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HomeMy WebLinkAboutPACKET Town Board 2013-05-28The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, May 28, 2013 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PRESENTATION . Rotary Duck Race - Contributions to the Community. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Study Session Minutes dated May 14, 2013 and Town Board Minutes dated May 14, 2013. 2. Bills. 3. Committee Minutes – None. 4. Estes Valley Planning Commission Minutes dated April 16, 2013 (acknowledgement only). 5. Transportation Advisory Committee Minutes dated April 23, 2013 (acknowledgement only). 6. Resolution #09-13, Schedule public hearing of June 11, 2013, for a Tavern Liquor License Application filed by Park Theater Mall, LLC. dba Historic Park Theater & Cafe, 130 & 132 Moraine Avenue. 7. Approval of Compensation (Pay) Philosophy presented May 14, 2013. 2. REPORT/DISCUSSION ITEMS: 1. 1ST QUARTER FINANCIAL REPORT. Finance Officer McFarland. 2. GIS DEMONSTRATION. Consultant Jill Fischer. Prepared 05/19/13 * Revised: NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. PRELIMINARY SUBDIVISION PLAT, Lot 3, Stonebridge Estates Subdivision, 1125-1195 Fish Creek Road, Seth Hanson/Applicant. 2. ACTION ITEMS: ƒ Mayor – Open Public Hearing ƒ Staff Report ƒ Public Testimony ƒ Mayor – Close Public Hearing ƒ Motion to Approve/Deny. A. FALL RIVER 12-19 ANNEXATION – RESOLUTION #10-13 & ORDINANCE #07-13 – PUBLIC HEARING. Senior Planner Shirk. B. HARMONY LOT CONSOLIDATION PLAT, 1600 Fish Hatchery Road; Request to combine three parcels into one, Harmony Foundation/Applicant. Senior Planner Shirk. C. FEE WAIVER REQUEST FOR DEVELOPMENT & ANNEXATION APPLICATIONS BY HARMONY FOUNDATION. Director Chilcott. 4. ACTION ITEMS: 1. DEVELOPMENT PLAN AND VESTING RIGHTS EXTENSION – WAPITI CROSSING – CONTINUATION OF PUBLIC HEARING FROM MAY 14, 2013. Senior Planner Shirk. 2. CONSTRUCTION CONTRACT FOR MULTI-PURPOSE EVENT CENTER & STALL BARN PROJECT. Director Zurn. 3. MEMORANDUM OF UNDERSTANDING (MOU) ESTES PARK HOUSING AUTHORITY. Attorney White. 4. ORDINANCE #08-13 – LEASE AGREEMENT WITH THE ESTES PARK LIONS CLUB FOR THE CONCESSION STAND AT STANLEY PARK FAIRGROUNDS. Director Winslow. 5. ADJOURN. Town of Estes Park, Larimer County, Colorado, May 14, 2013 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 Rooms 202/203 in said Town of Estes Park on the 9th day of April, 2013. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris and Phipps Attending: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, and Norris Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Town Attorney White and Town Clerk Williamson Absent: Trustee Phipps Mayor Pinkham called the meeting to order at 4:30 p.m. FUTURE AGENDA ITEMS Trustee Koenig stated the Board would discuss the process for reviewing Town Administrator Lancaster at the May 28th study session and conduct the evaluation later in June. She also requested the Governance policy on the agenda be postponed as the current processes do not match the proposed language. The June 25th study session would include a discussion on insurance coverage for property and liability. Mayor Pro Tem Blackhurst requested the Board discuss reinstating a catastrophic loss fund to address items not covered by insurance and the increase limits to governmental immunity coverage. CAPITAL PLANNING AND MANAGEMENT POLICY. Assistant Town Administrator Richardson stated in June 2010 staff presented to the Board a Capital Asset Management Plan (CAMP) as a first attempt at tracking management practices related to capital assets. Through the process it was determined a capital planning process was needed for the planning of capital expenditures for improvement projects, acquisitions of capital assets and new construction of capital assets. A Capital Improvement Plan (CIP) policy would identify the critical components necessary to develop a CIP including: purpose of the policy, policy statement, procedures outlining the components of the CIP, CIP community participation, CIP management/monitoring and reporting, and terms and definitions. The policy defines which capital purchases, improvement and construction projects become part of the CIP. The plan once developed would be a five-year plan to prioritize projects and be reviewed, updated and approved during the budget process each year. Trustee comments have been summarized: Trustee Koenig stated concern with the Board determining operational projects such as the replacement or repair of routine items which should be done by the department heads who possess the knowledge and expertise. Mayor Pro Tem Blackhurst stated a CAMP was prepared and reviewed by the Board previously and has not be used. Trustee Norris stated the Town Board goals, strategic plan, and CAMP need to be clearly identified in order for the Town to prioritize projects and decisions. Mayor Pinkham commented the Board should set policies and procedures and Administration should direct the process for completing projects. Trustee Ericson reiterated the three levels involved including the identification of Town Board Study Session – May 14, 2013 – Page 2 projects, quantification and prioritization, and stated the Board should make the decision on what projects get completed and when. Mayor Pro Tem Blackhurst stated the addition of all capital projects in the Community Reinvestment Fund (CRF) has made it difficult to understand which items are project based rather than a capital purchase such as portable grandstands. Trustee Ericson and Norris expressed the need to have all capital items in one fund rather than throughout individual department budgets. Policy Review/Changes were noted and including the following: - The policy should be for a minimum of 5 years and no more than 8 years to coincide with election cycles. - Suggested the definitions should be at the front of the document for future boards to understand the terminology before attempting to read the policy. - 103.3.2 – Support of town goals and strategic plans should be added. - 103.3.4. – Define essential improvements and add a clause stating the items are not in a hierarchy. - 103.3.5.1 – Place in alphabetic order and add a clause stating the items are not in a hierarchy. - 103.6.2 – Updated to state a useful life of at least 3 years. The Board requested staff provide an update on projects quarterly at a Town Board meeting. The Board requested the policy be updated and brought forward to an upcoming Town Board meeting for final consideration. DRAFT ECONOMIC DEVELOPMENT REPORT BY DOWNTOWN COLORADO, INC. The draft report from the Downtown Colorado, Inc. (DCI) has been submitted to the Town and the Estes Valley Economic Development Task Force for review. The Task Force has submitted recommended changes to DCI, including organizational changes to the document, spelling, grammatical errors and factual errors. The final report should be delivered by DCI within the next week. Findings of DCI included the need to retain current businesses and attract new businesses to increase economic vitality, develop an economic vision, develop an economic strategic plan, lack of a year-round economy, economic competition, lack of sustainable economic support and the need to create an Office of Economic Development. The recommended action plan for the Task Force consists of adopting an investor model, hiring an Executive Director, developing a budget, identifying funding sources, pursuing funding sources, establishing an Economic Development Council, and creating an Office of Economic Development. The Task Force would begin the next steps of convening the first Economic Development Board of Directors by August 2013 and formation of the Estes Valley Economic Development Council comprised of public/private members. The Task Force would request the Board consider the appointment of Mayor Pinkham and Town Administrator Lancaster to the Council. The Task Force would also request the investors contribute funds to this year’s budget for the formation of the Office of Economic Development. The Task Force has also discussed funding with Larimer County and has received favorable comments. The items would come forward to the Board for consideration. EVALUATION OF SPECIAL EVENTS Director Winslow reviewed the evaluation process for events conducted in Town. He stated the process focuses on a cost/benefit evaluation for each event the Town either manages or supports. The events are rated on criteria identified by staff including local attendance, promotes overnight stays, unique to the visitor, historical/tradition, good fit for Estes Park, takes place in shoulder seasons, length of the event, attendance and profit/loss. Staff continually reviews events and their locations to determine fit, and staff works to pair events together to provide synergy. Many events are still in the startup phase and stated most events take three to five years to become a successful event. Some events may never generate a profit for the Town; however, the economic impact Town Board Study Session – May 14, 2013 – Page 3 for the community justifies the continuation of the event. Staff has developed a survey form to determine the benefit of an event to the community. Trustee Elrod emphasized the need to satisfy the needs of not only the visitors but also the residents of Estes Park when offering special event to maintain and enhance the quality of life for those living in the valley. SUPPORT OF HIGHLAND FESTIVAL Mayor Pinkham stated he and Finance Officer McFarland have met with Dr. Durward to better understand the financial support requested for the festival. Financial data has been provided to the Town for review; however, the data tends to be high level and has not been useful. The Town would like to set up a reporting format that would be helpful in understanding the economic impact of the event on the local economy. Staff has had discussions with the Lodging Association to gain their view on the effects of the event on their membership. The Board stated the festival should be held to the same standards as all others and would request the festival apply for a community grant during the budget process. There being no further business, Mayor Pinkham adjourned the meeting at 6:40 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, May 14, 2013 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 14th day of May, 2013. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris Also Present: Frank Lancaster, Town Administrator Lowell Richardson, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: John Phipps, Trustee Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATIONS. Mayor Pinkham presented the Town of Estes Park Volunteer Recognition proclamation and proclaimed May 22, 2013 as Volunteer Recognition Day. PUBLIC COMMENTS. None. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Ericson stated the Transportation Advisory Committee (TAC) reviewed the Federal Lands Access Program (FLAP) grant at their first meeting. The TAC would meet on May 15, 2013 at 12:00 p.m. in Rooms 202/203 of Town Hall. The Tree Board would meet on May 20, 2013 at 4:30 p.m. The Community Development and Community Services Committee would meet on May 23, 2013 in the Board Room at 8:00 a.m. Mayor Pro Tem Blackhurst informed the community the Estes Park Housing Authority would be moving to the Visitor Center and be open for business on Monday, May 20, 2013. The board meetings would continue to be held in Town Hall Room 203 on the second Wednesday of the month. Trustee Koenig reported the Sister Cities program continues to support student visits from both communities. She stated Monte Verde has acquired their first fire truck and official fire personnel, and established their first service club with the formation of the Lions Club focused on recycling. RMNP has a bird migratory program in which birds have been tagged to review the migration pattern of birds between Estes Park and Monte Verde. TOWN ADMINISTRATOR REPORT. • Platte River Power Authority (PRPA) would hold a listening session on Thursday, May 16, 2013 at the Estes Park Resort to discuss needs and the future of PRPA. • Update on Projects – Bond Park to be completed on time before Memorial Day weekend; FLAP grant application has been submitted with awards to be announced in October; and Moraine Avenue improvements – a preconstruction meeting was held with the contractor and construction would begin within a week once CDOT approvals are received. Board of Trustees – May 14, 2013 – Page 2 • The MPEC/Stall Barn Steering Committee met to discuss the projects and would meet on a regular basis throughout the construction. • RAMP grant application has been submitted for a turn lane from Highway 36 onto Community Drive to address the increase in traffic due to the new facilities at the Fairgrounds. • CVB Parking Structure – The RFP would be completed and issued in the near future. The project would be reviewed by Planning Commission as a Location and Extent Review and as the applicant of a public project, the Town Board has the ability to overturn a decision of the Planning Commission. A public process would be conducted to review design of the structure. • Pro Cycling Challenge – The Town’s preparations are well ahead of the other communities with a Steering Committee formed to plan for the race as well as the other events surrounding race day. • Museum/Senior Center Master Plan remains on schedule. • Property Inventory – Staff continues to work on recommendations and criteria on Town owned properties. 1. CONSENT AGENDA: 1. Town Board Study Session Minutes dated April 23, 2013, and Town Board Minutes dated April 23, 2013. 2. Bills. 3. Committee Minutes: a. Community Development / Community Services, April 25, 2013. b. Public Safety, Utilities & Public Works, May 9, 2013. i. 2010 John Deere 672 Motor Grader, Colorado Machinery, Ft. Collins - $133,364.80 – Budgeted. ii. 2013 John Deere 344J Loader, Colorado Machinery, Ft. Collins - $89,809.10 – Budgeted. iii. Construction Contract for Fairgrounds Irrigation System, Urban Farmer, Inc., $135,249.27 – Budgeted. 4. Tree Board Minutes dated March 19, 2013. (acknowledgement only). It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda, and it passed unanimously. 2. LIQUOR LICENSE ITEMS: 1. RENEWAL LICENSE – CASA GRANDE OF ESTES PARK INC. dba CASA GRANDE OF ESTES PARK CISCOS, 210 E. ELKHORN AVENUE, #220 & #206. Town Clerk Williamson stated the renewal has been forwarded to the Town Board for review because an employee of the liquor license establishment served to an underage person during a compliance check conducted in August 2012. The violation was handled by the State Liquor Enforcement Division and a Stipulation Agreement was negotiated. The licensee has sent employees to T.I.P.S. training in the past, after the violation, and to the upcoming training scheduled. The licensee was present stating the violation was the first in 20 year of doing business. Mayor Pro Tem Blackhurst stated the Town takes violations seriously and stated future violations would be reviewed by the Town Board and served during the season in which the violation occurs. It was moved and seconded (Blackhurst/Koenig) to approve the renewal application for Casa Grande of Estes Park, Inc. dba Casa Grande of Estes Park, and the motion passed unanimously. 2. NEW LIQUOR LICENSE - M&S, INC. DBA OVERLOOK BAR & GRILLE, 165 VIRGINIA DRIVE, TAVERN LIQUOR LICENSE. Town Clerk Williamson stated the application has been submitted for a new Tavern license as a concurrent Board of Trustees – May 14, 2013 – Page 3 review. All necessary paperwork and fees were submitted and the applicant has completed the required T.I.P.S. training. The applicant was present and stated the restaurant would be a upscale dining experience opening in July. Mayor Pro Tem Blackhurst reminded the applicant the Town takes licensing seriously and they are the first line of defense. It was moved and seconded (Blackhurst/Norris) to approve the new Tavern Liquor License for M&S, Inc. dba The Overlook Bar & Grille at 165 Virginia Drive, and it passed unanimously. 3. REPORTS AND DISCUSSION ITEMS: 1. AMERICA IN BLOOM. Municipal Service Worker Kelly presented the nationwide program “America in Bloom” in which the Town would participate in promoting the beautification of the community through education, community involvement, and the planting of flowers, plants and trees. The local project would be known as Estes Park in Bloom involving a community-wide effort including businesses, residents and the Town government. A team of judges would visit on July 11 and 12 to provide the local community with a detailed, written evaluation based on six criteria including floral displays, urban forestry, landscaped areas, heritage preservation, environmental efforts, and the overall impression and cleanliness of the community. The local steering committee has begun preparations and continues to look for ideas. The Board commended Mrs. Kelly for her initiative and efforts. 2. OUTSOURCING PAYROLL. Director Williamson stated due to a staffing change in the spring of 2012, the Administrative Services Department reviewed the possibility of outsourcing payroll using a third party software to administer the Town of Estes Park's payroll with enhanced functionality over the current HTE software. A Request for Proposal (RFP) was issued and three RFP responses were received. A team of employees reviewed and evaluating each provider using the criteria set forth in the RFP. The team unanimously selected Paylocity as they met a number of the criteria including: a great support team with local support in Denver, desired features included in the base package, fifty percent of Paylocity's staff are information technology specialist providing implementation and report writing support, the total cost including start up fees were the lowest, the visual components of the web interface was the most intuitive and is 100% customizable, and the software resides on a cloud which requires no software download and provides real-time access 24/7. HR Generalist Spallinger stated the benefits realized from outsourcing payroll are both immediate and long term for the employees and the Town of Estes Park. Employees would have the ability to access their information, i.e. payroll stub, direct deposit form, year to date figures, and accrual balances, and have limited ability to update personal information such as their address, withholding allowances, and direct deposit allocations. Hours worked would be logged electronically by the individual employee and would not be processed until approved, eliminating erroneous time cards, time spent tracking down missing time cards, redistribution of non-approved time cards back to supervisors, and time spent entering and interpreting hand written/paper time cards. Administrative Services would have the ability to control and access data anywhere and at any time, as well as monitor those with access to information. Quarter and year-end processing would be handled by the payroll company which results in time savings and liability involved in updating tax tables, and printing of W-2's. Administrative Services intentions are to use the system to its full capabilities, which will provide a clear communication channel and consistent system for not only payroll, but for training, performance evaluations, and application tracking in the future. 3. PAY PHILOSOPHY. Director Williamson stated the Board approved contracting with ESM Consulting Inc. to perform a Classification and Compensation study. One of the objectives of the study was to develop a salary structure that enables the Town to maintain a competitive position with Board of Trustees – May 14, 2013 – Page 4 other municipalities and like industries. A steering committee was formed to work directly with the consultant to draft a pay philosophy and identify the Town’s comparable market, i.e. other municipalities, companies, districts, etc. and how the salaries are compared, i.e. market rate %. Eric Marburger/ESM Consulting Inc. stated the pay philosophy would define who the Town compares itself to through a defined geographic region and resort communities with variable populations. The comparable market would be broader than the current list of six communities to provide stability and less volatility. Approving a pay philosophy would provide direction in the collection of the data for the compensation study to be completed in August and help guide staff in making future compensation decisions. 4. SENIOR CENTER & MUSEUM MASTER PLAN PREFERRED ALTERNATIVES. Manager Mitchell and Director Fortini stated after five months of study, planning and community engagement the Master Planning process has reached the final stages in identifying separate development or redevelopment options for the Town’s Senior Center and Museum facilities. The public outreach process included three public meetings, distribution of Master Plan flyers, a neighborhood mailing, and development of a dedicated web page, regular email communication with subscribers, periodic news releases and three stakeholder meetings with members from key constituent groups. Also included were an extensive online survey and a random-sample telephone survey. The level of community response in meetings and surveys has been remarkable and valuable to the planning team. The consultants analyzed existing attendance data, online and telephone survey results and utilized input from staff, citizens and stakeholders as well as professional analysis of several potential sites to arrive at the recommended locations and design alternatives for both facilities. Nan Anderson/Anderson Halls Architects and Patrick Mundus presented the results of the study in which a community survey of over 250 online responses and 260 phone interviews were conducted. The scope of the project included a community process, existing site/building assessment, alternative site(s) assessment, programming and space planning, site and building alternatives, preferred alternatives and a final report forthcoming. Growth trends for the Museum (135% increase) and Senior Center (88%) demonstrate the need for new buildings for both facilities. The surveys determined a high satisfaction with both programs; however, a low overall satisfaction rate with the quality of the facilities. The Museum program facility needs would require a new facility with 19,130 sq. ft., 102 parking stalls, storm water, outdoor program space and a minimum of three acres. The Senior Center would need a building with 14,600 sq. ft., 81 parking stalls, storm water, a small outdoor plaza and a minimum of 2.5 acres. The team considered six sites including the existing site, fairgrounds NE, fairgrounds SE, Lot 4 and 5 Stanley, Fish Hatchery and the inclusion of the Senior Center in a Community Center at the old elementary school building. All six sites were evaluated on criteria including acreage, ownership, size suitability, zoning, access, ease of access, utilities, slope restrictions, visibility, parking adequacy, site synergy, expansion ability, constructability/sequencing and political will. The preferred alternative would place a new Museum at the NE corner of the fairgrounds with an estimated cost of $6-7 million and was chosen due to the proximity to the schools, path Stanley Park, and visibility. The preferred alternative for the Senior Center would be the current location of the Museum and Senior Center at a cost of $4.5-5 million. The Senior Center could be combined in an alternate concept with a Community Center, which ranks higher than stand-alone centers when applying for grants. Director Fortini also confirmed that there are grant opportunities for research facilities which would help fund the storage facility proposed in the building design of the Museum. Trustee Elrod stated the Town has a fiduciary responsibility to preserve the museum collection, and therefore, a new museum facility would need to be built first. He also commented the Community Center property being proposed is owned by the School District and placing the Senior Center operations in a building not owned by the Town may be problematic. Ms. Anderson confirmed Board of Trustees – May 14, 2013 – Page 5 the Museum’s current operations are not meeting the mission and in order to do so a new facility would need to be built. 