Corrupt Bidding For Convention Center Expansion Alleged; City Auditor Now Scrutinizing On-Call Construction Contracts
by Glen Richardson
Denver’s reputation as one of the Best Places to Live —
Ranked #1 by US News & World Report in 2016 — has been dealt another blow.
Outdoor activities, proximity to the mountains, art, craft beers and marijuana
that draws visitors to our city and distinguishes it from its metropolitan
colleagues has been compromised by the Convention Center expansion scandal.
The scandal uncovered last November amounts to dereliction
of duty by the City’s Public Works division delivering the services that help
define the quality of life in Denver. Public Works said that it discover-ed the
bidding process to pick a contractor for the project had been interfered with.
Reportedly there was an improper release of city documents, improper
discussions about the process and even altering of approved plans. The city
claimed two companies, Trammell Crow and Mortenson, tainted the bidding. In
response the companies retorted: “If Denver was truly unaware of Trammell
Crow’s conduct, it was the City’s lapse in oversight that created the
situation.”
The City’s Public Works is responsible for the design and
construction management of streets, bridges and public buildings plus
transportation through its offices of parking management, transportation
planning and operations.
On-Call Audit
Since then a newly completed examination and audit of Public
Works by City Auditor Timothy M. O’Brien, CPA, reveals the branch needs to
improve contract competitiveness and enforce policies during the bidding
process while working on some on-call contracts. “It’s in the best interest of
the taxpayers to keep a close eye on the new construction projects going on
with all the new bond money,” Auditor O’Brien explains. “I decided it was
important to start auditing on-call construction contracts in a way we hadn’t
before, to make sure we’re getting what we pay for and that we’re using a truly
competitive process.”
Unconventional Contract: Apparent misconduct in the bidding process for expansion at the Colorado Convention Center has Denver Public Works under scrutiny. Denver has reopened bidding and it is unknown whether pre-booked events will be affected by construction delays.
The Auditor’s Office worked with CliftonLarsonAllen LLP to
complete a third-party examination with limited scope of Halcyon Construction’s
on-call contract with Public Works. Halcyon had an agreement with Public Works
for up to $3 million to cover work between May 1, 2015, and April 30, 2018.
According to the examination, Public Works should expand its pool of
contractors to allow for a more competitive environment and for more
opportunities for other contractors to be considered for work. Public Works
should also make sure to follow the requirements of its mini-bid process, which
was not used at all on some projects.
The examination also found significant increases in project
costs due to change orders from Halcyon. The company had a considerably higher
percentage of change orders than the other small business enterprise
contractors in the bidding pool. In some projects tested, the change order
amounts plus the original work order resulted in the total project cost being
higher than other contractors’ bids submitted during the mini-bid process.
Halcyon’s percentage of change orders through November 2018 was 27%, compared
to other contractor percentages of 3.5%, 8.3%, and 8.2%. Furthermore, for three
of the projects tested, the project managers could not locate any formal
documentation evidencing that inspections were performed during these projects
that could identify when performance was not in line with the work order.
Directional Disarray: Bidding scandal and political meddling has created chaos within the 1,300 employee Denver Public Works department. Leadership’s focus is on the politically motivated Mobility Action Plan rather than management of City’s building and street design and construction.
Ordinance Delayed
Problems with construction management by Denver Public Works
was first reported by District 10 City Councilman Wayne New last summer and
published in a front page August 2018 Chronicle article. A construction
management ordinance was drafted by New at that time and was finally announced
by Public Works on March 27, six months later. Implementation of the new Public
Works procedures will likely begin at an equally sluggish pace.
“There is no doubt now that the problems have resulted from
Public Works’ inability to require pre-permitting and pre-construction planning
and construction management agreements regarding area traffic flow, street
closure, parking meter management, defined offsite parking arrangements and
noise mitigation,” New said then.
Main Man: Director Eulois Cleckley is central figure in problem-plagued Denver Public Works department. He is the hand-picked protégé of Mayor Michael Hancock.
The City Councilman says now as he did six months earlier,
“it is my hope the ordinance will mitigate the trials and tribulations
businesses and residents have experienced in Cherry Creek and throughout the
City.”
Biking Boondoggle
The high-profile Executive Director of Public Works Eulois
Cleckley — the hand-picked protégé of Mayor Michael B. Hancock — has emerged as
a central figure in the growing glitches and uproar within the 1,300 employee
Public Works department. He was chosen to implement Hancock’s Mobility Action
Plan and thus take attention away from the City’s knotty high-density
developments. That job, department insiders say, he has been successfully
completing.
