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HomeMy WebLinkAboutPACKET Town Board 2025-02-11The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, February 11, 2025 7:00 p.m. ACCESSING MEETING TRANSLATIONS (Accediendo a las Traducciones de la Reunión) To access written translation during the meeting, please scan the QR Code or click this link for up to 48 other languages (Para acceder a la traducción durante la reunión, par favor escanee el código QR o haga clic en el enlace para hasta 48 idiomas más): https://attend.wordly.ai/join/UOFH-5928 Choose Language and Click Attend (Seleccione su lenguaje y haga clic en asistir) Use a headset on your phone for audio or read the transcript can assist those having difficulty hearing (Use un auricular en su teléfono para audio o lea la transcripción puede ayudar a aquellos que tienen dificultades para escuchar). The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available or use the link above to access audio or read the transcript. ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m. the day of the meeting in order to be provided to the Town Board prior to the meeting. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1. Bills - https://dms.estes.org/WebLink/browse.aspx?id=253208. 2. Town Board Meeting and Study Session Minutes dated January 28, 2025. 3. Resolution 10-25 Intergovernmental Agreement with the Colorado Department of Transportation for the Downtown Estes Loop Project (OLA#: 331002864). 4. Resolution 11-25 Professional Services Contract with J-U-B Engineers, Inc. for Engineering and Design Services for Trail Design along US34 and SH7 - $549,564 Budgeted. Prepared 2025-01-31 *Revised NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 5. Resolution 12-25 Professional Services Agreement Amendment with JVA Engineering for the Prospect Mountain Water System Improvements Project - $384,500 Budgeted. 6. Estes Valley Public Library District Board Appointment of Cynthia Morriss for a four (4) year term beginning January 1, 2025 and ending December 31, 2028. ACTION ITEMS: 1. FINAL 2024 STRATEGIC PLAN PROGRESS REPORT AND AMENDED 2025 STRATEGIC PLAN. Town Administrator Machalek. To review the final 2024 Strategic Plan Progress Report and consider an amended 2025 Strategic Plan which incorporates 2024 Strategic Plan Objectives not completed in 2024. ADJOURN. Town of Estes Park, Larimer County, Colorado, January 28, 2025 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 28th day of January, 2025. Present: Gary Hall, Mayor Marie Cenac, Mayor Pro Tem Trustees Bill Brown Kirby Hazelton Mark Igel Frank Lancaster Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Hall called the meeting to order at 7:06 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Cenac/Hazelton) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Tom Kaszynski/County resident stated while obtaining signatures for the current Protect Estes Park (PEP) citizen initiated petitions individuals have commented on how upset they are with the Town. TRUSTEE COMMENTS. Board comments were heard and have been summarized: Police Auxiliary completed the Blue Santa program that served over 100 people; thanked staff for their efforts in snow removal; acknowledged the inaugural Skijour event held at the Fairgrounds; the Estes Park Planning Commission held a discussion on the criteria for rezoning; Colorado Area Ski Towns (CAST) to hold August meeting in Estes Park; attended the Larimer County Sheriff award banquet; attended the Mayor’s summit held by Colorado Municipal League (CML); Sister Cities to redo their website; the Regional Opioid Abatement Council would complete a new distribution cycle of $8.2 million; Visit Estes Park (VEP) discussed Placer.AI that collects data on visitors using geospatial data, holding a community roundtable in February, and two CEO finalists to complete in person interviews and a community meet and greet; EP Nonprofit Network would share information on the federal funding freeze; the Estes Park Housing Authority Board has a board vacancy; the Economic Development Workforce Council provides programs including the BASE program, two hour events on various topics, trainings, and case work with individual businesses; and a training to be held by Jeff Roberts on the Open Meetings and Open Records Act and encouraged the community to attend. TOWN ADMINISTRATOR REPORT. Policy Governance Monitoring Report - Policy 3.3. Town Administrator Machalek stated compliance and noted Section 3.3.6 Budget Contengency Plan had a gap in reporting since late summer due to the Finance Director position being vacant. Town Administrator Machalek thanked staff for their recent efforts during the electrical outage at Town Hall. He noted the electrical panels are undersized for the building and would be addressed in next few months. DR A F T Board of Trustees – January 28, 2025 – Page 2 CONSENT AGENDA: 1.Bill. 2.Town Board Meeting and Study Session Minutes dated January 14, 2025. 3.Estes Park Planning Commission Minutes dated November 19, 2024 (acknowledgement only). 4. Resolution 08-25 Contract with Everest Mechanical Estes Park LLC for On-Call Plumbing Services in 2025. 5.Appointment of Reuben Bergsten to the Platte River Power Authority Board of Directors for a 3- year term commencing January 1, 2025 and expiring December 31, 2027. 6.Acceptance of Town Administrator Policy Governance Monitoring Report. It was moved and seconded (Igel/Hazelton) to approve the Consent Agenda, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1.ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Ingram, Public Affairs Officer Patterson, and Caleb Waters/Facilities Manager & Deputy Superindentent provided updates on fuel mitigation, housing updates, transpoders, Fall River entrance, and the Moraine Park campground. Recent and ongoing fire mitigation has included actively burning piles and broadcast burning. Fire recovery from the recent fires in the park has been ongoing with most trails reopened, exotic plants monitoring and treatment, natural recovery and utiliizing natural processes, and Colorado River District (west side) housing continues to be replaced. A housing assessment for east side housing was completed with approximatey $70 million designated to address housing needs. The Fall River entrance construction has been completed with a transponder lane, fast pass lane, added. The Moraine Campground improvements over the past two years include the replacement and rehab of the water, electric, and wastewater systems, as well as improvements to accessiblity. Superintendent Ingram thanked the Rocky Mountain Conservancy for their support of the park. Board questions and comments were heard and summarized: questioned what federal administration changes would do to staffing and guest experiences for the upcoming summer; questioned what percentage of people make a time entry reservation; and complimented the Park on the shuttle bus contractor and questioned if there have been discussions on expanding the shuttle system. PLANNING COMMISSION ITEMS: 1.ACTION ITEMS: A. ORDINANCE 01-25, ZONING MAP AMENDMENT FOR 860 SOUTH SAINT VRAIN AVENUE, CHARLES SANTAGATI, OWNER/APPLICANT. Mayor Hall opened the public hearing. Director Careccia reviewed an application to rezone 860 South Saint Vrain Avenue a 0.98 acre site containing a home built in 1935. The site was identifed in the 1996 Comprehensive Plan as an important wildlife habitat area. The applicant requests to rezone the subject parcel from E (Estate) to RM (Multi-Family Residential). The property was down zoned from R-1 zoning which allowed two-family dwellings to a less intensity E zoning in 2000 during the valley wide rezoning. The conceptual site plan depicts ten two-story townhome units, each approximately 1,830 square feet in size. Each lot includes some exterior open space and deck or patio, with lot sizes ranging from approximately 3,300 square feet to 4,000 square feet. The development would utilize the workforce housing density bonus allowed by EPDC Section 11.4 to increase the number of units allowed from seven units to ten units, an increase of 43%. Six of the units would be deed restricted for 50 years to be sold or rented only to qualified members of the Estes Valley workforce. The other four units would not be subject DR A F T Board of Trustees – January 28, 2025 – Page 3 to the deed restriction. Staff reviewed the three criteria that must be met to rezone the property, including a change in conditions in the affected area, compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley, and relevant services providers shall have the ability to provide adequate services and facilities. Staff recommended that all three criteria were met due to changes in housing needs, the limited RM zoned property within town limits, the focus on infill development, policy to diversify available housing options, compatibility with the neighboring property, adequate public services, and the property identifed within the mixed use centers and corridors of the Estes Forward Comprehensive Plan. It was noted the Estes Park Planning Commission forwarded the rezoning application with a split vote or a neutral vote. Charles Santigati/applicant presented the proposed rezoing stating he has been a contractor in Estes Park for 25 years and owns Glacier Construction. He noted the project would provide additional workforce housing and built to code. The property was identified for the proposed development because of its accessiblity to the schools, hospital, multi-modal transportation options, and its proximity to town. Steve Lane/Basis Architect stated properties within the Estes Valley 2000 rezoning were rezoned based on use at the time with few properties identified as multi-family through the process. The 2017 code change allowed middle tier housing or attainable housing with up to 150% AMI. These conditions require a developer to identify a property to meet the rezoning requirement and develop around the code provisions. Trustee comments and questions have been summarized: questioned the use of the property to the south; questioned how the conceptual site plan meets the current Comprehensive Plan mix use corridor; questioned the increased denisty of the proposed development; and questioned the number of available workforce housing units available for purchase. Staff noted the property to the south has a deed restriction and development has been limited to a picnic shelter on the site. The Development Code does not contain a definition of mixed use. It was noted the valley currently has one workforce unit for sale. Those speaking in opposition of the rezoning included Hannah Fields/Town resident, Kristine Poppitz/County resident, Karl Kashe/Town resident, Jed Eide/Town resident, and Randy Krumpeck/Town resident. Those speaking commented the proposed development would not meet the three criteria for rezoning, no transition from single family to the proposed density, no change in conditions, need to conform to the Comprehensive Plan, unusally small lot for an RM site, and the units would not be attainable. Scott Molten/Estes Park Housing Authority Director and Town resident stated those in need of housing were not represented tonight through the discussion. He stated small infill development would be vital to the housing needs throughout the valley. The most significant housing stock need in the valley continues to be home for sale for the workforce. Additional Board comments and questions were heard and summarized: commented on the need to refine the rezoning criteria; questioned the change of conditions; concerned with the density; the proposal promotes the Estes Forward Comprehensive Plan; the proposal meets the criteria, would redevelop the property, most compelling would be the infill development, and in alignment with the other zoning in the area; and the proposal would be a suitable development for the area, stated rezoning is not permanent but rather semi-permanent, and this development makes sense in this location. Mayor Hall closed the public hearing. It was moved and seconded (Hazelton/Brown) to approve Ordinance 01-25, and it failed with Mayor Pro Tem Cenac, Trustee Lancaster, and Trustee Younglund voting “No” and Mayor Hall abstaining. DR A F T Board of Trustees – January 28, 2025 – Page 4 It was moved and seconded (Younglund/Cenac) to deny Ordinace 01-25 based on finding in favor of the comments in opposition of the application, and the motion failed with Trustees Brown, Hazelton and Igel voting “No” and Mayor Hall abstaining. It was moved and seconded to reconsider the motion (Hall/Cenac) to deny Ordinace 01-25 based on finding in favor of the comments in opposition of the application with Trustees Brown, Hazelton and Igel voting “No”. ACTION ITEMS: 1. RESOLUTION 09-25 SUPPORTING THE ESTES PARK SALUD FOUNDATION AND SALUD FAMILY HEALTH’S FUNDRAISING EFFORTS TO AVOID CLOSURE OF THE ESTES PARK SALUD FAMILY HEALTH CENTER. Deputy Town Administrator Damweber presented a resolution in support of the Salud Foundation and Salud Family Health’s fundraising efforts to avoid closure of the Estes Park Salud Family Health Center. The situation at the Estes Park Center continues to face a projected $1 million operating shortfall that may result in the need to close the clinic as of May 31. The Estes Park Salud Foundation has expressed a commitment to raise $1 million annually to support the operations of the Estes Park Center in order to keep the Center open. Hannah Fields/Town resident stated support of the resolution. It was moved and seconded (Igel/Cenac) to approve Resolution 09-25, and it passed unanimously. Whereupon Mayor Hall adjourned the meeting at 9:51 p.m. Gary Hall, Mayor Jackie Williamson, Town Clerk DR A F T Town of Estes Park, Larimer County, Colorado January 28, 2025 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 28th day of January, 2025. Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster, and Younglund Attending: All Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Attorney Kramer, Recording Secretary Campbell Absent: None Mayor Hall called the meeting to order at 4:30 p.m. SCOPING PROJECT FOR CAPACITY IMPROVEMENTS ON THE BIG THOMPSON RIVER AND FALL RIVER. The presentation was a follow-up to the Study Session presentation on September 10, 2024 where design concepts were presented with regards to the Big Thompson River, at which time the Board advised their interest in learning about the design concepts along the Fall River. Engineer Waters and the consultants provided a presentation regarding the Scoping Project study, funded by the Building Resilient Infrastructure and Communities (BRIC) program’s Flood Mitigation Assistance (FMA) grant, which aims to reduce or eliminate the risk of repetitive flood damage to buildings and structures insurable under the National Flood Insurance Program (NFIP). Results from the study performed by GEI Consultants included the complete design and build river corridor capacity improvements. The improvements include channel widening and/or deepening in the Big Thompson River and Fall River, as well as replacement of the Rockwell and Riverside bridges, and the pedestrian and bicycling infrastructure improvements. As of December 31, 2024, there are 141 active flood policies in Estes Park proper and does not include the unincorporated areas of Larimer County. Dr. Michael Scurlock with GEI Consulting advised that the goals of the study are to decrease how often and how severe the flooding would impact Estes Park. As well as reduce the potential property damage and improving public safety. There are two hurdles with the Benefit Cost Analysis which ensures that the overall project cost would be accepted by FEMA. The Environmental and Historic Preservation FEMA review has a set of guidelines that must be approved in order to obtain the grant money that would be needed for the project. Both of these items have been successfully completed with all required permits by EHP. The current issue at hand are the series of bridges in town that pressurize when the water rises due to the low height of the bridges. In order for water to flow under the bridges in a safe manner the capacity would need to increase below the bridges. The Riverside Drive bridge would need to have the water redistributed upstream to the Big Thompson River and Fall River, in order to achieve the desired capacity. Greg Muhonen/Public Works Director advised the objective of the project would be to increase the capacity in order to minimize the loss during a flood event. Dr. Michael Scurlock presented various design opportunities within this project which include mild swiftwater, accessible backwater, confluence access, Confluence Park (Hix Plaza) access and small hydraulic drops with little disruption to the wildlife and habitats. There are also design opportunities with regards to trails, such as, a connection to Moraine Ave. underpass, bridge over Fall River, bike path under a cantilevered walkway, bridge over Big Thompson River and a split path, and US 36 underpass. With DR A F T Town Board Study Session – January 28, 2025 – Page 2 regards to the effect on utilities, there would be the removal of two existing sanitary sewer crossings and relocation of channel electric to bridges and upgrade/replace power throughout the project area. The Board agreed to a public presentation during a future Town Board meeting due to time restraints during the Study Session, the complexity of the project, the impact on the community and the discussion of funding. PROPOSED RESOLUTION SUPPORTING IMMIGRANTS Town Administrator Machalek presented a draft resolution supporting immigrants in Estes Park which was proposed at the January 14th Town Board meeting. The feedback from the Board was varied with some Trustees advising that they would not be supporting the resolution versus other Trustees open to reaffirming the resolution with the option to have the discussion in a formal public meeting and not a study session, as well as possible amendments of the verbiage. After further conversation, Town Administrator Machalek would bring forth a resolution reaffirming Resolution #10-18 as an action item for future consideration by the Board. HB 24-1175 LOCAL GOVERNMENTS RIGHTS TO PROPERTY FOR AFFORDABLE HOUSING. Deputy Town Administrator Damweber stated the purpose of the discussion would be to determine if the new rights afforded by House Bill 24-1175 “Local Governments Rights to Property for Affordable Housings” should be assigned to the Estes Park Housing Authority. Specifically, HB 24-1175 permits the Town to assign 1) Right of First Refusal (ROFR) with regards to certain multi-family residential or mixed- use property with at least five units that are already affordable housing, and 2) a Right of First Offer (ROFO) for certain multi-family residential or mixed-use properties between 15-100 units regardless of affordability. An Intergovernmental Agreement (IGA) between the Town and the Estes Park Housing Authority would need to be in place to assign the new rights in the bill. Upon further consideration, the Board consensus was to bring forward an Intergovernmental Agreement (IGA). TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. None FUTURE STUDY SESSION AGENDA ITEMS. Estes Park Health – question and answer session Childcare Policy 225 COMMENTS & QUESTIONS. None There being no further business, Mayor Hall adjourned the meeting at 6:49 p.m. Gretal Campbell, Recording Secretary DR A F T PUBLIC WORKS Memo To: Honorable Mayor Gary Hall Board of Trustees Through: Town Administrator Machalek From: Greg Muhonen, PE, Public Works Director Date: February 11, 2025 RE: Resolution 10-25 Intergovernmental Agreement with the Colorado Department of Transportation for the Downtown Estes Loop Project (OLA#: 331002864) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: QUASI-JUDICIAL YES NO Objective: Consider an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) which establishes maintenance responsibilities and right of way agreements between CDOT and the Town pertaining to the Downtown Estes Loop (DEL) Project constructed by the Federal Highway Administration Central Federal Lands Highway Division (CFLHD) in downtown Estes Park. Present Situation: In 2014 the Town, CFLHD, CDOT, and Rocky Mountain National Park (RMNP) entered into agreements to conduct a comprehensive environmental assessment (EA) and public process to determine feasibility and support for the project. The partners agreed to fund, design, and construct roadway and bridge improvements to Elkhorn Avenue, Moraine Avenue, and West Riverside Drive to improve access to RMNP by reducing traffic congestion in downtown Estes Park. This route is the primary travel corridor to RMNP. These improvements were to be funded by a Federal Lands Access Program (FLAP) grant and CDOT Responsible Acceleration of Maintenance and Partnerships (“RAMP”) funds. Construction of the project was expected to occur in 2016. Community controversy and a lengthy process for acquiring additional rights of way for the project delayed construction to 2018, then to 2021. New Federal Emergency Management Agency (FEMA) modeling and mapping procedures for the revised floodplains within the project (triggered by the 2013 flood) further delayed submittal of FEMA floodplain permit applications, which delayed construction to 2022/2023. From 2019 thru 2022, CDOT acquired eight parcels for the demolition of multiple commercial and residential buildings and secured 42 easements from 23 property owners to provide sufficient area to construct the realignment of West Riverside Drive and a new bridge over the Big Thompson River. Also in early 2020, the Town requested revisions to the MoA and RA to clarify refinements to the project scope, costs, schedule, and funding responsibility. These changes were approved by the Town Board in Modification 1 to the MoA and Modification 4 to the RA. On May 24, 2022, the project Technical Advisory Committee members shared updated estimates on the project’s increased construction cost and extended construction duration expected due to the recent, significant cost escalation of materials and fuel, as well as supply chain challenges. Additional local match funding in the amount of $500,000 was approved by the Town Board (Resolution 60-22) in July 2022 through Modification 2 to the MoA and Modification 5 to the RA so the project could proceed to solicitation of contractor bids. On October 11, 2022, two higher-than-expected bids were opened. The low bid of $27,087,298 exceeded the Engineers Cost Estimate of $15,724,641 by $11.3 million. These results, and three options for future project direction, were discussed with the Town Board at a study session on November 8, 2022. Staff were directed to return with three options for additional consideration at a special public meeting on November 17, where the community could provide input. The Board further requested the November 17 meeting include an opportunity for public discussion on the merits of asking Estes Park voters to decide the future project direction. On November 17, 2022, the Town Board voted to approve a resolution which authorized the expenditure of additional Town funds to construct the DEL. Construction started in January 2023 and was substantially complete in October 2024. Proposal: Public Works staff propose the Town Board approve the IGA with CDOT which clarifies maintenance responsibilities and right of way agreements between CDOT and the Town pertaining to the public improvements within the Downtown Estes Loop (DEL) Project. Advantages: •Exhibit A within the IGA identifies land parcels acquired by CDOT during the DEL project to be transferred to the Town. This gives control to the Town regarding the future use of these land parcel fragments. •Additionally, Exhibit A clarifies which entity will own maintain, and operate specific roadway surfaces, pavement markings, signage, snow removal, and traffic signal improvements on the specific roadways modified by the DEL project. •CDOT, rather than the Town, will maintain the new pedestrian crossing traffic signals and the new Rectangular Rapid Flash Beacon. Disadvantages: •This IGA extends co-permitting opportunities to CDOT for Access, Utility, and Special Use permits on W Riverside Drive and E Riverside Drive in their new designation as US34 (EB); however, the Agreement affirms the Town’s retention of ownership and sole authority over land development activities adjacent to these roadways. •Ownership of new land parcels brings maintenance responsibilities for the landscape care of these parcels; however, ownership also gives the Town freedom to beautify these new parcels situated adjacent to the state highway route. Action Recommended: Public Works staff recommend approval of Resolution 10-25 which authorizes the Mayor to sign the Intergovernmental Agreement with CDOT. Finance/Resource Impact: This agreement will increase the Town’s cost for maintaining new landscaping, signs, sidewalks, and pavement marking on W Riverside Drive and E Riverside Drive. No new funding for capital improvements is requested by the IGA. Level of Public Interest: While the public interest in the DEL project was high during the design and construction phases, public interest in the maintenance details contained in this IGA are believed to be low. Sample Motion: I move for the approval/denial of Resolution 10-25. Attachments: 1. Resolution 10-22 2.Link - IGA with CDOT regarding the Downtown Estes Loop Project (OLA#: 331002864) RESOLUTION 10-25 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING MAINTENANCE RESPONSIBILITIES, USAGE, DESIGNATIONS, AND RIGHT-OF-WAY FOR THE DOWNTOWN ESTES LOOP WHEREAS, the Town Board desires to enter into the intergovernmental agreement referenced in the title of this resolution for the purposes of clarifying ownership and maintenance responsibilities of bridge, roadway, and intersection improvements constructed in downtown Estes Park by the Federal Highway Administration Central Federal Lands Highway Division. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Routing #: 23-HA4-XC-00137 OLA #: 331002864 Page 1 of 11 STATE OF COLORADO INTERGOVERNMENTAL AGREEMENT Signature and Cover Page State Agency Department of Transportation Agreement Routing Number 23-HA4-XC-00137 Local Agency The Town of Estes Park Agreement Effective Date The later of the effective date or September 1, 2024 Agreement Description Maintenance for the Estes Downtown Loop Project # STA-R400- 330 (20298) Region # 4 Contract Writer SW Exhibits and Order of Precedence The following Exhibits and attachments are included with this Contract: 1.Exhibit A – Scope of Work 2.Exhibit B – Maps 3.Exhibit C – MOA 4.Exhibit D – Easement Agreement 5.Exhibit E – Retaining Wall Plans 6.Exhibit F – Descriptions of Parcels Transferred In the event of a conflict or inconsistency between this Contract and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1.Colorado Special Provisions in §VI of the main body of this Contract. 2.The provisions of the other sections of the main body of this Contract. 3.Exhibit A, Statement of Work. 4.Executed Option Letters (if any). THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT Each person signing this Agreement represents and warrants that he or she is duly authorized to execute this Agreement and to bind the Party authorizing his or her signature. LOCALAGENCY The Town of Estes Park By:__________________________________________ *Signature Name:________________________________________ (Print Name) Title:_________________________________________ (Print Title) Date:_________________________________________ SECOND LOCAL AGENCY SIGNATURE, IF NEEDED The Town of Estes Park By:__________________________________________ *Signature Name:_______________________________________ (Print Name) Title:________________________________________ (Print Title) Date:________________________________________ Routing #: 23-HA4-XC-00137 OLA #: 331002864 THIRD LOCAL AGENCY SIGNATURE, IF NEEDED The Town of Estes Park By:__________________________________________ *Signature Name:_______________________________________ (Print Name) Title:________________________________________ (Print Title) Date:________________________________________ STATE OF COLORADO Jared S. Polis, Governor Colorado Department of Transportation Shoshana M. Lew, Executive Director By:__________________________________________ Keith Stefanik P.E., Chief Engineer Date:_________________________________________ STATE OF COLORADO LEGAL REVIEW Philip J. Weiser, Attorney General By:__________________________________________ Assistant Attorney General Date:________________________________________ AGREEMENT THIS AGREEMENT, is entered into by and between the State of Colorado for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION (the “State” or “CDOT”), and THE TOWN OF ESTES PARK “Local Agency”; CDOT and the Local Agency individually shall be referred to as a “Party”, and together shall be referred to as the “Parties.” RECITALS The Parties have or will design and constructed improvements for the Downtown Estes Loop Project and as part of the CO FLAP 34(1) & 36(1) Moraine Ave and Riverside Drive project, in Larimer County, Colorado, hereinafter referred to as the "Project” and/or the Parties have or will construct several Permanent Water Quality (“PWQ”) facilities and related elements for preventing stormwater pollution hereinafter referred to as the “Facilities”; and Page 2 of 11 Routing #: 23-HA4-XC-00137 OLA #: 331002864 Page 3 of 11 The Parties recognize the importance and benefit to their respective systems by the Local Agencies’ operation and maintenance of a portion of the Project and/or Facilities; and The Parties desire to agree upon the division of responsibility for their respective maintenance and operation obligations on the Project (the “Work”) and/or on the Facilities (the “Work”) as shown in Exhibit A pursuant to §43-2-135, C.R.S.; and The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily carry out its operations and maintenance responsibilities under this agreement; and Required approval, clearance and coordination has been accomplished from and with appropriate agencies; and This agreement is executed by the State under authority of §§43-1-106, 43-1-110, 43-1- 201, et seq., 43-2-102, and 43-2-144, C.R.S., as amended; and The Local Agency agrees by its execution hereof that it is duly authorized to enter into this agreement. Authorization may be evidenced by an appropriate ordinance/resolution or authority letter. The provision by the Local Agency to CDOT of such ordinance/resolution or authority letter is at the Local Agency’s discretion; and These recitals are hereby incorporated into the terms of this Agreement. NOW, THEREFORE, it is hereby agreed that: I.Scope of Work The "Work" under this agreement shall consist of the maintenance and operations of the Project and/or Facilities for constructed improvements for the Downtown Estes Loop Project and as part of the CO FLAP 34(1) & 36(1) Moraine Ave and Riverside Drive project, in Larimer County, Colorado, as set forth and depicted in Exhibit A. II.CDOT Commitments A.The State will provide liaison with the Local Agency through: Name & Title Gina Fox Region 4 Address 10601 10th Street City, CO Greeley, Colorado 80634 Phone: 970.939.6582 Email: gina.fox@stae.co.us B.Upon the execution of this agreement, CDOT shall accept maintenance responsibility for the portions of the Work identified as CDOT’s area of responsibility shown in Exhibit A. Routing #: 23-HA4-XC-00137 OLA #: 331002864 Page 4 of 11 C.By approving this agreement, CDOT grants the Town of Estes Park access to enter CDOT Right of Way(“ROW”) to perform inspection and maintenance duties. Though a separate access permit will not be required, notification to CDOT of a Local Agency approved and CDOT accepted Method of Handling Traffic (MHT) shall be required for any work impacting traffic. D.If Work includes PWQ, CDOT (and FHWA, if applicable) will make periodic inspections of the Facilities to verify that they are being adequately maintained and will report required and recommended maintenance items to the Local Agency. E.If Work includes PWQ, CDOT agrees it will not remove or alter the Facilities in such a way that reduces the documented treatment area as originally constructed. Should CDOT modify the Facilities to add additional treatment area, the changed treatment area shall be documented via a drainage report. CDOT may perform major reconstruction or capital improvement of the Facilities, if necessary, only after funding for the improvement has been identified and obtained per CDOT Updated Procedural Directive 501.1, Requirements for Storm Drainage Facilities and Municipal Separate Storm Sewer System Facilities (MS4), effective April 22, 2016. Prior to commencing any reconstruction activities, CDOT shall coordinate with the Local Agency to minimize impacts to landscaping enhancements that were installed by the Local Agency. CDOT will not be responsible for replacing any enhanced landscaping or irrigation installed by the Local Agency. III.Local Agency Commitments A.The Local Agency will provide liaison with the State through: Name & Title Gregory P Muhonen P.E. Public Works Director Local Agency Town of Estes Park Address 170 McGregor Ave City, CO Estes Park, CO Phone: 970.577.3581 Email: gmuhonen@estes.org B.Upon the execution of this agreement, the Local Agency shall accept maintenance responsibility for the portions of the Work identified as the Local Agency’s area of responsibility for the Work shown in Exhibit A. C.The Local Agency shall, at its own cost and expense, maintain, operate, replace, and make ample provision each year for the maintenance of those portions of the Work identified as the Local Agency’s area of responsibility, as Routing #: 23-HA4-XC-00137 OLA #: 331002864 Page 5 of 11 shown in Exhibit A. Such maintenance and operations shall be in accordance with all applicable federal and state statutes and ordinances, and regulations promulgated thereunder, which define the Local Agency’s obligations to maintain such improvements. D. Additionally, PWQ related work requires that the Local Agency shall perform the maintenance services in accordance with the most stringent MS4 (“MS4” means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) Permit requirements, whether the Local Agency or CDOT’s. The Local Agency shall, by Dec 31 of each year, inspect the Project, complete its inspection report and any maintenance records, and provide completed copies of that inspection report and any such maintenance records to CDOT Region E.Maintenance services to be performed by the Local Agency at its sole expense under this agreement shall include the services shown in Exhibit A. F.The Local Agency grants CDOT access to enter Local Agency ROW to perform CDOT’s maintenance duties as set forth in the attached Perpetual Easement Agreement attached as Exhibit D. G.The Local Agency shall perform the maintenance services in a satisfactory manner to State and FHWA (if applicable). Local Agency shall conduct such maintenance and operations in accordance with all applicable statutes, ordinances, and regulations pertaining to maintaining such improvements including §43-2-135, C.R.S and in a professional, competenet, diligent and workmanlike manner by knowledable, trained and qualified personel. The State and FHWA may make periodic inspections to verify that such improvements are being adequately maintained. If the Local Agency fails to perform the required maintenance CDOT will inform the Local Agency of any deficiencies, and the Local Agency will then have two weeks to correct the deficiences. If after notice, the Local Agency fails to perform the required maintenance and CDOT performs the maintenance, CDOT will charge the Local Agency for the actual and documented costs for such maintenance, and repair work including labor, equipment, supplies and materials for its performance of the work. If CDOT repairs any deficiencies, it is under no obligation to maintain or repair in the future. H.If Work includes PWQ, CDOT will require inspection and maintenance documentation from the Local Agency every year of the useful life and operation of the Facilities. The inspections shall be performed by a person experienced in the inspection of Facilities. Inspections must ensure proper Routing #: 23-HA4-XC-00137 OLA #: 331002864 Page 6 of 11 Facilities function and compliance with the most stringent MS4 permit requirements. Inspection and maintenance reports shall be submitted in writing by the Local Agency to the CDOT Permanent Water Quality Manager by December 31st of each year for the Facilities that receive flows from CDOT right of way. Any inspection form may be used if it is acceptable by agreement of the Parties and meets CDOT’s MS4 permit requirements. The Local Agency agrees to report maintenance activities to CDOT along with the inspection reports I. If Work includes PWQ, upon inspection of the Facilities, CDOT may issue a written notice to cure deficiencies if the Local Agency fails to inspect, report, or properly maintain the Facilities identified in Exhibit A. In the event the deficiencies are not remedied within three (3) months after written notice from CDOT to the Local Agency, CDOT may take whatever steps CDOT deems necessary to maintain the Facilities. The Local Agency shall reimburse CDOT its actual and documented costs for such maintenance and repair work including labor, equipment, supplies and materials. If CDOT repairs any deficiencies, it is under no obligation to maintain or repair in the future. J.Maintenance shall include, but is not limited to, maintaining the Project as constructed including any minor and/or major structural repairs of the Project necessary to meet the requirements of this Agreement. Specific responsibilities and obligations of the parties are further outlined in Exhibit A. K.If Work includes PWQ, maintenance shall include upkeep of the Facilities, cleaning, routine landscaping, removal of pollutants (including but not limited to sediment, debris, oil and other chemicals, trash, or other solid waste), and minor and major structural repairs of the Facilities as necessary to meet the requirements of this Agreement. L.The Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State, of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications pertaining in any manner to the Work. The Local Agency shall maintain such records as per their records retention policy, or at a minimum 6 years, in either paper or electronic form. If destruction of a record is part of the Local Agency records retention policy, the Local Agency will make the record available to CDOT prior to destruction of the record. Upon the expiration or termination of this Agreement, the Local Agency shall return any records provided by the State to the Local Agency as directed by the State. If the Local Agency is prevented by law or regulation from returning any such records provided by the State, the Local Agency warrants it will guarantee the confidentiality of such records. Nothing in this section will prevent the Local Agency from complying with CORA requests. Routing #: 23-HA4-XC-00137 OLA #: 331002864 Page 7 of 11 M.If Work includes PWQ, the Local Agency agrees it will not remove or alter the Facilities in any way that reduces the documented treatment area as originally constructed. Should the Local Agency modify the Facilities to add additional treatment areas, the changed treatment area shall be documented via a drainage report and as-built plans provided by the Local Agency to CDOT within the calendar year any such modification is completed by the Local Agency. With prior application to CDOT, and prior grant of consent by CDOT, the Local Agency may be permitted to expand or increase the capacity of the Facilities, and to landscape the area as determined by the Local Agency. N.The Local Agency shall be responsible for any fines levied against either party due to the Local Agency’s failure to comply with the terms of this Agreement. Notwithstanding anything in this Contract, any term included in this Contract that requires the Contractor to indemnify or hold the State harmless, or that conflicts with this provision in any way shall be void ab initio. IV.Joint Commitments A.If safety concerns are identified relating to the Construction Project and/or Facilities, CDOT will partner with the Local Agency and any other affected local jurisdictions to identify the appropriate response to maintain safe and functional Construction Project and/or Facilities. B.In the event the Construction Project and/or Facilities fail due to surpassing their useful life cycle, the Parties will be responsible for improvements that are not covered by maintenance responsibilities of the Local Agency pursuant to Exhibit A. Only after funding for the improvement has been identified and obtained may the Parties perform major capital improvement of the Project and/or the Facilities. If work is performed without an Agreement or funding secured it is done at that parties’ own expense. C.Any fines levied against CDOT, or the Local Agency shall be the responsibility of the Party whose action or inaction is the cause of the fine, regardless of which Party the fine is levied against. V.GENERAL PROVISIONS A.Assignment Local Agency’s rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Local Agency’s rights and obligations approved by the State shall be subject to the provisions of this Agreement. B.Captions and References Routing #: 23-HA4-XC-00137 OLA #: 331002864 Page 8 of 11 The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits, or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C.Entire Understanding This Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Agreement. D.Modification The State may modify the terms and conditions of this Agreement by issuance of an updated Agreement, which shall be effective if Local Agency accepts Agreement Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Agreement in a formal amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E.Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Agreement Issuance Date. Local Agency shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F.Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Agreement and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference. G.Severability The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Agreement in accordance with the intent of the Agreement. H.Survival of Certain Agreement Terms Routing #: 23-HA4-XC-00137 OLA #: 331002864 Page 9 of 11 Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of the Agreement shall survive the termination or expiration of the Agreement and shall be enforceable by the other Party. I. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described above, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. J. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. K . Accessibility i. Contractor shall comply with and the Work Product provided under this Contract shall be in compliance with all applicable provisions of §§24- 85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Contractor shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. ii. The State may require Contractor’s compliance to the State’s Accessibility Standards to be determined by a third party selected by the State to attest to Contractor’s Work Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. L. Federal Provisions Local Agency shall comply with all applicable requirements of Exhibit C at all times during the term of this Grant. VI. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts. Contractor refers to Local Agency and Contract refers to Agreement. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Routing #: 23-HA4-XC-00137 OLA #: 331002864 Page 10 of 11 Project, as defined in §24-37.5-102(19), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S., applicable Local Agency law, rule or regulation. Financial obligations of the Parties payable after the current State Fiscal Year or fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the Parties, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E.COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F.CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract Routing #: 23-HA4-XC-00137 OLA #: 331002864 Page 11 of 11 shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Contract that requires the Parties to indemnify or hold Contractor harmless; requires the Parties to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I.EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK EXHIBIT A Scope of Work Exhibit A - Page 1 of 4 Estes Park/CDOT IGA Scope Outline Updated May 3, 2023, October 12, 2023 The Federal Highway Administration(FHWA), Central Federal Lands Highway Division (“CFLHD”) is requesting the State of Colorado Department of Transportation (“CDOT”) to acquire Right of Way and assist in utility relocation coordination for the proposed improvements to US Highway 36, Elkhorn Avenue, and Riverside Drive in the Town of Estes Park, Colorado as a part of the CO FLAP 34(1) & 36(1) Moraine Ave and Riverside Drive project. The Memorandum of Agreement (“MOA”) between the CDOT, the Town of Estes Park (“Estes Park”), the National Park Service and CFLHD which was executed on 6/12/14. The project will reconfigure the circulation system through Estes Park by realigning and reconstructing West and East Riverside Drives into a continuous one-way (eastbound) roadway and reconfiguring Elkhorn Avenue/Moraine Avenue to a one-way configuration (westbound) creating one-way couplets through Estes Park that would be US Highway 36. The reconfiguration would also include upgrades to Rockwell Street to accommodate additional traffic from the change of Elkhorn Avenue to one-way in the westbound direction. This scope outlines maintenance responsibilities, usage, designations, and right-of-way agreements for the Downtown Estes Loop Project (DEL) as agreed upon by the Colorado Department of Transportation (CDOT) and the Town of Estes Park. The area covered by this agreement is US 34C (E Elkhorn Ave), US 36A (Moraine Ave) and US 36 (W Riverside & E Riverside Dr.). See the attached exhibit of roadways included in this document. This Scope of Work does not include Permanent Water Quality Facilities or Structures. All references to PWQ, MS4, and related items in the agreement are therefore inapplicable." 1.Right of Way (ROW) a.As part of the DEL, CDOT has obtained necessary ROW. CDOT agrees to transfer ownership of the following parcels to Estes Park: i.AP-2: 335, that portion described as AP-2 EX ii.AP-3: 221 E. Riverside Drive iii.AP-4: 201 E. Riverside Drive iv.AP-5: 189/191 E. Riverside Drive v.AP-6: 124 E. Riverside Drive vi.AP-7: 120 E. Riverside Drive vii.RW-11 W. fronting on Crags Drive b.Estes Park retains ownership over W Riverside &E Riverside Drives and agrees this route be designated Eastbound (EB) US 36. State statutes and regulations apply. c.CDOT's transfer of real property is subject to execution of a separate agreement(s) properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. 2.Maintenance – US 34C (E Elkhorn Ave) and US36A (Moraine Ave) a.CDOT is responsible for snow removal from curb to curb (snow windrows to be plowed and stored on right side of E Elkhorn Ave and Moraine Ave) within CDOT ROW, including the new roundabout. When winter weather conditions are not conducive to expedient natural melting of the snow windrows, or size of the snow windrows cannot be contained within the right-most travel lane, EXHIBIT A Scope of Work Exhibit A - Page 2 of 4 Estes Park, in its sole discretionary judgement, is responsible to load and haul away the snow windrows as needed to preserve the safe operation of the roadway for motorists. b.CDOT is responsible for roadway surface maintenance, including repair cracks, fill potholes, and resurface the roadway as needed on E Elkhorn Ave and Moraine Ave. c.CDOT is responsible for maintenance of all traffic/pedestrian signals and (2) rectangular rapid flash beacons (208+00, 202+40) on E Elkhorn Avenue and Moraine Avenue. d.Lighting will not be attached to the signal poles at Elkhorn/Riverside and Elkhorn/Moraine at Estes Park request. If CDOT determines at a later date that lighting on the signal poles is needed for safety, operations, or changes to pedestrian lighting: Estes Park will be responsible for associated costs to install lighting on the signal poles following CDOT Standard Plan S-613-1. Upon installation, CDOT will be responsible for lighting attached to signal poles. e.Estes Park is responsible for maintaining lighting at the roundabout per Colorado Division of authority over streets (CRS 43-2-135). f.Estes Park is responsible for maintaining all ornamental, pedestrian-scale streetlights. g.Estes Park is responsible for all landscaping and associated irrigation including the interior of the roundabout central island. h.CDOT is responsible for concrete elements of the roundabout, such as splitter islands, center island, truck apron, and median cover. i.CDOT is responsible for the pedestrian crosswalks on E Elkhorn Ave and Moraine Ave. j.Estes Park, or its assignees as set forth in the Estes Park Municipal Code, is responsible to maintain the curbs, gutters, and sidewalks adjacent to all the roadways per Colorado Division of authority over streets. (CRS 43-2-135) k.CDOT owns (or will own) and be responsible for maintaining the following structures: i.C-14-C: Bridge US 36 Moraine mainline over Fall River (40.375556, -105.523611) ii.O036A006563RRA: Wall US 36 Moraine mainline milepost 6.56 (40.374034, -105.523491) iii.R036A006476RRA: Wall US 36 Moraine mainline milepost 6.47 (40.37328, -105.52347) iv.R036A006432RRA: Wall US 36 Moraine mainline milepost 6.xx (40.372316, -105.524319) l.CDOT is responsible for epoxy and thermoplastic pavement markings on E Elkhorn Ave and Moraine Ave, including the roundabout. CDOT will replace the leaders only on the Barns dance crosswalk. m.Estes Park is responsible for maintaining green paint for pavement markings and signal poles. n.Estes Park is responsible for storm sewer features, including sediment/trash removal from inlets, manholes, pipes, and water quality vaults. o.CDOT is responsible for roadway signage (route markers, directional signs) on E Elkhorn Ave and Moraine Ave. p.Estes Park is responsible pedestrian wayfinding signage on E Elkhorn Ave and Moraine Ave. 3.Maintenance – EB US 36 (W Riverside & E Riverside Dr.) a.Estes Park is responsible for snow removal on W Riverside & E Riverside Dr. When winter weather conditions are not conducive to expedient natural melting of the snow windrows, or size of the snow windrows cannot be contained within the right-most travel lane, Estes Park, in its sole discretionary judgement, is responsible to load and haul away the snow windrows as needed to preserve the safe operation of the roadway for motorists. EXHIBIT A Scope of Work Exhibit A - Page 3 of 4 b.Estes Park is responsible for roadway surface maintenance, including repair cracks, fill potholes, and resurface the roadway as needed on W Riverside & E Riverside Dr. c.Estes Park is responsible for lighting on W Riverside & E Riverside Dr. d.Estes Park is responsible for landscaping and associated irrigation including the interior of the roundabout. e.CDOT agrees to be the entity that maintains the pedestrian signal on East Riverside Drive just South of Elkhorn Ave. However, this signal is not within CDOT right of way and as such, Estes Park maintains ultimate liability for this pedestrian signal. Estes Park has granted CDOT a Permanent Easement (Labeled as “PE-33”) to provide access for construction, operation, and maintenance of the midblock pedestrian/traffic signal and control equipment located on Riverside Drive south of the intersection of US36 (Elkhorn Avenue). The Permanent Easement agreement is attached to the IGA as an Exhibit. Estes Park will promptly inform CDOT if the pedestrian signal requires maintenance. f.Estes Park, or its assignees as set forth in the Estes Park Municipal Code, is responsible to maintain the curbs, gutters, and sidewalks adjacent to all the roadways per Colorado Division of authority over streets (CRS 43-2-135). g.Estes Park owns and is responsible for the maintenance of the following structures: i.EP-WESTRVR-THOMESTES: W Riverside Dr. Bridge over Big Thompson River (40.374475, -105.522337) ii.EP-EASTRVR-THOMESTES: Riverside Bridge over Big Thompson River (40.375846, - 105.521230) iii.EP-RCKWLL-ESTES: Rockwell Bridge over Big Thompson River (40.375205, -105.521935) iv.EP-RET-Walls: Retaining walls between Moraine Ave and Riverside Dr, RW-03A, RW-03B, RW-03C, and RW-03D (40.373028, -105.523324) (See Exhibit Retaining Wall Sheets G-10, G-11, G-12) h.Estes Park is responsible for pavement markings on W Riverside & E Riverside Dr. Pavement markings must meet the requirements outlined in the most current version of the CDOT Standard Specifications for Road and Bridge Construction and the CDOT M&S Standards. Any variances to standards must be approved by the CDOT Region 4 Traffic Engineer prior to use. i.Estes Park is responsible for maintaining green paint for pavement markings and signal poles. j.Estes Park is responsible for storm sewer features, including sediment/trash removal from inlets, manholes, pipes and water quality vaults. k.Estes Park is responsible all roadway and pedestrian wayfinding signage on W Riverside & E Riverside Dr. 4.Transportation Usage a.Estes Park shall maintain two, 12-foot-wide thru travel lanes on W Riverside & E Riverside Dr. designated as the EB US 36 route between Moraine Ave and E Elkhorn Ave. If the transportation usage for this section is changed and results in fewer than two, 12-foot-wide thru lanes, the party in control of the change will be responsible for reverting Moraine Ave and E Elkhorn Ave back to EXHIBIT A Scope of Work Exhibit A - Page 4 of 4 two-way traffic, including all associated costs to do so, unless otherwise agreed upon in writing by CDOT and the Town of Estes Park. This does not apply to temporary lane closures. b.Changes to traffic patterns, speed limits or traffic operations on W Riverside & E Riverside Dr. must be reviewed by and approved by CDOT prior to the change taking effect. c.Temporary lane closures on W Riverside & E Riverside Dr. shall follow the lane closure schedules in the current edition of the CDOT Region 4 Lane Closure Strategy, unless necessitated by a public safety emergency or a variance is granted by the Region 4 CDOT Traffic Engineer for unique circumstances that warrant modification(s) to the basic lane closure schedule. A variance request from Estes Park to CDOT should, at a minimum, include the following contents: i.A reiteration of the allowed hours provided in the Lane Closure Strategy ii.A presentation of the requested change to the allowed hours, specifying the new hours by the season, day-of-week and hour iii.A concise statement of the reason why a variance is being requested iv.A technical basis supporting the new allowed hours. Technical information may include: 1.Recent traffic counts that show a different daily volume or hourly traffic pattern from the data used for the Lane Closure Strategy 2.Presentation of a traffic control strategy that would make use of alternate traffic routing or traffic control measures that would soften the impact of the lane closure during the new allowed hours. 3.Cost efficiencies that would result from implementing the new lane closure hours d.Applications to add a new access or modify an existing access on W Riverside & E Riverside Dr. shall be submitted to CDOT. CDOT will consider the issuance of access permits. No passage in this IGA shall be construed in a manner to reduce or influence Estes Park’s ability to control development through their local land-use approval process. e.CDOT is responsible for issuing Utility and Special Use Permits per the Colorado Utility Accommodation Code for any utility work on E. Elkhorn Ave., Moraine Ave. and Riverside Drive. No passage in this IGA shall be construed in a manner to prohibit Estes Park from issuing concurrent town specific Utility or Special Use Permits under their own relevant permitting guidelines. In instances where CDOT requirements and Estes Park requirements differ, the more stringent requirements shall apply. f.Estes Park is responsible for issuing local utility and right-of-way permits per local requirements for any utility work on W Riverside & E Riverside Dr. g.Under the State and Federal agreements on Outdoor Advertising, CDOT retains enforcement power for Outdoor Advertising on W Riverside & E Riverside Dr. US 34C (E l k h o r n A v e ) US 34C (E l k h o r n A v e ) US 3 4 A (W o n d e r v i e w Av e ) US 34 A (Big T h o m p s o n Ave) US 36B(St Vrain Ave) US 3 6 A ( Mo r a i n e A v e ) US 36A (Moraine Ave) E R i v er s i d e U S 3 6 ( W Dr) Riv e r s i d e US 3 6 (R i v e r s i d e D r ) EXHIBIT B MAPS Exhibit B - Page 1 of 3 Mo r a i n e A v e (U S 3 6 ) Moraine Ave (US 36)Crags Dr Ro c k w e l l S t W E l k h o r n A v e E Riverside Dr Ivy St Ivy St Riv e r s i d e D r E E l k h o r n A v e ( U S 3 4 ) Big Horn Dr Park Ln Pre-Project Traffic Conditions EXHIBIT B MAPS Exhibit B - Page 2 of 3 Mo r a i n e A v e (U S 3 6 ) Moraine Ave (US 36)Crags Dr Ro c k w e l l S t W E l k h o r n A v e E Riverside Dr E Rive r s i d e D r E E l k h o r n A v e ( U 3 4 ) Big Horn Dr Park Ln W Riverside Dr (US 3 6 ) Post-Project Traffic Conditions EXHIBIT B MAPS Exhibit B - Page 3 of 3 EXHIBIT C MOA Exhibit C - Page 1 of 21 EXHIBIT C MOA Exhibit C - Page 2 of 21 EXHIBIT C MOA Exhibit C - Page 3 of 21 EXHIBIT C MOA Exhibit C - Page 4 of 21 EXHIBIT C MOA Exhibit C - Page 5 of 21 EXHIBIT C MOA Exhibit C - Page 6 of 21 EXHIBIT C MOA Exhibit C - Page 7 of 21 EXHIBIT C MOA Exhibit C - Page 8 of 21 EXHIBIT C MOA Exhibit C - Page 9 of 21 EXHIBIT C MOA Exhibit C - Page 10 of 21 EXHIBIT C MOA Exhibit C - Page 11 of 21 EXHIBIT C MOA Exhibit C - Page 12 of 21 EXHIBIT C MOA Exhibit C - Page 13 of 21 EXHIBIT C MOA Exhibit C - Page 14 of 21 EXHIBIT C MOA Exhibit C - Page 15 of 21 EXHIBIT C MOA Exhibit C - Page 16 of 21 EXHIBIT C MOA Exhibit C - Page 17 of 21 EXHIBIT C MOA Exhibit C - Page 18 of 21 EXHIBIT C MOA Exhibit C - Page 19 of 21 EXHIBIT C MOA Exhibit C - Page 20 of 21 EXHIBIT C MOA Exhibit C - Page 21 of 21 EXHIBIT D Easement Agreement Exhibit D Page 1 of 5 EXHIBIT D Easement Agreement Exhibit D Page 2 of 5 EXHIBIT D Easement Agreement Exhibit D Page 3 of 5 EXHIBIT D Easement Agreement Exhibit D Page 4 of 5 EXHIBIT D Easement Agreement Exhibit D Page 5 of 5 ϳͬϭϮͬϮϮ EXHIBIT E Retaining Wall Plans Exhibit E Page 1 of 3 ϳͬϭϮͬϮϮ EXHIBIT E Retaining Wall Plans Exhibit E Page 2 of 3 ϳͬϭϮͬϮϮ EXHIBIT E Retaining Wall Plans Exhibit E Page 3 of 3 As part of the Downtown Estes Park Loop Project, Project # STA-R400-330 (20298), CDOT has obtained necessary ROW. CDOT agrees to transfer ownership of the following parcels and/or easements to Estes Park: i.AP-2EX: 335 W. Riverside Drive ii.AP-3: 221 E. Riverside Drive iii. AP-4: 201 E. Riverside Drive iv. AP-5: 189/191 E. Riverside Drive v. AP-6: 124 E. Riverside Drive vi. AP-7: 120 E. Riverside Drive vii. RW-11: W. fronting on Crags Drive viii. RW-13: a portion of 292 Moraine Avenue ix. RW-22: a portion of 170 E. Riverside Drive x. RW-23: a portion of 160 E. Riverside Drive xi. RW-24 and RW-24A: portions of 150 E. Riverside Drive xii. PE-10 Rev will be amended to add the Town of Estes Park as a Grantee. xiii. PE-21 and PE-21A will be transferred to the Town of Estes Park. xiv. PE-28 will be transferred from CDOT to CDOT and the Town of Estes Park. Legal Descriptions of the above referenced transfers are as follow: EXHIBIT F Description of Parcels Transfered Exhibit F Page 1 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 2 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 3 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 4 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 5 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 6 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 7 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 8 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 9 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 10 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 11 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 12 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 13 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 14 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 15 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 16 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 17 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 18 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 19 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 20 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 21 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 22 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 23 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 24 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 25 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 26 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 27 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 28 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 29 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 30 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 31 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 32 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 33 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 34 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 35 of 36 EXHIBIT F Description of Parcels Transfered Exhibit F Page 36 of 36       PUBLIC WORKS Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Trevor Wittwer, Civil Engineer Jeff Bailey, Town Engineer Date: February 11, 2025 RE: Resolution 11-25 Professional Services Contract with J-U-B Engineers, Inc. for Engineering and Design Services for Trail Design along US34 and SH7- $549,564 Budgeted. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works staff seek Town Board approval for a professional services contract with J-U-B Engineers, Inc. for the design of multi-use trails along US 34 and SH 7. The proposed project is budgeted through Open Space funds. Present Situation: Trail Reconstruction of US34 and SH7 is a Capital Improvement Plan project that spans over nine phases. The trails along these corridors have deteriorated and need reconstruction to bring them up to ADA standards. This contract will provide design for 1.3 miles on US34 and 1.7 miles on SH7. Public Works staff have selected J-U-B Engineers, Inc as the most qualified firm. Proposal: Public Works staff propose approval of the professional services contract with J-U-B Engineers, Inc. for the design of multi-use trails for US 34 and SH 7, in an amount not to exceed $549,564 inclusive of labor and expenses. The J-U-B team is ready to begin the project upon receipt of a formal Notice to Proceed from the Town. Advantages: •Improved stormwater drainage •Updated trails for the residents and visitors •Improvements will also ensure full compliance with Americans with Disabilities Act (ADA) standards, wherever feasible, to ensure access for users of all abilities. Disadvantages: •This project represents an investment of Town resources, both financial and staff time; the project’s budget may be fluid with possible changes to scope. Town staff have robust experience managing this type of project. Action Recommended: Public Works staff recommend approving the attached professional services contract with J-U-B Engineers, Inc in the amount of $549,564. Finance/Resource Impact: Current Impact: 220-4600-462.35-60 Open Space, Walkways & Bikeways (TR34-1), $549,564 expenditure, $550,000 available budget as of January 24, 2025. $300,000 of the budgeted amount was originally slated for the first phase of construction, but given the amount of design needed and timeline to complete design of both trail segments, the funds will be used to complete 100% design. Future Ongoing and/or One Time Impacts: Completion of the design will result in future construction costs that will be addressed by pursuing additional grant funding and through the Town’s regular annual budgeting and/or Capital Improvement Plan (CIP) process. 1A Trails Expansion funds will be budgeted for future construction phases. Level of Public Interest PW staff anticipate moderate interest in the design of this project, particularly along US 34 where there are many commercial lodging and tourism businesses. Sample Motion: I move for approval/denial of Resolution 11-25 Attachments: 1. Resolution 11-25 2.Professional Services Contract with J-U-B Engineers, Inc. for Engineering and Design Services for Trail Design along US34 and SH7. 3.Selection Committee Proposal Scoring Summary 4.Link - RFP for the Project and Service Proposals for •J-U-B Engineers, Inc. •Otak, Inc. •Muller Engineering Company RESOLUTION 11-25 APPROVING A PROFESSIONAL SERVICES CONTRACT WITH J-U-B ENGINEERS, INC. FOR ENGINEERING AND DESIGN SERVICES WHEREAS, the Town Board wishes to enter a professional services contract referenced in the title of this resolution for design of the multi-use trails along US 34 and SH 7. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the Professional Services Contract referenced in the title of this resolution in substantially the form now before the Board. The maximum expenditure amount is $549,564 for this design project. DATED this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 PROFESSIONAL SERVICES CONTRACT Design and Engineering Services for US 34 and SH 7 Trail Reconstruction The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and J-U- B Engineers, Inc., (Contractor or Consultant), an Idaho corporation, whose address is 2809 E. Harmony Road, Suite 300, Fort Collins, CO 80528, make this Contract this __________ day of ____________________, 2025, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the services of Consultant outlined in Consultant's Proposal; and 1.2 Consultant has agreed to provide the Services outlined in its Proposal, on the terms and conditions stated in this Contract. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 2.1 Change Orders; 2.2 Notice to Proceed; 2.3 This Contract; 2.4 The following Addenda, if any: Number Date Pages 1 November 1, 2024 1 2.5 Request for Proposals, containing 27 pages, dated November 1 2024; 2.6 Consultant's Proposal, containing 54 pages, dated November 21, 2024; and 2.7 Insurance Certificates. ATTACHMENT 2 Town of Estes Park Professional Services Contract --Page 2 of 12 3 SCOPE OF SERVICES: Consultant shall provide and furnish at its own cost and expense all materials, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to provide its Services in strict accordance with the conditions and prices stated in the Contract Documents. 4 BEGINNING WORK AND COMPLETION SCHEDULE: The Consultant shall begin services under this Contract upon receiving Town’s notice to proceed. Consultant shall timely perform its Services, according to the Performance Schedule given on page 4 of the Request for Proposal dated November 1, 2024, incorporated into this Contract, or as otherwise directed by Town. 5 PRICE: The Town will pay Consultant for the performance of this Contract, not to exceed $549,564, as the Price for the total Services performed as stipulated in Consultant's Proposal. This Contract does not create a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Town under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the Town periodically, but no more frequently than once a month. Each bill shall contain a statement of the time the primary employees spent on the Services since the previous bill, a brief description of the Services provided by each such employee, and an itemization of direct expenses. The Town will pay each such bill which it finds to be in accordance with this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Contract, or claims the right to withhold payment of any part of a bill, it will promptly notify Consultant of the question, nonconformity or reasons for withholding. 7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any of its obligations under this Contract. Notwithstanding any other terms of this Contract, Town may withhold any payment (whether a progress payment or final payment) to Consultant under the following conditions: 7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. 7.2 Consultant is in default of any of its obligations under this Contract or any of the Contract Documents. 7.3 Any part of such payment is attributable to Services not conforming to this Contract. (Town will pay for any part attributable to conforming Services). 7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid will not be sufficient to complete the Services according to this Contract. 8 CONSULTANT'S DUTIES: Town of Estes Park Professional Services Contract --Page 3 of 12 8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to perform the Services. Consultant accepts the relationship of trust and confidence established between it and the Town by this Contract. Consultant will use its best efforts, skill, judgment, and abilities. Consultant will further the interests of Town according to Town’s requirements and procedures, according to high professional standards. 8.2 Consultant has and will undertake no obligations, commitments, or impediments of any kind that will limit or prevent its performance of the Services, according to the Town's best interests. In case of any conflict between interests of Town and any other entity, Consultant shall fully and immediately disclose the issue to Town and, without Town's express approval, shall take no action contrary to Town's interests. 8.3 Consultant’s Services under this Contract shall be of at least the standard and quality prevailing among recognized professionals of expert knowledge and skill engaged in the Consultant's same profession under the same or similar circumstances (the Standard of Care). 8.4 In accordance with the Standard of Care, Consultant's work, including drawings and other tangible work products provided to Town, will be accurate and substantially free from any material errors, and will conform to the requirements of this Contract. Town approval of defective drawings or other work shall not diminish or release Consultant's duties, since Town ultimately relies upon Consultant's skill and knowledge. 8.5 The Contract Documents determine whether the Consultant's Scope of Services includes detailed independent verification of data prepared or supplied by Town. Consultant will, nevertheless, call to Town's attention anything in any drawings, plans, sketches, instructions, information, requirements, procedures, or other data supplied to Consultant at the time of execution (by the Town or any other party) that Consultant knows, or reasonably should know, is unsuitable, improper, or inaccurate for Consultant's purposes. 8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town requires. Town will give reasonable notice of any such meetings, so Consultant may attend. 8.7 As applicable state and federal laws may require, Consultant will assign only persons duly licensed and registered to do work under this Contract. 8.8 Consultant shall furnish efficient business administration and superintendence and perform the Services in the most efficient and economical manner consistent with the best interests of Town. 8.9 Consultant shall keep its books and records for Services and any reimbursable expenses according to recognized accounting principles and practices, consistently applied. Consultant shall make them available for the Town's inspection at all Town of Estes Park Professional Services Contract --Page 4 of 12 reasonable times. Consultant shall keep such books and records for at least three (3) years after completion of the Services. 9 TOWN'S DUTIES: 9.1 Town will provide full information to the Consultant on the Town's requirements in a timely manner. 9.2 Town will assist the Consultant by providing such pertinent information available to Town, including maps, studies, reports, tests, surveys and other data, as Consultant specifically requests. 9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other documents presented by the Consultant to Town for decisions. Town will obtain the advice of other consultants, as the Town thinks appropriate. Town will give decisions to the Consultant in writing within a reasonable time. 9.4 Town will appoint a person to act as Town's representative on this Agreement. This person will have authority to issue instruction, receive information, interpret and define the Town's policies and decisions on the Consultant’s Services. 9.5 Town will give prompt written notice to the Consultant when the Town notices any development that affects the scope or timing of the Services. 10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion of this Agreement and lacks control of the future use of Consultant's work. Except for deficiencies in Consultant’s performance under this Agreement, future use and interpretation of Consultant’s work is at the risk of Town or other users. 10.1 The Consultant will keep record copies of all work product items delivered to the Town. 11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings, specifications, computations, sketches, test data, survey results, renderings, models, and other materials peculiar to the Services of Consultant or Consultant’s subconsultants under this Contract are property of Town, for its exclusive use and re-use at any time without further compensation and without any restrictions. Consultant shall treat all such material and information as confidential, and Consultant shall neither use any such material or information or copies on other work nor disclose such material or information to any other party without Town's prior written approval. Upon completion of Services, or at such other time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set of all such materials. For copyright ownership under the Federal Copyright Act, Consultant conveys to Town and waives all rights, title and interest to all such materials in written, electronic or other form, prepared under this Contract. Town shall have worldwide reprint and reproduction rights in all forms and in all media, free of any claims by the Consultant or its subconsultants and subcontractors. The Town's rights, granted above, in drawing details, designs and specifications that are Consultant's standard documents for similar projects, and in Consultant’s databases, computer software and other intellectual property developed, used Town of Estes Park Professional Services Contract --Page 5 of 12 or modified in performing Services under this Contract are not exclusive, but joint rights, freely exercisable by either the Town or the Consultant. All design documents, including drawings, specifications, and computer software prepared by Consultant according to this Contract comprise Consultant's design for a specific Project. Neither party intends or represents them as suitable for reuse, by Town or others, as designs for extension of that same Project or for any other project. Any such reuse without prior written verification or adaptation by Consultant for the specific purpose intended will be at user's sole risk and without liability or legal exposure to Consultant. Except as required for performance under this Contract, Consultant's verification or adaptation of design documents will entitle Consultant to additional compensation at such rates as the Consultant may agree. 12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of additions, deletions, or modifications, without invalidating this agreement, and agrees to make corresponding adjustments in the contract price and time for completion. All changes will be authorized by a written change order signed by Town. Work shall be changed, and the contract price and completion time shall be modified only as set out in the written change order. 13 SERVICE OF NOTICES: The parties may give each other required notices in person or by first class mail or by email to their authorized representatives (or their successors) at the addresses listed below: TOWN OF ESTES PARK: Jamin Rucker, Civil Engineer, 170 MacGregor Ave., Estes Park, CO 80517 CONSULTANT: Shawn Fetzer, PE, 2809 E. Harmony Rd., Suite 300, Fort Collins, CO 80525 14 COMPLIANCE WITH LAW: In accordance with the Standard of Care, Consultant will perform this Contract in strict compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration [OSHA] regulations, latest revised edition, providing for job safety and health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Contract. Consultant shall protect and indemnify Town against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to ensure that Consultant follows the safety regulations issued by OSHA. 15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all charges, files, and taxes and give all notices necessary and incidental to the lawful prosecution of its Services. Anyone conducting business in the Town of Estes Park is required a business license which can be obtained from the Town Clerk’s Office. 16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and save harmless the Town from all claims for infringement, by reason of fee use of any patented design, device, material, process, or trademark or copyright and shall indemnify the Town of Estes Park Professional Services Contract --Page 6 of 12 Town for any costs, expenses, and damages, including court costs and attorney fees, incurred by reason of actual or alleged infringement during the prosecution or after completion of Services. 17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through the term of this Contract the minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims- made policy, Consultant shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 17.1 Professional Liability/Errors and Omissions for at least $1,000,000. 