4. ACTION ITEMS: 1. RESOLUTION # 08-13 SUPPLEMENTAL BUDGET APPROPRIATION FOR COMMUNITY REINVESTMENT FUND. Finance Officer McFarland presented a mid-year budget appropriation for 2013 to the Community Reinvestment Fund (CRF) in order to fund the construction of the Multi-Purpose Event Center (MPEC) and stall barn at the fairgrounds. The appropriations are needed to demonstrate funds are available to meet the 2013 repayment obligations of the Certificates of Participations (COP), and to legally bind the contract with Dohn Construction for the construction of both facilities. The Resolution requests an additional $8,672,170 in appropriated expenditures for the CRF with funds coming from a combination of fund balance and additional new revenue sources (grant funds and COP funds). It was moved and seconded (Ericson/Norris) to approve Resolution #08-13, adopting the supplemental appropriations for the 2013 Community Reinvestment Fund budget, and it passed unanimously. 2. DEVELOPMENT PLAN AND VESTING RIGHTS EXTENSION – WAPITI CROSSING – PUBLIC HEARING. Director Chilcott reviewed the application stating the applicant, Lexington Lane LLC, has requested a one-year time extension of the development plan approval and vesting period originally approved with Development Plan 07-13 on May 20, 2008 with a vesting period of three-years, and in April 2011 the vesting period was extended for an additional two-years, expiring May 20, 2013. No development activity has occurred, and construction plans have not been submitted for review/approval. Since the Development Plan was approved the Fire District was formed and the International Fire Code (IFC) adopted; therefore, the District has requested the Plan be reviewed under the 2009 IFC. The Public Works Department has also requested the Plan be reviewed to meet current standards, including a Traffic Impact Analysis. The request has been routed to affected agencies for review and comment, surrounding property owners, and a legal notice published; however, the item was not included in the published Town Board agenda and the property owner was not available to attend the meeting. Staff requests the item be continued to the May 28, 2013 meeting. Mayor Pro Tem Blackhurst questioned if a project had been extended twice in the past. Director Alison stated this is the first project that has been extended in which no development has occurred during the extension period. Trustee Elrod stated Ordinance 17-10 states a one-year extension of a Development Plan can be granted by the Community Development Director if no changes have occurred to the Development Code. Director Chilcott stated staff can deny the Development Plan but not the vesting rights and the two need to be concurrent. It was moved and seconded (Norris/Ericson) to continue the public hearing for the Development Plan and Vested Rights Extension to the May 28, 2013 Town Board meeting to allow for full public notice, and it passed unanimously. 3. POLICE RETIREMENT PLAN AND FPPA COVERAGE. Director Williamson stated a review of the current retirement plan contributions was reviewed at the April 9, 2013 Town Board Study Session, which illustrated the Town contribution percentages to each of the three plans (PERA, ICMA Management and ICMA Police) were not consistent; however, between 2005 – 2011 the disparity between the plans increased with a difference of 3.7-4.5% because contribution rates for PERA had increased to 13.7%. Staff would recommend aligning all retirement plans with PERA rates set each year and Board of Trustees – May 14, 2013 – Page 6 modify the ICMA agreements annually to address changes. Also, staff would recommend retroactive contributions to the Police employee ICMA retirement plans at the 13.7% rate starting January 1, 2013. In addition, the Town joined FPPA in 1986 to provide death and disability coverage for the Police. At that time the dispatchers (mostly female) were conducting searches of female subjects, and therefore, qualified as members of FPPA. This practice ceased many years ago, however, the Town continues to pay contributions and enroll new dispatchers in FPPA. After a review of the coverage with FPPA, it was determined the dispatchers are not qualified members and would not be covered by FPPA if a claim was made even though the Town is paying for coverage. The Town pays 2.6% for FPPA coverage per dispatch employee per payroll. Staff would therefore recommend removing the dispatchers from FPPA and applying the 2.6% towards their retirement, thereby providing them a direct benefit to their retirement plan at no additional cost to the Town. It was moved and seconded (Ericson/Koenig) to increase the ICMA Police retirement contribution from 11.1% to 13.7%, retroactively contributing 2.6% to current Police retirement accounts as of January 1. 2011, and discontinue FPPA coverage for dispatchers effective May 12, 2013, and it passed unanimously. 4. TOWN BOARD POLICIES. Town Administrator Lancaster requested the Board table the Governing Policy-Board/Staff Linkage to ensure the processes match the proposed language. Policy 102 – Town Committee addresses the selection and appointment of committee members. Policy 103 – Town Board Procedure and Tool Boxes incorporated the existing policies of the Board in the new standardized policy format. It was moved and seconded (Koenig/Norris) to table Governing Policy – Board Staff Linkage until June, and it passed unanimously. It was moved and seconded (Norris/Koenig) to approve Policy 102 - Town Committees, and it passed unanimously. It was moved and seconded (Norris/Koenig) to approve Policy 103 – Town Board Procedure and Tool Box, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 9:30 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS  Regular Meeting of the Estes Valley Planning Commission  April 23, 2013 ‐ 1:30 p.m.   Board Room, Estes Park Town Hall     Commission:  Chair John Tucker, Commissioners Doug Klink, Betty Hull, Joe Wise, Kathy  Bowers, Nancy Hills, Steve Murphree    Attending:  Vice Chair Hull, Commissioners Klink, Wise, Bowers, Hills, and Murphree    Also Attending: Director Chilcott, Planner Shirk, Code Compliance Officer/Planner Kleisler, Town  Attorney White, and Recording Secretary Thompson    Absent:  Commissioner Tucker    The following minutes reflect the order of the agenda and not necessarily the chronological sequence.    Vice Chair Hull called the meeting to order at 1:30 p.m. There were approximately 12 people in  attendance.      1. PUBLIC COMMENT  Greg Rosener, with the Economic Task Force, gave an overview of how the task force has  evolved, stating it was important to the group to not change the fabric of what was already in  place. The basis of the economy in the Estes Valley is tourism, which can be a building block  for future economic development. He reviewed “The Path Forward” charts, including: Current  Economic World of Estes Valley, Internal/External Threats, Business Retention, Business  Attraction, Primary Goals, and Action Plan. The task force’s recent focus has been on  Internal/External Threats: Competition from Ski Resort Communities, Wildfires & Other  Natural Events, Unfunded Infrastructure Needs, Federal/State Budget Cuts (including RMNP),  Known Demographic Trends, Unanticipated Events, and Seasonality of our Economy.  He  stated the population of the Estes Valley has changed, and fewer families with young children  are living here. One goal is to keep current businesses healthy and thriving.  He stated certain  primary jobs that would fit in the Estes Valley would include software engineering.  Information from the task force will be ongoing.     2. CONSENT AGENDA  A. Approval of minutes, March 19, 2013 Planning Commission meeting.     It was moved and seconded (Hull/Klink) to approve the consent agenda as presented and  the motion was approved 5‐1, with one absent and Commissioner Hills abstaining.      3. STONEBRIDGE ESTATES TOWNHOME SUBDIVISION PRELIMINARY PLAT  Senior Planner Shirk reviewed the staff report. This was a request to convert the existing  Stonebridge Estates Condominiums (ownership is airspace only) to Townhomes (ownership is  structure and underlying land). The project is located on Fish Creek Road, and is within the  Town limits. The condominium project was approved approximately six years ago. The  development complies with the townhome standards in the Estes Valley Development Code  (EVDC). An ‘outlot’ would be created around the individual units, and would be owned and  maintained by the homeowners association; this land would be comprised of the driveways,  post office cluster box, etc. Planner Shirk stated no additional development rights were  requested with this application, only the conversion from condominiums to townhomes. This  application was for the preliminary plat. The Planning Commission’s recommendation would  be forwarded to the Town Board, which would review this item and the Final Plat at a future  meeting date.     STAFF FINDINGS  1. This proposal complies with applicable sections of the Estes Valley Development Code,  including Section 3.9.E “Standards for Review”  RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 April 23, 2013 2. Per Section 10.5.K.1, the street buffer landscaping shall either be installed or guaranteed  prior to recordation of plat.  3. This request has been submitted to reviewing agency staff for consideration and  comment. No significant issues or concerns were expressed by reviewing staff relative to  code compliance or the provision of public services.  4. Applicant proposes to address refuse disposal with the HOA declarations. If garbage is  stored inside garages until the morning of trash pick‐up, containers are returned to  garages that same day, and garages kept closed and locked, this concept will satisfy the  requirements of Section 7.8.G.  5. Per Section 3.2.D.2a, ‘when the EVPC is a reviewing body only, conditions of EVPC‐ recommended approval that require revisions to the submitted application, plans or  drawings shall be completed by the Applicant within thirty (30) days of the EVPC’s action.  A revised application shall be a condition precedent to placing the application on the Town  Board’s agenda.’  6. This is a Planning Commission recommendation to the Town Board.    Planner Shirk stated staff recommends approval of the proposed amended plat to the Town  Board.  Staff has begun to include the agency findings with the packet information, itemizing  compliance and non‐compliance with the EVDC. The existing HOA for the condominiums  would be dissolved and replaced with an HOA for the townhomes.    PUBLIC COMMENT  Amy Plummer/applicant representative stated this was a clean project, where all the details  were completed during the development plan for the condominiums. She stated the applicant  was aware of and accepted the conditions of approval.    STAFF & COMMISSION DISCUSSION  None.    CONDITIONS  1. Compliance with memos from:  a. Estes Valley Fire Protection District (March 14 and 26, 2013)  b. Community Development Department dated February 28, 2013.  c. Water Department dated March 21, 2013    It was moved and seconded (Bowers/Hills) to recommend approval to the Town Board for  the Preliminary Plat of Stonebridge Estates Townhome Subdivision with the findings and  conditions recommended by staff and the motion passed unanimously with one absent.     4. HARMONY FOUNDATION, INC. MASTER CONCEPT PLAN (DP 2013‐01) AND SUBDIVISION PLAT   Planner Shirk reviewed the staff report. He stated the request was for a development plan  and subdivision plat to facilitate the redevelopment and future expansion of the Harmony  Foundation treatment facility. The Harmony Foundation facility is located towards the west  end of Fish Hatchery Road. The land is currently outside the Town limits, and the applicant has  applied for annexation into the Town limits, which will be heard by the Town Board in May.  Planner Shirk stated the Planning Commission is the decision‐making body for the  Development Plan, and the recommending body for the Subdivision Plat.     Planner Shirk stated the area in review is approximately 42 acres, and much of it is too steep  for development. The intent of the Subdivision Plat would be to create one parcel (with a  concise legal description) out of three existing metes and bounds parcels, and include right‐of‐ way vacation and dedications and utility easements as necessary. The Development Plan  would consist of a phasing plan. Phase I would include development of a lecture hall, new  admissions building, new medical building, and new dining hall. The intent is to begin  construction in the fall of 2013. Future phases would include an addition to the family center,  men’s chapel, gymnasium, replacement of some men’s housing units, and some additional  women’s housing units. Time frame for construction of future phases is dependent on  RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 April 23, 2013 fundraising.  Planner Shirk stated the applicant would be requesting a 20‐year vesting period  for the future phases, which would be addressed through the annexation ordinance.    Planner Shirk explained the annexation proposal. The Town has a long history with annexing  property in the Fish Hatchery Road area, and further west on Fall River Road. The  intergovernmental agreement with Larimer County supports this type of annexation.     Planner Shirk stated there are currently about 80 beds, and at complete build‐out there would  be approximately 120 beds, evenly divided between men’s and women’s units. The applicant  applied for several minor modifications, and staff determined the modifications were not  required and could be addressed through the EVDC. Setbacks, curbing, and stormwater were  all addressed, and there are currently no items out of compliance with the EVDC. Planner  Shirk stated the main access to the property was via the intersection of Fall River Road and  Fish Hatchery Road. Fall River Road is a state highway (Hwy 34). Based on the existing traffic  levels that pass through the intersection on a daily basis, a left‐turn lane is warranted, per  Colorado Department of Transporation (CDOT) standards. Staff agrees a left‐turn lane is  needed at that intersection. Planner Shirk stated the EVDC only gives authority to require off‐ site improvements up to one‐quarter mile. The intersection in question is approximately one‐ half mile from the property, and is therefore outside the bounds established by the EVDC for  off‐site improvements. Staff recommended the issue be discussed with CDOT, the applicant,  and the Public Works Department.      Planner Shirk explained the review criteria, stating the plan complied with all applicable  standards set forth in the EVDC. Section 4.4.D.4 Pedestrian Amenities and Linkage  Requirements would need to be reviewed more closely. The Planning Commission must find  that the proposed trail provides for interconnection with existing or planned pedestrian,  bikeway, or trail systems on adjoining properties, unless the Planning commission determines  that such interconnection would have adverse impacts on open space, wetlands, sensitive  environmental areas, or other significant natural areas.  Planner Shirk stated the applicant  proposed to locate the trail on the north side of Fish Hatchery Road, and the following points  are important to know prior to making a decision for the trail location:   An easement was dedicated several years ago with the development of the  condominiums on the north side of Fish Hatchery Road as a location for a future trail.   The Estes Valley Comprehensive Plan does not specify the location of the trail.   A completed portion of the Fall River Trail is located near David Drive, on the south  side of Fall River Road.    Cornerstone Engineering drafted a preliminary trail design approximately ten years  ago for the Fall River Trail, showing the trail in that area on the south side of the road.  It is important to note this plan was never finalized nor adopted.   The applicant provided written explanation as to why they want to locate the trail on  the north side of the road, citing Federal privacy regulations for treatment facilities.    The Public Works Department recommends the trail be located on the south side of  the road, to eliminate the need for road crossings and associated traffic hazards.    The south side of the road presents fewer engineering obstacles in trail design and  construction. The Public Works Department would accept cash‐in‐lieu of trail  development. The applicant would provide a fee to the Town instead of developing the  trail themselves. When the time came to complete the trail through that area, the  Town would allocate the cash‐in‐lieu to that specific area.    Staff drafted a condition of approval to address the issue, listed below. The cost estimate  would be based on the preliminary plans that were prepared by Cornerstone Engineering.  There is not a set date for the trail to be completed. Cost estimate would not be 100%  accurate, but would provide a good estimate.     RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 April 23, 2013 Planner Shirk stated the applicant prepared a wildfire mitigation plan and an evacuation plan,  which were routed to the Larimer County Wildfire Coordinator and the Estes Valley Fire  Protection District, who were supportive of the plans.    Due to the slope on the south portion of the property, the development plan includes limits of  disturbance, which would keep development off of the hillside. This made it easier for the  applicant to address wildfire issues.      No comments were received from adjacent property owners concerning the development of  the property. However, several neighbors inquired about the proposed annexation.     STAFF FINDINGS  1. The development plan complies with applicable standards set forth in the EVDC, as  outlined in the staff report and Findings of Compliance dated April 10, 2013.  2. The development plan is consistent with the policies, goals and objectives of the  Comprehensive Plan.  3. Approval will not be materially detrimental to the public welfare, injurious to other  property in the neighborhood, or in conflict with the purposes and objectives of the Estes  Valley Development Code.  4. The structures are compatible in terms of building mass, scale and design with the  character of the surrounding neighborhood.  5. The proposed trail provides for interconnection with planned trail systems on adjoining  properties as required by §4.4.D.4 Pedestrian Amenities and Linkage Requirements.  6. The proposed 20‐year vesting period will provide for the coordinated, harmonious  development of the site and will best promote health, safety, order, convenience,  prosperity and general welfare, as well as efficiency and economy in the process of  development (Section 1.3 Purpose and Intent)  7. The Planning Commission is the Decision‐Making Body for the development plan, and the  Recommending Body for the subdivision; the recommendation is to the Town Board of the  Town of Estes Park.  8. In accordance with Section 3.2.D.2, ‘a revised application shall be a condition precedent to  placing the application on the Town Board’s agenda.’ The required revisions are due  within thirty (30) days of Planning Commission recommendation.    CONDITIONS OF APPROVAL  1. All development shall comply with the Harmony Foundation Master Plan Fire Mitigation  Plan.  2. Phases II and III shall submit development plans for staff‐level review and approval prior to  issuance of building permits. Such development plan review shall verify the proposed  development complies with the Harmony Foundation Master Plan and applicable  regulations of the Estes Valley Development Code.   3. Street signs shall be installed prior to issuance of the first building permit for Phase I,  including street name, one‐way, “do not enter”, and stop signs.  4. The Harmony Subdivision Plat shall be submitted for recording prior to site work, but no  later than November 29, 2013. The plat shall include easements for utilities to be installed  with Phase I. Easement locations shall be approved by utility providers prior to recording  the plat. Trail design and easement on east and west ends of property should be  contained in the right‐of‐way on the south side of Fish Hatchery Road to the maximum  extent feasible.  5. Compliance with the following memos from reviewing agencies:  a. Estes Park Public Works Department dates March 21, 2013.  b. Estes Valley Fire Protection District dated March 19, 2013  c. Estes Park Utilities Department dates January 21, 2013.  d. Upper Thompson Sanitation District dated March 15, 2013.  6. Prior to Town Board hearing, the applicant shall meet with Town of Estes Park Public  Works Department and Colorado Department of Transportation staff to discuss traffic  impact at Fall River Road/Fish Hatchery Road intersection.  Fee‐in‐lieu shall be provided  RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 April 23, 2013 for the required trail. Fee shall be subject to review and approval of the Public Works  Department, and shall be based on the preliminary plans prepared by Cornerstone  Engineering in the early 2000s.    7. The development plan shall be revised to:  a. Include a street name, subject to review and approval of the Town of Estes Park Chief  Building Official. The main drive shall be titled “Circle”, and the eastern branch shall be  titled “Court”.  b. Indicate the trail will be built with Phase I.  c. The landscaping plan shall be revised to include additional buffering west of the  admissions/medical and dining hall buildings.    PUBLIC COMMENT  Steve Lane, Basis Architecture/applicant representative briefly reviewed the history of the  master plan concept. The applicant wants to preserve the natural setting and serenity of the  site, be flexible, and retain small scale of living facilities. Separation of gender is important,  and additional beds are needed to maintain the health and safety of the clients.  The  construction would allow staff and clients to spread out and have more efficient use of the  campus. Mr. Lane stated he met with the Public Works Department and CDOT. CDOT prefers  to have the left‐turn lane, but does not have the funding to construct it. The applicant is  willing to comply with the EVDC, but does not support being required to install the left‐turn  lane. The applicant requested the condition regarding the turn‐lane be removed. Concerning  the trail, the applicant would prefer the trail be located on the north side of the road to  maintain privacy for the clients. Mr. Lane stated if the trail could be located in the right‐of‐way  on the south side of the road, the applicant would have the opportunity to add landscaping  and buffering to shield the property from the public. He showed architectural drawings of the  proposed redeveloped areas.    Commissioner Hills asked for specific information relating to 42CFR. Harmony CEO Dot  Dorman stated 42CFR was a regulation for treatment centers to protect the privacy of the  clients being treated. The intent is to do everything possible to de‐stigmatize the disease of  substance abuse and any fear or concerns about people afflicted with that illness by  protecting their privacy. It is a law the treatment center must follow, not the Town of Estes  Park. Harmony is posted “Not Open to the Public”, and they would rather not have the public  in such close proximity. Ms. Dorman stated they would support adding landscaping/berming,  etc. to shield the facility from the trail, stating it would be designed to discourage contraband  from being brought onto campus.     There was discussion among the Commissioners concerning the road, easements, degree of  slope on the north side, and right‐of‐way.  Mr. Lane requested, for construction purposes, the  easements be determined at the development plan stage.  Town Engineer Kevin Ash stated he  would prefer the trail be located on the south side. He understood the privacy issues, and  would support having the easement in the right‐of‐way. His concern was public safety on the  trail. Road crossings should be kept to a minimum. He would support receiving cash in lieu of  building the trail in Phase I.  Planner Shirk showed the right‐of‐way exhibit to indicate the  distance between the right‐of‐way and the property line.    Public comment closed.    COMMISSION AND STAFF DISCUSSION  Commissioner Klink stated a 20‐year vesting period was a long time, and was concerned about  the opportunity for public comment many years down the road. Town Attorney White stated  vesting does not mean the public would not be made aware of development in the area.     It was moved and seconded (Bowers/ Murphree) to approve the Harmony Foundation  Master Plan, replacing Condition #6 with information about “fee‐in‐lieu” and adding to  Condition #4 concerning the proposed trail being constructed in the right‐of‐way and the  motion passed unanimously with one absent.   RECORD OF PROCEEDINGS Estes Valley Planning Commission 6 April 23, 2013   Planner Shirk stated the plat revisions would be completed and sent to Community  Development prior to the Town Board meeting.     