld County AmeriCorps VISTA program donated their time on Wednesday, September 11th to assist first responders. The selected project was intended to increase officer safety during patrols of Riverside Park.
Traffic Impacts/
Closures We are waiting to hear from XCEL about streetlight installations, which will create
short term one lane closures during the installation.
37th St. Utility Project - following installation of one more sewer service located
east of Centennial Circle traffic control measures will be removed, and traffic returned to normal from Centennial Circle west to 17th Ave.
37th St. traffic control measures in the vicinity of Centennial School will remain in
place for the near term as final sewer lateral and sewer service connections are completed
37th St. Waterline Project – Traffic control for waterline installation are in place starting at the intersection of 37th St./23rd Ave. and continuing east to 17th Ave.
37th Street
Utility
Improvement
Project
Remaining work on the sanitary sewer phase includes connections to existing street laterals and sewer services from Centennial School to 11th Ave.
The waterline installation project has started at the intersection of 23rd Ave./37th St. and is proceeding east.
35th Ave
Widening XCEL has installed the foundations and wiring for the street lights. We are waiting
on the light poles for the east side
After the east side streetlights are completed, the contractor will be able to complete the sidewalk on the east side of the road.
We are developing a punch list and working with the contractor and streets to finalize the project and remove some old striping that is no longer neede on the
north side of the intersection.
31st Street
Access
Improvements
Work continues the earthwork. Storm sewer is mostly complete with inlets to be
completed. we are expecting some curb installation to be complete before the end of the week.
We are expecting some delays because of XCEL not being able to underground the
power lines until early to mid-September. Plans for the Kum & Go Access are approved and out to bid.
We have coordinated staking the access with Kum & Go to make sure it drains properly.
Engineering One (1) bid was received for the 2019 Fire Hydrant Replacement Project on 09/09/19. Staff is recommending award to H & H Excavation being a qualified
contractor for the City of Evans.
Two (2) bids were received for the 2019 Asphalt Surface Treatment Project on
09/09/19. Staff is recommending award to Vance Brothers Inc. being the lowest
qualified bidder on the project
2019 Asphalt Patch Project construction Began September 3rd. Work has
progressed to the Ashcroft Height’s Subdivision on Cody Avenue and Santa Fe Drive.
Staff is working on preparing the 2019 Pavement Marking Project.
Staff is working on the development of an RFQ for Alternative Project Delivery
teams to design / construct complicated drainage (and in the future others) projects
Staff will investigate painting cross walks along Florence Avenue near Ann
Heiman as part of the 2019 Pavement Marking Project.
Staff is planning to coordinate traffic calming designs for the 4 elementary schools
as problems at these locations are being brought to our attention by neighbors around the schools. We will meet with the respective principals and Evans PD to
coordinate
Staff is working with Greeley/GET to look at the intersection of 32nd Street and 11th Avenue to see if we can reduce the number of traffic signal cycles that the
GET bus 5 must wait to make a left-hand turn to go north on 11th Avenue.
Plans for the Ashcroft channel repairs are complete and advertised for bid.
Staff continues to work on development reviews as they are received.
Staff is coordinating signal timing with Greeley and Kellar Engineering for the
proposed traffic signal at 34th St and 35th Avenue. Staff reviewed preliminary plans with Kellar Engineering, and they are moving forward with potholing and
final design. Staff is requesting a waiver of the $500 permits fees from XCEL for this City project.
Evans Ditch flume project – City’s consultant has completed their analysis and
submitted two recommendations for rehabilitation of the flume. Staff will review and prepare a recommended alternative to proceed with a final design.
49th St. Sanitary Sewer Replacement project – The updated construction schedule calls for a start on September 3 and completion on September 18, 2019.
Neville’s Crossing Non-Potable Direct Supply - Planning and design work in progress for a connection of the City’s potable water supply to the non-potable
pump station. Purpose is to increase the non-potable pressure during the shoulder seasons.
Water Efficiency Report – Staff continues to collect and forward data to Clearwater Solutions for their use in preparation of the Water Efficiency Report
17th Ave. Waterline Installation and the Bay at the Landings Inlet Replacement.
Three (3) proposals were received and staff be recommending that the project be awarded to Coffey Engineering & Surveying being the lowest qualified proposal of
the 3.
37th St. Overlay Project – Staff is preparing a Request for Proposals for the
preparation of construction plans and bidding documents for the pavement rehabilitation of 37th St. from 23rd Ave. to Hwy 85 the continuing east of 85 to the
railroad tracks.
37th St. Storm Sewer Extension from State St. to Boulder – The consultant is progressing with field data collection and survey. Staff is discussing existing storm
sewer infrastructure within the work zone for the most beneficial connection of the proposed extension.
Police Introducing Officer David Driscoll who started on Monday September 9th. David Began his field training phase which will last about four months. At the end of the
training he will be a solo officer and will not look as serious as he does now.
Economic
Development/
ERA
Staff continues to prepare for the State of the City event in conjunction with the Evans Area Chamber on September 26.
We opened bids for ERA demolition on Monday. We received 9 total bids; 3 were for asbestos remediation only. We are evaluating the bids and checking references
and expect to bring a recommendation to the ERA Board on October 1.
Parks Staff have begun the installation of the new irrigation controllers.
Staff performed an interment at the Cemetery and located a space for another one next week.
Turf and native mowing are on schedule.
Staff are getting things ready for Heritage Day.
PW Operations Staff completed work orders for 9 new street signs.
Mosquito spraying continues.
Staff filled potholes and made repairs the shoulder of the intersection at 37th and Stampede.
Street sweeping continues.
Staff are preparing for Heritage Day.
Fleet staff have completed 24 work orders in the past month.
Staff completed 16 work orders and responded to 11 phone inquiries for items
related to water meters, high usage and new meter installation.