Hancock, Cleckley and Councilwoman Mary Beth Susman are now
proposing the creation of a new Department of Transportation &
Infrastructure. Unlike restructuring the department of Public Works, it will
likely require voter approval but would push a rumored “in-the-works $900
million bond issue.” Meanwhile the City’s 2019 budget includes $27 million for
transportation and mobility improvements including more than $7 million to
build more and more bicycle lanes.
Pedal Pushers: Politically motivated 2019 Denver budget includes $7 million to allow the Public Works department to keep building bicycle lanes on city streets.
Akin to the unmanaged developments being built in almost
every Denver neighborhood, new bike lanes are also clogging traffic and
destroying commerce. Bicycle lanes on 14th and 15th Streets in Denver have
stolen space from motorists and only made downtown traffic worse, particularly
in proximity to hotels and public attractions. Lanes on South Broadway that
cost roughly $13 million seem superfluous and have crushed business along the
corridor. Owner Ron Vicksman of LeGrue’s — a Broadway landmark for nearly a
century — attributed his decision to close after all those years was due to the
loss of parking spaces following installation of the bike lanes. Vehicle registration
fees, ownership taxes and gasoline excise taxes are big revenue raisers but
bicycles aren’t contributors. Critics thus argue they are nothing more than a
form of social engineering.
The sun is shining, the birds are chirping, and except for
the occasional “bomb cyclone,” it is finally springtime. Springtime means
outdoors to us Coloradans … skiing being the exception to that rule of course.
We hop on those bicycles, we tie on those jogging shoes and we welcome the sun
on our face and the wind in our hair. But before you plug in those headphones
and tune-out for your exercise therapy, a few reminders as you embrace spring.
Living in Denver is to live in a never-ending heart health
ad. A bicyclist or a jogger at every corner and in between every corner, a
steady stream of Denverites walking their dogs. As motorists in this community,
we know, or should know, to share the road with those on bicycle or foot.
Though there is nothing healthier than heading out to exercise this spring, the
reality is that the danger is real.
Foster Graham Milstein & Calisher, LLP represents
injured cyclists and pedestrians, the number of which has increased at an
alarming rate each year. The injuries that we see with these clients are
catastrophic. The simple truth is that a cyclist or a pedestrian is no match
for a car. According to the National Highway Traffic Safety Administration, in
2017 there were 5,977 pedestrians and 783 bicyclists killed in crashes with
motor vehicles in the United States. No doubt pedestrians and cyclists are
vulnerable on the road and the danger is increasing. For example, U.S. traffic
fatalities in 2003, pedestrians and bicyclists represented 12.6 percent of
total traffic fatalities, but in 2017 they accounted for 18.2 percent of
fatalities. Head injuries account for 75% of all deaths and permanent
disabilities in bike crashes. Before you say to yourself, “Wait, this is
Colorado. The roads are filled with fit, like-minded, protein bar eating Subaru
drivers … with their rescue dogs riding shotgun. Colorado drivers are
harmless.” Not true. In 2018, Colorado had the second highest rate of fatal
road rage crashes nationwide.
The good news? You can be safe and well … stay alive. Hands
down, the safest choice when you are the bicyclist or the pedestrian, is to
protect yourself. When you got your driver’s license in Colorado you entered
into a contract, with the state of Colorado, to follow the rules of the road.
Remember the Colorado Driver’s Manual? Much like motorists, bicyclists and
pedestrians must follow the rules of the road. Yep, Colorado has a manual for
that, too. Check out Colorado’s Bicycling Manual put out by the Colorado
Department of Transportation.
A few tips:
Distraction is not just a problem for motorists. Electronic
devices for bicyclists and pedestrians mean eyes (and ears) are off the road.
Never assume a driver sees you. In fact, the safest choice is to assume they do
not. According to the Center for Disease Control, every day nine people are
killed and more than 1,000 people are injured in crashes from distracted
driving in the U.S.
You are not above the law. Bicyclists and pedestrians must
obey traffic signs and signals. Stop at stop signs. Follow the “WALK” and
“BIKE” signals, look at the lights — obey. It is simple because the statistics
confirm that we get busy and we are not safe.
Stay in your lane. Pedestrians should use a sidewalk or path
when available and if one is not available, use the shoulder, facing traffic.