It was moved and seconded (Klink/Hills) to recommend approval to the Town Board for the  Harmony Foundation Subdivision with the findings and conditions recommended by staff  and the motion passed unanimously with one absent.     Planner Shirk thanked the Planning Commission for coming up with an acceptable decision on  the trail issue. Commissioner Klink stated the Harmony facility is important and should be  supported.     5. ESTES PARK HOUSING AUTHORITY, Rita Kurelja   Ms. Rita Kurelja, Director of the Estes Park Housing Authority, presented a concept to the  Planning Commission to amend the Attainable Housing section of the EVDC, Section 11.4,  which currently allows up to a 50% increase in density if attainable housing is incorporated  into the development. The change she would like to see would be in the definition of  “Attainable”, to include income limits for both rental and home ownership to 125% of the  Larimer County Area Median Income. The median income is always adjusted for household  size.   The current definition for renter occupied attainable housing units states the income  qualifications are 60% of the Larimer County Area Median Income or below, and owner  occupied housing units qualify with 80% or less of the Larimer County Area Median Income.  She explained the use of the Larimer County Area Median Income statistics was a HUD  decision, not a local one. Ms. Kurelja would like to propose both the 60% and the 80% be  increased to 125%.     The reasoning behind the change included: 1) To address lack of housing for middle income  households; 2) Middle income households earn too much money for typical Housing Authority  properties; 3) It is difficult for the Estes Valley to retain young families due to the long‐term  housing shortage. Real estate prices in the Estes Valley are high, and as they continue to  increase, so does the affordability gap and the even greater need for attainable housing. Ms.  Kurelja explained the current density bonus has been used only by the Housing Authority and  Habitat for Humanity. The increase in density bonus could potentially help smaller  developments.     Attainable housing units would be deed restricted. The resale element would need to be  clearly defined and allow for some appreciation. The goal is to incentivize private developers  to encourage attainable housing development. Currently, the only private development that  was built specifically for attainable housing is The Neighborhood. Ms. Kurelja stated the Estes  Valley Comprehensive Plan briefly addresses attainable housing. Any units deemed attainable  housing must have enforcement tools, deed restrictions, resale provisions, etc. Ms. Kurelja  stated there was a huge backlog for long‐term rentals, and the Housing Authority has seen a  large number of inquiries for single‐family dwellings from people whose income is too high to  qualify. For home ownership, buyers cannot spend more than 40% of their income for housing  costs, with the qualification for rentals being 30% of income. She stated other resort  communities allow more than 100% median income, and gave Telluride as an example.  Developers would still need to look at income limits to determine who would qualify.  Discussion ensued concerning the successes and failures of affordable housing in the Estes  Valley. Comments included, but were not limited to: concern about density bonus that are  currently built‐in to the zone districts; housing is not the only reason young families are  leaving the area or not moving to the area; affordable housing should be addressed by private  enterprise and not by government regulation; limited number of employment opportunities in  the Estes Valley; once a deed restriction is in place, it would always be an attainable housing  unit.     Director Chilcott stated the Town Board directed staff to move forward with addressing   affordable housing in the EVDC. Commissioner Hull recommended polling the Commission for  RECORD OF PROCEEDINGS Estes Valley Planning Commission 7 April 23, 2013 support of a proposed code amendment, with the following results: Commissioner Wise  supported affordable housing if it was limited to rentals, not ownership. He would be willing  to increase the median income (staying under 100%) for multi‐family rentals. Commissioners  Klink and Bowers concurred with Commissioner Wise. Commissioner Murphree stated it  would be difficult to build a “low‐priced” home in Estes Park, even with the density bonus.  The density bonus would help, but would come with its own set of problems. Land prices and  construction costs make the efforts for affordable housing prohibitive. Commissioner Hills  clarified the EVDC was very specific about density.      Commissioner Klink stated multi‐family units would be much more efficient than single‐family  dwellings. Mr. Kurelja stated the highest inquiries are for single‐family dwellings.    6. ESTES VALLEY COMPREHENSIVE PLAN  Planner Kleisler stated staff has reviewed options for a new layout and design for the  Comprehensive Plan. He stated they would work on the easiest chapters first, making sure  users would be able to get information quickly and efficiently. Staff reached out to Visit Estes  Park for permission to use some of their photos of town. The current land use plan will be  updated with better use of graphics, while keeping the number of pages of text to a minimum.  The goal is to make it user‐friendly for developers and potential business owners.  The  Commissioners were please with the proposed layout.      7. REPORTS  A. Planner Shirk reported on the following pre‐application meetings:   1. Estes Park Medical Center parking lot expansion (3rd in 5 years). Staff is in discussion  with the hospital about adding parking to north side of the existing parking lot. The  application will be a Special Review, with the Town Board being the decision‐making  body.   2. Craftman’s Corner, behind Park Flooring, proposes to construction a building for  storage and rent space to contractors.  3. Bank of Colorado has proposed to divide their lot into two separate lots.  4. Wildfire Development has proposed a development plan and rezoning. There are  specific zoning constraints currently applied to this parcel that the property owner  desires to have removed.  B. Planner Shirk reported on the following Board of Adjustment reviews:  1. Variance request for a new home on Black Squirrel Drive in Little Valley.  2. A minor modification for a home in the High Drive area was processed at staff level.  C. Planner Shirk reported on the following Town Board reviews:  1. Stonebridge Estates Supplemental Condominium Map #2 – April 23, 2013  2. Open Air Adventure Park Special Review – Approved March 26, 2013  5. Elkhorn Tubing Hill Special Review – Continued to April 23, 2013  D. Director Chilcott apologized to the Commission for not getting the Partners for Commerce  information into the packets. Her desire is to keep the Commissioners informed about the  Economic Development Task Force meetings.    E. Electronic meeting packets should be available for the May Planning Commission meeting.    There being no further business, Chair Tucker adjourned the meeting at 4:09 p.m.                   ___________________________________        John Tucker, Chair                  ___________________________________        Karen Thompson, Recording Secretary      Town of Estes Park, Larimer County, Colorado, April 23, 2013  Minutes of a Regular meeting of the Transportation Advisory Committee of the Town of Estes Park,  Larimer County, Colorado. Meeting held in the Town Hall Room 202 in said Town of Estes Park on the  23rd day of April, 2013.   Present:  Cory LaBianca    Kimberly Campbell    Ann Finley    Gregg Rounds    Stan Black    Tom Widawski    Bryon Holmes    Belle Morris  Also Present: Frank Lancaster, Town Administrator     Scott Zurn, Director of Public Works     John Ericson, Town Board Liaison     Jen Imber, Public Works Secretary   Absent:  Amy Schwarzbach    Scott Zurn called the meeting to order at 10:00 a.m.  Since this was the kick‐off meeting of the  committee, the first order of business was introductions of members. Each person present stated their  name and basic introductory information.   ROLE AND MISSION OF THE COMMITTEE  Director Zurn and Administrator Lancaster reviewed the mission statement of the Transportation  Advisory Committee that was approved by the Town Board on January 22, 2013, stated as follows:  The mission of the Town of Estes Park Transportation Advisory Committee is to: support comprehensive  transportation planning that enhances the quality of life for the citizens, business, and visitors to the  Town of Estes Park; support the continued safety and maintenance of the Town of Este Park  Transportation System and the review and recommend transportation related capital projects to  implement the Board of Trustees’ transportation goals. The Committee will act as a sounding board to  the Board of Trustees and the Town department of Public Works on transportation planning,  construction and maintenance issues including: roads, transit, trails, pedestrian access, parking and air  quality. The Committee will support the Town Board and staff in local and regional transportation  planning and promote cooperative efforts to resolve transportation issues in the Estes Valley.  Director Zurn gave an overview of the Town’s transportation/traffic needs, unique issues encountered  in this area, maintenance of existing infrastructure, and current and prospective projects and grants.      Administrator Lancaster added that the TAC would primarily focus upon big‐picture transportation  issues.  ROLE OF BOARD LIAISON  Trustee Ericson spoke to the committee that in his role as Board liaison he would convey the  happenings of the TAC and Administration offices to the Town Board, and bring news back to the  committee of the Town Board.   VOLUNTEER MANUAL AND BOARD POLICY ON COMMITTEES  Copies of the Town’s official Volunteer Manual were distributed to each committee member.  Administrator Lancaster explained the manual to the committee and discussed the draft Board Policy  (scheduled to be finalized at the 04/23/13 Board Meeting) in regard to Board‐appointed committees,  highlighting such topics as conflicts of interest and Amendment 41. Administrator Lancaster also  clarified the committee would act as advisory to the Town Board, and all final decisions rest with the  Town Board.  REVIEW OF DRAFT BY‐LAWS  Administrator Lancaster explained the Town Board is working on a standard set of by‐laws for all  Board‐appointed committees, and reviewed the Transportation Advisory Committee by‐laws that were  included in the meeting packet. He advised the committee should have at least a chair person and a  vice‐chair person, to be voted upon at a future meeting.   It was moved and seconded (LaBianca/Finley) to approve the Transportation Advisory Committee  officer positions to include chair person and vice‐chair person and it passed unanimously.  FLAP UPDATE  Director Zurn discussed the FLAP grant currently being pursued by the Town and gave a brief overview  of the prospective downtown highway reroute project. He asked for the committee’s support of the  FLAP grant in the form of a letter of support signed by each committee member. A presentation will be  held on May 1st at 12:00 p.m. in the Administration conference room of Town Hall to provide more  information to the committee on the FLAP grant project.   FUTURE MEETINGS  After a brief discussion, the consensus of the members was to hold meetings no less than quarterly,  and more often as needed. Members felt it would be beneficial to the newly‐formed committee to  meet monthly for the first several months. Beginning in May, future meetings will take place at 12:00  p.m. until 2:00 p.m. on the third Wednesday of each month, until otherwise decided.  Administrator Lancaster adjourned the meeting at 11:00 a. m.  RESOLUTION #09-13 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New TAVERN Liquor License, filed by Park Theater Mall, LLC dba, HISTORIC PARK THEATER & CAFÉ, 130-132 Moraine Avenue, Estes Park, Colorado, is May 3, 2013. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, June 11, 2013, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.5 miles, as measured from the center of the applicant's property. DATED this 28th day of May, 2013. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: May 23, 2013 RE: Compensation (Pay) Philosophy Background: The item was reviewed by the Town Board as a report at the May 14, 2013 Town Board meeting. At that time, the Board appeared to be in agreement with the proposed language. In order to move forward with the Compensation study, ESM Consulting Inc. needs final approval and direction from the Town Board. Budget: None. Staff Recommendation: Staff and the Steering Committee are supportive of the philosophy as presented. Sample Motion: It was moved to approve/deny the compensation (pay) philosophy as presented. Administrative Services Memo Page 2 Pay Philosophy Statement The Town of Estes Park is committed to maintaining a competitive compensation program that attracts and retains a dedicated and versatile workforce. The Town will annually compare its salaries to a predetermined market area in order to maintain a competitive salary structure. The market area primarily consists of other public organizations, and a few private entities, with which the Town competes for employees. This currently encompasses Larimer County, southern and central Weld County and Boulder County south, including the Hwy 36 corridor. In recognition of the varying service requirements Estes Park faces, the market will include those Colorado resort communities that experience significant fluctuations between their resident population and their seasonal visitors. Data will also be included for job classes that have comparable positions in the private sector. These competitive salary levels are coupled with a comprehensive and strong fringe benefit package that compares favorably with the designated market area. This package includes health and welfare benefits at a low cost to Town employees, a very strong retirement package and a variety of paid time off options that provide a work-life balance for Town staff. The Town of Estes Park recognizes that its employees face some challenges in the areas of the cost and availability of near-by housing, commute times and child care. By including other resort communities in our comparison market the Town hopes to ameliorate these concerns. We believe that the total compensation package offered by the Town should be competitive and balance the needs of employees with the financial constraints of the Town. The Town of Estes Park remains committed to being not just “A Great Place to Visit, a Great Place to Live” but also “A Great Place to Work”. Page 3 Given the current survey participants of the Colorado Municipal League and the Mountain States Employers Council, the following public organizations would be included in the Town’s market: City of Aspen Town of Avon City of Black Hawk Town of Breckenridge Breckenridge Sanitation District City and County of Broomfield City of Boulder Boulder County City of Brighton City of Central City Colorado Springs Utilities Town of Cripple Creek Town of Dacono Town of Dillon City of Durango E-470 Toll Authority Empire Electric Association Town of Erie City of Evans Town of Firestone Town of Frederick Town of Frisco City of Fort Collins City of Glenwood Springs City of Greeley Holy Cross Energy Hyland Hills Park and Recreation District Town of Johnstown City of Lafayette La Plata Electric Association Larimer County Left Hand Water District Little Thompson Water District City of Longmont City of Louisville City of Loveland Town of Lyons Town of Mead Town of Palisade Platte River Power Authority Town of Platteville Poudre Valley REA Saint Vrain Sanitation District Town of Silverthorne Town of Snowmass Village City of Steamboat Springs Summit Utilities Town of Superior Town of Telluride United Power Town of Vail Weld County City of Westminster Town of Windsor Town of Winter Park In addition to the public agencies, we will include the results of a specialized wage study from the Colorado Rural Electric Association and will include other private sector data. TOWN BOARD MEETING May 28, 2013 Report/Discussion Item #2. GIS Demonstration This item will be a demonstration only to the Town Board by Consultant Jill Fischer. It is accompanied by a Town of Estes Park & Vicinity Map for the Town Board Members, but there are no materials for the packet. Page 1 FINANCE Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Steve McFarland – Finance Officer Date: May 28th, 2013 RE: Financial Report through April 2013 Background: Attached is the 1st Quarter Sales Tax and Financial report for 2013. The sales tax information includes January – March, 2013, while the financial data is provided through April 2013. The Financial Indicator slide provides information in four key areas: • General Fund: Due to timing (March sales tax data received after closing of April books), sales tax is only reported through February 2013 in this section. “Other” revenues of $549,430 include licenses & permits, intergovernmental, interest/rents, and charges for services. Major expenditure categories are all well within budgeted parameters (28% of budget expended with 33% of year completed). • Sales Tax: Sales tax for the first quarter of 2013 is 9.0% ahead of budget, and 4.0% ahead of 2012. • Enterprise (Utility) Funds: In aggregate, utility revenues are on target with, and even slightly ahead of, budget. Expenditures (24%) are well within budgeted parameters. • Investments: A municipality’s investment universe is limited to interest-rate sensitive instruments, including money markets, CDs, US Treasuries and US Instrumentalities. The drop in interest rates from 2008 (~4.75%) to today (~ 0.25%) has caused over $750,000 in returns to evaporate, subsequently affecting every Town fund. Recent legislation (HB 12-1005) has allowed municipalities to again invest in government-backed securities that were prohibited when the ratings agencies downgraded the US Government in 2010. The Town took advantage of this, and is now positioned in accordance with recommendations from our investment advisors. Our investment strategy is to keep duration (length of investment) on a very short leash – the Town does not want to be caught disproportionately in long positions should interest rates Page 2 FINANCE Memo increase significantly. Equity markets have been red hot since January – however, our investment universe is anchored by rates of return of 0.12%-0.15%. Pertinent information included in the sales tax slides include: • Compared to other CAST communities, Estes Park’s year over year (2013 v 2012) increase for January – March is fairly pedestrian compared with some of the other mountain communities’ robust gains. Colorado as a whole appears to have had a terrific first quarter with sales tax revenues. The longer term CAST slide has Estes Park ranked 4th among 22 communities, and on quite a comparative roll. • The “Sales Tax Rate of Change” slide show that on a 12-month moving average, sales tax is now at a record level of $660,754/month ($7,929,053/year). This is on target to exceed 2013 Budget forecasts, but with only 12% of the financial year reported, we should view this data with cautious optimism. The lower maroon line, connected with the right vertical axis, shows that sales tax is currently increasing at an annual pace of nearly 5.3%. This rate has cooled somewhat recently, but as we continue on a record revenue pace, there is little room to complain. • The “Sales Tax Comparison: 2013-11” slide provides detailed information about each of the Town’s major sales tax sectors for the 1st Quarter of the past 3 years. Food and lodging (56% of the sales tax total) are up significantly over the past two years. Construction is also up 51% over the past two years, which would offer encouragement that the sales tax gains are broad-based, and reflect increased activity in many areas of the Estes Park economy. Concluding/Other thoughts When the dashboard report was constructed 8 years ago, the Community Reinvestment Fund (CRF) was a minor financial player as far as the Town Fund universe went. However, the CRF is now the most dynamic Fund in the array. Staff will be presenting regular updates on the CRF in other venues as the year progresses. Page 3 FINANCE Memo Budget: N/A Staff Recommendation: N/A Sample Motion: N/A Update:Update: Financial and Sales Tax Report(through April 2013)SldiOffiSteve McFarland –Finance Officer FINANCIALINDICATORSFINANCIAL INDICATORSTOWN OF ESTES PARK – THROUGH APR 30th, 20132013 2013 % of 2013 2013 % ofYear‐to‐Date Budget Variance Budget Year‐to‐Date Budget Variance BudgetENTERPRISE FUNDS (L&P/WATER)GENERAL FUNDFINANCIAL INDICATORSTOWN OF ESTES PARKThrough  April 30, 2013 % of year elapsed> 33% % of year elapsed> 100%REVENUESREVENUES  Taxes (sales, ptax, f fees) $939,359 $8,809,633($7,870,274)10.7%  Utility Sales $5,924,145 $16,703,529($10,779,384)35.5%  Other 549,430 1,450,686(901,256)37.9%  Fees/services 94,779 396,000(301,221)23.9%  Transfers from Enterprise 537,781 1,466,554(928,773)36.7%  Other 61,727 279,913(218,186)22.1%TOTAL REVENUES 2,026,570 11,726,873(9,700,303)17.3% 6,080,651 17,379,442(11,298,791)35.0%EXPENSESEXPENSESGeneralGovernment917 7033590817267311425 6%SourceofSupply1 367 40561726614 805 25622 2%  General Government917,7033,590,8172,673,11425.6% Source of Supply1,367,4056,172,6614,805,25622.2%  Public Safety 1,040,088 3,609,195 2,569,107 28.8%  Purification 187,571 828,669 641,098 22.6%  Public Works 358,092 1,339,935 981,843 26.7%  Distribution 896,515 3,407,200 2,510,685 26.3%  Culture‐Recreation 225,583 1,041,921 816,338 21.7%  Customer Accounts 332,608 922,397 589,789 36.1%  Interfund Transfers Out 1,187,263 3,561,789 2,374,526 33.3%  Admin/General 658,929 2,416,752 1,757,823 27.3%  Interfund Transfers Out 602,781 1,723,805 1,121,024 35.0%  Debt Service 300,961 664,672 363,711 45.3%  Capital 198,428 2,606,936 2,408,508 7.6%TOTAL EXPENSES 3,728,729 13,143,657 9,414,928 28.4% TOTAL EXPENSES 4,545,198 18,743,092 14,197,894 24.2%NET INCREASE/DECREASE($1,702,159) ($1,416,784) ($285,375)NET INCREASE/DECREASE $1,535,453($1,363,650)$2,899,103SALES TAXJan Feb Mar TotalINVESTMENTS (Fair value)Feb‐13 Mar‐13 Apr‐13  Town Funds2013 Budget 299,377 292,357 361,304 953,038 Money markets/CDs 14,763,654 15,398,926 15,709,4042013 319,168 318,684 397,706 1,035,558 U.S. Treasuries 2,849,347 2,347,973 2,349,164l2012 298,635 302,990 394,108 995,733 U.S. Instrumentalities 5,519,016 5,516,055 5,217,7612011 269,817 279,569 338,799 888,185  Total 23,132,017 23,262,954 23,276,330     FOSH/Theater Fund 458,154 458,207 458,2612013 vs 2012 6.9% 5.2% 0.9% 4.0%  2013 data thru 04/30/13:  DJIA +13.2%, S&P500 +12.0%, NASDAQ +10.2%2013 vs 2011 18.3% 14.0% 17.4% 16.6%  annual pooled govt mm rate:  04/30/13 = 0.14%; 0.12% locally. SALES TAX FACTS•Jan‐Mar 2013 complete.•25% of calendar year; ~12% of fiscal year.•4.0% ahead of Jan‐Mar 2012.•9.0% ahead of 2013 budget ($7.8m).•22 CAST communities currently reporting:•1stQskiingapparentlygreat.1Qskiingapparentlygreat.•EP still doing well! CAST COMMUNITIES40.0%50.0%2013 v 2012 24.8%25.4%30.3%21.8%26.0%20.0%30.0%3.1%11.8%8.9%6.5%4.0%10.5%7.1%0.2%3.0%2.3%11.2%13.1%8.5%12.1%10.3%4.7%8.4%00%10.0%‐5.6%‐10.0%0.0%‐15.9%‐20.0% CAST COMMUNITIES28.9%30.6%32.1%30.0%35.0%3‐yr 2013 vs 201014 5%23.7%19.1%17.3%24.4%17.1%19.0%21.4%16.8%19.1%20.0%25.0%14.5%13.1%7.2%11.5%8.2%9.0%11.3%8.0%7.2%4.7%50%10.0%15.0%2.3%‐3.7%‐5.0%0.0%5.0%‐10.0% SALES TAX RATE OF CHANGE10%15%20%$600,000 $700,000 $660,754$7,929,0532012 = $7.89M'2013B = $7.80MMarch-1312 Mo Rev.0%5%10%$300 000$400,000 $500,000 g of Ave Rev.me-15%-10%-5%$100,000 $200,000 $300,000 12 Mo % ChgIncom5.30%12 Mo. ROC =March-13-20%-15%$0 12 Mo Ave12 mo % SALES TAX COMPARISONS: 2013‐11TOWN OF ESTES PARK2013 SALES TAX CLASSIFICATION BREAKDOWN Prior Prd Prior Prd2013 2012 2013 2011 2013BRIEF TOTAL % of Jan‐Mar vs. Jan‐Mar vs.DESCRIPTION YEAR Total YEAR 2012 YEAR 2011AMUSEMENTS/RECREATION 6,805.23 1% 4,838.13 41% 5,632.05 21%AUTOMOTIVE 34,824.16 3% 27,808.61 25% 27,935.56 25%FOOD 392,582.19 38% 371,970.07 6% 346,526.91 13%RETAIL 135,418.44 13% 147,617.12‐8% 120,860.28 12%LODGING184 486 0618%178 224 964%148 575 9824%LODGING184,486.0618%178,224.964%148,575.9824%CONSTRUCTION 87,253.69 8% 78,984.73 10% 57,877.20 51%PERSONAL/PROFESSIONAL 23,738.59 2% 23,624.68 0% 18,202.32 30%UTILITIES 170,449.84 16% 162,665.37 5% 162,574.04 5%GRAND TOTAL 1,035,559.20 100% 995,733.67 4% 888,184.34 17% Community Development Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Dave Shirk, Senior Planner Date: May 28, 2013 RE: PRELIMINARY SUBDIVISION PLAT, Lot 3, Stonebridge Estates Subdivision, 1125-1195 Fish Creek Road, Seth Hanson/Applicant Background: This is a request to convert an existing condominium development into a townhouse subdivision plat. In condominium subdivisions individual unit owners own airspace and the condominium association own all the land in the development, including the land below individual units. This townhouse plat would replace airspace subdivision with land subdivision, where unit owners own the land on which the unit is located. An ‘outlot’ would be created around the individual units and would be owned and maintained by the homeowners association; this land would comprise of the driveways, post cluster box, etc. No additional development rights are requested with this application, only the aforementioned conversion. Budget: N/A Planning Commission Recommendation: On Tuesday April 16, 2013 the Estes Valley Planning Commission held a public meeting to discuss the preliminary plat of the Stone Bridge Estates Townhome Subdivision. At that time the Planning Commission found: 1. This proposal complies with applicable sections of the Estes Valley Development Code, including Section 3.9.E “Standards for Review”. 