17.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. 17.3 General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorney's fees and defense cost. Coverage shall include bodily injury, property damage, personal injury, and contractual liability. 17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and property damage coverage of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys' fees and defense costs, for each of Consultant's owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any plans, drawings, field notes, or other similar data related to the services covered by this Contract in case of their loss or destruction. 17.6 The required general liability and comprehensive automobile liability policies shall contain endorsements to include Town and its officers and employees as additional insureds. The required professional liability and workers’ compensation policies or coverages shall not contain endorsements including the Town, its officers or employees as additional insureds. Every policy required above shall be primary insurance. Any insurance or self-insurance benefits carried by Town, its officers, or its employees, shall be in excess and not contributory to that provided by Consultant. 17.7 Consultant shall, upon request, provide Town a certified copy of each required policy. 17.8 As evidence of the insurance coverages required by this Contract, before beginning work under this Contract, Consultant shall furnish certificates of insurance certifying that at least the minimum coverages required here are in effect and specifying the liability coverages (except for professional liability) are written on an occurrence form to: Town of Estes Park Town of Estes Park Professional Services Contract --Page 7 of 12 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Attention: Jamin Rucker, Civil Engineer, Public Works With the exception of professional liability and workers’ compensation, policy or policies providing insurance as required will defend and include the Town, its Board, officers, agents and employees as additional insureds on a primary basis for work performed under or incidental to this Contract. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. The policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. General liability and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town. These policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of acts or omissions of the Consultant, its officers, employees, agents, sub-consultants, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall provide appropriate declarations and evidence of coverage. 17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages. Consultant shall notify Town's designated person responsible for risk management of any reduction or exhaustion of aggregate limits, which Town may deem to be a breach of this Contract. 17.11 The Town relies on, and does not waive or intend to waive, by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. 17.12 If any insurance required here is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage will be no later than the commencement date of the project and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 36 months. 17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 18 INDEMNIFICATION: 18.1 Consultant and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, defend, and hold Town of Estes Park Professional Services Contract --Page 8 of 12 harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party to the extent arising out of, caused by, or resulting from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property and (2) caused by any negligent act, error, or omission of the Consultant, anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable. 18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, each such Indemnitor shall be jointly and severally liable to the Indemnitees for indemnification and the Indemnitors may settle ultimate responsibility among themselves for the loss and expense of any such indemnification by separate proceedings and without jeopardy to any Indemnitee. This Agreement shall not eliminate or reduce any other right to indemnification or other remedy the Town, or any of the Indemnitees may have by law. 18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for any time the Town Attorney's Office and other counsel to the Town reasonably spend on such claims or actions at the rates generally prevailing among private practitioners in the Town of Estes Park for similar services, but only in proportion to Consultant’s fault. This obligation to indemnify the Town shall survive the termination or expiration of this Agreement. 19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this Agreement as an independent contractor, and not as an agent or employee of Town. No employee or official of Town shall supervise Consultant. Consultant shall exercise no supervision over any employee or official of Town. Consultant shall not represent that it is an employee or agent of the Town in any capacity. Consultant’s officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Consultant is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and Services necessary. This Agreement is not exclusive; subject the terms of this Agreement, Town and Consultant may each contract with other parties. 20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this Agreement shall construe its terms as to their fair meaning, and not for or against any party based upon any attribution to either party. 21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Contract. 22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. Any person besides Town or Consultant receiving services or benefits under this Agreement is an incidental beneficiary only. Town of Estes Park Professional Services Contract --Page 9 of 12 23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or may expose Town to liability or loss, Town may bar any person (including Consultant's and subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall not require any employee's discharge from employment, but shall merely prohibit the employee's presence at Town’s work sites. Such a bar shall not warrant an increase in contract time or Price. 24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. 25 TERM: This Contract shall commence on the date specified in a forthcoming Notice to Proceed, and shall continue through December 31, 2025. 26 TERMINATION: 26.1 In addition to any other available remedies, either party may terminate this Contract if the other party fails to cure a specified default within seven (7) days of receiving written notice of the default. The notice shall specify each such material breach, in reasonable detail. 26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its own convenience. The Town may effect such termination by giving Consultant written Notice of Termination specifying the extent and effective date of termination. In case of termination, for convenience, Town shall pay Consultant for work satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all drawings, computer programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys and writer’s materials of any kind generated in the performance of its Services under this Contract up to and including the date of termination. 27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by giving the Consultant written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Consultant shall cease their work as efficiently as possible, to keep total charges to a minimum. The Town must specifically authorize any work performed during suspension. Since suspension and subsequent reactivation may inconvenience the Consultant, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Consultant may terminate this Contract at will. 28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this Contract without the express written approval of the other. Town of Estes Park Professional Services Contract --Page 10 of 12 29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the Consultant's Proposal, Consultant may employ subconsultants to perform the Services only with Town's express prior written approval. Consultant is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subconsultants. 30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this Contract. Venue and jurisdiction for any court action filed regarding this agreement shall be only in Larimer County, Colorado. 31 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Consultant. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. 32 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy the Town may be entitled to for a breach of this Contract, if the Town terminates this Contract, in whole or in part, due to Consultant’s breach of any provision of this Contract, Consultant shall be liable for consequential damages to the Town. Signature pages follow. Town of Estes Park Professional Services Contract --Page 11 of 12 CONSULTANT By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me this __________ day of ____________________, 2025, by ______________________________, as _____________________________ of ______________________________, Consultant. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official Seal. My Commission expires . Notary Public Town of Estes Park Professional Services Contract --Page 12 of 12 TOWN OF ESTES PARK: By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2025. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney Project Name - Design of Trails along US34 and SH7 Consultant Summary Comparison Item #1: Scope Understanding and Approach. Was the RFP well organized, with complete information responding to all of the submittal criteria? RFP documents a clear understanding of the Town’s needs and clear direction toward completing the scope of work. 30 Points 28.75 27.25 26 27.5 28.25 23.5 18 17.25 Item #2: Qualifications of Staff. Number of subconsultants needed. Years of experience, PE review/management. Professional degrees and expertise in specific fields. 25 Points 23.25 22.75 22.25 22.75 20.25 22.25 18 18 Item #3: Experience and Client References: Experience with similar size and scope of trail projects. Past projects with municipal or government entity. Design capabilities. 20 Points 18.25 18.75 17.75 16 18 16.5 15 10.25 Item #4: Adequacy of Proposal. Ability to achieve the Town’s stated goals within the desired timeframe. Submitted complete and understandable scheduling approach. Outlined potential conflicts and identified possible solutions. 15 Points 12.5 12.75 13 12 12.5 10.75 9 8.75 Item #6: Availability. Does current workload allow for prioritization of project. Is schedule realistic or meet the dates outlined in the RFP. 10 Points 9.25 8.25 9 9 7.25 8 6.75 7.5 Total Points 100 Points 92 89.75 88 87.25 86.25 81 66.75 61.75 Position based on total points 1 2 3 4 5 6 7 8 Point Differential between next higher score (position gap)2.25 1.75 0.75 1 5.25 14.25 5 Point Differential from highest score (lead gap)2.25 4 4.75 5.75 11 25.25 30.25 Selection Criteria Maximum Point Value J-U-B Otak SanbellMuller Rocksol Drexel- Barrell TRC SMH ATTACHMENT 3 Project Name - Design of Trails along US34 and SH7 Consultant Name: J-U-B Engineers Item #1: Scope Understanding and Approach. Was the RFP well organized, with complete information responding to all of the submittal criteria? RFP documents a clear understanding of the Town’s needs and clear direction toward completing the scope of work. 30 Points 28.8 Identified concerns; provided alternative solutions; referenced current Town plans (trails & stormwater) Item #2: Qualifications of Staff. Number of subconsultants needed. Years of experience, PE review/management. Professional degrees and expertise in specific fields. 25 Points 23.25 3 subconsultants Item #3: Experience and Client References: Experience with similar size and scope of trail projects. Past projects with municipal or government entity. Design capabilities. 20 Points 18.25 Various trail projects in municipal setting; included reference details Item #4: Adequacy of Proposal. Ability to achieve the Town’s stated goals within the desired timeframe. Submitted complete and understandable scheduling approach. Outlined potential conflicts and identified possible solutions. 15 Points 12.5 Emphasis on resolving conflicts; experience with CDOT SUP process; too many contract revisions Item #6: Availability. Does current workload allow for prioritization of project. Is schedule realistic or meet the dates outlined in the RFP. 10 Points 9.25 Schedule is realistic considering clearances and permit review times Total Points 100 Points 92.0 Selection Criteria Maximum Point Value Average Notes/Comments Project Name - Design of Trails along US34 and SH7 Consultant Name: Otak, Inc. Item #1: Scope Understanding and Approach. Was the RFP well organized, with complete information responding to all of the submittal criteria? RFP documents a clear understanding of the Town’s needs and clear direction toward completing the scope of work. 30 Points 27.25 Bringing lessons learned from FRT; have local experience with trail projects; utilize existing wall designs from FRT to save time Item #2: Qualifications of Staff. Number of subconsultants needed. Years of experience, PE review/management. Professional degrees and expertise in specific fields. 25 Points 22.75 5 subconsultants; stretched thin on coordination and scheduling Item #3: Experience and Client References: Experience with similar size and scope of trail projects. Past projects with municipal or government entity. Design capabilities. 20 Points 18.75 Various trail projects in municipal setting; include reference details Item #4: Adequacy of Proposal. Ability to achieve the Town’s stated goals within the desired timeframe. Submitted complete and understandable scheduling approach. Outlined potential conflicts and identified possible solutions. 15 Points 12.75 No mention of CDOT SUP; suggest phasing to design portion of trail, not entirety by deadline Item #6: Availability. Does current workload allow for prioritization of project. Is schedule realistic or meet the dates outlined in the RFP. 10 Points 8.25 Compete with FRT time; realistic timeline extends past dates in RFP Total Points 100 Points 89.75 Selection Criteria Maximum Point Value Average Notes/Comments Project Name - Design of Trails along US34 and SH7 Consultant Name: Muller Engineering Item #1: Scope Understanding and Approach. Was the RFP well organized, with complete information responding to all of the submittal criteria? RFP documents a clear understanding of the Town’s needs and clear direction toward completing the scope of work. 30 Points 26 Using old LIDAR mapping if no topo survey is done; experience with CDOT clearance Item #2: Qualifications of Staff. Number of subconsultants needed. Years of experience, PE review/management. Professional degrees and expertise in specific fields. 25 Points 22.25 5 subconsultants; some staff with limited experience Item #3: Experience and Client References: Experience with similar size and scope of trail projects. Past projects with municipal or government entity. Design capabilities. 20 Points 17.75 Various trail projects; previous experience with trail on CO 7 Item #4: Adequacy of Proposal. Ability to achieve the Town’s stated goals within the desired timeframe. Submitted complete and understandable scheduling approach. Outlined potential conflicts and identified possible solutions. 15 Points 13 Mention of 8' not 10' trail; offer help with grant applications Item #6: Availability. Does current workload allow for prioritization of project. Is schedule realistic or meet the dates outlined in the RFP. 10 Points 9 Schedule exceeds RFP dates but accounts for CDOT clearances and reviews Total Points 100 Points 88 Selection Criteria Maximum Point Value Average Notes/Comments Project Name - Design of Trails along US34 and SH7 Consultant Name: Sanbell Item #1: Scope Understanding and Approach. Was the RFP well organized, with complete information responding to all of the submittal criteria? RFP documents a clear understanding of the Town’s needs and clear direction toward completing the scope of work. 30 Points 27.5 Understanding of CDOT clearances and requirements for historical and archaeological review Item #2: Qualifications of Staff. Number of subconsultants needed. Years of experience, PE review/management. Professional degrees and expertise in specific fields. 25 Points 22.75 Same staff as Graves Ave and Pine Knoll design Item #3: Experience and Client References: Experience with similar size and scope of trail projects. Past projects with municipal or government entity. Design capabilities. 20 Points 16 Various trail projects in municipal setting with reference details Item #4: Adequacy of Proposal. Ability to achieve the Town’s stated goals within the desired timeframe. Submitted complete and understandable scheduling approach. Outlined potential conflicts and identified possible solutions. 15 Points 12 Several typos and misspellings Item #6: Availability. Does current workload allow for prioritization of project. Is schedule realistic or meet the dates outlined in the RFP. 10 Points 9 100% plans by end of July Total Points 100 Points 87.25 Selection Criteria Maximum Point Value Average Notes/Comments Project Name - Design of Trails along US34 and SH7 Consultant Name: Rocksol Item #1: Scope Understanding and Approach. Was the RFP well organized, with complete information responding to all of the submittal criteria? RFP documents a clear understanding of the Town’s needs and clear direction toward completing the scope of work. 30 Points 28.25 Identify retaining walls, steep slopes, trail alignment alternatives; environmental review; potential wetland impacts Item #2: Qualifications of Staff. Number of subconsultants needed. Years of experience, PE review/management. Professional degrees and expertise in specific fields. 25 Points 20.25 3 subconsultants; previous CDOT staff; same engineer from Community Dr RAB Item #3: Experience and Client References: Experience with similar size and scope of trail projects. Past projects with municipal or government entity. Design capabilities. 20 Points 18 Various trail design projects in municipal setting with reference details Item #4: Adequacy of Proposal. Ability to achieve the Town’s stated goals within the desired timeframe. Submitted complete and understandable scheduling approach. Outlined potential conflicts and identified possible solutions. 15 Points 12.5 Budget tracking program; SWMP mentioned; no mention of CDOT permits or review Item #6: Availability. Does current workload allow for prioritization of project. Is schedule realistic or meet the dates outlined in the RFP. 10 Points 7.25 Schedule lacks CDOT review Total Points 100 Points 86.25 Selection Criteria Maximum Point Value Average Notes/Comments Project Name - Design of Trails along US34 and SH7 Consultant Name: Drexel-Barrell Item #1: Scope Understanding and Approach. Was the RFP well organized, with complete information responding to all of the submittal criteria? RFP documents a clear understanding of the Town’s needs and clear direction toward completing the scope of work. 30 Points 23.5 Understand needs and challenges; stakeholder input; master trails plans reference Item #2: Qualifications of Staff. Number of subconsultants needed. Years of experience, PE review/management. Professional degrees and expertise in specific fields. 25 Points 22.25 4 subconsultants; internal surveyor Item #3: Experience and Client References: Experience with similar size and scope of trail projects. Past projects with municipal or government entity. Design capabilities. 20 Points 16.5 Various trail projects in municipal setting, no reference details included Item #4: Adequacy of Proposal. Ability to achieve the Town’s stated goals within the desired timeframe. Submitted complete and understandable scheduling approach. Outlined potential conflicts and identified possible solutions. 15 Points 10.75 Dates not updated for previous work experience. Item #6: Availability. Does current workload allow for prioritization of project. Is schedule realistic or meet the dates outlined in the RFP. 10 Points 8 Can shift staff around if needed; not realistic timeline for clearances Total Points 100 Points 81 Selection Criteria Maximum Point Value Average Notes/Comments Project Name - Design of Trails along US34 and SH7 Consultant Name: TRC Companies Item #1: Scope Understanding and Approach. Was the RFP well organized, with complete information responding to all of the submittal criteria? RFP documents a clear understanding of the Town’s needs and clear direction toward completing the scope of work. 30 Points 18 3 alternatives including relocate trail to other side of the highways Item #2: Qualifications of Staff. Number of subconsultants needed. Years of experience, PE review/management. Professional degrees and expertise in specific fields. 25 Points 18 2 subconsultants Item #3: Experience and Client References: Experience with similar size and scope of trail projects. Past projects with municipal or government entity. Design capabilities. 20 Points 15 Various trail projects including reference details Item #4: Adequacy of Proposal. Ability to achieve the Town’s stated goals within the desired timeframe. Submitted complete and understandable scheduling approach. Outlined potential conflicts and identified possible solutions. 15 Points 9 Mentions 8' trail only; did not mention public meetings or TAB Item #6: Availability. Does current workload allow for prioritization of project. Is schedule realistic or meet the dates outlined in the RFP. 10 Points 6.75 Schedule lacks detail and only mirrors RFP dates Total Points 100 Points 66.75 Selection Criteria Maximum Point Value Average Notes/Comments Project Name - Design of Trails along US34 and SH7 Consultant Name: SMH Consultants Item #1: Scope Understanding and Approach. Was the RFP well organized, with complete information responding to all of the submittal criteria? RFP documents a clear understanding of the Town’s needs and clear direction toward completing the scope of work. 30 Points 17.25 Included CDOT review; utility coordination; vague explanations Item #2: Qualifications of Staff. Number of subconsultants needed. Years of experience, PE review/management. Professional degrees and expertise in specific fields. 25 Points 18 Young team with minimal experience; only 1 subconsultant for structural; no geotech or other subconsultant information Item #3: Experience and Client References: Experience with similar size and scope of trail projects. Past projects with municipal or government entity. Design capabilities. 20 Points 10.25 Kansas projects; included reference details Item #4: Adequacy of Proposal. Ability to achieve the Town’s stated goals within the desired timeframe. Submitted complete and understandable scheduling approach. Outlined potential conflicts and identified possible solutions. 15 Points 8.75 Lacking detail and missing key components Item #6: Availability. Does current workload allow for prioritization of project. Is schedule realistic or meet the dates outlined in the RFP. 10 Points 7.5 Poor schedule lacks details and CDOT clearances Total Points 100 Points 61.75 Selection Criteria Maximum Point Value Average Notes/Comments 1   REQUEST FOR PROPOSAL for DESIGN and ENGINEERING SERVICES MULTI-USE TRAILS ALONG US ROUTE 34 & CO STATE HIGHWAY 7 Proposals due by 2:00 PM, November 21, 2024 2   1.0 ADMINISTRATIVE INFORMATION AND INSTRUCTIONS 1.1 GENERAL: The Town of Estes Park Public Works Department is seeking the services of a Professional Civil Engineering or Transportation consultant to design and prepare construction documents consisting of plans, specifications, cost estimates, and bidding documents for two trail projects parallel to Colorado Department of Transportation (CDOT) roadways: 1) South side of US Route 34 (US-34) from Estes Park Visitor Center to Dry Gulch Rd. (1.3 miles), and 2) East side of Colorado State Highway 7 (CO-7) from Graves Avenue to Carriage Drive (1.7 miles). Further detail on the services to be provided along with site maps are listed in Section 7.0 Scope of Services. 1.2 PROJECT DESCRIPTION: The Town of Estes Park intends to enhance the existing trail network with improvements to two key travel corridors: US-34 and CO-7. US-34 is an east-west principal arterial highway and a primary gateway entrance into Estes Park from Loveland. CO-7 is designated as a minor arterial state highway, but also serves as a local roadway through town and provides a north-south connection from Estes Park to Allenspark. Both roadways have existing separated multi-use trails but the facilities are not continuous, have deteriorated surfaces, do not comply with accessible guidelines for outdoor facilities, and lack appropriate signage, striping, safe crossings and connectivity to adjacent facilities. The proposed projects will include design of both trail segments, which will comply with the Estes Valley Master Trails Plan, American Association of State Highway and Transportation Officials (AASHTO) Bike Guide, Americans with Disabilities Act (ADA) and the Manual on Uniform Traffic Control Devices (MUTCD). Although the projects are being funded by the Town of Estes Park, both projects are within CDOT rights-of-way and are required to comply with CDOT Roadway Design guidelines. Proposals should include planning, community engagement, schematic design, and preparation of final construction documents for each trail segment, separated into individual tasks:  Task 1: Trail Design for US-34  Task 2: Trail Design for CO-7 Further details are included in Section 7.0 Scope of Services. 1.3 INQUIRIES AND CORRECTIONS: If a proposing firm submitting a proposal finds discrepancies in or omission from this Request for Proposals (RFP), or should require additional clarification of any part thereof, a written request for interpretation of or change made to the RFP will be made by written addendum and will become part of the RFP and Contract awarded. Town of Estes Park will not be responsible for the accuracy of any other ORAL EXPLANATIONS, INTERPRETATIONS, OR REPRESENTATIONS. All inquiries shall be 3   made in writing and all responses will be provided in writing in an addendum. To be given consideration, inquiries must be received at least two (2) calendar days prior to the date established for the final addendum (see Section 2.0 for Proposed Schedule.) All addenda will be available on the Rocky Mountain E-Purchasing System (www.rockymountainbidsystem.com) as well as on the Town’s website at www.estes.org/RFP. The Town of Estes Park cannot guarantee accurate information obtained from sources other than the Rocky Mountain E-Purchasing System (RMEPS) and the Town website. It shall be the responsibility of each proposing firm to verify that all addenda have been received prior to submitting proposals, and to acknowledge the addenda in the space provided on Exhibit 1, Acceptance of Conditions Statement, which shall be submitted with the proposal. All inquiries relating to this RFP shall be addressed in writing to: Jamin Rucker, Project Manager Public Works Department, Town of Estes Park jrucker@estes.org   1.4 SUBMITTAL DEADLINE AND LOCATION: All proposals must be received in the Public Works Department by 2:00 pm on November 21, 2024. Proposals must be submitted through Rocky Mountain e-Purchasing (BidNet). To expedite the selection and fee negotiation process, proposing firms are asked to develop a preliminary fee proposal, and to submit it separately from the proposal document. Documents must be titled to separately identify the proposal from the preliminary fee proposal. Preliminary fee proposals should estimate the intensity of workload for various tasks and identify an approximate hourly rate. The fee proposal should be separated by each trail segment (Task 1: Trail Design for US-34, Task 2: Trail Design for CO-7). The preliminary fee proposals will be held unopened during the qualification-based selection until the Town is ready to negotiate fees with the selected firm. 1.5 LATE PROPOSALS: Late Proposals will not be accepted under any circumstance. Any proposals received after the submittal deadline will not be opened. 1.6 PROPRIETARY INFORMATION: All information included in any proposal that is of a proprietary nature must be clearly marked as such. The Town of Estes Park shall be held harmless from any claims arising from release of proprietary information not clearly designated as such by the proposing firm. In general, it is not acceptable to the Town of Estes Park to mark information other than financial data as proprietary without the written authorization from the Public Works Director. Failure to adhere to this restriction could result in rejection of the entire proposal. 1.7 DEFINITION CONTEXT AND GENDER: Unless otherwise specified in this document, all words shall have a common meaning unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. 4   1.8 CONDITIONS OF PROPOSAL SUBMITTAL: A. All proposing firms shall comply with all conditions, requirements, and specifications contained herein, with any departure constituting sufficient cause for rejection of the proposal. B. The proposal must be signed by a duly authorized official of the proposing firm submitting the proposal. C. No proposal will be accepted from any person, firm or corporation that is in arrears for any obligation to the Town of Estes Park, or that otherwise may be deemed irresponsible or unresponsive by the Town of Estes Park staff or Board of Trustees. D. No proposal will be accepted from firm or corporation that is debarred or suspended to work on federally funded projects per the federal System for Award Management (SAM.gov). E. Only one proposal will be accepted from any one person, firm or corporation. F. The Town of Estes Park reserves the right to reject any and all proposals or any part thereof. The right is reserved to waive any formalities or informalities contained in any proposal, and to award a contract to the most responsive and responsible proposing firm as deemed in the best interest of the Town and CDOT. G. All proposals shall be prepared in a comprehensive manner as to content, but no necessity exists for expensive or promotional material. An electronic version of the proposal is required. H. All costs, including travel and expenses, incurred in the preparation of this proposal shall be borne solely by the proposing firm. I. Town of Estes Park reserves the right to negotiate final terms with the selected proposer that may vary from those contained in this document. J. Town of Estes Park reserves the right to request a client list from the proposer, for the purpose of determining potential conflicts of interest. Said list shall be considered proprietary. 2.0 PROPOSED SCHEDULE (target dates; subject to change) Request for Proposals (RFP) Advertisement Oct 24, 2024 Pre-Proposal Meeting – Optional (10:00 AM; call in) Oct 31, 2024 Question Acceptance Deadline Nov 11, 2024 Final Addendum Released Nov 14, 2024 Proposals Due (2:00 PM) Nov 21, 2024 Proposal Evaluation and Fee Negotiation Conducted Nov 22-29, 2024 Final Selection Announced Dec 3, 2024 Contract Execution Dec 10, 2024 Consultant Notice to Proceed (Anticipated) Dec 13, 2024 Engineering/ Design 30% Complete (FIR) February 2025 Public Outreach on 30% Design February 2025 Engineering/ Design 90% Complete (FOR) May 2025 Public Outreach on 90% Design May 2025 Draft 100% Plans & Specifications Complete July 2025 Final Construction Bid Packet Complete July 2025 5   AN OPTIONAL PRE-PROPOSAL MEETING will be held IN-PERSON at 10:00 am, October 31, 2024. The Town will use the Google Meet conferencing platform (unless modified through Addendum prior to October 31, 2024). Proposing firms can join by video chat at: meet.google.com/drx-hcog-kxb, or by calling into +1 419-853-6038, PIN: 893 125 900# . Contact the Project Manager for arrangements if you anticipate issues with the Google Meet option. Proposing firms are encouraged to visit the project sites prior to the pre-proposal meeting. 3.0 FEES, PAYMENT, AND CONTRACT 3.1 PROFESSIONAL SERVICES TIME AND FEES: Following selection of a consultant based on qualifications, experience, and other factors; the Town will enter into fee negotiations and then a contract agreement for services. Payments shall not exceed the total contracted value. Subcontracting or specialty contractors (see Section 3.3) shall be line item detailed, and an estimated value identified for fee proposal and initial contract purposes, with final scope and fee approved prior to any work. 3.2 METHOD OF PAYMENT: Public Works will process invoices for this project on a monthly basis. The amount of such payment shall be based upon certified progress reports and billing covering the work performed and based upon percentage complete (%). The invoice will be submitted to the Town representative, as identified above, or another designee, for approval. In the event that a new service is requested which is not listed in the proposal and included in the contract, the consultant and the Town will negotiate an appropriate price for the service prior to any work being done. 3.3 USE OF SUBCONSULTANTS: The proposing consultant shall indicate in the proposal any work intended to be performed by subconsultants or persons outside of their firm. The consultant shall name the subconsultants, if known at the time of proposal submittal. Subconsultants shall be bound to meet the same quality standards and schedules. They will also provide the same level of documentation (see Section 4.2). 3.4 AWARD OF CONTRACT: A formal contract will be awarded to that responsive and responsible proposing consultant whose proposal, conforming to the RFP, will be most advantageous to the Town with the selection factors. If chosen, the consultant will enter into an agreement with the Town of Estes Park via Exhibit 5, Professional Services Contract. The executed contract will include a not-to-exceed contract amount. Invoicing shall not exceed the contract amount without a previously approved change order executed with the Town and the consultant. The successful consultant shall acquire a Town Business License prior to signing the contract. A Town Business License can be obtained through the Town Clerks Office, https://www.colorado.gov/pacific/townofestespark/businesslicensing. 3.5 INSURANCE REQUIREMENTS FOR CONSULTANTS: Insurance certificates are not required with the proposal. The Town must approve the successful consultant’s insurance prior to execution of the contract. Coverage shall meet the standards set forth in the contract agreement and name the Town of Estes Park as additionally insured. 6   3.6 MATERIAL OWNERSHIP: All material submitted regarding this RFP becomes the property of the Town and will only be returned to the consultant at the Town’s option. The Town of Estes Park has the right to use any or all ideas presented in reply to this RFP. Disqualification of proposer does not eliminate this right. 3.7 TERM OF CONTRACT: The term of the contract resulting from this RFP shall be from the date of the executed contract through contract date or final acceptance of the work. The Town will generate the Professional Services Contract in accordance with Town policy (see attached contract template). 4.0 INFORMATION REQUIRED FROM CONSULTANT 4.1 RESPONSE TO THE RFP: The proposer must address each item of the following section in the order presented and meet the mandatory requirements of Section 5.0 of this document. 4.2 REQUIRED PROPOSAL ELEMENTS: The Consultant must provide the following information and statements with the proposal: A. Brief summary of the proposal. B. Statement of understanding, showing familiarity with the Scope of Services. C. Proposed approach to the work and control as outlined in the Scope of Services. D. The consultant’s qualifications and experience in providing professional surveying, engineering, and/or drafting services for trail projects similar in scope and size. Include experience working with projects on CDOT roadways. E. Organizational chart of the project team, including subconsultants, along with resumes and other information substantiating the qualifications, expertise and experience of the project team. Name of person who will act as primary contact person for the consultant’s work; including phone, cell phone, and email contact information. F. Preliminary project schedule that outlines project tasks such as delivery of plans, specifications and estimates (PS&E) at various stages, public outreach meetings, and delivery of final bid-ready documents; to be included with the proposal. The Town’s targeted project schedule is provided in Section 2.0; however, the consultant may choose to propose a different project schedule. G. A brief statement of compliance with the terms and conditions as set forth in the Administrative Section of this RFP. H. Fee proposal for each trail segment (Task 1: Trail Design for US-34, Task 2: Trail Design for CO-7), submitted separately. I. Completed Exhibits 1-3 of this document. 5.0 MANDATORY REQUIREMENTS 5.1 PERSONNEL: The successful proposer must be capable of providing adequate, knowledgeable personnel to fulfill the requirements of the proposed contract. Include resumes for all key personnel. Reference multi-use trail and CDOT project experience. 5.2 FINANCIAL CAPABILITY: The successful proposer must be financially capable 7   and solvent in fulfilling the requirements of the proposed contract. The Town reserves the right to request financial statements from the proposer. 5.3 ILLEGAL ALIENS: The successful proposer must comply with the provisions of CRS 8-17.5-101, et seq. See references in the Town’s Professional Services Contract template for details on the applicable regulations, number 33-35. 6.0 EVALUATION AND SELECTION INFORMATION 6.1 EVALUATION AND SELECTION METHOD: An Evaluation and Selection Committee composed of members of Town staff will review the proposals. The committee may make a selection on the basis of the proposals received, or may choose to “short list” prospective firms for interviews or further negotiations. The firm selected for the contract award will be chosen on the basis of the apparent greatest benefit to the Town of Estes Park including qualifications and experience, and negotiated price. The Town reserves the right to request interviews with selected proposers. The objective of the Evaluation and Selection Committee will be to evaluate proposals against the criteria set forth here-in: 6.2 EVALUATION AND SELECTION CRITERIA:   POINTS QUALIFICATION STANDARD 30 Scope understanding and approach Approach is clear and concise and addresses this specific project. Understanding of the project location, need, opportunities and challenges in producing design and engineering plans, specs, and estimates for construction. Completeness of approach to perform the scope of work expected to be incurred under this project. 25 Qualifications of staff Project staff background, education, and experience on similar projects. Qualifications and experience of the consultant in designing, preparing plans specifications and estimates (PS&E), and other bidding documents. Facilitating public meetings and presenting to elected officials. 20 Experience and client references for similar projects Performance on time, within budget and scope; similar to this project in size and scope. Management qualifications and company capability. Qualifications of the consultant in terms of its ability, experience, and reliability in performing and managing work within a schedule and budget. References should be provided for at least three recent clients for whom the consultant has performed engineering and design services similar to the work outlined in the Scope of Services. 15 Adequacy of proposal Completeness and thoroughness of proposal. Responsive to RFP. 8   10 Availability Performance in project timeframe. TOTAL POINTS (100 POSSIBLE)   Based on the point system, the firms will be ranked in order of their perceived ability to perform the work. The top firms MAY be interviewed, and after interviews, points may be recomputed. 7.0 SCOPE OF SERVICES 7.1 GENERAL: The Public Works Department is seeking the services of a Professional Civil Engineering or Transportation consultant to: A. Engineer and design trail facilities along US-34 from Estes Park Visitor Center to Dry Gulch Road, and along CO-7 from Graves Avenue to Carriage Drive; B. Participate in public meetings to present the design and obtain feedback; C. Prepare final documents consisting of plans, specifications and estimates (PS&E), and bidding documents for construction bid; D. Supplemental services as further described in subsections 7.1 through 7.9 Improvements could include, but are not limited to, any combination of the following and are subject to the availability of funds: concrete paved multi-use trails, minimum 8’ wide, and ADA accessible where feasible; retaining walls; grading, storm drainage; intersection and driveway crossings; detectable warning surfaces; sidewalk connections; utility, fencing and tree removal and/or relocation; signage and striping. Other considerations may include site furnishings and lighting at key destinations. An overview map of the proposed project is included as Exhibit 4. To supplement the design, proposing firms should plan to provide the following elements, either internally or through the use of subconsultants:  Assess subgrade and soil conditions through a geotechnical investigation  Conduct hydrologic study and prepare drainage report  Provide right-of way (ROW) services for new ROW and/or easements (temporary and/or permanent) to obtain ROW clearance through CDOT if needed The preliminary fee proposal of the awarded consultant may need to use an allowance for these services until more details are known about the extent of these services. If necessary, any changes to the estimated scope and fee for these services will be negotiated and then documented via change order. 9   Current Assessment US Highway 34 US-34 is an east-west primary arterial highway through Estes Park, providing access from downtown to several popular commercial and recreational destinations, including the Estes Park Visitor Center, Stanley Village Shopping area, Lake Estes Golf Course, Lake Estes Marina, and numerous hotels, restaurants, and residential areas. The project limits are the Estes Park Visitor Center to the west and Dry Gulch Road to the east, approximately 1.3 miles in length. Zoning within this corridor is primarily Commercial and Accommodations on the south side of the roadway, with a mixture of Commercial and Residential on the north side. The roadway within most of the project area includes two westbound vehicular travel lanes, one eastbound, a center turn lane, turn pockets, and paved shoulders on both sides. A separated Class I bicycle and pedestrian trail exists intermittently on the south side of the roadway. The public right of way (ROW), owned by CDOT, is approximately 125 feet wide with minor variations throughout the project corridor. Property ownership on each side of the CDOT ROW includes the Town of Estes Park as well as private property. The Annual Average Daily Traffic (AADT) on US-34 at the west end of the project area is approximately 18,000, reduces down to 12,000 in the center of the project area and decreases to 10,000 at the east end. There are multiple driveways and parking lots for commercial access as well as several crossings for local streets. The existing Class I trail on the south side is currently asphalt, is too narrow for the volume of visitors who use this corridor, and is not substantial enough for a gateway entrance into Town. The existing surface is deteriorating, and it lacks the appropriate safety measures including signage and striping. CO State Highway 7 CO-7 is a north-south highway through Estes Park, providing access from downtown through a growing commercial corridor to the Estes Park Golf Course, Lily Lake area, and numerous residential areas in between. The project limits are Graves Avenue to the north and Carriage Drive to the south, approximately 1.7 miles in length. Zoning within this corridor is almost entirely Residential. The roadway within the project area includes one vehicular travel lane in each direction, a center turn lane, paved shoulders on both sides, and separated Class I bicycle and pedestrian trail on the east side of the roadway. The public right of way (ROW), owned by CDOT, is approximately 100 feet wide with minor variations throughout the project corridor. Property ownership on each side of the CDOT ROW includes the Town of Estes Park as well as private property. The Annual Average Daily Traffic (AADT) on CO-7 at the north end of the project area is approximately 9,100 and decreases to 5,000 at the south end. Higher-speed cyclists use the existing shoulders to commute. There are multiple driveways for residential and commercial access as well as several crossings for local streets. The existing Class I trail on the east side is well used, but conditions are not consistent throughout the corridor, nor does it meet Town standards. The existing surface is deteriorating and it lacks the appropriate safety measures including signage and striping. 10   Proposed Trails The proposed trails will comply with the Estes Valley Master Trails Plan, ADA Guidelines, and have a minimum width of 8’ and a maximum 5% grade where feasible. Surface material will be concrete. A striped centerline is recommended, along with proper signage in compliance with the MUTCD & AASHTO Bike Guide. Standard signage and pavement markings, including ladder- style crosswalks, should be installed at all street crossings. Given the variations in topography throughout both project areas, it is anticipated that new retaining walls and upgrades to existing retaining walls will be needed to support the proposed trail alignments. Consideration will be given for alternative alignments throughout the project corridors (e.g. back of curb, or off-street). Utility relocations and tree removal may be necessary depending on the design. Coordination will be required with CDOT as well as adjacent property owners. Engagement This project will require the consultant to support the Town in presenting the design to the public, as well as to the Estes Park Transportation Advisory Board (TAB), at the 30% preliminary design stage and 90% final design stage.   7.2 INFORMATION AND DOCUMENTS PROVIDED BY THE TOWN: Town will provide its standard construction template documents including: Invitation to Bid, Instructions for Bidders, Bid Bond, Bidder Qualifications and Data, Subcontractors and Related Data, Bid Proposal, Bid Schedule, Construction Contract, General Conditions, Addendum, Notice of Award, Notice to Proceed, and Change Order. Upon request, Town is able to provide sample specification documents such as Special Conditions and Project Special Provisions from past similar projects. 7.3 SITE PARAMETERS: The selected consultant will work closely with Town staff to develop improvements in a manner that will minimize the impact to the citizens. 7.4 SUBCONSULTANTS: The consultant shall identify any subconsultants that will be providing engineering and design services. 7.5 DELIVERABLES: The consultant shall provide digital copies (pdf and Microsoft Word or Excel) of the plans, specifications, and cost estimate for review by the Town. The consultant will also be responsible for providing the Town with pdf and Microsoft Word copies of the bidding documents for advertisement posting and project transparency. Plans shall be developed for printing on 11x17 paper at true half-scale. Additional detail on the project deliverables is provided in Section 7.9. 7.6 PUBLIC CONTACT: Town staff will contact all adjacent property owners and tenants that will be impacted by the proposed improvements, post public notices, and hold public outreach meetings. The consultant will participate as needed in the public meetings. 7.7 TOWN REPRESENTATIVES: The Town’s representative on this project will be Jamin Rucker, Project Manager, from the Public Works Department. All progress meetings, 11   project review, field meetings, day-to-day work, and project related contact will be coordinated through the Project Manager.   7.8 PROJECT SCHEDULE: The consultant will provide an updated project schedule at the time of contract execution, and shall update the project schedule regularly throughout the design process. The schedule shall identify tasks such as delivery of PS&E at various stages, public outreach meetings, and delivery of final bid-ready documents. 7.9 SUPPLEMENTAL CONSULTANT GUIDELINES: A. Preliminary and final design for this project will be reviewed by Town staff which includes: Project Manager, Engineering Manager, and Public Works Director. B. Design will primarily use standards from CDOT, and potentially Town of Estes Park where applicable. Standards could include, but are not limited to, any combination of the following: CDOT M&S Standards, Americans with Disabilities Act (ADA), and Public Rights-of-Way Accessibility Guidelines (PROWAG). C. The plan documents will consist of, but not be limited to, the following formats: layout and cover sheet, plan views, profile views, cross sections where sections vary and all driveways, profiles, details, sketches, traffic control plan, general and detailed construction notes, construction explanation notes and details. Plans should be suitable for bidding and construction per CDOT standards. D. The specification documents will consist of, but not be limited to, the following formats: Special Conditions, Standard Special Provisions, Project Special Provisions. Specifications should be suitable for bidding and construction per CDOT standards. E. The consultant shall submit all calculations necessary for plan quantities, and other work related to producing the design documents. F. Town staff, as available, may provide electronic or paper copies of available plats and utility as-builts. If these documents cannot be provided by Town staff, the consultant shall research and obtain all relevant documents at their own expense. G. The consultant will meet with relevant groups and agencies as needed to review design, acquire construction easements, and satisfy regulatory issues. H. The consultant shall generate all applicable clearances and clearance letters including but not limited to: right of way, utilities, environmental, archeology, materials, hydraulics, floodplain, etc. I. The consultant shall acquire state and local floodplain permits if applicable. J. The consultant shall coordinate with all utilities within and along the project and develop a ‘utility clearance’ letter. This includes but is not limited to: Town of Estes Park Water, Town of Estes Park Power & Communications, Xcel Energy gas, CenturyLink phone, TDS telecommunications, Platte River Power Authority fiber, Estes Park Sanitation District, Upper Thompson Sanitation District, and any other utilities as appropriate. K. The consultant should plan a minimum of four engineering design meetings with Town staff. It will be the consultant’s responsibility to coordinate and meet with relevant Town departments, supply the requested documentation and obtain their approval. L. The consultant should plan to present the project at a public outreach meeting at the 30 percent design and 90 percent design. The consultant should also plan to present the 30 percent design and 90 percent design to the Transportation Advisory Board (TAB). The presentation to TAB should occur separately from the presentation to the public, 12   however, these presentations may occur on the same date. M. The consultant should plan on providing bidding services to assist the Town during the bid advertisement period. These services may include, but are not limited to: participating in the Pre-Bid Meeting, developing answers to contractor questions for addenda purposes, and correcting any errors or inconsistencies found in the bid documents, which may require printing a new ‘For Construction’ plan set. N. Any additional fees for engineering services or construction related field change work shall be preceded by a Change Order request produced by the consultant. Approval of any change orders will be required prior to commencement of any additional work. O. Consultant shall collect any and all survey data in order to complete the design. P. The consultant shall be responsible for all activities related to acquisition of all Permanent and Temporary Construction Easements. This will include research, property owner coordination and development of easement documents and exhibits. Once the documentation is signed and delivered, the Town will formally record final easements. This work shall be inclusive and concurrent with the design process. Q. The consultant shall be responsible for all activities related to the acquisition of ROW and easements as needed. This will include all research, property owner coordination, and development of ROW documents and exhibits. Once the documentation is signed and delivered, the Town will formally acquire the ROW through its administrative process. This work shall be inclusive and concurrent of the design process.     13     EXHIBIT 1  TOWN OF ESTES PARK  ACCEPTANCE OF CONDITIONS STATEMENT      No employee, elected or appointed official of the Town of Estes Park, or any such person’s spouse or dependent  child has an existing or pending, direct or indirect, financial, ownership or personal interest in the proposing firm of  this Request for Proposal, except as follows:        I/we hereby agree to all instructions, terms and conditions, and specifications contained herein:  I/we acknowledge receipt of the following Addenda:      Proposing Firm:        Address:           Telephone Number:        Submitted By:      Signature    Printed Name:           Title:       Date:       Attest:     Signature    Printed Name:             14   EXHIBIT 2  CONSULTANT’S PERSONNEL AND SUBCONSULTANT LISTING    Name: Role:                                                        ILLEGAL ALIENS:  Insert additional lines if needed.    The Contractor certifies that the Contractor shall comply with the provision of CRS 8‐17.5‐101, et seq. The Contractor shall not knowingly  employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly  employs or contracts with an illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that it:    (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program  administered by the Social Security Administration and the Department of Homeland Security, or  (ii) otherwise will comply with the requirements of CRS 8‐17.5‐102(2)(b)(I). The Contractor shall comply with all reasonable requests made  in the course of an investigation by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any  requirement of this provision or CRS 8‐17.5‐101, et seq., the Town may terminate this contract for breach of contract, and the Contractor  shall be liable for actual and consequential damages to the Town.    If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an  illegal alien, the Contractor shall:    (a) Notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is  employing or contracting with an illegal alien; and  (b) terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub‐paragraph   (a.) above, the subcontractor does not stop employing or contracting with the illegal alien, unless the subcontractor provides  information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.  15   EXHIBIT 3  TOWN OF ESTES PARK  REFERENCE AUTHORIZATION AND RELEASE FORM      To:      A Corporation  By:    , A Partnership whose address is      (Proposer)   An Individual      Proposer hereby authorizes Town to perform such investigation of proposer as the Town deems  necessary to establish the qualifications, responsibility and financial ability of proposer. By its  signature hereon, proposer authorizes owner to obtain reference information concerning  proposer and releases the party providing such information named above and the Town from  any and all liability to proposer as a result of any such reference information provided.      Proposer further waives any right to receive copies of reference information provided to the  Town. An executed copy of this Reference Authorization and Release Form may be used with  the same effectiveness as an original.      By:       Print Name:       Title:       Date:        16   EXHIBIT 4  TOWN OF ESTES PARK  SITE MAP  17         EXHIBIT 5  TOWN OF ESTES PARK  PROFESSIONAL SERVICES CONTRACT  [To complete this form, press f11 to move from field to field and follow any prompts. If no prompt appears (like date or section number fields), press f11 to skip to next field. Now press delete to delete this prompt, and press f11 to proceed.]   PROFESSIONAL SERVICES CONTRACT  Here, describe the type (or a descriptive title) of the contract and insert table of contents, if necessary, then press f11 to  proceed]      The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and [Enter Contractor Name, then  press F11 to proceed] (Contractor), a [Enter Contractor's legal entity, e.g. Colorado Corporation, then press F11 to proceed],  whose address is [Enter Contractor's address, including street, city, state & zip, then press f11 to proceed], make this  Contract this __________ day of ____________________, 2023, at the Town of Estes Park, Colorado, considering the  following facts and circumstances:      1 RECITALS:    1.1 Town desires to use the services of Consultant outlined in Consultant's Proposal; and    1.2 Consultant has agreed to provide the Services outlined in its Proposal, on the terms and conditions stated in this  Contract.    2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the  parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement  incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract  Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest  precedence.    The Contract Documents, except for amendments executed after execution of this Contract, are:    2.1 Change Orders;    2.2 Notice to Proceed;    2.3 This Contract;    2.4 The following Addenda, if any:  Number  Date  Page(s)    2.5 The following Special Conditions of the Contract, if any:  Document  Title  Page(s)  18     2.6 Notice of Award;    2.7 Request for Proposals, containing [Enter number of pages in RFP, then press f11 to proceed] pages, dated [Enter  date of RFP, then press f11 to proceed];    2.8 Consultant's Proposal, containing [Enter number of pages in proposal, then press f11 to proceed] pages, dated  [Enter proposal date, then press f11 to proceed]; and    2.9 Insurance Certificates.    [List here any other documents forming part of the Contract, then press f11 to proceed]    3 SCOPE OF SERVICES: Consultant shall provide and furnish at its own cost and expense all materials, machinery,  equipment, tools, superintendence, labor, insurance and other accessories and services necessary to provide its  Services in strict accordance with the conditions and prices stated in the Contract Documents.    4 BEGINNING WORK AND COMPLETION SCHEDULE: The Consultant shall begin services under this Contract upon  receiving Town’s notice to proceed.  Consultant shall timely perform its Services, according to the Performance  Schedule [Enter how Performance Schedule is referenced, either as Contract Document (incorporated into) or Exhibit  (attached to), with language to this effect " attached to and incorporated into this Contract or as otherwise directed by  Town.", then press f11 to proceed].      5 PRICE: The Town will pay Consultant for the performance of this Contract, not to exceed [Enter price, then press f11 to  proceed], as the Price for the total Services performed as stipulated in Consultant's Proposal. This Contract does not  create a multiple fiscal year direct or indirect debt or other financial obligation.  Each request for service shall incur a  concurrent debt for that request only.  All financial obligations of the Town under this Contract are contingent upon  appropriation, budgeting, and availability of specific funds to discharge such obligations.    6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the Town periodically, but no more  frequently than once a month. Each bill shall contain a statement of the time the primary employees spent on the  Services since the previous bill, a brief description of the Services provided by each such employee, and an itemization  of direct expenses. The Town will pay each such bill which it finds to be in accordance with this Contract within forty‐ five days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Contract, or  claims the right to withhold payment of any part of a bill, it will promptly notify Consultant of the question,  nonconformity or reasons for withholding.     7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final acceptance or approval of that part of the  Services paid for, or shall relieve Consultant of any of its obligations under this Contract. Notwithstanding any other  terms of this Contract, Town may withhold any payment (whether a progress payment or final payment) to Consultant  under the following conditions:     7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by  others to perform Services.    7.2 Consultant is in default of any of its obligations under this Contract or any of the Contract Documents.    7.3 Any part of such payment is attributable to Services not conforming to this Contract. (Town will pay for any part  attributable to conforming Services).  19     7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid will not be sufficient to  complete the Services according to this Contract.    8 CONSULTANT'S DUTIES:    8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to perform the Services.  Consultant accepts the relationship of trust and confidence established between it and the Town by this  Contract. Consultant will use its best efforts, skill, judgment, and abilities. Consultant will further the interests of  Town according to Town’s requirements and procedures, according to high professional standards.    8.2 Consultant has and will undertake no obligations, commitments, or impediments of any kind that will limit or  prevent its performance of the Services, loyally, according to the Town's best interests. In case of any conflict  between interests of Town and any other entity, Consultant shall fully and immediately disclose the issue to  Town and, without Town's express approval, shall take no action contrary to Town's interests.    8.3 Consultant’s Services under this Contract shall be of at least the standard and quality prevailing among  recognized professionals of expert knowledge and skill engaged in the Consultant's same profession under the  same or similar circumstances.     8.4 Consultant's work, including drawings and other tangible work products provided to Town, will be accurate and  free from any material errors, and will conform to the requirements of this Contract. Town approval of defective  drawings or other work shall not diminish or release Consultant's duties, since Town ultimately relies upon  Consultant's skill and knowledge.    8.5 The Contract Documents determine whether the Consultant's Scope of Services includes detailed independent  verification of data prepared or supplied by Town. Consultant will, nevertheless, call to Town's attention  anything in any drawings, plans, sketches, instructions, information, requirements, procedures, or other data  supplied to Consultant (by the Town or any other party) that Consultant knows, or reasonably should know, is  unsuitable, improper, or inaccurate for Consultant's purposes.    8.6  Consultant shall attend such meetings on the work stated in this Contract, as Town requires. Town will give  reasonable notice of any such meetings, so Consultant may attend. [This sentence may not apply, assess, and  press f11 to proceed] Town will pay for any meeting time exceeding Consultant’s total estimate of included  hours, according to Consultant’s fee schedule attached to Consultant’s proposal.]    8.7 As applicable state and federal laws may require, Consultant will assign only persons duly licensed and  registered to do work under this Contract.    8.8 Consultant shall furnish efficient business administration and superintendence and perform the Services in the  most efficient and economical manner consistent with the best interests of Town.    8.9 Consultant shall keep its books and records for Services and any reimbursable expenses according to recognized  accounting principles and practices, consistently applied. Consultant shall make them available for the Town's  inspection at all reasonable times. Consultant shall keep such books and records for at least three (3) years after  completion of the Services.    9 TOWN'S DUTIES:    20   9.1 Town will provide full information to the Consultant on the Town's requirements in a timely manner.    9.2 Town will assist the Consultant by providing such pertinent information available to Town, including maps,  studies, reports, tests, surveys and other data, as Consultant specifically requests.    9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other documents presented by  the Consultant to Town for decisions. Town will obtain the advice of other consultants, as the Town thinks  appropriate. Town will give decisions to the Consultant in writing within a reasonable time.    9.4 Town will appoint a person to act as Town's representative on this Agreement. This person will have authority to  issue instruction, receive information, interpret and define the Town's policies and decisions on the Consultant’s  Services.     9.5 Town will give prompt written notice to the Consultant when the Town notices any development that affects the  scope or timing of the Services.    10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion of this Agreement and lacks  control of the future use of Consultant's work. Except for deficiencies in Consultant’s performance under this  Agreement, future use and interpretation of Consultant’s work is at the risk of Town or other users.     10.1 The Consultant will keep record copies of all work product items delivered to the Town.     11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings, specifications, computations, sketches, test data,  survey results, renderings, models, and other materials peculiar to the Services of Consultant or Consultant’s  subconsultants under this Contract are property of Town, for its exclusive use and re‐use at any time without further  compensation and without any restrictions. Consultant shall treat all such material and information as confidential, and  Consultant shall neither use any such material or information or copies on other work nor disclose such material or  information to any other party without Town's prior written approval. Upon completion of Services, or at such other  time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set of all such materials. For  copyright ownership under the Federal Copyright Act, Consultant conveys to Town and waives all rights, title and  interest to all such materials in written, electronic or other form, prepared under this Contract. Town shall have  worldwide reprint and reproduction rights in all forms and in all media, free of any claims by the Consultant or its  subconsultants and subcontractors. The Town's rights, granted above, in drawing details, designs and specifications that  are Consultant's standard documents for similar projects, and in Consultant’s databases, computer software and other  intellectual property developed, used or modified in performing Services under this Contract are not exclusive, but joint  rights, freely exercisable by either the Town or the Consultant.    All design documents, including drawings, specifications, and computer software prepared by Consultant according to  this Contract comprise Consultant's design for a specific Project. Neither party intends or represents them as suitable  for reuse, by Town or others, as designs for extension of that same Project or for any other project. Any such reuse  without prior written verification or adaptation by Consultant for the specific purpose intended will be at user's sole risk  and without liability or legal exposure to Consultant. Except as required for performance under this Contract,  Consultant's verification or adaptation of design documents will entitle Consultant to additional compensation at such  rates as the Consultant may agree.    12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of additions, deletions, or modifications,  without invalidating this agreement, and agrees to make corresponding adjustments in the contract price and time for  completion. All changes will be authorized by a written change order signed by Town. Work shall be changed, and the  contract price and completion time shall be modified only as set out in the written change order.    21     13 SERVICE OF NOTICES: The parties may give each other required notices in person or by first class mail or by email to  their authorized representatives (or their successors) at the addresses listed below:     TOWN OF ESTES PARK:  [Enter name, title, & address of Town's  authorized rep., then press f11 to proceed]     CONSULTANT:  [Enter name, title & address of consultant's  authorized rep., then press f11 to proceed]    14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance with applicable federal, state, and  municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational  Safety and Health Administration [OSHA] regulations, latest revised edition, providing for job safety and health  protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Contract.  Consultant shall protect and indemnify Town against any claim or liability arising from or based on the violations of any  such law, ordinance, regulation, order, or decrees by itself or by its subcontractors, agents, or employees. Town  assumes no duty to ensure that Consultant follows the safety regulations issued by OSHA.    15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all charges, files, and taxes and give all  notices necessary and incidental to the lawful prosecution of its Services. Anyone conducting business in the Town of  Estes Park is required a business license which can be obtained from the Town Clerk’s Office.     16 PATENTED DEVICES, MATERIALS AND PROCESSES:  The Consultant shall hold and save harmless the Town from all  claims for infringement, by reason of fee use of any patented design, device, material, process, or trademark or  copyright and shall indemnify the Town for any costs, expenses, and damages, including court costs and attorney fees,  incurred by reason of actual or alleged infringement during the prosecution or after completion of Services.    17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through the term of this Contract the  minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Consultant shall  maintain such coverages for the insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any  claims‐made policy, Consultant shall include the necessary retroactive dates and extended reporting periods to  maintain continuous coverage.    17.1 Professional Liability/Errors and Omissions for at least $1,000,000.    17.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's  Liability with limits of at least $500,000.    17.3 General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional  amount adequate to pay related attorney's fees and defense cost. Coverage shall include bodily injury, property  damage, personal injury, and contractual liability.     17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and property damage coverage of at  least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys' fees and  defense costs, for each of Consultant's owned, hired or non‐owned vehicles assigned to or used in performance  of this Contract.    17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any plans, drawings, field notes,  or other similar data related to the services covered by this Contract in case of their loss or destruction.      22   17.6 The required general liability and comprehensive automobile liability policies shall contain endorsements to  include Town and its officers and employees as additional insureds. The required professional liability and  workers’ compensation policies or coverages shall not contain endorsements including the Town, its officers or  employees as additional insureds. Every policy required above shall be primary insurance. Any insurance or self‐ insurance benefits carried by Town, its officers, or its employees, shall be in excess and not contributory to that  provided by Consultant.    17.7 Consultant shall, upon request, provide Town a certified copy of each required policy.    17.8 As evidence of the insurance coverages required by this Contract, before beginning work under this Contract,  Consultant shall furnish certificates of insurance certifying that at least the minimum coverages required here  are in effect and specifying the liability coverages (except for professional liability) are written on an occurrence  form to:     Town of Estes Park  170 MacGregor Avenue  PO Box 1200  Estes Park, CO 80517  Attention:  [INSERT TITLE OF DEPARTMENT CONTACT]    With the exception of professional liability and workers’ compensation, policy or policies providing insurance as required will defend and include the Town, its Board, officers, agents and employees as additional insureds on a primary basis for work performed under or incidental to this Contract. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. The policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. General liability and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town. These policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of acts or omissions of the Consultant, its officers, employees, agents, sub-consultants, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry.    17.9 If Consultant is self‐insured under the laws of the State of Colorado, Consultant shall provide appropriate  declarations and evidence of coverage.    17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages. Consultant shall notify  Town's designated person responsible for risk management of any reduction or exhaustion of aggregate limits,  which Town may deem to be a breach of this Contract.    17.11 The Town relies on, and does not waive or intend to waive, by any provision of this Contract, the monetary  limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity  Act, § 24‐10‐101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their  officers, or their employees.    17.12 If any insurance required here is to be issued or renewed on a claims‐made form as opposed to the occurrence  form, the retroactive date for coverage will be no later than the commencement date of the project and will  state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage)  will be at least 72 months.  23     17.13 Consultant shall not cancel, non‐renew or cause insurance to be materially changed or replaced by another  policy without prior approval by Town.    18 INDEMNIFICATION:    18.1 Consultant and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and  do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees")  from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’  fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting  from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury,  sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including  resulting loss of use or consequential damages) and (2) caused, in whole or in part, by any error, omission or  negligent act of the Consultant, anyone directly or indirectly employed by it, or anyone for whose acts  Consultant may be liable.    18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, each  such Indemnitor shall be jointly and severally liable to the Indemnitees for indemnification and the Indemnitors  may settle ultimate responsibility among themselves for the loss and expense of any such indemnification by  separate proceedings and without jeopardy to any Indemnitee. This Agreement shall not eliminate or reduce  any other right to indemnification or other remedy the Town, or any of the Indemnitees may have by law.    18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for any time the Town Attorney's  Office and other counsel to the Town reasonably spend on such claims or actions at the rates generally  prevailing among private practitioners in the Town of Estes Park for similar services. This obligation to indemnify  the Town shall survive the termination or expiration of this Agreement.    19 INDEPENDENT CONTRACTOR:  Consultant shall perform all Services under this Agreement as an independent  contractor, and not as an agent or employee of Town. No employee or official of Town shall supervise Consultant.  Consultant shall exercise no supervision over any employee or official of Town. Consultant shall not represent that it is  an employee or agent of the Town in any capacity. Consultant’s officers, employees and agents are not entitled to  Workers' Compensation benefits from the Town, and Consultant is obligated to pay federal and state income tax on  money earned under this Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense,  supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other  accessories and Services necessary. This Agreement is not exclusive; subject the terms of this Agreement, Town and  Consultant may each contract with other parties.    20 PROVISIONS CONSTRUED AS TO FAIR MEANING:  Any tribunal enforcing this Agreement shall construe its terms as to  their fair meaning, and not for or against any party based upon any attribution to either party.    