Use crosswalks when crossing the street; if a crosswalk is unavailable, find
the most well-lit spot on the road to cross and wait long enough for a gap in
traffic to make it safely across the street. Cyclists, look for the bike signs,
stay in your bike lanes and bike boxes. The majority of pedestrian fatalities
(73 percent) and bicyclist fatalities (58 percent) occur at non-intersections.
Lastly, though pedestrians have the ultimate yield status, i.e., all on the
road must yield to a pedestrian, why take the risk? The safest choice my fellow
pedestrians and cyclists, is to never assume. Never assume you have the
right-of-way and certainly never assume others are following the law.
These safety tips are just tidbits. Most of them are
straight up common sense. For the full education, take the time and read the
full rules of the road for pedestrians and cyclists from the Colorado Bicycling
Manual. If life and limb is not reason enough to pick up the manual, then
consider it from a financial perspective.
If you are injured as a cyclist or a pedestrian, you may be
able to recover for your injuries, damages and losses. If you are injured by
someone driving a car, you may be able to make a claim against the insurance
carrier for the vehicle that hit you, as well as any uninsured or underinsured
motorist coverage you may have with your own automobile insurance (remember to
maximize those insurance policies for the most coverage available. This
protects you if you hit someone or are a victim). If you are injured as a
pedestrian or cyclist by another cyclist, you may be able to recover from the
at-fault cyclist’s homeowner or rental policy. When it comes time to attempt to
recover in your claim with any insurer, whether or not you followed the rules
of the road as a pedestrian or a cyclist may reduce the amount of your recovery
or even completely prohibit your ability to recover. You may not realize you
are not following the law as a pedestrian or cyclist so take a quick moment to
learn the rules of the road.
As a final note, you probably know many drivers don’t drive
with auto insurance, or their policies are minimal. Protect yourself, check
your automobile and homeowner/rental insurance policies, talk to your agent,
and ensure you have adequate insurance coverage, especially uninsured/
underinsured motorist coverage.
Now, quit being lazy, get out there on your bicycle, put on
those jogging shoes and hit the pavement. It is simple, be smart and be safe.
#stayingalive.
Kari Jones Dulin is a partner at Foster Graham Milstein
& Calisher, LLP. Ms. Jones Dulin’s practice is exclusively devoted to
plaintiff personal injury work. Whether a client was injured in car crash,
injured by a dangerous product, injured from a dangerous condition on someone’s
property or from medical negligence, Ms. Jones Dulin represents those who have
been injured because someone broke the law.”
May is Women’s Health Month and it’s the perfect time for
women to explore new, powerful ways to live healthy and feel their best. Here
are four ways to celebrate this month and integrate a well-rounded approach to
your health and wellness routine.
Start getting regular check-ups. Whether you’re new to
exercise, making a comeback after a hiatus, or you’re a seasoned expert, it is
important to check in with your doctor to discuss your physical activity. At
the age of 34, I only recently discovered that women should be getting annual
physicals just like men! This means paying a visit to your internal medicine
practitioner, not just your OB/GYN. Take this opportunity to discuss your diet
and current fitness routine. Ask for advice on where you should ease up or what
more you might incorporate.
Try something new. People often get into a rut with their
exercise routines, which can cause fitness goals to stall. To prevent this,
it’s a good idea to mix things up. Perhaps you can run a marathon, but you’ve
never tried a stretching class to increase flexibility and help muscles
recover. Maybe cardio isn’t your favorite, but you do like to dance. In this
case, try dance workouts such as Zumba and Nia. Adding something new can
reenergize your workouts, and it can prevent overuse injuries, break through
weight-loss plateaus and build new muscles.
Lift weights — properly. Because of increased risk of
osteoporosis, women specifically are advised to incorporate weight lifting into
their exercise routines. This disease involves a loss of bone density, and it
affects approximately half of women over the age of 50. Osteopenia is the
midway point between having healthy bones and having osteoporosis, and it can
actually be reversed through proper nutrition and regular weight lifting.
A personal trainer is a qualified expert who can guide you
through a new or existing weight lifting program and help you get the most from
your strength training. What makes a personal trainer better than a video or
fitness app is that the trainer can see you. This means they can keep a close
eye on your technique and alignment to maximize your moves and help prevent
injury.
Remember nutrition and mental health. Finally, it’s easy to
think health and wellness is based solely on being active. But there are other
components to consider as well, and that includes what we eat and how we feel.