2. Per Section 10.5.K.1, the street buffer landscaping shall either be installed or guaranteed prior to recordation of plat. 3. This request has been submitted to reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. 4. Applicant proposes to address refuse disposal with the HOA declarations. If garbage is stored inside garages until the morning of trash pick-up, containers are returned to garages that same day, and garages kept closed and locked, this concept will satisfy the requirements of Section 7.8.G. 5. Per Section 3.2.D.2a, ‘when the EVPC is a reviewing body only, conditions of EVPC- recommended approval that require revisions to the submitted application, plans or drawings shall be completed by the Applicant within thirty (30) days of the EVPC’s action. A revised application shall be a condition precedent to placing the application on the Board’s agenda.’ [Note: Conditions have been met] 6. This is a Planning Commission recommendation the Town Board. The Planning Commission voted unanimously (6-0, one absent) to recommend APPROVAL of the proposed preliminary plat of the Stone Bridge Estates Townhome Subdivision CONDITIONAL TO: 1. Compliance with memos from: a) Estes Valley Fire Protection District (March 14 and 26 2013). b) Community Development Department dated February 28 2013. c) Water Department dated 3/21/13 Sample Motion: I move for the approval/denial of the proposed preliminary plat of the Stone Bridge Estates Townhome Subdivision subject to the findings and conditions recommended by the Planning Commission. Community Development Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Alison Chilcott, Director Dave Shirk, Senior Planner Date: May 28, 2013 RE: FALL RIVER 12-19 ANNEXATION – RESOLUTION #10-13 & ORDINANCE #07-13 – PUBLIC HEARING. Background: This is a request by the Harmony Foundation to annex into the Town of Estes Park. This annexation request is part of the overall Harmony Foundation Master Concept Plan, which is intended to outline the long-range development of the Harmony campus. The overall application package includes three components: (1) Development Plan; (2) Lot Consolidation Plat, and; (3) Annexation. The applicant has requested a 20-year approval of the development plan. The annexation would include the Harmony property, the northwest corner of which abuts the municipal boundary. The annexation would also include the central portion of Fish Hatchery Road. Currently, the eastern and western portions of Fish Hatchery Road are within Town, and the middle portion is in the unincorporated county. This annexation would continue the annexation of the Fall River Road area initiated with the Fall River Addition in 1973, with the latest addition being Fall River Addition Number 11 (Della Terra, 2008). The year 2000 Inter-Governmental Agreement that established the Estes Valley Development Code provides for the Town to consider annexation of properties within unincorporated Estes Park for certain development applications, including concept plans and development plans for nonresidential properties. On April 16, the Planning Commission voted to approve the development plan and to recommend approval of the lot consolidation plat to the Town of Estes Park. The annexation was presented to the Planning Commission, who found the proposed 20- year vesting period ‘will provide for the coordinated, harmonious development of the site and will best promote health, safety, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development (Section 1.3 Purpose and Intent).’ The Planning Commission included the following condition for the development plan: ‘Phases II and III shall submit development plans for staff-level review and approval prior to issuance of building permits. Such development plan review shall verify the proposed development complies with the Harmony Foundation Master Plan and applicable regulations of the Estes Valley Development Code.’ The purpose of that condition is to ensure the long-range components of the development will comply with standards that are in place at that time (such as water or sewer requirements). Budget: Additional 1/3 mile of road maintenance. Fish Hatchery Road was upgraded by Larimer County approximately 5 years ago; as-built plans have been provided to the Public Works Department. Staff Recommendation: Staff finds: 1. This request complies with Eligibility for Annexation standards set forth in C.R.S. 31-12- 104; 2. This request complies with Limitations standards set forth in C.R.S. 31-12-105; 3. An annexation election is not required under C.R.S. 31-12-107(2). 4. This request was forwarded to affected agencies for review and comment. None expressed concerns. 5. This annexation would continue the annexation of the Fall River Road area initiated with the Fall River Addition in 1973, with the latest addition being Fall River Addition Number 11 (Della Terra, 2008). 6. The year 2000 Inter-Governmental Agreement that established the Estes Valley Development Code provides for the Town to consider annexation of properties within unincorporated Estes Park for certain development applications, including concept plans and development plans for nonresidential properties. 7. Phases II and III shall submit development plans for staff-level review and approval prior to issuance of building permits. Such development plan review shall verify the proposed development complies with the Harmony Foundation Master Plan and applicable regulations of the Estes Valley Development Code. Based on these findings, Staff recommends approval of the proposed Fall River Additions 12-19. Sample Motion: I move for the approval/denial of Ordinance Number 08-13 approving the annexation of Fall River Additions 12-19. RESOLUTION NO. 10-13 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-110, C.R.S., hereby finds that with regard to the proposed annexation of the following described area, that the requirements of the applicable parts of Sections 31-12- 104 and 31-12-105, C.R.S., have been met; that an election is not required under Section 31-12-107(2), C.R.S.; and that no additional terms and conditions are to be imposed on the annexation. The area eligible for annexation known as “ FALL RIVER ADDITION 12, 13, 14, 15, 16, 17 18 AND 19 ADDITION” to the Town of Estes Park is as follows: LEGAL DESCRIPTION FOR FALL RIVER TWELFTH ANNEXATION: A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, T5N, R73W OF THE 6TH PRIME MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK, SAID POINT BEING THE POINT OF COMMENCEMENT, WITH ALL BEARINGS RELATIVE TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING SOUTH 00°37'00" WEST A DISTANCE OF 1281.04 TO A 2.5" BRASS CAPPED PIPE MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16; THENCE NORTH 00°37'00" EAST A DISTANCE OF 260.0 FEET TO A #5 REBAR WITH A 1.5" ALUMINUM CAP MARKED LS 29415 ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED IN BOOK 914 AT PAGE 213 DATED 6/26/1951, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 0°37'00" EAST 60.95 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD; THENCE SOUTH 79°18'00" EAST 172.47 FEET ALONG SAID NORTHERLY RIGHT OF WAY; THENCE SOUTH 80°20'47" WEST 172.51 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 5,172.19 SQUARE FEET (0.12 ACRES) MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. LEGAL DESCRIPTION FOR FALL RIVER THIRTEENTH ANNEXATION: A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, T5N, R73W OF THE 6TH PRIME MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK, SAID POINT BEING THE POINT OF COMMENCEMENT, WITH ALL BEARINGS RELATIVE TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING SOUTH 00°37'00" WEST A DISTANCE OF 1281.04 TO A 2.5" BRASS CAPPED PIPE MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16; THENCE NORTH 00°37'00" EAST A DISTANCE OF 260.0 FEET TO A #5 REBAR WITH A 1.5" ALUMINUM CAP MARKED LS 29415 ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED IN BOOK 914 AT PAGE 213 DATED 6/26/1951, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 80°20'47" EAST 172.51 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD; THENCE SOUTH 79°18'00" EAST 310.32 FEET ALONG SAID NORTHERLY RIGHT OF WAY; THENCE NORTH 86°32'37" WEST 475.91 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 9,309.65 SQUARE FEET (0.21 ACRES) MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. LEGAL DESCRIPTION FOR FALL RIVER FOURTEENTH ANNEXATION: A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, T5N, R73W OF THE 6TH PRIME MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK, SAID POINT BEING THE POINT OF COMMENCEMENT, WITH ALL BEARINGS RELATIVE TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING SOUTH 00°37'00" WEST A DISTANCE OF 1281.04 TO A 2.5" BRASS CAPPED PIPE MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16; THENCE NORTH 00°37'00" EAST A DISTANCE OF 260.0 FEET TO A #5 REBAR WITH A 1.5" ALUMINUM CAP MARKED LS 29415 ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED IN BOOK 914 AT PAGE 213 DATED 6/26/1951, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 86°32'37" EAST 475.91 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD; THENCE SOUTH 79°18'00" EAST 103.70 FEET ALONG SAID RIGHT OF WAY; THENCE NORTH 80°55'00" EAST 309.19 FEET ALONG SAID RIGHT OF WAY; THENCE SOUTH 79°10'47" WEST 460.25 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD; THENCE NORTH 81°02'00" WEST 273.82 FEET ALONG SAID RIGHT OF WAY; THENCE NORTH 79°18'00" WEST 576.66 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 43,139.80 SQUARE FEET (0.99 ACRES) MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. LEGAL DESCRIPTION FOR FALL RIVER FIFTEENTH ANNEXATION: A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, T5N, R73W OF THE 6TH PRIME MERIDIAN, AND A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 16, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK, SAID POINT BEING THE POINT OF COMMENCEMENT, WITH ALL BEARINGS RELATIVE TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING SOUTH 00°37'00" WEST A DISTANCE OF 1281.04 TO A 2.5" BRASS CAPPED PIPE MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16; THENCE NORTH 00°37'00" EAST A DISTANCE OF 260.0 FEET TO A #5 REBAR WITH A 1.5" ALUMINUM CAP MARKED LS 29415 ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED IN BOOK 914 AT PAGE 213 DATED 6/26/1951; THENCE SOUTH 79°18'00" EAST 576.66 FEET ALONG SAID RIGHT OF WAY; THENCE SOUTH 81°02'00" EAST 273.82 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY. SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 79°10'47" EAST 460.25 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD; THENCE NORTH 88°22'00" EAST 548.63 FEET ALONG SAID RIGHT OF WAY; THENCE SOUTH 01°35'20" EAST 60 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD; THENCE SOUTH 88°22'00" WEST 544.67 FEET ALONG SAID RIGHT OF WAY; THENCE SOUTH 80°55'00" WEST 314.81 FEET ALONG SAID RIGHT OF WAY; THENCE NORTH 81°02'07" WEST 148.63 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 53,821.41 SQUARE FEET (1.24 ACRES) MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. LEGAL DESCRIPTION FOR FALL RIVER SIXTEENTH ANNEXATION: A TRACT OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W OF THE 6TH PRIME MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK, SAID POINT BEING THE TRUE POINT OF BEGINNING, WITH ALL BEARINGS RELATIVE TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING SOUTH 00°37'00" WEST A DISTANCE OF 1281.04 TO A 2.5" BRASS CAPPED PIPE MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16; THENCE NORTH 00°37'00" EAST A DISTANCE OF 260.0 FEET TO A #5 REBAR WITH A 1.5" ALUMINUM CAP MARKED LS 29415 ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED IN BOOK 914 AT PAGE 213 DATED 6/26/1951; THENCE SOUTH 79°18'00" EAST 576.66 FEET ALONG SAID RIGHT OF WAY; THENCE SOUTH 81°02'00" EAST 273.82 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY; THENCE SOUTH 00°09'41" WEST 102.78' LEAVING SAID RIGHT OF WAY TO A #5 REBAR WITH 1.5" ALUMINUM CAP MARKED LS 29415 ON THE NORTHERLY SECTION LINE SEPARATING THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE SOUTH WEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 16; THENCE NORTH 89°29'27" EAST 457.24 FEET TO A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF SOUTHWEST 1/4 OF SOUTHEAST 1/4 OF SAID SECTION 16; THENCE SOUTH 00°58'53" WEST 10' FEET TO A POINT ON THE EASTERLY SECTION LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 16; THENCE SOUTH 89°29'27" WEST 1296.89 FEET TO A POINT ON THE EASTERN SECTION LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00°37'00" EAST 10 FEET TO THE TRUE POINT OF BEGINNING. SAID TRACT CONTAINS 162,760.27 SF (3.74 ACRES) MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. LEGAL DESCRIPTION FOR FALL RIVER SEVENTEENTH ANNEXATION: A TRACT OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, T5N, R73W OF THE 6TH PRIME MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK, SAID POINT BEING THE POINT OF COMMENCEMENT, WITH ALL BEARINGS RELATIVE TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING SOUTH 00°37'00" WEST A DISTANCE OF 1281.04 TO A 2.5" BRASS CAPPED PIPE MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16; THENCE SOUTH 00°37'00" WEST A DISTANCE OF 10 FEET TO A POINT ON THE WESTERLY SECTION LINE OF SAID SOUTHWEST 1/4, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 89°29'27" EAST 1296.89 FEET TO A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTH EAST 1/4; THENCE SOUTH 00°58'53" WEST 1283.57' FEET TO A 2.5" BRASS CAP ON A 1" PIPE MARKING THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4; THENCE NORTH 89°57'36" WEST 1288.94 FEET TO A 2.5" BRASS CAP ON A 1" PIPE MARKING THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4; THENCE N 00°37'00" EAST 1271.04 FEET TO THE TRUE POINT OF BEGINNING. SAID TRACT CONTAINS 1,651,108.80 SF (37.9 ACRES) MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. LEGAL DESCRIPTION FOR FALL RIVER EIGHTEENTH ANNEXATION: A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, T5N, R73W OF THE 6TH PRIME MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK, SAID POINT BEING THE POINT OF COMMENCEMENT, WITH ALL BEARINGS RELATIVE TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING SOUTH 00°37'00" WEST A DISTANCE OF 1281.04 TO A 2.5" BRASS CAPPED PIPE MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16; THENCE NORTH 00°37'00" EAST A DISTANCE OF 320.94 FEET ALONG SAID WESTERLY SECTION LINE TO A POINT ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED IN BOOK 914 AT PAGE 213 DATED 6/26/1951, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00°37'00" EAST 31.25 FEET ALONG SAID WESTERLY SECTION LINE TO A 1.5" ALUMINUM CAP ON A #5 REBAR MARKED LS 29415; THENCE SOUTH 85°43'00" EAST 288.43' FEET #4 REBAR WITH YELLOW PLASTIC CAP MARKED LS 26974; THENCE SOUTH 35°29'00" WEST 69.40 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD; THENCE NORTH 79°18'00" WEST 252.12 FEET TO THE TRUE POINT OF BEGINNING. SAID TRACT CONTAINS 12,440.28 SF SF (8.6 ACRES) MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. LEGAL DESCRIPTION FOR FALL RIVER NINETEENTH ANNEXATION: RIVERS EDGE CONDOMINIUMS, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 5 NORTH, RANGE 73 WEST, 6PM, LARIMER COUNTY, COLORADO, RECORDED AT RECEPTION NO. 2006-0030654 DATED 4/26/2006 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER. SAID TRACT CONTAINS 3.505 ACRES MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. DATED this day of , 2013. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ORDINANCE NO. 08-13 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS FALL RIVER ADDITION 12, 13, 14, 15, 16, 17 18 AND 19 ADDITION BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the plat of said area as required by law, was filed with the Board of Trustees on the 28th day of January , 2013 by the landowners of one hundred percent (100%) of the area and owning one hundred percent (100%) of the area, excluding public streets and alleys of the area hereinafter described. The Board, by Resolution at its regular meeting on the 23rd day of April, 2013, accepted said Petition and found and determined that the provisions of Section 31-12-107(1), C.R.S., were met; and the Board further determined that the Town Board should consider the annexation plat on Tuesday, May 28, 2013 at 7:00 p.m. in the Municipal Building for the purposes of determining that the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for annexation. Section 2. That the Notice of said hearing was given and published as provided in Section 31-12-108(2), C.R.S. Section 3. That the hearing was held pursuant to the provisions of Section 31-12- 109, C.R.S., on the 28th day of May, 2013. Section 4. That following said hearing, the Board of Trustees adopted a Resolution determining that the proposed annexation met the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S.; that an election was not required under Section 31-12-107(2), C.R.S.; and that no additional terms or conditions are to be imposed upon said annexation. Section 5. That the annexation of the following described area designated as FALL RIVER ADDITION 12, 13, 14, 15, 16, 17 18 AND 19 ADDITION to the Town of Estes Park, Colorado, is hereby approved: LEGAL DESCRIPTION FOR FALL RIVER TWELFTH ANNEXATION: A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, T5N, R73W OF THE 6TH PRIME MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK, SAID POINT BEING THE POINT OF COMMENCEMENT, WITH ALL BEARINGS RELATIVE TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING SOUTH 00°37'00" WEST A DISTANCE OF 1281.04 TO A 2.5" BRASS CAPPED PIPE MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16; THENCE NORTH 00°37'00" EAST A DISTANCE OF 260.0 FEET TO A #5 REBAR WITH A 1.5" ALUMINUM CAP MARKED LS 29415 ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED IN BOOK 914 AT PAGE 213 DATED 6/26/1951, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 0°37'00" EAST 60.95 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD; THENCE SOUTH 79°18'00" EAST 172.47 FEET ALONG SAID NORTHERLY RIGHT OF WAY; THENCE SOUTH 80°20'47" WEST 172.51 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 5,172.19 SQUARE FEET (0.12 ACRES) MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. LEGAL DESCRIPTION FOR FALL RIVER THIRTEENTH ANNEXATION: A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, T5N, R73W OF THE 6TH PRIME MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK, SAID POINT BEING THE POINT OF COMMENCEMENT, WITH ALL BEARINGS RELATIVE TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING SOUTH 00°37'00" WEST A DISTANCE OF 1281.04 TO A 2.5" BRASS CAPPED PIPE MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16; THENCE NORTH 00°37'00" EAST A DISTANCE OF 260.0 FEET TO A #5 REBAR WITH A 1.5" ALUMINUM CAP MARKED LS 29415 ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED IN BOOK 914 AT PAGE 213 DATED 6/26/1951, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 80°20'47" EAST 172.51 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD; THENCE SOUTH 79°18'00" EAST 310.32 FEET ALONG SAID NORTHERLY RIGHT OF WAY; THENCE NORTH 86°32'37" WEST 475.91 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 9,309.65 SQUARE FEET (0.21 ACRES) MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. LEGAL DESCRIPTION FOR FALL RIVER FOURTEENTH ANNEXATION: A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, T5N, R73W OF THE 6TH PRIME MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK, SAID POINT BEING THE POINT OF COMMENCEMENT, WITH ALL BEARINGS RELATIVE TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING SOUTH 00°37'00" WEST A DISTANCE OF 1281.04 TO A 2.5" BRASS CAPPED PIPE MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16; THENCE NORTH 00°37'00" EAST A DISTANCE OF 260.0 FEET TO A #5 REBAR WITH A 1.5" ALUMINUM CAP MARKED LS 29415 ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED IN BOOK 914 AT PAGE 213 DATED 6/26/1951, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 86°32'37" EAST 475.91 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD; THENCE SOUTH 79°18'00" EAST 103.70 FEET ALONG SAID RIGHT OF WAY; THENCE NORTH 80°55'00" EAST 309.19 FEET ALONG SAID RIGHT OF WAY; THENCE SOUTH 79°10'47" WEST 460.25 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD; THENCE NORTH 81°02'00" WEST 273.82 FEET ALONG SAID RIGHT OF WAY; THENCE NORTH 79°18'00" WEST 576.66 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 43,139.80 SQUARE FEET (0.99 ACRES) MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. LEGAL DESCRIPTION FOR FALL RIVER FIFTEENTH ANNEXATION: A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, T5N, R73W OF THE 6TH PRIME MERIDIAN, AND A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 16, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK, SAID POINT BEING THE POINT OF COMMENCEMENT, WITH ALL BEARINGS RELATIVE TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING SOUTH 00°37'00" WEST A DISTANCE OF 1281.04 TO A 2.5" BRASS CAPPED PIPE MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16; THENCE NORTH 00°37'00" EAST A DISTANCE OF 260.0 FEET TO A #5 REBAR WITH A 1.5" ALUMINUM CAP MARKED LS 29415 ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED IN BOOK 914 AT PAGE 213 DATED 6/26/1951; THENCE SOUTH 79°18'00" EAST 576.66 FEET ALONG SAID RIGHT OF WAY; THENCE SOUTH 81°02'00" EAST 273.82 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY. SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 79°10'47" EAST 460.25 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD; THENCE NORTH 88°22'00" EAST 548.63 FEET ALONG SAID RIGHT OF WAY; THENCE SOUTH 01°35'20" EAST 60 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD; THENCE SOUTH 88°22'00" WEST 544.67 FEET ALONG SAID RIGHT OF WAY; THENCE SOUTH 80°55'00" WEST 314.81 FEET ALONG SAID RIGHT OF WAY; THENCE NORTH 81°02'07" WEST 148.63 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 53,821.41 SQUARE FEET (1.24 ACRES) MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. LEGAL DESCRIPTION FOR FALL RIVER SIXTEENTH ANNEXATION: A TRACT OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W OF THE 6TH PRIME MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK, SAID POINT BEING THE TRUE POINT OF BEGINNING, WITH ALL BEARINGS RELATIVE TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING SOUTH 00°37'00" WEST A DISTANCE OF 1281.04 TO A 2.5" BRASS CAPPED PIPE MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16; THENCE NORTH 00°37'00" EAST A DISTANCE OF 260.0 FEET TO A #5 REBAR WITH A 1.5" ALUMINUM CAP MARKED LS 29415 ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED IN BOOK 914 AT PAGE 213 DATED 6/26/1951; THENCE SOUTH 79°18'00" EAST 576.66 FEET ALONG SAID RIGHT OF WAY; THENCE SOUTH 81°02'00" EAST 273.82 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY; THENCE SOUTH 00°09'41" WEST 102.78' LEAVING SAID RIGHT OF WAY TO A #5 REBAR WITH 1.5" ALUMINUM CAP MARKED LS 29415 ON THE NORTHERLY SECTION LINE SEPARATING THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE SOUTH WEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 16; THENCE NORTH 89°29'27" EAST 457.24 FEET TO A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF SOUTHWEST 1/4 OF SOUTHEAST 1/4 OF SAID SECTION 16; THENCE SOUTH 00°58'53" WEST 10' FEET TO A POINT ON THE EASTERLY SECTION LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 