21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience and reference only and of no  meaning in the interpretation or effect of this Contract.    22 NO THIRD‐PARTY BENEFICIARIES: The parties intend no third‐party beneficiaries under this Contract. Any person  besides Town or Consultant receiving services or benefits under this Agreement is an incidental beneficiary only.    23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE:  For conduct the Town (in its sole discretion) decides may violate  applicable laws, ordinances rules or regulations, or may expose Town to liability or loss, Town may bar any person  (including Consultant's and subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar  24   shall not require any employee's discharge from employment, but shall merely prohibit the employee's presence at  Town’s work sites. Such a bar shall not warrant an increase in contract time or Price.    24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default.    25 TERM: This Contract shall commence on [Fill in the date contract begins, which can be "its effective date", a specific  date, or "the date specified in a forthcoming Notice to Proceed", and press F11 to continue], and shall continue through  [Fill in the date contract ends, press F11 to continue]  [Optional renewals statement, press F11 to continue] with the  option of four (4) additional renewals, on an annual basis, upon agreement of both parties.]     26 TERMINATION:    26.1 In addition to any other available remedies, either party may terminate this Contract if the other party fails to  cure a specified default within seven (7) days of receiving written notice of the default. The notice shall specify  each such material breach, in reasonable detail.    26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its own convenience. The  Town may effect such termination by giving Consultant written Notice of Termination specifying the extent and  effective date of termination. In case of termination, for convenience, Town shall pay Consultant for work  satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed.    26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all drawings, computer  programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys and writer’s  materials of any kind generated in the performance of its Services under this Contract up to and including the  date of termination.    27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of  the Consultant hereunder. Town may effect suspension by giving the Consultant written notice one (1) day in advance  of the suspension date. Upon receipt of such notices the Consultant shall cease their work as efficiently as possible, to  keep total charges to a minimum. The Town must specifically authorize any work performed during suspension. Since  suspension and subsequent reactivation may inconvenience the Consultant, Town will endeavor to provide advance  notice and minimize its use. After a suspension has been in effect for thirty days, the Consultant may terminate this  Contract at will.    28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this  Contract without the express written approval of the other.    29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the Contractor's Proposal, Consultant may  employ subconsultants to perform the Services only with Town's express prior written approval. Consultant is solely  responsible for any compensation, insurance, and all clerical detail involved in employment of subconsultants.    30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this  Contract. Venue and jurisdiction for any court action filed regarding this agreement shall be only in Larimer County,  Colorado.    31 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of  Town and Consultant. By their signatures on this document, the signatories represent that they have actual authority to  enter this Contract for the respective parties.    25   32 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this  Contract.    33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy the Town may be entitled to  for a breach of this Contract, if the Town terminates this Contract, in whole or in part, due to Contractor’s breach of any  provision of this Contract, Contractor shall be liable for actual and consequential damages to the Town.        Signature pages follow.   26   CONSULTANT      By:                    Date  Title: _______________________________       State of     )       ) ss  County of     )    The foregoing instrument was acknowledged before me this __________ day of ____________________, 2022, by  ______________________________, as _____________________________ of ______________________________,  Consultant. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity  or as attorney‐in‐fact, insert name of person as an executor, attorney‐in‐fact, or other capacity or description; if by officer of  corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.)    Witness my hand and official Seal.    My Commission expires      .                     Notary Public         27   TOWN OF ESTES PARK:          By:                   Date  Title: _______________________________           State of      )  ) ss  County of      )    The foregoing instrument was acknowledged before me by     , as        of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this    day of      , 2022.      Witness my hand and official Seal.    My Commission expires     .              Notary Public        APPROVED AS TO FORM:             Town Attorney    J-U-B Engineers, Inc. AGREEMENT for PROFESSIONAL SERVICES FOR US 34 and Hwy 7 Trail Improvements Project Town of Estes Park, CO Scope of Services, Schedule, and Basis of Fee January 2025 PROJECT UNDERSTANDING The trail sections that are being replaced along US-34 and Hwy 7 are composed of an existing asphalt hard surface that has served the purpose of providing a path for pedestrians along these major routes in the Town. The Town of Estes Park aims to improve two high-use trail systems along US-34 and Hwy 7. Currently, the trails are discontinuous, in poor condition, non-compliant with ADA guidelines, and lack necessary features like signage, striping, safe crosswalks, and connectivity to nearby facilities. The primary goal of this project will be to replace the existing deteriorating substandard asphalt trail with a concrete sidewalk trail. We will consider the project budget, public comments, Town government, and staff feedback and utilize CDOT, MUTCD, ADA, and PROWAG standards to design the project. A new ADA-compliant 8-foot-wide (preferably 10 feet) trail is being proposed to comply with these standards which will also be extended across access points. Other top priorities will be reducing conflicts with vehicles, private property, and utilities that will be taken under consideration with the design. The Town has selected J-U-B Engineers to provide the Town with conceptual, preliminary engineering design services (30% design), final engineering design (90% design), construction documents and support during construction. The scope of work consists of defining project footprint, trail design, geotechnical services, survey and base mapping, ROW acquisition, drainage design, and construction phasing. The following scope of work correlates to the fee spreadsheet and provides an explanation of each proposed task. PROJECT STANDARDS, GUIDELINES AND SPECIFICATIONS: The following is a list of technical references applicable to the work and are the basis for design criteria, details and specifications for the project. The Consultant will be responsible for complying with the current editions of the listed reference documents as of the Notice to Proceed date. The Consultant should anticipate regular updates to the reference documents over the course of the design schedule. Major design revisions due to newly issued design guide revisions will be reviewed and approved by the County’s project manager as additional work.  AASHTO Roadside Design Guide (“Green Book”)  DOJ ADA Standards for Accessible Design  Manual on Uniform Traffic Control Devices (MUTCD)  Public Right-of-Way Accessibility Guidelines (PROWAG)  Larimer County Urban Area Street Standards (LCUASS)  Town of Estes Park Development Code and Comprehensive Plan  CDOT Standard Specifications for Road and Bridge Construction  CDOT Roadway Design Guide  CDOT M & S Standard Plans PART 1 – SCOPE OF SERVICES (through Construction Drawings) A. Basic Services – J-U-B’s Basic Services under this Agreement are limited to the following tasks. CLIENT reserves the right to add subsequent phases or related work to the scope of services upon mutual agreement of scope, fees, and schedule. The following abbreviations are used in this scope: J-U-B – J-U-B Engineers, Inc. Town – Town of Estes Park EEC – Earth Engineering Consultants King – King Surveyors WS – Western States Land Services US 34 TASK 1 - PROJECT MANAGEMENT Scope Task Scope of Services Deliverables 1. General Project Management and Administration This item includes general coordination efforts by J-U-B’s project manager. Scheduling and resource loading are included in this item. Coordination with sub- consultants is included in this task. Coordination with other stakeholders will be included in this item. This is for management and admin support from January to December 2025. This task is combined with the Hwy 7 task. N/A 2. Kickoff Meeting The kick-off meeting will be attended by the following J-U-B team members: project manager, environmental lead, and a project engineer. J-U-B will prepare an agenda and meeting minutes. This task is combined with the Hwy 7 task. Meeting Agenda & Minutes 3. Periodic Progress Meetings Periodic progress meetings will be attended by the J-U-B project manager and/or project engineer and other key staff members as needed. These meetings may be a combination of phone conference meetings or in-person meetings, as requested by the Town of Estes Park. It is anticipated that meetings will be held bi-weekly. Subconsultants will attend as required. J-U-B will prepare an agenda and meeting minutes. Meetings are planned to be virtual unless in person is needed. Meetings are assumed to be held biweekly from January to December with 2 hours each meeting for prep and attendance. This task is combined with the Hwy 7 task. Meeting Agenda & Minutes 4. Design Meetings (Concept, 30%, 90%, 2-TAB Meetings) J-U-B’s project manager and project engineer will attend design meetings at each milestone, which is assumed to be at the conceptual, preliminary, and final phase. Two Transportation Advisory Board (TAB) meetings are planned. One at the 30% and 90% level. This task is combined with the Hwy 7 task. Meeting Agenda & Minutes 5. Monthly Progress Reports & Invoicing (Assuming 12) J-U-B’s project manager and project accountant will prepare monthly progress reports that will be submitted with the invoice. Invoices will project role along with hours worked and a description of what has occurred. This task is combined with the Hwy 7 task. Progress Report & Invoice TASK 2 - DATA COLLECTION Scope Task Scope of Services Deliverables 6. Review & Research existing studies, reports, etc. J-U-B will gather and review existing studies and reports for this corridor. In addition, our team will review any drainage reports, utility information, property information, etc. This knowledge will provide our team with an understanding of the history of the trail corridors. Any existing and relevant information will be extracted and used in the proposed design. N/A 7. Topographic Survey (Includes Project Management and locating Geotech Bore Locations) King will obtain a topographic survey of the proposed trail area. Currently approximately 60’ from edge of roadway is assumed as limits of survey. J-U-B will format the topographic survey into J-U-B standard linetypes and symbols. King will obtain surface utility marks and geotechnical boring locations that will be used in the report and shown in the plans Refer to King’s scope & fee for additional information. Topographic Survey with utility locations, Geotechnical boring locations 8. Property/Road Right-of-Way/Base Map King will provide linework for the property lines, Right-of-Way lines, and easements. Refer to King’s scope & fee for additional information Base Map with ROW, easement and property lines 9. Geotechnical Investigation and Reporting Obtain or perform any required geotechnical work necessary for the design of the roadway improvements. Collect representative soil samples (ten test trail related test borings) to perform laboratory testing services and provided pavement design recommendations using LCUASS and CDOT guidelines Refer to EEC’s scope & fee for additional information. Geotechnical Report TASK 3 – PRELIMINARY DESIGN (30% PLANS) Scope Task Scope of Services Deliverables 10. Conceptual Design (horizontal only) This task includes the creation of a preferred trail alignment concept. High level vertical information will be analyzed to verify ROW impacts 1 roll plot 11. Preliminary Drainage Design and Report The preliminary drainage report will include design calculations for the proposed storm sewer system. Existing basins will be delineated. It is assumed that permanent water quality features are not required on the project, but our team will work with the county to use best practices for treating stormwater. Proposed storm sewer facilities will be illustrated on the drainage plans under task “Storm Drainage Sheets.” Preliminary Drainage Report 12. Preliminary Structure Report The preliminary structure analysis and report will be completed. Structure alternative analysis will be included in this preliminary report Preliminary Structure Report 13. Initial Utility Coordination, Determine Test Hole Locations (if needed) After the concept plan is approved, J-U-B will reach out to impacted utility companies to start conversation on possible conflicts. Testhole locations (if needed) will be identified. Initial Utility Plan with Test Holes Marked Plan Sheets (Includes necessary engineering design time) Task Items 14-25 included. After initial data collection has been completed and reviewed and concept design has been approved, J-U-B will begin advancing the preliminary design. As the design progresses, there may be variations to the following plan list. J-U-B will discuss any major changes with the Town of Estes Park before developing plan sheets. The plan sheets will be developed using AutoCAD Civil 3D 2024 and will Preliminary Design Plans Scope Task Scope of Services Deliverables be setup at a 22”x34” format and printed at half size 11”x17”. The following subtasks outline the anticipated sheets for this project. 14. General Sheets J-U-B will prepare the following preliminary plan sheets:  Cover  Standard Plans List  Legend and symbols  General Notes  Typical sections  Summary of Approximate Quantities  Quantity Tabulations (Some tabulations will be included, but not all for preliminary design)  Earthwork Tabulations  Survey Tabulations  Summary of Approximate Quantities  Horizontal Control Preliminary Plans 15. Geometric Sheets These sheets will reference our design to the HARN systems for horizontal location. An alignment for trail will be referenced. All horizontal geometry points will be identified on these plans. Preliminary Plans 16. Utility Sheets Develop plan sheets showing all existing utilities and proposed adjustments and/or relocations. Utility owner(s) will be identified on plans. Any potential conflicts will be identified on plans. If testholes are necessary, the location and number will be discuss with the town to determine how this information will be obtained. Preliminary Plans 17. Removal Sheets All removal, resets, adjustments, and relocation items will be shown on this plan. Any required phasing of removal items will be clarified. Removal notes will be added. Removal items will have hatching to ease in readability. Preliminary Plans 18. Plan & Profile Sheets The roadway plan and profile sheets will include a plan view and corresponding profile view (if applicable) that will include existing and proposed improvements. The plan views will callout all proposed design elements and references to other sheets will be included. It is anticipated that a 20 scale will be used. Matchlines and a key map will be utilized to clearly identify the horizontal location. Review sight distance at intersections along the corridor with respect to existing or proposed obstructions. Preliminary Plans 19. Grading Sheets J-U-B will prepare preliminary plan sheets to include surface grading and proposed contours. Elevations of the trail will be detailed on these sheets. Grades will be identified. A corridor model will be created in AutoCAD Civil 3D to produce a proposed surface. Detailed grading will not be shown at this point. Flow arrows will be included to indicate the general drainage pattern of the proposed grading. Preliminary Plans 20. Storm Drainage Sheets Any necessary storm pipes, culverts and/or drainage structures will be detailed in plan-view. Storm pipe profiles will be developed after preliminary design. J-U-B will evaluate the vertical depths of utilities to identify potential conflicts with proposed storm infrastructure. Preliminary Plans Scope Task Scope of Services Deliverables 21. Structure Sheets (2 Retaining Walls Assumed) Structure sheets for up to 2 retaining walls (up to 100’ each) are assumed with this submittal. Details at this level will be high level with more detail anticipated at the for submittal Preliminary Plans 22. SWMP Plans Proposed erosion Control Measures (CMs) will be included at strategic locations and will be called out on the plans. CMs on plans sheets will be developed for three phases of construction: initial condition, interim condition, and final stabilization. The following SWMP sheets are anticipated for this project:  Cover Sheet  General Notes (Including CM tabulation)  Before Grading Sheet (Initial)  During Grading Sheet (Interim)  Final Stabilization Sheet (Final) Preliminary Plans 23. Traffic Sheets (Signing & Striping, Signal, Construction Phasing) Signing and Striping Sheets will be added to the plans. These sheets will indicate the preliminary signing and striping expected for the project. Preliminary Plans 24. Details Detail sheets will include any pertinent construction details at the preliminary level. Additional details will be added during the final design phase. Preliminary Plans 25. Cross Sections Cross sections will be developed along the horizontal control line of the trail Cross sections will be displayed at 25’ intervals. Cross sections will display minimal labels at this stage of design. Preliminary Plans 26. QA/QC, Constructability Review Prior to the preliminary submittal J-U-B will perform a QA/QC process which includes sending drawings to other J-U-B staff members for review and comment. All comments will be reviewed with the design staff and incorporated into the plans if relevant. J-U-B Construction group will provide a constructability review. None 27. Preliminary Specifications (Outline of specs) Preliminary specifications will be provided with this submittal. It is anticipated that only the index of specifications will be provided at this stage. That will include the necessary project special provisions and standard special provisions. The specifications will follow the most current CDOT Standard Specifications for Road and Bridge Construction. Project Specifications (Outline Only) 28. Engineer's Opinion of Probable Construction Cost (OPCC) The OPCC will include expected bid items developed during the preliminary design. Quantities will be developed from the design sheets. Items not on the tabulation sheets will be documented in a computation book. Costs will be developed from various sources including past bid tabs. The OPCC will have a contingency added at this point. The contingency will be coordinated with the Town, prior to submittal. Standard CDOT pay items will be used as a basis for the cost opinion. OPCC 29. Submittal Package of Complete Documents and Plans for City Review/Comment This item includes preparing all design drawings, reports, and design information in preparation for submittal to the County. This will include reviewing sub- 30% Submittal Scope Task Scope of Services Deliverables consultants deliverables (i.e. specifications, cost estimates, design drawings, etc.) to ensure a cohesive and accurate submittal. TASK 4 – FINAL DESIGN (90% PLANS) Scope Task Scope of Services Deliverables 30. Final Drainage Design and Report Comments on the preliminary drainage report will be address. Further detail will be provided in final report. A final Drainage Plan and Report will be produced. The report will include hydrologic and hydraulic calculations for the proposed stormwater flow within the project right-of-way areas. Hydraulic information for storm networks will be included. Proposed storm sewer facilities will be illustrated on the drainage plans under task “Storm Drainage Sheets.” Final Drainage Report 31. Final Structure Report A final structure report will be completed that will include all retaining wall structural calculations. A maximum number of two retaining structures (100’ each) are assumed as part of this scope. Structural Report 32. Utility Coordination J-U-B will continue to coordinate with 3rd party utilities through preliminary design. This will include submitting updated design plans to utility companies, and meeting with utility companies to discuss impacts. At this stage, J-U-B will attempt to finalize schedule, timing and funding of any utility relocates, removals, adjustments, or resets. Utility coordination log will continue to be updated based on updates to utility coordination. Utility coordination log 33. ROW Documents JUB will provide easement limits needed for the project. King will provide legal descriptions for the easements Refer to King scope & fee for additional information. Legal Descriptions and Exhibits (Up to 6 assumed) 34. ROW Acquisition Western States will contact the property owners and negotiate the acquisition of property needed for the trail construction Refer to WS scope & fee for additional information. Recorded easements (Up to 6 assumed) Plan Sheets (Includes necessary engineering design time) Task Items 35-45 included. J-U-B will advance the preliminary drawings to a final design level (90%). This includes providing more detail on sheets, adding additional sheets, including more details and annotation. All design sheets include time to research, investigate, and apply engineering standards, guidelines, and judgement. Modifications to the initial design are anticipated. A maximum number of two major redesigns are assumed as part of this scope. 35. General Sheets J-U-B will advance the general sheets for the 90% submittal:  Cover  Standard Plans List  Legend and symbols  General Notes  Typical sections  Summary of Approximate Quantities  Quantity Tabulations  Earthwork Tabulations Scope Task Scope of Services Deliverables  Survey Tabulations  Summary of Approximate Quantities  Horizontal Control 36. Geometric Sheets These sheets will reference our design to the HARN systems for horizontal location. An alignment for the trail will be referenced. All horizontal geometry points will be identified on these plans. Adjustments will be made for final design. 37. Utility Sheets Utility plans will be updated to reflect preliminary design comments and will show the design of any utility relocates/resets/adjustments. Any associated design will be cross-referenced and/or included in the plan set. Utility owner(s) will be identified on plans. J-U-B will confirm the following with all affected utility companies: 1) conflicts and proposed resolution are acceptable; 2) who is financially responsible for the work required to resolve the conflict; 3) confirm which portion(s) of the work will be performed by the Utility Company versus the Town’s contractor; and 4) confirm the duration or expected completion date of the utility work and any advance notification requirements. 38. Removal Sheets Removal sheets will be advanced to a final design level. All removal, resets, adjustments, and relocation items will be shown on this plan. Any required phasing of removal items will be clarified. Removal notes will be added. Removal items will have hatching to ease in readability. J-U-B will make a site visit to ensure all removals/resets/adjustments are included. 90% Plans 39. Plan & Profile Sheets The roadway plan and profile sheets will be advanced to a 90% level. These sheets will include a plan view and corresponding profile view (if applicable) that will include existing and proposed improvements. Vertical design information such as utilities will be shown at this level. The plan views will callout all proposed design elements and references to other sheets will be included. It is anticipated that a 20 scale will be used. Matchlines and a key map will be utilized to clearly identify the horizontal location. 90% Plans 40. Grading Sheets J-U-B will advance the preliminary plan sheets to include more detailed surface grading and proposed contours. Elevations of proposed trail will be detailed on these sheets. Additional sheets may be added for any necessary detailed grading. J-U-B will evaluate the vertical depths of utilities, proposed storm pipes (if applicable), and other constraints to determine the feasibility of the drainage infrastructure. 90% Plans 41. Storm Drainage Sheets Any necessary storm pipes, culverts and/or drainage structures will be detailed in plan-view. Storm pipe profiles will be included at this level. J-U-B will evaluate the vertical depths of utilities to identify potential conflicts with proposed storm infrastructure. 90% Plans 42. Structure Sheets J-U-B will advance the structure sheets for the retaining walls and provided final details as needed. A maximum number of two retaining structures (100’ each) are assumed as part of this scope. 90% Plans 43. SWMP Plans J-U-B will advance the stormwater management plans and incorporate all preliminary comments. Proposed structure CMs will be included at strategic locations and will be called out on the plans. CMs on plans sheets will be 90% Plans Scope Task Scope of Services Deliverables developed for three phases of construction: initial condition, interim condition, and final stabilization. Stormwater notes, quantities, and plans will be finalized at this stage. 44. Details Detail sheets will include all pertinent construction details for the final design level. Details will include Town of Frederick standard construction details as well as any project specific details. 90% Plans 45. Cross Sections Cross sections will be developed along the horizontal control lines of trail. Cross sections will be displayed at 25’ intervals. Cross sections will display stations/offsets/elevations at strategic points (crown of road, edge of pavement (EOP), cut/fill points, and R.O.W.). 90% Plans 46. QA/QC, Constructability Review Prior to the preliminary submittal J-U-B will perform a QA/QC process which includes sending drawings to other J-U-B staff members for review and comment. All comments will be reviewed with the design staff and incorporated into the plans if relevant. J-U-B Construction group will provide a constructability review. None 47. Final Specifications (Project Special Provisions and Standard Special Provisions) Final technical specifications will be provided with this submittal. This will include the necessary project special provisions and standard special provisions. The specifications will follow the most current CDOT Standard Specifications for Road and Bridge Construction. Project Specifications 48. CDOT Special Use Permit JUB will prepare a Special Use permit for submittal to CDOT. This includes the permit, plans and the environmental summary sheet CDOT Special Use Permit 49. Environmental Clearance - Wetland Delineation, ISA, MBTA and Soil Samples JUB will conduct field work and provide documentation on the wetlands that may be present near the trail site, Initial Site Assessment (ISA), Migratory Bird Treaty Act (MBTA) compliance, and provide Soil Samples for the SWMP which will be required by CDOT. Wetland Delineation Report, ISA Form, MBTA Form 50. Engineer's Opinion of Probable Construction Cost (OPCC) The OPCC will include expected bid items developed during the preliminary design. Quantities will be developed from the design sheets. Items not on the tabulation sheets will be documented in a computation book. Costs will be developed from various sources including past bid tabs. The OPCC will have a contingency added at this point. The contingency will be coordinated with the Town, prior to submittal. Standard CDOT pay items will be used as a basis for the cost opinion. OPCC 51. Public Outreach – Open House JUB will support the Town in preparing for an Open House Exhibits and Mailers 52. Submittal Package of Complete Documents and Plans for City Review/Comment This item includes preparing all design drawings, reports, and design information in preparation for submittal to the CDOT and to the Town. This will include reviewing sub-consultants’ deliverables (i.e. specifications, cost estimates, design drawings, etc.) to ensure a cohesive and accurate submittal. 90% Submittal TASK 5 – FINAL CONSTRUCTION PLANS & BID ADMINISTRATIVE ASSISTANCE Scope Task Scope of Services Deliverables 53. Final Construction Plan Sheets After the 90% design has been complete and reviewed by the CDOT and the Town, J-U-B will begin advancing the design for Construction. Comments received from the final design phase will be incorporated into the construction documents. Final Plans 54. Final Specifications for Construction (Project Special Provisions and Standard Special Provisions) J-U-B will revise the project special and standard special provisions to incorporate into the advertisement package. Final Technical Specifications 55. Engineer's Opinion of Probable Construction Cost (OPCC) J-U-B will advance the OPCC to a bid-ready estimate. Quantities will be updated/verified. The quantities will be input into the Opinion of Probable Construction Cost with associated unit costs. Final Drainage OPCC 56. Submittal Package of Complete Documents and Plans for Town and CDOT Review This item includes preparing all design drawings, reports, and design information in preparation for submittal to the County. This will include reviewing sub- consultants deliverables (i.e. quantities, cost estimates, design drawings, etc.) to ensure a cohesive and accurate submittal. Complete PS&E package with supporting reports & memos 57. Bid Administration Assistance to Town J-U-B’s Project Manager will attend the pre-bid meeting. J-U-B will coordinate with the Town on any revisions throughout the advertisement period. Plans & Specifications will be updated accordingly. J-U-B will assist the Town in answering any questions throughout the advertisement period. J-U-B will post addendums to contractors. Design Files and/or updated plans & specifications HWY 7 TASK 1 - PROJECT MANAGEMENT Scope Task Scope of Services Deliverables 1. General Project Management and Administration This item includes general coordination efforts by J-U-B’s project manager. Scheduling and resource loading are included in this item. Coordination with sub- consultants is included in this task. Coordination with other stakeholders will be included in this item. This is for management and admin support from January to December 2025. This task is combined with the US 34 task N/A 2. Kickoff Meeting The kick-off meeting will be attended by the following J-U-B team members: project manager, environmental lead, and a project engineer. J-U-B will prepare an agenda and meeting minutes. This task is combined with the US 34 task Meeting Agenda & Minutes 3. Periodic Progress Meetings Periodic progress meetings will be attended by the J-U-B project manager and/or project engineer and other key staff members as needed. These meetings may be a combination of phone conference meetings or in-person meetings, as requested by the Town of Estes Park. It is anticipated that meetings will be held bi-weekly. Subconsultants will attend as required. J-U-B will prepare an agenda and meeting minutes. Meetings are planned to be virtual unless in person is needed. Meetings are assumed to be held biweekly from January to December Meeting Agenda & Minutes Scope Task Scope of Services Deliverables with 2 hours each meeting for prep and attendance. This task is combined with the US 34 task 4. Design Meetings (Concept, 30%, 90% , 2-TAB Meetings) J-U-B’s project manager and project engineer will attend design meetings at each milestone, which is assumed to be at the conceptual, preliminary, and final phase. Two Transportation Advisory Board (TAB) meetings are planned. One at the 30% and 90% level. This task is combined with the US 34 task Meeting Agenda & Minutes 5. Monthly Progress Reports & Invoicing (Assuming 12) J-U-B’s project manager and project accountant will prepare monthly progress reports that will be submitted with the invoice. Invoices will project role along with hours worked and a description of what has occurred. This task is combined with the US 34 task Progress Report & Invoice TASK 2 - DATA COLLECTION Scope Task Scope of Services Deliverables 6. Review & Research existing studies, reports, etc. J-U-B will gather and review existing studies and reports for this corridor. In addition, our team will review any drainage reports, utility information, property information, etc. This knowledge will provide our team with an understanding of the history of the trail corridors. Any existing and relevant information will be extracted and used in the proposed design. N/A 7. Topographic Survey (Includes Project Management and locating Geotech Bore Locations) King will obtain a topographic survey of the proposed trail area. Currently approximately 75’ from edge of roadway is assumed as limits of survey. J-U-B will format the topographic survey into J-U-B standard linetypes and symbols. King will obtain surface utility marks and geotechnical boring locations that will be used in the report and shown in the plans Refer to King’s scope & fee for additional information. Topographic Survey with utility locations, Geotechnical boring locations 8. Property/Road Right-of-Way/Base Map King will provide linework for the property lines, Right-of-Way lines, and easements. Refer to King’s scope & fee for additional information Base Map with ROW, easement and property lines 9. Geotechnical Investigation and Reporting Obtain or perform any required geotechnical work necessary for the design of the roadway improvements. Collect representative soil samples (twelve test trail related test borings) to perform laboratory testing services and provided pavement design recommendations using LCUASS and CDOT guidelines Refer to EEC’s scope & fee for additional information. Geotechnical Report TASK 3 – PRELIMINARY DESIGN (30% PLANS) Scope Task Scope of Services Deliverables 10. Conceptual Design (horizontal only) This task includes the creation of a preferred trail alignment concept. High level vertical information will be analyzed to verify ROW impacts 1 roll plot 11. Preliminary Drainage Design and Report Scope Task Scope of Services Deliverables The preliminary drainage report will include design calculations for the proposed storm sewer system. Existing basins will be delineated. It is assumed that permanent water quality features are not required on the project, but our team will work with the county to use best practices for treating stormwater. Proposed storm sewer facilities will be illustrated on the drainage plans under task “Storm Drainage Sheets.” Preliminary Drainage Report 12. Preliminary Structure Report The preliminary structure analysis and report will be completed. Structure alternative analysis will be included in this preliminary report. A maximum number of two retaining structures (100’ each) are assumed as part of this scope. Preliminary Structure Report 13. Initial Utility Coordination, Determine Test Hole Locations (if needed) After the concept plan is approved, J-U-B will reach out to impacted utility companies to start conversation on possible conflicts. Testhole locations (if needed) will be identified. Initial Utility Plan with Test Holes Marked Plan Sheets (Includes necessary engineering design time) Task Items 14-25 included. After initial data collection has been completed and reviewed and concept design has been approved, J-U-B will begin advancing the preliminary design. As the design progresses, there may be variations to the following plan list. J-U-B will discuss any major changes with the Town of Estes Park before developing plan sheets. The plan sheets will be developed using AutoCAD Civil 3D 2024 and will be setup at a 22”x34” format and printed at half size 11”x17”. The following subtasks outline the anticipated sheets for this project. Preliminary Design Plans 14. General Sheets J-U-B will prepare the following preliminary plan sheets:  Cover  Standard Plans List  Legend and symbols  General Notes  Typical sections  Summary of Approximate Quantities  Quantity Tabulations (Some tabulations will be included, but not all for preliminary design)  Earthwork Tabulations  Survey Tabulations  Summary of Approximate Quantities  Horizontal Control Preliminary Plans 15. Geometric Sheets These sheets will reference our design to the HARN systems for horizontal location. An alignment for trail will be referenced. All horizontal geometry points will be identified on these plans. Preliminary Plans 16. Utility Sheets Develop plan sheets showing all existing utilities and proposed adjustments and/or relocations. Utility owner(s) will be identified on plans. Any potential conflicts will be identified on plans. If testholes are necessary, the location and number will be discuss with the town to determine how this information will be obtained. Preliminary Plans 17. Removal Sheets All removal, resets, adjustments, and relocation items will be shown on this plan. Any required phasing of removal items will be clarified. Removal notes will be added. Removal items will have hatching to ease in readability. Preliminary Plans 18. Plan & Profile Sheets Scope Task Scope of Services Deliverables The roadway plan and profile sheets will include a plan view and corresponding profile view (if applicable) that will include existing and proposed improvements. The plan views will callout all proposed design elements and references to other sheets will be included. It is anticipated that a 20 scale will be used. Matchlines and a key map will be utilized to clearly identify the horizontal location. Review sight distance at intersections along the corridor with respect to existing or proposed obstructions. Preliminary Plans 19. Grading Sheets J-U-B will prepare preliminary plan sheets to include surface grading and proposed contours. Elevations of the trail will be detailed on these sheets. Grades will be identified. A corridor model will be created in AutoCAD Civil 3D to produce a proposed surface. Detailed grading will not be shown at this point. Flow arrows will be included to indicate the general drainage pattern of the proposed grading. Preliminary Plans 20. Storm Drainage Sheets Any necessary storm pipes, culverts and/or drainage structures will be detailed in plan- view. Storm pipe profiles will be developed after preliminary design. J-U-B will evaluate the vertical depths of utilities to identify potential conflicts with proposed storm infrastructure. Preliminary Plans 21. Structure Sheets (2 Retaining Walls Assumed) Structure sheets for up to 2 retaining walls (up to 100’ each) are assumed with this submittal. Details at this level will be high level with more detail anticipated at the for submittal. A maximum number of two retaining structures (100’ each) are assumed as part of this scope. Preliminary Plans 22. SWMP Plans Proposed erosion Control Measures (CMs) will be included at strategic locations and will be called out on the plans. CMs on plans sheets will be developed for three phases of construction: initial condition, interim condition, and final stabilization. The following SWMP sheets are anticipated for this project:  Cover Sheet  General Notes (Including CM tabulation)  Before Grading Sheet (Initial)  During Grading Sheet (Interim)  Final Stabilization Sheet (Final) Preliminary Plans 23. Traffic Sheets (Signing & Striping, Signal, Construction Phasing) Signing and Striping Sheets will be added to the plans. These sheets will indicate the preliminary signing and striping expected for the project. Preliminary Plans 24. Details Detail sheets will include any pertinent construction details at the preliminary level. Additional details will be added during the final design phase. Preliminary Plans 25. Cross Sections Cross sections will be developed along the horizontal control line of the trail Cross sections will be displayed at 25’ intervals. Cross sections will display minimal labels at this stage of design. Preliminary Plans 26. QA/QC, Constructability Review Prior to the preliminary submittal J-U-B will perform a QA/QC process which includes sending drawings to other J-U-B staff members for review and comment. All comments will be reviewed with the design staff and incorporated into the plans if relevant. J-U-B Construction group will provide a constructability review. None 27. Preliminary Specifications (Outline of specs) Scope Task Scope of Services Deliverables Preliminary specifications will be provided with this submittal. It is anticipated that only the index of specifications will be provided at this stage. That will include the necessary project special provisions and standard special provisions. The specifications will follow the most current CDOT Standard Specifications for Road and Bridge Construction. Project Specifications (Outline Only) 28. Engineer's Opinion of Probable Construction Cost (OPCC) The OPCC will include expected bid items developed during the preliminary design. Quantities will be developed from the design sheets. Items not on the tabulation sheets will be documented in a computation book. Costs will be developed from various sources including past bid tabs. The OPCC will have a contingency added at this point. The contingency will be coordinated with the Town, prior to submittal. Standard CDOT pay items will be used as a basis for the cost opinion. OPCC 29. Submittal Package of Complete Documents and Plans for City Review/Comment This item includes preparing all design drawings, reports, and design information in preparation for submittal to the County. This will include reviewing sub-consultants deliverables (i.e. specifications, cost estimates, design drawings, etc.) to ensure a cohesive and accurate submittal. 30% Submittal TASK 4 – FINAL DESIGN (90% PLANS) Scope Task Scope of Services Deliverables 30. Final Drainage Design and Report Comments on the preliminary drainage report will be address. Further detail will be provided in final report. A final Drainage Plan and Report will be produced. The report will include hydrologic and hydraulic calculations for the proposed stormwater flow within the project right-of-way areas. Hydraulic information for storm networks will be included. Proposed storm sewer facilities will be illustrated on the drainage plans under task “Storm Drainage Sheets.” Final Drainage Report 31. Final Structure Report A final structure report will be completed that will include all retaining wall structural calculations. A maximum number of two retaining structures (100’ each) are assumed as part of this scope. Structural Report 32. Utility Coordination J-U-B will continue to coordinate with 3rd party utilities through preliminary design. This will include submitting updated design plans to utility companies, and meeting with utility companies to discuss impacts. At this stage, J-U-B will attempt to finalize schedule, timing and funding of any utility relocates, removals, adjustments, or resets. Utility coordination log will continue to be updated based on updates to utility coordination. Utility coordination log 33. ROW Documents JUB will provide easement limits needed for the project. King will provide legal descriptions for the easements Refer to King scope & fee for additional information. Legal Descriptions and Exhibits (Up to 6 assumed) 34. ROW Acquisition Western States will contact the property owners and negotiate the acquisition of property needed for the trail construction Refer to WS scope & fee for additional information. Recorded easements (Up to 6 assumed) Plan Sheets (Includes necessary engineering design time) Task Items 35-45 included. Scope Task Scope of Services Deliverables J-U-B will advance the preliminary drawings to a final design level (90%). This includes providing more detail on sheets, adding additional sheets, including more details and annotation. All design sheets include time to research, investigate, and apply engineering standards, guidelines, and judgement. Modifications to the initial design are anticipated. A maximum number of two major redesigns are assumed as part of this scope. 35. General Sheets J-U-B will advance the general sheets for the 90% submittal:  Cover  Standard Plans List  Legend and symbols  General Notes  Typical sections  Summary of Approximate Quantities  Quantity Tabulations  Earthwork Tabulations  Survey Tabulations  Summary of Approximate Quantities  Horizontal Control 36. Geometric Sheets These sheets will reference our design to the HARN systems for horizontal location. An alignment for the trail will be referenced. All horizontal geometry points will be identified on these plans. Adjustments will be made for final design. 37. Utility Sheets Utility plans will be updated to reflect preliminary design comments and will show the design of any utility relocates/resets/adjustments. Any associated design will be cross- referenced and/or included in the plan set. Utility owner(s) will be identified on plans. J- U-B will confirm the following with all affected utility companies: 1) conflicts and proposed resolution are acceptable; 2) who is financially responsible for the work required to resolve the conflict; 3) confirm which portion(s) of the work will be performed by the Utility Company versus the Town’s contractor; and 4) confirm the duration or expected completion date of the utility work and any advance notification requirements. 38. Removal Sheets Removal sheets will be advanced to a final design level. All removal, resets, adjustments, and relocation items will be shown on this plan. Any required phasing of removal items will be clarified. Removal notes will be added. Removal items will have hatching to ease in readability. J-U-B will make a site visit to ensure all removals/resets/adjustments are included. 90% Plans 39. Plan & Profile Sheets The roadway plan and profile sheets will be advanced to a 90% level. These sheets will include a plan view and corresponding profile view (if applicable) that will include existing and proposed improvements. Vertical design information such as utilities will be shown at this level. The plan views will callout all proposed design elements and references to other sheets will be included. It is anticipated that a 20 scale will be used. Matchlines and a key map will be utilized to clearly identify the horizontal location. 90% Plans 40. Grading Sheets J-U-B will advance the preliminary plan sheets to include more detailed surface grading and proposed contours. Elevations of proposed trail will be detailed on these sheets. Additional sheets may be added for any necessary detailed grading. 90% Plans Scope Task Scope of Services Deliverables J-U-B will evaluate the vertical depths proposed storm pipes (if applicable), and other constraints to determine the feasibility of the drainage infrastructure. 41. Storm Drainage Sheets Any necessary storm pipes, culverts and/or drainage structures will be detailed in plan- view. Storm pipe profiles will be included at this level. J-U-B will evaluate the vertical depths of utilities to identify potential conflicts with proposed storm infrastructure. 90% Plans 42. Structure Sheets J-U-B will advance the structure sheets for the retaining walls and provided final details as needed. A maximum number of two retaining structures (100’ each) are assumed as part of this scope. 90% Plans 43. SWMP Plans J-U-B will advance the stormwater management plans and incorporate all preliminary comments. Proposed structure CMs will be included at strategic locations and will be called out on the plans. CMs on plans sheets will be developed for three phases of construction: initial condition, interim condition, and final stabilization. Stormwater notes, quantities, and plans will be finalized at this stage. 90% Plans 44. Details Detail sheets will include all pertinent construction details for the final design level. Details will include Town of Frederick standard construction details as well as any project specific details. 90% Plans 45. Cross Sections Cross sections will be developed along the horizontal control lines of trail. Cross sections will be displayed at 25’ intervals. Cross sections will display stations/offsets/elevations at strategic points (crown of road, edge of pavement (EOP), cut/fill points, and R.O.W.). 90% Plans 46. QA/QC, Constructability Review Prior to the preliminary submittal J-U-B will perform a QA/QC process which includes sending drawings to other J-U-B staff members for review and comment. All comments will be reviewed with the design staff and incorporated into the plans if relevant. J-U-B Construction group will provide a constructability review. None 47. Final Specifications (Project Special Provisions and Standard Special Provisions) Final technical specifications will be provided with this submittal. This will include the necessary project special provisions and standard special provisions. The specifications will follow the most current CDOT Standard Specifications for Road and Bridge Construction. Project Specifications 48. CDOT Special Use Permit JUB will prepare a Special Use permit for submittal to CDOT. This includes the permit, plans and the environmental summary sheet CDOT Special Use Permit 49. Environmental Clearance - Wetland Delineation, ISA, MBTA and Soil Samples JUB will conduct field work and provide documentation on the wetlands that may be present near the trail site, Initial Site Assessment (ISA), Migratory Bird Treaty Act (MBTA) compliance, and provide Soil Samples for the SWMP which will be required by CDOT. Wetland Delineation Report, ISA Form, MBTA Form 50. Engineer's Opinion of Probable Construction Cost (OPCC) The OPCC will include expected bid items developed during the preliminary design. Quantities will be developed from the design sheets. Items not on the tabulation sheets will be documented in a computation book. Costs will be developed from various sources including past bid tabs. The OPCC will have a contingency added at this point. The contingency will be coordinated with the Town, prior to submittal. Standard CDOT pay items will be used as a basis for the cost opinion. OPCC 51. Public Outreach – Open House Scope Task Scope of Services Deliverables JUB will support the Town in preparing for an Open House Exhibits and Mailers 52. Submittal Package of Complete Documents and Plans for City Review/Comment This item includes preparing all design drawings, reports, and design information in preparation for submittal to the CDOT and to the Town. This will include reviewing sub- consultants’ deliverables (i.e. specifications, cost estimates, design drawings, etc.) to ensure a cohesive and accurate submittal. 90% Submittal TASK 5 – FINAL CONSTRUCTION PLANS & BID ADMINISTRATIVE ASSISTANCE Scope Task Scope of Services Deliverables 53. Final Construction Plan Sheets After the 90% design has been complete and reviewed by the CDOT and the Town, J-U-B will begin advancing the design for Construction. Comments received from the final design phase will be incorporated into the construction documents. Final Plans 54. Final Specifications for Construction (Project Special Provisions and Standard Special Provisions) J-U-B will revise the project special and standard special provisions to incorporate into the advertisement package. Final Technical Specifications 55. Engineer's Opinion of Probable Construction Cost (OPCC) J-U-B will advance the OPCC to a bid-ready estimate. Quantities will be updated/verified. The quantities will be input into the Opinion of Probable Construction Cost with associated unit costs. Final Drainage OPCC 56. Submittal Package of Complete Documents and Plans for Town and CDOT Review This item includes preparing all design drawings, reports, and design information in preparation for submittal to the County. This will include reviewing sub- consultants deliverables (i.e. quantities, cost estimates, design drawings, etc.) to ensure a cohesive and accurate submittal. Complete PS&E package with supporting reports & memos 57. Bid Administration Assistance to Town J-U-B’s Project Manager will attend the pre-bid meeting. J-U-B will coordinate with the Town on any revisions throughout the advertisement period. Plans & Specifications will be updated accordingly. J-U-B will assist the Town in answering any questions throughout the advertisement period. J-U-B will post addendums to contractors. Design Files and/or updated plans & specifications ASSUMPTIONS The above Scope of Services is based on the following assumptions:  J-U-B to use CDOT standard specifications and CDOT formatting for project plans.  Electronic CAD files will be supplied to the Town in AutoCAD Civil 3D format.  No utility testholes are included.  No 404 Corp Permit is included. PART 2 – SCHEDULE OF SERVICES A. The following table summarizes the anticipated schedule for the identified Basic Services predicated upon timely receipt of CLIENT-provided information, typical review periods, and active direction during work. CLIENT acknowledges that J-U-B will not be responsible for impacts to the schedule by events or actions of others over which J-U-B has no control. If ROW or additional unforeseen environmental clearances are needed then this schedule will need updated based on those requirements  Town Signed Contract - January 31st, 2025  Kick-Off Meeting - February 3rd, 2025  Survey - February 25th  Conceptual Design - March 18th  Town Concept Review - March 27th  Geotechnical Field Work (EEC) - May 1st  Preliminary (30%) Design - March 28th – May 22nd  Town Review - May 22nd – June 5th  ROW Acquisition - June 6th - Sept 25th  Final (90%) Design - Sept 26th – Nov 6th  Town Review - Nov 7th – Nov 20th  Submit for CDOT Special Use Permit - Nov 21st – Jan 1st, 2026  Prepare Construction Documents - Jan 2nd – Jan 15th  Final Plan Review - Jan 16th – Jan 22nd  Bid PS&E - Jan 22nd  First Phase of Construction - Spring 2026 PART 4 – BASIS OF FEE A. The hours and fees for each task are presented on the attached spreadsheet. B. Rates and Period of Service: Rates will be in accordance with the on-call contract. If the period of service for the task identified above is extended beyond 12 months, the compensation amount for J-U-B’s services may be appropriately adjusted to account for inflation and salary adjustments. Project Number: TBD $240 $237 $216 $211 $163 $141 $93 1 General Project Management & Administration 10 2 4 4 4,048$ 4,048$ 2 Kickoff Meeting 1 1 451$ 451$ 3 Periodic Progress Meetings (Biweekly) 10 2 4 3,718$ 3,718$ 4 Concept, 30%, 90%, 2-TAB Meetings 5 4 2,044$ 2,044$ 5 Monthly Reports and Invoicing (12 Assumed) 6 6 1,998$ 1,998$ Sub-Totals 32 2 2 13 0 0 10 12,259$ -$ 12,259$ 6 Review and Research Existing Studies, Reports, etc.3 3 1,353$ 1,353$ 7 Topographic Survey (Includes Project Management, Aerial, and locating Geotech Bore Locations) 1 2 6 1,508$ 27,212$ 28,720$ 8 Property/Road Right-of-Way/Base Map 1 1 2 733$ 16,475$ 17,208$ 9 Geotechnical Investigation and Reporting 1 2 662$ 9,000$ 9,662$ Sub-Totals 6 0 0 8 0 8 0 4,256$ 52,687$ 56,943$ 10 Concept Design (horizotontal only)4 12 24 7,404$ 7,404$ 11 Preliminary Drainage Design and Report 1 8 16 4,536$ 4,536$ 12 Preliminary Structural Report 4 12 18 6,426$ 6,426$ 13 Initial Utility Coordination, Determine Test Hole Locations (if needed)6 6 4 3,358$ 3,358$ Plan Sheets (Includes necessary engineering design time) 14 General Sheets 1 4 6 6 2,908$ 2,908$ 15 Geometric Sheets 4 6 10 3,232$ 3,232$ 16 Utility Sheets 1 4 8 8 3,516$ 3,516$ 17 Removal Sheets 4 4 8 2,624$ 2,624$ 18 Plan & Profile Sheets 1 8 8 16 5,488$ 5,488$ 19 Grading Sheets 1 6 4 12 3,850$ 3,850$ 20 Storm Drainage Sheets 1 8 8 8 4,360$ 4,360$ 21 Structure Sheets (2 Retaining Walls Assumed)1 12 20 20 8,852$ 8,852$ 22 SWMP Sheets 1 2 8 4 12 4,704$ 4,704$ 23 Details 4 4 4 2,060$ 2,060$ 24 Cross Sections 4 4 12 3,188$ 3,188$ 25 QA/QC 8 2 2 2,826$ 2,826$ 26 Preliminary Specifications (Outline of specs)2 1 2 1,139$ 1,139$ 27 Engineer's Opinion of Probable Construction Cost (OPCC)2 1 8 8 3,709$ 3,709$ 28 Public Outreach - Open House 2 4 4 1,976$ 1,976$ 29 Submittal Package of Complete Documents and Plans for City Review/Comment 2 4 1,324$ 1,324$ Sub-Totals 38 4 4 122 150 116 0 77,480$ -$ 77,480$ 30 Final Drainage Report 2 8 20 5,428$ 5,428$ 31 Final Structure Report 2 8 24 6,080$ 6,080$ 32 Utility Coordination 8 12 4,452$ 4,452$ 33 ROW Documents (6 Legals Assumed)4 960$ 3,750$ 4,710$ 34 ROW Acquisition (6 Properties Assumed)4 960$ 31,675$ 32,635$ Plan Sheets (Includes necessary engineering design time) 35 General Sheets 1 2 2 4 1,552$ 1,552$ 36 Geometric Sheets 2 2 4 1,312$ 1,312$ 37 Utility Sheets 2 4 8 2,202$ 2,202$ 38 Removal Sheets 2 2 4 1,312$ 1,312$ 39 Plan & Profile Sheets 1 4 4 8 2,864$ 2,864$ 40 Grading Sheets 1 2 4 8 2,442$ 2,442$ 41 Storm Drainage Sheets 1 2 6 6 2,486$ 2,486$ 42 Structure Sheets (2 Retaining Walls Assumed)1 8 16 16 6,792$ 6,792$ 43 SWMP Sheets 1 2 2 4 8 2,874$ 2,874$ 44 Details 1 2 2 819$ 819$ 45 Cross Sections 1 4 8 1,991$ 1,991$ 46 QA/QC 8 2 2 2,826$ 2,826$ 47 Final Specifications (Project Special Provisions and Standard Special Provisions)2 8 2 2,798$ 2,798$ 48 CDOT Special Use Permit 4 8 8 8 5,680$ 5,680$ 49 Environmental Clearance - Wetland Delineation, ISA, MBTA and Soil Samples 10 2,160$ 2,160$ 50 Engineer's Opinion of Probable Construction Cost (OPCC)2 1 4 4 2,213$ 2,213$ 51 Public Outreach - Open House 2 4 4 1,976$ 1,976$ 52 Submittal Package of Complete Documents and Plans to the City for Review/Comment 2 2 902$ 902$ Sub-Totals 46 11 22 76 110 76 0 63,081$ 35,425$ 98,506$ Town of Estes Park Trail Design for US 34 US 34 TASK 4 - Final Design (90% Plans) Total Project Designer Lead ($/HR) Project Manager ($/HR) Prepared By: J-U-B Engineers January 6, 2025 Task Total Project Engineering Fee TASK 3 - Preliminary Design (30% Plans) Subconsult. King Western States EEC Project Financial Accountant ($/HR) TASK 2 - Data Collection & Conceptual Design Construction Manager Discipline Lead ($/HR) Project Designer ($/HR) TASK 1 - Project Management Activity Number Task Description J-U-B Fee Project Engineer Lead ($/HR) Environmental Specialist ($/HR) Project Number: TBD $240 $237 $216 $211 $163 $141 $93 Town of Estes Park Trail Design for US 34 US 34 Total Project Designer Lead ($/HR) Project Manager ($/HR) Prepared By: J-U-B Engineers January 6, 2025 Task Total Project Engineering Fee Subconsult. King Western States EEC Project Financial Accountant ($/HR) Construction Manager Discipline Lead ($/HR) Project Designer ($/HR) TASK 1 - Project Management Activity Number Task Description J-U-B Fee Project Engineer Lead ($/HR) Environmental Specialist ($/HR) 53 Final Construction Plan Sheets 4 8 24 32 11,072$ 11,072$ 54 Final Specifications for Construction (Project Special Provisions and Standard Special Provisions)2 2 954$ 954$ 55 Engineer's Opinion of Probable Construction Cost (OPCC)2 2 902$ 902$ 56 Submittal Package of Complete Documents and Plans for Town and CDOT Review 2 2 2 1,228$ 1,228$ 57 Bid Administration Assistance to Town 4 8 2 2,974$ 2,974$ Sub-Totals 14 2 0 20 28 32 0 17,130$ -$ 17,130$ 136 19 28 239 288 232 10 174,206$ 88,112$ 262,318$ Design Total TASK 5 - Final Construction Plans and Bid Administrative Assistance Project Number: TBD $240 $237 $216 $211 $163 $141 $93 1 General Project Management & Administration 10 2 2 4 4 4,522$ 4,522$ 2 Kickoff Meeting 1 1 451$ 451$ 3 Periodic Progress Meetings (Biweekly) 10 4 3,244$ 3,244$ 4 Concept, 30%, 90%, 2-TAB Meetings 5 4 2,044$ 2,044$ 5 Monthly Reports and Invoicing (12 Assumed) 6 6 1,998$ 1,998$ Sub-Totals 32 2 2 13 0 0 10 12,259$ -$ 12,259$ 6 Review and Research Existing Studies, Reports, etc.4 4 1,804$ 1,804$ 7 Topographic Survey (Includes Project Management, Aerial and locating Geotech Bore Locations) 1 2 8 1,790$ 29,356$ 31,146$ 8 Property/Road Right-of-Way/Base Map 1 1 4 1,015$ 18,475$ 19,490$ 9 Geotechnical Investigation and Reporting 1 2 662$ 10,800$ 11,462$ Sub-Totals 7 0 0 9 0 12 0 5,271$ 58,631$ 63,902$ 10 Concept Design (horizotontal only)4 16 24 8,248$ 8,248$ 11 Preliminary Drainage Design 1 12 24 6,684$ 6,684$ 12 Preliminary Structural Report 4 16 24 8,248$ 8,248$ 13 Initial Utility Coordination, Determine Test Hole Locations 8 8 4 4,260$ 4,260$ Plan Sheets (Includes necessary engineering design time) 14 General Sheets 1 4 8 8 3,516$ 3,516$ 15 Geometric Sheets 4 8 12 3,840$ 3,840$ 16 Utility Sheets 1 4 12 8 4,168$ 4,168$ 17 Removal Sheets 4 6 8 2,950$ 2,950$ 18 Plan & Profile Sheets 1 8 12 16 6,140$ 6,140$ 19 Grading Sheets 1 8 8 16 5,488$ 5,488$ 20 Storm Drainage Sheets 1 8 8 12 4,924$ 4,924$ 21 Structure Sheets (2 Retaining Walls Assumed)1 12 20 20 8,852$ 8,852$ 22 SWMP Sheets 1 2 8 8 16 5,920$ 5,920$ 23 Details 4 4 4 2,060$ 2,060$ 24 Cross Sections 4 4 16 3,752$ 3,752$ 25 QA/QC 8 2 2 2,826$ 2,826$ 26 Preliminary Specifications (Outline of specs)2 2 902$ 902$ 27 Engineer's Opinion of Probable Construction Cost (OPCC)2 1 8 8 3,709$ 3,709$ 28 Public Outreach - Open House 2 1 4 4 2,213$ 2,213$ 29 Submittal Package of Complete Documents and Plans for City Review/Comment 2 4 1,324$ 1,324$ Sub-Totals 40 4 4 138 186 136 0 90,024$ -$ 90,024$ 30 Final Drainage Report 2 8 20 5,428$ 5,428$ 31 Final Structure Report 2 8 24 6,080$ 6,080$ 32 Utility Coordination 8 12 4,452$ 4,452$ 33 ROW Documents (6 Legals Assumed)4 960$ 3,750$ 4,710$ 34 ROW Acquisition (6 Properties Assumed)4 960$ 31,675$ 32,635$ Plan Sheets (Includes necessary engineering design time) 35 General Sheets 1 2 2 4 1,552$ 1,552$ 36 Geometric Sheets 2 2 4 1,312$ 1,312$ 37 Utility Sheets 2 4 8 2,202$ 2,202$ 38 Removal Sheets 2 2 4 1,312$ 1,312$ 39 Plan & Profile Sheets 1 4 4 8 2,864$ 2,864$ 40 Grading Sheets 1 2 4 8 2,442$ 2,442$ 41 Storm Drainage Sheets 1 2 8 8 3,094$ 3,094$ 42 Structure Sheets (2 Retaining Walls Assumed)1 2 8 8 3,094$ 3,094$ 43 SWMP Sheets 1 2 8 16 16 7,224$ 7,224$ 44 Details 1 2 2 819$ 819$ 45 Cross Sections 1 4 8 1,991$ 1,991$ 46 QA/QC 8 2 2 2,826$ 2,826$ 47 Final Specifications (Project Special Provisions and Standard Special Provisions)2 8 2 2,798$ 2,798$ 48 CDOT Special Use Permit 4 8 8 8 5,680$ 5,680$ 49 Environmental Clearance - Wetland Delineation, ISA, MBTA and Soil Samples 10 2,160$ 2,160$ 50 Engineer's Opinion of Probable Construction Cost (OPCC)2 1 8 8 3,709$ 3,709$ 51 Public Outreach - Open House 2 1 4 4 2,213$ 2,213$ 52 Submittal Package of Complete Documents and Plans to the City for Review/Comment 2 2 902$ 902$ Sub-Totals 46 12 22 80 120 78 0 66,074$ 35,425$ 101,499$ Environmental Specialist ($/HR) Project Manager ($/HR) Project Engineer Lead ($/HR) Town of Estes Park Trail Design for CO-7 Prepared By: J-U-B Engineers January 6, 2025 HWY 7 Project Engineering Fee Total TASK 1 - Project Management TASK 2 - Data Collection & Conceptual Design TASK 3 - Preliminary Design (30% Plans) Project Designer Lead ($/HR) Project Designer ($/HR) Project Financial Accountant ($/HR) J-U-B Fee Subconsult. King Western States EEC Task TotalActivity Number Task Description TASK 4 - Final Design (90% Plans) Construction Manager Discipline Lead ($/HR) Project Number: TBD $240 $237 $216 $211 $163 $141 $93 Environmental Specialist ($/HR) Project Manager ($/HR) Project Engineer Lead ($/HR) Town of Estes Park Trail Design for CO-7 Prepared By: J-U-B Engineers January 6, 2025 HWY 7 Project Engineering Fee Total TASK 1 - Project Management Project Designer Lead ($/HR) Project Designer ($/HR) Project Financial Accountant ($/HR) J-U-B Fee Subconsult. King Western States EEC Task TotalActivity Number Task Description Construction Manager Discipline Lead ($/HR) 53 Final Construction Plan Sheets 4 8 32 40 13,504$ 13,504$ 54 Final Specifications for Construction (Project Special Provisions and Standard Special Provisions)2 2 954$ 954$ 55 Engineer's Opinion of Probable Construction Cost (OPCC)2 2 902$ 902$ 56 Submittal Package of Complete Documents and Plans for Town and CDOT Review 2 2 2 1,228$ 1,228$ 57 Bid Administration Assistance to Town 4 8 2 2,974$ 2,974$ Sub-Totals 14 2 0 20 36 40 0 19,562$ -$ 19,562$ 139 20 28 260 342 266 10 193,190$ 94,056$ 287,246$ Design Total TASK 5 - Final Construction Plans and Bid Administrative Assistance 4396 Greenfield Drive Windsor, C olorado 80550 (970) 545-3908 FAX (970) 663-0282 www.earth-engineering.com November 13, 2024 J-U-B Engineers, Inc. 4745 Boardwalk Drive, Building D, Suite 200 Fort Collins, Colorado 80525 Attn: Mr. Shawn Fetzer (sfetzer@jub.com) Re: Geotechnical Engineering Subsurface Exploration Proposal Town of Estes Park – Multi-Use Trail System Along US Route 34 Town of Estes Park, Colorado Mr. Fetzer: We are pleased to submit this proposal to provide subsurface exploration and geotechnical engineering services for the referenced project as per the Request for Proposal (RFP) prepared by the Town of Estes Park for the Multi-Use Trail system along US Route 34 and provided to us from J-U-B Engineers on October 29, 2024. Earth Engineering Consultants, LLC (EEC) appreciates the opportunity of joining the J-U-B Engineers, Inc. design team as the geotechnical engineering consulting firm. The project, as we understand, will consist of the trail design and construction for an approximate length of 1.3 miles starting near the visiting center and continuing easterly toward Dry Gulch Road. This subsurface exploration will be completed in general accordance with the Town of Estes Park as well as the Colorado Department of Transportation (CDOT) design protocol. We provide herein a brief introduction of Earth Engineering Consultants, LLC (EEC) to J-U-B Engineers, The Town of Estes Park, CDOT personnel, and to the project design team members. EEC is a full-service geotechnical engineering consulting firm and an accredited construction material testing company by AASHTO in bituminous mixtures, soils, and aggregates. EEC is accredited and complies with laboratories meeting ASTM E329 “Standard Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction” criteria. R18 accreditation documentation is available upon request for your review or can be viewed by visiting their website at http://www.amrl.net for current accreditation status. To develop subsurface information for the proposed multi-use trail system along the south side of US Highway 34, EEC personnel anticipates advancing a minimum of ten (10) test borings, approximately one boring per every 750 linear feet along the proposed trail alignment and outside of the traveling public lane; therefore we are not assuming traffic control will be required. These trail related soils borings will be drilled to approximate depths of 10 feet below existing sites throughout the trail alignment. Earth Engineering Consultants, LLC Town of Estes Park Multi-Use Trail – along US Highway 34 November 13, 2024 Page 2 We expect samples would be obtained from the borings at approximate 2-1/2 to 5-foot intervals to evaluate composition and consistency of the subgrade and underlying materials. We expect laboratory testing on the recovered samples would include moisture content, in-situ dry density, soil classification tests, with Atterberg limits, and minus 200 wash, swell/consolidation tests and water- soluble sulfates performed on select samples. The field and laboratory testing services as described herein is in general accordance with typical Town of Estes Park and CDOT guidelines. After completing the fieldwork and laboratory testing, we would prepare a written report outlining the results of our exploration and provide geotechnical recommendations concerning the design and construction for the proposed multi-use trail, including any special precautions which may be required due to the underlying subsurface conditions. Prior to performing field borings on this project, EEC personnel would contact the local one-call utility locating service to request that underground utilities be field located in the drilling areas. If entities not subscribing to the one-call service are known or suspected of having underground utilities in the improvement areas, those entities should be made known to EEC so that contact can be made concerning the location of the underground facilities. EEC would provide the outlined services, (i.e., the subsurface drilling, sampling, laboratory testing, existing pavement evaluation, and engineering analyses for borings as described herein), for a lump sum fee of $9,000. As previously mentioned, we are not assuming traffic control will be required. However, after pre-staking the borings and determining that traffic control is necessary, an additional $1,000 would be assessed. Traffic control will be arranged by EEC, if required. The fee assumes the site is accessible to conventional truck-mounted drilling equipment and is based on the specific scope of services outlined above. Should additional services be advisable because of the subsurface conditions encountered, you would be contacted, and authorization obtained prior to expanding the scope of our work. It is anticipated that the field work for this project could commence within 2 to 3weeks after receiving authorization to proceed depending upon the permitting process with the Town of Estes Park and/or any CDOT R.O.W. approval, with 1 day of drilling required for completion depending upon site access. Approximately 15 to 20 working days would be required for the completion of laboratory testing, engineering analyses and development of the final report and recommendations. Verbal communications, including preliminary findings and recommendations, can generally be issued approximately 3 to 5 working days after completion of the field work and prior to issuing the final report. 4396 Greenfield Drive Windsor, C olorado 80550 (970) 545-3908 FAX (970) 663-0282 www.earth-engineering.com November 13, 2024 J-U-B Engineers, Inc. 4745 Boardwalk Drive, Building D, Suite 200 Fort Collins, Colorado 80525 Attn: Mr. Shawn Fetzer (sfetzer@jub.com) Re: Geotechnical Engineering Subsurface Exploration Proposal Town of Estes Park – Multi-Use Trail System Along State Highway 7 Town of Estes Park, Colorado Mr. Fetzer: We are pleased to submit this proposal to provide subsurface exploration and geotechnical engineering services for the referenced project as per the Request for Proposal (RFP) prepared by the Town of Estes Park for the Multi-Use Trail system along State Highway 7 and provided to us from J- U-B Engineers on October 29, 2024. Earth Engineering Consultants, LLC (EEC) appreciates the opportunity of joining the J-U-B Engineers, Inc. design team as the geotechnical engineering consulting firm. The project, as we understand, will consist of the trail design and construction for an approximate length of 1.7 miles starting near Graves Avenue and continuing south to Carriage Drive. This subsurface exploration will be completed in general accordance with the Town of Estes Park as well as the Colorado Department of Transportation (CDOT) design protocol. We provide herein a brief introduction of Earth Engineering Consultants, LLC (EEC) to J-U-B Engineers, The Town of Estes Park, CDOT personnel, and to the project design team members. EEC is a full-service geotechnical engineering consulting firm and an accredited construction material testing company by AASHTO in bituminous mixtures, soils, and aggregates. EEC is accredited and complies with laboratories meeting ASTM E329 “Standard Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction” criteria. R18 accreditation documentation is available upon request for your review or can be viewed by visiting their website at http://www.amrl.net for current accreditation status. To develop subsurface information for the proposed multi-use trail system along the east side of State Highway 7, EEC personnel anticipates advancing a minimum of twelve (12) test borings, approximately one boring per every 750 linear feet along the proposed trail alignment and outside of the traveling public lane; therefore we are not assuming traffic control will be required. These trail related soils borings will be drilled to approximate depths of 10 feet below existing sites throughout the trail alignment. Earth Engineering Consultants, LLC Town of Estes Park Multi-Use Trail – along State Highway 7 November 13, 2024 Page 2 We expect samples would be obtained from the borings at approximate 2-1/2 to 5-foot intervals to evaluate composition and consistency of the subgrade and underlying materials. We expect laboratory testing on the recovered samples would include moisture content, in-situ dry density, soil classification tests, with Atterberg limits, and minus 200 wash, swell/consolidation tests and water- soluble sulfates performed on select samples. The field and laboratory testing services as described herein is in general accordance with typical Town of Estes Park and CDOT guidelines. After completing the fieldwork and laboratory testing, we would prepare a written report outlining the results of our exploration and provide geotechnical recommendations concerning the design and construction for the proposed multi-use trail, including any special precautions which may be required due to the underlying subsurface conditions. Prior to performing field borings on this project, EEC personnel would contact the local one-call utility locating service to request that underground utilities be field located in the drilling areas. If entities not subscribing to the one-call service are known or suspected of having underground utilities in the improvement areas, those entities should be made known to EEC so that contact can be made concerning the location of the underground facilities. EEC would provide the outlined services, (i.e., the subsurface drilling, sampling, laboratory testing, existing pavement evaluation, and engineering analyses for borings as described herein), for a lump sum fee of $10,800. As previously mentioned, we are not assuming traffic control will be required. However, after pre-staking the borings and determining that traffic control is necessary, an additional $1,000 would be assessed. Traffic control will be arranged by EEC, if required. The fee assumes the site is accessible to conventional truck-mounted drilling equipment and is based on the specific scope of services outlined above. Should additional services be advisable because of the subsurface conditions encountered, you would be contacted, and authorization obtained prior to expanding the scope of our work. It is anticipated that the field work for this project could commence within 2 to 3weeks after receiving authorization to proceed depending upon the permitting process with the Town of Estes Park and/or any CDOT R.O.W. approval, with 1 day of drilling required for completion depending upon site access. Approximately 15 to 20 working days would be required for the completion of laboratory testing, engineering analyses and development of the final report and recommendations. Verbal communications, including preliminary findings and recommendations, can generally be issued approximately 3 to 5 working days after completion of the field work and prior to issuing the final report. January 2024 Earth Engineering Consultants, LLC 2024 FEE SCHEDULE FOR SUBSURFACE EXPLORATION AND ENGINEERING EVALUATION PROFESSIONAL AND TECHNICAL PERSONNEL - HOURLY RATES Engineer (P.E.) ……………………………………..................................$130.00/hr Principal Engineer (P.E.) ....................................................................................................... $250.00/h Senior Project Engineer (P.E.) ................................................................................................. 185.00/h Project Engineer or Project Geologist ...................................................................................... 145.00/h Field Engineer .......................................................................................................................... 125.00/h Structural Steel Inspector ......................................................................................................... 110.00/h Level III Engineering Technician ............................................................................................... 95.00/h Level II Engineering Technician ................................................................................................ 80.00/h Level I Engineering Technician ................................................................................................. 65.00/h Mileage ..................................................................................... (Current Federal Reimbursement Rate) LABORATORY TESTING The outlined test items represent commonly requested laboratory test procedures for exploration and engineering services. Testing for a much greater range of procedures can be completed by EEC laboratories and fees for additional items can be provided on request. Unconfined Compressive Strength ................................................................................... $80.00/ea Dry Density ......................................................................................................................... 