For example, at a recent doctor’s appointment, I was advised
to start incorporating more fats and protein into my morning meals. I often
reach for fruit or cereal to get me going in the morning, but I’m learning
that’s just not enough to carry me through my workouts. Because of my busy
lifestyle, I can’t afford the time to make (and clean up) a whole meal with
eggs and bacon. One quick conversation with a nutritionist later, and I’m now
equipped with several easy, high-protein make-in-advance breakfast recipes.
We need to also recognize that total wellness includes our
mental well-being. Physical exercise, along with meditation and prayer, can
improve mental health. Sometimes, however, more specialized methods might be
necessary. Take an honest look at how you’re thinking and feeling and take
steps to clear and recharge your spirit and mind.
Cate is the fitness coordinator at the Littleton Family
YMCA. She has worked for the Y for more than 10 years and in various
capacities, including group fitness and personal training. She joined the
Denver YMCA in 2017 after moving to the area from Memphis, TN.
On Election Day May 7 we will all learn who the leaders are
in the City and County of Denver that we “deserve” particularly as pertains to
the next mayor. There are no excuses for us this election cycle. Four years
ago, Mayor Michael Hancock ran unopposed so we can hardly blame ourselves for
re-electing him to a second term.
Michael Hancock
Eight years ago, our excuse was, sure, he was inexperienced,
badly lacking in basic knowledge of important civic issues, but he was an
engaging African American councilman with an incredible feel good saga of
arising from poverty to prominence. Back then we just didn’t want to look
behind the curtain and see developer Pat Hamill and the executive crony
capitalists of the hilariously named “Colorado Concern” to see who would really
be running the city, with Hancock the mayor in name only.
We now know with absolute certainty that his Honor is a
moral and intellectual pigmy. If his rude, foul mouthed son is any example, he
is an equally disgraceful father as he is husband. Hancock spends his time going to
ribbon-cuttings in between workout sessions and chasing and harassing women
here in Denver, and out of town in Atlanta and Washington, D.C. We discovered
shortly after his first election that he is a john that cavorts with
prostitutes and is shameless in endlessly lying to try to cover it up. We
learned last year from a policewoman that he harasses women who work for him
and uses taxpayer money to gain their silence.
What Hancock has done to the city in eight short years is in
its own way truly amazing. He has destroyed parks and open space throughout the
city at the whim of high-density developers. Homeless street people control
portions of the 16th Street Mall where the smell of urine and feces permeates
the air for outdoor diners. Beautiful boulevards like Speer Boulevard have
become concrete canyons with buildings pushed right up to the street. The
Cherry Creek Bike Path has become, in part, a heroin needle drop-off point. He
championed, along with Councilman Albus “The Buddha” Brooks, to make Denver the
heroin capital of the West with so-called “Safe Injection Sites” only to be
shot down at the state capitol thanks to a state-wide revolt.
A City Hall awash in tax funds has done nothing for the
neighborhoods he and his compliant City Council and Planning Commission are
destroying. Not providing adequate parking in new developments has not stopped
people from using cars but rather made streets clogged and virtual parking lots
at certain times of the day.
Lisa Calderon
The one positive aspect to the homeowners of Denver has been
the ever-increasing value of homes and condominiums in the city. But that party
appears to be over with price of homes decreasing the last few months as the
quagmire that Denver has become is ever more evident to potential home buyers.
There are three great candidates for the office — urban planner Jamie Giellis, former state legislator and lawyer Penfield Tate III and Colorado Latino Forum Lisa Calderón. Each was featured at length last month on Page 3. So why in the world would anyone vote for Mayor Hancock this time? The city’s only daily paper, the sad and ever shrinking Denver Post gave a it a try in its endorsement of Mayor Hancock for a third and final term. It is broadly known that that The Denver Post, (which is no longer located in Denver but housed in its production plant in Adams County) is financially dependent on the City and County of Denver which is bailing it out of its white elephant office building across from City Hall and the State Capitol.
Jamie Giellis
In its endorsement, The Denver Post could not name a single
accomplishment of Hancock in his eight years in office. Instead the paper
proffered that we all should look forward to future projects such as the
revitalization of the National Western Stock Show Complex (which Hancock
originally tried to pawn off on Aurora) upgrades for the 16th Street Mall which
Hancock has effectively destroyed and bond money for roads and bike lanes etc.
How pathetic. The Post notes the many personal failings of Hancock but states
“accusations that he is in the back pockets of developers . . . miss the mark.”