16; THENCE SOUTH 89°29'27" WEST 1296.89 FEET TO A POINT ON THE EASTERN SECTION LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 00°37'00" EAST 10 FEET TO THE TRUE POINT OF BEGINNING. SAID TRACT CONTAINS 162,760.27 SF (3.74 ACRES) MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. LEGAL DESCRIPTION FOR FALL RIVER SEVENTEENTH ANNEXATION: A TRACT OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, T5N, R73W OF THE 6TH PRIME MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK, SAID POINT BEING THE POINT OF COMMENCEMENT, WITH ALL BEARINGS RELATIVE TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING SOUTH 00°37'00" WEST A DISTANCE OF 1281.04 TO A 2.5" BRASS CAPPED PIPE MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16; THENCE SOUTH 00°37'00" WEST A DISTANCE OF 10 FEET TO A POINT ON THE WESTERLY SECTION LINE OF SAID SOUTHWEST 1/4, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 89°29'27" EAST 1296.89 FEET TO A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTH EAST 1/4; THENCE SOUTH 00°58'53" WEST 1283.57' FEET TO A 2.5" BRASS CAP ON A 1" PIPE MARKING THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4; THENCE NORTH 89°57'36" WEST 1288.94 FEET TO A 2.5" BRASS CAP ON A 1" PIPE MARKING THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4; THENCE N 00°37'00" EAST 1271.04 FEET TO THE TRUE POINT OF BEGINNING. SAID TRACT CONTAINS 1,651,108.80 SF (37.9 ACRES) MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. LEGAL DESCRIPTION FOR FALL RIVER EIGHTEENTH ANNEXATION: A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, T5N, R73W OF THE 6TH PRIME MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 2.5" BRASS CAP ON A 1" PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, T5N, R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK, SAID POINT BEING THE POINT OF COMMENCEMENT, WITH ALL BEARINGS RELATIVE TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING SOUTH 00°37'00" WEST A DISTANCE OF 1281.04 TO A 2.5" BRASS CAPPED PIPE MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16; THENCE NORTH 00°37'00" EAST A DISTANCE OF 320.94 FEET ALONG SAID WESTERLY SECTION LINE TO A POINT ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED IN BOOK 914 AT PAGE 213 DATED 6/26/1951, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00°37'00" EAST 31.25 FEET ALONG SAID WESTERLY SECTION LINE TO A 1.5" ALUMINUM CAP ON A #5 REBAR MARKED LS 29415; THENCE SOUTH 85°43'00" EAST 288.43' FEET #4 REBAR WITH YELLOW PLASTIC CAP MARKED LS 26974; THENCE SOUTH 35°29'00" WEST 69.40 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD; THENCE NORTH 79°18'00" WEST 252.12 FEET TO THE TRUE POINT OF BEGINNING. SAID TRACT CONTAINS 12,440.28 SF SF (8.6 ACRES) MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. LEGAL DESCRIPTION FOR FALL RIVER NINETEENTH ANNEXATION: RIVERS EDGE CONDOMINIUMS, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 5 NORTH, RANGE 73 WEST, 6PM, LARIMER COUNTY, COLORADO, RECORDED AT RECEPTION NO. 2006-0030654 DATED 4/26/2006 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER. SAID TRACT CONTAINS 3.505 ACRES MORE OR LESS, AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD, COUNTY OF LARIMER, STATE OF COLORADO. Section 6. The Town of Estes Park, Colorado, hereby consents, pursuant to Section 37-45-136(3.6) C.R.S., to the inclusion of lands described above into the Northern Colorado Water Conservancy District and the Municipal SubDistrict, Northern Colorado Water Conservancy District. Section 7. Development Plan DP 2013-01 ‘Harmony Foundation Master Concept Plan’ approval and property vesting shall be valid through May 28 2033. Phases II and III shall submit development plans for staff-level review and approval prior to issuance of building permits. Such development plan review shall verify the proposed development complies with the Harmony Foundation Master Plan and applicable regulations of the Estes Valley Development Code. Section 8. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2013. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 2013 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2005, all as required by the Statutes of the State of Colorado. Town Clerk Community Development Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Alison Chilcott, Director Dave Shirk, Senior Planner Date: May 28, 2013 RE: HARMONY LOT CONSOLIDATION PLAT. 1600 Fish Hatchery Road; Request to combine three parcels into one, Harmony Foundation/Applicant. Background: This is a request by the Harmony Foundation for a Lot Consolidation Plat to combine three existing unplatted parcels into one platted subdivision. Approval of this request would eliminate interior property lines, vacate/dedicate appropriate road right-of-way, dedicate utility easements, and provide a concise legal description: “Lot 1 Harmony Subdivision” instead of the existing metes/bounds descriptions. This plat request is part of the overall Harmony Foundation Master Concept Plan, which is intended to outline the long-range development of the Harmony campus. The overall application package includes three components: (1) Development Plan; (2) Lot Consolidation Plat, and; (3) Annexation. On April 16, the Planning Commission voted to approve the development plan and to recommend approval of the lot consolidation plat to the Town of Estes Park. Budget: N/A Planning Commission Recommendation: On Tuesday April 16 2013, the Estes Valley Planning Commission held a public meeting to discuss the Harmony Foundation Lot Consolidation Plat. At that time, the Planning Commission found: 1. The development plan complies with applicable standards set forth in the EVDC, as outlined in the staff report and Findings of Compliance dated April 10 2013. 2. The development plan is consistent with the policies, goals and objectives of the Comprehensive Plan. 3. Approval will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of the Estes Valley Development Code. 4. The structures are compatible in terms of building mass, scale and design with the character of the surrounding neighborhood. 5. The proposed trail provides for interconnection with planned trail systems on adjoining properties as required by §4.4.D.4 Pedestrian Amenities and Linkage Requirements. 6. The proposed 20 year vesting period will provide for the coordinated, harmonious development of the site and will best promote health, safety, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development (Section 1.3 Purpose and Intent). 7. The Planning Commission is the Decision-Making Body for the development plan, and the Recommending-Body for the subdivision; the recommendation is to the Town Board of the Town of Estes Park. 8. In accordance with Section 3.2.D.2, ‘a revised application shall be a condition precedent to placing the application on the Board’s agenda.’ The required revisions are due within thirty days of Planning Commission recommendation. The Planning Commission voted unanimously (6-0, one absent) to recommend APPROVAL of the proposed Harmony Foundation Lot Consolidation Plat CONDITIONAL TO: 1. All development shall comply with the Harmony Foundation Master Plan Fire Mitigation Plan. 2. Phases II and III shall submit development plans for staff-level review and approval prior to issuance of building permits. Such development plan review shall verify the proposed development complies with the Harmony Foundation Master Plan and applicable regulations of the Estes Valley Development Code. 3. Street signs shall be installed prior to issuance of the first building permit for Phase I, including street name, one-way, “do not enter”, and stop signs. 4. The Harmony Subdivision Plat shall be submitted for recording prior to site work, but no later than November 29 2013. The plat shall include easements for utilities to be installed with Phase I. Easement locations shall be approved by utility providers prior to recording the plat. 5. Compliance with the following memos from reviewing agencies: a. Estes Park Public Works Departments dated March 21 2013. b. Estes Valley Fire Protection District dated March 19 2013. c. Estes Park Utilities dated 1/21/2013. d. Upper Thompson Sanitation District dated March 15 2013. 6. Prior to Town Board hearing, the applicant shall meet with Town of Estes Public Works and CDOT staff to discuss traffic impact at Fall River Road/Fish Hatchery Road intersection. 7. The development plan shall be revised: a. Include a street name, subject to review and approval of the Town of Estes Park Chief Building Official. The main drive shall be titled “Circle”, and the eastern branch shall be title “Court”. b. Indicate the trail will be built with Phase One. c. The landscaping plan shall be revised to include additional buffering west of the admissions/medical and dining hall buildings. Sample Motion: I move for the approval/denial of the Harmony Foundation Lot Consolidation Plat subject to the findings and conditions recommended by the Planning Commission. Community Development Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Alison Chilcott, Community Development Director Date: May 28, 2013 RE: Harmony Foundation Fee Waiver Request Background: The Harmony Foundation is requesting waiver of $4,400 in development application fees associated with review of a plat, development plan and annexation that will facilitate redevelopment and future expansion of the Harmony facilities located at 1600 Fish Hatchery Road. Pre-Application Meeting 500 Lot Consolidation Plat 400 Development Plan 2,000 Annexation Petition 1,500 Total $4,400 The attached letter from the Harmony Foundation further describes the request. The fee waiver policy adopted by Town Board is also attached. Since this request is in excess of $3,000 Town Board is the decision-making body. Budget: General Fund Revenue: Charges for Services — Application Fees - Inside Account #: 101-1600-341.30-00 $4,400 in reduced revenue. Fees cover a portion of the Town’s expense to process the applications, including approximately $900 in legal notice fees. Recommendation On April 25th Community Development/Community Services Committee recommended this request be included as an Action Item at the May 28th Town Board meeting. Sample Motion: I move for the approval/denial of the requested fee waiver. Page 1 Community Development Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Alison Chilcott, Director Dave Shirk, Senior Planner Date: May 28, 2013 RE: DEVELOPMENT PLAN AND VESTED RIGHTS EXTENSION – WAPITI CROSSING – CONTINUATION OF PUBLIC HEARING FROM MAY 14, 2013 Background: This is a request by Lexington Lane LLC for a one-year time extension of development plan approval and vesting period. Approval would extend plan approval through May 20, 2014; disapproval would allow the plan to expire on May 20, 2013. Development Plan 07-13 was approved by the Estes Valley Planning Commission on May 20, 2008. The development plan provided for development of 42 dwelling units on a 6-acre parcel zoned “RM” Multi-Family and located at the southwest corner of South Saint Vrain Ave (Hwy 7) and Lexington Lane; site plan attached. Initial approval was valid for three years. In April 2011, the Town Board approved a two-year extension. Since initial approval, no development activity has occurred, and construction plans have not been submitted for review/approval. This request has been routed to affected agencies for review and comment, surrounding property owners have been notified by mail, and legal notice placed in the local newspaper, as required by the development code. Staff findings: 1) Section 1.3 of the Estes Valley Development Code (EVDC) outlines the purpose and intent of the development code. Among the purposes is to facilitate the economic provision of adequate public facilities such as transportation, water supply, sewage disposal, drainage and electricity. 2) The EVDC does not authorize staff to grant time extensions to vested right protections, which must be approved by the Town Board. 3) The EVDC authorizes staff to grant time one-year time extensions to development plans upon determination that there have been changes to the Estes Valley Development Code that would affect the approved development. 4) The Estes Valley Fire Protection District has been created and adopted the 2009 International Fire Code (IFC) since the last approval extension. 5) The Estes Valley Fire Protection District recommends disapproval: ‘The Wapiti Crossing Development has not been reviewed under the 2009 IFC for code compliance.’ 6) The Estes Park Public Works Department ‘does not approve this time extension request. When this development does decide to move forward, we will require a new submittal that meets current standards.’ For example, the Traffic Impact Analysis would need to be reviewed for changes in traffic since initial approval. 7) The issues raised by the Fire District and the Public Works Department may be resolved through additional review of EVDC Section 7.12 Adequate Public Facilities. Section 7.12 addresses issues such as traffic, fire protection, stormwater management, and provision of adequate water, sewer and electricity. Attachments: • Review agency/neighborhood comments • Application/Statement of Intent • Approved site plan Budget: N/A Staff Recommendation: Approval, conditional to: • A revised Development Plan #07-13 shall be reviewed by Staff and the Estes Valley Planning Commission for compliance with the Estes Valley Development Code Section 7.12 - Adequate Public Facilities prior to the approval of construction drawings and application for a building permit. Sample Motion: I move to approve the requested approval and vesting extension through May 31, 2014, subject to the findings and condition recommended by staff. PUBLIC WORKS Memo To: Town Board Mayor Pink From: Scott Zurn, PE, Public Works Director Date: May 28, 2013 RE: Construction Contract for Multi-Purpose Event Center & Stall Barn Project Background: The bid opening for the Multi-Purpose Event Center (MPEC) and the Stall Barn buildings was conducted on January 15th, 2013. Dohn Construction, Inc. was determined to be the lowest responsible bidder. On February 7th, 2013, the Town Board approved the construction of both the MPEC and the Stall Barns with alternates and financing to be determined later by staff and the Town Board. Consequently, on May 14th, 2013, the Town Board approved the financing of a proposed budget that would as a portion of the budget fund the construction of these two building projects. To clarify, this award is only for construction of the two buildings. The following table outlines the bid prices by Dohn Construction, Inc. These were presented for consideration on February 7th, 2013, at the Town Board meeting. Through discussions with the Town Board, staff has determined the Town wishes to proceed with the MPEC and Stall Barn and the alternates listed in the table below. Schedule A MPEC Schedule B Stall Barn Alternate Wood Trim Truss Accents Alternate Restroom Upgrade Interior Finishes Alternate Public Address System Total Schedule A & B and Alternates Dohn Construction, Inc. $3,629,000 $1,464,000 $33,000 $11,000 $28,500 $5,165,500 Staff has evaluated the submitted bids and makes a recommendation for award to the lowest responsible bidder, Dohn Construction, Inc. Staff has determined the contract amount for these projects should be $5,165,500.00. Adding a 10 % contingency for contract modifications, the project budget for the Dohn Construction, Inc. portion of the work is $5,682,050.00. Schedule: Pending approval from the Town Board on May 28th, 2013, a Notice to Proceed for construction will be issued with a start date of June 3rd, 2013. Construction is currently scheduled for completion on February 14th, 2014. Budget: Pending Town Board approval, a contract will be executed with Dohn Construction, Inc. for $5,165,500.00. These funds will be paid out of the Community Reinvestment Fund. Recommendation: I recommend award /denial of the Multi-Purpose Event Center and Stall Barn buildings contract to Dohn Construction, Inc., with a not-to-exceed fee of $5,682,050.00. BID FORM PROPOSED SUBCONTRACTOR FORM BIDDER’S QUALIFICATIONS Stanley Fairgrounds Site Work Section 004510 - 23 Town of Estes Park Bidder’s Qualifications BID FORM AND INSTRUCTIONS 121126 December 12, 2012 SECTION 004510 BIDDER’S QUALIFICATIONS The Undersigned certified under oath the truth and correctness of all statements and/or all answers to questions made hereinafter. Submitted to: TOWN OF ESTES PARK Submitted by: NAME Address City, State Zip Phone Principal Office Check One: ( ) Corporation ( ) Partnership ( ) Joint Venture ( ) Individual ( ) Other ______________ 1. List the five largest active construction projects your organization has under contract to date. Each project description shall contain contact information for references. Project Name Owner Phone Number Owner’s Rep. Phone Number Contract Amount Contract Dates Remaining Amount of Work 2. Provide resumes for the principal individuals who would be assigned to this project. Indicate their position in the company, their role on the project, approximate time per week on the project, experience expertise, certifications, etc. 3. Summarize the experience of the individuals in your organization who would be assigned to this project. NAME POSITION APPROX. TIME/WEEK 4. Name of bonding and insurance companies and name and address of agents: maximum bonding capacity. What portion remains of this bonding capacity at the time of submittal of the Bid? 5. What is your Worker’s Compensation Experience Modifier Rate? END OF SECTION Dohn Construction, Inc. 2642 Midpoint Drive Fort Collins, CO 80524 970-490-1855 Same as above See attached list See attached David Stolte Project Manager 25 hours/week Brian Bledsoe Field Superintendent 45 hours/week Mitch Brown Field Engineer 45 hours/week if projects are combined Bonding Company: Liberty Mutual Insurance Company, 370 East South Temple, #250, Salt Lake City, UT 84111 Agent: PFS Insurance Company, 4848 Big Thompson Parkway, Suite 200, Johnstown, CO 80534, 970-635-9400 Insurance: PFS Insurance Company, 4848 Big Thompson Parkway, Suite 200, Johnstown, CO 80534, 970-635-9400 Bonding Capacity: $35MM single project with an aggregate of $70MM Remaining Bonding Capacity: $67MM See attached Project Name/Location Owner and Contact Person ArchitectContractAmountPercentageComplete Estimated Completion DatePoudre High School Major RenovationPoudre School District Architecture Plus $6,004,215 80.14% Aug-13201 Impala Drive John LittleFort Collins, CO 80521 2445 LaPorte AvenueFort Collins, CO 80521970-482-74201409 West Elizabeth Apartments1409 Elizabeth, LLC Aller Lingle Massey Architects $2,742,600 6.94% Apr-131409 West Elizabeth Alex SchumanFort Collins, CO 80521 605 South College AvenueFort Collins, CO 80524970-219-1493Colorado State University- Equine ReproductionCSU Facilities CenterPelsue Architecture, LLC $2,717,163 49.24%Feb-13Laboratory BuildingSteve Keiss3101 Rampart Road, Building M251 Edison DriveFort Collins, CO 80521Fort Collins, CO 80523970-491-0017Rooftops on the RiverWillow Street Lofts Development, LLCMichael Silbert, Architect $2,420,880 27.20% Jun-13220 Willow Street Jon ProutyFort Collins, CO 80524 3944 JFK Parkway, Suite 12EFort Collins, CO970-226-5000Greeley Supportive Housing IIASI Greeley II, Inc. Distyle Design, P.C. $2,139,845 40.08% Jun-136616 West 10th Street Dan BillmarkGreeley, CO 80634 2550 University Avenue West, Suite 330NHUD Funded Project Saint Paul, MN 55114651-645-7271DOHN CONSTRUCTION, INC. Five Largest Active Construction Projects TitleResponsibilitiesDouglas DohnPrincipal/Quality Control ManagerInvolved throughout the duration of the project overseeing the pre-construction, construction and closeoutphases of production. Works closely with owners to assess their needs and assist with any value engineeringfor the project. Has overall responsibility for quality control. Constance DohnPrincipal/Risk ManagerResponsible for the financial health of the Company and mitigating risks. Oversees the fully-integratedaccounting and job costing systems. Handles risk assessment, accounts receivable and payables, andcoordinates job costing and field reporting. Brett BrownLEED® APField Operations ManagerMonitors, coordinates and leads Dohn Construction’s superintendents to effectively manage their projectsinsuring that quality, safety, and schedules are not compromised. Manages team of carpenters and labors tosuccessful completion of all self-performed work. Oversees Dohn’s warranty program to ensure customersatisfaction. Reviews construction documents for constructability and assists with value engineeringconcepts. Manages the overall company safety practices of field sites and coordinates job site recycling andwaste diversion. David StolteSenior Project ManagerManages all aspects of projects from start to finish including coordination of preconstruction services. Coordinates and establishes the project estimate, schedule and all contract documents. Directly responsible for budget and adjustments, cost updates, computer scheduling, submittals, change orders, RFI’s, purchase orders, progress meetings, job site visits, and correspondence with professionals and owners.Brian BledsoeProject SuperintendentOversees and coordinates all activity at the construction site. Responsible for developing and maintaining project schedule. Procures materials, supervises the subcontractors and Dohn Construction's own work forces, and assists project managers with costing and scheduling. Is directly responsible for adherence to all safety policies and procedures and has primary responsibility for quality control.Mitch BrownField EngineerAssists the superintendent in day-to-day management and coordination of projects. Responsibilities alsoinclude preparing and completing punch lists, marking as-builts and completing turnover packages.PROJECT TEAM & RESPONSIBILITIESDOHN CONSTRUCTION, INC. Douglas A. Dohn – President Principal/Quality Control Manager EMPLOYMENT Dohn Construction, Inc. – Fort Collins, Colorado September 1992 - Present – President Responsible for overall management of all construction activities and all business development. Drahota Construction Company – Fort Collins, Colorado 1984 - August 1992 – Construction Manager Responsible for all construction activities including estimating, project management, and supervising five field superintendents in the construction of custom homes, multi-family projects, and commercial projects. Columbine Construction Company – Fort Collins, Colorado 1979 - 1984 – President Responsible for managing all activities of a 15 person carpentry subcontracting firm specializing in custom homes and multi-family framing projects. Carothers Construction Company – Paeola, Kansas 1974 - 1977 – Carpenter and Field Engineer Served as carpenter and field engineer on water and sewer treatment plants in Boulder and Fort Collins, Colorado. EDUCATION Front Range Community College – Fort Collins, CO Aims Community College – Greeley, CO Miscellaneous Construction Management, Computer Applications, and Accounting classes Shaker Heights High School – Shaker Heights, OH CERTIFICATIONS & AFFILIATIONS President of the Board, Food Bank for Larimer County, 2012 Food Bank for Larimer County Volunteer of the Season, Spring 2012 Board Member Food Bank for Larimer County, 2009 - Present Committee Member Associated General Contractors of Northern Colorado Committee Member & Stakeholder UniverCity Connections, 2006-present Founding Member Northern Colorado Chapter USGBC Member CSU Everitt Real Estate Center Co-Chairman Construction Division Fort Collins Area United Way 2001-2003 Coach Fort Collins Soccer Club 1989-2005 AVAILABLITY Doug will be available on an as needed basis throughout this protect. Constance M. Dohn, CPA – Chief Financial Officer Principal/Risk Manager EMPLOYMENT Dohn Construction, Inc. – Fort Collins, Colorado December 1992 - Present – Chief Financial Officer Responsible for the overall financial health of the company including bondability, cost containment, risk management and cash projections. John B. Knezovich CPA – Fort Collins, Colorado 1982 - December 1992 – Certified Public Accountant Responsible for auditing and preparing certified financial statements for both public and private entities. Prepared tax returns for individuals, business and not-for-profit entities. Also consulted with business owners on their financial outlook. Tico’s Mexican Restaurant – Fort Collins, Colorado 1973 - 1980 – Assistant General Manager Supervised and hired a staff of 50 for a large restaurant. Assisted the general manager in the overall management of the restaurant, including ordering staffing and cash projections. EDUCATION Bachelor of Science in Business