20.00/ea Moisture Content/Visual Classification .............................................................................. 20.00/ea Atterberg Limits .................................................................................................................. 80.00/ea Hydrometer Analysis with Gradation ............................................................................... 385.00/ea Swell/Consolidation ............................................................................................................ 80.00/ea Gradation Analysis - Not Washed* Greater than 3" maximum size ................................................................. quoted per material 3" to 1" maximum size ............................................................................................. 135.00/ea Less than 1" maximum size ........................................................................................ 85.00/ea *Add $50.00 per sample for -200 wash Standard Proctor ............................................................................................................... 120.00/ea Modified Proctor ............................................................................................................... 160.00/ea Hveem R-Value ................................................................................................................ 475.00/ea Permeability - Constant Head ........................................................................................... 385.00/ea Permeability - Falling Head .............................................................................................. 220.00/ea Subcontracted Laboratory Testing ................................................................................ Cost + 15% SUBSURFACE EXPLORATION/FIELD SERVICES Subcontracted Drilling Services ................................................................................... Cost + 15% Field Engineer .................................................................................................................. $125.00/h Materials ....................................................................................................................... Cost + 15% Field Resistivity ................................................................................................................. 125.00/h EARTH ENGINEERING CONSULTANTS, LLC GENERAL CONDITIONS FOR SUBSURFACE EXPLORATION SERVICES Section 1: Scope of Work EARTH ENGINEERING CONSULTANTS, LLC (EARTH ENGINEERING) shall perform the services defined in the contract and shall invoice the client for those services at the fee schedule rates. Any cost estimates stated in this contract shall not be considered as a firm figure unless otherwise specifically stated in this contract. If unexpected site conditions are discovered, the scope of work may change, even as the work is in progress. EARTH ENGINEERING will provide these additional services at the contract fee schedule rate. Rates for work beyond the scope of this contract and not covered by the contract fee schedule can be provided. EARTH ENGINEERING can perform additional work with verbal authorization, and will provide written confirmation of fees, if requested. All costs incurred because of delays in authorizing the addition work will be billed to the client. Fee schedules are valid for one year following the date of the contract unless otherwise noted. SECTION 2: Access to Sites Unless otherwise agreed, the client will furnish EARTH ENGINEERING with right-of-access to the site in order to conduct the planned exploration. While EARTH ENGINEERING will take all reasonable precautions to minimize any damage to the property, it is understood by the client that in the normal course of work some damage may occur, the restoration of which is not part of this agreement. SECTION 3: Soil Boring Locations The client will furnish EARTH ENGINEERING with a diagram indicating the location of the site. Test boring locations may also be indicated on the diagram. EARTH ENGINEERING reserves the right to deviate a reasonable distance from the boring locations specified unless this right is specifically revoked by the client in writing at the time the location diagram is supplied. EARTH ENGINEERING reserves the right to terminate this contract, if conditions preventing drilling at the specified locations are encountered, which were not made known to EARTH ENGINEERING prior to the date of this contract. The accuracy and proximity of provided survey control will affect the accuracy of in-situ test location and elevation determinations. Unless otherwise noted, the accuracy of test locations and elevations will be commensurate only with pacing and approximate measurements or estimates. SECTION 4: Utilities In the performance of its work, EARTH ENGINEERING will take all reasonable precautions to avoid damage or injury to subterranean structures or utilities. The client agrees to hold EARTH ENGINEEIRNG harmless and indemnify EARTH ENGINEERING for any claims, payments or other liability, including costs and attorney fees incurred by EARTH ENGINEERING for any damages to subterranean structures which are not called to EARTH ENGINEERING'S attention and correctly shown on the plans furnished to EARTH ENGINEERING. SECTION 5: Samples EARTH ENGINEERING will retain all soil and rock samples for 30 days after submission of the report. Further storage or transfer of samples can be made at owner expense upon written request. SECTION 6: Unanticipated Hazardous Materials It shall be the duty of the owner or his representative to advise EARTH ENGINEERING of any known or suspected hazardous substances which are or may be related to the services provided; such hazardous substances including but not limited to products, materials, by-products, wastes or samples of the foregoing which EARTH ENGINEERING may be provided or obtain performing its services or which hazardous substances exist or may exist on or near any premises upon which work is to be performed by EARTH ENGINEERING’S employees, agents or subcontractors. If during the course of providing services EARTH ENGINEERING observes or suspects the existence of unanticipated hazardous materials, EARTH ENGINEERING may at its option terminate further work on the project and notify the client of the condition. Services will be resumed only after a renegotiation of scope of services and fees. In the event that such renegotiation cannot occur to the satisfaction of EARTH ENGINEERING, EARTH ENGINEERING may at its option terminate this contract. SECTION 7: Reports and Invoices EARTH ENGINEERING will furnish electronically transmitted pdf copies of the report(s) to the client and any other designated recipients (s). Hard copies can be furnished upon request. EARTH ENGINEERING will submit invoices to the client monthly and a final bill up completion of services. Payment is due upon presentation of invoice and is past due thirty (30) days from the invoice date. Client agrees to pay a finance charge of one and three-quarters (1¾%) per month, but not exceeding the maximum rate allowed by law on past due accounts. SECTION 8: Ownership of documents All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by EARTH ENGINEERING as instruments of service, shall remain the property of EARTH ENGINEERING, unless there are other contractual agreements. EARTH ENGINEERING CONSULTANTS, LLC GENERAL CONDITIONS SUBSURFACE EXPLORATION PAGE 2 January 2023 SECTION 9: Confidentiality EARTH ENGINEERING shall hold confidential all business or technical information obtained from the client or his affiliates or generated in the performance of services under this agreement and identified in writing by the client as "confidential." EARTH ENGINEERING shall not disclose such information without the client's consent except to the extent required for 1) Performance of services under this agreement; 2) Compliance with professional standards of conduct for preservation of public safety, health, and welfare; 3) Compliance with any court order or other governmental directive and/or 4) Protection of EARTH ENGINEERING against claims or liabilities arising from performance of services under this agreement. EARTH ENGINEEIRNG'S obligations hereunder shall not apply to information in the public domain or lawfully acquired on a non-confidential basis from others. SECTION 10: Standard of Care Services performed by EARTH ENGINEERING under this agreement will be conducted in the manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, express or implied, is made or intended by the proposal for consulting services or by furnishing oral or written reports of the findings made. The client recognizes that subsurface conditions may vary from those encountered at the location where borings, surveys or explorations are made by EARTH ENGINEERING and that the data, interpretations and recommendations of EARTH ENGINEERING are based solely upon the data available to EARTH ENGINEERING. EARTH ENGINEERING will be responsible for those data, interpretations, and recommendations, but shall not be responsible for the interpretation by others of the information developed. SECTION 11: Subpoenas The client is responsible, after notification, for payment of time charges and expenses resulting from our required response to subpoenas issued by any party in conjunction with our work. Charges are based on fee schedules in effect at the time the subpoena is served. SECTION 12: Limitation of Liability The client agrees to limit EARTH ENGINEERING'S liability to the owner and all construction contractors and subcontractors on the project arising from EARTH ENGINEERING'S professional acts, errors, or omissions, such that the total aggregate liability of EARTH ENGINEERING to all those named shall not exceed $50,000 or EARTH ENGINEERING'S total fee for the services rendered on this project, whichever is greater. The owner further agrees to require of the contractor and his subcontractors an identical limitation of EARTH ENGINEEIRNG'S liability for damages suffered by the contractor or the subcontractor arising from EARTH ENGINEERING's professional acts, errors, or omissions. Neither the contractor nor any of his subcontractors assumes any liability for damages to others which may arise on account of EARTH ENGINEERING'S professional acts, errors or omissions. SECTION 13: Insurance and Indemnity EARTH ENGINEERING represents that it and its staff are protected by worker’s compensation insurance and that EARTH ENGINEERING has such coverage under public liability and property damage insurance policies which EARTH ENGINEERING deems to be adequate. It is the policy of EARTH ENGINEERING to require certificates of insurance from all consultants or subcontractors employed by EARTH ENGINEERING. Certificates for all such policies of insurance will be provided to client upon request in writing. Within the limits and conditions of such insurance, EARTH ENGINEERING agrees to indemnify and save client harmless from and against any loss, damage, injury or liability arising from negligent acts of EARTH ENGINEERING or its employees. EARTH ENGINEERING shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. EARTH ENGINEERING shall not be responsible for any loss, damage or liability arising from any acts by the client, its agents, staff or other consultants employed by others. Indemnification for Residential Project Risk The Client acknowledges the risks to the Consultant inherent in residential projects and the disparity between the Consultant’s fee and the Consultant’s potential liability for problems or alleged problems with such residential projects. Therefore, the Client agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the Consultant, its officers, directors, employees and subconsultants (collectively, “Consultant”) against all damages, liabilities or costs, including reasonable attorneys’ fees, experts fees and other costs of defense, arising out of or in any way related to the services performed under this Agreement, except for those caused by the Consultant’s sole negligence or willful misconduct. . SECTION 14: Termination This agreement may be terminated by either party upon seven (7) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, EARTH ENGINEERING shall be paid for services performed to the termination notice date plus reasonable termination expenses. Expenses of termination or suspension shall include all direct costs of EARTH ENGINEERING required to complete analyses and records necessary to complete its files and may also include a report on the services performed to the date of notice of termination or suspension. SECTION 15: Assigns Neither the client nor EARTH ENGINEERING may delegate, assign, sub write or transfer its duties or interest in this agreement without the written consent of the other party. SECTION 16: Precedence These Standards, Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding EARTH ENGINEERING’S services. Kit Clunis, PE: 720.758.7735 | kit.clunis@otak.com NOVEMBER 21, 2024 Design and Engineering Services Multi-Use Trails along U.S. Route 34 & CO State Highway 7 Table of Contents A. Cover Letter ..................................................................03 B and C. Project Approach & Understanding .....04 D. Firm Qualifications ......................................................13 E. Project Team ...................................................................17 F. Project Schedule ..........................................................23 G. Statement of Compliance ......................................24 Appendix: I. Exhibits ........................................................25 Appendix: Resumes ........................................................30 Cemetery Lane, Aspen, CO Kit Clunis, PE Project Manager/Project Contact | Otak, Inc. Scott Belonger, PE Principal-In-Charge | Otak, Inc. Dear Jamin and Members of the Selection Committee, The two Multi-Use Trails Along U.S. Route 34 & CO State Highway 7 are important trail connections for the Town of Estes Park and are in need of safety upgrades and improvements. The trails through the two corridors provide alternative modes of transportation and walkability along high-volume vehicular roadways and connect many businesses, churches, residents, and recreationalists to destinations near the edge of downtown. Planning and design of multi-use trails is not filler work (as it is for some firms) — it is what we do! Otak has successfully planned and designed hundreds of miles of trails and multi-use paths throughout Colorado and neighboring states. Having worked with the Town of Estes Park, including on the planning and design of previous sections of your trail system along Fall River Road, Otak is thrilled at this opportunity to partner with the Town to improve the connectivity, safety, user experience, and clarity of this portion of the Town’s trail system along U.S. Route 34 and CO State Hwy 7. Our proposal outlines a comprehensive approach to the project, demonstrating our understanding of the scope of services required. Project Approach and Understanding: We have carefully considered the unique challenges and opportunities presented by the project location. Our approach is designed to address these effectively. Our team is committed to delivering high-quality design and engineering plans, specifications, and estimates for construction that meet the Town’s expectations and standards. Project Team: Otak’s proposed Principal-In-Charge is Scott Belonger, PE. Scott is Otak’s active transportation practice leader and a sought-after, widely recognized expert in trail planning and design. Scott has worked with the Town on previous projects and will be the trail oversight and design quality manager. Scott will be assisted by Kit Clunis, PE (Project Manager) and Tim Rohan, PE (Project Engineer), who combined, have provided civil and structural engineering on many trail-related projects throughout the Rocky Mountain West. To complete Phase 1 of the project including planning, schematic design, and cost estimating we have assembled a proven team of local subconsultant partners with whom we have recently successfully worked on similar projects for the City: • Kumar & Associates – Geotechnical Engineering • Western States Land Services – Easements and Property Assessments • Ayres Associates– Subsurface Utility Engineering • Boulder Land Consultants– Right-of-Way and Survey • Logan Simpson – Environmental, Landscaping, Public Engagement Schedule: Our project schedule includes tasks such as delivering PS&E at various stages, public outreach meetings, and final bid-ready documents. We will collaborate with the Town to refine the scope and schedule before starting the project. Thank you for the opportunity to submit this proposal. Otak and our valued team members are excited for the opportunity to build upon our legacy serving the Town. We acknowledge receipt of Addendum 1. If you have questions or require additional information to aid in your selection, please contact Scott Belonger at 720.758.7717 or scott.belonger@otak.com or Kit Clunis, PE, at 720.758.7735 or kit.clunis@otak.com. We look forward to hearing from you. Sincerely, November 21, 2024 Jamin Rucker, Project Manager Town of Estes Park Public Works Department 170 MacGregor Ave. Estes Park, CO 80517 Re: Design and Engineering Services Multi-Use Trails Along U.S. Route 34 & CO State Highway 7 371 Centennial Parkway, Suite 210, Louisville, CO 80027 • Phone (303) 444-2073 • otak.com 4OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 B and C. Project Approach & Understanding Introduction Otak understands the project goals of enhancing the existing trail network along these two gateway corridors into Town. Our proposed project team will deliver planning, community outreach and engagement, schematic design, and final construction documents for each trail segment, separated into individual tasks. To complete this effort, our team expects to existing conditions review and recommendations for replacement of inefficient facilities, provide topographic survey and right-of-way (ROW) services, geotechnical engineering, trail and roadway design, geotechnical analysis, pavement recommendations, and the necessary plans, specifications, and cost estimates. We understand that plans are required to comply with CDOT Roadway Design guidelines, and will adhere to Town standards, U.S. Access Board Public Right-of-Way Accessibility Guidelines (PROWAG) Guidelines, and reference the Estes Valley Master Trails Plan where necessary. Project Goals Otak understands that the ultimate project goal is to provide, safe and user-friendly multi-use paths along U.S. 34 and CO 7, connecting outlying parts of town to downtown. Significant Concerns & Creative Solutions This locally funded project requires approximately 3 miles of concrete paved all-weather surface path to be constructed in existing ROW along the East side of CO 7 and the South side of U.S. 34. The paths will be re- constructed in areas where drainage, slopes, driveways, intersections, ROW, and utilities require improvement. The paths cross areas of steep side slopes where existing retaining walls will need to be evaluated and new retaining walls, path realignment, or other special treatments will be required. GENERAL ALIGNMENT ISSUES On U.S. 34, an existing trail follows the south side of the roadway, crossing approximately 22 driveways and 6 roadways. In several areas, the path adjoins adjacent parking lots and is not standardized along the corridor. The enhanced trail will generally follow the existing alignment where appropriate and will be relocated to provide a dedicated trail facility. All driveway crossings and roadway intersections will be separated from the existing parking lots and improved to current design standards including PROWAG. These improvements could require retaining walls, property easements, driveway re-design, and realignment. The Estes Valley Master Trails Plan calls out completing the sidewalk network on the north side of U.S. 34 from Steamer Drive to Lakefront Street and Grand Estes Drive to Dry Gulch Road as well as adding a pedestrian refuge median island with HAWK signal for crossing at Estes Park Visitor Center. This is essentially the same limits that the existing trail on the south side of U.S. 34 follows and would provide additional capacity for trail users originating from the mainly residential zone on the north side of the road without requiring additional crossings of U.S. 34. It is our understanding the scope of this project will not encompass this north-side trail design. On CO 7, an existing trail follows the east side of the roadway and crosses approximately 17 driveways and 8 roadways. The trail is generally well-separated and continuous within the project limits. Proposed enhancements to this trail would include widening, repaving, and updating all driveway and roadway crossings to current standards. These enhancements will require drainage improvements, existing retaining wall evaluations, and the potential for new retaining walls. Existing path crossing private drive with steep grades along US 34 5OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 New retaining walls and railings should be designed to match the rustic mountain setting of Estes Park. Natural rock walls and low-maintenance weathering steel railings can be used to achieve this goal. We suggest that we utilize wall and railing details that Otak developed for the Fall River Trail in these corridors. This can reduce design time and provide a consistent aesthetic in the Town’s trail system. The current trails appear to be located within the existing ROW along both U.S. 34 and CO 7.However, some areas appear be in an easement or could require a dedicated easement. In addition, site constraints may require evaluating alternative trail alignments that could necessitate additional property easements. The path alignment should be a seamless integration of existing topography, roadway elements, and drainage features. It is desirable to provide a greater than 10-foot separation between the path and roadway. This should be easily achieved within the existing ROW through much of the corridor. In most areas, the existing trail already has that desired separation. The AASHTO Bike Guide recommends a minimum of a 5-foot separation between roadway and path and the Estes Valley Master Trails Plan designates a 6-foot separation. In some areas, it may be prudent to consider reducing the separation below the desired minimum separation. In areas with steep roadway side slopes, we will consider bringing the path closer to the roadway with the use of a physical barrier between the path and roadway as one possible solution. Also, at any or all the driveway/ roadway crossings, it may be appropriate to reduce the separation to improve the safety/visibility and better handle drainage. There may be challenges in meeting ADA/PROWAG requirements at the existing driveways, as some of them are steep. All crossings will be carefully evaluated to determine the balance between project goals and reconstruction of private property. We learned the importance of closely considering trail cross slope at driveways on the Fall River Trail and will put those learned lessons to good use on this project. DRAINAGE Existing topography and drainage patterns, both from the roadway and off-site must be evaluated to determine the most appropriate location for the path, especially adjacent to the driveway and side road crossings. All possible options will be considered at the start of the project to determine the best location for the path. Based on our experience on numerous similar projects, we will attempt to maintain or improve existing drainage patterns as much as possible and carefully design the trail to minimize earthwork and address any known erosion and maintenance issues associated with existing drainage patterns. DRIVEWAYS AND STREET CROSSINGS This corridor has several path/vehicle access crossings. These crossings must be designed for safety since it is possible that there could be numerous vehicle/bicycle conflicts. Otak has incorporated various treatments to address access crossing safety including: warning or stop signs on the path and/or access, crosswalk striping, stop bars, textured/colored surface materials, flexible delineators, bollards, landscape edge treatments, etc. Providing landscape boulders or some other treatment at the path/access corners can provide physical protection for the trail users, better define/maintain the access width, alert trail users of the crossing, and provide an aesthetic enhancement. A full myriad of safety treatments will be considered and discussed with the Town to determine the appropriate safety elements for each crossing considering the specifics of the location, anticipated usage of the access, and aesthetic goals. SAFETY User safety will be a major consideration in designing the path. As stated in the AASHTO Guide for the Development of Bicycle Facilities, “When two-way paths are located immediately adjacent to roadways, some operational problems are likely to occur.” In fact, side paths such as this are widely considered to be the most dangerous type of bike facility. We understand these safety issues. Otak believes that the path should incorporate features such as appropriate sight lines, road/driveway crossing treatments, adequate separation from the roadway, proper drainage, appropriate signing and striping, solar snow removal, and adequate curves to maximize safety. We will actively design the path with safety considerations in mind, making modifications to the design where appropriate. Existing low water trail crossings on CO 7 6OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 ACCESSIBILITY We will provide the most appropriate ADA/PROWAG- accessible design for this site. For the most part, providing grades of 5% or less should be easily achieved; however, there are several locations where grades may be more challenging. Each of the access crossings will likely require additional grading considerations to meet ADA/PROWAG. Otak has designed numerous similar projects and will be able to address all accessibility issues. Multi-use path projects are not required to meet PROWAG slope requirements as some people may think. We are familiar with all the appropriate federal accessibility requirements and mitigation measures to design the project appropriately. There are locations where the existing topography and natural features would meet the “conditions for departure” and could be designed with slopes greater than 5%. ENVIRONMENTAL Logan Simpson will provide services for landscape architecture for restoration plans, as well as public engagement meetings and materials for four total meetings, two public meetings, and two with Estes Park Transportation Advisory Board at 30% and 90% design stages. Their team will also provide environmental services for a site survey for wildlife and wetlands, desktop analysis, and coordination with relevant agencies for any findings. LANDSCAPE DESIGN It is our understanding that the Town of Estes Park does not intend to add special plantings or aesthetic features to the project. Any native seed mix used on the project will need to be approved by CDOT and/or the Town. Because trail projects are not like roadway projects, and typically have less access to certain types of equipment, Otak and our team understand how to show revegetation for trail projects on drawings that are constructable. We also understand how to specify contractor responsibilities to ensure proper revegetation, putting the Town at ease so that they will not need to come back and deal with erosion in the future. Short colored concrete walls cast integral with the concrete sidewalk, similar to Otak’s design along Fish Hatchery Road could be used to reduce cost and site impacts. Trees and other plantings can be added, even in a narrow buffer area to improve the look and feel of the corridor. Otak successfully utilized plantings in this narrow buffer area on the Cemetery Lane Trail in Aspen to enhance safety and improve the trail user experience. 7OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 RIGHT-OF-WAY The trail will be in the U.S. 34 and CO 7 ROW, which is approximately 100 to 125 feet wide. This should be sufficient space to locate the trail throughout; however, there may be areas where easements are required, especially if the path design requires realignment. We anticipate that some ROW research will be required, as it appears that portions of the existing path along both trail segments venture onto private land in their current condition. We will need to determine if existing easements exist on these properties, and if they need to be modified permanently, or expanded temporarily for construction. Because this element is key to making construction happen in 2025, our team will dig into the ROW immediately and determine the allowable use(s) on private property so that discussions with the owner can happen as soon as possible. CONSTRUCTION TRAFFIC CONTROL Traffic Control on U.S. 34 and CO 7 will be a challenge during construction. Both roadways carry a significant traffic volume that will be affected by the improvements. CDOT lane closure policies must be followed. Any deviation from that must be approved by CDOT, as we did on the Fall River Trail - Segment 1 project. Trails will be located off street, but the construction process will require some form of lane or shoulder closures. On U.S. 34, if both shoulders are closed and lane widths are decreased by 1-2 feet, it may be possible to maintain all existing lanes during construction and create a barriered work zone along the south side of the road. On CO 7, the northbound lane could be shifted to utilize the center turn lane during construction to maintain two lanes of traffic. On both segments, access to driveways and side streets will be maintained throughout the construction process, potentially utilizing temporary accesses or detours. UTILITIES Our project team will work closely with the Town to identify all potential utility impacts. Utility impacts will be avoided wherever possible. Unavoidable utility impacts will be coordinated with utility owners prior to construction to avoid potential delays and extended disruption to traffic as was experienced in construction on the Fall River Trail - Segment 1. Top: In the most constrained areas, a concrete barrier combined with a side mounted railing and concrete thickened edge could be considered. Colored and textured concrete improves the aesthetics of this structural solution. Weathering steel railings reduces future maintenance as provides rustic appeal. Middle: If taller walls are needed, a combination of natural and artificial stone walls may be considered to reduce project cost similar to what was used on Otak’s recently completed Maroon Creek Trail in the City of Aspen. Bottom: Natural stone walls and timber railings similar to those Otak used on the Fall River Trail can be used on this project to create a common aesthetic in the Estes Park trail system. 8OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & Co State Highway 7 U.S. Route 34 Trail: Key Issues & Considerations U.S. 3 4 N. S t . V r a i n A v e n u e Dr y G u l c h R o a d Lake EstesLake Estes S t e a m e r D r . S t e a m e r D r . S u m m i t D r . S u m m i t D r . El k T r a i l C t . El k T r a i l C t . Lakefr o n t S t . Lakefr o n t S t . Rave n C i r . Rave n C i r . Lo n e P i n e D r . Lo n e P i n e D r . N. L a k e A v e . N. L a k e A v e . H i l l s i d e L n . H i l l s i d e L n . V i s t a L n . V i s t a L n . Stanley Village Shopping Area Estes Park Visitor Center Lake Estes Golf Course Lake Estes Marina 1. The existing trail crosses and joins many parking lots along U.S. 34. This combination of facilities does not provide a safe or uniform facility for users. Separating the trail from the parking lots will be a challenge of this project. 2. Steep sideslopes along U.S. 34 have created equally steep driveways where the trail crosses. Realigning the path and/or providing retaining walls are options that will be explored to update these crossings to current standard. 3. South side alignment to replace the existing path would likely provide the most benefit to the community with safety and code upgrades. 4. Project may consider a northern trail alignment, as indicated in the Estes Valley Master Trails Plan. 5. Existing underpass provide north/south connectivity from Dry Gulch Road. U.S. 3 4 1 2 LEGEND Popular Destination Signalized Intersection Northern Trail Alignment Existing Path and Southern Trail Alignment KEY ISSUES AND CONSIDERATIONS Typical US 34 driveway crossing design approach could consider trail realignment for crossing viability, grading needs, and reduced crossing lengths 1 2 3 4 5 Existing Path Apparent ROW Line 9OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & Co State Highway 7 KEY ISSUES AND CONSIDERATIONS 1. There are several retaining walls used for the existing trail. These walls, varying in height from 2’-6’, will need to be evaluated for their adequacy in the design of the proposed trail. Determining such things as the structural integrity and conformity to current wall standards will be an important step in the design process. Many of the existing walls appear to be within clear zone, which presents additional design considerations. 2. Understanding the existing drainage patterns along the trail will be major factor in the design of the trail. Current drainage features will be evaluated for condition and capacity to ensure the new trail design functions safely for years to come. 3. The trail intersects 8 roads along the project limits of CO-7. All of these crossings will need to be designed to meet current standards to enhance the safety of the proposed trail for all users. CO State Highway 7 Trail: Key Issues & Considerations Gr a v e s A v e . Estes Park Golf Course G o l f C o u r s e R d . G o l f C o u r s e R d . Community Dr.Community Dr. Mo r g a n S t . Mo r g a n S t . Le x i n g t o n L n . Le x i n g t o n L n . Pi n e K n o l l D r . Pi n e K n o l l D r . T r a n q u i l L n . T r a n q u i l L n . Pe a k V i e w D r . Pe a k V i e w D r . High a c r e s D r . High a c r e s D r . Twin D r . Twin D r . Pine w o o d D r . Pine w o o d D r . Sco t t A v e . Sco t t A v e . Ac a c i a D r . Ac a c i a D r . Avalon Dr.Avalon Dr. Co u n t r y C l u b D r . Co u n t r y C l u b D r . Pi n e K n o l l D r . Pi n e K n o l l D r . Si x t h G r e e n L n . Si x t h G r e e n L n . Ho l i d a y L n . Ho l i d a y L n . 1 2 1 2 To Lily Lake area Car r i a g e A v e . CO-7 Typical Section with Retaining Wall at Various Locations CO-7 Roadway 44 ft Shared Used Path 10 ft LEGEND Popular Destination Existing Path and New Trail Alignment Fish Creek Road/ Lakeshore Drive Trail CO-7/S. St. Vrain Avenue To Estes Park Elementary and High Schools Existing Path Apparent ROW Line Scott Ponds Playground 10OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 Project Delivery Otak will separate the two project segments into two tasks, with the anticipated delivery of two separate sets of plans, specifications, and estimates. We understand that the project is expected to be constructed in portions over the next 10 years, so we will also develop a potential phasing scenario, dividing the two trails into smaller segments that could be implemented from and to certain points that make the most sense from a phasing standpoint. This may also assist in developing long-range cost planning, as segments that are built in year 10 will likely be subject to inflation, unlike portions of the project built in year two. In order to commit to the proposed project schedule, as outlined in the RFP, Otak will split the two trail segment designs and deliverables between two internal Otak teams. Kit and Tim will each be responsible for a separate segment of the project deliverable but will coordinate often on design approaches to ensure continuity between the two segments. Kit will oversee all project deadlines and deliverables, and Scott will provide principal oversight, ensuring project goals, quality of our design, and constructability are being met and considered. We anticipate the following approach and deliverables: 1. PROJECT KICKOFF a. Kickoff Meeting and Walkthrough i. Meeting – Otak and Town staff will attend a pre- design meeting to discuss all project disciplines and the approach for each. The meeting will also establish project design and construction budgets as well as milestones for design and construction. Otak will develop the meeting agenda, facilitate the meeting, document minutes, and distribute them to the team. ii. Site Walkthrough – Otak and Town staff will visit the site to observe and document constraints and opportunities to be considered during the design. b. Information Gathering i. Obtain Existing Information – The Town will provide Otak with any information that may be pertinent to this design. ii. Survey and SUE – Boulder Land Consultants and Ayres will work together to collect existing topographic survey and utility data to be used for base mapping in the design. They will coordinate for the proper horizontal and vertical datums (based on CDOT requirements), and provide the team with a complete picture of the existing conditions through both project areas. The team, assisted by Western States, will also collect existing ROW data in order to determine if the current path location is fully within ROW, or if easements are in place where it may appear to be located beyond the existing ROW in each corridor. iii. Geotechnical Engineering – Kumar will provide geotechnical borings to develop a proposed pavement section for trails and roadway/driveway crossings, as well as inspect and review existing walls that may need to be reconstructed for safety or maintenance concerns. Wall foundation recommendations will also be provided, based on the collected soil data in various locations in each corridor. iv. Environmental Studies – Our team will provide environmental services,l led by Logan Simpson, for a site survey for wildlife and wetlands, desktop analysis, and coordination with relevant agencies for any findings. 2. CONCEPTUAL DESIGN REFINEMENT AND 30% DESIGN a. Formalize and Refine Concepts i. Formalize Concept Plans - Otak will develop and lay out conceptual site plans for each trail in CAD which should provide more detail and insight as to how the proposed improvements may fit within the surveyed site constraints, determine driveway crossing improvements, and other factors that may require slight modifications to the existing alignments. Otak will utilize existing aerial photography and LiDAR data to get head start on this concept layout, while survey, utility, and ROW data is being obtained. We feel this will be necessary in order to stay within the Town’s proposed schedule. ii. Second Site Visit Review – It may be necessary and beneficial to visit the site an additional time once the concepts have been formalized so that any final existing constraints can be verified, and the final design layout can move forward into the construction document deliverable process with little or no surprises later. 11OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 b. 30% Design Deliverables i. 30% Plans and Estimate – Otak will incorporate insights, reviews, and refinements from the concept layout and develop a 30% submittal package including plans and an estimate of construction costs. ii. 30% Design Review Meeting – Otak will review comments from staff and other local or state reviewing agencies in a meeting and provide written comment responses. iii. Public Engagement Meeting - Once the 30% layout has been completed, and Town staff is ready to engage the public and business owners, Otak and Logan Simpson will provide staff with materials and be present to assist in discussing the project with stakeholders and the pubic at large, so that we can obtain community buy-in and hear from any concerned business owners and residents about potential changes along their property frontage., We also recommend discussing potential driveway modifications (such as consolidation of access, or narrowing crossing distances) with certain property owners at the concept level in order to get feedback early in the design process. Erosion and wide driveway openings on US 34 should be corrected via grading and seeding improvements along US 34. 3. FINAL DESIGN (90% & 100% PLANS) 90% design plans will include revisions from the 30% review in addition to the required elements for final review. Additional drawings to be included in the FOR design plans include Signing and Striping Plans, Traffic Control Plans, Stormwater Management Plans, and trail cross sections. The final drainage reports will be updated and submitted during this phase. Project Special Provisions and an updated Engineer’s Estimate will be prepared. a. 90% Design Deliverables • 90% Design Plans • Project Special Provisions • Opinion of Probable Construction Cost • Final reports/memos • Responses to 30% comments received b. 90% Design Review – Otak’s team will submit our plans and specifications for the Town to review, and have a meeting with staff to get final feedback, concerns, and answer any questions from stakeholders. Otak will document and distribute minutes from the review meeting. 12OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 4. BID DOCUMENTS/ADVERTISEMENT Comments received at the 90% review meeting will be addressed and final construction bid documents will be prepared per Town requirements. As a best practice, Otak commonly provides a 99% set of plans for a final back-check and review, followed by preparing the construction bid set. Deliverables: • 100% Design Plans and Specifications • Responses to 90% comments received • Final Construction Cost Estimate • Final reports/memos • Electronic Files of final Construction Plans and Specifications APPROACH TO QUALITY ASSURANCE/ QUALITY CONTROL Otak is committed to performing Quality Assurance/ Quality Control throughout this project as follows: Quality Assurance/Quality Control Scott Belonger will ensure that project expectations are communicated to all staff and that deliverables are checked to ensure design criteria and standards are met. Ongoing Monitoring Scott and Kit will monitor design progress frequently, adjusting staff levels and approaches as necessary to meet the goals of the Town and the project. PROJECT MANAGEMENT AND COST CONTROL Otak will manage the progress of work and control our design budget by: Ongoing Monitoring of Workload for All Staff Scott and Kit will track progress throughout the project and communicate the anticipated level of effort with all staff, including our subconsultants, working on the project. They will also monitor expenditures weekly, adjusting as necessary. Hands-On Approach to Project Management An ongoing review of progress and deliverables will be performed by Scott and Kit, generally mirroring the frequency of the progress meetings with the Town and other project stakeholders. Thorough Review of Scope and Subconsultant Deliverables Scott and Kit will ensure that subconsultant scopes are complete and that deliverables include all necessary work items. TEAM COMMUNICATION Otak will communicate regularly with our team and the County through: Ongoing Meetings Our team will meet for Town-prescribed progress meetings to make sure all staff are informed and progressing the design in accordance with the schedule. These meetings are opportunities for the Town to dive into more detailed design aspects of the project and provide feedback and discuss alternatives/exceptions prior to formal deliverables. Regular County Communication Scott and Kit will keep the Town informed of progress and solicit input and feedback on a regular basis. This will be done through regular calls, emails, or face-to-face meetings when required. 5. BID & CONSTRUCTION If requested, Otak will assist the Town with bidding and construction engineering once the project design is complete. It is our understanding that these services are not needed within the scope of this RFP; however, we will be happy to work through construction when the time comes. 13OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 D. Firm Qualifications Otak has worked with communities throughout Colorado on many challenging and similar projects. Comprised of specialists in multi-use trail projects, our highly skilled team is well-suited to deliver this project in partnership with the Town. The following pages present select examples of our extensive, relevant experience working on similar projects. The project descriptions on the following pages are representative of our technical creativity, capabilities, commitment to, and track record of successfully delivering excellent projects on time and within budget. Additionally, project references have been included with each write-up. We invite you to contact our references to hear firsthand what it is like to work in partnership with Otak. Fall River Trail Extension | Estes Park, CO Otak worked with the Town of Estes Park to provide a 2.5-mile extension of the Fall River Trail. This project will provide a shared-use path connection between the Town of Estes Park and Rocky Mountain National Park. The trail is located in a tight corridor between US 34 and Fall River. Several retaining walls and two bridges were required to complete the connection. The trail was carefully designed to minimize impacts to trees and be aesthetically complimentary to the site’s natural beauty, which serves as a gateway to Rocky Mountain National Park. A specialty trail cross section that combines the concrete trail, retaining wall, and vehicular crash barrier was developed to fit the trail in the tightest areas between the highway and Fall River. This section minimizes impacts to the site, excavation within the existing roadway, and provides a unique trail experience. The project is also directly adjacent to 24 private properties, some with numerous condo units. The public process included three public meetings, a town board of trustees meeting, and numerous one-on-one property owner meetings including both individual residences, condo associations, and lodge owners. Although many residents and business owners were against the project at the start, the project earned overwhelming public support through this process. Meeting with individual property owners before public meetings was a key strategy in earning the support of the more reluctant neighbors. REFERENCE Jeff Bailey, PE, PTOE (Town Engineer) Town of Estes Park Public Works Department 970.577.3586 | jbailey@estes.org PROJECT RELEVANCE • Public involvement and meetings • Property owner coordination • CDOT ROW • Collaboration with Estes Park • Driveway Crossings • Low Impact Design • Unique Structural Solutions Fall River Trail Extension 14OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 Eagle-Vail Phase 2 Segment of the Eagle Valley Trail | Eagle Co, CO After partnering with Eagle County ECO Trails on the preliminary design phase, Otak was awarded the Phase 2 Segment of the Eagle Valley Trail. This phase of the project ties into the existing Phase 1 segment running parallel to US Highway 6 and had originally included a new asphalt multi-use path, prefabricated single-span steel bridge, and structural retaining walls along the banks of the Eagle River. Following discussions with ECO Trails, Otak suggested a two-phase approach to this project, allowing for collaboration between CDOT and ECO Trails to explore potential alterations to the lane configuration of US Highway 6 through the narrows, reducing or potentially eliminating the need for retaining walls and the bridge. The lane reconfigurations were ultimately approved by CDOT to reduce the need for structures to fit the trail in this challenging corridor. Otak has since completed the final design. The project was bid in late Summer of 2022. Construction was completed in 2023. REFERENCE Kevin Sharkey (Trails Manager) Eagle County ECO Trails 970.328.3523 kevin.sharkey@eaglecounty.us PROJECT RELEVANCE • CDOT ROW • Multiple agency involvement • Topographically challenging • Structural solutions for bikeway • Feasibility/alternative analysis conducted 15OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 Maroon Creek Multi-Use Trail | Aspen, CO The City of Aspen (City) is a Colorado destination featuring 22 miles of trails that seamlessly connect with Snowmass, Woody Creek, Basalt, and the greater Pitkin County area, providing a year-round amenity for locals and tourists alike. The Maroon Creek project aimed to create a safe year- round connection between the SH 82 roundabout, and the Aspen Recreation Center (ARC). The connection between the roundabout and the ARC was a poorly defined mixture of trail, sidewalk, and roadway. While functional, the connection lacked clarity, created potential conflicts between vehicles, pedestrians, and bicyclists, and did not provide a snow-free route year- round. For Phase 1 of the Maroon Creek project, Otak provided planning, conceptual design, and cost-estimating services for this connection between the Castle and Maroon Creek roundabout on SH 82 at the northern end of the existing Highlands Trail, while considering how to provide separation from the Aspen High and Aspen Middle School pathways as well as how to interact with the well-established Nordic trails in the area. The project also includes intersection safety improvement measures, drainage upgrades, realignment of an existing pedestrian bridge approach, and transit stop improvements. Otak then worked on Phase 2, which involved providing final construction documents. REFERENCE John Spiess, Open Space and Natural Resources Manager City of Aspen 970.429.2028 johnspiess@aspen.gov PROJECT RELEVANCE • Multi-use rail design • Drainage and water quality improvements • Intersection safety improvements • Narrow corridor with challenging grading • Mid-block pedestrian crossing improvements • Multi-agency coordination 16OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 Lyons Main Street Enhancement Project , Phases 1 & 2 | Lyons, CO The Town of Lyons is a historic entryway to Rocky Mountain National Park with several restaurants, historic antique shops, businesses, riverside parks, and music festivals. The Town turned to Otak (previously as Loris and Associates) to assist with the design for the various pedestrian improvements and streetscape features within a very tight time constraint and construction budget. The back of curb improvements were incorporated and coordinated with the new roadway reconstruction design, being performed by Jim Blankship for the Town. Otak was responsible for design of back-of-curb elements such as sidewalks, widened by as much as 12 feet, re-used historic flagstone pavers and sandstone curbs; and incorporated contextually and historically appropriate colored concrete, flagstone walls retaining planting beds, drainage, and pedestrian lighting. The design was completed on time and within budget in order to be eligible for government funding. Otak continued this important infrastructure project in Phase 2, extending the multi-use path east of downtown along Hwy 66 to Stone Canyon Drive, crossing many commercial driveways, and designing mid-block crossings for better connectivity from residential and park areas to the local businesses. This project was awarded the 2010 Governor’s Award for Downtown Excellence - Best Public Space Category, the 2010 Colorado Chapter Award for Engineering and Construction Management - American Public Works Association, and the Colorado Chapter Award for Project of the Year - American Public Works Association. The overall construction cost was $1.35 million. REFERENCE Dave Cosgrove, Director of Parks and Public Works Town of Lyons 303.823.8520 davec@townoflyons.com PROJECT RELEVANCE • Sidewalk improvements • Pedestrian considerations • CDOT ROW • Multiple commercial driveway crossings 17OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 Scott Belonger, PE E. Project Team Introduction The organizational chart to the right introduces our key staff and specialists, their firm affiliations, their project-specific roles, and reporting relationships. Otak and our teaming partners have hand-selected this team of professionals based on their experience delivering multi-use trail projects with similar project scope elements, specific experience in the Town of Estes Park, and commitment to excellence and practice of the “Project First” philosophy. Our team of engineers and designers listed on the following pages share a common philosophy and goal of developing high-quality trail improvements that are sustainable, low impact, well-used, and aesthetic, and that create a sense of identity that communities can be proud of. Abbreviated resumes for key contributors follow. Full resumes for key team members are included in the Appendix. Key Staff OTAK TEAM Scott Belonger, PE Principal-in-Charge Kit Clunis, PE Project Manager, Project Contact Tim Rohan, PE Project Engineer David Graff, PE Structural Engineer SUBCONSULTANT TEAM Kumar & Associates Geotechnical Engineering Jacob Hanson, PE Western States Land Services Easements and Property Assessments John Doty Mitch Hauff Val Kindgren Ayres Associates Subsurface Utility Engineering Kasey Hayes Joseph Leary Boulder Land Consultants Right-of-Way and Survey Kayce Keane, PLS Jason Emery, PLS Logan Simpson Environmental, Landscaping, Public Engagement Steve Sigler, PLA Sarah Smith Kristina Kachur, AICP Taylor Broyhill, AICP Principal-in-Charge Bio: As Principal-in-Charge, Scott will be pivotal in overseeing the project, providing strategic oversight, and ensuring the team’s alignment with the project and the Town of Estes Park goals. With an extensive background in overseeing trail and path projects, Scott has a demonstrated track record in project management. He understands how to deliver a project on time and within budget. Actively collaborating with stakeholders, project managers, and team members throughout a project, he prioritizes client satisfaction and adeptly navigates varied expectations. Experience: 25 Education: BS, Civil Engineering (University of Wisconsin) Registrations/Certifications: Professional Engineer (CO, NM, WY) Select Project Experience: • Fall River Trail Extension; Estes Park, CO • Eagle Valley Trail (Phase 2); Eagle County, CO • Maroon Creek Trail; Aspen, CO *BOLD denotes key personnel 18OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 Kit Clunis, PE Project Manager and Project Contact Bio: As a project manager, Kit is responsible for overseeing the design and preparation of construction documents of the two trail projects. He will work closely with the team, Town of Estes Park staff, and stakeholders to ensure that the design and construction documents meets the project goals, budget, and schedule while meeting the Town’s needs. His expertise includes rural and urban roadway design, roundabouts, major and minor intersection design, and storm sewer systems. He is proficient in utilizing various engineering software programs including AutoCAD, Microstation, Civil 3D, and OpenRoads. Experience: 17 Education: BS, Civil Engineering (University of Wyoming) Registrations/Certifications: Professional Engineer (CO, WY) Select Project Experience: • 6th and Colorado Roundabout; Dacono, CO • Owl Canyon Road Phase IV; Larimer County, CO* • U.S. 34 Widening; Loveland, CO* *Kit’s experience prior to Otak KIT’S CONTACT INFORMATION: Phone: 303.444.2073 Cell Phone: 720.758.7735 Email: kit.clunis@otak.com Tim Rohan, PE Project Engineer Bio: Tim has seven years of experience supporting the planning, evaluation, design, and construction of land and site development projects across the Colorado region. With an emphasis on urban drainage and infrastructure, Tim has successfully permitted and completed complex mixed-use development packages and provided thorough construction administration from start to finish. Tim is known for his ability to communicate, organize, and provide detailed information to clients and design teams. In his career, he has helped complete community stabilization projects, school developments, turf fields, parks, and mixed-use developments. Experience: 7 Education: BS, Civil Engineering (University of Florida); AA, Engineering (Santa Fe College) Registrations/Certifications: Professional Engineer (CO); SWMP Preparer Certification (CDOT) Select Project Experience: • Fall River Trail (Final Segment); Estes Park, CO • Santa Fe Rail Trail Segment 6 Trailhead; Santa Fe County, NM • Maroon Creek Trail; Aspen, CO David Graff, PE Structural Engineer Bio: David is a structural engineer, bridge inspector, and project manager who utilizes his diverse experience in a variety of structural engineering projects—from buildings to bridges, retrofits to new construction, and timber to steel and concrete. No matter the project, David can successfully develop unique and economical solutions to meet the design challenges. His structural design and project management experience includes bridge and building design, structure modification, bridge rehabilitation (including historic bridges), alternatives analysis, cost estimation, and construction engineering. His designs begin with listening to and understanding the needs of his clients to find the best design solutions that take cost, constructability, and aesthetics into consideration. Experience: 10 Education: MS, Civil Engineering (University of Colorado Boulder); BS, Civil Engineering (Southern Illinois University) Registrations/Certifications: Professional Engineer (CO, CA, MT); FHWA NHI – Safety Inspections of In-Service Bridges Select Project Experience: • Maroon Creek Trail; Aspen, CO • Triple Creek Trail; Aurora, CO • Animas Trail North—Memorial Park to Oxbow Park; Durango, CO 19OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 Jacob Hanson, PE Geotechnical Engineering Lead (Kumar & Associates) Bio: Jacob has 12 years of experience in the geotechnical and construction materials testing industry. He has experience with multiple phases of construction observation and testing on soils and mass grading, drilled and auger cast pier construction, reinforced concrete, reinforced masonry construction, asphalt and concrete pavement construction, floor flatness/floor levelness, and fireproofing observation and testing. He is responsible for geotechnical subsurface investigations related to project-specific studies for various project types. Experience: 12 Education: BS, Civil Engineering (Washington State University) Registrations/Certifications: Professional Engineer (CO) Select Project Experience: • Big Dry Creek Trail Connections; Thornton, CO • Skylake Ranch Open Space Land Improvements; Thornton, CO • Thornton Park; Thornton, CO John Doty Easements and Property Assessments Lead (Western States Land Services) Bio: John is an experienced consultant specializing in complex ROW acquisitions, project management, and relocation. Throughout his 18 years of experience, he has successfully acquired millions of dollars in ROW for transportation and utility projects. His goal is to help clients create and implement acquisitions policies and strategies that meet statutory requirements while maintaining the standards they have for themselves. Experience: 18 Education: Business Administration (Mesa State College) Select Project Experience: • CDOT, I-25 Express Lanes Project (SH 14 to SH 1 and SH 128 to SH 7); CO • Poudre River Trail Project; Larimer County, CO • Superior Trail: BRT To Davidson Mesa; Town of Superior, CO Kasey Hayes Subsurface Utility Engineering Lead (Ayres Associates) Bio: Kasey is a subsurface utility engineering (SUE) technician with over a decade of experience designating and locating underground utilities. Kasey has experience working in and around underground utilities ranging from common utilities to high-profile infrastructure. This experience has been gained throughout northern Colorado over the past 14 years. Recognizing that utility owners and infrastructure differ from city to city, Kasey is adept at utility locating, designating, identification, and risk management for every type of existing utility. Kasey is a recognized Damage Prevention Specialist known for his rapid response to clients’ needs and commitment to quality. Experience: 16 Education: Roosevelt High School, Johnstown, CO; Surveying Coursework and Training (Staking University) Select Project Experience: • Elberta Sidewalk & Pedestrian Bridge Improvements; Town of Palisade, CO • Weld County Trail Alignment SUE; Weld County, CO • Estes Park US 36 Wall; Estes Park, CO 20OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 Subconsultant Partners To ensure that we are able to provide the best possible services to the Town of Estes Park for this important project for two trail designs, we have included on our team the following subconsultants, with whom we have excellent, long-standing relationships through our collaboration on numerous projects throughout the years. Our subconsultant partners can be found on the following page. Kayce Keane, PLS Right-of-Way and Survey Lead (Boulder Land Consultants) Bio: Kayce’s experience includes working on a variety of boundary surveys, CDOT Right of Way Plans, mineral surveys, bathymetric surveys, windfarm projects, private/commercial ALTA/NSPS Land Title Surveys, and government-owned properties. Since 2008, Kayce has fervently served the Colorado land surveying community by serving in leadership roles for a number of organizations including the Professional Land Surveyors of Colorado (PLSC), GIS in the Rockies, and Rocky Mountain Surveyors Summit. Experience: 21 Education: MS, Geographic Information System (University of Denver); Surveying Coursework (East Tennessee State University); BS, Applied Mathematics with Concentration Physics and Minor Astronomy (Appalachian State University) Registrations/Certifications: Professional Land Surveyor (CO, WY, NC) Select Project Experience: • North Broadway Corridor Improvement Project – Violet Ave. to US 36; Boulder, CO • 30th Avenue Improvement Corridor Project; Boulder, CO • Colorado Avenue Improvement Corridor Project; Boulder, CO Steve Sigler, PLA Environmental, Landscaping, and Public Engagement Lead (Logan Simpson) Bio: Steve has more than 18 years of experience and has provided design, project management, and construction documentation and administration on a variety of parks, natural areas, river corridors and restoration, trails, public campuses, museums sites, and streetscape projects. He is well versed in leading a project through design, client and team coordination, schematic through construction document phases, and construction administration/observation. He has served as the project manager and designer on multiple task orders stemming from on-calls with the EPA Equitable Resilience Blanket Purchase Agreement; City and County of Denver; cities of Fort Collins and Greeley; Colorado Department of Corrections; Bureau of Land Management National Scenic and Historic Trails BPA; and Osceola County, Florida. Experience: 19 Education: BS, Landscape Architecture (Colorado State University) Registrations/Certifications: CLARB Certified Landscape Architect; Professional Landscape Architect (CO, WY, NM) Select Project Experience: • Fall River Trail Extension; Estes Park, CO • SH9/Iron Springs Road and Trail Landscape and Aesthetics; CO • BLM Wyoming National Historic Trails; WY 21OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 OUR SUBCONSULTANT PARTNERS Kumar & Associates | Geotechnical Engineering Kumar & Associates, Inc. (K+A) has been providing quality geotechnical engineering, construction materials testing, and environmental services for several communities throughout Colorado for more than 35 years. K+A has worked with municipalities and design partners to develop and create public spaces along the Front Range. They take pride in working on these types of projects since the impact is felt within our staff’s residential areas. Additionally, K+A completed the geotechnical engineering study for the Fall River Trail extension for Estes Park in 2016. Western States Land Services | Easements and Property Assessments Western States Land Services was founded in 1981, specializing in contract right of way acquisition, and permitting and relocation services. For more than 40 years, they have worked with local public agencies, utility companies, and other entities throughout Colorado and several surrounding states to help acquire property interests. They are prequalified by CDOT in acquisition and relocation to work on federally funded projects. They are very familiar with the Uniform Act, FHWA, and CDOT policies and procedures and have experience with eminent domain as week as providing expert witness testimony in court on multiple occasions. Ayres Associates | Subsurface Utility Engineering Ayres’ services include subsurface utility engineering (SUE), civil and municipal engineering, transportation, structural design and inspection, river engineering and water resources, architecture, mechanical/electrical/plumbing engineering, landscape architecture, environmental, geospatial, and planning and development. Ayres has provided various municipalities, industries, and agencies with utility locating services on stand-alone and continuing services contracts since 1998. Having worked for a broad array of both private and government agencies, Ayres has experience providing utility locating services in a variety of flexible methods tailored to meet local conditions and customer needs. Boulder Land Consultants | Right-of-Way and Survey Boulder Land Consultants (BLC) has a 37-year history of successful surveying and mapping projects in the greater Boulder County region. In addition to providing conventional land surveying services, BLC provides aerial photogrammetry and mapping, Autodesk Civil 3D drafting services, digital topographic mapping, GIS deliverables, robotic positioning, and global positioning technology (GPS) to their clients. In addition to ROW mapping and boundary surveying experience, their field staff has expertise in establishing geodetic control networks, capable of resolving problems on site as they arise. Relevant work includes current Transportation Division projects such as the Colorado Ave. and 30th Street Underpass Project and the North Broadway Improvement Project (Violet Ave to U.S. Highway 36), which required establishing a rigorous survey control network and preparation of aerial topographic mapping employing GPS. Logan Simpson | Environmental, Landscaping, Public Engagement Founded in 1990, Logan Simpson provides community planning, cultural resources management, environmental planning, and landscape architecture services. The work for this project will be performed out of their Fort Collins office, which brings the experience of over 30 professionals. Logan Simpson has extensive experience working with the Town of Estes Park. As a subconsultant to Otak, they collaborated on the Estes Park Fall River Trail project, leading public involvement activities and the development of the landscape restoration plans for the trail extension. Additionally, their work on the Estes Valley Open Space and Outdoor Recreation Plan prioritized the preservation of natural resources and expanded recreational opportunities. 22OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 Schedule & Availability Based on our current understanding of the project, the anticipated scope of work, and our recent experience successfully completing similar projects, we have conducted preliminary resource planning and we feel that the proposed project schedule by the Town is aggressive, and may need to be modified for the complete length of the trail design. However, we do feel that we can meet the Town’s goal of having a contractor begin work in the summer of 2025 by implementing the following project design approach: 1. Otak will break the project into logical Segments, that could be implemented in phases over the next nine years. 2. If the Town has a preferred portion of the existing trail that needs to be replaced first, our team will focus on that portion of the design initially, in order to provide a complete set of construction drawings for bidding and construction in 2025. Time required for acquisition of ROW should be considered when selecting the first segment to go to construction. 3. The remainder of the design drawings could be finalized after the initial portion has broken ground, and will be completed by Fall of 2025. We feel that this approach could be a very good balance of focusing on construction of the initial critical portion of the trail, while relieving the Town and the design team of the pressure of a complete set of documents in such a short time frame, when only a portion of the project is intended to be constructed in 2025. Using the detailed schedule at the outset of the project and reviewing progress on a regular basis, we can determine if we are staying on target to meet critical milestones. If critical deadlines are in jeopardy, we will switch priorities or allocate additional staff members to ensure that your needs are being met. We are almost always able to shift resources from non-urgent projects without impacting client service delivery while still meeting the Town’s needs. In addition to the resources of Otak, we have an additional 300+ technical resources available nationwide ready and able to contribute to the success of this project. Our proposed project schedule on page 23 shows that outlines project tasks such as delivery of plans, specifications and estimates (PS&E) at various stages, public outreach meetings, and delivery of final bid-ready documents. Our team will work with the Town to refine the final scope and schedule prior to commencement of the project. 23OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & Co State Highway 7 F. Project Schedule Project Component and Starting Week 11 / 4 11 / 1 1 11 / 1 8 11 / 2 5 12 / 2 12 / 9 12 / 1 6 12 / 2 3 12 / 3 0 1/ 6 1/ 1 3 1/ 2 0 1/ 2 7 2/ 3 2/ 1 0 2/ 1 7 2/ 2 4 3/ 3 3/ 1 0 3/ 1 7 3/ 2 4 3/ 3 1 4/ 7 4/ 1 4 4/ 2 1 4/ 2 8 5/ 5 5/ 1 2 5/ 1 9 5/ 2 6 6/ 2 6/ 9 6/ 1 6 6/ 2 3 6/ 3 0 7/ 7 7/ 1 4 7/ 2 1 7/ 2 8 8/ 4 8/ 1 1 8/ 1 8 8/ 2 5 9/ 1 9/ 8 9/ 1 5 9/ 2 2 9/ 2 9 Data Collection/Preliminary Reporting/Conceptual Design Kickoff Meeting Field Walk Conceptual Concept Phase Planning Field Survey and Mapping Environmental Field Studies Geotechnical Exploration Subsurface Utility Engineering Trail Concept Development Town Concept Review and Meeting Preliminary/30% Design Preliminary Phase Planning Environmental Reports Trail Design & Estimate Drainage Design SUE Potholing and SUE Plans Preliminary Utility Coordination ROW/Easement Preliminary Plans Preliminary Reporting (Geotech/Environmental) Preliminary Submittal QC/Packaging Town 30% Design Review and Meeting Public Meeting #1 Final Design 90%/100% Final Design Phase Planning Property Acquisition/Agreements Final Trail Design 90% Design Documents Final Submittal QC/Packaging Town Final Design Review and Meeting Public Meeting #2 Bid Documents & Advertisement Final Plan Revisions Advertisement for Construction Notes & Assumptions: 1. Topographic surveying can be performed during winter months, when project area is clear of snow. 2. Environmental field review may be delayed is snow is present on the ground 3. Design for both project segments will occur simultaneously. H O L I D A Y S 2025 JAN FEB MAR APR MAY JUN JUL AUG SEP Notice of Award Estes Park Multi-Use Trails Along US Route 34 & CO State Highway 7 ~ Estimated Project Schedule 2024 NOV DEC 24OTAK INC. | Design & Engineering Services Multi-Use Trails Along US Route 34 & CO State Highway 7 We hereby confirm that Otak is in full compliance with the terms and conditions outlined in the Administrative Section of the RFP for the design and engineering services for the Multi-Use Trails along US Route 34 and CO State Highway 7. We have thoroughly reviewed the RFP and all addenda, and we agree to adhere to all requirements, guidelines, and standards specified therein. Our proposal includes all necessary documentation and acknowledgments as required by the RFP. G. Statement of Compliance I. EXHIBITS Appendix 13 EXHIBIT 1 TOWN OF ESTES PARK ACCEPTANCE OF CONDITIONS STATEMENT No employee, elected or appointed official of the Town of Estes Park, or any such person’s spouse or dependent child has an existing or pending, direct or indirect, financial, ownership or personal interest in the proposing firm of this Request for Proposal, except as follows: I/we hereby agree to all instructions, terms and conditions, and specifications contained herein: I/we acknowledge receipt of the following Addenda: 1 Proposing Firm: Otak, Inc. Address: 371 Centennial Parkway, Suite 210, Louisville, CO 80027 Telephone Number: Submitted By: Signature Printed Name: Title: Date: 11-21-24 Attest: Signature Printed Name: (303) 444-2073 Trails Practice Area Manager Scott Belonger, PE Henry Alaman, , Colorado Regional Director 14 EXHIBIT 2 CONSULTANT’S PERSONNEL AND SUBCONSULTANT LISTING Name: Role: Scott Belonger, PE Principal-in-Charge Kit Clunis, PE Project Manager, Project Contact Tim Rohan, PE Project Engineer David Graff, PE Structural Engineer Jacob Hanson, PE Geotechnical Engineering Lead John Doty Easements and Property Assessments Lead Mitch Hauff Val Kindgren Kasey Hayes Subsurface Utility Engineering Lead Joseph Leary Kayce Keane, PLS Jason Emery, PLS Right-of-Way and Survey Lead Steve Sigler, PLA Sarah Smith Kristina Kachur, AICP Taylor Broyhill, AICP Environmental, Landscaping, Public Engagement Lead Senior Right-of-Way Agent Right-of-Way Consultant Subsurface Utility Engineer Right-of-Way and Survey Principal Environmental Planner Open Space and Trails Planner Open Space and Trails Planner ILLEGAL ALIENS: Insert additional lines if needed. The Contractor certifies that the Contractor shall comply with the provision of CRS 8-17.5-101, et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that it: (i)has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and the Department of Homeland Security, or (ii)otherwise will comply with the requirements of CRS 8-17.5-102(2)(b)(I). The Contractor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or CRS 8-17.5-101, et seq., the Town may terminate this contract for breach of contract, and the Contractor shall be liable for actual and consequential damages to the Town. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall: (a)Notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b)terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub-paragraph (a.) above, the subcontractor does not stop employing or contracting with the illegal alien, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 15 EXHIBIT 3 TOWN OF ESTES PARK REFERENCE AUTHORIZATION AND RELEASE FORM To: A Corporation By: , A Partnership whose address is (Proposer) An Individual Proposer hereby authorizes Town to perform such investigation of proposer as the Town deems necessary to establish the qualifications, responsibility and financial ability of proposer. By its signature hereon, proposer authorizes owner to obtain reference information concerning proposer and releases the party providing such information named above and the Town from any and all liability to proposer as a result of any such reference information provided. Proposer further waives any right to receive copies of reference information provided to the Town. An executed copy of this Reference Authorization and Release Form may be used with the same effectiveness as an original. By: Print Name: Title: Date: Otak, Inc. 371 Centennial Parkway, Suite 210, Louisville, CO 80027 11-21-24 Scott Belonger, PE Trails Practice Area Manager Jamin Rucker, Project Manager (Town of Estes Park Public Works Department) RESUMES Appendix Scott Belonger PE Principal-in-Charge As Principal-in-Charge, Scott will be pivotal in overseeing the project, providing strategic oversight, and ensuring the team’s alignment with the project and the Town of Estes Park’s goals. With an extensive background in overseeing trail and path projects, Scott has a demonstrated track record in project management. He understands how to deliver a project on time and within budget. Actively collaborating with stakeholders, project managers, and team members throughout a project, he prioritizes client satisfaction and adeptly navigates varied expectations. EXPERIENCE 25 years EDUCATION BS, Civil Engineering (University of Wisconsin) REGISTRATIONS & CERTIFICATIONS Professional Engineer, CO, #35413, 2001 Professional Engineer, NM, #25785, 2019 Professional Engineer, WY, #17538, 2001 AFFILIATIONS Professional TrailBuilders Association (PTBA) American Trails Selected Project Experience Fall River Trail Extension; Estes Park, CO Project Manager and Engineer—On behalf of Otak, Scott has led this project which involves the extension of the Fall River Trail, a ten-foot-wide, two-and-one-half-mile concrete multi-purpose trail. This extension will run along the south side of US 34 and connects the existing trail from Estes Park, which ends near Castle Mountain Lodge, to the Fall River Entrance of Rocky Mountain National Park. This project was initially designed in 2015-2017 and has been constructed in segments as construction funding has been secured. Approximately two miles of the trail system have been completed. Otak is currently completing construction documents for the “Final Segment”. Scott has been the project manager for all phases of this project. Maroon Creek Trail; Aspen, CO Project Manager and Engineer—Scott led the design services to create a safe, year-round connection between the Castle Creek and Maroon Creek roundabout near SH 82 and the Highlands Trail near the Aspen Recreation Center. He provided trail design, 3D modeling, and cost-estimating services. Previously, the connection between the roundabout and the ARC was a poorly defined mixture of trail, sidewalk, and roadway. While functional, it lacked clarity, creates potential conflicts between vehicles, pedestrians, and bicyclists, and did not provide a snow-free route year-round. Otak provided final design, cost-estimating, and construction documents while considering how to provide separation from the school pathways and how to interact with the area’s well-established Nordic trails. Eagle Valley Trail (Phase 2); Eagle County, CO Project Manager—After partnering with Eagle County ECO Trails on the preliminary design phase, Otak was awarded Phase 2. It ties into the existing Phase 1 segment running parallel to US Highway 6 and had originally included a new asphalt multi-use path, pre-fabricated single- span steel bridge, and structural retaining walls along the Eagle River. Otak suggested a two - phase approach, allowing for collaboration between CDOT and ECO Trails to explore potential alterations to the lane configuration of US Highway 6 through the narrows, reducing or potentially eliminating the need for retaining walls and the bridge. The lane reconfigurations were approved by CDOT to reduce the need for structures to fit the trail in this challenging corridor. Otak has completed the final design. Kit Clunis PE Project Manager and Project Contact As a project manager, Kit is responsible for overseeing the design and preparation of construction documents for the two trail projects. He will work closely with the team, Town of Estes Park staff, and stakeholders to ensure that the design meets the project goals, budget, and schedule while meeting the Town’s needs. His expertise includes rural and urban roadway design, roundabouts, major and minor intersection design, and storm sewer systems. He is proficient in utilizing various engineering software programs including AutoCAD, Microstation, Civil 3D, and OpenRoads. EXPERIENCE 17 years EDUCATION BS, Civil Engineering (University of Wyoming) REGISTRATIONS & CERTIFICATIONS Professional Engineer, CO, #49059, 2014 Professional Engineer, WY, #14064, 2013 Selected Project Experience 6th and Colorado Roundabout; Dacono, CO Transportation Engineer—Otak is providing design services for the 6th and Colorado Roundabout, in which Kit is helping reconstruct 1,000 feet of roadway with a two-lane roundabout at Colorado Avenue and 6th Street. The new roundabout will connect to the existing roundabout West of Colorado Avenue while providing access East into Downtown Dacono. Services include topographic surveys, geotechnical investigations, subsurface utility engineering, roadway design, easement and ROW coordination, signing, striping, and drainage improvements. Pedestrian and bike facilities will also be considered within the corridor for connections to the park and adjacent neighborhoods. The roundabout will provide traffic calming and impacts to adjacent private properties will be considered. Project Experience Prior to Otak Owl Canyon Road Phase IV; Larimer County, CO Project Manager—Kit oversaw the design of six miles of rural roadway widening and a single- lane roundabout at the County Road 70 (Owl Canyon Road) and County Road 9 intersection. Kit oversaw/coordinated the structural design, environmental, hydraulics/hydrology, utilities, survey, and ROW aspects. Five structures were replaced including two culverts and three bridges, two of which were for irrigation canal crossings. Challenges included coordinating with the irrigation entity and obtaining a floodplain permit due to the intersection’s location in a floodplain. Traffic control was crucial due to the lack of a nearby detour route, in which shoe flies and a temporary roadway was designed for the construction. The project addressed future traffic volume increases and existing corridor safety issues. US 34 Widening; Loveland, CO Lead Engineer and Assistant Project Manager—Kit was a part of a project involving the design of widening US 34 to three lanes from Denver Avenue to Boyd Lake Avenue. As lead engineer, Kit determined the lengths of auxiliary lanes as well as tightly controlling the vertical design. This was important since curb and gutter, along with a storm sewer was added to the road, which previously utilized roadside ditches. Widening and redesign at four separate intersections were also required, two of which had future development designs that needed to be accommodated. The project schedule was vital to the City of Loveland to match CDOT’s concurrent widening work at the US 34 and I-25 intersection, which ensured three lanes of traffic for the corridor without creating a bottleneck. Tim Rohan PE Project Engineer Tim has seven years of experience supporting the planning, evaluation, design, and construction of land and site development projects across the Colorado region. With an emphasis on urban drainage and infrastructure, Tim has successfully permitted and completed complex mixed-use development packages and provided thorough construction administration from start to finish. Tim is known for his ability to communicate, organize, and provide detailed information to clients and design teams. In his career, he has helped complete community stabilization projects, school developments, turf fields, parks, and mixed-use developments. EXPERIENCE 7 years EDUCATION BS, Civil Engineering (University of Florida) AA, Engineering (Santa Fe College) REGISTRATIONS & CERTIFICATIONS Professional Engineer, CO, #60197, 2022 SWMP Preparer Certification (CDOT) #F5B908EF Selected Project Experience Fall River Trail (Final Segment); Estes Park, CO Transportation Project Engineer—Tim is the active project engineer on behalf of the Otak team who is providing engineering and drafting final design and construction documents on the approximately 0.7-mile final segment of this trail. Tim has coordinated trail alternatives, drainage, and produced intermittent documents to supplement the Town of Estes Park’s design decisions. When completed, the Fall River Trail will provide over four miles of a non-motorized, multimodal connection from downtown Estes Park to Rocky Mountain National Park. Construction is anticipated to begin in Fall 2025. Maroon Creek Trail (Phase 2); Aspen, CO Transportation Project Engineer—Tim assisted Otak in creating a safe, year-round connection between the Castle Creek and Maroon Creek roundabout near SH 82 and the Highlands Trail near the Aspen Recreation Center (ARC). Previously, the connection between the roundabout and the ARC was a poorly defined mixture of trail, sidewalk, and roadway. While functional, it lacked clarity, created potential conflicts between vehicles, pedestrians, and bicyclists, and did not provide a snow-free route year-round. Otak provided final design, cost-estimating, and construction documents while considering how to provide separation from the school pathways and how to interact with the area’s well-established Nordic trails. Tim provided a written drainage report, stormwater design, and finalized construction documents for the City of Aspen Parks and Open Space. Southwest Weld County Trail - Phase 1; Longmont, CO Transportation Project Engineer—Tim is the active project engineer on phase 1 of the multi-use concrete trail that will connect Union Reservoir (City of Longmont) and the Town of Mead via the WCR 26 and WCR 7 corridors. Our team is developing construction documents for the first phase of the two-mile-long trail. The work involves CDOT right-of -way plans and considerations, Town of Mead, Firestone, Weld County, and City of Longmont standards, property owner coordination, developing a construction cost estimate, as well as floodplain permitting and hydraulic modeling due to the required crossing of the structure over the St. Vrain Creek floodplain. Tim’s tasks include drainage engineering, design coordination, drafting, and trail development. The project is currently in the CDOT FOR design phase. David Graff PE Structural Engineer David is a structural engineer, bridge inspector, and project manager who utilizes his diverse experience in a variety of structural engineering projects—from buildings to bridges, retrofits to new construction, and timber to steel and concrete. No matter the project, David can successfully develop unique and economical solutions to meet the design challenges. His structural design and project management experience includes bridge and building design, structure modification, bridge rehabilitation (including historic bridges), alternatives analysis, cost estimation, and construction engineering. His designs begin with listening to and understanding the needs of his clients to find the best design solutions that take cost, constructability, and aesthetics into consideration. EXPERIENCE 12 years EDUCATION MS, Civil Engineering (University of Colorado Boulder) BS, Civil Engineering (Southern Illinois University) REGISTRATIONS & CERTIFICATIONS Professional Engineer, CO, #53512, 2017 Professional Engineer, CA, #83783, 2014 Professional Engineer, MT, #70381, 2020 FHWA NHI – Safety Inspections of In-Service Bridges Selected Project Experience Maroon Creek Trail (Phase 2); Aspen, CO Project Engineer—David assisted Otak in creating a safe, year-round connection between the Castle Creek and Maroon Creek roundabout near SH 82 and the Highlands Trail near the Aspen Recreation Center. David provided the structural design for the new concrete abutment, wingwalls, pier, and retaining walls. He also coordinated with the original bridge manufacturer to realign the bridge while ensuring the original bridge design was maintained. Previously, the connection between the roundabout and the ARC was a poorly defined mixture of trail, sidewalk, and roadway. While functional, it lacked clarity, creates potential conflicts between vehicles, pedestrians, and bicyclists, and did not provide a snow-free route year-round. Otak provided final design, cost-estimating, and construction documents. Triple Creek Trail; Aurora, CO Project Engineer—The Otak team has completed a proposed 90% design for the Triple Creek Trail. The Otak team has provided trail design and engineering services to the City of Aurora for a three-mile, eight-foot-wide, soft surface extension of Triple Creek Trail. The trail proposes three low-water crossings across Sand Creek, Coal Creek, and Murphy Creek. David provided structural design for the project's low-water crossings and retaining walls. Animas Trail North—Memorial Park to Oxbow Park; Durango, CO Project Engineer—David was a part of the Otak team in the design of a multi-phase extension of a 10-foot-wide concrete multi-use trail, including three bridge crossings over the Animas River, the Durango and Silverton Narrow Gauge Railroad tracks, and over East 32nd Street. Another phase extends the trail north from Animas City Park through a narrow corridor constrained by topography, existing utilities, and the Durango and Silverton Narrow Gauge Railroad to East 36th Street. The third phase included an at-grade trail crossing of the railroad at East 36th Street and a stretch of trail near an existing grade between the railroad clear zone and private property. This phase included roadway, drainage, and private driveway improvements necessary for trail construction. John Doty Principal / Project Manager Western States Land Services, LLC – 19 years 505 North Denver Avenue, Loveland, CO 80537 (970) 667-7602, jdoty@ws-ls.net Profile John is an experienced consultant specializing in complex ROW acquisitions, project management and relocation. Throughout his 18 years of experience, he has successfully acquired millions of dollars in ROW for transportation and utility projects. His goal is to help clients create and implement acquisitions policies and strategies that meet statutory requirements while maintaining the standards they have for themselves. Qualifications: CDOT Qualified Acquisition Agent CDOT Qualified Relocation Agent 19 Years ROW Experience IRWA Coursework Experience: Project Management Statutory Acquisitions Land Valuation Permitting Public Outreach Title Examination Negotiation Commercial Relocation Residential Relocation Court Testimony Damage Settlements Education: Mesa State College Grand Junction, Colorado 2001-2005 Business Administration Sample Project Experience CDOT - I-25 Express Lanes Project (SH 14 to SH 1 and SH 128 to SH 7). Worked with CDOT to acquire necessary ROW to complete I-25 expansion. Larimer County – Poudre River Trail Project. Working with Larimer to complete the last segment of this regional trail project in Larimer County. Required lengthy negotiations with the developer landowner. Project is federally funded. Town of Superior – Superior Trail: BRT To Davidson Mesa. Worked with Otak (formerly Loris) to acquire trail easements for the Town on this federally funded project. City of Fort Collins – North College Pedestrian Gap. This project bridged the gap between the City’s North College Improvements project and Larimer County’s N. 287 project. Town of Johnston – Little Thompson River Trail. Helped the Town acquire trail easements for this federally funded project. Larimer County – N. Shields between Vine and Willox. Helped County acquire right of way to improve LCR 17 between Vine and Willox. Improved bridge over the Poudre River. Town of Windsor – Poudre River Trail. Worked with the Town of Windsor to acquire trail easements to complete the Windsor segment of this large regional trail project. This project was federally funded. *Many more sample projects available upon request B o u l d e r L a n d C o n s u l t a n t s 2 ▼ KEY PERSONNEL ▼ Kayce D. W. Keane, PLS, President Colorado Registered Professional Land Surveyor No. 38197 (2009) Wyoming Registered Professional Land Surveyor No.13402 (2012) North Carolina Registered Professional Land Surveyor No. 4666 (2007) Kayce started her career in 2003 on the back of her Bachelor of Science degree in Applied Mathematics (Concentration in Physics with a Minor in Astronomy). After graduating college, she began land surveying in western North Carolina. She then took over 30 hours of coursework from the ABET-accredited Surveying and Mapping Science program at East Tennessee State University (2004-2005). This expedited earning her first license in North Carolina in the spring of 2007. Upon moving to Boulder, she attained her land surveying license in Colorado (2009) as well as Wyoming (2012). In 2012, she received her Master of Science in Geographic Information Science. Her experience includes working on a variety of boundary surveys, CDOT Right of Way Plans, mineral surveys, bathymetric surveys, windfarm projects,private/commercial ALTA/NSPS Land Title Surveys and government-owned properties. Since 2008, Kayce has fervently served the Colorado land surveying community by serving in leadership roles for a number of organizations including the Professional Land Surveyors of Colorado (PLSC), GIS in the Rockies, and Rocky Mountain Surveyors Summit. Education: University of Denver, Denver, Colorado, Masters of Science, Geographic Information System, (2012) East Tennessee State University, Johnson City, TN (2004-2005) 33 hours of intensive Surveying coursework Appalachian State University, Boone, North Carolina (1999-2003), Bachelor of Science, Applied Mathematics; Concentration Physics; Minor Astronomy Professional Qualifications: GIS in the Rockies Planning Committee Member - 2008 to 2010 GIS in the Rockies Board Member - 2010 to 2014 Legislative Committee Member for the PLSC – 2009 to 2012 President of the Northern Chapter of the PLSC – 2011 to 2014 Director for the PLSC – 2013 to 2015 Vice President and Education Chairman of the PLSC 2015-2017 Chairman of the Executive Planning Committee for the Rocky Mountain Surveyors Summit - 2019 to current Awarded ‘Distinguished Service’ by the PLSC in 2013 Awarded ‘Distinguished Service’ by the PLSC in 2015 Awarded ‘Distinguished Service’ by the PLSC in 2016 Awarded ‘Surveyor of the Year’ by the PLSC in 2020 Steve Sigler, PLA Landscape Architect Steve is a licensed landscape architect in Colorado, Wyoming, and New Mexico with more than 18 years of experience. He has provided design, project management, and construction documentation and administration on a variety of parks, natural areas, river corridors and restoration, trails, public campuses, museums sites, and streetscape projects. Steve is well versed in leading a project through design, client and team coordination, schematic through construction document phases, and construction administration/observation. He has served as the project manager and designer on multiple task orders stemming from on-calls with the EPA Equitable Resilience Blanket Purchase Agreement; City and County of Denver; cities of Fort Collins and Greeley; Colorado Department of Corrections; Bureau of Land Management National Scenic and Historic Trails BPA; and Osceola County, Florida. He focuses on providing well received designs while managing a project to stay on budget and on schedule. Education B.S. Landscape Architecture, Colorado State University, 2005 Professional Registrations CLARB Certified Landscap e Architect (#34752) Licensed Landscape Architect (Colorado #1143), Wyoming (LA-0240C), New Mexico (LA-2023-0012) Professional Affiliations American Society of Landscape Architects (ASLA) Selected Projects •Fall River Trail Extension, Estes Park, Colorado •SH9/Iron Springs Road and Trail Landscape and Aesthetics, Colorado •BLM Wyoming National Historic Trails, Wyoming •BLM National Historic Trails Interpretive Center Site Renovations, Casper, Wyoming •River’s Edge Natural Area, Loveland, Colorado •NPS Colorado National Monument Saddlehorn Amphitheater Renovation, Fruita, Colorado •BLM Sloan Canyon National Conservation Area (NCA) Visitor Contact Station, Henderson, Nevada •Stanford and Balsam Park Renovation, Denver, Colorado •Garland and Saratoga Park Renovation, Denver, Colorado •Mehaffey Park, Loveland, Colorado •Lincoln Corridor Plan, Fort Collins, Colorado •Erie Parkway Corridor Plan Erie, Colorado •Viestenz-Smith Mountain Park Design, Loveland, Colorado •Chatfield Reservoir Recreation Facility Design, Jefferson County, Colorado •Douglas Master Plan, Wyoming •McCall in Motion Comprehensive Plan Update, Idaho Jacob Hanson, P.E.|Associate Principal/Project Engineer Qualifications Summary Jacob has 12 years of experience in the geotechnical and construction materials testing industry. He has experience with multiple phases of construction observation and testing on soils and mass grading, drilled and auger cast pier construction, reinforced concrete, reinforced masonry construction, asphalt and concrete pavement construction, floor flatness/ floor levelness, and fireproofing observation and testing. He is responsible for geotechnical subsurface investigations related to project specific studies for various project types. Professional Experience ▪Big Dry Creek Trail Connections (Thornton, CO): Performed the geotechnical engineering study for a new pedestrian bridge over Big Dry Creek. The project consisted of a single span structure design with an approximate length of 77 feet and width of 12 feet. Earthen embankments were included in the deign to elevate the bridge deck approximately 6 feet. ▪Skylake Ranch Open Space Land Improvements (Thornton, CO): Performed the geotechnical engineering study for planned improvements to Skylake Ranch Open Space near 119th Avenue and Holly Street in Thornton. The planned improvements trail and sidewalk connections, shade shelters, furniture, lighting and signage throughout the open space. ▪Thornton Park (Thornton, CO): Performed the geotechnical engineering study to create a “pocket park” to meet community needs. The park includes a playground area, sport court area, open play area, trail and sidewalk connectivity, and shade shelters. ▪Windsor Neighborhood Park Design (Windsor, CO): Performed the geotechnical engineering study for the design of a neighborhood park consisting of a network of paved pedestrian trails, play structures, ball fields, a basketball court, restrooms, and other park features. ▪Grange Hall Creek Park Rehabilitation (Thornton, CO): Project engineer for the geotechnical engineering study for improvements to Grange Hall Creek Park. The improvements include a new playground and sport court area, trail and sidewalk connections, shade shelters, and fix furniture. ▪Lutz Overlook (Arvada, CO): Performed the geotechnical engineering study for a scenic area located near Miller Street and Kipling Parkway named Lutz Overlook. The area consists of a 480 square foot picnic area and overhead canopy. The surrounding area is landscaped and includes other park amenities, not included in the project’s scope of work. ▪Ken Pratt Boulevard (State Highway 119) Improvements (Longmont, CO): Project engineer for the geotechnical engineering study and pavement thickness design for improvements to Ken Pratt Boulevard. The improvements include the widening of Ken Pratt Blvd west of South Pratt Parkway and east of Nelson Road from 4 lanes to 6 lanes. A continuous concrete paved center median for left-hand turning movement along the entire project alignment is also part of the project and includes 3,500 lineal feet of roadway construction. ▪Broadway/Ute Highway Improvements (Lyons, CO): Project engineer for the geotechnical engineering study and pavement thickness design for improvements near the intersection of Broadway and 3 rd Avenue. Improvements include new curb and gutter, parking spaces along Broadway, a pedestrian path along the south side of Broadway, a retaining wall, and 2,000 lineal feet of roadway construction. ▪Colorado Boulevard & Tipple Parkway Intersection Improvements (Frederick, CO): Project engineer for the geotechnical engineering study and pavement thickness design for the intersection. The improvements provided additional auxiliary acceleration and deceleration turn lanes, striping, signage, and new traffic signals with updated timing to accommodate the new five-lane configuration at the intersection. Other aspects of the improvements included new ADA curb ramps, sidewalk connections, and pedestrian crossing controls. Jacob Hanson, P.E. Associate Principal/Project Engineer Education Washington State University B.S. Civil Engineering, 2010 Professional Registration Registered Professional Engineer Colorado Total Experience 16 years Training OSHA 10 CPR Confined Spac e Fire Extinguisher Training Traffic Control Supervisor BNSF Certified Omnitrax Certified Memberships Weld County Damage Prevention Council, Secretary Utility Notification Center of Colorado, Member ACEC, Member Approved Century Link Contractor Subsurface Utility Engineering Association Expertise Vacmasters 4000 Radio Detection 8100 Series Tellus Vac Systems Ground Penetrating Radar Fulcrum Mobile Data Collection Go-Pro 360 Degree Imagery Kasey Hayes, Subsurface Utility Engineering Leader Kasey is a subsurface utility engineering (SUE) technician with over a decade of experience designating and locating underground utilities. Kasey has experience working in and around underground utilities ranging from common utilities to high-profile infrastructure. This experience has been gained throughout northern Colorado over the past 14 years. Recognizing that utility owners and infrastructure differ from city to city, Kasey is adept at utility locating, designating, identification, and risk management for every type of existing utility. Kasey is a recognized Damage Prevention Specialist known for his rapid response to clients’ needs and commitment to quality. Select Experience•Elberta Sidewalk & Pedestrian Bridge Improvements, Town of Palisade, CO: Provided utility locating (QLB & QLA) services in support of a new sidewalk & pedestrian bridge along E. Elberta Avenue in Palisade, CO. Project invovled performing a complex utility investigation using surface geophysical instruments to locate utilities within the project limits. Ayres worked closely with the principal and design engineers to accommodate changes in the sidewalk and bridge design by performing QLA potholes to verify utility details.•Weld County Trail Alignment SUE, Weld County, CO: Provided utility locating (QLB & QLA) services in support of a new trail system connecting Union Reservoir & nearby residential developments to St. Vrain State Park. Project included approximately 3 miles of utility locating along CR 7 & CR 26, and 1 mile outside St. Vrain State Park.•Estes Park US 36 Wall, Estes Park, CO: CDOT Region 4 hired Ayres to provide hydraulic design and SUE services for a proposed wall embankment to be installed between CO36 and the Big Thompson River in Estes Park. All four quality levels of SUE services were performed to discover what utilities may conflict with the proposed wall. Ayres designated (QLB) multiple utilities in this area, including performing two test hole excavations (QLA) on an Xcel Energy gas main that was determined to be in conflict with the proposed wall.•Town of Palisade Clifton Sanitation Line SUE, Palisade, CO•Boston Avenue Extension & Connection SUE, Longmont, CO•Harmony Power Trail SUE, Fort Collins, CO•College Avenue Intersections SUE, Fort Collins, CO•7th & Main Intersection SUE Services, Windsor, CO•Berthoud 3rd Street Improvements SUE Services, Berthoud, CO•County Line Shoulder Improvements SUE Services, Longmont, CO•WCR 70 Extension Hydrology & Hydraulics and SUE, Windsor, CO•Town of Frederick CR 11 & 20 SUE Services, Frederick, CO•Windsor Town Campus THs and QLD, Windsor, CO•Loveland PRPA Fiber Installation SUE, Loveland, CO 371 Centennial Parkway, Suite 210, Louisville, CO 80027 • Phone (303) 444-2073 • otak.com Design And Engineering Services Nov 21 2024 Multi-Use Trails Along US Route 34 & CO State Highway 7 November 21, 2024 Town of Estes Park Public Works Department Jamin Rucker, Project Manager 170 MacGregor Avenue Estes Park, CO 80517 Emily Sedbrook, PE Project Manager P | 720.352.9581 E | esedbrook@mullereng.com RE: Design and Engineering Services, Multi-Use Trails Along US Route 34 & CO State Highway 7 KEY CONTACT Dear Jamin and Members of the Selection Committee, The Town of Estes Park (the Town) requires a consultant with extensive experience in projects that help enhance existing trails along a roadway corridor similar to the two trails in this proposal. These types of corridor improvements are essential for fostering safe and accessible community connections. Muller Engineering Company (Muller) is well- prepared to deliver a design that strengthens the Town’s infrastructure while aligning seamlessly with your vision for a connected, user-friendly trail network. With extensive experience in similar civil engineering projects and a robust background in trail design within CDOT rights-of-way, we are confident in our ability to meet the expectations outlined in your RFP. Throughout our proposal, you will see our team brings proven expertise in all aspects of this project’s scope, including planning, community engagement, schematic design, and preparation of construction documents. We understand the importance of meeting ADA compliance, incorporating MUTCD and AASHTO Guide for the Development of Bicycle Facilities, and aligning with the Estes Valley Master Trails Plan. Our design strategy will prioritize safety, accessibility, and sustainability to support the Town’s vision for a connected and inclusive trail network. In our approach section, we will expand on our proposed schedule and the milestones that accompany each task within this project. We affirm our compliance with all terms and conditions set forth in the RFP’s Administrative Section. We confirm that we meet all mandatory requirements, with personnel possessing the necessary knowledge, skills, and availability to fulfill the project scope. Additionally, we are financially equipped to provide successful project completion. In compliance with CRS 8-17.5-101, we certify that we do not and will not employ or contract with unauthorized individuals and will adhere strictly to employment verification standards. We acknowledge receipt of Addendum 1 on 11/1/24. We appreciate the opportunity to collaborate with the Town of Estes Park on this impactful project and look forward to discussing our proposal further. Please feel free to contact Emily Sedbrook at (720) 352-9581 or esedbrook@ mullereng.com should you have any questions. Sincerely, Emily Sedbrook, PE Matt Andrews, PE Project Manager *Authorized Signatory 1Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 A. Brief summary of the proposal Our proposal for this project follows the requirements outlined in the Request For Proposal for Design and Engineering Services - Multi-Use Trails Along Us Route 34 & CO State Highway 7 issued in Addendum 1, Required Proposal Elements. We understand the project goals for the two existing trails are to provide upgraded trail infrastructure that meets today’s geometric standards, and improved accessibility for trail users through conformance with the Americans With Disabilities Act and the AASHTO Guide for the Development of Bicycle Facilities. We developed an understanding of the project work through a site visit, attending the pre-proposal meeting and reviewing the RFP. The Town of Estes Park will benefit from Muller’s team experience and approach to the design through our unique approach to the project survey work, and our plan to develop a trail alignment and geometric design that will meet the project goals. Our design approach outlines surveying and data collection techniques, trail design, treatment of side streets, approaches, and parking areas. We outline our ability to assist the Town in phasing the project and perhaps assisting with project funding. We also address public involvement, drainage, and potential structure requirements. Our approach outlines how our team will manage the project with Town staff and help keep it a high quality project completed on schedule and budget. After our engineers walked the trail alignments, we determined some of the critical issues and propose ways to address them to meet the Towns project goals. Some of these include keeping trail users out of vehicular traffic, upgrading drainage, preserving existing landscaping, avoiding utility conflicts, and working with CDOT. Our proposal outlines our experience with trails that parallel CDOT highways and assisting clients to obtain access and utility permits from CDOT. We provide details on how we designed 8.3 miles of trail along US 6 in Clear Creek Canyon where steep terrain created similar constraints to those in Estes Park. Over the last five years, Muller engineers designed over 77 miles of trails, with 14 of those miles in steep Colorado Rocky Mountain terrain. Our project team, qualifications, expertise and experience includes an organizational chart showing our team structure, along with resumes of our individual team members and our subconsultant partner roles and areas of expertise. Finally, we provided our proposed project schedule and, statement of compliance and required Exhibits 1-3. B. Statement of understanding, showing familiarity with the scope of services The Town plans to improve two existing trails along two of its main travel corridors. One of the trails, along US 34 is currently an asphalt trail that extends from the Estes Park Visitor’s Center to the Lake Estes Marina. The trail provides a connection to the Lake Estes Trail from the center of town through the hotel corridor allowing users to enjoy the beauty of Estes Park as they travel from restaurants, shops or hotels. The trail will be improved by creating a widened 8’ concrete trail with better accessibility. The upgrade of the trail through improved grades and material brings the opportunity to allow for safer navigation through the multiple parking lots and accesses along the corridor. The second trail is along CO 7 and extends from Graves Avenue to Carriage Road. The importance of the trail is illustrated through the connections it offers to the Estes Park Community Center and Estes Park Elementary School which lie to the east on Graves Avenue. The trail section to be improved proceeds south from Graves Avenue through residential and commercial zones before ending at Scott Ponds Playground. The existing asphalt trail does not meet ADA compliance due to its grades in some areas and cross slopes in others. Creating a wider 8’ concrete trail with ADA compliance will benefit the community with its improved connection. To become familiar with the project area and requirements, Muller engineers reviewed the Request for Proposals, attended the pre-proposal meeting on October 31, 2024, and reviewed the two project corridors in the field. Walking the corridors gave us a good understanding of the feel of the existing trails and some of the improvements that could help make them more accessible. Muller has history working in both of these corridors from our work designing the intersection improvements at US 34 and Mall Road, and designing corridor-wide improvements along CO 7 from Estes Park to CO 72. 2Town of Estes Park Public Works Department Project Goals Based on information shared at the pre-proposal meeting, we understand the project goals are to create new trails that will provide better defined trail alignments and improved accessibility for trail users through conformance to Americans With Disabilities Act (ADA) design standards, Estes Valley Master Trails Plan, American Association of State Highway and Transportation Officials (AASHTO) Guide for the Development of Bicycle Facilities, and the Manual on Uniform Traffic Control Devices (MUTCD). Some of the objectives to meeting the goals are as follows: • Determine locations where ADA requirements are not currently being met by the existing trails • Avoid/minimize right-of-way acquisition • Use concrete trail in all areas including local street crossings and parking lot areas • Avoid/minimize utility conflicts • Improve ADA compliance at existing pedestrian crossings across US 34 and CO 7 • Minimize stormwater/snowmelt water flows across the trail • Restore disturbed areas with native seed mixtures • Engage the community for input on design Work not a part of the trail improvements: • Modifications to existing traffic signals • Pedestrian lighting • Improvements to existing state highways Multi-Use Trails Along US Route 34 & CO State Highway 7 3Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 C. Proposed approach to the work and control as outlined in the scope of services Design and Right-of-Way (ROW) Survey The design and ROW survey are two critical path and critical design elements to be completed as early in the schedule as possible. The ROW survey is necessary to determine areas where the existing trail encroaches on private property. The design survey is required for our design team to evaluate where the existing trail does not meet ADA accessibility requirements, due to steep profile grades and steep cross slopes. Unique Approach to Design Survey: Muller proposes a unique approach to getting an early start on this project. There is some risk that ground surveys for the project could be delayed due to weather and snow conditions. With an anticipated start date of December 13, 2024, there is a reasonable chance that snow cover in Estes Park could impede ground survey work. As part of the CDOT 2013 Flood Recovery Team, Muller has access to topographic LIDAR mapping collected along the North Front Range to assess flood damage and recovery planning. While not completely suitable for final design, the mapping is accurate to within several centimeters. Regardless of the weather, we propose to use this mapping to complete our initial trail planning and 30% design for the two trail alignments. Estes Park will benefit from this approach because we can evaluate alternatives for each trail and focus ground survey efforts on the preferred alignments. This method enhances both the accuracy and cost-effectiveness of the surveys by aligning them closely with the preferred trail design. Trail Design Immediately upon notice to proceed, we will utilize the LIDAR mapping to review the existing trail alignments to determine locations where grades and cross slopes do not meet ADA requirements, and determine locations where the trail may be outside of existing ROW. For ROW information, we can initially use Larimer County property maps and CDOT ROW maps. We will also look into the CDOT archived ROW plans to gather more accurate information. This will allow us to start on design prior to final surveyed ROW being available. Our approach to designing the new 8-foot concrete trails is to meet ADA and AASHTO Guide for the Development of Bicycle Facilities design criteria to the greatest extent possible. Considering that Estes Park is a mountain community, we anticipate some areas may require grades more than 5% and/or cross slopes greater than 2% based on existing topography. In some areas, the trail may need to be located next to the roadways at the back of curb to meet grade and cross slope requirements. We aim to minimize these areas to benefit the experience of the trail users and minimize user vulnerability. In areas where full ADA compliance is not feasible or practical, we will implement the philosophy that we have used on other trail projects in challenging terrain, to design a useable trail which provides a quality trail experience for individuals using mobility devices. The ability to start work prior to ground survey will enable our design team to determine locations of challenges along the project corridors early in the design schedule thus allowing appropriate time to prepare designs that best meet project goals and objectives. The 30% design work will enable us to prepare cost estimates for the construction to compare to the Town’s funding plan. Alternative alignments will be analyzed and presented during the 30% design phase. Muller plans to provide comparisons based on safety, cost, right-of-way impacts and constructability to allow for the best alternative to be chosen. Once a preferred alignment is determined by the Town after the 30% design phase of the project, it can be presented to the public and the Transportation Advisory Board (TAB). With public input incorporated, the design will progress to the final design phase of the project, including the final detailed design and ROW survey work. 4Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 Side Streets, Driveways and Parking Areas The Town plans to construct the new concrete trails across side streets, driveways and parking areas that are paved with asphalt. This will provide better route delineation for trail users throughout the corridor and alert traffic crossing the trail alignment to their presence. Many of the crossing locations are on steep grades that exceed the ADA maximum cross slope of 2%. A large part of the preliminary design effort, especially in the Hotel Corridor on US 34, is analyzing the grades at the crossings. The design goal is to create an ADA compliant trail cross slope without creating unsafe, hazardous conditions along the crossings for the side street, driveway, or parking area. A typical cross slope treatment is illustrated below. Project Construction Phasing At the preproposal meeting, Jamin Rucker and Jeff Bailey explained that project funding for the US 34 and CO 7 Trail Reconstruction is anticipated to be through sales tax money. They anticipate about $600,000 per year over the next ten years. As part of the design process, Muller engineers can assist the Town in establishing segments of the trails that can be constructed in $600,000 increments, creating useful, contiguous sections of the trail while maintaining access to the entire corridor between construction phases. With the early survey work, our team will be able to start this process during the 30% design phase. Value Added Service Muller’s in-house services include supporting clients with grant applications. Potential grant sources for this trail project include Great Outdoors Colorado (GOCO), Multimodal Transportation and Mitigation Options Fund (MMOF), and Rebuilding American Infrastructure With Sustainability and Equity (RAISE) grants. Perhaps a grant could help fund these projects in a shorter timeframe than 10 years. We have successfully helped clients secure $163,265,000 in grants over the last 7 years. Property Owners The RFP states that the Town staff will contact all adjacent property owners and tenants who will be impacted by the proposed improvements, post public notices, and hold public outreach meetings. 5Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 It is critical to visit with property owners along the Hotel Corridor where the new trail construction will impact driveway access and parking areas. Many of the Hotel Corridor property owners included the current trail into their parking lots and access roads by providing striping on their pavements. Based on Larimer County land maps and CDOT ROW maps, most of these areas are within the CDOT ROW, but some appear to be outside of the ROW. We will work with the staff to provide information to support their visits with the property owners. For the general public meetings, we can provide exhibits for presentation and up to two team members to provide support at up to two meetings. The Town may want to consider separate meetings for each corridor since the corridors are quite different. Please see section D and E for additional information on how we manage public involvement. Drainage Muller’s drainage engineers will conduct the hydrologic and hydraulic analyses required for the drainage report. We aim to perpetuate existing drainage patterns to the greatest extent possible, but will make adjustments as required to integrate the trail into the drainage system with minimal impacts. During our field review of the US 34 and CO 7 corridors, we noticed that there are existing culverts that could potentially flood the trail under the existing conditions. Our new trail design will carry the trail over any drainage crossings wherever possible to minimize flooding and potential freezing during winter months. We understand that the drainage design must consider more than storm runoff, and we will endeavor to minimize impacts of snowmelt runoff as well. The Critical Issues section includes some examples of potential drainage improvements. Structures In areas where trails are relocated, it is likely that retaining walls will be required in cut or fill sections due to the steep terrain. We anticipate that our primary geotechnical effort will be for retaining wall construction. When analyzing trail alignments required to meet ADA specifications, we will favor those that raise the trail grade, potentially requiring a retaining wall on a fill section. Cut sections are more likely to result in utility conflicts and/or potential impacts on the existing adjacent highways. Walls for fill sections could be MSE walls, rockery walls, or conventional concrete retaining walls. For cut sections, soil nail walls might be a better choice to avoid disturbing the adjacent highways. We will work with the Town staff to identify potential architectural treatments for the walls to enhance the aesthetics along these scenic corridors. While we do anticipate several walls along the corridor, we would aim to limit the height of the walls to four feet or less. This can be done by careful location of the trail or using tiered walls. Limiting the height of the walls will help to reduce the cost and effort needed in both design and construction. There are several existing wood retaining walls along the CO 7 Trail corridor that appear to be in good condition. Our structural engineers will evaluate these to confirm their continued use. They should be protected during construction if they are to remain. Project Management / Control Our passion for innovative project concepts will provide the Town with sensible solutions that address the Town’s needs in an efficient, creative, and cost-effective manner. We share your goal of providing a high level of quality throughout the project. Through each step of the project, we will identify task-specific goals and objectives, specify the required Town and CDOT standards and procedures, and establish milestones for task implementation. Existing Wood Retaining Wall on CO 7 Trail 6Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 Muller will partner with your staff to develop context sensitive and cost-effective trail reconstruction alternatives that integrate into project design and project delivery methods. We believe in open communication with the Town and pursuing project solutions in a collaborative fashion. We discuss project concerns internally as we develop design tasks and bring the discussion to your staff. The projects belong to the Town and we will seek input and direction as we progress through the design phase. The Muller team understands that the best way to manage challenges and changes to the project scope is to anticipate them. Frequent communication helps identify these challenges, particularly on a multi-disciplinary project. To that end, Muller will coordinate periodic meetings and schedule updates to make sure project proponents and approval agencies are given reasonable time to review documents. Muller’s in-house team of transportation, hydraulic, structural, and environmental engineers will also meet regularly to share insight and guide the development of the deliverables as a team. Succession Planning Our team is committed for the duration of the project. Based on the funding plan presented at the preproposal meeting, the project is planned to be constructed over a ten-year period. Our succession planning approach includes practicing daily mentoring, focused on training potential replacements. In addition, the versatile experience of our key personnel and our team structure provide comprehensive, redundant project knowledge, enabling us to fill any vacancy or identified need seamlessly. If something unexpected happens and one of our key personnel must be replaced, we will work collaboratively with the Town to determine who from the team is the best to backfill the vacancy, and how the team structure should flex to support that change. Control of budget, schedule and quality are outlined in Section D. I have worked with Muller since 2014 and over these years, Muller’s dedication, expertise, and adaptability have been pivotal in the success of several significant projects that have made a lasting impact on our communities and transportation infrastructure. Adnana Murtic, PE Boulder Residency, CDOT Region 4 7Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 S u m m i t D r Hi l l s i d e L n Vista Ln Grand E s tates D r L a k e f r o n t S t 34 34 34 Pawnee Dr A ca cia DrH i g h a c r es D r P ea k v i e w Dr A v a l o n D r C ou n try Club D r Pine K noll Dr L e xing t on Ln C o m m u n i t y D r G r a v es A v e 7 7 7 Mountain Village Ln Lake Ave Steamer Dr E lk Trail Ct Grand Estates Dr Lone Pine Dr Dry Gulch Rd M o r g a n S t S h a dy L n T w i n D r Scott Av ePinewood L n Carri a g e D r Big Tho m p s o n A v e S a i n t V r a i n A v e L ake Es t es Big T h o m p s o n R i v e r La ke Estes 9-H o le G olf Cour se Estes Par k G olf Cour se Sa int Vrai n Aven ue Trai l Fish C r e e k T r a i l i E s t e s Pa rk Vis itor Cente r Discovery Lodg e Estes Mountain Inn Blu e Door I nn Hotel Estes Best Western Quality Inn Columbine In n Murphy’s Resort at Estes Park Rocky Mo untain Hotel & Conferen ce Cente r The Rustic Acre Kinnikinnik Motor Lod ge Saddle & Sur rey Motel U S 3 4 T r a i l /S i d e w a l k Not to Sc a l e Not to Scale Building Parking Lot Driveway/Access Point CDOT Culvert NWI Wetland Example of Drainage Crossing Example of Existing Utilities Example of Trail / Vehicle Conflicts Example of Preservation of Existing Landscaping Critical Issues Understanding of the project location, need, opportunities, and challenges in producing design and engineering plans, specs, and estimates for construction. We have identified four main critical issues to keep in mind throughout the duration of this project. The maps on this page are not all inclusive of every location where these issues occur, but show a handful of locations. The location of the two trails along the hotel corridor (US 34) and the southern gateway (CO 7) in Estes Park provides an opportunity to have them reflect the beauty of the mountain town and act as a thoroughfare for alternative modes of transportation for all. While improving the grades and slopes of the trail, water currently draining across the trail could be eliminated. Distancing the trail from parking lots and car routes can be achieved by separate alignments or physical barriers. As improvements take place, it will be important to minimize the consequences to budget and schedule by strategically avoiding utility impacts. 1 Critical Issue: Trail / Vehicle Conflicts 2 Critical Issue: Drainage Crossings 3 Critical Issue: Preserving Existing Landscaping 4 Critical Issue: Existing Utilities 22 2 2 2 2 2 2 2 3 3 33 3 3 3 4 4 4 4 4 4 4 1 1 1 1 1 1 1 1 8Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 Both of these relocations could result in conflicts with existing light poles along US 34, as seen in the photographs, but would result in a safer trail that is more likely to conform to ADA requirements. Drainage US 34 drainage just west of Hillside Lane. There is a drainage culvert under US 34 that passes outlet drainage across the existing trail. We propose to raise the trail grade to pass over the culvert outlet. This work is directly related to the work described above east of Hillside lane. The new trail alignment could be extended west along the back of curb to the entrance of the Catholic church where it could match back to the existing alignment. Drainage Across US 34 Trail West of Hillside Lane Trail in Existing Parking Area East of Hillside Lane- Potential Conflicts Trail Combined with Drive Access East of Steamer Drive Critical Issues Continued US 34 Trail conflicts with business access. There are two locations along the US 34 corridor where the existing trail is combined with a business access just east of Steamer Drive. At these locations, we will consider an alternative to relocate the trail closer to US 34, perhaps to the back of curb. To the east of this location, the trail traverses a very steep grade to meet Vista Lane. Keeping the trail alignment at the back of curb from this driveway to Vista Lane will mitigate the steep grade to Vista lane by keeping grades consistent with US 34. Just east of Hillside Lane, the trail runs along the north side of the parking lot for several businesses. The pull-in parking creates a situation where business customers pull their cars out of the parking spaces, potentially into the trail alignment. A potential solution at this location is to move the trail closer to US 34, likely to the back of the curb. The parking lot of Our Lady of the Mountains Catholic Church provides a physical barrier between the parking area and trail, another potential solution to delineate trail location for vehicles. 1 1 2 9Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 Pipe Crossing Remedy Trees Along CO 7 Trail Trail Crossing Not Completely Above Top of Pipe Evergreen Shrubs Along US 34 Trail Drainage crossings on CO 7 Trail. There are several drainage crossings along the CO 7 Trail that do not cross completely above the culvert pipe outlets from the adjacent CO 7 drainage crossings. For these locations, we propose to raise the trail profile to clear the top of the pipe. The second photo shows another location on the CO 7 trail where the trail crosses over the top of the pipe. This is a nice treatment that also provides an attractive railing over the structure. We could design a similar treatment for the locations where the crossings do not clear the top of the pipe. 2 3 2 3 Preserve existing landscaping. Along both trail alignments, there are areas where existing landscaping is located very close to the trail. For reconstruction, our design will address a desire to preserve existing landscaping plants to the greatest extent possible. There are also areas along both trail alignments where existing trees could be impacted by the construction. We will be sensitive to preserving trees, but some tree root systems may be impacted by construction, which would require their removal. The Town recognized this possibility in the scope of work in the RFP. 10Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 Existing Utilities. As with any transportation improvement retrofit project, handling utilities for this project is critical. On our field walk, we encountered electrical lines, including large transformer boxes, gas lines, fiber optics, water lines, phone lines and drainage pipes. Our approach to utilities is to tread lightly and avoid conflicts to the greatest extent possible. Our approach to any new trail alignments is to minimize cuts to avoid underground utility conflicts. With both trail alignments lying within CDOT ROW, we anticipate working with the CDOT Region 4 Utility Engineer David Torrez and following CDOT utility coordination procedures with utility letters and agreements in CDOT format. This will facilitate CDOT permitting for work within their ROW. Site Visit Showing Existing Utilities CDOT Permitting. With almost 40 years of experience working in CDOT Region 4, we can efficiently help the Town through the permitting process. Since 1999, we have completed 125 projects and task orders for CDOT Region 4, and over the last 5 years, Muller has assisted local agency clients with CDOT Access and Utility Permits for 40 projects. We also have extensive experience coordinating with the CDOT Permits Unit to obtain clearances from specialty units on projects such as this one, where there are impacts within CDOT right-of-way, yet the project is funded with local funding. 4 11Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 D. Qualifications and experience for trail projects similar in scope and size, including CDOT experience. Management Qualifications and Company Capability. Muller is an employee-owned civil engineering consulting firm located in Lakewood, Colorado. We provide engineering design, program management, environmental planning, and construction management services for projects in transportation, stormwater and floodplain management, water and wastewater utilities, and structural and bridge design, primarily in the public sector. Since our founding in 1980, Muller has grown to more than 140 employees who are committed to delivering successful, context-sensitive projects that incorporate meaningful stakeholder involvement, innovative designs, and minimal environmental impacts. Our passion for engineering excellence and innovative project concepts provides our clients with sensible, creative, and cost-effective solutions that address the needs of our communities. Trail Experience: Our unique qualifications are best illustrated by our work on the Clear Creek Canyon Park: Peaks to Plains Trail. Having received numerous prestigious awards, the trail looks like “it has always been there,” and received praise from Governor Hickenlooper for being “awesome, couldn’t be better” after his first ride on the trail. Our team offers the Town of Estes Park a level of experience unmatched by any other team. This experience includes a proven ability to solve challenges and a history of successfully completing projects of similar scope and complexity. The Relocation of US 6 Eliminated Need for Pedestrian Crossing of Highway at Big Easy Trailhead Working with CDOT: Muller has ample experience on trail projects within and adjacent to CDOT right-of-way and their requirements for access and utility permits to construct them. Our three Clear Creek Canyon Park Trail segments run parallel to US 6 for 8.3 miles. We worked with CDOT Region 1 to gain access permits for nine trailhead parking areas. Two of them required relocation of US 6 to provide mutual safety benefits to CDOT and Jefferson County Open Space (JCOS), owner of the trail. We also supported JCOS for obtaining utility permits for drainage structures and modifications to CDOT structures for trail underpasses. In addition to the experience with CDOT oversight on permit projects, Muller guided local agencies like Estes Park through conformance to the CDOT Local Agency Desk Reference on 75 federally funded projects and served CDOT as a prime consultant since 1987. Our work in Region 4 started then and we have served them continuously since. We have relationships with project managers throughout the CDOT organization and understand CDOT expectations for drawing formats, right-of-way plans, utility agreements, and environmental clearances. We will work as the Town's advocate with the trust of CDOT to represent your interests and make sure projects meet CDOT Roadway Design requirements for gaining required permits. 12Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 Public Involvement: Effective communication is the cornerstone of our project management philosophy. Muller excels in public and stakeholder outreach, as well as proactive communication with the Town, providing transparency, inclusivity, and engagement throughout the project lifecycle. We understand the importance of keeping the Town and its communities informed and involved, which is critical to the success and acceptance of public works projects. Please see page 19 for additional information on our experience facilitating public meetings and presenting to elected officials. Qualifications in Performing and Managing Work Within a Schedule and Budget. Budget: Managing budget and scope starts with a thorough understanding of each project’s critical success factors and then defining a clear scope of work that addresses them with distinctly outlined team member roles and responsibilities. During design, Emily Sedbrook, the Muller project manager, evaluates progress monthly on each scoped task and computes the “earned value” of work efforts to date. Upon comparing the earned value to actual charges incurred, Emily will make corrective plans to address any item tracking behind budget. Our value engineering practices strive for high-quality results while staying within budget. If an unforeseen scope change is needed, or the Town desires to add project elements, Muller will advise and obtain concurrence from the Town project manager before proceeding with the out-of-scope work. This allows you to thoroughly evaluate the need for the extra scope item, potential costs, and alternative methods to achieve the goal before the work is performed. Muller’s ever-expanding database of construction costs resulting from construction projects being bid and completed each year provides confidence that our engineer’s estimates are in alignment with actual costs and industry trends. Once a project is bid, the risk shifts toward change orders during construction. Muller has a solid record and reputation of minimizing engineering-related construction change orders by developing high-quality, detailed engineering plans. On 26 projects constructed over the last 5 years, final as-constructed costs were, on average, 3.3% below the low bid. These projects totaled over $158 million in construction. This demonstrates that Muller’s plans stand up during construction without numerous costly change orders. Schedule: On-time is more than just a promise. The Muller team commits the resources necessary to meet contract schedule requirements of each individual project assignment. Muller project managers are very sensitive to project schedules and are committed to meeting them. Effective schedule control starts with taking the time during conceptual/schematic design to make sure the right technical solutions are chosen, while balancing vision, impacts, and cost. If preliminary design begins before fully vetting public and stakeholder acceptability and the impacts of various approaches, costly backtracking can result. Once the approach is set, Muller uses a well-orchestrated, interactive process that furthers public/stakeholder coordination, while concurrently managing permitting clearance work and ROW acquisition (when needed). Muller’s project managers constantly monitor the schedule, frequently coordinate progress with the Town’s project manager, and collaboratively lead the consultant team to meet the deadlines. If a critical-path work element falls behind, the project manager develops a recovery strategy with the team and the Town project manager to keep the overall project on track. For the McIntyre Street Reconstruction project, we value engineered the Van Bibber Creek bridge and, through contractor, engineer, and owner interaction during construction, CEI completed work for three construction contracts 12% under budget. 13Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 Quality: Muller’s culture fosters quality. Muller’s Quality Management Program (QMP) is flexible and tailored to fit the scale of each project. Each project requires an individual Quality Plan, with defined review milestones and the type of review required. This is developed by the design manager using Muller’s Quality Plan Setup Form, which outlines our companywide quality management standards and project specific contractual requirements. Roles and responsibilities of those involved are spelled out and required milestone reviews are identified. Muller staff at all levels use this form to make sure that quality processes are executed, and that work is free of errors and completed properly for client reviews. We use Quality Review Forms to document each required review and Comment Resolution Forms and track and verify that all client/agency comments are incorporated into the final deliverable. Our QMP process results in us consistently delivering exceptional design and construction. Quality Management Program Prepare Muller Quality Plan for the Project Identify Project Milestones and Type of Review Build Review Time into the Schedule Review of Deliverable from Muller or Subconsultant Engineering Excellence Kickoff Address Muller Review Comments and Prepare Quality Documentation Submit Document to Estes Park for Review Address Estes Park Comments and Document Resolutions Deliver Revised Document and Comment Resolutions to Estes Park Project Setup Project Delivery Relevant Project Experience & References CO 119 Safety, Mobility, and Bikeway Improvements CDOT Region 4, Boulder County Why this project: This project includes a 9.1-mile multi-use bikeway within the roadway median and along the west side of CO 119 along the corridor from Boulder to Longmont. The bikeway work is for Boulder County while the roadway and BRT work are under a contract with CDOT Region 4 which will also oversee the federally funded trail work. The concrete trail, at-grade roadway crossings and CDOT oversight are relevant to the CO 7 and CO 34 Trails in Estes Park. Personnel Involved: Emily Sedbrook, Jon Sera, Mackenzie Foss, Kelly Maiorana, Jason Campbell, Steve Gabriszeski, John Hausman Project Reference: Adnana Murtic, PE, Boulder Residency | CDOT Region 4 Phone: 970-350-2119 Email: adnana.murtic@state.co.us Muller’s involvement in the CO 119 corridor began by completing a study that evaluated alternatives to provide a 9.1-mile bicycle facility between Boulder and Longmont. The study focused on seamlessly blending the bikeway with Bus Rapid Transit (BRT) improvements being simultaneously planned to provide coordinated access while minimizing conflicts. Existing Conditions 14Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 Effective stakeholder coordination with CDOT, RTD, BRT TAC, City of Boulder, Boulder County, and Longmont included a meticulous meeting strategy emphasizing thorough agenda preparation, robust documentation, and seamless collaboration among project partners. Muller serves as both program and project manager for the CO 119 Safety and Mobility (CDOT) and Bikeway (Boulder County) projects and Muller recently helped secure a $25M RAISE grant for Boulder County, CDOT Region 4, and RTD, helping secure construction funding. Pursuant to a Request for Proposals, Boulder County selected Muller for the project design services for the federally funded CDOT Local Agency Project that includes 9.1 miles of hard surface trail, six underpasses, pedestrian bridges over Four Mile Creek and Left Hand Creek, seven at-grade crossings, five regional path connections, and five roadway connections. The CO 119 Bikeway will provide an important bicycle and pedestrian connection between the City of Boulder and the City of Longmont, and the communities in between. This project supports the County’s goal of connecting communities within the County with off-street multiuse paths that are Americans with Disabilities Act (ADA) compliant. With construction funding secured, the two projects were recently transitioned from separate design-bid-build packages into a single project being delivered by CM/GC. This project is anticipated to completed on time and within budget. CO 7 Peak to Peak Highway (Estes Park to CO 72) CDOT Region 4 Why this project: The north portion of this project starts at the CO 7 intersection with US 36 and traverses the entire length of CO 7 in Estes Park, including the CO 7 Trail alignment. Work included rotomilling and overlaying the existing pavement along with spot drainage improvements and upgrades to sidewalks and intersection curb ramps along the Estes Park portion of the corridor. Our team members from this project bring their unique knowledge of the CO 7 corridor to benefit the CO 7 Trail project. Personnel Involved: Steve Gabriszeski, Emily Sedbrook, Sara Trout, Jon Sera, John Hausman Project Reference: Keith Wakefield, PE, City of Loveland Assistant City Engineer (Formerly CDOT Region 4) Phone: 970-962-3351 Email: Keith.Wakefield@cityofloveland.org CO 7, from Estes Park to CO 72 near Raymond, Colorado, is part of the Peak to Peak Scenic Byway, Colorado’s oldest scenic byway. The extreme rainfall from the September 2013 flood damaged this 19-mile segment of CO 7 and CDOT used it as a detour and haul route to and from Estes Park in the aftermath of the flood, due to the closure of US 34 and US 36 from flood damage. Muller was on a team that conducted a comprehensive corridor evaluation to clearly identify the design and construction scope of work to mitigate damage caused to the highway by the flood event and the secondary damage related to the significant increase in traffic related to its use as a detour after the flood event. The work included a corridor safety and hydraulic analyses and recommendations, and the development of engineer’s estimates for cost of repairs for varying levels of flood related reconstruction requirements, including roadway overlays, partial reconstruction and full reconstruction. Improvements relevant to the CO 7 Trail project include the roadway overlay along the entire trail alignment, sidewalk and curb ramp improvements at Graves Avenue, drainage improvements from Graves Avenue to Lexington Lane, and drainage improvements from north of Scott Avenue to south of Carriage Drive. This project was completed on time and within budget. 15Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 Green Valley Ranch Boulevard Medians and Bikeway City and County of Denver – DOTI Why this project: Like the CO 7 and US 34 Trails, this project constructed a new concrete multiuse trail along an urban street to connect between trail gaps. Personnel Involved: Steve Gabriszeski, John Hausman, Levi Niesen Project Reference: Deborah Turner, PE, Engineering Manager, City and County of Denver - DOTI Phone: 720-913-4512 Email: deborah.turner@denvergov.org Clear Creek Canyon Park: Up Canyon, Gateway, Huntsman Gulch Jefferson County Open Space Why this project: Like the Estes Park trails, this 8.3-mile trail shares CDOT’s ROW in many locations and required nine access permits and numerous utility permits from CDOT. The trail is in steep mountain terrain resulting in challenges to meeting ADA requirements, but most grades are less than 5%. Personnel Involved: Steve Gabriszeski, John Hausman, Sara Trout, Levi Niesen, Jon Sera, Jason Campbell, Emily Sedbrook Project Reference: Scot Grossman, Project Management Supervisor, Jefferson County Open Space Phone: 303-271-5952 Email: sgrossma@jeffco.us This project includes final design services for the Green Valley Ranch Median and Bikeway Pilot Project (GVRMB) from Chambers Road to Tower Road. Phase 1 of the project constructed an 8-foot wide multi-use path along the south side of Green Valley Ranch Boulevard from west of Pena Boulevard to Telluride Street. This path filled a sidewalk gap to complete the sidewalk along the corridor. Phase 2 will install one mile of protected bike lanes in each direction on Green Valley Ranch Blvd from west of Pena Boulevard to Tower Road, and Phase 3 will install median curb and gutter to allow for future widening to accommodate protected bike lanes. The first three segments in the development of Clear Creek Canyon Park will be linked together by a 15-mile section of the 10-foot-wide concrete multi-use P2P Trail through the rugged canyon terrain. Muller served as lead design engineer for all segments designed, built, or under construction to date. The completed segments were on time and within budget. The project goal is to improve bicycle, pedestrian, and transit access by completing a gap in the sidewalk and widening the roadway in the median to allow reconfiguration of the roadway to include a raised bicycle lane buffer. A new raised, landscaped median, along with the widening will allow for the perpetuation of the turn lanes at the current intersections. The design will maintain existing drainage patterns to the greatest extent possible and minimize right- of-way impacts. In addition to managing and coordinating the project, Muller is assisting with the public outreach. This project was completed on time and within budget. 16Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 Up Canyon Segment: Beginning in 2013, JCOS and CCCOS joined together to fund, design, and build the initial 4-mile Up Canyon Segment of the P2P Trail straddling the county line. The Up Canyon Segment included three underpasses below US 6, four prefabricated steel bridges, four new trailhead parking lots, and formal development of the Big Easy Trailhead as a pocket park along the creek. Gateway Segment: In 2018, JCOS embarked on design and construction of the Gateway Segment, which extends the P2P Trail 1.75 miles upstream from the previous terminus of the Clear Creek Trail in Golden. The Gateway Segment also features two major trailhead parking lots (168 vehicles total) for canyon access, two prefabricated steel trail bridges, a suspension bridge, several creek access and bouldering areas, and rehabilitation of the historic Welch Ditch wooden irrigation flume to serve as a 0.9-mile soft surface hiking trail. Huntsman Gulch Segment: This segment will extend the P2P Trail 3 miles upstream from the Gateway Segment. Two more major trailheads are being constructed—Narrow Gauge Trailhead (parking for 42 vehicles), and Huntsman Gulch Trailhead (60+ vehicles), along with formalized stream access and soft-surface hiking trails where appropriate. Construction has begun on two (of three) packages, and design plans for the third are in the final stages of approval for construction. Photo Credit: Stream 17Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 E. Project team, qualifications, expertise and experience of the project team. Why this Team? Muller understands what is required to successfully complete the design and provide engineering services for the multi-use trails along US Route 34 and CO State Highway 7. We strategically chose an integrated team of well-rounded professionals with experience successfully delivering similar projects. This team has a record of delivering customized and sensible solutions for critical accessibility issues in an efficient, creative, and cost-effective manner. Many of our previous projects have had similar timeframes and we are confident we can deliver a successfull project in the allotted timeframe. Additionally, we purposefully selected our subconsultants for both their relevant expertise and the trust our firms have developed working together on many similar projects. Organizational chart * % DBE Availability Muller Subconsultant Project Manager Emily Sedbrook, PE Roadway/ Trail Design Levi Niesen, PE Project Principal/ Quality Assurance Steve Gabriszeski, PE Town of Estes Park Jamin Rucker Hydraulics/ Hydrology/Floodplain Sara Trout, PE Traffic/Multimodal John Hausman, PE, PTOE Structural/Walls Jon Sera, PE Geotechnical *Yeh & Associates SUE *Goodbee & Associates Emily Sedbrook, PE Project Manager P | 303.988.4939 C | 720.352.9581 E | esedbrook@mullereng.com PRIMARY CONTACT 75% Landscape Architecture *Goodbee & Associates 40% Surveying/ROW Plans Farnsworth 30% Land/ROW Acquisition *H.C. Peck 25% Utility Coordination *Goodbee & Associates 40% Environmental Support *ERO Resources 10% 20%40% 50%25% 60% 10% 25% Environmental Mackenzie Foss 25% GIS / Visualization Jason Campbell 10% Public Involvement Kelly Maiorana 15% 18Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 Firm Why this Firm?Years & Projects Working w/ Muller ERO Resources | Environmental Support ERO Resources Corporation is an ideal fit for a multi-use trail project, with over 40 years of expertise in NEPA compliance, environmental planning, and resource management, along with a commitment to integrity and quality. With a strong regional presence and skilled team, ERO is well-prepared for complex regulatory needs. ERO’s M/WBE, DBE, and SBE certifications help municipalities meet small business requirements for CDOT and state agencies. 35 years 272 projects Yeh & Associates | Geotechnical Yeh and Associates, Inc. is a full-service geotechnical engineering and construction management firm established in 1999. Yeh offers expertise in geotechnical engineering, pavement design, construction management, inspection, and materials testing. Their professional staff is familiar with a wide range of geologic and geotechnical settings, roadway construction elements, and contracting environments. 23 years 86 projects Goodbee & Associates | Utility Coordination, SUE, Landscape Architecture Goodbee specializes in subsurface utility engineering (SUE), wet and dry utility design; and utility coordination consistent with ASCE 38. Their landscape architecture design specialties include streetscape design, bridge and wall aesthetics, green infrastructure, park and nature play design, visual impact assessment, and renderings for public involvement. 26 years 94 projects Farnsworth Group | Surveying/ROW Plans Farnsworth Group has been providing land surveying and SUE services for as long as the company has been in business - over 130 years. The firm began offering surveying services in Colorado in 1986 and the Colorado survey section includes a team of 22, including 11 registered land surveyors, with an office in Ft. Collins offering survey staff, supported by current technology including UAVs, stationary and mobile LiDAR, and photogrammetric mapping. 23 years 53 projects H.C. Peck & Associates, Inc. | Land/ROW Acquisition H.C. Peck acquires real property and assists in the relocation of displaced persons in connection with infrastructure improvement projects. Unlike mainstream title companies, their sole focus is ROW; committed to producing timely and cost-effective title work on behalf of clients. 