Yeah, right.
In a bizarre, concluding paragraph, the paper declares that
we must re-elect Hancock because “he is the only candidate ready to meet the
challenges if this nation faces an economic downturn.” What in the world is the
editorial board of this 130-year-old paper talking about? Michael Hancock is
utterly inept at everything he has ever done. He could not manage his way out
of a paper bag. Maybe The Denver Post is referring to his handlers like
developer Pat Hamill but the paper should at least have the guts to say so.
Penfield Tate
One could sense The Denver Post Editorial Board was ashamed
of what it had composed and argued. The Comment Section in the paper on the
editorial was devastating with virtually every comment mocking and laughing at
the editorial. One of the less vitriolic, but apt comments, was one that stated
the Editorial Board should have published the editorial on April Fool’s Day
rather than April 12.
On the evening of May 7, we will learn whether we will have
assured a third term for Michael Hancock or we will have a runoff between
Hancock and one of the challengers. If it is a Hancock third term, we can look
in the mirror and realize that Denver’s greatest enemy is ourselves. If it is a
runoff, we can all gear up for a battle royale to try to save the city, we
love.
A new month is with us; the month of flowers, the fifth
month of the year and the month of big, important celebrations. Welcome May!
All things seem possible in May. Spring has sprung and we can again enjoy
running outside, the beauty of new flowers, and the passing of showers. It is
said this is the month when plants really start to grow.
May was originally the third month of the year in older
Roman calendars. It became the fifth month when the months of January and
February were added.
Here are our sweetest, stimulating springtime choices for
shopping, dining and entertainment to send you off into May’s bright, sunny
days as the clouds move on:
3 As the
ponies get ready to “run for the roses” on Sat., May 4, race down to the Bar
Car on Colorado Blvd. for Leukemia’s Benefit Bash derby party. The start time
is noon for this fun fundraiser. Information: 720-524-8099.
3 For a top
flight day, wing it to Jewish National Fund’s Breakfast for Israel at Wings
Over the Rockies May 9, 7-9 a.m. Information: 303-573-7095.
3 Enjoy a
colorful start to spring attending Spring Blossoms Gala benefit at Infinity
Park Event Center May 10, 5:30 p.m. Information: 303-867-4605.
3 Experience
the Harmony of Children at Children’s Choir concert of fun songs in Gates
Concert Hall May 11, 3 p.m. Information: 303-300-0470.
3 Allow
springtime and banking to blossom by banking on Sunflower Bank’s service this
season. It’s the largest bank headquartered in Denver with offices in Cherry
Creek and downtown. Information: 303-297-0333.
3 Transition
into spring-summer by enjoying late nights at the Bull & Bush. Popular
brewery-eatery offers a “$10 Late Nite Menu” from 10 p.m. to midnight every day
with burgers, more. Information: 303-759-0333.
3 Symphony
plays film scores from Psycho, Mother Goose and Batman at Boettcher May 17-19,
7:30 p.m., Sun. 1 p.m. Information: 303-893-4100.
3 See nearly
30 paintings by Denver born artist Jordan Casteel on display at the Denver Art
Museum through May 26. Information: 720-913-0130.
3 As Mother’s
Day (May 12) approaches nearly 48,000 women in Denver and Colorado are living
with Alzheimer’s disease. Women account for roughly two-thirds of all cases.
Furthermore nearly two-thirds of all unpaid volunteer caregivers are women. As
you celebrate your special mom consider a donation. Plus plan for annual
two-mile walk Sept. 4 to support the Sherman St.-based Assn. Information:
303-813-1669.
The hallmark of Spring is the return of color. The skies
seem bluer, the grass begins to green again, and the flowers bloom, bursting
open with color and fresh life. The trees begin to bud and the birds and
animals are becoming active again. The entire Cherry Creek Valley seems to be
waking up from this year’s very long Winter’s nap.
James Thomson, known for his poems The Seasons, put it this
way: “Among the changing months, May stands confest; The sweetest and in
fairest colors dressed.”
T.S. Eliot famously wrote: “But May is here, and what better
way to welcome this merry month than with music?” Johannes Brahms set many
texts about May and springtime to music. Yet it is Lerner & Loew’s The
Lusty Month of May from Camelot that for us lets memorable melody flow: “It’s
mad, it’s gay, a libelous display.”
— Glen Richardson
The Valley Gadfly can be reached at
newspaper@glendalecherrycreek.com.