Administration Colorado State University – Fort Collins, Colorado CERTIFICATIONS & AFFILIATIONS Certified Public Accountant since 1984 Board Member of the Better Business Bureau – October 2011-Present Board Member of The Fort Collins Chamber – January 2011-Present Board of Trustees Community Foundation of Northern Colorado – June 2008-Present President Community Foundation of Northern Colorado – 2012 Leadership 2010 Council – Northern Colorado Economic Development Corporation Member Construction Financial Management Association Member of the Colorado Society of Certified Public Accountants Member Northern Colorado Chapter of the American Society of Women Accountants Member of Poudre R-1 School District’s District Advisory Board 1999-2001 Board Member of The Women’s Resource Center 1991-1997 AVAILABLITY Connie will be available on an as needed basis throughout this protect. Brett T. Brown, LEED® AP, CPC – Field Operations Manager EMPLOYMENT Dohn Construction, Inc. – Fort Collins, Colorado August 2007 - Present – Field Operations Manager Leads Dohn Construction’s superintendents, carpenters and labors to effectively manage job sites and insure quality and safety. April 2005 - August 2007 – Senior Project Manager Manage a team of project managers and administrative staff in the successful completion of multiple projects; work with the construction manager to coordinate resource allocations. May 1998 - March 2005 – Project Manager Manage all aspects of project, pay applications, schedule of values, scheduling, cost management, change orders, coordination of complete estimate, takeoffs, coordination between field, architect and owner. May 1996 - May 1998 – Assistant Project Manager Responsible for estimating, buy-out, and billings of multiple commercial projects. Worked with superintendents to ensure completion of projects on time and budget. October 1994 - May 1996 – Assistant Superintendent & Field Engineer Supervised crews of employees during all phases of demolition and construction. Aid superintendents in scheduling, materials procurement and labor management. EDUCATION/CERTIFICATIONS Bachelor of Science in Construction Management – 1998 Colorado State University – Fort Collins, Colorado LEED® Accredited Professional Certified Professional Contractor, American Institute of Contractors, 2007 Colorado State University, Construction Management Professional Advisory & Development Board American Concrete Institution – Tilt Up Concrete Technician, 2001 General Building Contractor ICC (A) - 2003 IBC Healthcare Contractor’s Certificate – American Society for Healthcare Engineering (ASHE), 2009 Infection Control (IC) Program – American Society for Healthcare Engineering (ASHE), 2010 City of Fort Collins Approved Fenestration Installer EPA 16-Hour Asbestos O&M Training, 2009 EPA Certified Renovator in Lead Safety CDOT Storm Water Management and Erosion Control Supervisor, 2007 CPR & First Aid Microsoft Project – Basic & Advanced Scheduling AVAILABLITY Brett will be available on an as needed basis throughout this protect. D. Stolte -1 David S. Stolte – Senior Project Manager EMPLOYMENT Dohn Construction, Inc. – Fort Collins, Colorado March 2002 - Present – Senior Project Manager Manages a team of project managers and administrative staff in the successful completion of multiple projects. Involved from schematic estimates through construction covering all aspects of the project. Sinnett Builders – Fort Collins, Colorado March 1986 - February 2002 – Vice President & Project Manager Served as Project Manager and was responsible for construction phase scheduling, cost estimating and budgeting, construction contract administration, and overall implementation. Carey Masonry – Fort Collins, Colorado April 1984 - March 1986 – Project Manager & Estimator Managed the estimating and bidding of all commercial masonry projects. Responsibilities included monthly pay applications, material purchases, unit job cost reports and material submittals. Designed a computer spread sheet for bidding purposes and unit job cost reports. Jasken, Inc. - Fort Collins, Colorado May 1981 - April 1984 – Estimator Estimating and bidding of commercial masonry projects. Responsibilities included monthly payment applications, material purchases, and material submittals. EDUCATION/CERTIFICATES Graduate of Architectural Drafting and Estimating Program – 1981 Dunwoody College of Technology, Minneapolis, Minnesota OSHA 10-Hour Stormwater Management & Erosion Control Basic First Aid & CPR Microsoft Project – Basic & Advanced Scheduling On-Screen Take-Off REPRESENTATIVE PROJECTS Larimer County Sheriff’s Department Expansion - LEED® NC, Gold $14,590,367 Fort Collins, CO CSU-Rockwell Hall Addition - LEED® NC, Gold $13,694,576 Fort Collins, CO D. Stolte -2 Bethke Elementary School – LEED® for Schools, Gold $ 9,988,718 Timnath, CO St. Mary’s Catholic School K-8 $ 9,730,185 Cheyenne, WY Eckerd Drug Store (Multiple Stores) $ 8,148,121 Fort Collins, Windsor, and Evans, CO Poudre High School Major Renovation $ 6,004,215 Fort Collins, CO Johnson’s Corner Expansion $ 5,022,426 Loveland, CO Loveland Library Expansion & Remodel – LEED® NC, Gold $ 4,912,395 Loveland, CO Fort Collins Coloradoan Office Building $ 4,829,181 Fort Collins, CO Rocky Mountain Innovation Initiative – LEED® NC, Platinum $ 4,573,355 Fort Collins, CO CSU-Braiden Hall Fire Suppression, Renovation & Addition $ 4,423,534 Fort Collins, CO St. John’s Catholic School Gym & Playground Addition & Remodel $ 3,642,475 Loveland, CO Lesher Junior High School Remodel & Addition $ 3,466,611 Fort Collins, CO Afflerbach Elementary School $ 3,076,881 Cheyenne, WY 1409 West Elizabeth Apartments $ 2,742,600 Fort Collins, CO New Vision Charter School $ 2,643,523 Loveland, CO AVAILABLITY David will be available uninterrupted through completion of the project and will spend approximately 25 hours/week on this project. B. Bledsoe - 1 Brian Bledsoe – Project Superintendent EMPLOYMENT Dohn Construction, Inc. – Fort Collins, Colorado March 2005 - Present – Project Superintendent Oversees and coordinates all activity at the construction site. Procures materials, supervises the subcontractors and Dohn Construction's own work forces, and assists project managers with costing and scheduling. Is directly responsible for adherence to all safety policies and procedures and has primary responsibility for quality control. Hall-Irwin Corporation – Milliken, Colorado 2000 - 2005 – Project Superintendent Coordinated activity at the construction site. Procured materials, supervise subcontractors and skilled labor, and scheduled jobs. Hensel Phelps Construction Company – Greeley, Colorado 1989 - 2000 – Carpenter Forman Coordinated activity at the construction site. Procured materials, supervise skilled labor, and job scheduling. EDUCATION/CERTIFICATES Journeyman Carpenter Stormwater Management & Erosion Control Microsoft Project – Basic Scheduling Basic First Aid and CPR OSHA 10-Hour OSHA Competent Person Hazard Communication Fall Protection/Ladders/Scaffolding Rigging Electrical Safety and Lockout/Tagout Materials Handling & Housekeeping Trenching & Excavations Fire Protection & Stormwater Protection REPRESENTATIVE PROJECTS Larimer County Sheriff’s Department Expansion - LEED® NC, Gold $14,590,367 Fort Collins, CO CSU-Rockwell Hall Addition - LEED® NC, Gold $13,694,576 Fort Collins, CO Rocky Mountain Innovation Initiative – LEED® NC, Platinum $ 4,573,355 Fort Collins, CO New Vision Charter School $ 2,643,523 Loveland, CO Loveland Market Place Building M & Fitness 19 $ 2,517,565 Loveland, CO B. Bledsoe - 2 Rooftop Lofts on the River $ 2,420,880 Fort Collins, CO Redtail Office Park Site Development $ 2,333,490 Fort Collins, CO Seven Generations Office Park-LEED® CS, Platinum $ 2,236,612 Fort Collins, CO Technigraphics Remodel $ 1,795,996 Fort Collins, CO Miramont Lifestyle Fitness – Central Location $ 1,617,943 Fort Collins, CO North College Marketplace, Building #9 and Sitework $1,445,704 Fort Collins, CO Highland Meadows Golf Club Clubhouse & Pool $ 1,385,744 Windsor, CO Eye Center of Northern Colorado at Skypond $ 796,516 Loveland, CO Private Escapes Tenant Finish $ 686,756 Fort Collins, CO Big Grins Dental – LEED® CI, Gold $ 435,499 Fort Collins, CO Morgan Stanley Tenant Improvements $ 457,867 Loveland, CO Poudre High School Tennis Courts Re-Construction $ 306,155 Fort Collins, CO St. John’s Catholic School Playground $ 59,541 Loveland, CO Pine Street Elevator Addition $ 48,613 Fort Collins, CO AVAILABLITY: Brian will be available uninterrupted through completion of the project and will spend approximately 45 hours/week on this project. M. Brown - 1 Mitch Brown – Field Engineer / Punch List Coordinator EMPLOYMENT Dohn Construction, Inc. – Fort Collins, Colorado May 2011 - Present – Project Engineer Works directly with the project manager and superintendent processing as-builts and punch lists. Responsibilities also include processing change orders, RFIs and completing turnover packages. June 2010 - August 2010 – Intern Supervised crews of employees during all phases of demolition and construction. Aided superintendent in scheduling, materials procurement and labor management. Gained experience in LEED construction. May 2009 - June 2010 and August 2010 - May 2011 – General Laborer Worked on site during all phases of demolition and construction. Gained knowledge in layout, site logistics, plan reading, and rough carpentry. Price Mine Service – Cortez, CO June 2008 - August 2008 –Intern Assisted mine engineer during the construction of a new coal mine and the demolition of an existing coal mine. Gained experience in quantity take-offs, plan reading and the operation of a variety of equipment and machinery. Also conducted coal sample tests. EDUCATION/CERTIFICATIONS Bachelor of Science in Construction Management, May 2011 Colorado State University, Fort Collins, Colorado OSHA 10-Hour Basic First Aid & CPR Stormwater Management & Erosion Control MSHA Training – coal, surface, underground, metal, non-metal and mine construction training REPRESENTATIVE PROJECTS Larimer County Sheriff’s Department Expansion - LEED® NC, Gold $14,383,735 Fort Collins, CO Poudre Valley Medical Fitness - LEED® CS, Silver $ 9,871,787 Windsor, CO Loveland Library Expansion & Remodel – LEED® NC, Gold $ 4,912,395 Loveland, CO AVAILABLITY: Mitch will be available uninterrupted through completion of the project and will spend approximately 45 hours/week on this project if they are combined. SAFETY At Dohn Construction, Inc. (DCI), we believe it is our duty to provide our employees and subcontractors with a safe work environment. This is accomplished by eliminating as many hazards from the work place as possible and by educating both employees and subcontractors on safety. Management believes that safety is a culture that needs to permeated the entire organization and be nurtured. All employees receive an orientation, including a handbook, of our safety rules and policies upon employment. Employees are responsible for working safely and productively. This includes being aware of job hazards, following safety standards and using issued personal protective equipment. Subcontractors are required to adhere to DCI’s safety policies while on our jobsites. Subcontractors are issued a Subcontractor Safety Handbook and they attend weekly safety training provided on our jobsites. In addition, DCI recognizes that a successful safety and health program must have total employee and subcontractor support. We encourage anyone on our jobsites to notify the job superintendent of any unsafe conditions or practices. The safety program has management’s highest priority, support, and participation. Superintendents are in charge of daily safety on their jobs, as well as conducting safety training on the jobsite (Toolbox Talks). In addition to the superintendent’s daily inspections, a safety consultant performs monthly inspections of the jobsites. These consultants are available at all times for inspections or to answer any questions that may arise. The emphasis place on safety has had positive results. Dohn Construction is pleased to report that we have had only two reportable OHSA violations (both classified as “Other”) in the past 10 years. Our safety record for the last ten years has been excellent. Only minor injuries have occurred, affording us a cost containment certificate and excellent experience modification rates. 2012 2011 2010 2009 2008 2007 Workers Compensation EMR .98 .82 .78 .71 .75 .74 MANDATORY SAFETY TRAINING Below are the safety training programs that Dohn Construction makes mandatory for all of the field employees.  All project mangers and superintendents receive 10 Hour OSHA training from Overland Safety in first year of hire.  All superintendents receive Competent Person Training from Overland Safety upon hire for the following: o Trenching & Excavations o Fall Protection o Hazardous Communication o Scaffolding o Personal Protective Equipment o Electrical / Lock Out Tag Out  All superintendents receive an annual refresher course from Overland Safety for the following: o Safety Program Orientation o Fork Lift & Material Handling o Hazardous Communication o Trenching & Excavations o Fall Protection o Scaffolding o Electrical Safety o Job Hazard Analysis o Personal Protective Equipment o Driver Safety o Emergency Action Plans & Accident Investigation o Electrical / Lock Out Tag Out  All field employees receive CPR & First Aid Certification in the first year of employment and re- certification every two years.  Annually select superintendents attend “Recognizing Drug and Alcohol Use on the Job Site”  Select superintendents and field employees are EPA Certified Renovators in Lead Safety  Select superintendents and field employees have completed Asbestos Awareness and Operations and Maintenance Training which meets EPA-AHERA and OHSA standards  Field Operations Managers holds a Healthcare Contractor’s Certificate – American Society for Healthcare Engineering (ASHE), 2009 BID BOND PROPOSED PROJECT SCHEDULE IDTask NameDurationNumber ofCrewsStartFinishPredecessors12Preconstruction66 daysTue 1/15/13Tue 4/16/133Bid Opening1 dayTue 1/15/13Tue 1/15/134Execute Contract10 daysWed 1/16/13Tue 1/29/1335Finalize Metal Building Vendor5 daysWed 1/16/13Tue 1/22/1336Complete Foundation Design & Review12 daysFri 3/1/13Mon 3/18/13147City Permit Review 4 wksTue 3/19/13Mon 4/15/1368Receive Full Building Permit1 dayTue 4/16/13Tue 4/16/137910Submittals & Long Lead Items86 daysWed 1/30/13Thu 5/30/1311Metal Building86 daysWed 1/30/13Thu 5/30/1312Issue PO for Building1 dayWed 1/30/13Wed 1/30/135,413Prepare Shop Drawings 20 daysThu 1/31/13Wed 2/27/131214Receive Shop Drawings & Preliminary Reactions1 dayThu 2/28/13Thu 2/28/131315Review Shop Drawings & Preliminary Reactions10 daysThu 2/28/13Wed 3/13/131316Fabricate 10 wksThu 3/14/13Wed 5/22/131517Receive Final Metal Building Reactions & Anchor Bolt Plan1 dayThu 4/11/13Thu 4/11/1315FS+20 days18Deliver 5 daysThu 5/23/13Thu 5/30/13161920Structural Steel65 daysWed 1/30/13Tue 4/30/1321Execute Sub Contract5 daysWed 1/30/13Tue 2/5/13422Prepare Shop Drawings 20 daysWed 2/6/13Tue 3/5/132123Review Shop Drawings 15 daysWed 3/6/13Tue 3/26/132224Fabricate 4 wksWed 3/27/13Tue 4/23/132325Deliver 5 daysWed 4/24/13Tue 4/30/13242627Construction165 daysTue 4/16/13Tue 12/10/1328Mobilize On Site1 day1Tue 4/16/13Tue 4/16/133FS+90 edays29Site Fencing3 days1Wed 4/17/13Fri 4/19/132830Survey / Stake Foundation1 day1Wed 4/17/13Wed 4/17/13283132Construction Grid Line 1 - 8147 days1Thu 4/18/13Thu 11/14/1333Foundation Excavation2 days1Thu 4/18/13Fri 4/19/133034Open Hole Inspections1 day1Fri 4/19/13Fri 4/19/1333FF35 Form & Reinforce Footings and Pads2 days1Mon 4/22/13Tue 4/23/133436Reinforcement Inspections1 day1Wed 4/24/13Wed 4/24/133537Pour Footings & Pads1 day1Thu 4/25/13Thu 4/25/133638Form & Reinforce Walls & Pilasters4 days1Fri 4/26/13Wed 5/1/133739UFER, Block Outs. Anchor Bolts4 days1Fri 4/26/13Wed 5/1/13371/61/131/201/272/32/102/172/243/33/103/173/243/314/74/144/214/285/55/125/195/266/26/96/166/236/307/77/147/217/288/48/118/188/259/19/89/159/229/2910/60/10/20/211/31/11/11/212/112/82/1uaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberTaskCritical TaskProgressMilestoneSummaryRolled Up TaskRolled Up Critical TaskRolled Up MilestoneRolled Up ProgressSplitExternal TasksProject SummaryGroup By SummaryDeadlineNew Multi Purpose Event CenterDohn Construction, Inc.Page 1Original Schedule Date: 01/07/2013Revision Date: XX/XX/XXRevision Number: XXProject: SPFG Stall BarnDate: Tue 1/15/13 EXHIBIT C IDTask NameDurationNumber ofCrewsStartFinishPredecessors40Inspections1 day1Thu 5/2/13Thu 5/2/1339,3841Pour Walls1 day1Fri 5/3/13Fri 5/3/134042Strip Walls1 day1Mon 5/6/13Mon 5/6/134143Damp Proofing1 day1Tue 5/7/13Tue 5/7/134244Foundation Insulation1 day1Wed 5/8/13Wed 5/8/134345Backfill Foundation3 days1Thu 5/9/13Mon 5/13/134446Underground Plumbing4 days1Thu 5/9/13Tue 5/14/134447Bring in Domestic & Fire Line Stubs3 days1Tue 5/14/13Thu 5/16/134548Inspect & Backfill UG Plumbing4 days1Wed 5/15/13Mon 5/20/134649Install 6" CDOT Class Slab Sub Grade3 days1Tue 5/21/13Thu 5/23/134850Fine Grade Slab & Test2 days1Fri 5/24/13Tue 5/28/134951Install Vapor Barrier1 day1Wed 5/29/13Wed 5/29/135052Prep & Pour Slab On Grade5 days2Thu 5/30/13Wed 6/5/135153Slab Flatness Inspections1 day Wed 6/5/13Wed 6/5/1352FF54Metal Building Erection Skeleton35 days2Thu 6/6/13Fri 7/26/1318,45,5255CMU40 days2Thu 6/13/13Fri 8/9/1354SS+5 days56Roof Insulation Banding35 days1Thu 6/20/13Fri 8/9/1354SS+10 days57Insulate and Install Roofing35 days1Thu 6/27/13Fri 8/16/1356SS+5 days58Metal Building Skin35 days1Mon 7/15/13Fri 8/30/1357SS+10 days59MEP Roughs @ Restrooms5 days1Mon 8/5/13Fri 8/9/1355FF60Paint CMU5 days1Mon 8/19/13Fri 8/23/1355,5761Frame & Drywall Ceilings @ Restrooms10 days1Mon 8/26/13Mon 9/9/1357,6062Install Overhead Doors5 days1Mon 8/26/13Fri 8/30/136063Set Windows/ Exterior Door Frames5 days1Tue 9/3/13Mon 9/9/135864Detail Metal Building10 days1Tue 9/3/13Mon 9/16/135865Install Cat Walk Framing & Grates6 days1Tue 9/3/13Tue 9/10/135866Exterior Metal Framing5 days1Tue 9/3/13Mon 9/9/135867Kitchen Flooring / Sealer5 daysTue 9/10/13Mon 9/16/136368Restroom Finishes15 days1Tue 9/10/13Mon 9/30/136169Exterior Wall Penetrations & Roughs15 days1Tue 9/10/13Mon 9/30/136670Install Exterior Plywood & Rough Carpentry5 days1Tue 9/10/13Mon 9/16/136671Exterior Masonry20 days1Wed 9/11/13Tue 10/8/1370SS+1 day,5872Install FRP3 days1Tue 9/17/13Thu 9/19/136773All Weld & Bolt Inspection1 day Tue 9/17/13Tue 9/17/1364,6574Exterior Log & Wood Details20 days1Tue 9/17/13Mon 10/14/137075Paint15 days1Wed 9/18/13Tue 10/8/137376Install HVAC Systems15 days1Wed 9/18/13Tue 10/8/137377Install Lighting & Electrical Rough In's15 days1Wed 9/18/13Tue 10/8/137378Fire Sprinkler Install15 days1Wed 9/18/13Tue 10/8/13731/61/131/201/272/32/102/172/243/33/103/173/243/314/74/144/214/285/55/125/195/266/26/96/166/236/307/77/147/217/288/48/118/188/259/19/89/159/229/2910/60/10/20/211/31/11/11/212/112/82/1uaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberTaskCritical TaskProgressMilestoneSummaryRolled Up TaskRolled Up Critical TaskRolled Up MilestoneRolled Up ProgressSplitExternal TasksProject SummaryGroup By SummaryDeadlineNew Multi Purpose Event CenterDohn Construction, Inc.Page 2Original Schedule Date: 01/07/2013Revision Date: XX/XX/XXRevision Number: XXProject: SPFG Stall BarnDate: Tue 1/15/13 EXHIBIT C IDTask NameDurationNumber ofCrewsStartFinishPredecessors79Install Kitchen Equipment5 days1Fri 9/20/13Thu 9/26/137280Pour Aprons & Site Connections10 days1Wed 9/25/13Tue 10/8/1371SS+10 days81Rough Inspection Exterior Walls1 day Tue 10/1/13Tue 10/1/136982Insulate Exterior Walls7 days1Wed 10/2/13Thu 10/10/138183Trim Mechanical Systems5 days1Fri 10/11/13Thu 10/17/1385SS84Trim Electrical & Set Light Fixtures5 days1Fri 10/11/13Thu 10/17/1385SS85Touch Up Painting5 days1Fri 10/11/13Thu 10/17/1376,77,78,75,8286Install Misc. Accessories20 days1Fri 10/11/13Thu 11/7/138287Final Clean5 days1Fri 11/8/13Thu 11/14/1385,83,84,868889Construction Grid Line 8-12138 daysThu 4/18/13Fri 11/1/1390Foundation Excavation3 days1Thu 4/18/13Mon 4/22/133091Open Hole Inspections1 day1Mon 4/22/13Mon 4/22/1390FF92 Form & Reinforce Footings and Pads4 days1Tue 5/7/13Fri 5/10/1391,4293Reinforcement Inspections1 day1Mon 5/13/13Mon 5/13/139294Pour Footings & Pads1 day1Tue 5/14/13Tue 5/14/139395Form & Reinforce Walls & Pilasters5 days1Wed 5/15/13Tue 5/21/139496UFER, Block Outs. Anchor Bolts5 days1Wed 5/15/13Tue 5/21/139497Inspections1 dayWed 5/22/13Wed 5/22/1395,9698Pour Walls2 days1Thu 5/23/13Fri 5/24/139799Strip Walls1 day1Tue 5/28/13Tue 5/28/1398100Damp Proofing1 day1Wed 5/29/13Wed 5/29/1399101Backfill Foundation3 days1Thu 5/30/13Mon 6/3/13100102Excavate Interior Ramps5 days1Tue 6/4/13Mon 6/10/13101103Underground Plumbing5 days1Tue 6/4/13Mon 6/10/13101104Install Below Grade CMU4 days1Tue 6/4/13Fri 6/7/13101105Pour Interior Ramps5 days1Thu 6/6/13Wed 6/12/13102SS+2 days106Backfill Interior Ramps5 days1Mon 6/10/13Fri 6/14/13105SS+2 days107Inspect & Backfill3 days1Tue 6/11/13Thu 6/13/13103108Fine Grade Slab & Test2 days1Fri 6/14/13Mon 6/17/13107,104109Install Vapor Barrier1 day1Tue 6/18/13Tue 6/18/13108110Interior Slab Pour2 days1Wed 6/19/13Thu 6/20/13109111Structural Steel20 days1Fri 6/21/13Mon 7/22/13110,25112CMU15 days1Fri 6/21/13Mon 7/15/13110113MEP Penetrations in Slab on Deck5 days1Tue 7/9/13Mon 7/15/13111SS+10 days114Pour Slab On Deck3 days1Tue 7/16/13Thu 7/18/13113115Exterior Metal Framing & Sheeting10 days1Tue 7/23/13Mon 8/5/13111116Roofing & Roof Blocking10 days1Tue 7/23/13Mon 8/5/13111117Metal Building Skin15 days1Tue 8/6/13Mon 8/26/131151/61/131/201/272/32/102/172/243/33/103/173/243/314/74/144/214/285/55/125/195/266/26/96/166/236/307/77/147/217/288/48/118/188/259/19/89/159/229/2910/60/10/20/211/31/11/11/212/112/82/1uaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberTaskCritical TaskProgressMilestoneSummaryRolled Up TaskRolled Up Critical TaskRolled Up MilestoneRolled Up ProgressSplitExternal TasksProject SummaryGroup By SummaryDeadlineNew Multi Purpose Event CenterDohn Construction, Inc.Page 3Original Schedule Date: 01/07/2013Revision Date: XX/XX/XXRevision Number: XXProject: SPFG Stall BarnDate: Tue 1/15/13 EXHIBIT C IDTask NameDurationNumber ofCrewsStartFinishPredecessors118Install Exterior Plywood & Rough Carpentry5 days1Tue 8/6/13Mon 8/12/13115119Stucco5 days1Tue 8/6/13Mon 8/12/13115120Interior Framing15 days1Tue 8/6/13Mon 8/26/13115121Electrical Rough In15 days1Tue 8/13/13Tue 9/3/13120SS+5 days122Mechanical Rough In15 days1Tue 8/13/13Tue 9/3/13120SS+5 days123Fire Sprinkler Rough In10 days1Tue 8/13/13Mon 8/26/13120SS+5 days124Plumbing top Out15 days1Tue 8/13/13Tue 9/3/13120SS+5 days125Exterior Masonry20 days1Tue 8/13/13Tue 9/10/13119126Set Windows/ Exterior Door Frames5 days1Tue 8/27/13Tue 9/3/13117127Rough Inspections1 dayWed 9/4/13Wed 9/4/13121,122,124128Insulate Exterior Walls4 days1Thu 9/5/13Tue 9/10/13127129Exterior Log & Wood Details20 days1Wed 9/11/13Tue 10/8/13125130Drywall 10 days1Wed 9/11/13Tue 9/24/13127,126,128131Install Railings & Metal Work10 days1Wed 9/11/13Tue 9/24/13130FF132Paint5 days1Wed 9/25/13Tue 10/1/13130133Restroom Wall & Floor Tile10 days1Wed 10/2/13Tue 10/15/13132134Acoustical Ceiling Grid5 days1Wed 10/2/13Tue 10/8/13132135Case Work & Finish Carpentry10 days1Wed 10/2/13Tue 10/15/13132136Trim Mechanical Systems5 days1Wed 10/2/13Tue 10/8/13132137Trim Electrical & Set Light Fixtures5 days1Wed 10/2/13Tue 10/8/13132138MEP In Grid5 days1Wed 10/9/13Tue 10/15/13134139Above Ceiling Inspection1 dayWed 10/16/13Wed 10/16/13138140Drop Ceiling Tiles3 days1Thu 10/17/13Mon 10/21/13139141Doors & Hardware7 days1Tue 10/22/13Wed 10/30/13140142Flooring7 days1Tue 10/22/13Wed 10/30/13140143Install Misc. Accessories5 days1Tue 10/22/13Mon 10/28/13140144Final Clean2 days1Thu 10/31/13Fri 11/1/13141,142,143145146Project Closeout25 daysMon 11/4/13Tue 12/10/13147Final Inspections5 daysMon 11/4/13Fri 11/8/1383,84,68,144148Pre Punch List5 days1Fri 11/15/13Thu 11/21/1385,83,84,80,87,144149OAC Punch List5 daysFri 11/22/13Mon 12/2/13148150Expected Weather Delays5 daysTue 12/3/13Mon 12/9/13149151Project Close Out1 dayTue 12/10/13Tue 12/10/13150,1471/61/131/201/272/32/102/172/243/33/103/173/243/314/74/144/214/285/55/125/195/266/26/96/166/236/307/77/147/217/288/48/118/188/259/19/89/159/229/2910/60/10/20/211/31/11/11/212/112/82/1uaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberTaskCritical TaskProgressMilestoneSummaryRolled Up TaskRolled Up Critical TaskRolled Up MilestoneRolled Up ProgressSplitExternal TasksProject SummaryGroup By SummaryDeadlineNew Multi Purpose Event CenterDohn Construction, Inc.Page 4Original Schedule Date: 01/07/2013Revision Date: XX/XX/XXRevision Number: XXProject: SPFG Stall BarnDate: Tue 