5 years 20 projects Subconsultants 19Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 Qualifications and Experience in Designing, Preparing Plans Specifications and Estimates (PS&E), and Other Bidding Documents. While Muller’s transportation engineering experience includes significant planning and traffic operational work, the Town will benefit from our extensive design experience which includes preparing plans, specifications and estimates for construction of transportation improvements. Over the last 5 years, Muller completed, or has in progress, 88 Transportation/Traffic projects that involve preparation of plans, specifications and estimates for construction. The Town will benefit from our expertise in developing innovative and cost-efficient solutions along the CO 7 and US 34 trails. We completed 67 projects that included trails as part of a transportation project or stormwater project. Our total trail construction projects for the last five years include 64 miles of urban trail/bikeway and 14 miles of mountain corridor trail/bikeways in Colorado’s mountain and canyon areas. Most of our trail construction packages include amenities to encourage outdoor activities and provide enhancements to the surrounding aesthetics of the communities. Maintaining the scenic beauty of the trail corridors will be important to Estes Park citizens. Our approach to preparing opinions of probable cost involves two key activities. First, we use multiple data sources to develop unit price costs for significant construction features, including our extensive project bid data, client data, and CDOT’s Cost Data provided through the CDOT website. Second, our project teams collaborate with clients to establish opinions of probable cost throughout the conceptual, preliminary, and final design phases. As projects advance, it is important to evaluate any scope additions immediately to make sure they do not exceed the budget, as modifying plans is easier than addressing budget overruns at bid time. Over the last five years for our transportation projects, contractor low bids, on average are about 5.7% below Muller’s estimates. Final construction costs are, on average, 3.3% below the low bid. This estimate reliability is supported by data from 26 projects totaling $158.2 million in construction cost. The data also demonstrates the quality of Muller plans that hold up well during construction without numerous costly change orders. Facilitating Public Meetings and Presenting to Elected Officials. Muller’s public involvement experts specialize in upfront planning and helping stakeholders, business owners, and residents understand impacts projects may have on the community, and how the project team will mitigate negative impacts and strive to make positive improvements. We provide clear, effective communication and engagement plans that are tailored to each project’s unique requirements and the communities they impact. Because we closely integrate with our in-house technical experts, we bring an enriched understanding of project concepts, allowing us to communicate complex project details to the public and elected officials in an accessible and engaging manner. When Muller worked with CDOT on the CO 52 Planning and Environmental Linkages Study and Access Control Plan, Kelly Maiorana played a key role working with the stakeholder group that included public officials in Boulder and Weld Counties to develop a consensus on the CO 52 corridor vision. Our public involvement team is skilled in translating technical information for public comprehension, organizing events for public and other stakeholder education and feedback, as well as asking pertinent questions and making sure that public feedback is integrally reflected in project outcomes. Effective communication is the cornerstone of our project management philosophy. Muller excels in public and stakeholder outreach, as well as proactive communication with the Town, providing transparency, inclusivity, and engagement throughout the project lifecycle. We understand the importance of keeping the Town and its constituents informed and involved, which is critical to the success and acceptance of the CO 7 and US 34 Trail Projects. We are very familiar with facilitating public meetings in the communities we work in. Muller can engage tools such as pop-up events, one-on-one stakeholder meetings, and digital communications such as social media tools Nextdoor and Word of Mouth as primary methods of public outreach and engagement to discuss initial findings and gather feedback. Kelly Maiorana Presenting at City of Boulder Chamber Meeting Steve Gabriszeski, PE | Project Principal / Quality Assurance Experience Overview Steve's diverse design and management experience ranges from mountain town main thoroughfares to multi-use trails, urban roadways, rural highways, and major interstate and interchange reconstructions. Steve managed numerous urban arterial and intersection improvement projects for Colorado municipalities, such as Jefferson County, the City of Greeley, and the City of Thornton, as well as for CDOT, most recently, serving as the Design Manager for the $286M I-25 North Reconstruction Berthoud to Johnstown project. Relevant Project Experience CO 7 Peak to Peak Highway Project (Estes Park to CO 72) | CDOT Region 4 The September 2013 flood damaged this 19-mile segment of CO 7. CDOT hired Muller to design emergency repairs and increase resiliency in this corridor. To fast-track the project, Muller's design included two phases. Phase 1 focused on repairing the road, rock scaling, guardrails and signs, and replacing 10 critical culverts. Phase 2 widened shoulders, completed roadwork, implemented ADA and curb ramp improvements, acquired ROW, and rehabilitated the bridge over the St. Vrain River. Steve served as the Muller project manager for this project. CO 119 Safety, Mobility, and Bikeway Improvements | Boulder County, CDOT Region 4 CDOT Region 4, RTD, Boulder County, and local agencies prioritized improvements on CO 119 from Boulder to Longmont as an important step to improve mobility for this fast-growing area of Colorado and its communities along the corridor. Steve is serving as senior roadway design support for the corridor (Construction Packages 1 and 2) He is serving as the project manager for the grade-separated CO 119 and Hover Street Intersection Improvements (Construction Package 3). Green Valley Ranch Boulevard Medians and Bikeway | City and County of Denver - DOTI Muller completed the design of 2 miles of Protected Bike Lanes (PBL) in each direction on Green Valley Ranch Blvd (GVRB) from Chambers Road to Tower Road. Designed in three phases, the project improves bicycle and pedestrian safety by reconfiguring the roadway to include raised medians, PBLs, and a detached multi-use path while minimizing ROW impacts. Steve is serving as the project manager for all three phases of the project. He coordinates with DOTI on the delivery of plans and exhibits. Peaks to Plains Trail: Up Canyon, Gateway, Huntsman Gulch Segments | Jefferson County Open Space Collectively, these three Design-Build projects include almost 9 miles of the multimodal 10 foot- wide, concrete Peaks to Plains Trail in the canyon, 8 formalized trailhead parking areas (total capacity over 450 vehicles), 12 prefabricated steel bow-string arch mainline trail bridges, 3 trail underpasses beneath US 6, and 2 suspension bridges for access to soft-surface hiking trail loops. Steve managed this Progressive Design-Build project to design, permit, and construct the $85M Clear Creek Canyon Park: Gateway to Huntsman Gulch Segment for Jefferson County Open Space. 17 years with Muller29 years Experience Education / Training BS, Civil Engineering, University of Maryland Registrations / Certifications Professional Engineer – #41916, CO Professional Organizations American Council of Engineering Companies - Colorado WTS International Resumes Emily Sedbrook, PE | Project Manager Experience Overview Emily's engineering experience has focused on roadway geometric design of projects, including rural interstate highway reconstruction, urban intersection improvements, and new trail designs. She served as the lead roadway project engineer for the $286M, 5.5-mile North I-25 Reconstruction project for CDOT Region 4, which is now under construction. Her duties on this project included overseeing preliminary design of 5.5 miles of mainline design, design of two interchanges, one half interchange, and 2,800 feet of multiuse trail along CO 60. Previously, she worked as a Design Engineer on a 4 mile shoulder widening project on CO 7. This project included urban improvements in Estes Park as well as widening shoulders in steep mountain terrain. Her other projects include smaller urban design projects that focus on pedestrian and multi-modal improvements. Her duties involved leading teams on the design side making sure all state, local and federal standards were followed. She has extensive experience in coordinating with multiple disciplines to achieve successful projects. In addition, she has worked cohesively with project managers from the client side to understand needs and provide effective solutions. Finally, she has worked with contractors during construction to make sure questions were answered in a timely manner to meet construction schedules. Relevant Project Experience CO 119 Safety, Mobility, and Bikeway Improvements | Boulder County, CDOT Region 4 Boulder County selected Muller to prepare preliminary and final design plans, structure plans, subsurface utility engineering, drainage analysis, and environmental permitting for the CO 119 Bikeway from 47th Street in Boulder to near Dry Creek Road in Longmont, an approximate distance of 9.1 miles. Emily served as project engineer for this study which developed and evaluated alternatives for 9 miles of multi-use path along the CO 119 Diagonal Highway between Boulder and Longmont. CO 7 Peak to Peak Highway Project (Estes Park to CO 72) | CDOT Region 4 The September 2013 flood damaged this 19-mile segment of CO 7. CDOT hired Muller to design emergency repairs and increase resiliency in this corridor. To fast-track the project, Muller's design included two phases. Phase 1 focused on repairing the road, rock scaling, guardrails and signs, and replacing 10 critical culverts. Phase 2 widened shoulders, completed roadwork, acquired ROW, and rehabilitated the bridge over the St. Vrain River. Emily acted as a design engineer on this project. She designed over 30 curb ramps in the town of Estes Park and the widening of 4 miles of CO 7. Peaks to Plains Trail: Up Canyon, Gateway, Huntsman Gulch Segments | Jefferson County Open Space Collectively, these three Design-Build projects include almost 9 miles of the multimodal 10 foot- wide, concrete Peaks to Plains Trail in the canyon, 8 formalized trailhead parking areas (total capacity over 450 vehicles), 12 prefabricated steel bow-string arch mainline trail bridges,3 trail underpasses beneath US 6, and 2 suspension bridges for access to soft-surface hiking trail loops. Emily served as design engineer for the Mouth of Clear Creek Canyon non-federal section of the Peaks to Plains Trail, which is a 65-mile, multimodal trail from the Continental Divide at Loveland Pass to the confluence of Clear Creek and the South Platte River. 10 years with Muller10 years Experience Education / Training BS, Civil Engineering, University of Colorado, Denver BA, Mathematics, Brandeis University Registrations / Certifications Professional Engineer – #56116, CO Professional Organizations American Council of Engineering Companies - Colorado Resumes Jason Campbell | GIS / Visualization Experience Overview Jason is a Geographic Information Systems professional specializing in civil engineering and planning disciplines. His expertise centers on the ability to provide a wide variety of technology- driven solutions and effective insight for planners, engineers, and public servants so they can solve complex issues and better communicate their processes. Jason provides spatial analysis, mapping solutions, and data management in various disciplines including transportation and environmental planning, asset management, water resource management, hydrography, utility network mapping, and program management. He provides insightful cartographic design to achieve effective communication of geographic phenomena, processes, impacts, and community significance. Jason also has diverse experience in graphic design and extensive visual communications experience to enhance the public engagement process. Relevant Project Experience CO 119 Safety, Mobility, and Bikeway Improvements | Boulder County, CDOT Region 4 CDOT Region 4, RTD, Boulder County, and local agencies prioritized improvements on CO 119 from Boulder to Longmont as an important step to improve mobility for this fast-growing area of Colorado and its communities along the corridor. Jason coordinates GIS based asset and project tracking databases and provides various mapping products to support design and public engagement for this project. Big Barnes Ditch Trail Project - Namaqua Avenue to Wilson Avenue | City of Loveland Muller worked with City of Loveland Parks and Recreation Department on the design of a ¾-mile concrete trail connection along the Big Barnes Ditch between Namaqua Avenue and Wilson Avenue. The proposed project will construct a concrete trail to be used as a combination pedestrian trail and ditch rider road. Jason provided photo-realistic simulations that helped owners and historic preservation staff understand the visual impacts of the new trail and convey design elements to a wider audience. Boulder Canyon Trail Extension | Boulder County This is a federally funded CDOT Local Agency project to extend the trail another 0.7 mile up Boulder Canyon. Major design elements included: trail alignment layout, structural design of the two trail underpasses and bridge, geotechnical investigation/design for rockfall and a soil nail wall, floodplain analysis and CLOMR for Boulder Creek, and permitting from local, state, and federal oversight agencies. The trail was designed to tread lightly on the historical, scenic, and environmental resources in Boulder Canyon. Jason produced a series of maps and sketches for the site forms produced and submitted to the State Historic Preservation Office as part of the environmental clearance for the trail project. CO 52 PEL Study and Access Control Plan | CDOT Region 4 Muller conducted an existing conditions assessment of this critical east-west access highway and developed and analyzed improvement alternatives. Jason coordinated and maintained all of the GIS data associated with the PEL and provided spatial analysis and cartographic products during the study. He provided mapping and assistance with the ACP process. 9 years with Muller19 years Experience Education / Training BA, Geography, University of Colorado, Boulder Certificate, Advanced Study of GIS, University of Denver Professional Organizations WTS International American Council of Engineering Companies - Colorado Resumes Jon Sera, PE | Structural / Walls Experience Overview Jon is a bridge design, analysis, rehabilitation, inspection, and structural engineering expert with experience on more than 120 bridge and transportation projects. He has designed many bridges and structures for MHFD, CDOT, as well as multiple cities and counties along the Front Range and major roadways across the state, including US 36, US 160, CO 7, CO 52, US 84, US 50, CO 287, and I-25. Jon's extensive CDOT experience includes serving as structures lead for the I-25 North Reconstruction Berthoud to Johnstown project for a total of 21 bridges; and serving as the structures lead for the MSE retaining walls, sound walls, and miscellaneous structures for the CDOT Region 1 I-70 Bridge over Harlan Bridge Replacement project. Relevant Project Experience CO 7 Peak to Peak Highway Project (Estes Park to CO 72) | CDOT Region 4 The September 2013 flood damaged this 19-mile segment of CO 7. CDOT hired Muller to design emergency repairs and increase resiliency in this corridor. To fast-track the project, Muller’s design included two phases. Phase 1 focused on repairing the road, rock scaling, guardrails and signs, and replacing 10 critical culverts. Phase 2 widened shoulders, completed roadwork, acquired ROW, and rehabilitated the bridge over the St. Vrain River. Jon served as the lead structural engineer. CO 119 Safety, Mobility, and Bikeway Improvements | Boulder County, CDOT Region 4 CDOT Region 4, RTD, Boulder County, and local agencies prioritized improvements on CO 119 from Boulder to Longmont as an important step to improve mobility for this fast-growing area of Colorado and its communities along the corridor. Jon served as a structural engineer and independent design reviewer. Boulder Canyon Trail Extension | Boulder County This is a federally funded CDOT Local Agency project to extend the trail another 0.7 mile up Boulder Canyon. This project increased safety for motorized and non-motorized users of CO 119 by separating cyclists and pedestrians from the vehicular traffic. The project included included two underpasses crossing CO 119 and a trail bridge over Boulder Creek adjacent to Chapman Drive. As Senior Structural Engineer, Jon designed two box culvert underpasses and performed design and plan reviews for a pedestrian bridge and multiple retaining walls. Peaks to Plains Trail: Up Canyon, Gateway, Huntsman Gulch Segments | Jefferson County Open Space Jon served as Senior Structural Engineer for portions of the Peaks to Plain Trail in Jefferson and Clear Creek Counties. He was responsible for designing a reinforced concrete cantilever trail section through a difficult terrain feature described as the "Rock Points " and the foundation design for a boardwalk in the environmentally sensitive Big Easy area. Other responsibilities included design retrofits, construction observation, and submittal reviews and Engineer in Responsible Charge for the erection of bridges, temporary bridges, railings, and custom drainage structures. 10 years with Muller25 years Experience Education / Training BS, Civil Engineering, Trine University (Formerly Tri-State) Registrations / Certifications Professional Engineer – #49227, CO NHI - Certified Bridge Safety Inspector Professional Organizations American Concrete Institute - Rocky Mountain Chapter American Society of Civil Engineers, American Institute of Steel Construction American Council of Engineering Companies - Colorado Resumes Levi Niesen, PE | Roadway / Trail Design Experience Overview Levi's civil engineering focus has been on transportation projects for state and local government agencies. Levi has experience in designing roadways, interchanges, and pedestrian facilities. Additionally, he has analyzed, calculated, and developed guardrail placement and ROW impacts. Levi has helped develop conceptual planning designs for government and local agencies within the state of Colorado, including City and County of Denver, City of Aurora, and City of Centennial. Throughout his work, Levi has developed the professional capabilities of designing various projects to meet the clients need in accordance with standard design criteria. Relevant Project Experience CO 119 Safety, Mobility, and Bikeway Improvements | Boulder County, CDOT Region 4 Boulder County selected Muller to prepare preliminary and final design plans, structure plans, subsurface utility engineering, drainage analysis, and environmental permitting for the CO 119 Bikeway from 47th Street in Boulder to near Dry Creek Road in Longmont, an approximate distance of 9.1 miles. Levi served as the trail designer on the bikeway portion of this project. Green Valley Ranch Boulevard Medians and Bikeway | City and County of Denver - DOTI Muller completed the design of 2 miles of Protected Bike Lanes (PBL) in each direction on Green Valley Ranch Blvd (GVRB) from Chambers Road to Tower Road. Designed in three phases, the project improves bicycle and pedestrian safety by reconfiguring the roadway to include raised medians, PBLs, and a detached multi-use path while minimizing ROW impacts. Levi provided both roadway and trail design support on this project. CO 52 PEL Study and Access Control Plan | CDOT Region 4 Muller conducted an existing conditions assessment of this critical east-west access highway and developed and analyzed improvement alternatives. Levi served as the transportation design engineer responsible for alternatives development and conceptual layouts. West Colfax Pedestrian and Transit Improvements | City and County of Denver - DOTI The West Colfax Pedestrian and Transit Improvement Project will provide pedestrian safety improvements on West Colfax. Muller designed roadway, traffic, and pedestrian improvements to implement the recommended safety treatments and create a sustainable transportation corridor consistent with recent planning efforts and with consensus of adjacent neighborhoods and stakeholders. The project includes medians, bulb-outs, pedestrian and ADA compliant traffic signals, and marked crosswalks. Levi is the design engineer responsible for roadway elements including sidewalks, curb ramps, and raised medians to increase pedestrian safety. CO 7 Corridor Segment B Preliminary Design | Boulder County Muller assisted with preliminary design, environmental coordination, and traffic analysis. Levi served as the design engineer and assisted with the alternatives analysis, and providing 15% design plans for CDOT, Boulder, and Lafayette. The team identified site constraints, environmental concerns, and potential risks, making sure the corridor’s future implementability and aligning with multimodal goals for safe, efficient transportation improvements. 4 years with Muller4 years Experience Education / Training BS, Civil Engineering, Dordt University Registrations / Certifications Professional Engineer – #0064693, CO Professional Organizations American Council of Engineering Companies - Colorado Resumes Mackenzie Foss | Environmental Experience Overview Mackenzie regularly collaborates on local agency projects, playing a key role in coordinating with CDOT and various resource agencies to secure the necessary environmental clearances. This involves managing the complex processes of environmental review, making sure of compliance with state and federal regulations, and facilitating communication among all stakeholders to address environmental concerns and mitigate potential impacts. Her expertise in understanding local needs and concerns while navigating regulatory requirements has been instrumental in advancing these projects from planning through to approval. Relevant Project Experience CO 7 Segment A Preliminary Engineering and Environmental Design (SIU A) | CDOT Region 4 Muller is a sub to HDR and is responsible for serving as overall design manager, leading the environmental clearance process, and ITS and drainage design. Mackenzie completed data collection and assessment of existing environmental conditions that could potentially impact the schedule or design of future alignments and improvements along the CO 7 Corridor. She then used this information to assist in the alternatives evaluation process for the project. South Platte River Drive and Lipan Pond Improvements | MHFD Muller collaborated with numerous stakeholders to develop and co-lead design for the South Platte River Trail to promote safety and user experience, prioritize space for the river corridor, and identify and enhance water quality opportunities. The project also included channel and bank improvements to advance river health metrics including the floodplain, corridor width, ecological needs, and water quality. Mackenzie lead the environmental team to assist CDOT with completing the documentation needed for a Categorical Exclusion. This project needed SHPO, CPW, and NPS coordination to obtain the required approvals. Mackenzie worked with the design team to avoid Section 4(f) properties and LWCF properties, ultimately resulting in a park improvement and enhancement. CO 119 Safety, Mobility, and Bikeway Improvements | Boulder County, CDOT Region 4 CDOT Region 4, RTD, Boulder County, and local agencies prioritized improvements on CO 119 from Boulder to Longmont as an important step to improve mobility for this fast-growing area of Colorado and its communities along the corridor. Mackenzie is on the environmental team that has assisted CDOT in completing required environmental documentation and permitting. West Colfax Pedestrian and Transit Improvements | City and County of Denver - DOTI Muller designed roadway, traffic, and pedestrian improvements to implement the recommended safety treatments and create a sustainable transportation corridor consistent with recent planning efforts and with consensus of adjacent neighborhoods and stakeholders. The project includes medians, bulb-outs, pedestrian and ADA compliant traffic signals, and marked crosswalks. Transit enhancements include bulb- outs, transit signal priority, and bus stop improvements. Mackenzie assisted in the CDOT environmental clearing and permitting process for the design of pedestrian and transit improvements along West Colfax. 3 years with Muller6 years Experience Education / Training BS, Environmental Studies and Sustainability, Michigan State University Professional Organizations WTS International American Council of Engineering Companies - Colorado Resumes Sara Trout, PE | Hydraulics / Hydrology / Floodplain Experience Overview Sara works with the stormwater team to provide municipal clients with planning and design services for drainageways and public improvement projects. Sara's areas of expertise include the design of culverts, storm sewer systems (including large diameter), detention facilities, water quality features, stream restoration/stabilization measures and trails. In her role, she provides hydrologic modeling, open channel hydraulic modeling, storm sewer hydraulics, detention and water quality pond analysis, and construction engineering support. Sara also focuses in floodplain mapping and modeling (1D), including No-Rise Certifications and LOMRs. Relevant Project Experience CO 7 Peak to Peak Highway Project (Estes Park to CO 72) | CDOT Region 4 Muller's design included two phases. Phase 1 focused on repairing the road, rock scaling, guardrails and signs, and replacing 10 critical culverts. Phase 2 widened shoulders, completed roadwork, acquired ROW, and rehabilitated the bridge over the St. Vrain River. Sara assisted with the design of culvert replacements and extensions, including the hydrologic and hydraulic modeling. Sara also prepared the Stormwater Management Plans. Peaks to Plains Trail: Up Canyon, Gateway, Huntsman Gulch Segments | Jefferson County Open Space Sara acted as a drainage design engineer for the Gateway segment. For this segment Muller completed two trailhead parking lots (one near the base of the Canyon and one near the Tunnel 1 entry portal) serving 167 vehicles. Due to constraints with the terrain, Muller designed a porous paver parking lot pavement section that not only detains, but treats the additional impervious area without the need for a pond. Sara assisted with the design of the porous paver parking lot and floodplain modeling of Clear Creek, in addition to preparing the Stormwater Management Plans. Van Bibber Trailhead and Trail Drainage Culvert Crossing Improvements | Jefferson County Open Space Muller was tasked with improvements to the trail, which was routinely impacted by flooding. The project included analyzing and designing a total of six culverts, one low water bridge, and one chase drain along the trail. The project included the design of a new trailhead parking lot located within the Van Bibber floodplain. Sara acted as the drainage design engineer and was responsible for the design of the trail crossings, parking lot grading, and the floodplain study to show no adverse impacts. Boise Avenue to Willow Bend Park Trail | City of Loveland This project consists of approximately 1 mile of new concrete pedestrian trail, two bridge crossings, and an at-grade pedestrian crossing of Boise Avenue. The project falls within the Big Thompson River corridor and includes 2D hydraulic modeling for floodplain permitting. Sara acted as the drainage project engineer and was responsible for the design of the trail and several culvert crossings, as well as the 2D floodplain modeling. 8 years with Muller8 years Experience Education / Training BS, Civil Engineering, University of Colorado, Boulder Registrations / Certifications Professional Engineer – #60308, CO Professional Organizations Colorado Association of Stormwater and Floodplain Managers American Council of Engineering Companies - Colorado Resumes Kelly Maiorana | Public Involvement Experience Overview Kelly is highly skilled in stakeholder communication and public engagement, with a strong background in environmental documentation and securing NEPA clearances. Her in- depth understanding of the planning process allows her to foster transparent stakeholder interactions, providing timely, constructive feedback that drives project progress. As CDOT’s Flood Recovery Local Agency Environmental Liaison and the manager of over 50 NEPA Categorical Exclusion documents, Kelly has developed a deep expertise in CDOT’s environmental processes. This expertise enables her to efficiently navigate and manage environmental documentation at every stage of a project. Her portfolio includes key projects such as the CO 52 Planning and Environmental Linkages (PEL) study, the US 34 PEL, and the US 6 Clear Creek Canyon Resurfacing, underscoring her capability in both environmental strategy and stakeholder engagement. Kelly consistently makes sure of compliance with regulatory requirements while advancing projects in a collaborative and effective manner. Relevant Project Experience CO 119 Safety, Mobility, and Bikeway Improvements | Boulder County, CDOT Region 4 CDOT Region 4, RTD, Boulder County, and local agencies prioritized improvements on CO 119 from Boulder to Longmont as an important step to improve mobility for this along the corridor. Kelly is part of a blended team with CDOT to provide environmental clearances and resiliency for this project to develop a new 8-mile bikeway within the CO 119 ROW and corridor transit-related improvements. CO 52 PEL Study and Access Control Plan | CDOT Region 4 Muller conducted an existing conditions assessment of this critical east-west access highway and developed and analyzed improvement alternatives. As project manager, Kelly led a multi- firm project team, project management team, technical team, and CO 52 coalition through the PEL Study and ACP process. This included the development of a purpose and need and alternatives for the CO 52 corridor. With overwhelming stakeholder support, the project was completed on schedule. US 34 PEL Study | CDOT Region 4 Kelly was the project manager and environmental lead for the 34-mile CDOT Region 4 US 34 PEL Study, which focused on managing land use access while improving safety and mobility. She led the project team, technical working group, and US 34 Coalition through the PEL process, purpose and need, and alternatives analysis. Local agency and stakeholder participation were key to keeping the project moving forward, resulting in PEL study completion within 18 months. CO 7 Specialty Group Services | CDOT Region 1 Kelly led a multidiscipline team to support CDOT in the existing conditions data collection and evaluating alternatives analysis from County Line Road to US 85. Kelly also serves as the Corridor Communications Manager, providing consistent outreach and messaging to corridor users, stakeholders, property owners, and elected officials. 7 years with Muller26 years Experience Education / Training BS, Environmental Science, University of Denver Professional Organizations American Council of Engineering Companies - Colorado WTS International - Colorado Chapter President ACEC Environmental and Water Resources Forum Co-chair Environmental and Water Resources Forum Co-Chair Resumes John Hausman, PE, PTOE | Traffic / Multimodal Experience Overview John is a highly experienced traffic engineer with a deep passion for designing multimodal facilities that promote accessibility and enhance safety. With expertise in bicycle facility planning and design, he has successfully developed over 20 miles of bike lanes and 60+ traffic signals for local municipalities. John's extensive portfolio includes on-street bike lanes, protected and buffered bike lanes, as well as off-street bike paths. He has led numerous projects in Denver, Arvada, and CDOT, collaborating closely with communities to minimize impacts on parking, driveways, and signalized intersections. John's comprehensive understanding of traffic engineering and his personal involvement as an avid cyclist enable him to develop innovative and safe intersection designs that cater to the diverse needs of multimodal users. Relevant Project Experience CO 119 Safety, Mobility, and Bikeway Improvements | Boulder County, CDOT Region 4 CDOT Region 4, RTD, Boulder County, and local agencies prioritized improvements on CO 119 from Boulder to Longmont as an important step to improve mobility for this fast-growing area of Colorado and its communities along the corridor. On this project, John was the senior engineer responsible for review and oversight of the signing and marking design, traffic signal design and railroad preemption calculation, design and coordination with BNSF. CO 7 Peak to Peak Highway Project (Estes Park to CO 72) | CDOT Region 4 The September 2013 flood damaged this 19-mile segment of CO 7. CDOT hired Muller to design emergency repairs and increase resiliency in this corridor. To fast-track the project, Muller’s design included two phases. Phase 1 focused on repairing the road, rock scaling, guardrails and signs, and replacing 10 critical culverts. Phase 2 widened shoulders, completed roadwork, acquired ROW, and rehabilitated the bridge over the St. Vrain River. John led the construction phasing and construction traffic control effort to reconstruct approximately 18 miles of SH 7 as part of the flood recovery effort. He established a suggested order of construction for over 100 work locations within the corridor and established the operation parameters for locations that required a single lane of alternating traffic in order to complete construction. Green Valley Ranch Boulevard Medians and Bikeway | City and County of Denver - DOTI Muller completed the design of 2 miles of Protected Bike Lanes (PBL) in each direction on Green Valley Ranch Blvd (GVRB) from Chambers Road to Tower Road. Designed in three phases, the project improves bicycle and pedestrian safety by reconfiguring the roadway to include raised medians, PBLs, and a detached multi-use path while minimizing ROW impacts. John was the traffic engineering lead for the project overseeing bikeway design and signing as well as overall corridor signing, markings and traffic signal designs. Peaks to Plains Trail: Up Canyon, Gateway, Huntsman Gulch Segments | Jefferson County Open Space The first three segments in the development of Clear Creek Canyon Park will be linked together by a 15-milesection of the 10-foot-wide concrete multi-use P2P Trail through the rugged canyon terrain. Muller served as lead design engineer for all segments designed, built, or under construction to date. John was responsible for traffic engineering and trail signing for this 4-mile segment of the Peaks to Plain Trail in Jefferson and Clear Creek Counties. He also led the traffic engineering portion of the project coordinating the design of construction traffic control as well as any necessary signing and markings on the trail. 11 years with Muller22 years Experience Education / Training BS, Civil Engineering, Clemson University MS, Civil Engineering, Georgia Institute of Technology Registrations / Certifications Professional Engineer – #40715, CO Professional Traffic Operations Engineer (PTOE) – 2707 Professional Organizations Institute of Transportation Engineers WTS International American Council of Engineering Companies - Colorado Resumes Nicole Den Herder | Environmental Support Experience Overview Nicole brings 26 years of experience serving as a program manager, project manager, and facilitator to lead robust NEPA processes and coordinate required surveys, technical reports, and permitting for compliance with the Endangered Species Act (ESA), Clean Water Act (CWA), and National Historic Preservation Act (NHPA). Nicole has substantial experience with environmental laws including state and federal policies, and makes sure that NEPA compliance documents are well-written, accurate, and legally defensible. Nicole’s notable clients include the Federal Highways Administration (FHWA), the Colorado Department of Transportation (CDOT), and the National Park Service (NPS). Relevant Project Experience US Highway 6 and Heritage Road Project | Jefferson County Nicole is currently completing a Documented CatEx for an interchange improvement project. She is responsible for coordinating with the engineer, City of Golden, and CDOT; coordinating with the engineer on environmental considerations for the design process; managing ERO staff and subcontractors; and managing development of technical reports to support the Documented CatEx. Resources being evaluated include biological, archaeological, historic, paleontological, visual, air quality, hazardous materials, socioeconomics, and environmental justice. Broadway & Highlands Ranch Parkway Intersection Improvements | CDOT, Douglas County Nicole is leading environmental surveys and technical reporting for a CatEx at the intersection of Broadway and Highlands Ranch Parkway. Resources being analyzed for the project include biological resources, hazardous materials, cultural resources, environmental justice, and Section 4(f). Washington Avenue Complete Street Project, 10th Street to US Highway 93 | CDOT, Jefferson County Nicole served as environmental project manager for a CatEx for a corridor improvement project, including multi-modal improvements. She was responsible for coordinating with CDOT and city staff, managing ERO staff and subcontractors, coordinating with engineers during the design process, coordinating technical reports, and authoring minor technical reports. Resources evaluated included biological, archaeological, historic, paleontological, visual, air quality, and hazardous materials. 104th Avenue Improvements Project | City of Thornton Currently, Nicole is completing environmental clearances for a widening and multi-modal project for the City of Thornton. ERO is the environmental lead, completing analyses for biological resources, cultural resources, hazardous materials, Section 4(f) and 6(f) resources, and environmental justice, and is managing subcontractors for air quality, noise, historic resources, and visual resources. ERO is working to make sure of compliance with NEPA and CDOT and FHWA environmental clearances. 14 years with ERO26 years Experience Education / Training BA, Communication, Central College, Iowa MS, Environmental Policy and Management, University of Denver Registrations / Certifications NEPA Facilitation Skills for Scientists and Resource Managers Preservation of Wilderness Character, National Park Service Environmental Justice Training Environmental Project Management Training Professional Organizations American Council of Engineering National Association of Environmental Professionals Companies Resumes Sam Sherwood, PE | Geotechnical Experience Overview Sam has 30 years of civil engineering experience in a wide variety of federal and municipal projects. Her areas of expertise include geotechnical investigations and design in sensitive environments. Past and current projects include design of foundations for buildings and transportation elements, retaining walls and slope stabilization, subgrade stabilization, geotechnical monitoring and construction engineering services. She manages design staff, interfaces with clients, coordinates with other design disciplines, and develops design criteria. During the construction phase, she provides support services, evaluates construction methods, reviews construction submittals, provides construction quality control, and facilitates design changes. Relevant Project Experience CO 7 Peak to Peak Highway Project (Estes Park to CO 72) | CDOT Region 4 This design included two phases. Phase 1 focused on repairing the road, rock scaling, guardrails and signs, and replacing 10 critical culverts. Phase 2 widened shoulders, completed roadwork, acquired ROW, and rehabilitated the bridge over the St. Vrain River. Sam was the lead geotechnical engineer on this project. Poudre River Trail | Town of Windsor Sam served as the project manager for this project that consisted of relocation and reconstruction of portions of the Poudre River Trail. Approximately ½ mile of the multi-use paved trail east of Windsor was realigned due to river scour of the embankment. Hampden Heights Trail Reconstruction | City and County of Denver Sam served as the project manager for approximately 2 miles of paved multi-use trail reconstruction in the Hampden Heights area of Southeast Denver. Project challenges included limited access for drilling and sampling due to landscaping and existing utility easements. Red Rocks Amphitheatre South Ramp and Trail Reconstruction | City and County of Denver This project consists of replacement of the historic, elevated south ramp structure and access trail to the amphitheatre. Yeh provided geotechnical recommendations for the structure foundations, retaining walls and for the pavement design recommendations for the paved approach trail. Cottontail Trail | Boulder County Sam is the project manager for materials testing for the reroute and resurfacing of the Cottontail Trail between Lookout Road and SH 52. Yeh’s scope of work includes density testing of soils and concrete testing. Trails Environmental Assessment | Rocky Mountain National Park Sam was the project manager/engineer for a geotechnical/geologic study of reroutes and repairs to flood damaged trails. Due to a historically large rainfall event, Rocky Mountain National Park trails and roads were damaged by flooding, debris flow and landslides. Sam led a field review of the affected trails, which consisted of observing both trail damage and proposed reroutes. 14 years with Yeh & Associates30 years Experience Education / Training BS, Civil Engineering, University of Flordia, Gainesville Registrations / Certifications Professional Engineer – #37244, CO Resumes J E Parker | Land / ROW Acquisition Experience Overview J is responsible for all of Peck’s land acquisition endeavors. His project management experience runs the gamut from rail, oil and gas exploration, oil and gas pipeline, water/ wastewater, electric transmission and distribution, and Uniform Act and non-Uniform Act projects for clients such as CDOT, RTD, Arapahoe County, the City and County of Denver, the Cities of Arvada, Aurora, Lakewood, and Wheat Ridge, Metro Water Recovery and many more. He has produced expert reports on oil and gas and surface title matters for the Colorado Attorney General’s office and has testified as an expert in land title and related issues in several cases. His wide-ranging experience makes him a perfect choice to lead right of way acquisition efforts should it become necessary. Relevant Project Experience West 72nd Avenue - Kipling to Simms (Sub to Muller) | City of Arvada This major roadway widening project includes a four-lane arterial roadway with a raised median, buffered bike/multimodal path, and a grade-separated underpass at the Union Pacific Railway crossing. The underpass has a unique structure that consists of secant walls that act as the underpass walls as well as the bridge abutments for the railroad structure. The project also involves extensive SUE and coordination relocating electric, gas, water, sewer, irrigation ditches, active wells, irrigation springs, and storm sewers. As part of the project, extensive land acquisition was required for more than 75 parcels along the corridor. J assisted with acquisition, valuation, relocation and title/closing services. Iliff Avenue - Quebec Street to Parker Road | Arapahoe County This roadway improvement project required the acquisition of additional right of way from (approximately) fifty landowners. J assisted with acquisition, valuation, relocation and title/ closing services. Federal Boulevard - 7th to West Holden Place | City and County of Denver This roadway improvement project required the acquisition of additional right of way from (approximately) 45 landowners. J assisted with acquisition, valuation, relocation and title/ closing services. Horsetooth and University Intersection Improvements | City of Fort Collins Horsetooth & University was a City of Fort Collins sponsored intersection improvement project with CDOT oversight wherein additional right of way was acquired from five owners, including Wells Fargo. Throughout this project, J assisted with acquisition and title/closing services. US 34 Business and 10th Street | City of Greeley This project was a City of Greeley sponsored road improvement project with CDOT oversight that required the acquisition of additional right of way from 40+ owners with a multitude of differing land uses that also triggered  several personal property relocations. Throughout this project, J assisted with acquisition and title/closing services. 31 years with H.C. Peck44 years Experience Education / Training J.D. University of Denver BS, Business Administration (Finance), Oklahoma State University Registrations / Certifications Colorado Lawyer #26203 Professional Organizations International Right-of-Way Association Resumes Natalie Farmer, PE | Utility Coordination Experience Overview Natalie specializes in SUE investigations, water and sanitary utility design, and utility conflict resolution for transportation and public infrastructure projects in Colorado. She is proficient in AutoCAD Civil 3D and Openroads Designer, and develops deliverables consistent with CCD, CDOT, and local agency standards for utility, traffic control, and other civil plans. She adheres to ASCE 38-22 standards in her subsurface utility engineering design and coordination efforts, providing high-quality deliverables. Relevant Project Experience Downtown Estes Park Loop | FHWA CFL Natalie led SUE investigations and utility coordination services during construction. The improvements to the roadway known as the “the Downtown Estes Loop” project includes the evaluation of three primary roadways: Elkhorn Avenue, Moraine Avenue, and Riverside Drive through downtown Estes Park. CO 66 CR 7 Grade Separated Crossing | Town of Mead Natalie led SUE investigations and utility coordination for a CDOT local agency project that includes a north/south pedestrian trail underpass crossing beneath State Highway (SH) 66, just west of the intersection with WCR 7. Project also includes necessary trail connections. South Platte River Trail Pedestrian Bridge | CDOT Region 1 As utility manager, Natalie led SUE and utility coordination for preliminary design. Project scope included relocation of the South Platte River trail to the west from Virginia Avenue on the south to Phil Milstein Park on the north, including a new pedestrian bridge at Phil Milstein Park. SH 138 North of Sterling | CDOT Region 4 Natalie provided SUE investigations, utility coordination, and irrigation company coordination from FIR to Ad for HMA mill and fill and shoulder widening on SH 138 north of Sterling from MP 3.00 to MP 13.50. Phillips County Timber Bridge Replacement | CDOT Region 4 Natalie led SUE and utility coordination for timber bridge replacements of structures B-27-D, B-27-A, B-27-F, and A-27-A in Phillips County with Bridge Enterprise funding and structure B-27-E with non- Bridge Enterprise funding. Coffman Bus Rapid Transit | City of Longmont Coffman Street Busway project extends along Coffman Street from 1st Avenue to 9th Avenue. The project includes the construction of multimodal roadway improvements including two travel lanes, two transit lanes, separated bike lanes in both directions, on-street parking, landscaping, and wider sidewalks within the existing 100-ft right-of-way. Natalie provided SUE investigation and utility coordination design support. US 6 Palisade | CDOT Region 3 Natalie is leading SUE QLB and preliminary utility coordination on US Highway 6 between mileposts 42.4 to 43.0. This scope aims to select a recommended alternative design to improve traffic and multimodal operations and safety along this section of US 6 In Palisade. Monaco Bridge Replacement over Cherry Creek Trail | City and County of Denver Natalie led SUE QLB, QLA, utility relocation plans and coordination for the replacement of the deteriorating bridge at South Monaco Parkway over Cherry Creek. 3 years with Goodbee4 years Experience Education / Training BS, Civil Engineering, Colorado School of Mines Registrations / Certifications Professional Engineer – #0065228, CO UESI Utility Investigation School, 2021 Certified Transportation Erosion Control Supervisor, 2020 Resumes Adam Barnard, PLA, ASLA | Landscape Architect Experience Overview Adam is a licensed landscape architect with two decades of experience on public sector projects specializing in transportation landscape design, streetscapes, stormwater management, parks, and open space. He has provided detailed design on numerous transportation projects for CDOT and local municipalities throughout Colorado. Adam routinely works on streetscape and median projects, understanding the unique characteristics which control the success of these environments such as sight distance, drainage, salt tolerance, utility conflicts and context sensitivity. Relevant Project Experience US 36 Managed Lanes | CDOT Region 1, RTD On Phase II of the US 36 highway toll lane improvement project, Adam provided preliminary and final design documents for the Boulder overlook, median cover material treatments at the McCaslin Interchange and trail enhancement plans for the Town of Superior. I-25 North Segment 2A | CDOT Region 4 Adam provided stormwater management plans for the North I-25 design build project between Loveland and Fort Collins. Segment 2A consisted of a 3-mile project area at the US Highway 34 Interchange. Phased submittals were required for this multifaceted project involving comprehensive QC. In addition to SWMP, Adam also provided landscape demolition plans for the US34 corridor, landscape plans for restoration, landscape design for the new Loveland gateway at the interchange, and Preble’s Meadow Jumping Mouse SWMP plans for a separate piece along the Big Thompson River. SH 52 & WCR 13 Intersection | CDOT Region 4 This project comprised of an intersection improvement project involving lane reconstruction and lane widening. As a result of these improvements, two large existing landscape beds were impacted. Adam was responsible for FOR landscape and irrigation restoration plans for these beds as well as reseeding plans for roadway construction. West Harvard Gulch Trail | City of Englewood On this two-mile linear trail rehabilitation project located within the W. Harvard Gulch floodplain, Adam was responsible for trail enhancements including ADA compliant trail grades, access ramps, improved trail alignment and site grading. Adam also provided stormwater management plans and bi-weekly onsite construction management support. Romans Park | City of Englewood This project was a multi-phase trail rehabilitation project focused on trail improvements and upgrades, Adam was responsible for providing ADA design at multiple points into the park, improved trail alignment, and minor site grading as a result of the necessary improvements. I-25 North Segment 4 | CDOT Region 4 Adam provided stormwater management plans for three miles of the North I-25 design build project between Harmony Rd and E. CR 392. Segment 4 included phased submittals with comprehensive QC including an At Risk and full corridor packages. I-25 North Segment 5 | CDOT Region 4 Adam provided stormwater management plans for four miles of the North I-25 design build project between Harmony Rd and State Highway 14 (E. Mulberry St). Segment 5 included phased submittals with comprehensive QC including the CLPR Bridge, East-West Frontage Roads, MOT, and full corridor packages. 7 years with Goodbee21 years Experience Education / Training BA, Landscape Architecture, Kansas State University Registrations / Certifications Registered Landscape Architect Colorado (#901) Registered Landscape Professional, Town of Castle Rock (#17-2334) CDOT TECS (Cert. #E82A3EA9) CDOT SWMP Preparer (Cert. #9399EF2F) ACEC-CO Leadership Development Program Level 3 (2022/2023) Resumes Zach Green, PLS | Survey / ROW Plans Experience Overview Zach is a licensed field surveyor in several states, and project manager with Farnsworth Group and has 25 years’ experience. His fieldwork is extensive and includes projects from all market sectors, with an emphasis on local, state, and federal projects. He is detail-oriented and consistently delivers high-quality and accurate data to project teams. Zach is also one of Farnsworth Group’s licensed drone pilots and is experienced with the use, processing, and deliverables of our UAV equipment and technology including the photogrammetry and LiDAR mapping systems. He also has significant experience performing surveying and ROW services on CDOT projects in all Regions in Colorado. Relevant Project Experience Englewood Rail Trail | City of Englewood Zach served as the project manager of survey and SUE services for a proposed new 10 ft. multi-use trail along the BNSF and RTD Railroads abutting the City of Englewood. He was responsible for design surveys, right-of-way establishment, and SUE in select areas, and obtaining preliminary railroad approvals for the project’s 30% design. Rio Grande Trail | Roaring Fork Transportation Authority (RFTA) Zach served as the survey and railroad project manager on this trail project. He assisted RFTA with managing their right-of-way with design reviews and encroachment management. Tollgate Trail ROW Plains | City of Aurora Parks and Rec Aurora Parks and Rec: Farnsworth Group provided an approved set of CDOT right-of-way plans for this trail project for the City’s Parks, Recreation, and Open Space Department. This included reconciling design data from two different coordinate systems, one based on UTM and one based on City grid, field surveys, title research and review, preparation of 16-page plan set, and creation of legal descriptions for proposed easements and licenses. Weld County Road 12 Railroad Crossing | Weld County Zach was responsible for railroad coordination and field surveys for this CR 12 widening intersection with the Union Pacific Railroad. The project is located on CR 12 just East of Kahil Street at the Union Pacific railroad crossing. The developers on both sides of the railroad crossing constructed the road widening, curb and gutter addition, and the 10-ft trail along the frontage of CR 12 for their development areas. CO 119 Bikeway Boulder to Longmont (sub to Muller) | Boulder County, CDOT Region 4 The team completed FIR Plans that include 9.1 miles of hard surface trail, six underpasses, pedestrian bridges over Four Mile Creek and Left Hand Creek, seven at-grade crossings, five path connections, and five roadway connections. The CO 119 Bikeway will provide an important bicycle and pedestrian connection between the City of Boulder and the City of Longmont, and the communities in between. This project supports the County’s goal of connecting communities within the County with off-street multiuse paths that are Americans with Disabilities Act (ADA) compliant. Zach was the project surveyor responsible for providing existing conditions mapping and supplemental design surveys, including two crossings of the BNSF Railway for design of a new bikeway within CDOT’s SH 119 right-of-way in select portions of the corridor between Boulder and Airport Road. 25 years with Farnsworth25 years Experience Registrations / Certifications Professional Land Surveyor: Colorado, Idaho, South Dakota Professional Organizations Professional Land Surveyors of Colorado (PLSC) Central Chapter PLSC Resumes 35Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 F. Preliminary project schedule The schedule below differs from the one provided in the RFP. With the expectation of snowy ground from November through March, we are expecting to collect survey starting in April. In the meantime, we propose to use LiDAR information from the 2013 flood to create 30% design plans. This schedule also provides time for the required reviews from the CDOT Permits Unit. Though this schedule adds time compared to the one in the RFP, we are proposing to have design completed by the fourth quarter of 2025. This will allow for NTP and contract negotiations to occur in the winter months with construction starting in the spring. Other Critical MilestoneDeliverable Meeting Task 2024 Q4 2025 Q1 2025 Q2 2025 Q3 2025 Q4 NTP / Kickoff Meeting Concept Design / 30% Design Concept Review / 30% Review 30% Public Meeting and Transportation Advisory Board Meeting Survey / ROW / Data Collection 90% Design 90% Review 90% Public Meeting and Transportation Advisory Board Meeting 100% Design 100% Design Review Period Final Bid Document Design and Submittal Project Schedule 36Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 G. Statement of compliance with the terms and conditions. We affirm our compliance with all terms and conditions set forth in the RFP’s Administrative Section. H. Fee proposal for each trail segment (Task 1: Trail Design for US-34, Task 2: Trail Design for CO-7), submitted separately. Our fee proposal for each trail segment can be found in the additional attached documents as separate files. 37Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 I. Completed Exhibits 1-3 13 EXHIBIT 1 TOWN OF ESTES PARK ACCEPTANCE OF CONDITIONS STATEMENT No employee, elected or appointed official of the Town of Estes Park, or any such person’s spouse or dependent child has an existing or pending, direct or indirect, financial, ownership or personal interest in the proposing firm of this Request for Proposal, except as follows: I/we hereby agree to all instructions, terms and conditions, and specifications contained herein: I/we acknowledge receipt of the following Addenda: Proposing Firm: Address: Telephone Number: Submitted By: Signature Printed Name: Title: Date: Attest: Signature Printed Name: Muller Engineering Company, Inc. 7245 West Alaska Drive, Suite 300Lakewood, CO 80226 Emily Hunter Marketing Coordinator 11/14/2024 303-988-4939 1 on 11/1/24 Emily Sedbrook 38Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 EXHIBIT 2 CONSULTANT’S PERSONNEL AND SUBCONSULTANT LISTING Name: Role: ILLEGAL ALIENS: The Contractor certifies that the Contractor shall comply with the provision of CRS 8-17.5-101, et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that it: (i)has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and the Department of Homeland Security, or (ii)otherwise will comply with the requirements of CRS 8-17.5-102(2)(b)(I). The Contractor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or CRS 8-17.5-101, et seq., the Town may terminate this contract for breach of contract, and the Contractor shall be liable for actual and consequential damages to the Town. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall: (a)Notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b)terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub-paragraph (a.) above, the subcontractor does not stop employing or contracting with the illegal alien, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Steve Gabriszeski Project Principal Emily Sedbrook Project Manager Levi Niesen Roadway/Trail Design Sara Trout Hydraulics/Hydrology/Floodplain John Hausman Traffic/Multimodal Jon Sera Structural/Walls Mackenzie Foss Environmental Jason Campbell GIS/ Visualization Kelly Maiorana Public Involvement Nicole Den Herder Environmental Support Sam Sherwood Geotechnical J E Parker Land/ROW Acquisition Natalie Farmer Utility Coordination Adam Barnard Landscape Architect Zach Green Survey/ROW Plans 39Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 715 EXHIBIT 3 TOWN OF ESTES PARK REFERENCE AUTHORIZATION AND RELEASE FORM To: A Corporation By: , A Partnership whose address is (Proposer) An Individual Proposer hereby authorizes Town to perform such investigation of proposer as the Town deems necessary to establish the qualifications, responsibility and financial ability of proposer. By its signature hereon, proposer authorizes owner to obtain reference information concerning proposer and releases the party providing such information named above and the Town from any and all liability to proposer as a result of any such reference information provided. Proposer further waives any right to receive copies of reference information provided to the Town. An executed copy of this Reference Authorization and Release Form may be used with the same effectiveness as an original. By: Print Name: Title: Date: 11/14/2024 Muller Engineering Company, Inc.7245 West Alaska Drive, Suite 300Lakewood, CO 80226 A. Gray Clark President 40Town of Estes Park Public Works Department Multi-Use Trails Along US Route 34 & CO State Highway 7 Mandatory Requirements We meet all mandatory requirements in section 5.0 of the RFP. In compliance with CRS 8-17.5-101, we certify that we do not and will not employ or contract with unauthorized individuals and will adhere strictly to employment verification standards.       UTILITIES Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Jacqui Wesley, Utilities Project Manager; Reuben Bergsten, Utilities Director Date: February 11, 2025 RE: Resolution 12-25 Professional Services Agreement Amendment with JVA Engineering for the Prospect Mountain Water System Improvements Project - $384,500 Budgeted (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Revise the current Professional Services Agreement with JVA to align with the USDA’s Letter of Conditions (LOC) itemized amounts and include the move testing costs under JVA for coordination and reimbursement. Present Situation: On September 30, 2019, the Town entered into a contract with JVA for professional services for the Prospect Mountain Water System Improvements project in the amount of $1,197,200, the same value shown in the United States Department of Agriculture – Rural Development (USDA-RD) letter of conditions (LOC), revision 1. Construction bids were opened in 2022 with the lowest qualified bidder’s base bid plus additive alternates exceeded the USDA’s funding ($10,967,536). The USDA-RD generously increased their project funding including an increase to engineering basic services up to $1,421,500. We have drafted the required JVA agreement amendment to reflect the changed LOC values for engineering services plus testing services in the amount of $161,000 to cover JVA’s work coordinating and providing testing services through a third party. This amendment does not increase to project’s total of $15,298,000. Proposal: Staff proposes the Town Board approve the agreement amendment increase of $384,500 bringing the total contract value to $1,582,500 which aligns with the latest LOC values. Advantages: •The contract with JVA will match the values in the LOC from USDA-RD •Adjusting values to align with the LOC will allow the Town and USDA-RD to reconcile the available contingency funding with potential change orders from the contractor Disadvantages: None Action Recommended: Staff recommends approval of the agreement amendment. Finance/Resource Impact: 503-7000-580.35-54 project “PMLOAN”; No impact/change in project total cost Level of Public Interest Low Sample Motion: I move for the approval/denial of Resolution 12-25 Attachments: 1. Resolution 12-25 2. LOC dated September 27, 2022 3.Link - JVA agreement dated October 2, 2019 4.JVA amendment No 1 RESOLUTION 12-25 A RESOLUTION APPROVING AN AMENDMENT TO THE JVA, INC. AGREEMENT FOR PROSPECT MOUNTAIN SYSTEM IMPROVEMENTS WHEREAS, on September 30, 2019, the Town entered an engineering services agreement with JVA, Inc. (JVA) for the Prospect Mountain Water Distribution System Improvements project in the amount of $1,197,200 which aligned with the United Stated Department of Agriculture – Rural Development (USDA-RD) letter of conditions (LOC) dated September 28, 2018; and WHEREAS, on September 27, 2022, the USDA-RD issued a revised LOC increasing the project’s financed value to $15,298,000; and WHEREAS, the revised LOC increased the project’s Engineering Fees to $1,421,500; and WHEREAS, JVA is coordinating and contracting testing services in the amount of $161,000 which is included in the overall project budget. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the contract amendment referenced in the title of this resolution in substantially the form now before the Board. DATED this _____ day of __________________, 2025. TOWN OF ESTES PARK ________________________________ Mayor ATTEST: _______________________________ Town Clerk APPROVED AS TO FORM: __________________________ Town Attorney ATTACHMENT 1 USDA is an equal opportunity provider, employer, and lender. Rural Development Colorado State Office Denver Federal Center P.O. Box 25426 Denver, CO 80225 Voice: 800-424-6214 Fax: 866-587-7607 September 27, 2022 Town of Estes Park PO Box 1200 Estes Park, CO 80517 SUBJECT: Amendment to the Amended Letter of Conditions dated April 16, 2021 Project Name: Prospect Mountain Water Company – Cost Overrun Water Application CFDA NUMBER – 10.760 RUS Loan #01: $4,493,000 RUS Grant #02: $6,547,000 RUS Grant #03 $3,988,000 Applicant: $245,000 DOLA: $25,000 If you agree to meet the conditions set forth in this letter and desire further consideration be given to your application, please complete and return the following forms within 30 days: Form RD 1942-46, “Letter of Intent to Meet Conditions” Form RD 1940-1, “Request for Obligation of Funds” RUS Bulletin 1780-12, “Water and Waste System Grant Agreement” The loan/grant will be considered approved on the date Form RD 1940-1, “Request for Obligation of Funds,” is signed by the approving official. Thus, this letter in itself does not constitute loan and/or grant approval, nor does it ensure that funds are or will be available for the project. When funds are available, the Form 1940-1 will be provided to you for your signature. After you sign and return the form to the Agency, the request will be processed and loan/grant funds will be approved and obligated. Extra copies of this letter are being provided for use by your engineer, attorney, bond counsel and accountant. All parties may access information and regulations referenced in this letter at our website located at www.rd.usda.gov. The conditions are as follows: ATTACHMENT 2 Prospect Mountain Water Company Project – Letter of Conditions 2 SECTION I - PROJECT DETAIL 1. Project Description – Funds will be used to upgrade the PMWC water distribution system to meet the Town of Estes Park standards. The system improvements will allow for disinfection and adequate fire flow throughout the Prospect Mountain service area. As a result, the Town of Estes Park will take ownership and operation of the system. Facilities will be designed and constructed in accordance with sound engineering practices and must meet the requirements of Federal, State, and local agencies. The proposed facility design must be based on the Preliminary Engineering Report (PER) as concurred with by the Agency. 2. Project Funding – The Agency is offering the following funding for your project: RUS Loan #01: $4,493,000 RUS Grant #02: $6,547,000 RUS Grant #03 $3,988,000 This offer is based upon the following additional funding being obtained. Applicant Contribution - $ 245,000 DOLA - $25,000 TOTAL PROJECT COST - $15,298,000 This funding is offered based on the amounts stated above. Prior to loan closing, any increase in non-Agency funding will be applied first as a reduction to Agency grant funds, up to the total amount of the grant, and then as a reduction to Agency loan funds. Any changes in funding sources following obligation of Agency funds must be reported to the processing official. Project feasibility and funding will be reassessed if there is a significant change in project costs after bids are received. If actual project costs exceed the project cost estimates, an additional contribution by the Owner may be necessary. Prior to advertisement for construction bids, you must provide evidence of applicant contributions and approval of other funding sources. This evidence should include a copy of the commitment letter. Agency funds will not be used to pre-finance funds committed to the project from other sources. 3. Project Budget – Funding from all sources has been budgeted for the estimated expenditures as follows: Project Costs: Total Budgeted: Admin $537,000 Construction $10,732,588 Prospect Mountain Water Company Project – Letter of Conditions 3 Contingency $999,292 Engineering Fees $1,421,500 Includes: Basic $1,141,500 Estimated Reimbursables $55,000 RPR (Inspection) $225,000 Interest - Interim $125,000 Remaining Town Development/WR Fees $1,064,120 Easement Acquisition $250,000 Testing $161,000 Northern Water Inclusion $7,500 TOTAL $15,298,000 Obligated loan or grant funds not needed to complete the proposed project will be deobligated prior to start of construction. Any reduction will be applied to grant funds first. An amended letter of conditions will be issued for any changes to the total project budget. Please let me know if there are further questions. Sincerely, ALLISON RUIZ Area Specialist EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Estes Park – JVA, Inc Prospect Mountain Water Distribution System Improvements AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Copyright © 2014: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TABLE OF CONTENTS Page ARTICLE 1 – SERVICES OF ENGINEER ................................................................................................................... 1 1.01 Scope .............................................................................................................................................. 1 ARTICLE 2 – OWNER’S RESPONSIBILITIES ............................................................................................................ 1 2.01 General ........................................................................................................................................... 1 ARTICLE 3 – SCHEDULE FOR RENDERING SERVICES............................................................................................ 2 3.01 Commencement ............................................................................................................................. 2 3.02 Time for Completion ...................................................................................................................... 2 ARTICLE 4 – INVOICES AND PAYMENTS .............................................................................................................. 2 4.01 Invoices ........................................................................................................................................... 2 4.02 Payments ........................................................................................................................................ 2 ARTICLE 5 – OPINIONS OF COST .......................................................................................................................... 3 5.01 Opinions of Probable Construction Cost ....................................................................................... 3 5.02 Designing to Construction Cost Limit ............................................................................................ 3 5.03 Opinions of Total Project Costs ...................................................................................................... 4 ARTICLE 6 – GENERAL CONSIDERATIONS ............................................................................................................ 4 6.01 Standards of Performance ............................................................................................................. 4 6.02 Design Without Construction Phase Services ............................................................................... 6 6.03 Use of Documents .......................................................................................................................... 6 6.04 Electronic Transmittals ................................................................................................................... 7 6.05 Insurance ........................................................................................................................................ 7 6.06 Suspension and Termination ......................................................................................................... 8 6.07 Controlling Law ............................................................................................................................... 9 6.08 Successors, Assigns, and Beneficiaries ........................................................................................ 10 6.09 Dispute Resolution ....................................................................................................................... 10 6.10 Environmental Condition of Site .................................................................................................. 10 6.11 Indemnification and Mutual Waiver ........................................................................................... 11 6.12 Records Retention ........................................................................................................................ 12 6.13 Miscellaneous Provisions ............................................................................................................. 12 ARTICLE 7 – DEFINITIONS ................................................................................................................................... 13 7.01 Defined Terms .............................................................................................................................. 13 ARTICLE 8 – EXHIBITS AND SPECIAL PROVISIONS ............................................................................................. 17 8.01 Exhibits Included: ......................................................................................................................... 17 8.02 Total Agreement: ......................................................................................................................... 18 8.03 Designated Representatives: ....................................................................................................... 18 8.04 Engineer's Certifications: ............................................................................................................. 18 EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Owner and Engineer further agree as follows: ARTICLE 1 – SERVICES OF ENGINEER 1.01 Scope A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. ARTICLE 2 – OWNER’S RESPONSIBILITIES 2.01 General A. Owner shall have the responsibilities set forth herein and in Exhibit B. B. Owner shall pay Engineer as set forth in Article 4 and Exhibit C. C. Owner shall be responsible for all requirements and instructions that it furnishes to Engineer pursuant to this Agreement, and for the accuracy and completeness of all programs, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use and rely upon such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement, subject to any express limitations or reservations applicable to the furnished items. D. Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of: 1. any development that affects the scope or time of performance of Engineer’s services; THIS IS AN AGREEMENT effective as of (“Effective Date”) between Town of Estes Park, Colorado (“Owner”) and JVA, Incorporated (“Engineer”). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Prospect Mountain Water Distribution System Improvements ("Project"). Other terms used in this Agreement are defined in Article 7. Engineer's services under this Agreement are generally identified as follows: Basic services (including preliminary design, final design, bidding, construction phase services, post-construction phase services), Resident Project Representative (RPR) during construction, and Additional Services as approved. October 2, 2019 EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 2. the presence at the Site of any Constituent of Concern; or 3. any relevant, material defect or nonconformance in: (a) Engineer’s services, (b) the Work, (c) the performance of any Constructor, or (d) Owner’s performance of its responsibilities under this Agreement. ARTICLE 3 – SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer is authorized to begin rendering services as of the Effective Date. 3.02 Time for Completion A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services, or specific dates by which services are to be completed, are provided in Exhibit A, and are hereby agreed to be reasonable. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer’s services is impaired, or Engineer’s services are delayed or suspended, then the time for completion of Engineer’s services, and the rates and amounts of Engineer’s compensation, shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Project or Engineer’s services, then the time for completion of Engineer’s services, and the rates and amounts of Engineer’s compensation, shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer’s performance of its services. E. If Engineer fails, through its own fault, to complete the performance required in this Agreement and any applicable requirement of Enginer in the USDA Rural Development the “Agency”) Letter of Conditions dated September 28, 2018 within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, to the recovery of direct damages, if any, resulting from such failure. ARTICLE 4 – INVOICES AND PAYMENTS 4.01 Invoices A.Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Invoices must include a breakdown of services provided. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. 4.02 Payments A.Application to Interest and Principal: Payment will be credited first to any interest owed to Engineer and then to principal. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 B. Failure to Pay: If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer’s invoice, then: 1. amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; and 2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices: If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion subject to the terms of Paragraph 4.01. D. Sales or Use Taxes: If after the Effective Date any governmental entity takes a legislative action that imposes additional sales or use taxes on Engineer’s services or compensation under this Agreement, then Engineer may invoice such additional sales or use taxes for reimbursement by Owner. Owner shall reimburse Engineer for the cost of such invoiced additional sales or use taxes; such reimbursement shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C. ARTICLE 5 – OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer’s opinions (if any) of probable Construction Cost are to be made on the basis of Engineer’s experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors’ methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable Construction Cost, then Owner agrees to obtain an independent cost estimate. Opinions of Probable Cost and any revisions thereof should reflect compliance with American Iron & Steel requirements mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A – Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference.” 5.02 Designing to Construction Cost Limit A. If a Construction Cost limit is established between Owner and Engineer, such Construction Cost limit and a statement of Engineer’s rights and responsibilities with respect thereto will be specifically set forth in Exhibit F to this Agreement. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in tabulating the various categories that comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. B.Opinions of Total Project Costs and any revisions thereof should reflect compliance with American Iron & Steel requirements mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A – Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference. ARTICLE 6 – GENERAL CONSIDERATIONS 6.01 Standards of Performance A.Standard of Care: The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. B.Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer’s services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner-furnished information. C.Consultants: Engineer may retain such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D.Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E.Compliance with Laws and Regulations, and Policies and Procedures: 1. Engineer and Owner shall comply with applicable Laws and Regulations. 2. Engineer shall comply with any and all policies, procedures, and instructions of Owner that are applicable to Engineer's performance of services under this Agreement and that Owner provides to Engineer in writing, subject to the standard of care set forth in Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional practice requirements. 3. This Agreement is based on Laws and Regulations and Owner-provided written policies and procedures as of the Effective Date. The following may be the basis for EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 modifications to Owner’s responsibilities or to Engineer’s scope of services, times of performance, or compensation: a. changes after the Effective Date to Laws and Regulations; b. the receipt by Engineer after the Effective Date of Owner-provided written policies and procedures; c. changes after the Effective Date to Owner-provided written policies or procedures. F. Engineer shall not be required to sign any document, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such document. G. The general conditions for any construction contract documents prepared hereunder are to be EJCDC® C-700 “Standard General Conditions of the Construction Contract” (2013 Edition), prepared by the Engineers Joint Contract Documents Committee, unless expressly indicated otherwise in Exhibit J or elsewhere in this Agreement. H. Engineer shall not at any time supervise, direct, control, or have authority over any Constructor’s work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a Constructor to comply with Laws and Regulations applicable to that Constructor’s furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any Constructor. I. Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s, failure to furnish and perform the Work in accordance with the Construction Contract Documents. J. Engineer shall not be responsible for any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by Engineer or its Consultants. K. Engineer is not required to provide and does not have any responsibility for surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. L. Engineer’s services do not include providing legal advice or representation. M. Engineer’s services do not include (1) serving as a “municipal advisor” for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission, or (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances. N. While at the Site, Engineer, its Consultants, and their employees and representatives shall comply with the applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing. 6.02 Design Without Construction Phase Services A. Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in Exhibit A, Paragraph A1.05. With the exception of such expressly required services, Engineer shall have no design, Shop Drawing review, or other obligations during construction, and Owner assumes all responsibility for the application and interpretation of the Construction Contract Documents, review and response to Contractor claims, Construction Contract administration, processing of Change Orders and submittals, revisions to the Construction Contract Documents during construction, construction observation and review, review of Contractor’s payment applications, and all other necessary Construction Phase administrative, engineering, and professional services. Owner waives all claims against the Engineer that may be connected in any way to Construction Phase administrative, engineering, or professional services except for those services that are expressly required of Engineer in Exhibit A. 6.03 Use of Documents A. All Documents are instruments of service, and Engineer shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Engineer) whether or not the Project is completed. B. If Engineer is required to prepare or furnish Drawings or Specifications under this Agreement, Engineer shall deliver to Owner at least one original printed record version of such Drawings and Specifications, signed and sealed according to applicable Laws and Regulations. C. Owner may make and retain copies of Documents for information and reference in connection with the use of the Documents on the Project. Engineer grants Owner a limited license to use the Documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all services relating to preparation of the Documents, and subject to the following limitations: (1) Owner acknowledges that such Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and Consultants; (3) To the fullest extent legally allowed, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 any use, reuse, or modification of the Documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. D. If Engineer at Owner’s request verifies the suitability of the Documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. 6.04 Electronic Transmittals A. Owner and Engineer may transmit, and shall accept, Project-related correspondence, Documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with a mutually agreeable protocol. B. If this Agreement does not establish protocols for electronic or digital transmittals, then Owner and Engineer shall may jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. 6.05 Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G. Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer. B. Owner shall procure and maintain insurance as set forth in Exhibit G. Owner shall cause Engineer and its Consultants to be listed as additional insureds on any general liability policies carried by Owner, which are applicable to the Project. C. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in the Project. Owner shall require Contractor to cause Engineer and its Consultants to be listed as additional insureds with respect to such liability insurance purchased and maintained by Contractor for the Project. D. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Engineer’s services and at renewals thereafter during the life of the Agreement. E. All policies of property insurance relating to the Project, including but not limited to any builder’s risk policy, shall allow for waiver of subrogation rights and contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 rights of recovery against any insured thereunder or against Engineer or its Consultants. Owner and Engineer waive all rights against each other, Contractor, the Consultants, and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by any builder’s risk policy and any other property insurance relating to the Project. Owner and Engineer shall take appropriate measures in other Project-related contracts to secure waivers of rights consistent with those set forth in this paragraph. F. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be canceled or reduced in limits by endorsement, and that renewal will not be refused, until at least 10 days prior written notice has been given to the primary insured. Upon receipt of such notice, the receiving party shall promptly forward a copy of the notice to the other party to this Agreement. G. At any time, Owner may request that Engineer or its Consultants, at Owner’s sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements. 6.06 Suspension and Termination A. Suspension: 1. By Owner: Owner may suspend the Project for up to 90 days upon seven days written notice to Engineer. 2. By Engineer: Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement if Owner has failed to pay Engineer for invoiced services and expenses, as set forth in Paragraph 4.02.B, or in response to the presence of Constituents of Concern at the Site, as set forth in Paragraph 6.10.D. B. Termination: The obligation to provide further services under this Agreement may be terminated: 1. For cause, a. by either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. b. by Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer’s responsibilities as a licensed professional; or EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 2) upon seven days written notice if the Engineer’s services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer’s control, or as the result of the presence at the Site of undisclosed Constituents of Concern, as set forth in Paragraph 6.10.D. 3) Engineer shall have no liability to Owner on account of such termination. c. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.06.B.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Engineer’s receipt of notice from Owner. C.Effective Date of Termination: The terminating party under Paragraph 6.06.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. D.Payments Upon Termination: 1. In the event of any termination under Paragraph 6.06, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, Owner shall have the limited right to the use of Documents, at Owner’s sole risk, subject to the provisions of Paragraph 6.03. 2. In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 6.06.D.1, to invoice Owner and receive payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer’s Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C. 6.07 Controlling Law A. This Agreement is to be governed by the Laws and Regulations of the state in which the Project is located. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 6.08 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.08.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest including, but without limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this Paragraph 6.08.C shall appear in the Construction Contract Documents. 6.09 Dispute Resolution A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights at law. B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.09.A, then either or both may invoke the procedures of Exhibit H. If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the parties may exercise their rights at law. 6.10 Environmental Condition of Site A. Owner represents to Engineer that as of the Effective Date to the best of Owner’s knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 C. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If investigative or remedial action, or other professional services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner," “arranger,” “operator,” generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement. 6.11 Indemnification and Mutual Waiver A.Indemnification by Engineer: To the fullest extent permitted by Laws and Regulations legally allowed, Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors, members, partners, agents, consultants, and employees, from losses, damages, and judgments (including reasonable consultants’ and attorneys’ fees and expenses) arising from third-party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer’s officers, directors, members, partners, agents, employees, or Consultants. This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I, Limitations of Liability." B.Indemnification by Owner: To the fullest extent legally allowed, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants as required by Laws and Regulations. and to the extent (if any) required in Exhibit I, “Limitations of Liability.” C.Environmental Indemnification: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, costs, losses, damages, actions, and judgments (including reasonable consultants’ and attorneys fees and EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 expenses) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (1) any such claim, cost, loss, damages, action, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D.No Defense Obligation: The indemnification commitments in this Agreement do not include a defense obligation by the indemnitor unless such obligation is expressly stated. E.Percentage Share of Negligence: To the fullest extent permitted by Laws and Regulations legally allowed, a party’s total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party’s negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. F.Mutual Waiver: To the fullest extent permitted by Laws and Regulations legally allowed, Owner and Engineer waive against each other, and the other’s employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, from any cause or causes. 6.12 Records Retention A. Engineer shall maintain on file in legible form, for a period of five years following completion or termination of its services, all Documents, records (including cost records), and design calculations related to Engineer’s services or pertinent to Engineer’s performance under this Agreement. Upon Owner’s request, Engineer shall provide a copy of any such item to Owner at cost. 6.13 Miscellaneous Provisions A.Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B.Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C.Severability: Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, which agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. D. Waiver: A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims: To the fullest extent permitted by Laws and Regulations legally allowed, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. F. Colorado Governmental Immunity Act: The parties hereto understand and agree that the Owner is relying on, and does not waive or intend to waive by any provision in this Agreement, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the Owner, its officers, employees or agents. G. Annual Appropriations: Nothing herein shall constitute a multiple fiscal year obligation of the Owner pursuant to the Colorado Constitution, Article X, and Section 20. Notwithstanding any other provision of this Agreement, the Owner’s obligations under this Agreement are subject to annual appropriation by the Town Board. Any failure of the Town Board annually to appropriate adequate monies to finance the Owner’s obligations under this Agreement shall terminate this Agreement at such time as such then-existing appropriations are to be depleted. Notice shall be promptly given to Engineer of any failure to appropriate such adequate monies. ARTICLE 7 – DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits, or in the following definitions: 1. Addenda—Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding requirements or the proposed Construction Contract Documents. 2. Additional Services—The services to be performed for or furnished to Owner by Engineer in accordance with Part 2 of Exhibit A of this Agreement. 3. Agreement—This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed amendments. 4. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 which is to be accompanied by such supporting documentation as is required by the Construction Contract. 5.Basic Services—The services to be performed for or furnished to Owner by Engineer in accordance with Part 1 of Exhibit A of this Agreement. 6.Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Construction Contract Price or the Construction Contract Times, or other revision to the Construction Contract, issued on or after the effective date of the Construction Contract. 7.Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth in the Construction Contract, seeking an adjustment in Construction Contract Price or Construction Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Construction Contract Documents or the acceptability of Work under the Construction Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Construction Contract. 8.Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, State, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 9.Construction Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work. 10.Construction Contract Documents—Those items designated as “Contract Documents” in the Construction Contract, and which together comprise the Construction Contract. 11.Construction Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Construction Contract Documents. 12.Construction Contract Times—The number of days or the dates by which Contractor shall: (a) achieve milestones, if any, in the Construction Contract; (b) achieve Substantial Completion; and (c) complete the Work. 13.Construction Cost—The cost to Owner of the construction of those portions of the entire Project designed or specified by or for Engineer under this Agreement, including construction labor, services, materials, equipment, insurance, and bonding costs, and allowances for contingencies. Construction Cost does not include costs of services of EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 Engineer or other design professionals and consultants; cost of land or rights-of-way, or compensation for damages to property; Owner’s costs for legal, accounting, insurance counseling, or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner. Construction Cost is one of the items comprising Total Project Costs. 14.Constructor—Any person or entity (not including the Engineer, its employees, agents, representatives, and Consultants), performing or supporting construction activities relating to the Project, including but not limited to Contractors, Subcontractors, Suppliers, Owner’s work forces, utility companies, other contractors, construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them. 15.Consultants—Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer’s independent professional associates and consultants; subcontractors; or vendors. 16.Contractor—The entity or individual with which Owner enters into a Construction Contract. 17.Documents—Data, reports, Drawings, Specifications, Record Drawings, building information models, civil integrated management models, and other deliverables, whether in printed or electronic format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. 18.Drawings—That part of the Construction Contract Documents that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19.Effective Date—The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver. 20.Engineer—The individual or entity named as such in this Agreement. 21.Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Construction Contract Price or the Construction Contract Times. 22.Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 23.Owner—The individual or entity named as such in this Agreement and for which Engineer's services are to be performed. Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning the Project. 24.Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 start-up, and of which the services to be performed or furnished by Engineer under this Agreement are a part. 25.Record Drawings—Drawings depicting the completed Project, or a specific portion of the completed Project, prepared by Engineer as an Additional Service and based on Contractor's record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction. 26.Reimbursable Expenses—The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic Services and Additional Services for the Project. 27.Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D. 28.Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 29.Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Construction Contract Documents. 30.Site—Lands or areas to be indicated in the Construction Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 31.Specifications—The part of the Construction Contract Documents that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 32.Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 33.Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer and the Owner, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Construction Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 34.Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 35.Total Project Costs—The total cost of planning, studying, designing, constructing, testing, commissioning, and start-up of the Project, including Construction Cost and all other Project labor, services, materials, equipment, insurance, and bonding costs, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project-related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights-of-way, compensation for damages to properties, Owner’s costs for legal, accounting, insurance counseling, and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner. 36.Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Construction Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Construction Contract Documents. 37.Work Change Directive—A written directive to Contractor issued on or after the effective date of the Construction Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 38.Agency–The Rural Utilities Service or any designated representative of Rural Utilities Service, including USDA, Rural Development. B.Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. ARTICLE 8 – EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included: A. Exhibit A, Engineer’s Services. B. Exhibit B, Owner’s Responsibilities. C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses. D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project Representative. E. Exhibit E, Notice of Acceptability of Work. F. Exhibit F, Construction Cost Limit. NOT USED EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 G. Exhibit G, Insurance. H. Exhibit H, Dispute Resolution. I. Exhibit I, Limitations of Liability. NOT USED J. Exhibit J, Special Provisions. NOT USED K. Exhibit K, Amendment to Owner-Engineer Agreement. 8.02 Total Agreement A. This Agreement, (together with the exhibits included above) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a written instrument duly executed by both parties. Amendments should be based whenever possible on the format of Exhibit K to this Agreement. 8.03 Designated Representatives A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer’s and Owner’s representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such an individual shall have authority to transmit instructions, receive information, and render decisions relative to this Agreement on behalf of the respective party whom the individual represents. 8.04 Engineer's Certifications A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph 8.04: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the selection process or in the Agreement execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition; 3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement. 8.05 Federal Requirements A.Agency Concurrence. Signature of a duly authorized representative of the Agency in the space provided on the signature page of EJCDC form E-500 hereof does not constitute a commitment to provide financial assistance or payments hereunder but does signify that this Agreement conforms to Agency’s applicable requirements. This Agreement shall not be effective unless the Funding Agency’s designated representative concurs. No EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 Engineer License or Firm's Certificate No. (if required): PE.0040279 State of: Colorado Address for Owner’s receipt of notices: Address for Engineer’s receipt of notices: 170 MacGregor Ave PO Box 1200 1319 Spruce Street Estes Park, CO 80517 Boulder, CO 80302 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Reuben Bergsten Josh J. McGibbon Title: Utilities Director Title: Vice President Phone Number: 970-577-3583 Phone Number: 970-225-9099 E-Mail Address: RBergsten@Estes.org E-Mail Address: jmcgibbon@jvajva.com RUS Bulletin 1780-26 Exhibit C Page 1 RUS CERTIFICATION PAGE PROJECT NAME:____Prospect Mountain Water Distribution System Improvements __ The Engineer and Owner hereby concur in the Funding Agency required revisions to E-500 2014). In addition, Engineer certifies to the following: All modifications required by RUS Bulletin 1780-26 have been made in accordance with the terms of the license agreement, which states in part that the Engineer “must plainly show all changes to the Standard EJCDC Text, using ‘Track Changes’ (redline/strikeout), highlighting, or other means of clearly indicating additions and deletions.” Such other means may include attachments indicating changes (e.g. Supplementary Conditions modifying the General Conditions). SUMMARY OF ENGINEERING FEES Note that the fees indicated on this table are only a summary and if there is a conflict with any provision of Exhibit C, the provisions there overrule the values on this table. Fees shown in will not be exceeded without the concurrence of the Agency. Basic Services Resident Project Observation Additional Services TOTAL: 825,000.00__________ 372,200.00_________ 0.00___________ 1,197,200.00__________ Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT A, consisting of [ 17 ] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 2, 2019 Engineer’s Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1 – BASIC SERVICES A1.01 Study and Report Phase NOT USED A1.02 Preliminary Design Phase A. After acceptance by Owner and concurrence by Agency of the Report and any other Study and Report Phase deliverables; selection by Owner of a recommended solution; issuance by Owner of any instructions of for use of Project Strategies, Technologies, and Techniques, or for inclusion of sustainable features in the design; and indication by Owner of any specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by Owner, (1) Engineer and Owner shall discuss and resolve any necessary revisions to Engineer’s compensation (through application of the provisions regarding Additional Services, or otherwise), or the time for completion of Engineer’s services, resulting from the selected solution, related Project Strategies, Technologies, or Techniques, sustainable design instructions, or specific modifications to the Project, and (2) upon written authorization from Owner, Engineer shall: 1. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project. 2. In preparing the Preliminary Design Phase documents, use any specific applicable Project Strategies, Technologies, and Techniques authorized by Owner and Agency during or following the Study and Report Phase, and include sustainable features, as appropriate, pursuant to Owner’s instructions. 3. Provide necessary field surveys and topographic and utility mapping for Engineer’s design purposes. Comply with the scope of work and procedure for the identification and mapping of existing utilities selected and authorized by Owner pursuant to advice from Engineer based on ASCE 38, “Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data,” as set forth in Paragraph A1.01.A.12 above. If no such scope of work and procedure for utility mapping has been selected and authorized, then at a minimum the utility mapping will include Engineer contacting utility owners and obtaining available information. 4. Visit the Site as needed to prepare the Preliminary Design Phase documents. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 5. Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. 6. Continue to assist Owner with Project Strategies, Technologies, and Techniques that Owner has chosen to implement. 7. Based on the information contained in the Preliminary Design Phase documents, prepare a revised opinion of probable Construction Cost, and assist Owner in tabulating the various cost categories which comprise Total Project Costs. 8. Obtain and review Owner’s instructions regarding Owner’s procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner’s construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner’s bidding-related documents (or requests for proposals or other construction procurement documents), and Construction Contract Documents. Also obtain and review copies of Owner’s design and construction standards, Owner’s standard forms, general conditions (if other than EJCDC® C-700, Standard General Conditions of the Construction Contract, 2013 Edition), supplementary conditions, text, and related documents or content for Engineer to include in the draft bidding-related documents (or requests for proposals or other construction procurement documents), and in the draft Construction Contract Documents, when applicable. Engineer must also incorporate all Agency regulations, forms, and design and construction standards applicable to the project in development of the documents indicated in this Article. 9. Perform or provide the following other Preliminary Design Phase tasks or deliverables: a.Prepare and submit a Colorado Department of Public Health and Environment CDPHE) required Basis of Design Report (BDR) for the new water storage tank only. 10. Furnish [ electronic ] review copies of the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables to Owner within [ 210 ] days of authorization to proceed with this phase, and review them with Owner. Within [ 30 ] days of receipt, Owner shall submit to Engineer any comments regarding the furnished items. 11. Revise the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables in response to Owner’s comments, as appropriate, and furnish to Owner [ electronic ] copies of the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables within [ 14 ] days after receipt of Owner’s comments. B. Engineer’s services under the Preliminary Design Phase will be considered complete on the date when Engineer has delivered to Owner the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 A1.03 Final Design Phase A. After acceptance by Owner of the Preliminary Design Phase documents, revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other Preliminary Design Phase deliverables, subject to any Owner-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: 1. Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Visit the Site as needed to assist in preparing the final Drawings and Specifications. 3. Provide technical criteria, written descriptions, and design data for Owner’s use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design; assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities, as appropriate. 4. Advise Owner of any recommended adjustments to the opinion of probable Construction Cost. 5. After consultation with Owner, include in the Construction Contract Documents any specific protocols for the transmittal of Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website. Any such protocols shall be applicable to transmittals between and among Owner, Engineer, and Contractor during the Construction Phase and Post-Construction Phase, and unless agreed otherwise shall supersede any conflicting protocols previously established for transmittals between Owner and Engineer. 6. Assist Owner in assembling known reports and drawings of Site conditions, and in identifying the technical data contained in such reports and drawings upon which bidders or other prospective contractors may rely. 7. In addition to preparing the final Drawings and Specifications, assemble drafts of other Construction Contract Documents based on specific instructions and contract forms, text, or content received from Owner. 8. Prepare or assemble draft bidding-related documents (or requests for proposals or other construction procurement documents), based on the specific bidding or procurement- related instructions and forms, text, or content received from Owner. 9. Perform or provide the following other Final Design Phase tasks or deliverables: a.The Engineer shall identify the building codes and accessibility standards used in the design and indicate them on the drawings and specifications and certify that the final drawings and specifications comply with those standards. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 10. Furnish for review by Owner, its legal counsel and Agency, and other advisors, electronic] copies of the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables, within [ 90 ] days of authorization to proceed with the Final Design Phase, and review them with Owner. Within [ 30 ] days of receipt, Owner shall submit to Engineer any comments regarding the furnished items, and any instructions for revisions. 11. Revise the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables in accordance with comments and instructions from the Owner, as appropriate, and submit [ 3 ] final copies of such documents to Owner within [ 21 ] days after receipt of Owner’s comments and instructions. 12.Provide the Owner and Agency with a written certification that the final Drawings and Specifications, other assembled Construction Contract Documents, bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables comply with all requirements of Agency. Use the Engineer’s Certification of Final Plans and Specifications (RUS Bulletin 1780-26, Exhibit J) for this purpose.” 13.Services required to determine and certify that the best of the Engineer’s knowledge and belief all iron and steel products referenced in engineering analysis, the Plans, Specifications, Bidding Documents, and associated Bid Addenda requiring design revisions are either produced in the United States or are the subject of an approved waiver; and services required to determine the best of the engineer’s knowledge and belief that approved substitutes, equals, and all iron and steel products proposed in the shop drawings, Change Orders and Partial Payment Estimates are either produced in the United States or are the subject of an approved waiver under Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A – Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statues mandating domestic preference. The term “iron and steel products” means the following products made primarily of iron or steel; lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clams and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The deminimis and minor components waiver apply to this contract. B. Engineer’s services under the Final Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Drawings and Specifications, other assembled Construction Contract Documents, bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables and all final design phase deliverables have been accepted by Owner. C. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime contract, or if Engineer’s services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast-tracking), Owner Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 and Engineer shall, prior to commencement of the Final Design Phase, develop a schedule for performance of Engineer’s services during the Final Design, Bidding or Negotiating, Construction, and Post-Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently. D. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer’s compensation has been established under this Agreement is [ 1 ]. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement. A1.04 Bidding or Negotiating Phase A. After acceptance by Owner of the final Drawings and Specifications, other Construction Contract Documents, bidding-related documents (or requests for proposals or other construction procurement documents), and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work, assist Owner in issuing assembled design, contract, and bidding-related documents (or requests for proposals or other construction procurement documents) to prospective contractors, and, where applicable, maintain a record of prospective contractors to which documents have been issued, attend pre-bid conferences, if any, and receive and process contractor deposits or charges for the issued documents. 2. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued documents. Obtain Agency concurrence on any addenda that modify the bidding documents. Obtain prior concurrence where possible. 3. Provide information or assistance needed by Owner in the course of any review of proposals or negotiations with prospective contractors. 4. Consult with Owner as to the qualifications of prospective contractors. 5. Consult with Owner as to the qualifications of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors, for those portions of the Work as to which review of qualifications is required by the issued documents. 6.The Engineer shall evaluate and determine the acceptability of “or equals” and substitute materials and equipment proposed by prospective contractors prior to award of contracts for the Work. Engineer shall issue a bid addendum for any and all approved “or equals” and substitutes. Review of substitutes and “or equals” shall be in accordance with the General Conditions of the Construction Contract and applicable Agency regulations. Services under this paragraph are subject to the provisions of Paragraph A2.02.A.2 of this Exhibit A. If the issued documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by prospective contractors, provided that such proposals are Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 allowed by the bidding related documents (or requests for proposals or other construction procurement documents) prior to award of contracts for the Work. Services under this paragraph are subject to the provisions of Paragraph A2.02.A.2 of this Exhibit A. 7. Attend the bid opening, prepare bid tabulation sheets to meet Owner’s schedule, and assist Owner in evaluating bids or proposals, assembling final contracts for the Work for execution by Owner and Contractor, and in issuing notices of award of such contracts. 8. If Owner engages in negotiations with bidders or proposers, assist Owner with respect to technical and engineering issues that arise during the negotiations. 9. Perform or provide the following other Bidding or Negotiating Phase tasks or deliverables: a.Upon award of the Construction Contract, the Engineer shall furnish to Owner five executed copies of the Contract Documents and one electronic copy of the signed documents, including Drawings and Specifications. 10.Provide copies of Manufacturers’ Certification letters to the Bidders on any brand name iron and steel products along with the Plans, Specifications and Bidding Documents. Manufacturers’ Certification Letters are to be included in the Bidding Documents and must be kept in the engineer’s project file and on site during construction. 11.Provide copies of Manufacturers’ Certification letters to the Contractor on any brand name iron and steel products along with the Plans, Specifications, Bidding Documents including any Bid Addenda and Change Orders. Manufacturers’ Certification Letters must be kept in the engineer’s project file and on site during construction. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Agreement). A1.05 Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall: 1.General Administration of Construction Contract: Consult with Owner and act as Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer shall be as assigned in EJCDC® C-700, Standard General Conditions of the Construction Contract (2013 Edition), prepared by the Engineers Joint Contract Documents Committee, or other construction general conditions specified in this Agreement. If Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of Engineer in the Construction Contract, or modify other terms of the Construction Contract having a direct bearing on Engineer, then Owner shall compensate Engineer for any related increases in the cost to provide Construction Phase services. Engineer shall not be Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 required to furnish or perform services contrary to Engineer’s responsibilities as a licensed professional. All of Owner’s instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2.Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor’s work. Duties, responsibilities, and authority of the RPR are as set forth in Exhibit D. The furnishing of such RPR’s services will not limit, extend, or modify Engineer’s responsibilities or authority except as expressly set forth in Exhibit D. 3.Selection of Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform the services identified in Exhibit B, Paragraph B2.01. 4.Pre-Construction Conference: Participate in and chair a pre-construction conference prior to commencement of Work at the Site. 5.Electronic Transmittal Protocols: If the Construction Contract Documents do not specify protocols for the transmittal of Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, then together with Owner and Contractor jointly develop such protocols for transmittals between and among Owner, Contractor, and Engineer during the Construction Phase and Post-Construction Phase. 6.Original Documents: If requested by Owner to do so, m Maintain and safeguard during the Construction Phase at least one original printed record version of the Construction Contract Documents, including Drawings and Specifications signed and sealed by Engineer and other design professionals in accordance with applicable Laws and Regulations. Throughout the Construction Phase, make such original printed record version of the Construction Contract Documents available to Contractor and Owner for review. 7.Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 8.Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer’s judgment are necessary to enable Contractor to proceed. 9.Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor’s executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 intended to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Construction Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer’s visits to the Site, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Construction Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Construction Contract Documents. Engineer shall not, during such visits or as a result of such observations of the Work, supervise, direct, or have control over the Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to any Constructor’s work in progress, for the coordination of the Constructors’ work or schedules, nor for any failure of any Constructor to comply with Laws and Regulations applicable to furnishing and performing of its work. Accordingly, Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s failure to furnish or perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents. c.The visits described in Article A1.05.A.9.a shall be at least monthly and the Engineer shall document all visits to the project with copies furnished to the Owner and Agency. 10.Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work is defective under the terms and standards set forth in the Construction Contract Documents. Provide recommendations to Owner regarding whether Contractor should correct such Work or remove and replace such Work, or whether Owner should consider accepting such Work as provided in the Construction Contract Documents. 11.Compatibility with Design Concept: If Engineer has express knowledge that a specific part of the Work that is not defective under the terms and standards set forth in the Construction Contract Documents is nonetheless not compatible with the design concept of the completed Project as a functioning whole, then inform Owner of such incompatibility, and provide recommendations for addressing such Work. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 12.Clarifications and Interpretations: Accept from Contractor and Owner submittal of all matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Construction Contract Documents. With reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Construction Contract Documents. 13.Non-reviewable Matters: If a submitted matter in question concerns the Engineer’s performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (1) the performance or acceptability of the Work under the Construction Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will not provide a decision or interpretation. 14.Field Orders: Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes in the Work. 15.Change Orders and Work Change Directives: Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. 16.Differing Site Conditions: Respond to any notice from Contractor of differing site conditions, including conditions relating to underground facilities such as utilities, and hazardous environmental conditions. Promptly conduct reviews and prepare findings, conclusions, and recommendations for Owner’s use. 17.Shop Drawings, Samples, and Other Submittals: Review and approve or take other appropriate action with respect to Shop Drawings, Samples, and other required Contractor submittals to ensure compliance with American and Iron Steel requirements mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A – Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference. Any iron and steel products included in any submittal by the General Contractor, must include a Manufacturers’ Certification letter to verify the products were produced in the United States. Copies of Manufacturers’ Certification letters must be kept in the engineer’s project file and on site during construction. Review and approve or take other appropriate action with respect to Shop Drawings, Samples, and other required Contractor submittals, but only for conformance with the information given in the Construction Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor’s submittal schedule that Engineer has accepted. 18.Substitutes and “Or-equal”: Evaluate and determine the acceptability of substitute or or-equal” materials and equipment proposed by Contractor, but subject to the Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 provisions of Paragraph A2.02.A.2 of this Exhibit A. Review of substitutes and “or equals” shall be in accordance with the General Conditions of the Construction Contract and applicable Agency regulations. Prior to approval of any substitute “or equal” obtain a Manufacturers’ Certification letter to verify the products were produced in the United States. Manufacturers’ Certification letters must be kept in the engineer’s project file and on site during construction to ensure compliance with American and Iron Steel requirements mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A – Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statues mandating domestic preference, if applicable. 19.Inspections and Tests: a. Receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Construction Contract Documents. Engineer’s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Construction Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Construction Contract Documents. Engineer shall be entitled to rely on the results of such inspections and tests. b. As deemed reasonably necessary, request that Contractor uncover Work that is to be inspected, tested, or approved. c. Pursuant to the terms of the Construction Contract, require special inspections or testing of the Work, whether or not the Work is fabricated, installed, or completed. d.Receive and review all Manufacturers’ Certification Letters for materials required to comply with American and Iron Steel requirements mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A – Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference to verify the products were produced in the United States. Manufacturers’ Certification letters must be kept in the engineer’s project file and on site during construction. 20.Change Proposals and Claims: (a) Review and respond to Change Proposals. Review each duly submitted Change Proposal from Contractor and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer will not resolve the Change Proposal. (b) Provide information or data to Owner regarding engineering or technical matters pertaining to Claims. (c) Review Change Proposals to ensure compliance with American Iron and Steel requirements mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 Division A – Agriculture, Rural Development, Food and Drug Administration, and Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference. 21.Applications for Payment: Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Recommend reductions in payment (set-offs) based on the provisions for set-offs stated in the Construction Contract. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Construction Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Construction Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. In the case of unit price Work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). b. By recommending payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work, or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the money paid to Contractor by Owner; to determine that title to any portion of the Work, including materials or equipment, has passed to Owner free and clear of any liens, claims, security interests, or encumbrances; or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 22.Contractor’s Completion Documents: Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Construction Contract Documents, certificates of inspection, tests and approvals, and Shop Drawings, Samples, and other data approved as provided under Paragraph A1.05.A.17. Receive from Contractor, review, and transmit to Owner the annotated record documents which are Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 to be assembled by Contractor in accordance with the Construction Contract Documents to obtain final payment. The extent of Engineer’s review of record documents shall be to check that Contractor has submitted all pages. Receive from Contractor and review the annotated record documents which are to be assembled by Contractor in accordance with the Construction Contract Documents to obtain final payment. The Engineer shall prepare Record Drawings, and furnish such Record Drawings to Owner.” 23.Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Site to review the Work and determine the status of completion. Follow the procedures in the Construction Contract regarding the preliminary certificate of Substantial Completion, punch list of items to be completed, Owner’s objections, notice to Contractor, and issuance of a final certificate of Substantial Completion. Assist Owner regarding any remaining engineering or technical matters affecting Owner’s use or occupancy of the Work following Substantial Completion. 24.Other Tasks: Perform or provide the following other Construction Phase tasks or deliverables: a.Upon Substantial Completion, the Engineer shall provide a copy of the Certificate of Substantial Completion to the Agency and Owner. 25.Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the Work is complete and acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice to Owner and Contractor in the form attached hereto as Exhibit E (“Notice of Acceptability of Work”) that the Work is acceptable (subject to the provisions of the Notice and Paragraph A1.05.A.21.b) to the best of Engineer’s knowledge, information, and belief, and based on the extent of the services provided by Engineer under this Agreement. a.Obtain the Contractors’ Certification letter and copies of Manufacturers’ Certification letters for all American Iron and Steel products used in the project. Upon Substantial Completion, provide copies of Engineer’s, Contractors’, and Manufacturers’ Certification letters to the Owner and a copy of Contractor’s Certification letter to the Agency. Provide a list of manufacturers of American Iron and Steel products used in the project and include manufacturer’s name and location, and product(s) to the Agency. 26.Standards for Certain Construction-Phase Decisions: Engineer will render decisions regarding the requirements of the Construction Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth in the Construction Contract for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 B.Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the Project involves more than one prime contract as indicated in Paragraph A1.03.D, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. A1.06 Post-Construction Phase A. Upon written authorization from Owner during the Post-Construction Phase, Engineer shall: 1. Together with Owner, visit the Project to observe any apparent defects in the Work, make recommendations as to replacement or correction of defective Work, if any, or the need to repair of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. 2. Together with Owner, visit the Project within one month before the end of the Construction Contract’s correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is defective and therefore subject to correction by Contractor. 3. Perform or provide the following other Post Construction Phase tasks or deliverables: NOT USED B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract’s correction period. PART 2 – ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner’s Written Authorization A.If authorized in writing by Owner, Engineer shall provide Additional Services of the types listed below. These services are not included as part of Basic Services and will be paid for by Owner as indicated in Exhibit C. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements not including preparation of the Environmental Report defined under Basic Services; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 2. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigations of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 3. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer, or the Project’s design requirements, including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer’s control. 4. Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to in Paragraph A1.01.A.1 and 2, but only if the Owner’s request is made after completion of the Study and Report Phase. 5. Services required as a result of Owner’s providing incomplete or incorrect Project information to Engineer. 6. Providing renderings or models for Owner’s use, including services in support of building information modeling or civil integrated management. 7. Undertaking investigations and studies including, but not limited to: a. detailed consideration of operations, maintenance, and overhead expenses; b. the preparation of feasibility studies (such as those that include projections of output capacity, utility project rates, project market demand, or project revenues) and cash flow analyses, provided that such services are based on the engineering and technical aspects of the Project, and do not include rendering advice regarding municipal financial products or the issuance of municipal securities; c. preparation of appraisals; d. evaluating processes available for licensing, and assisting Owner in obtaining process licensing; e. detailed quantity surveys of materials, equipment, and labor; and f. audits or inventories required in connection with construction performed or furnished by Owner. 8. Furnishing services of Consultants for other than Basic Services. 9. Providing data or services of the types described in Exhibit B, when Owner retains Engineer to provide such data or services instead of Owner furnishing the same. 10. Providing the following services: Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 a. Services attributable to more prime construction contracts than specified in Paragraph A1.03.D. b. Services to arrange for performance of construction services for Owner by contractors other than the principal prime Contractor, and administering Owner’s contract for such services. 11. Services during out-of-town travel required of Engineer, other than for visits to the Site or Owner’s office as required in Basic Services (Part 1 of Exhibit A). 12. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructibility review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other documents as a result of such review processes. 13. Preparing additional bidding-related documents (or requests for proposals or other construction procurement documents) or Construction Contract Documents for alternate bids or cost estimates requested by Owner for the Work or a portion thereof. 14. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required to complete services required by Paragraph 5.02.A and Exhibit F. 15. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all Addenda and any amendments negotiated by Owner and Contractor. 16. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date. 17. [Deleted]. 18. Supplementing Record Drawings with information regarding the completed Project, Site, and immediately adjacent areas obtained from field observations, Owner, utility companies, and other reliable sources. 19. Conducting surveys, investigations, and field measurements to verify the accuracy of Record Drawing content obtained from Contractor, Owner, utility companies, and other sources; revise and supplement Record Drawings as needed. 20. Preparation of operation, maintenance, and staffing manuals. 21. Protracted or extensive assistance in refining and adjusting of Project equipment and systems (such as initial startup, testing, and balancing). 22. Assistance to Owner in training Owner’s staff to operate and maintain Project equipment and systems. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 23. Assistance to Owner in developing systems and procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related recordkeeping. 24. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, lien or bond claim, or other legal or administrative proceeding involving the Project. 25. Overtime work requiring higher than regular rates. 26. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.05.A.8; any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 27. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 28. Extensive services required during any correction period, or with respect to monitoring Contractor’s compliance with warranties and guarantees called for in the Construction Contract (except as agreed to under Basic Services). 29. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement. A2.02 Additional Services Not Requiring Owner’s Written Authorization A. Engineer shall advise Owner that Engineer is commencing to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice to cease from Owner. 1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner. 2.Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than “or equal” items; evaluation and determination of an excessive number of proposed “or equals” or substitutions, whether proposed before or after award of the Construction Contract. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than “or equal” items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 4. Additional or extended services arising from (a) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (b) emergencies or acts of God endangering the Work, (c) damage to the Work by fire or other causes during construction, (d) a significant amount of defective, neglected, or delayed Work, e) acceleration of the progress schedule involving services beyond normal working hours, or (f) default by Contractor. 5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion. 6. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs), Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number of RFIs, Change Proposals, or demands. 7. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. 8. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, State, or local safety authorities for similar construction sites. Exhibit B – Owner's Responsibilities EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT B, consisting of [ 4 ] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 2, 2019 Owner’s Responsibilities Article 2 of the Agreement is supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense: A. Provide Engineer with all criteria and full information as to Owner’s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations. B. Give instructions to Engineer regarding Owner’s procurement of construction services including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner’s construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner’s bidding-related documents (or requests for proposals or other construction procurement documents), and Construction Contract Documents. Furnish copies (or give specific directions requesting Engineer to use copies already in Engineer’s possession) of all design and construction standards, Owner’s standard forms, general conditions (if other than EJCDC® C-700, Standard General Conditions of the Construction Contract, 2013 Edition), supplementary conditions, text, and related documents and content for Engineer to include in the draft bidding-related documents (or requests for proposals or other construction procurement documents), and draft Construction Contract Documents, when applicable. Owner shall have responsibility for the final content of (1) such bidding-related documents (or requests for proposals or other construction procurement documents), and (2) those portions of any Construction Contract other than the design (as set forth in the Drawings, Specifications, or otherwise), and other engineering or technical matters; and Owner shall seek the advice of Owner’s legal counsel, risk managers, and insurance advisors with respect to the drafting and content of such documents. C. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, construction, or investigation at or adjacent to the Site. D. Following Engineer’s assessment of initially-available Project information and data and upon Engineer’s request, obtain, furnish, or otherwise make available (if necessary through title searches, or retention of specialists or consultants) such additional Project-related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following: 1. Property descriptions. Exhibit B – Owner's Responsibilities EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 2. Zoning, deed, and other land use restrictions. 3. Utility and topographic mapping and surveys. 4. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points. 5. Explorations and tests of subsurface conditions at or adjacent to the Site; geotechnical reports and investigations; drawings of physical conditions relating to existing surface or subsurface structures at the Site; hydrographic surveys, laboratory tests and inspections of samples, materials, and equipment; with appropriate professional interpretation of such information or data. 6. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental, historical, or cultural studies relevant to the Project, the Site, and adjacent areas. 7. Data or consultations as required for the Project but not otherwise identified in this Agreement. E. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement. F. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, provide, as required for the Project: 1. Accounting, bond and financial advisory (including, if applicable, “municipal advisor” services as described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as Owner requires, Contractor raises, or Engineer reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the money paid. G. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Construction Contract Documents (other than those required to be furnished or arranged by Contractor), or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. Provide Engineer with the findings and reports generated by testing laboratories, including findings and reports obtained from or through Contractor. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, Exhibit B – Owner's Responsibilities EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 approvals, and consents from others as may be necessary for completion of each phase of the Project. I. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructibility review. J. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. K. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, then designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of Engineer as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. L. Inform Engineer in writing of any specific requirements of safety or security programs that are applicable to Engineer, as a visitor to the Site. M. Examine all alternative solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, risk manager, insurance counselor, financial/municipal advisor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. N. Inform Engineer regarding any need for assistance in evaluating the possible use of Project Strategies, Technologies, and Techniques, as defined in Exhibit A. O. Advise Engineer as to whether Engineer’s assistance is requested in identifying opportunities for enhancing the sustainability of the Project. P. Place and pay for advertisement for Bids in appropriate publications. Q. Furnish to Engineer data as to Owner’s anticipated costs for services to be provided by others including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs. R. Attend and participate in the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings, and Site visits to determine Substantial Completion and readiness of the completed Work for final payment. S. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement, as required. Exhibit B – Owner's Responsibilities EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 T. Perform or provide the following: NOT USED B.2.02: Owners are ultimately responsible for compliance with Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference and will be responsible for the following: a) Signing loan resolutions, grant agreements and letters of intent to meet conditions which include American Iron and Steel language, accepting American Iron and Steel requirements in those documents and in the letter of conditions. b) Signing change orders (i.e. C-941 of EJCDC) and partial payment estimates (i.e. C-620 of EJCDC) and thereby acknowledging responsibility for compliance with American Iron and Steel requirements. c) Obtaining the certification letters from the consulting engineer upon substantial completion of the project and maintaining this documentation for the life of the loan. d) Where the owner provides their own engineering and/or construction services, providing copies of engineers’, contractors’, and manufacturers’ certification letters (as applicable) to the Agency. All certification letters must be kept in the engineer’s project file and on site during construction. For Owner Construction (Force Account), all clauses from Section 17 of RUS Bulletin 1780-35 must be included in the Agreement for Engineering Services. e) Where the owner directly procures American Iron and Steel products, including American Iron and Steel clauses in the procurement contracts and obtaining manufacturers’ certification letters and providing copies to consulting engineers and contractors. Exhibit C –Compensation Packet BC-1: Basic Services (other than RPR) – Lump Sum Method of Payment EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT C, consisting of [ 6 ] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 2, 2019 Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-1: Basic Services – Lump Sum Article 2 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 2 – OWNER’S RESPONSIBILITIES C2.01 Compensation for Basic Services (other than Resident Project Representative) – Lump Sum Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer’s Resident Project Representative, if any, as follows: 1. A Lump Sum amount of $825,000 based on the following estimated distribution of compensation: a. Study and Report Phase $0 [0%] b. Preliminary Design Phase $360,000 [44%] c. Final Design Phase $140,000 [17%] d. Bidding and Negotiating Phase $35,000 [4%] e. Construction Phase $282,000 [34%] f. Post-Construction Phase $8,000 [1%] 2. Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but shall not exceed the total Lump Sum amount unless approved in writing by the Owner and Agency. 3. The Lump Sum includes compensation for Engineer’s services and services of Engineer’s Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor costs, overhead, profit, expenses (other than any expressly allowed Reimbursable Expenses), and Consultant charges. 4. In addition to the Lump Sum, Engineer is also entitled to reimbursement from Owner for the following Reimbursable Expenses (see Appendix 1 for rates or charges): Mileage, meals and lodging. 5. The portion of the Lump Sum amount billed for Engineer’s services will be based upon Engineer’s estimate of the percentage of the total services actually completed during the Exhibit C –Compensation Packet BC-1: Basic Services (other than RPR) – Lump Sum Method of Payment EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 billing period. If any Reimbursable Expenses are expressly allowed, Engineer may also bill for any such Reimbursable Expenses incurred during the billing period. B.Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is conditioned on a period of service not exceeding [48] months. If such period of service is extended, the compensation amount for Engineer's services shall be appropriately adjusted with concurrence of the Owner and Agency. C2.02 NOT USED C2.03 NOT USED Exhibit C – Compensation Packet RPR-2: Resident Project Representative Services— Standard Hourly Rates Method of Payment. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 COMPENSATION PACKET RPR-2: Resident Project Representative – Standard Hourly Rates Article 2 of the Agreement is supplemented to include the following agreement of the parties: C2.04 Compensation for Resident Project Representative Basic Services – Standard Hourly Rates Method of Payment A.Owner shall pay Engineer for Resident Project Representative Basic Services as follows: 1.Resident Project Representative Services: For services of Engineer’s Resident Project Representative under Paragraph A1.05.A of Exhibit A, an amount equal to the cumulative hours charged to the Project by each class of Engineer’s personnel times Standard Hourly Rates for each applicable billing class for all Resident Project Representative services performed on the Project, plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any. The total compensation under this paragraph is estimated to be 372,200 based upon full-time RPR services on an eight-hour workday, Monday through Friday, over a [ 570 ] day construction schedule. 2.If rate(s) for RPR services is not indicated in Appendix Two to Exhibit C, “Standard Hourly Rates Schedule,” the The Standard Hourly Rate for RPR services is $108 per hour. B.Compensation for Reimbursable Expenses: 1. For those Reimbursable Expenses that are not accounted for in the compensation for Basic Services under Paragraph C2.01, and are directly related to the provision of Resident Project Representative or Post-Construction Basic Services, Owner shall pay Engineer at the rates set forth in Appendix 1 to this Exhibit C. 2. Reimbursable Expenses include the expenses identified in Appendix 1 and the following: transportation (including mileage), lodging, and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representative and assistants; toll telephone calls, mobile phone charges, and courier charges; reproduction of reports, Drawings, Specifications, bidding-related or other procurement documents, Construction Contract Documents, and similar Project-related items. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. 3. The amounts payable to Engineer for Reimbursable Expenses, if any, will be those internal expenses related to the Resident Project Representative Basic Services that are actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such services, the latter multiplied by a factor of [1.1]. 4. The Reimbursable Expenses Schedule will be adjusted annually (as of January 1) to reflect equitable changes in the compensation payable to Engineer. Changes will not be effective unless and until concurred in by the Owner and Agency. Exhibit C – Compensation Packet AS-1: Additional Services – Standard Hourly Rates Method of Payment. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 COMPENSATION PACKET AS-1: Additional Services – Standard Hourly Rates Article 2 of the Agreement is supplemented to include the following agreement of the parties: C2.05 Compensation for Additional Services – Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Additional Services, if any, as follows: 1.General: For services of Engineer’s personnel engaged directly on the Project pursuant to Paragraph A2.01 or A2.02 of Exhibit A, except for services as a consultant or witness under Paragraph A2.01.A.20, (which if needed shall be separately negotiated based on the nature of the required consultation or testimony) an amount equal to the cumulative hours charged to the Project by each class of Engineer’s personnel times Standard Hourly Rates for each applicable billing class for all Additional Services performed on the Project, plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any. B.Compensation For Reimbursable Expenses: 1. For those Reimbursable Expenses that are not accounted for in the compensation for Basic Services under Paragraph C2.01 and are directly related to the provision of Additional Services, Owner shall pay Engineer at the rates set forth in Appendix 1 to this Exhibit C. 2. Reimbursable Expenses include the expenses identified in Appendix 1 and the following categories: transportation (including mileage), lodging, and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls, mobile phone charges, and courier charges; reproduction of reports, Drawings, Specifications, bidding-related or other procurement documents, Construction Contract Documents, and similar Project-related items; and Consultants’ charges. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. 3. The amounts payable to Engineer for Reimbursable Expenses, if any, will be the Additional Services-related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such Additional Services, the latter multiplied by a factor of [1.1]. 4. The Reimbursable Expenses Schedule will be adjusted annually (as of January 1) to reflect equitable changes in the compensation payable to Engineer. Changes will not be effective unless and until concurred in by the Owner and Agency. C.Other Provisions Concerning Payment for Additional Services: 1. Whenever Engineer is entitled to compensation for the charges of Engineer’s Consultants, those charges shall be the amounts billed by Engineer’s Consultants to Engineer times a factor of [1.1]. Exhibit C – Compensation Packet AS-1: Additional Services – Standard Hourly Rates Method of Payment. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 2.Factors: The external Reimbursable Expenses and Engineer’s Consultant’s Factors include Engineer’s overhead and profit associated with Engineer’s responsibility for the administration of such services and costs. 3. To the extent necessary to verify Engineer’s charges and upon Owner’s timely request, Engineer shall make copies of such records available to Owner at cost at no cost. Exhibit D - Resident Project Representative. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 d. Record and maintain accurate, up-to-date lists of the names, addresses, fax numbers, e-mail addresses, websites, and telephone numbers (including mobile numbers) of all Contractors, Subcontractors, and major Suppliers of materials and equipment. e. Maintain records for use in preparing Project documentation. f. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. g.Maintain all Manufacturers’ Certification letters in the project file and on site during construction to ensure compliance with American Iron and Steel requirements mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A – Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference, as applicable. 12.Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. [Deleted] c. Furnish to Engineer and Owner copies of all inspection, test, and system start-up reports. d. Immediately inform Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, possible force majeure or delay events, damage to property by fire or other causes, or the discovery of any potential differing site condition or Constituent of Concern. 13.Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 14.Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 15.Completion: a. Participate in Engineer’s visits to the Site regarding Substantial Completion, assist in the determination of Substantial Completion, and prior to the issuance of a Exhibit G – Insurance. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT G, consisting of [ 2 ] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 2, 2019 Insurance Paragraph 6.05 of the Agreement is supplemented to include the following agreement of the parties: G6.05 Insurance A. The limits of liability for the insurance required by Paragraph 6.05.A and 6.05.B of the Agreement are as follows: 1. By Engineer: a. Workers’ Compensation:Statutory b. Employer’s Liability -- 1) Bodily injury, each accident:$1,000,000 2) Bodily injury by disease, each employee: $1,000,000 3) Bodily injury/disease, aggregate:$1,000,000 c. General Liability -- 1) Each Occurrence (Bodily Injury and Property Damage): $1,000,000 2) General Aggregate: $2,000,000 d. Excess or Umbrella Liability -- 1) Per Occurrence:$1,000,000 2) General Aggregate:$1,000,000 e. Automobile Liability --Combined Single Limit (Bodily Injury and Property Damage): 1,000,000 f. Professional Liability – 1) Each Claim Made $1,000,000 2) Annual Aggregate $3,000,000 g. Other (specify): $0 2. By Owner: a. Workers’ Compensation:Statutory Exhibit G – Insurance. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 b. Employer’s Liability -- 1) Bodily injury, Each Accident $1,000,000 2) Bodily injury by Disease, Each Employee $1,000,000 3) Bodily injury/Disease, Aggregate $1,000,000 c. General Liability -- 1) General Aggregate: $2,000,000 2) Each Occurrence (Bodily Injury and Property Damage): $1,000,000 d. Excess Umbrella Liability 1) Per Occurrence:$1,000,000 2) General Aggregate:$1,000,000 e. Automobile Liability – Combined Single Limit (Bodily Injury and Property Damage): 1,000,000 f. Other (specify): $0 B.Additional Insureds: 1. The following individuals or entities are to be listed on Owner’s general liability policies of insurance as additional insureds: a.JVA, Incorporated Engineer b.TBD Engineer’s Consultant c. Engineer’s Consultant d. other] 2. During the term of this Agreement the Engineer shall notify Owner of any other Consultant to be listed as an additional insured on Owner’s general liability policies of insurance. 3. The Owner shall be listed on Engineer’s general liability policy as provided in Paragraph 6.05.A. Exhibit H - Dispute Resolution. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT H, consisting of [ 1 ] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 2, 2019 Dispute Resolution Paragraph 6.09 of the Agreement is supplemented to include the following agreement of the parties: H6.09 Dispute Resolution A.Mediation: Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof (“Disputes”) to mediation by a mediator selected by mutual agreement with the parties equally sharing the cost of the mediation. [Judicial Arbitor Group, 1601 Blake Street #400, Denver, COhere insert name of mediator, or mediation service]. Owner and Engineer agree to participate in the mediation process in good faith. The process shall be conducted on a confidential basis, and shall be completed within 120 days. If such mediation is unsuccessful in resolving a Dispute, then (1) the parties may mutually agree to a dispute resolution of their choice, or (2) either party may seek to have the Dispute resolved by a court of competent jurisdiction. TOWN OF ESTES PARK State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2025. Witness my hand and official Seal. My Commission expires . Notary Public ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Exhibit K – Amendment to Owner-Engineer Agreement. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT K, consisting of ___2___ pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 11, 2024. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. 1 The Effective Date of this Amendment is: January 13, 2025. Background Data: Effective Date of Owner-Engineer Agreement: October 2, 2019 Owner: Town of Estes Park, Colorado Engineer: JVA, Inc. Project: Water Line Construction for Replacement in the Park Entrance Mutual Pipeline and Water Company distribution system Nature of Amendment: __ __ Modifications to services of Engineer __ X __ Modifications of payment to Engineer Description of Modifications: 1. Increase fee for basic services from the original value of $825,000 to $1,141,500 to align with the final LOC and level of effort for project execution. ($316,500) 2.Increase Engineers contract value from the original value of $0 to $55,000 for reimbursables to align with the final LOC. ($55,000) 3.Decrease RPR/Inspection from the original value of $375,000 to $225,000 to align with the final LOC. (-$147,200) 4.Move the testing line item of $161,000 to within the Engineer’s scope to hire and manage a third-party testing firm. ($161,000) ATTACHMENT 4 Exhibit K – Amendment to Owner-Engineer Agreement. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 Agreement Summary: Original agreement amount: $ 1,197,200 Net change for prior amendments: $ 385,300 This amendment amount: $____ 0 Adjusted Agreement amount: $ 1,582,500 Change in time for services (days or date, as applicable): 0 days added to owner-engineer agreement; The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. OWNER: ENGINEER: Town of Estes Park JVA, Incorporated By: By: Print name: Print name: Josh McGibbon, P.E. Title: Title: Vice President Date Signed: Date Signed: Agency Concurrence: As lender or insurer of funds to defray the costs of this Contract, and without liability for any payments thereunder, the Agency hereby concurs in the form, content, and execution of this Agreement. Agency Representative Date Name and Title Exhibit K – Amendment to Owner-Engineer Agreement. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney January 30, 2025 Jackie Williamson, Clerk Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 RE: Library District – Board Reappointment Recommendation of Cindy Morriss Dear Ms. Williamson: With this letter, the Estes Valley Public Library District would like to recommend that the District’s appointing bodies reappoint Cindy Morriss to her first full term on the Estes Valley Library Board of Trustees. About the candidate: Ms. Morriss has served on the Library Board for approximately 15 months, having completed Peter Johnson’s unfinished term from January 1, 2021 – December 31, 2024. In that time she has been Vice-President, serving on the Government Affairs and Policy committees. Ms. Morriss has served on nonprofit boards and quasi-governmental advocacy agencies for people with disabilities. Her prior experience as a lawyer, teacher, and volunteer has equipped her with the skills that fit well with the mission of the Library. We recommend the re-appointment of Cindy Morriss to the Estes Valley Public Library District Board of Trustees, for her first full term, beginning January 1, 2025 and ending on December 31, 2028. The Library Board of Trustees respectfully requests that the Town of Estes Park Board of Trustees approve this appointment at its earliest convenience. Sincerely, Claudine Perrault, Director cc: Larimer County Board of County Commissioners PO Box 1687, 335 East Elkhorn Avenue, Estes Park, CO 80517 970-586-8116 | estesvalleylibrary.org TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Hall Board of Trustees From: Town Administrator Machalek Date: February 11, 2025 RE: Final 2024 Strategic Plan Progress Report and Amended 2025 Strategic Plan (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: _Strategic Plan_ QUASI-JUDICIAL YES NO Objective: Town Board review of the final 2024 Strategic Plan Progress Report and consideration of an amended 2025 Strategic Plan that incorporates 2024 Strategic Plan Objectives that were not completed in 2024. Present Situation: The 2024 Strategic Plan included 55 Objectives. Of those 55 Objectives, 28 were completed or “ongoing objectives” in 2024, three (3) were “ongoing” or “multi-year” objectives, and 24 were incomplete. Details on the status of the incomplete Objectives can be found in the “Comments” section of the Final 2024 Strategic Plan Progress Report. Staff recommends that the Board not carry over eight (8) of the incomplete Objectives. Seven (7) of these Objectives are already included in the 2025 Strategic Plan. The rationale for not carrying over the 8th Objective (updating the conceptual design and cost estimates for the Stall Barns) is detailed below. Proposal: In order to better track completion status of Town Board Objectives, the Town’s Strategic Planning process includes a final report on the prior year’s Strategic Plan and a formal amendment of the current-year Strategic Plan to incorporate any Objectives that were not completed in the prior year. To that end, the proposed amended 2025 Strategic Plan is attached. These edits incorporate 27 incomplete 2024 Objectives into the 2025 Strategic Plan (all of the incomplete objectives with the exception of the update to the conceptual design and cost estimates for the Stall Barns). Proposed revisions are presented in red text. Staff is recommending that the Board not carry over the following Objectives: • Exceptional Guest Services o “Update the conceptual design and cost estimates for the Stall Barns and develop a plan to fund the improvement. (2022 CARRYOVER)”  Staff recommends delaying design and cost estimate updates until construction funding has been identified in order to avoid potential re-work. Completing the design and cost estimates too far in advance of when funding is available to construct the improvement creates the risk of inaccuracy due to changing materials, codes, and economic conditions. The request for proposals (RFP) for design services is written and can be released at any time with minor edits/updates. • Outstanding Community Services o “Explore an annexation policy with Larimer County after the adoption of the Comprehensive Plan. (2023 CARRYOVER)”  This Objective is already listed in an updated format as Exceptional Community Services Objective 6.1 in the 2025 Strategic Plan. • Transportation o “Complete the construction of the Cleave Street Improvements.”  This Objective is already listed as Transportation Objective 2.A.4 in the 2025 Strategic Plan. o “Complete rehabilitation of West Elkhorn Avenue from Moraine Avenue to Far View Drive.”  Since the decision to postpone this work due to construction impacts from the Downtown Estes Loop was made early, this Objective was included in the final 2025 Strategic Plan and does not need to be carried over. o “Seek funding and create an implementation timeline for the year-one recommendations from the Transit Development Plan.”  This Objective is already listed as Transportation Objective 3.C.1 in the 2025 Strategic Plan. o “Select specific recommendations from the Multimodal Transportation Plan for budgeting and implementation in 2025.”  This Objective is already listed as Transportation Objective 3.D.1 in the 2025 Strategic Plan. o “Construct a single-deck parking structure above the Big Horn parking lot.”  This Objective (updated) is already listed as Transportation Objective 5.A.1 in the 2025 Strategic Plan. o “Complete the design of the Fall River Trail.”  This Objective is already listed as a component of Transportation Objective 8.C.1 in the 2025 Strategic Plan. Advantages: •Provides a final accounting of 2024 Strategic Plan progress. •Ensures tracking and completion of 2024 Town Board Strategic Objectives. •Allows the Town Board to confirm that the 2024 Objectives that have not yet been completed are still priorities. Disadvantages: •The presence of carry-over Objectives indicates that staff was not successful at fully implementing the Town Board’s Strategic Plan in 2024. Action Recommended: Staff recommends approval of the amended 2025 Strategic Plan. Finance/Resource Impact: N/A. The financial/resource impacts have already been addressed through the Town Board’s adopted budget. Level of Public Interest Medium Sample Motion: I move for the approval/denial of the amended 2025 Strategic Plan as presented. Attachments: 1. Final 2024 Strategic Plan Progress Report 2.Summary of 2024 Carryover Objectives for 2025 3.Amended 2025 Strategic Plan 2024 Town of Estes Park Strategic Plan Progress Report Final KEY OUTCOME AREAS Party Responsible On Track Behind Schedule Hold/ Tabled Done*% Complete Comments EXCEPTIONAL GUEST SERVICES - We are a preferred Colorado mountain destination providing an exceptional guest experience. Produce a new event in January of 2024 (First People's Festival).Rob Hinkle 100%First Peoples Festival was held January 12-14, 2024. Implement a new user-friendly and robust ticketing system for events.Rob Hinkle 100%FareHarbor Ticketing is being used presently for all of our events in 2024. Design a new user friendly Events Division website using a different website platform. Rob Hinkle 100%We will be going live with the new website January 6 with some ongoing pages and additions as we need them. Staff is consolidating pages and removing ones that are not needed in order to make the site easier to navigate. Develop and implement a more robust social media program.Rob Hinkle 100% We have successfully developed and implemented a social media program, expanding our presence to Instagram and TikTok. After thorough review and approval, the new pages were created and are now live. We have officially begun posting content, engaging with our audience, and building our brand's presence across these platforms. This marks a significant step in our digital marketing strategy. Visitor Services will implement a plan to cross promote Town signature events.Rob Hinkle 100%Visitor Services staff will work with the Events Division on promoting each signature event. These events will be promoted on the TV screen along with displays in the Visitor Center. Continue to work with the Fine Arts Guild to evaluate the feasibility of a performing arts center in Stanley Park.Rob Hinkle 95% Working with Design Concepts to review the Master Plan and the feasibility of a performing arts center. Initial costs for relocation were presented to the Town Board on April 9 and the Town Board directed staff to continue. Encore will be meeting with the Museum about the possibility of partnering with the Museum on their possible future expansion. A public survey was completed and staff will be asking the Board to schedule a Study Session to discuss next steps. This Study Session will take place on February 25. This Objective will need to be carried over to 2025. Enhance the visitor experience in the Visitor Center through Estes Park imagery and artifacts.Rob Hinkle 80% Met with Rebecca from Visit Estes Park and with Mikaela from EP Museum. Both are enthusiastic and supportive of the project. Discussed potential "Then and Now" style imagery & the process for obtaining permission to use images from Museum library. Discussions also held with the Rocky Mountain Conservancy about potential projects to enhance the visitor experience. There is funding in the VEP 2025 budget for this project, so this will be completed in 2025. Update the conceptual design and cost estimates for the Stall Barns and develop a plan to fund the improvement. (2022 CARRYOVER)Rob Hinkle 65% Public Work Project Team said It would be ideal to do the design and the construction at the same time. There are risks of doing the design and then waiting on construction (materials can change, code requirements could differ, novel designs could be developed/current design could be outdated, etc...). which could lead to design re-work. The Request for Proposal is written and can be sent out at any time with minimal edits/updates. GOVERNMENTAL SERVICES AND INTERNAL SUPPORT - We provide high quality support for all municipal services. Implement supervisor training for all Town employees with direct reports.Jackie Williamson 100%Training was completed in November. Complete 2024 Organizational Culture Survey and develop an action plan based on the findings.Jackie Williamson 100% The 2024 Organizational Culture Survey completed by staff and report completed by Graves Consulting has been shared with all employees. Action plan key elements identified by Employee Engagement team have been shared with the managers. The Executive Leadership Team met to discuss this plan in October and provided feedback to the Employee Engagement team. Action plan completed and presented to all employees for feedback. Staff will begin action plan implementation in 2025. Refresh the Human Resources Strategic Plan and share next steps with the Town Board. Jackie Williamson 75%Staff has begun to updated the plan with input from the organizational culture survey. A report on items addressed in 2024 will be produced and provided to the Board. This Objective will need to be carried over to 2025. Complete a benchmark study of employee benefit packages.Jackie Williamson 100%Information/data gathering has been completed. Create a public-facing dashboard to share performance measurement data.Kate Miller 100%Dashboard is completed and posted at estes.org/performance INFRASTRUCTURE - We have reliable, efficient, and up-to-date infrastructure serving our community and customers. Complete a draft Big-Thompson raw water supply line route analysis.Reuben Bergsten 100% Three raw water routes were identified to bring raw water from the Big Thompson River to the Marys Lake Water Treatment Plant. The estimated costs range from $30M to $50M. This information will be incorporated into the new Master Plan. Establish a baseline water loss record using our new Water Audits and Loss Control Program.Reuben Bergsten 100%Baseline American Water Works Association M36 Audit is completed. ATTACHMENT 1 2024 Town of Estes Park Strategic Plan Progress Report Final KEY OUTCOME AREAS Party Responsible On Track Behind Schedule Hold/ Tabled Done*% Complete Comments Submit funding application(s) for the federal Infrastructure Investment and Jobs Act program and determine if in-house labor will be an eligible expense.Reuben Bergsten 100% The Colorado Department of Local Affairs (DOLA) asked us to combine Spruce Knob Water Company with Carriage Hills to increase our competitive $1M grant request. This approach was successful and will combine with a $1.5M principal forgiveness on a $5M State Revolving Fund Loan. Explore joint funding options for storage and intermittent renewables with PRPA.Reuben Bergsten 100% The GRIP grant application was submitted, but not awarded. A DOLA grant was awarded to Power and Communications with PRPA as the lead in the purchase and installation of a grid scale battery. Staff will continue to work with PRPA to explore funding opportunities for storage and intermittent renewables with PRPA (this work will be ongoing into the future). Complete a Zero-Emission Transit Fleet Transition Plan.Greg Muhonen (DK)10% The Grant Agreement has been executed and a third party consultant has been selected to conduct the study. The consultant contract is expected to be signed by the end of Q4 2024, with completion of the Plan anticipated by Q3 2025. This Plan will cover only the Town's Transit Fleet - not the entire Town fleet. This Objective will need to be carried over to 2025. Consultant contract anticipated to be signed the first weeks of Jan 2025 and the consultant team will immediately begin work to meet May 2025 deadline. Start design efforts and pursue land acquisition necessary to relocate the Police Department out of Town Hall.Paul Fetherston 15% The Town's discussions with the Bureau of Reclamation (BOR) regarding potential use of BOR land for a multi- jurisdictional emergency operations center recently resulted in a shift in the Town's focus to considering a number of site options including privately owned parcels. Town staff continues to look into location options - along with options related to financing, communications and timelines - with an update to and request for direction from Town Board tentatively scheduled for a January 2025 Study Session. Recently, staff identified funding for and secured professional design/ architectural services to conduct the following analysis: programmatic/ site needs, deficiencies, and site plan. This work will inform more accurate square footage, cost estimates and site needs. An application for Congressionally Directed Spending (CDS) grant funding for project design was submitted to Senators Bennet and Hickenlooper. Proposed grant funding in the amount of $1.3M is currently included in draft legislation. Staff is in the process of determining funding options for a project of this magnitude, from design through completion. This Objective will need to be carried over to 2025. Pursue grant funding for private and/or public flood mitigation and stormwater projects.Greg Muhonen (JB)100% PW continues to monitor grant announcements for potential stormwater project funding. Grant-funded stormwater work in 2024 focused on advancing the Project Scoping for Capacity Improvements on the Big Thompson River and Fall River. This effort will establish a solution concept for use in applying for future stormwater infrastructure design and construction grant funding. Completion is contemplated in Q1 2025, and is necessary before the Town can apply for future BRIC (Building Resilient Infrastructure & Communities) or FMA (Flood Mitigation Assistance) grant funding. This objective is restated as Utilities Infrastructure Goal 4D in the 2025 Strategic Plan. Complete at least one stormwater CIP project from the list included in the Stormwater Drainage System Maintenance Policy.Greg Muhonen (JB)100% The stormwater crew redirected effort from the stormwater project on Old Ranger Road due to buried utility conflicts and instead installed new corrective piping in the E Riverside parking lot to relieve river flow backups into the stormwater system during periods of high river flows that would otherwise flood the Elkhorn/Riverside intersection. This Objective is listed as Utility Infrastructure Objective 4.B.2 in the 2025 Strategic Plan. Complete construction of Trailblazer Broadband system for customers in the electric service area.Reuben Bergsten 90% Completion of build out is currently fiscally constrained. Construction is complete to 90% of our electric customers. The remaining 10% is our highest-cost construction and lowest density of customers. Staff has submitted two BEAD grant applications for financing to complete the build out of the remaining service area. Conduct a feasibility study and take-rate report on a Trailblazer Broadband program to help provide access at a reduced or free rate to economically challenged families within the Trailblazer service area. Reuben Bergsten 100% Feasibility study and take-rate report completed. The program is sustainable with one-time financial support to pay for new installations. There is a need in the community. A pilot roll-out that limits participation over the first five years is recommended. Funding will need to be identified and secured. Develop, fund, and implement a stormwater drainage system maintenance program. (2023 CARRYOVER)Greg Muhonen (JB)65% PW staff met in April 2024 to review the draft Stormwater Maintenance policy and project list. A future Town Board study session is needed to discuss options for resolving drainage issues along roadways (ie retrofitting streets with concrete curb and gutter, eliminating or upsizing driveway culverts, etc). This has been postponed until the new Stormwater Engineer starts and begins to lead this planning effort, which will guide future stormwater infrastructure design and construction grant funding. This Objective will need to be carried over to 2025 Update the Water Master Plan. (2023 CARRYOVER)Reuben Bergsten 75% The scope of work to compile a final document is under development. An added exercise to determine the recommended number of future plants is still under development. Consultants completed six of eleven technical memos (TM) that feed into the master plan. This Objective will need to be carried over to 2025. Make funding and staffing plan for a capital construction projects crew. (2023 CARRYOVER)Reuben Bergsten 100% Completed. Staff recommends prioritizing large capital projects over adding staff to do small capital projects. Focusing on large projects allows us to maximize grant opportunities. Larger projects often come with higher costs, which means there will not be extra budget available to hire a crew for small capital projects. 2024 Town of Estes Park Strategic Plan Progress Report Final KEY OUTCOME AREAS Party Responsible On Track Behind Schedule Hold/ Tabled Done*% Complete Comments Assist the Town Board with determination of a guiding policy regarding the Town and private-sector roles in implementing the Electric Vehicle Infrastructure & Readiness Plan. (2023 CARRYOVER) Travis Machalek 100% A Study Session was held on June 11th to discuss the Board's guiding policy regarding the relative roles of the Town and the private sector in implementing the Electric Vehicle Infrastructure & Readiness Plan. The Town Board indicated a preference for the Town to provide the parking infrastructure and access to electric infrastructure necessary for a private provider to own and operate the charging stations. A private provider will be selected through a Request for Proposal (RFP) process when the Town's charging data indicates that more electric vehicle charging infrastructure is needed. Management Analyst Simpson has recorded this direction in an implementation document for future reference. Install Phase 1 & 2 Town Hall Variable Refrigerant Flow cooling units. (2022 CARRYOVER)Paul Fetherston 10% In an effort to maximize resources, the Town sought grant funding for this project through the Colorado Energy Office Public Building Electrification Grant (PBEG). Based on the November 22, 2024 notification that the Town's grant application was not awarded, the Town is moving forward with awarding the contract for the VRF replacement with budgeted funds. The project is slated for completion by Q2 2025. This Objective will need to be carried over to 2025. OUTSTANDING COMMUNITY SERVICES - Estes Park is an exceptionally vibrant, diverse, inclusive, and active mountain community in which to live, work, and play, with housing available for all segments in our community. Review data on needs of senior community in Estes Park and evaluate actions that the Town could take to address these needs.Travis Machalek 100% Management Analyst Simpson has completed a review of data from the Larimer County Community Health Survey (2022), the Larimer County Office on Aging Report on Community Conversations (2022), and the Larimer County Office on Aging Community Assessment Survey for Older Adults (2023). She has also met with stakeholders in the Estes Valley. A white paper with the results of this analysis and summary of actions that the Town could take to address these needs will be presented to the Town Board at the February 25, 2025 Town Board Study Session. Establish a timeline and funding strategy for a Parks and Open Space Master Plan.Greg Muhonen (BB)100% The Board approved $150,000 in the 2025 adopted budget to fund this project. Public Works staff has developed an RFP to hire a consultant and start the Master Plan process in Q1 2025. This sets the stage for staff to move forward on Objective 5.A.1 under the Exceptional Community Services key outcome area. Continue rewriting the Estes Park Development Code. (Multi-Year Objective)Steve Careccia Ongoing (5%) A Professional Services Agreement with Design Workshop Inc was approved by the Town Board at the January 14, 2025 Town Board meeting. The project kickoff meeting will take place in early February. Establish a timeline and funding strategy to implement the recommendations identified in the ADA Transition Plan.Paul Fetherston 100% The updated ADA Transition plan, adopted by the Town Board on February 13, 2024, identifies high priority/ low cost facility items that were to be addressed in 2024 were unable to be completed. It is anticipated that ADA signage will be replaced in Town Hall in Q3 2025 in coordination with the remodel of the Finance Department office space. Impacted Town Divisions will annually review the deficiencies lists and submit proposed budget Decision Packages for corrective action funding. Expand the greenhouse footprint and production capacity to service expanding planting demands on public properties. (2023 CARRYOVER)Greg Muhonen (BB)30%Site work began on November 26 and building erection is underway. This Objective will need to be carried over to 2025. Explore an annexation policy with Larimer County after the adoption of the Comprehensive Plan. (2023 CARRYOVER)Steve Careccia 5% The Town Board had a high level discussion on annexation at its November 12 meeting. Staff will seek further direction at a future study session. This Objective carryover is already included in the 2025 Strategic Plan as Exceptional Community Services Objective 6.1. PUBLIC SAFETY, HEALTH, AND ENVIRONMENT - Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. Continue to enact the Implementation Plan developed from the Environmental Sustainability Task Force recommendations. (Multi-Year Objective)Jason Damweber Ongoing See ESTF Implementation tracking sheet. Explore collaboration on sustainability management with partner entities and evaluate what sustainability actions the Town Board wants to accomplish.Jason Damweber 100% Town and VEP staff have met to discuss opportunities to collaborate, especially in light of their Sustainability position and approach to marketing sustainable tourism. Larimer County Climate Smart and Future Ready Plan implementation phase started, with an interactive dashboard available here. The Town Board adopted a multi-year goal to "Establish the Town's role in environmental stewardship and sustainable practices" in the 2025 Provisional Strategic Plan, with a specific 2025 objective to "Evaluate the creation of a Climate Action Plan specific to Estes Park." The County received a grant in August 2024 that will be used in part to assist the Town with its efforts in developing a Climate Action Plan. This work is expected to take 2-3 years to complete (beginning in late 2024). Complete updates to the Intergovernmental Agreement for Solid Waste Programming and Infrastructure Improvements.Travis Machalek 100% The IGA for Solid Waste Programming and Infrastructure Improvements has been placed into abeyance. Future agreements are expected to be handled on a community-by-community basis instead of a single IGA between the County and multiple communities. The Town and County will continue meeting to discuss Estes Park's specific solid waste needs, including any new agreements needed 2024 Town of Estes Park Strategic Plan Progress Report Final KEY OUTCOME AREAS Party Responsible On Track Behind Schedule Hold/ Tabled Done*% Complete Comments Review and update the Town's Emergency Management function.Travis Machalek 100% Chief Stewart and TA Machalek have finished reviewing the Town's Emergency Management function. Chief Stewart will serve as the Town's Emergency Manager for the time being. Staff will revisit the structure of the community's emergency management function, and the need for dedicated emergency management staffing, in two to three years. Implement Phase 3 of the Security Camera project to address the needs of the Event Center and the associated parking area. (2022 CARRYOVER)Paul Fetherston 15% IT, in cooperation with Facilities and the Police Department, is leading this effort to expand the security of high traffic Town facilities and areas. IT has secured a unified physical security platform that will support a network of physical security resources including cameras, door access, and other physical security options. The installation of the unified physical security platform is underway and will be completed by end of Q1 2025, to be followed with the installation of Phase III measures in the Events Center, Fairgrounds and Museum expected in Q2 2025. This Objective will need to be carried over to 2025. ROBUST ECONOMY - We have a diverse, healthy, year-round economy. Work with the Estes Chamber of Commerce and Downtown businesses to evaluate implementation options for the Downtown Plan. Travis Machalek 5% Town Administrator Machalek had an initial meeting with Chamber Executive Director DePasquale to begin these conversations. The first step in this process will be working through how to best engage all of the downtown businesses in the discussion. Director DePasquale and TA Machalek are reviewing the state's Main Street program as a potential starting point. This Objective will need to be carried over to 2025. TOWN FINANCIAL HEALTH - We will maintain a strong and sustainable financial condition, balancing expenditures with available revenues, including adequate cash reserves for future needs and unanticipated emergencies. Implement a new Enterprise Resource Planning system. (Multi-Year Objective)Duane Hudson Ongoing (40%) Implementation has begun on the core financials with Tyler. Chart of accounts, forms (Check, AR Invoice, AR Statement, POs, Requisition, Contract, & Receipt forms), as-is and to-be state analysis, and other tasks have been completed. We are working on user access settings and roles. Business process changes have been discussed and will be finalized and refined as we get to testing the initial configuration settings next year. We will schedule asset management (Fleet Maint module) implementation to begin early 2025. The initial kickoff meeting for the utility billing system is scheduled for Nov 25th. TRANSPORTATION - We have safe, efficient, and well-maintained multi-modal transportation systems for pedestrians, cyclists, motorists, and transit riders. Complete the construction of the Cleave Street Improvements.Greg Muhonen (JB)35% The construction contract with ABC Asphalt, Inc, was approved by the Town Board at the June 11, 2024 meeting. All work in the corridor was halted for the summer on June 28th based on feedback from adjoining businesses. Work on the utility undergrounding resumed on October 21st, 2024. ABC began construction at the east end of the project on October 28th. Relocation of the overhead electric wires is scheduled to be completed still in 2024. This Objective is carried over to 2025 as Transportation Objective 2.A.4. Complete the street rehabilitation of 1st Street, 2nd Street, 3rd Street, North Court, and South Court and provide ADA compliant pedestrian facilities following the water main and service installation project. Greg Muhonen (JB)50% Phase 1 construction (3rd Street, North & South Courts) has been awarded to Wagner Construction and construction has begun. Due to numerous construction issues, the latest being 22 shallow Xcel gas services, curb, gutter, and sidewalk installation has been delayed, which also delays the paving operation. Xcel will have 2 crews working to lower the services so that curbing can be installed by November 1. Paving is likely delayed until the spring of 2025. Due to funding constraints, roadway and sidewalk work on 1st and 2nd Streets will be delayed until 2025. This Objective will need to be carried over to 2025. Complete rehabilitation of West Elkhorn Avenue from Moraine Avenue to Far View Drive. Greg Muhonen (JB)25% This project is included in the 2024 STIP. The Town Administrator's Office directed Public works to postpone this project due to construction impacts from the Downtown Estes Loop. This project is now scheduled for completion in Spring of 2025. This Objective is carried over to 2025 as Transportation Objective 2.A.1. Deliver technical support and public communication assistance for construction of the Downtown Estes Loop by FHWA. (Multi-Year Objective)Greg Muhonen 100%This project is substantially complete with minor punch list work underway by Flatiron Constructors under the oversight of the Federal Highway Administration. 2024 Town of Estes Park Strategic Plan Progress Report Final KEY OUTCOME AREAS Party Responsible On Track Behind Schedule Hold/ Tabled Done*% Complete Comments Seek funding and create an implementation timeline for the year-one recommendations from the Transit Development Plan.Greg Muhonen (DK)0% The consultant team presented results of community engagement efforts, existing conditions assessment and preliminary recommendations to the public at an open house on May 21, 2024 in coordination with the 2045 Transportation Plan. The Transit Development Plan is expected to be presented to the Town Board for consideration in January 2025. This is too late to seek grant funding and establish an implementation timeline to inform the 2025 budget. This Objective is also listed as Transportation Objective 3.C.1 in the 2025 Strategic Plan. Select specific recommendations from the Multimodal Transportation Plan for budgeting and implementation in 2025.Greg Muhonen (JB)0% Kimley-Horn is currently working through the staff and TAB comments on the draft document. The revised draft was released for public comment on November 4th, was discussed at the November 20th TAB meeting, and will be presented at the December 10 TBSS. The Multimodal Transportation Plan is expected to be presented to the TB for approval in January 2025. This is too late to inform the 2025 budget. Implementation of recommendations will need to be delayed to the 2026 budget. This ongoing Objective is also listed as Transportation Objective 3.D.1 in the 2025 Strategic Plan. Construct a single-deck parking structure above the Big Horn parking lot.Greg Muhonen (DP)6% The design was delayed by staff changes and the need to discuss expanded scope with the Town Board. Three level parking structure is estimated to cost $5M. Funding is not budgeted. Construction will not be completed in 2024. The RFP for design services was advertised June 14, 2024. Fee proposals from 5 firms were received July 10 and two firms have been interviewed. Award of the design contract is on hold pending further discussion with the Town Board regarding a funding strategy and timeline for both design and construction. This Objective is also listed as Transportation Objective 5.A.1 in the 2025 Strategic Plan. Seek funding to construct the Visitor Center Parking Lot Improvements and the first phase of the US 34 Corridor Improvements.Greg Muhonen (JB)90% Due to funding shortfalls, it was necessary to eliminate the US34 Corridor study from the project. Approximately $1.1 million has been appropriated for the parking lot construction through CDOT grants and Town matching funds. Currently awaiting the Intergovernmental Agreement (IGA) from CDOT for this construction work. This Objective will need to be carried over to 2025. Actively participate in the US34 Coalition and Transportation Management Organization planning and project implementation.Greg Muhonen (DK)100%P&T Manager Klein has continued attending the monthly US34 Coalition meetings and GoNoCo Board meetings each month since June. This work will continue into the future under Transportation goal 6.A. Pursue CDOT Safe Routes to School grant funding for the design of the segment of the Community Drive Multi-Use Trail between Brodie Ave and Graves Ave.Greg Muhonen (JB)100% With current staff capabilities, we believe that this relatively short segment of trail can be designed in-house and built using 1% sales tax funds. Staff believes that the segment from Manford to US 36 along Community Drive will be a better, more attractive project for SRTS funding. A grant application for this segment was submitted in November 2024. Complete the design of the Fall River Trail.Greg Muhonen (JB)95% Staff was successful in acquiring a $45K design grant from CPW for this project. The $203,539 design contract with Otak, Inc. was approved by the Town Board on March 26th. Notice to Proceed was issued on March 28th and design is expected to be complete in Q1 2025. This Objective will need to be carried over to 2025. Develop, fund, and implement a public trail maintenance program. (2022 CARRYOVER) Greg Muhonen (JB)25% Staff is evaluating whether to develop this plan in-house or make it a part of the overall design of the US34 and Hwy 7 trails redesign. Further discussions are forthcoming.1A sales tax funds are expected to be the revenue source for this effort. This Objective will need to be carried over to 2025 Complete the construction of the roundabout improvements on US 36 at Community Drive. (2022 CARRYOVER)Greg Muhonen 100%The new intersection opened to unrestricted traffic flow on October 5, 2023. The new street light poles are installed and guard rail corrections completed. Landscaping is complete. Utilize SB267 grant funds to design transit & parking improvements in the Visitor Center Parking Lot. (2023 CARRYOVER)Greg Muhonen (JB)30%PW Staff, based on input from TAB has selected a preferred alternative and Kimley-Horn has moved into the design phase. 30% plans will be presented to TAB in 2025. This Objective will need to be carried over to 2025. * for multi-year projects, DONE refers to the portion of the project planned for the current year. 2024 Town of Estes Park Strategic Plan Summary of Carryover Objectives for 2025 KEY OUTCOME AREAS Party Responsible On Track Behind Schedule Hold/ Tabled Done*% Complete Comments EXCEPTIONAL GUEST SERVICES - We are a preferred Colorado mountain destination providing an exceptional guest experience. Continue to work with the Fine Arts Guild to evaluate the feasibility of a performing arts center in Stanley Park.Rob Hinkle 95% Working with Design Concepts to review the Master Plan and the feasibility of a performing arts center. Initial costs for relocation were presented to the Town Board on April 9 and the Town Board directed staff to continue. Encore will be meeting with the Museum about the possibility of partnering with the Museum on their possible future expansion. A public survey was completed and staff will be asking the Board to schedule a Study Session to discuss next steps. This Study Session will take place on February 25. This Objective will need to be carried over to 2025. Enhance the visitor experience in the Visitor Center through Estes Park imagery and artifacts.Rob Hinkle 80% Met with Rebecca from Visit Estes Park and with Mikaela from EP Museum. Both are enthusiastic and supportive of the project. Discussed potential "Then and Now" style imagery & the process for obtaining permission to use images from Museum library. Discussions also held with the Rocky Mountain Conservancy about potential projects to enhance the visitor experience. There is funding in the VEP 2025 budget for this project, so this will be completed in 2025. GOVERNMENTAL SERVICES AND INTERNAL SUPPORT - We provide high quality support for all municipal services. Refresh the Human Resources Strategic Plan and share next steps with the Town Board. Jackie Williamson 75%Staff has begun to updated the plan with input from the organizational culture survey. A report on items addressed in 2024 will be produced and provided to the Board. This Objective will need to be carried over to 2025. INFRASTRUCTURE - We have reliable, efficient, and up-to-date infrastructure serving our community and customers. Complete a Zero-Emission Transit Fleet Transition Plan.Greg Muhonen (DK)10% The Grant Agreement has been executed and a third party consultant has been selected to conduct the study. The consultant contract is expected to be signed by the end of Q4 2024, with completion of the Plan anticipated by Q3 2025. This Plan will cover only the Town's Transit Fleet - not the entire Town fleet. This Objective will need to be carried over to 2025. Consultant contract anticipated to be signed the first weeks of Jan 2025 and the consultant team will immediately begin work to meet May 2025 deadline. Start design efforts and pursue land acquisition necessary to relocate the Police Department out of Town Hall.Paul Fetherston 15% The Town's discussions with the Bureau of Reclamation (BOR) regarding potential use of BOR land for a multi- jurisdictional emergency operations center recently resulted in a shift in the Town's focus to considering a number of site options including privately owned parcels. Town staff continues to look into location options - along with options related to financing, communications and timelines - with an update to and request for direction from Town Board tentatively scheduled for a January 2025 Study Session. Recently, staff identified funding for and secured professional design/ architectural services to conduct the following analysis: programmatic/ site needs, deficiencies, and site plan. This work will inform more accurate square footage, cost estimates and site needs. An application for Congressionally Directed Spending (CDS) grant funding for project design was submitted to Senators Bennet and Hickenlooper. Proposed grant funding in the amount of $1.3M is currently included in draft legislation. Staff is in the process of determining funding options for a project of this magnitude, from design through completion. This Objective will need to be carried over to 2025. Complete construction of Trailblazer Broadband system for customers in the electric service area.Reuben Bergsten 90% Completion of build out is currently fiscally constrained. Construction is complete to 90% of our electric customers. The remaining 10% is our highest-cost construction and lowest density of customers. Staff has submitted two BEAD grant applications for financing to complete the build out of the remaining service area. Develop, fund, and implement a stormwater drainage system maintenance program. (2023 CARRYOVER)Greg Muhonen (JB)65% PW staff met in April 2024 to review the draft Stormwater Maintenance policy and project list. A future Town Board study session is needed to discuss options for resolving drainage issues along roadways (ie retrofitting streets with concrete curb and gutter, eliminating or upsizing driveway culverts, etc). This has been postponed until the new Stormwater Engineer starts and begins to lead this planning effort, which will guide future stormwater infrastructure design and construction grant funding. This Objective will need to be carried over to 2025 Update the Water Master Plan. (2023 CARRYOVER)Reuben Bergsten 75% The scope of work to compile a final document is under development. An added exercise to determine the recommended number of future plants is still under development. Consultants completed six of eleven technical memos (TM) that feed into the master plan. This Objective will need to be carried over to 2025. Install Phase 1 & 2 Town Hall Variable Refrigerant Flow cooling units. (2022 CARRYOVER)Paul Fetherston 10% In an effort to maximize resources, the Town sought grant funding for this project through the Colorado Energy Office Public Building Electrification Grant (PBEG). Based on the November 22, 2024 notification that the Town's grant application was not awarded, the Town is moving forward with awarding the contract for the VRF replacement with budgeted funds. The project is slated for completion by Q2 2025. This Objective will need to be carried over to 2025. ATTACHMENT 2 2024 Town of Estes Park Strategic Plan Summary of Carryover Objectives for 2025 KEY OUTCOME AREAS Party Responsible On Track Behind Schedule Hold/ Tabled Done*% Complete Comments OUTSTANDING COMMUNITY SERVICES - Estes Park is an exceptionally vibrant, diverse, inclusive, and active mountain community in which to live, work, and play, with housing available for all segments in our community. Expand the greenhouse footprint and production capacity to service expanding planting demands on public properties. (2023 CARRYOVER)Greg Muhonen (BB)30%Site work began on November 26 and building erection is underway. This Objective will need to be carried over to 2025. PUBLIC SAFETY, HEALTH, AND ENVIRONMENT - Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. Implement Phase 3 of the Security Camera project to address the needs of the Event Center and the associated parking area. (2022 CARRYOVER)Paul Fetherston 15% IT, in cooperation with Facilities and the Police Department, is leading this effort to expand the security of high traffic Town facilities and areas. IT has secured a unified physical security platform that will support a network of physical security resources including cameras, door access, and other physical security options. The installation of the unified physical security platform is underway and will be completed by end of Q1 2025, to be followed with the installation of Phase III measures in the Events Center, Fairgrounds and Museum expected in Q2 2025. This Objective will need to be carried over to 2025. ROBUST ECONOMY - We have a diverse, healthy, year-round economy. Work with the Estes Chamber of Commerce and Downtown businesses to evaluate implementation options for the Downtown Plan. Travis Machalek 5% Town Administrator Machalek had an initial meeting with Chamber Executive Director DePasquale to begin these conversations. The first step in this process will be working through how to best engage all of the downtown businesses in the discussion. Director DePasquale and TA Machalek are reviewing the state's Main Street program as a potential starting point. This Objective will need to be carried over to 2025. TRANSPORTATION - We have safe, efficient, and well-maintained multi-modal transportation systems for pedestrians, cyclists, motorists, and transit riders. Complete the street rehabilitation of 1st Street, 2nd Street, 3rd Street, North Court, and South Court and provide ADA compliant pedestrian facilities following the water main and service installation project. Greg Muhonen (JB)50% Phase 1 construction (3rd Street, North & South Courts) has been awarded to Wagner Construction and construction has begun. Due to numerous construction issues, the latest being 22 shallow Xcel gas services, curb, gutter, and sidewalk installation has been delayed, which also delays the paving operation. Xcel will have 2 crews working to lower the services so that curbing can be installed by November 1. Paving is likely delayed until the spring of 2025. Due to funding constraints, roadway and sidewalk work on 1st and 2nd Streets will be delayed until 2025. This Objective will need to be carried over to 2025. Seek funding to construct the Visitor Center Parking Lot Improvements and the first phase of the US 34 Corridor Improvements.Greg Muhonen (JB)90% Due to funding shortfalls, it was necessary to eliminate the US34 Corridor study from the project. Approximately $1.1 million has been appropriated for the parking lot construction through CDOT grants and Town matching funds. Currently awaiting the Intergovernmental Agreement (IGA) from CDOT for this construction work. This Objective will need to be carried over to 2025. Develop, fund, and implement a public trail maintenance program. (2022 CARRYOVER) Greg Muhonen (JB)25% Staff is evaluating whether to develop this plan in-house or make it a part of the overall design of the US34 and Hwy 7 trails redesign. Further discussions are forthcoming.1A sales tax funds are expected to be the revenue source for this effort. This Objective will need to be carried over to 2025 Utilize SB267 grant funds to design transit & parking improvements in the Visitor Center Parking Lot. (2023 CARRYOVER)Greg Muhonen (JB)30%PW Staff, based on input from TAB has selected a preferred alternative and Kimley-Horn has moved into the design phase. 30% plans will be presented to TAB in 2025. This Objective will need to be carried over to 2025. * for multi-year projects, DONE refers to the portion of the project planned for the current year. R1 (2/11/2025) KEY OUTCOME AREA  (Alphabetical order) STRATEGIC POLICY STATEMENTS GOALS (MULTI‐YEAR)OBJECTIVES (ONE‐YEAR) 1. We support a wide range of housing opportunities with a particular focus on workforce and attainable housing. 1.A. Plan for and utilize 6E funds to achieve Workforce and Attainable Housing goals in partnership with the Estes Park Housing Authority and other strategic partners. 2.A.1 ‐ Increase utilization of "Access Granted" program for senior community that will allow participants to share home access codes and emergency contract information so that first responders will not have to damage anything if they need to do an emergency welfare check. 1.B. Incentivize private development of workforce and attainable housing. 4.A.1 ‐ Track progress towards metrics of success established for childcare in 2024. 2. We support the needs of our senior community. 2.A. Develop a needs assessment and strategic plan to meet  the needs of the senior community in Estes Park. 5.1 ‐ Expand the greenhouse footprint and production capacity to service  expanding planting demands on public properties. (2023 CARRYOVER) 4.A. Plan for and utilize 6E funds to address childcare issues consistent with the Childcare Needs Assessment and Strategic Plan. 5.A.1 ‐ Develop a master plan for Town Parks and Open Space, in cooperation with the Recreation District and Estes Valley Land Trust. Include chapters on water‐conscious landscaping and pocket parks. 3. We support the needs of families in our community. 5.A. Implement the recommendations of the 2025 Parks & Open Space Master Plan. 5.C.1 ‐ Continue to work with the Fine Arts Guild to evaluate the feasibility of a performing arts center in Stanley Park. (2024 CARRYOVER) 5.B. Overhaul outdated and aging landscaping in Children's Park, Riverwalk, and Wiest Park by 2026.6.1 ‐ Formalize an annexation policy with Larimer County. (2024 CARRYOVER) 4. We support a wide range of childcare opportunities with a particular focus on infants and toddlers. 5.C. Implement the 2019 Stanley Park Complex Master Plan projects at the Events Complex. 6.A.1 ‐ Continue rewriting the Estes Park Development Code with participation from elected/appointed officials, stakeholders, and residents. (Multi‐Year Objective) 5.D. Maintain a high level of arena footing for horse shows and rodeos at the Events Complex.7.A.1 ‐ Replace ADA non‐compliant signs in Town Hall. 5. We expand and improve the durability, functionality, and efficiency of open space and public park infrastructure. 6.A. Complete a full rewrite of the Estes Park Development Code to align with the new Comprehensive Plan.7.B.1 ‐ Develop a digital accessibility transition plan as required by state law. Town of Estes Park 2025 Strategic Plan Vision: The Town of Estes Park will be an ever more vibrant and welcoming mountain community. Mission: The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our residents, guests, and employees, while being good stewards of public resources and our natural setting.  THERE IS NO RANK‐ORDERING OR PRIORITIZATION IN THIS PLAN. ALL NUMERICAL DESIGNATIONS ARE FOR REFERENCE PURPOSES ONLY. For the purposes of Strategic Policy Statements, "We" refers to the Town organization, led by the Town Board of Trustees. Exceptional Community Services ‐ Estes Park is an exceptionally vibrant, diverse, inclusive, and active mountain community in which to live, work, and play, with housing available for all segments in our community.  ATTACHMENT 3 6.B. Collaborate with community stakeholders to update  our adopted transportation, drainage, and parking design  standards and construction policies in the Development  Code by 2026. 7.B.2 ‐ Promote utilization of "Reachwell" app for non‐English speaking  community alerts (NoCo Alerts & EP Alerts). 6. We have an up‐to‐date Comprehensive Plan and Development  Code that reflect the will of the community. 7.A. Implement the 2023 ADA Transition Plan. 9.A.1 ‐ Complete Museum Annex addition. 7.B. Continuously implement organizational processes and  services to improve the accessibility of public information in  all formats, with a particular focus on the needs of  individuals with disabilities and those with limited English  proficiency. 7. We are committed to improving community accessibility for  residents and guests from diverse cultures, and residents and  guests with disabilities.  8. We enact policies that support all demographic segments of  the community. 9. We value the Estes Park Museum's work to preserve, share,  and respect the unique history of Estes Park, and incorporate that  history into our decision‐making processes.  10. We support public art and creative endeavors.  1. We maintain a well‐trained and educated Town Staff. 1.A. Update and actively work on Human Resources  Strategic Plan Action Items annually. 1.A.1 ‐ Implement 2024 Organizational Culture Action Plan. 2.A. Complete a review of the Town employee benefit  package to ensure the Town remains competitive and  aligned with other municipalities. 1.A.2 ‐ Revise Employee Success & Development Form and Process for 2025  based on feedback received in 2024.   2. We attract and retain high‐quality staff by being an employer  of choice, including offering highly competitive benefits and  wages, and encouraging work‐life balance. 3.A. Ensure adequate grant writing capacity as the current  grant resources shift in time allocation. 1.A.3 ‐ Refresh the Human Resources Strategic Plan and share next steps with the  Town Board. (2024 CARRYOVER) 3.B. Ensure adequate resourcing to meet the current and  future preventative facilities maintenance needs for Town  buildings and parcels. 2.A.1 ‐ Propose and implement approved recommendations from the Town  employee benefit package review conducted in 2024. Governmental Services and Internal Support ‐ We provide high‐quality support for all municipal services. 3. We match service levels with the resources available to deliver them. 4.A. Explore options to improve the Town's ability to ensure diverse membership representation on Boards and Commissions. 4.A.1 ‐ Investigate translation of the volunteer form into other languages to solicit a diverse applicant pool. 5.A. Conduct a community survey biennially in odd years to measure our performance and community preferences.7.B.1 ‐ Implement new Human Resources Information System/Payroll. 4. We strive to ensure that the membership of our Boards and Commissions reflects the diversity of the community. 5.B. Evaluate inclusivity of Town community engagement processes. 7.B.2 ‐ Add process improvement goals to the Employee Success and Development program to reinforce the value. 7.A. Implement a Town performance management system including appropriate measures.7.B.3 ‐ File all new employee records electronically starting in 2025. 5. We strive to gain meaningful input and participation from all community members. 7.B. Develop an organizational culture that encourages continuous process improvement. 7.B.4 ‐ Evaluate the development of a searchable public GIS portal to enhance access to available property records. 7.C. Digitize Town records within Laserfiche.7.C.1 ‐ Continue evaluation of permanent Financial records for digitization. 6. We prioritize and support a culture of customer service throughout the organization. 9.A. Minimize risk of becoming a victim of cybersecurity threats. 9.A.1 ‐ Replace Town firewalls and associated software for increased web protection. 10.A. Continually evaluate the functionality of our website to ensure it serves the needs of our customers. 9.A.2 ‐ Implement additional security measures to better protect the Town against cyber threats. 7. We support a culture of continuous improvement in our internal processes and service delivery. 11.A. Evaluate the service condition, safety, functionality, accessibility, and land‐use restrictions of our 32 public buildings using a data‐driven approach and document the outcomes in our LUCITY asset management system. 11.1 ‐ Install Phase 1 & 2 Town Hall Variable Refrigerant Flow cooling units. (2022  CARRYOVER) 11.B. Upgrade the quality, function, and safety of the Town's public restrooms.11.A.1 ‐ Complete building life cycle audits for Town Hall and the Visitor Center. 8. We operate with transparency, maintaining open communication with all community members and proactively making Town information available to the public. 11.C. Pursue energy conservation projects that improve the efficiency of our buildings.11.B.1 ‐ Remodel the public restrooms in Town Hall. 11.D. Establish a timeline and funding strategy to implement the Facilities Master Plan recommendations. Start with the relocation of the Police Department out of Town Hall.11.C.1 ‐ Replace florescent lighting with LED lights in the Street Shop. 9.We monitor for, and protect against, cybersecurity threats. 11.E. Work with the Fire District to investigate and evaluate strategies to use Town‐owned buildings and Town projects to demonstrate wildfire mitigation techniques for facilities. 11.D.1 ‐ Start design efforts and pursue land acquisition necessary to relocate the Police Department out of Town Hall. (2024 CARRYOVER) 11.F. Plan to meet the space needs of the Facilities Division. 10. We maintain a robust, transparent, accessible, and user‐ friendly public‐facing website.  11. We ensure that our facilities are well‐maintained and meet  the needs of Town Departments and the community. 1. We value broad collaboration in providing outstanding guest  services. 2.A. Develop events that attract guests to Town in the  winter and shoulder seasons as well as mid‐week events. 2.A.1 ‐ Develop a guiding philosophy for events that includes consideration of  impact on businesses and the community. 2.B. Continue to develop and attract diverse events and  audiences. 2.B.1 ‐ Add Breakaway Roping as a women's competitive event at the Rooftop  Rodeo.  2. We provide and support high‐quality events that attract guests  to the Town. 2.C. Continue to support events through creativity,  innovation, and technology.  2.C.1 ‐ Utilize Laserfiche to automate event processes such as event orders,  vendor inquiries and forms, and check request forms.   3.A. Work with public‐ and private‐sector entities to  encourage additional town destination opportunities for  guests, including the Museum, particularly in case visitation  limits in the National Park or elsewhere remain a factor.  4.1 ‐ Evaluate and implement better tracking metrics for the Town's outdoor  festivals. 3. We strive to balance the impacts of visitation with the needs  and quality of life of our residents and our key outcome areas. 4.A. Continue to monitor and adjust marketing focus to  events that are branded to and successful in Estes Park. 5.1 ‐ Ensure the availability of an Official Visitor Guide mailing program. 5.A. Implement the Visitor Services Strategic Plan. 5.B.1 ‐ Collaborate with the Rocky Mountain Conservancy to provide on‐site  education opportunities at the Estes Park Visitor Center.  4. We balance data‐driven decisions with community values when  serving our guests and residents using up‐to‐date and relevant  data. 5.B. Visitor Services will work with Visit Estes Park and the  Rocky Mountain Conservancy on developing and  implementing ways to help educate and entertain guests at  the Visitor Center. 5.B.2 ‐ Explore interactive exhibit for the Estes Park Visitor Center.  5.C. Continue to implement a Guest Services (Service  Elevated) annual training for volunteers in the Visitor  Center. 6.B.1 ‐ Enhance the visitor experience in the Visitor Center through Estes Park  imagery and artifacts. (2024 CARRYOVER) 5. We contribute to an exceptional guest experience through a  high‐quality Visitor Services Division.   Outstanding Guest Services ‐ We are a preferred Colorado mountain destination providing an exceptional guest experience.  6. We work to ensure that Estes Park is a sustainable tourism  destination.  1. We are committed to safeguarding the lives and property of  the people we serve. 1.A. Evaluate and meet the sworn officer, dispatch, and  support services staffing needs of the Police Department. 1.B.1 ‐ Implement Phase 3 of the Security Camera project to address the needs of  the Event Center and the associated parking area. (2022 CARRYOVER) 1.B. Integrate security camera systems in Town Hall, Visitor  Center, Events Complex, and Museum. 2.C.1 ‐ Explore the feasibility of solar panels and battery storage on the proposed  new Police Department building. 2. We support environmental stewardship and sustainability  through our policies and actions. 1.C. Evaluate pandemic response plan.  2.G.1 ‐ Evaluate the feasibility of plug‐in hybrid vehicles for use in the Police  Department. 2.A. Continue to incorporate the Environmental  Sustainability Task Force recommendations into Town  operations. 2.G.2 ‐ Replace hedge trimmers, leaf blowers, and line trimmers powered with  internal combustion engines with battery operated tools to comply with state  standards for municipal governments. 3. We are committed to fairness and support for victims of crime  and disasters. 2.B. Modify codes and regulations to support alternative  and distributed energy. 2.G.3 ‐ Partner with Larimer County to utilize grant funds to develop a Climate  Action Plan specific to Estes Park. 2.C. Encourage solar energy options for new and  established homes and businesses, including Town  Buildings. 2.H.1 ‐ Collaborate with Drive Clean Colorado to accelerate equitable adoption of  clean transportation options.  4. We value the importance of maintaining a local emergency  communication center to serve the Estes Valley. 2.D. Support beneficial electrification of buildings by  encouraging the replacement of fossil‐fuel appliances with  cleaner electric alternatives.  5.1 ‐ Increase interagency operability by collaborating with public safety partners  on radio channel sharing authorizations. 2.E. The Events and Visitor Services Department will reduce  the environmental impacts of Town events.  7.A.1 ‐ Acquire dual‐band radios for Police Department supervisors to assure  emergency communications during critical incidents and disasters. 5. We strive to enhance the safety of emergency responders. 2.F. Support the County‐wide Wasteshed Plan and will  remain active partners with Larimer County in its  implementation.  2.G. Establish the Town's role in environmental stewardship  and sustainable practices. 6. We believe in and support restorative practices as a way to  build and repair relationships, as well as increase understanding  about the impact of crime in the Estes Park Community. 2.H. Continue work with Larimer County on Climate Smart  Future Ready initiative. 7.A. Work collaboratively with the Estes Valley Fire  Protection District to build an Emergency Management  function that is focused on resilience, planning for  emergencies, responding to emergencies, and recovering  from emergencies.  Public Safety, Health, and Environment ‐ Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. 7. We train and prepare to fully and immediately respond to  community emergencies. 8. We are proactive in our approach to wildfire planning and  mitigation in response to elevated fire risks in the Estes Valley  and the surrounding area. 9. We recognize the importance of behavioral health in our  community and work with local and regional partners to improve  mental health safety, treatment, and awareness. 1. We foster an inclusive, robust, and sustainable economy based  on a triple‐bottom‐line model, considering economic, social, and  environmental impacts and benefits. 2.A. Improve and streamline the Development Review  process.  2.A.1 ‐ Implement a new software module from SAFEbuilt to allow electronic  submittal of development applications and automated workflow processing.  4.A. Implement the Downtown Plan.  4.A.1 ‐ Work with the Estes Chamber of Commerce and Downtown businesses to  evaluate implementation options for the Downtown Plan. (2024 CARRYOVER) 2. We create and sustain a favorable business climate. 5.A. Conduct corridor studies for the corridors called out in  the Comprehensive Plan. 6.A. Work with the Economic Development and Workforce  Council to build capacity for small business owners to  address employee housing needs.  3. We support a diverse economy, attracting and serving a broad  range of current and potential stakeholders. 4. We recognize the importance of a vibrant, attractive, and  economically viable downtown. 5. We support investment and revitalization in all of the Town's  commercial areas.  6. We support economic and workforce development efforts led  by other organizations.  Robust Economy ‐ We have a diverse, healthy, year‐round economy.  7. We recognize the benefits of shopping locally and will actively support our local businesses and the local economy. 1. We maintain up‐to‐date financial policies, tools, and controls that reflect the financial philosophy of the Board. 1.A. Replace the current accounting system with a modern Enterprise Resource Planning (ERP) system by 2025. 1.A.1 ‐ Complete the implementation of the Enterprise Resource Planning (ERP) system by the end of 2025. 1.B. Develop a set of general budget policies to help guide budget development in the future. This should include consideration of reserve policies, use of one time funding, budgeting approach to vacancies, etc. 1.B.1 ‐ Finalize a set of general budget policies to help guide budget development in the future. 2. We make data‐driven financial decisions. 3. We will consider the most effective financing strategy for large capital projects on a case‐by‐case basis, ensuring that each financing package is appropriately tailored to the project under consideration. 1. We value the development and maintenance of a sustainable, accessible, and efficient multimodal transportation network. 1.A. Upgrade and maintain our public trail network to comply with adopted safety and disability standards utilizing directed sales tax funding approved through 2034. 1.A.1 ‐ Complete Phase 1 (design) of the US34 and SH7 trail reconstruction projects. 1.B. Evaluate the possibility of adopting impact fees and fee‐ in‐lieu mechanisms to assist in funding multimodal transportation improvements. 1.A.2 ‐ Develop, fund, and implement a public trail maintenance program. (2022 CARRYOVER) 2. We will maintain a high‐quality network of streets for our community.1.C. Implement the Wayfinding Signage Program. 2.A.1 ‐ Complete the rehabilitation of West Elkhorn Avenue from Moraine Avenue to Far View Drive. (2024 CARRYOVER) 2.A. Street rehabilitation efforts will result in an average Pavement Condition Index of 80 or greater for the Town street network by 2034.2.A.2 ‐ Complete the reconstruction of Matthew Circle. 3. We will address traffic congestion and improve traffic and pedestrian safety throughout the Town. 3.A. Collaborate with Federal and State partners to mitigate traffic congestion with multimodal solutions throughout the Town.2.A.3 ‐ Complete the reconstruction of Steamer Parkway Town Financial Health ‐ We will maintain a strong and sustainable financial condition, balancing expenditures with available revenues, including adequate cash reserves for future needs and unanticipated emergencies. Transportation ‐ We have safe, efficient, and well‐maintained multimodal transportation systems for pedestrians, cyclists, motorists, and transit riders. 3.B. Develop funding strategies for the design, environmental clearance, and construction of the Moraine Avenue Multimodal Improvements.2.A.4 ‐ Complete the Cleave Street Improvements Project. (2024 CARRYOVER) 4. We effectively communicate with residents and guests about the Town's parking and transportation options. 3.C. Explore the potential for year‐round local and regional transit service. 2.A.5 ‐ Complete the street rehabilitation of 1st Street, 2nd Street, 3rd Street, North Court, and South Court and provide ADA compliant pedestrian facilities following the water main and service installation project. (2024 CARRYOVER) 3.D. Implement the Multimodal Transportation Plan. 3.A.1 ‐ Begin evaluating traffic flow and business impacts upon completion of the Downtown Estes Loop. 5. We consider strategic, data‐driven investments in technology that promote the financial and environmental sustainability of the Town's parking and transportation assets. 3.E. Fund, commission, and implement a corridor study to deliver multimodal transportation improvements on US 34 between Wonderview Avenue and Steamer Drive.3.A.2 ‐ Utilize SB267 grant funds to design transit & parking improvements in the Visitor Center Parking Lot. (2023 CARRYOVER) 5.A. Implement the Downtown Parking Management Plan in a manner that delivers parking services as a self‐ sustaining program by 2030. 3.C.1 ‐ Seek funding and create an implementation timeline for the year‐one recommendations from the Transit Development Plan. (2024 CARRYOVER) 6. We identify and leverage local, regional, and national partnerships that strengthen and extend the Town's parking and transportation system. 6.A. Work with CDOT and other partners to evaluate additional regional transit options along US34 and US36. 3.C.2 ‐ Collaborate with RTD and the newly created GoNoCo34 Transportation Management Organization to enhance regional transit connectivity options. 8.A. Implement the priorities in the Estes Valley Master Trails Plan. 3.D.1 ‐ Select specific recommendations from the 2045 Multimodal Transportation Plan for budgeting and implementation in 2026. (2024 CARRYOVER) 7. We consider the potential impacts of technology changes, including electric and autonomous vehicles and repurposing of parking structures, in all transportation planning. 8.B. Obtain funding to design and build a functionally connected bike and pedestrian facility network within one mile of Estes Park public schools. 3.E.1 ‐ Seek grant funding for a corridor study that identifies needed multimodal transportation improvements on US34 (Big Thompson Avenue) between Wonderview Avenue and Steamer Drive. 8.C. Complete the Fall River Trail using available trail expansion funds, open space funds, and grant funding. 5.1 ‐ Seek funding to construct the Visitor Center Parking Lot Improvements and  the first phase of the US 34 Corridor Improvements. (2024 CARRYOVER) 8. We will develop and maintain sidewalk and trail connectivity in the Estes Valley in partnership with other entities. 5.A.1 ‐ Identify funding and construct a 3‐level parking structure at the Big Horn parking lot. (Multi‐year Objective) 5.A.2 ‐ Evaluate the pros and cons of beginning to plan for implementation of Phase 4 of the Downtown Parking Management Plan prior to implementing Phase 3. 8.B.1 ‐ Design the Community Drive Multi‐Use Trail (east side of Community Drive between Manford Avenue and US36). If funded through a Safe Routes to School (SRTS) or other grant funding source, advertise for construction in Q4 2025. 8.C.1 Complete design of the Fall River Trail Final Segment (2024 CARRYOVER) and advertise for construction to commence in Q4 2025. 1. We ensure high‐quality, reliable, and redundant water service. 1.A. Ensure at least one water treatment plant can reliably operate year‐round. 1.A.1 ‐ Use the Water Master Plan results to generate options for achieving reliable year‐round operation of at least one water treatment plant. 1.B. Improve water accountability by decreasing per capita treated water demand through loss reduction.1.A.2 ‐ Update the Water Master Plan. (2023 CARRYOVER) 2. We ensure high‐quality, reliable, and sustainable electric distribution service.1.C. Increase the resiliency of the water distribution system. 1.B.1 ‐ Develop an enforcement process for customers who do not comply with water administrative regulations. 2.C. Use funding from the 1% Sales Tax to help reduce the risk of high‐voltage power lines igniting a wildfire.1.C.1 ‐ Initiate construction of the Mall Road Looping project. 3. We encourage and support renewable energy sources and storage. 3.A. Increase/enhance renewable energy sources and storage by collaborating with PRPA and the other Owner Communities to support PRPA's transition plan to minimize carbon‐producing energy. 2.C.1 ‐  Develop a schedule and prioritization of projects to maximize the use of 1A funds in the areas west of town with the highest wildfire risk. 3.B. Establish planning and policy guidance to direct Town investment in zero emission fleet vehicles, equipment, and infrastructure. 3.B.1 ‐ Complete a Zero‐Emission Transit Fleet Transition Plan. (2024 CARRYOVER) 4. We are proactive in our approach to mitigating flood risks.4.A. Continue implementing the Stormwater Master Plan. 4.A.1 ‐ Develop, fund, and implement a stormwater drainage system maintenance program. (2023 CARRYOVER) 4.B. Upgrade and maintain our stormwater collection system to reduce the risk of flooding and damage to public and private property. 4.B.2 ‐ Complete at least one stormwater CIP project from the list included in the Stormwater Drainage System Maintenance Policy. 5. We ensure access to high‐speed, high‐quality, reliable Trailblazer Broadband service. 4.C. Pursue flood mitigation initiatives to reduce flood risk and increase public safety. 5.A.1 ‐ Complete construction of Trailblazer Broadband system for customers in the electric service area. (Multi‐year Objective) 4.D. Pursue grant funding for private and/ or public flood mitigation and stormwater projects. 5.B.1 ‐ Establish a process to verify applicant‐provided information that would determine these applicants as eligible for participation in a low‐cost Trailblazer program Utility Infrastructure ‐ We have reliable, efficient, and up‐to‐date utility infrastructure serving our community and customers.  6. We partner with the three other owner communities to  advance Platte River Power Authority towards our goal of a 100%  noncarbon energy mix. 4.E. Implement a Stormwater Program for Estes Park that  funds the administration, operation, maintenance, and  capital expansion of stormwater infrastructure over a 30  year or greater time period.  4.F. Explore the Community Rating System (CRS) program  as a way to minimize flood insurance costs to the  community.  5.A. Accumulate net positive revenues and apply for grants  to fund capital expansion of the fiber‐optic infrastructure. 5.B. Build an affordable internet connection program. 6.A. Advocate for collaboration and consolidation of  common modernization platforms between the three  owner communities and PRPA to support financial  sustainability of PRPA's carbon‐to‐renewable transition  plan. Town Clerk <townclerk@estes.org> WORK PRODUCT Mayor activities since prior Town Board meeting Gary Hall <ghall@estes.org>Wed, Feb 12, 2025 at 11:48 AM To: Town Clerk <townclerk@estes.org>, Travis Machalek <tmachalek@estes.org>, Gary Hall <ghall@estes.org> For the minutes of the Feb 11: Sampling of Mayor activities Met with Congressman Neguse Received education on full extent of multiple phases of stormwater project Mayor ’s Summit in Denver at CML Attended and spoke at Estes Arts District "For the Love of Art" Attended Visit Estes Park roundtable Met with head of Colorado Office of New Americans Continued assistance with VEP CEO search committee Met with Sally Boccella from Senator Hickenlooper's office Visited Senior Center for music event Provided welcome and overview to Citizens Information Academy Attended municipal court Discussed status and future of First Peoples event with planners Attended open meetings session with CO Freedom of Information Coalition director Listened in on TAB meeting Citizens+ discussions/exchanges: Native American topics; environmental; scientific; parking ordinance; immigration, electric vehicles, immigrants, vacation rentals, Estes Park Chorale upcoming program celebrating Black History month, rodeo, etc. Gary M. Hall Mayor of the Town of Estes Park Office phone: 970-577-3706 Email: ghall@estes.org