1/15/13 EXHIBIT C IDTask NameDurationNumber ofCrewsStartFinish12Preconstruction65 daysTue 1/15/13Mon 4/15/133Bid Opening1 dayTue 1/15/13Tue 1/15/134Execute Contract10 daysWed 1/16/13Tue 1/29/135Finalize Metal Building Vendor5 daysWed 1/16/13Tue 1/22/136Complete Foundation Design & Review8 daysWed 3/6/13Fri 3/15/137City Permit Review 4 wksMon 3/18/13Fri 4/12/138Receive Full Building Permit1 dayMon 4/15/13Mon 4/15/13910Submittals & Long Lead Items81 daysWed 1/30/13Wed 5/22/1311Metal Building81 daysWed 1/30/13Wed 5/22/1312Issue PO for Building5 daysWed 1/30/13Tue 2/5/1313Prepare Shop Drawings & Preliminary Reactions20 daysWed 2/6/13Tue 3/5/1314Review Shop Drawings 10 daysWed 3/6/13Tue 3/19/1315Fabricate 9 wksWed 3/20/13Tue 5/21/1316Receive Metal Building Final Reactions & Anchor Bolt Plan1 dayWed 4/17/13Wed 4/17/1317Deliver 1 dayWed 5/22/13Wed 5/22/131819Construction121 daysTue 4/16/13Mon 10/7/1320Mobilize On Site1 day1Tue 4/16/13Tue 4/16/1321Site Fencing3 days1Wed 4/17/13Fri 4/19/1322Survey / Stake Foundation1 day1Wed 4/17/13Wed 4/17/1323Foundation Excavation2 days1Thu 4/18/13Fri 4/19/1324Open Hole Inspections1 day1Fri 4/19/13Fri 4/19/1325 Form & Reinforce Footings and Pads3 days1Mon 4/22/13Wed 4/24/1326Reinforcement Inspections1 day Thu 4/25/13Thu 4/25/1327Pour Footings & Pads1 day1Fri 4/26/13Fri 4/26/1328Form & Reinforce Walls & Pilasters4 days1Mon 4/29/13Thu 5/2/1329UFER, Block Outs & Anchor Bolts4 days1Mon 4/29/13Thu 5/2/1330Inspections1 day Fri 5/3/13Fri 5/3/131/61/131/201/272/32/102/172/243/33/103/173/243/314/74/144/214/285/55/125/195/266/26/96/166/236/307/77/147/217/288/48/118/188/259/19/89/159/229/2910/60/1uaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberTaskCritical TaskProgressMilestoneSummaryRolled Up TaskRolled Up Critical TaskRolled Up MilestoneRolled Up ProgressSplitExternal TasksProject SummaryGroup By SummaryDeadlineStanley Fairgrounds Stall Barn Dohn Construction, Inc.Page 1Original Schedule Date: 01/07/2013Revision Date: XX/XX/XXRevision Number: XXProject: SPFG Stall BarnDate: Tue 1/15/13 EXHIBIT C IDTask NameDurationNumber ofCrewsStartFinish31Pour Walls1 day1Mon 5/6/13Mon 5/6/1332Strip Walls1 day1Tue 5/7/13Tue 5/7/1333Damp Proofing1 day1Wed 5/8/13Wed 5/8/1334Foundation Insulation1 day1Wed 5/8/13Wed 5/8/1335Backfill Foundation3 days1Thu 5/9/13Mon 5/13/1336Install 6" CDOT Class Slab Sub Grade Grid Lines B to J3 days1Tue 5/14/13Thu 5/16/1337Underground Plumbing7 days1Tue 5/14/13Wed 5/22/1338Fine Grade Slab & Test3 days1Fri 5/17/13Tue 5/21/1339Install Vapor Barrier Grid Lines B to J1 day1Wed 5/22/13Wed 5/22/1340Interior Slab Pour Grid Lines B to J3 days2Thu 5/23/13Tue 5/28/1341Inspect & Backfill UG Plumbing4 days1Thu 5/23/13Wed 5/29/1342Slab Flatness Inspections1 day Tue 5/28/13Tue 5/28/1343Metal Building Erection Skeleton25 days2Wed 5/29/13Tue 7/2/1344Prep & Pour Restroom Slab On Grade5 days1Thu 5/30/13Wed 6/5/1345Roof Insulation Banding25 days1Wed 6/12/13Thu 7/18/1346Insulate and Install Roofing25 days1Wed 6/19/13Thu 7/25/1347Metal Building Skin25 days1Wed 6/26/13Thu 8/1/1348Bring in Domestic, Sewer & Fire Line Stubs3 days1Wed 7/3/13Tue 7/9/1349Exterior Metal Framing10 days1Wed 7/3/13Thu 7/18/1350Install Exterior Plywood & Rough Carpentry5 days1Fri 7/19/13Thu 7/25/1351Exterior Wall Penetrations & Roughs10 days1Fri 7/26/13Thu 8/8/1352Exterior Masonry Veneer15 days1Fri 7/26/13Thu 8/15/1353Interior Framing @ Restrooms3 days1Fri 8/2/13Tue 8/6/1354Set Windows/ Exterior Door Frames5 days1Fri 8/2/13Thu 8/8/1355Detail Metal Building5 days1Fri 8/2/13Thu 8/8/1356Exterior Log & Wood Details10 days1Fri 8/2/13Thu 8/15/1357MEP Roughs @ Restrooms & Lobby5 days1Wed 8/7/13Tue 8/13/1358Rough Inspection Exterior Walls1 day1Fri 8/9/13Fri 8/9/1359All Weld & Bolt Inspection1 day Fri 8/9/13Fri 8/9/1360Insulate Exterior Walls7 days1Mon 8/12/13Tue 8/20/131/61/131/201/272/32/102/172/243/33/103/173/243/314/74/144/214/285/55/125/195/266/26/96/166/236/307/77/147/217/288/48/118/188/259/19/89/159/229/2910/60/1uaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberTaskCritical TaskProgressMilestoneSummaryRolled Up TaskRolled Up Critical TaskRolled Up MilestoneRolled Up ProgressSplitExternal TasksProject SummaryGroup By SummaryDeadlineStanley Fairgrounds Stall Barn Dohn Construction, Inc.Page 2Original Schedule Date: 01/07/2013Revision Date: XX/XX/XXRevision Number: XXProject: SPFG Stall BarnDate: Tue 1/15/13 EXHIBIT C IDTask NameDurationNumber ofCrewsStartFinish61Paint Structure5 days1Mon 8/12/13Fri 8/16/1362Drywall @ Restrooms & Lobby10 days1Wed 8/14/13Tue 8/27/1363Pour Aprons & Site Connections10 days1Fri 8/16/13Thu 8/29/1364Install HVAC Systems10 days1Mon 8/19/13Fri 8/30/1365Install Lighting & Electrical Rough In's10 days1Mon 8/19/13Fri 8/30/1366Fire Sprinkler Install10 days1Mon 8/19/13Fri 8/30/1367Paint @ Restrooms & Lobby3 days1Wed 8/28/13Fri 8/30/1368Touch Up Painting5 days1Tue 9/3/13Mon 9/9/1369Trim Mechanical Systems5 days1Tue 9/3/13Mon 9/9/1370Trim Electrical & Set Light Fixtures5 days1Tue 9/3/13Mon 9/9/1371Flooring In Restrooms4 days1Tue 9/3/13Fri 9/6/1372Hang Doors/ Hardware2 days1Tue 9/3/13Wed 9/4/1373Lobby & Vestibule Flooring3 days1Thu 9/5/13Mon 9/9/1374Plumbing Trim in Restrooms3 days1Mon 9/9/13Wed 9/11/1375Final Clean4 days1Tue 9/10/13Fri 9/13/1376Bathroom Accessories3 days1Thu 9/12/13Mon 9/16/1377Pre Punch List5 days1Mon 9/16/13Fri 9/20/1378Final Inspections5 daysTue 9/17/13Mon 9/23/1379OAC Punch List5 daysMon 9/23/13Fri 9/27/1380Expected Weather Delays5 daysMon 9/30/13Fri 10/4/1381Project Close Out1 dayMon 10/7/13Mon 10/7/131/61/131/201/272/32/102/172/243/33/103/173/243/314/74/144/214/285/55/125/195/266/26/96/166/236/307/77/147/217/288/48/118/188/259/19/89/159/229/2910/60/1uaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberTaskCritical TaskProgressMilestoneSummaryRolled Up TaskRolled Up Critical TaskRolled Up MilestoneRolled Up ProgressSplitExternal TasksProject SummaryGroup By SummaryDeadlineStanley Fairgrounds Stall Barn Dohn Construction, Inc.Page 3Original Schedule Date: 01/07/2013Revision Date: XX/XX/XXRevision Number: XXProject: SPFG Stall BarnDate: Tue 1/15/13 EXHIBIT C DRAFT #1, 05/08/2013 TOWN OF ESTES PARK CONTRACT AGREEMENT THIS AGREEMENT is effective as of the 3rd day of June, 2013 by and between the Town of Estes Park, P.O. Box 1200, Estes Park, Larimer County, Colorado, 80517, (hereinafter called OWNER) and Dohn Construction, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Stanley Fairgrounds Multi-Purpose Events Center and 100 Unit Stall Barn Facility Construction of a new Multi-Use Stall Barn and Multi-Purpose Event Center (MPEC). The Multi-Use Stall Barn is approximately 26,000 square feet and the MPEC is approximately 37,000 square feet. The site is located in Estes Park at the Stanley Park Fairgrounds, generally located between Community Drive and 4th Street and Highway 36 and Manford Avenue. The Multi-Use Stall Barn and MPEC will be located at the vacant North West quadrant of the Fairgrounds, on generally 4.5 acres. Article 2. PROJECT MANAGER The Project Manager shall be the OWNER’s Public Works Department or its designee, who is hereinafter called PROJECT MANAGER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES The Completion of Work must occur in accordance with the Contract Documents as follows: a. 175 calendar days from June 3, 2013 for the Stall Barn Facility b. 240 calendar days from June 3, 2013 for the Multi-Purpose Event Center Article 4. CONTRACTOR PRICE OWNER shall pay $ 5,165,500 to the CONTRACTOR for completion of the Work in accordance with the Contract Documents. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the Contract Documents. Applications for Payment will be processed by the PROJECT MANAGER as provided in the Contract Documents. 5.1 Progress Payments; Retainage. OWNER shall make progress payments per the Town’s Annual Vendor DRAFT #1, 05/08/2013 Payment Schedule on account of the Contract Price on the basis of CONTRACTOR's applications for Payment as recommended by PROJECT MANAGER, as provided by the Contract Documents during construction as provided in paragraphs 5.1.1 and 5.2 below. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in accordance with the Contract Documents. a. Ninety-five percent (95%) of Work completed (with the balance being retainage). b. Ninety-five percent (95%) with the balance being retainage of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in the Contract Documents). 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the Contract Documents, OWNER will publically advertise the Project Completion as required by Section 38-26-107 C.R.S. Should no claims be filed, the OWNER shall pay the remainder of the Contract Price as recommended by PROJECT MANAGER as provided in the Contract Documents. Article 6. INTEREST Final payment will be made in accordance with the Town’s Annual Vendor Payment Schedule. All moneys not paid when due as provided in the Contract Documents shall bear interest at the rate of 10% per annum compounded monthly. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda(s)) and the other related data identified in the Bidding Documents including "technical data". 7.2 CONTRACTOR has reviewed the site, and become familiar with, and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance or furnishing the Work. 7.3 CONTRACTOR acknowledges it knows, understands, and accepts all plans, specifications, and design intent of the Work. 7.4 CONTRACTOR acknowledges it has met with the Project Manager and has been in correspondence with the Project Manager and has sought and received clarification of all issues concerning construction and design. 7.5 CONTRACTOR assumes full responsibility and obligation for high quality workmanship and timely completion of this project as illustrated by the plans, drawings, and specifications. 7.6 CONTRACTOR understands that it may make on-site layout and grading and construction modifications to achieve the desired intent. Such modifications/grading changes and layout cost are already included in the Contract Documents. DRAFT #1, 05/08/2013 7.7 CONTRACTOR understands and acknowledges that this Agreement is a performance based Agreement of a maximum lump sum amount: totaling $ 5,165,500.00 that shall not be exceeded or increased, except for contract changes allowed, agreed, and approved in writing. 7.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a final product acceptable to OWNER. 7.9 CONTRACTOR shall indemnify, save and hold harmless the OWNER from all damages, claims, and judgments whatsoever (including costs, legal fees, and expenses incurred by the OWNER related to such damages or claims) to the OWNER or claimed by third parties against the OWNER, arising directly or indirectly out of CONTRACTOR'S negligent performance of any of the requirements, provisions, or services furnished under this Agreement. 7.10 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance of furnishing the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by the CONTRACTOR for such purposes. 7.11 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the Contract Documents. 7.12 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 7.13 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consisting of the following: 8.1 This Agreement 8.2 Exhibits to this Agreement 8.3 Notice of Award 8.4 Notice to Proceed 8.5 Information for Bidders DRAFT #1, 05/08/2013 8.6 Master Agreement 8.7 Project Manual 8.8 Drawings bearing the title: Multi- Purpose Event Center and Stall Barn 8.9 Addenda (s) 8.10 Contractor’s Bid. (Bid Proposal, Bid sheet & Appendix) 8.11 Bid Bond 8.12 Performance & Payment Bond 8.13 Drawing or Plans (including CDOT and Larimer County documents as referenced) 8.14 Technical Specifications and Details. 8.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.16 Change Orders (post approval signatures) 8.17 Insurance Certificate, Business License, Tax Certification. 8.18 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents. The documents composing the Contract Documents are made part hereof (except as expressly noted otherwise above). Contractor is required to comply with applicable federal, state, and local safety and health laws, regulations and ordinances. There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract Documents. In case of conflicting provisions, requirements or discrepancies the order of application of the Contract Documents is as follows: 1. Change Orders for clarification of drawings 2. This Agreement 3. Addenda 4. Drawings 5. Master Agreement 6. Project Manual Article 9. MISCELLANEOUS 9.1 Reference to the Contract Documents shall include modification thereto by any Supplementary Conditions issued. 9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and 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 the Contract Documents. 9.3 Except for the intended beneficiaries of any "Payment Bond" executed in conjunction with this Agreement, nothing in this Agreement shall be construed to give any rights or benefits by virtue of this Agreement to DRAFT #1, 05/08/2013 anyone other than OWNER and CONTRACTOR, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sale and exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party. 9.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.5 In the event of default of any of the provisions of this Agreement by either party which shall require the party not in default to commence legal actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs, including fees of experts, incurred because of the default. Additionally, CONTRACTOR shall indemnify the OWNER for legal expenses and costs incurred by the OWNER by reason of claims filed by suppliers, subcontractors or other parties, against the Retainage held by the OWNER where the OWNER has paid such sums to the CONTRACTOR. 9.6 The OWNER has appropriated sufficient funds to pay the contract price 9.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any Law or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.8 Colorado Governmental Immunity Act. The parties hereto understand and agree that the OWNER and its officers, employees, volunteers, and agents are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time-to-time amended, or otherwise available by any other provision of law. Article 10. FINANCING CONTINGENCY This Agreement is specifically contingent upon the OWNER closing its Certificate of Participation financing on or before May 31, 2013. In the event that the OWNER does not close its Certificate of Participation financing and receive funds from the Certificate of Participation financing, OWNER shall have the option, in OWNER’s sold discretion, to terminate this Agreement by written notice to CONTRACTOR dated on or before May 31, 2013. In the event this Agreement is terminated by the OWNER for failure of the OWNER’s financing to occur, this Agreement shall be null and void and of no further effect. Article 11. LIQUIDATED DAMAGES 11.1 OWNER and CONTRACTOR recognize that time is of the essence of this Agreement, and that the OWNER will suffer financial loss if the Work is not completed in accordance with the contract time set forth in Article 3 of this Agreement. Further, the parties recognize that delays, expense and difficulties in proving in a legal proceeding the actual losses or damages including special, indirect, consequential, incidental and any other losses or damages suffered by OWNER if the Work is not completed as required in Article 3 of this Agreement. Accordingly, and instead of requiring proof of such loss or damages, the parties agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,000 for each calendar day that expires after the time specified in Article 3 of this Agreement for Completion of Work of the Stall Barn Facility and/or the Multi-Purpose Event Center. By execution of this Agreement, the OWNER and DRAFT #1, 05/08/2013 CONTRACTOR expressly agree that these liquidated damages amounts are reasonable under the circumstances existing at the time this Agreement is executed. 11.2 Liquidated damages shall be due and owing separately for the Stall Barn Facility and/or the Multi-Purpose Events Center. 11.3 OWNER may deduct the amount of liquidated damages from monies due to the CONTRACTOR under this Agreement. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and PROJECT MANAGER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by PROJECT MANAGER on their behalf. This Agreement will be effective as provided on the first page hereof. TOWN OF ESTES PARK By: ______________________________ By: __________________________ William C. Pinkham Title: ____________________________ Title: ________________________ (If CONTRACTOR is a corporation attach evidence of authority to sign.) Attest: __________________________ Attest: ______________________ Address for giving notices: Address for giving notices: 170 MacGregor Avenue P. O. Box 1200 Estes Park, Colorado 80517 970-577-3586 Stanley Fairgrounds Bid Form and Instructions Section 000010 - 1 Town of Estes Park Project Title Page BID FORM AND INSTRUCTIONS 121126 December 12, 2012 Bid Form and Instructions Stanley Fairgrounds Multi-Use Stall Barn and Multi-Purpose Event Center Prepared for: Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 Contract Issue December 12, 2012 Revision #1 December 21, 2012 SEALED BIDS RECEIVED BY: January 15, 2013 3:00 pm At Town of Estes Park Attn: Scott Zurn Public Works 170 MacGregor Ave Estes Park, CO 80517 ELECTRONIC BIDS RECEIVED BY: January 15, 2013 5:00 pm Via email Attn: Elena Scott escott@norris-design.com Stanley Fairgrounds Site Work Section 000100 - 3 Town of Estes Park Table of Contents BID FORM AND INSTRUCTIONS 121126 December 12, 2012 SECTION 000100 TABLE OF CONTENTS TABLE OF CONTENTS..............................................................................................................................................3 INVITATION TO BID...................................................................................................................................................5 INSTRUCTIONS TO BIDDERS.................................................................................................................................7 BID FORM.................................................................................................................................................................11 BID SUBMITTAL CHECKLIST.................................................................................................................................17 UNIT PRICING..........................................................................................................................................................19 PROPOSED SUBCONTRACTOR FORM...............................................................................................................21 BIDDER’S QUALIFICATIONS..................................................................................................................................23 MASTER AGREEMENT FOR CONSTRUCTION...................................................................................................25 TOWN OF ESTES PARK CONSTRACT AGREEMENT........................................................................................85 APPLICATION FOR PAYMENT FORM..................................................................................................................85 END OF SECTION Stanley Fairgrounds Site Work Section 001110 - 5 Town of Estes Park Invitation to Bid BID FORM AND INSTRUCTIONS 121126 December 12, 2012 SECTION 001110 INVITATION TO BID The Town of Estes Park is soliciting bids for construction of a new Multi-Use Stall Barn and Multi-Purpose Event Center (MPEC). The Multi-Use Stall Barn is approximately 26,000 square feet and the MPEC is approximately 37,000 square feet. The site is located in Estes Park at the Stanley Park Fairgrounds, generally located between Community Drive and 4th Street and Highway 36 and Manford Avenue. The Multi- Use Stall Barn and MPEC will be located at the vacant North West quadrant of the Fairgrounds, on generally 4.5 acres. The Town awarded a construction contract for earthwork and extension of a sanitary sewer line which will service the property. The earthwork and sanitary line construction are estimated to be completed by January 15, 2013. The Town reserves the right to award within 90 days of bid opening either the Multi-Use Stall Barn, or the MPEC, or both buildings concurrently. The Town will determine which of the buildings or if both buildings will be constructed after the bid opening. The project will be out for bid on December 12, 2012 with a construction completion date targeted for 175 calendar days following bid award for the Multi-Use Stall Barn, and 240 calendar days following bid award for the MPEC. Electronic and hard copies of the bids should be provided. Electronic bids shall be emailed to Norris Design, attention Elena Scott escott@norris-design.com. Sealed bids will be received at the Town’s Public Works offices (170 MacGregor Ave, Estes Park, CO 80517) for the services referenced above until 3:00 PM (Mountain Time) on January 15, 2013, at which time the bids will be opened in public by Town Staff and design team members. The bids shall be in a sealed envelope, plainly marked "Stanley Park Fairgrounds – Multi-Use Stall Barn and Multi-Purpose Event Center” and shall state the name and address of the bidder. All sheets submitted with the bid shall be clearly marked with the Contractor’s name submitting the bid. No proposals will be considered which are received after the time mentioned and any proposals so received shall be returned to the submitter and not be considered under any circumstances. Sole responsibility rests with the submitter to see that their proposal is received on time at the stated location. Town of Estes Park presently anticipates issuing the Notice to Proceed within 90 days of bid opening. A bidder to whom a contract is awarded will be required to furnish certification of specific insurance requirements and performance bonds necessary for contracts with Town of Estes Park. There will be a non-mandatory pre-bid conference at 9:00 am on December 18, 2012 at the Town of Estes Park Museum, located at 200 4th Street, Estes Park, CO. All bidders are required to submit questions in writing by January 3, 2013. Responses will be provided in writing by January 9, 2013. Plans and specifications will be available electronically on the Town of Estes Park’s website. Bidders will be responsible for all costs associated with printing documents. Geotechnical Reports are also available on the Town of Estes Park’s website. Stanley Fairgrounds Site Work Section 001110 - 6 Town of Estes Park Invitation to Bid BID FORM AND INSTRUCTIONS 121126 December 12, 2012 The Town of Estes Park reserves the right to accept or reject any and all bids, to waive any informality or technicality in any bid, to postpone the award of the contract for a period not exceeding ninety (90) days after the bid opening, all according to the best interests of the owner. Any questions concerning this bid shall be directed via email to: Elena Scott, Norris Design, escott@norris-design.com END OF SECTION Stanley Fairgrounds Site Work Section 002110 - 7 Town of Estes Park Instructions to Bidders BID FORM AND INSTRUCTIONS 121126 December 12, 2012 SECTION 002110 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS 1. Defined Terms Terms used in these Instructions to Bidders which are defined elsewhere in the Contract Documents have the same meanings. The term "Successful Bidder" means the most qualified, responsible Bidder to whom The Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 2. Copies of Contract Documents a. Contract Documents to be used can be obtained from the Town of Estes Park website. It will be the contractor’s responsibility to print any documents required for preparing and submitting the bid. b. Complete sets of Contract Document shall be used in preparing Bids. Neither the Owner, nor Owner’s Representative assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. c. The Owner reserves the right to issue Addenda. Bidder shall provide an e-mail address to which the Owner can e-mail the Addenda or notice thereof. In the event the Bidder does not have an e-mail address, the Bidder shall provide a telephone number where the Owner can notify the Bidder by phone of the addenda. The Bidder shall be responsible for obtaining any Addenda. d. The Owner, in making Contract Documents available, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 3. Qualifications of Bidders To demonstrate qualifications to perform the Work, each bidder is required to complete and submit the included Contractor's Qualification Statement with the bid package. 4. Examination of Contract Documents and Site a. Before submitting a Bid, each Bidder shall (a) examine the Contract Documents thoroughly; (b) visit the site to become familiar with local conditions that in any manner affect cost, progress or performance of the Work; (c) become familiar with federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. b. Bidders may visit the site at any time to review the area of work. Bidders are asked to check in at the Fairgrounds office adjacent to the grandstand for access. c. The submission of a Bid shall constitute an incontrovertible representation by the Bidder of compliance with every requirement and that the Contract Documents are sufficient in scope Stanley Fairgrounds Site Work Section 002110 - 8 Town of Estes Park Instructions to Bidders BID FORM AND INSTRUCTIONS 121126 December 12, 2012 and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 5. Interpretations All questions about the meaning or intent of the Contract Documents shall be submitted to the Owner’s Representative in writing. Replies shall be issued by Addenda pursuant to Paragraph 2.c hereof. The last day for interpretation of the Contract Documents is January 3, 2013. Questions received after 3:00 pm on this date shall not be answered. Only questions answered by formal written Addenda shall be binding. The Owner has not and will not authorize anyone to orally interpret any of the Contract Documents and any such oral or other interpretations or clarifications shall be without legal effect. 6. Bid Form a. The Bidder shall submit a completed Bid Form in an electronic and printed format. b. Bid Forms shall be clearly printed, so as to be legible. Bids may be disqualified if they are illegible, as determined by the parties reviewing the bids. c. Bids by corporations must be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. d. Bids by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and the official address of the partnership must be shown below the signature. e. All names must be typed or printed by the signature. f. The Bidder is required to complete all Bid Schedules electronically. If all Bid Schedules are not complete, the Bid will be considered incomplete. Bids with other omissions may be rejected in the sole discretion of the Owner. g. Alterations of the bid form will not be accepted. h. Qualifications to the bid must be include with the bid, at the time of bid openings. 7. Submission of Bids Bids shall be submitted electronically and sealed at the time and place indicated in this Advertisement for Bid. The Bid shall be contained in a sealed envelope, marked with “Stanley Fairgrounds Multi-Use Stall Barn and Multi-Purpose Event Center” and name and address of the Bidder and accompanied by all other required documents and a disk (or electronic storage device e.g. “thumb drives”) containing the bid form, bid schedule, and any other relevant information. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. 8. Modification and Withdrawal of Bids Stanley Fairgrounds Site Work Section 002110 - 9 Town of Estes Park Instructions to Bidders BID FORM AND INSTRUCTIONS 121126 December 12, 2012 a. Bids may be modified or withdrawn by an appropriate document executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. b. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw the Bid. Thereafter, that Bidder will be disqualified from further bidding on the Work. 9. Award of Contract a. If the Contract is to be awarded it shall be awarded to the most qualified responsible Bidder, however, the Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with a Bidder, and the right to disregard all non- conforming, non-responsive, or conditional Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum or product and the correct sum or product thereof will be resolved in favor of the correct sum or product. b. The Owner may conduct such investigations as deemed necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. c. The Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to the Owner's satisfaction. d. If the contract is to be awarded, the Owner shall give the Successful Bidder a Notice of Award within fifteen days after the day of the Bid opening or such other time as may be set forth in the Bid Documents. 10. Signing of Agreement When the Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least four unsigned counterparts of the Agreement and all other Contract Documents. Within (10) ten calendar days thereafter Contractor shall sign and deliver four fully executed counterparts of the Agreement to the Owner with all other Contract Documents attached. Within (10) ten days thereafter the Owner shall deliver one signed counterpart to Contractor. 11. Pre-Bid Conference There will be a non-mandatory pre-bid conference at 9:00 am on December 18, 2012 at the Town of Estes Park Museum, located at 200 4th Street, Estes Park, CO. Stanley Fairgrounds Site Work Section 002110 - 10 Town of Estes Park Instructions to Bidders BID FORM AND INSTRUCTIONS 121126 December 12, 2012 12. Order of Precedence In case of discrepancy in the Contract Documents, the order of precedence is as follows: Change Orders Addenda Special Conditions Technical Specifications General Conditions Bid Schedule Descriptions Governing Local Municipality’s Standards and Specifications 13. Project Schedule The Bidder is required to submit with the bid a proposed construction schedule to complete the work described in the Contract Documents. The schedule shall indicate the proposed starting and ending dates for the various phases of the project and for the various components of the work. Schedule shall also indicate manpower and resources available for work on this project. Which shall include an estimate of number of crews working on site on weekly basis and average time per week for key personnel on the project. Schedule shall assume a start date within 90 days of bid opening and it is expected that the project would be completed within 175 calendar days for the Multi-Use Stall Barn or 240 calendar days for the MPEC. The construction schedule will be reviewed when evaluating the bids. Therefore the bidders shall give careful consideration of how work can be sequenced to meet or finish sooner than the guidelines shown in this paragraph. END OF SECTION Stanley Fairgrounds Site Work Section 004100 - 11 Town of Estes Park Bid Form BID FORM AND INSTRUCTIONS 121126 December 12, 2012 SECTION 004100 BID FORM Stanley Fairgrounds Multi-Use Stall Barn and Multi-Purpose Event Center THIS PROJECT IS SUBMITTED TO: Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 December 12, 2012 To whom it may concern: The undersigned bidder, having examined the site of the proposed work and having full knowledge of the conditions under which the work must be performed, hereby proposes to enter into and perform as set forth in the Town of Estes Park Master Agreement, Construction Agreement, and all other contract documents, of which this Proposal forms a part, and will do the construction therein described on the terms and conditions therein set forth; and will furnish all required labor and materials and pay all incidental costs, all in strict conformity with the Town of Estes Park Master Agreement and Construction Agreement, for the following prices listed in the bid form(s) as payment in full. If awarded the Contract, the undersigned hereby agrees to execute said Town of Estes Park Master Agreement and Construction Agreement, and procure the required insurance within fourteen (14) consecutive calendar days from the date of the Notice of Award of said Contract. The undersigned further proposes that should this Proposal be accepted, the contractor will commence work within seven (7) consecutive calendar days from and including the date of Notice to Proceed and the contractor will substantially complete the work covered by the Town of Estes Park Master Agreement, and the Construction Agreement, within 175 calendar days for the Multi-Use Stall Barn or within 240 calendar days for the MPEC. The undersigned further agrees, if awarded the Contract for the Work included in this Bid Proposal, to begin and to complete and deliver the Work contemplated in accordance with the conditions set forth in the Town of Estes Park Master Agreement and Construction Agreement. The undersigned has checked carefully the figures inserted hereinafter by him, and understands that the owner will not be responsible for any error or omissions on the part of the undersigned in preparing this Bid. The undersigned hereby certifies that this Bid is genuine, and not sham or collusive, or made in the interest or behalf of any person not herein named, and that the undersigned has not, directly or indirectly, induced or solicited any other Bidder to put a sham Bid, or induced any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself any advantages over any other bidder. The only persons interested as principals in this Bid other than the one whose signature is affixed hereto are to be listed as follows (if there are none, state such fact): _None___________________________. Name: Address: Name: Address: Stanley Fairgrounds Site Work Section 004100 - 12 Town of Estes Park Bid Form BID FORM AND INSTRUCTIONS 121126 December 12, 2012 This Bid shall be valid from the date of submission to the date of an executed Town of Estes Park Master Agreement and Construction Agreement. In submitting this Bid, it is understood that the right is reserved by the Owner to reject any or all bids, and to waive irregularities in bidding. Respectfully submitted, Contractor (Bidder) By (Signature) (Title) (SEAL) (corporation/incorporated/partnership) (under the law of the State of Colorado composed of officer, partners or owner, as follows: President Vice President Secretary Name of Contractor Treasurer Address City State Zip Code Telephone Number 1. The undersigned bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the owner in the Town of Estes Park Master Agreement and Construction Agreement forms, to complete all work as specified or indicated in the fore mentioned agreements for the contract price indicated and within the contract time in this bid and in accordance with the Town of Estes Park Master Agreement and the Construction Agreement. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with performance and payment bonds and warranty bonds. This bid will remain open until the seventh day after the effective date of any agreement between the owner and the apparent successful bidder. Bidder will sign the Town of Estes Park Master Agreement and the Construction Agreement and submit all documents required by the contract documents within 10 days after the date of the owner's Notice of Award. Stanley Fairgrounds Site Work Section 004100 - 13 Town of Estes Park Bid Form BID FORM AND INSTRUCTIONS 121126 December 12, 2012 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: a. Bidder has received and examined copies of all the Contract Documents and of the following addenda: Addenda Date Addenda Number Initial b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. 4. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, group, association, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain any advantage over any other Bidder or over The Owner. 5. Bidder will complete the Work for all bid items listed in the bid form. 6. Bidder agrees that the Work will be completed within 175 calendar days for the Multi-Use Stall Barn or 240 calendar days for the MPEC as described throughout these contract documents. Contract days will not be counted. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. Extension maybe made to the contract period at the discretion of the Owner. 7. The following documents are attached to and made a condition of this Bid: a. A completed Contractor’s Qualification Statement as required by Paragraph 3 of the Instructions to Bidders. b. A preliminary construction schedule as described the Instructions to Bidders. c. Bidders shall submit a list of intended subcontractors for the project. The list shall include the company name, contact information, years in business, the approximate percentage of the work to be performed, and the services which will be provided by that subcontractor. 8. Communications concerning this Bid shall be addressed via email to: Elena Scott escott@norris-design.com 9. Terms used in this Bid which are defined elsewhere in the Contract Documents have the same meanings. Stanley Fairgrounds Site Work Section 004100 - 14 Town of Estes Park Bid Form BID FORM AND INSTRUCTIONS 121126 December 12, 2012 10. The Bidder shall pay special attention to the following items: a. The Contractor shall carefully plan out the Work to complete the project within the Contract Period, and keep accurate records of items creating delays to production schedules. Advance planning will be required to prevent the occurrence of overtime. b. Payment for overtime required to complete the work in the contract period will not be authorized unless unforeseen circumstances occur. c. The unit pricing supplied with the bid form. These numbers will also be used as a basis for additions and subtractions from the scope of work. d. The quality of workmanship and materials will be monitored closely by the owner and owner’s representative. THE UNDERSIGNED BIDDER, having familiarized himself with the work required by the Contract Documents, the site where the Work is to be performed, local labor conditions and all laws, regulations and other factors affecting performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the Work, HEREBY PROPOSES and agrees, if this Bid is accepted, to enter into Agreement in the form attached, to perform all work, including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the Agreement and the furnishing of materials and equipment required to be incorporated in and form a permanent part of the Work, tools, equipment, supplies, transportation, facilities, labor, superintendence and services required to perform the Work; and Bond, insurance and submittals; all as indicated or specified in Contract Documents to be performed or furnished by Contractor in accordance with the following Bid prices Contractor must submit on all scheduled values to be considered. Bid will be voided if bid form is modified or altered in any way. Values for each scheduled item shall be written out in words and numeric format. The schedule of values shall be completed in full which shall be used to justify the contract amount for each schedule item. BID PRICE SCHEDULE #A – Multi-Purpose Event Center Total cost for materials, installation, warranties and labor for the work shown on plans with exception of the Add Alternates. All associated permit costs and fees, mobilization, overhead, and general conditions shall be included with this total. (Dollars) TOTAL TOTAL OF SCHEDULE A IN NUMBERS I acknowledge that this bid includes Addendum(s). If none, so state. Stanley Fairgrounds Site Work Section 004100 - 15 Town of Estes Park Bid Form BID FORM AND INSTRUCTIONS 121126 December 12, 2012 SCHEDULE #B – Multi-Use Stall Barn (list alternates separately in spaces provided below) Total cost for materials, installation, warranties and labor for the work shown on plans with exception of the Add Alternates. All associated permit costs and fees, mobilization, overhead, and general conditions shall be included with this total. (Dollars) $ ADD ALTERNATE #B.1 – Cupolas Total cost for materials, installation and labor for the purchase and installation of the cupolas and associated roofing requirements. Refer to Architectural Construction Drawing Add Alternate Notes. All associated permit costs and fees, mobilization, overhead, and general conditions shall be included with this total. (Dollars) $ ADD ALTERNATE #B.2 – Wood Trim and Truss Accents Total cost for materials, installation and labor for the purchase and installation of the wood gable accents at pedestrian entries as shown on plans and elevations. Refer to Architectural Construction Drawing Add Alternate Notes. All associated permit costs and fees, mobilization, overhead, and general conditions shall be included with this total. (Dollars) $ ADD ALTERNATE #B.3 – Restroom Interior Finishes Total cost for materials, installation and labor for the purchase and installation of the alternate restroom interior finishes. Refer to Architectural Construction Drawing Add Alternate Notes. All associated permit costs and fees, mobilization, overhead, and general conditions shall be included with this total. (Dollars) $ ADD ALTERNATE #B.4 – Public Address System Total cost for materials, installation and labor for the purchase and installation of the public address system. Refer to performance specification included in the project manual. All associated permit costs and fees, mobilization, overhead, and general conditions shall be included with this total. (Dollars) $ TOTAL TOTAL OF SCHEDULE B INCLUDING ALTERNATES IN NUMBERS I acknowledge that this bid includes Addendum(s). If none, so state. Stanley Fairgrounds Site Work Section 004100 - 16 Town of Estes Park Bid Form BID FORM AND INSTRUCTIONS 121126 December 12, 2012 SCHEDULE #C – Multi-Use Stall Barn and Multi-Purpose Event Center Combined Total cost for materials, installation, warranties and labor for the work shown on plans including Add Alternates. All associated permit costs and fees, mobilization, overhead, and general conditions shall be included with this total. TOTAL TOTAL OF SCHEDULE C IN NUMBERS I acknowledge that this bid includes Addendum(s). If none, so state. The undersigned bidder agrees to enter into agreement after acceptance of this bid, and further agrees to complete all work covered by the bid, in accordance with specified requirements and in accordance with specified requirements and in accordance with the following estimated schedule. Date Task 1/7/2013 Bid Opening Within 90 calendar days from Bid Opening Bid Award Within 175 calendar days from Bid Award Substantial Completion Stall Barn Within 240 calendar days from Bid Award Substantial Completion MPEC Liquidated Damages. Owner and Contractor recognize the importance of establishing and enforcing deadlines. If the date for deliverables are not met then the Owner could suffer financial loss. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the Owner if work is not completed on time, therefore damages for delays in meeting deadlines for all or portions of the work as shown on contract documents or as documented in project schedules or meeting notes, shall be assessed at a cost of $250 per calendar day for every day late. PREPARED BY Signed: Name Printed: Title: Company: END OF SECTION Stanley Fairgrounds Site Work Section 004325 - 17 Town of Estes Park Bid Submittal Checklist BID FORM AND INSTRUCTIONS 121126 December 12, 2012 SECTION 004325 BID SUBMITTAL CHECKLIST The following items shall be included as part of the bid package. Packages not containing these items shall be deemed incomplete and therefore disqualified from bidding. 1. Completed Bid Form (Section 004100) 2. Bidder’s qualifications (Section 004510) 3. Acknowledgement of Addendums 4. Proposed subcontractor list 5. Proposed project schedule 6. Unit Pricing (Section 004330) END OF SECTION Stanley Fairgrounds Site Work Section 004330 - 19 Town of Estes Park Unit Pricing BID FORM AND INSTRUCTIONS 121126 December 12, 2012 SECTION 004330 UNIT PRICING All unit/total prices for each of the items listed shall include all costs involved in the installation of each item or performance of tasks (to include labor and equipment, except where noted), its pro rata share of profits, overheard, warranty, bonding, insurance, mobilization, and administrative fees, unless otherwise indicated. Refer to technical specifications for exact description of products. Costs listed below will be the basis or additions and subtractions to the base bid amount. Totals for each schedule item shall match the total shown on the bid form, thereby justifying the value of the bid. This document shall be provided by the contractor in their format of choice, preferably as a Microsoft Excel spreadsheet to allow for easier consolidation of this information. Bidders shall provide this information with their bid electronically. The estimated quantities form may be e-mailed to the Owner’s Representative or submitted on a disk. This information must be received by the time stated by the bid opening, otherwise this information will be considered incomplete. END OF SECTION Stanley Fairgrounds Site Work Section 004340 - 21 Town of Estes Park Proposed Subcontractor Form BID FORM AND INSTRUCTIONS 121126 December 12, 2012 SECTION 004340 PROPOSED SUBCONTRACTOR FORM List subcontractors and suppliers providing services and/or materials to be furnished and a summarization of the dollar value of each subcontract. All subcontractors over 5% of the bid total must be listed. Subcontractor Scope of Work Years in Business Percentage of Work Contact Person and Phone Number This is to certify that the names of the foregoing mentioned Subcontractors or material suppliers are submitted with full knowledge and consent of the respective parties Bidders: (Name of Company) By: _____________________________________ (Signature and Title) Date: Note: The previous sheet may be reproduced by the Contractor to list Subcontractors totaling more than will fit on this page. Certify each sheet as an original sheet and staple additional sheets to this page. END OF SECTION Stanley Fairgrounds Site Work Section 004510 - 23 Town of Estes Park Bidder’s Qualifications BID FORM AND INSTRUCTIONS 121126 December 12, 2012 SECTION 004510 BIDDER’S QUALIFICATIONS The Undersigned certified under oath the truth and correctness of all statements and/or all answers to questions made hereinafter. Submitted to: TOWN OF ESTES PARK Submitted by: NAME Address City, State Zip Phone Principal Office Check One: ( ) Corporation ( ) Partnership ( ) Joint Venture ( ) Individual ( ) Other ______________ 1. List the five largest active construction projects your organization has under contract to date. Each project description shall contain contact information for references. Project Name Owner Phone Number Owner’s Rep. Phone Number Contract Amount Contract Dates Remaining Amount of Work 2. Provide resumes for the principal individuals who would be assigned to this project. Indicate their position in the company, their role on the project, approximate time per week on the project, experience expertise, certifications, etc. 3. Summarize the experience of the individuals in your organization who would be assigned to this project. NAME POSITION APPROX. TIME/WEEK 4. Name of bonding and insurance companies and name and address of agents: maximum bonding capacity. What portion remains of this bonding capacity at the time of submittal of the Bid? 5. What is your Worker’s Compensation Experience Modifier Rate? END OF SECTION Stanley Fairgrounds Site Work Section 005200 - 25 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 SECTION 005200 TOWN OF ESTES PARK MASTER AGREEMENT FOR CONSTRUCTION (For use in Colorado) MASTER AGREEMENT NUMBER: 2012 – This Master Agreement for Off-Site and On-Site Construction (the “Master Agreement”) is entered into as of . 2013 the “Effective Date”) between TOWN OF ESTES PARK , a corporation (“Contractor”), regardless of whether Contractor’s actual capacity will be prime contractor or subcontractor. Section 1. INCORPORATION OF MASTER AGREEMENT INTO CONTRACT AND TERM 1.1 Incorporation. This Master Agreement establishes the general conditions applicable to any specific, Commitment (the “Contract”) subsequently entered into between Owner and Contractor. The provisions of this Master Agreement will apply to and become part of any bid submitted by Contractor to Owner and any Contract entered into between Contractor and Owner and any Time and Material Authorization (“TMA”), Field Purchase Order (“FPO”) or Change Order. Unless otherwise indicated, the capitalized terms used but not defined in this Master Agreement have the definitions stated in the Contract. 1.2 Applicability to Open Contracts. Contractor and Owner agree, acknowledge and accept that this Master Agreement hereby replaces and supercedes any prior master agreement entered into between Owner and Contractor. All open Contracts, including all open TMAs, FPOs, Change Orders or other amendments, issued prior to the effective date of this Master Agreement (the “Open Contracts”) are incorporated herein by reference and remain operative and in full force and effect except that this Master Agreement governs the Open Contracts All references in Open Contracts to the “Master Agreement” or to a provision thereof, shall be deemed to refer to this Master Agreement. 1.3 Term. The term of this Master Agreement (the “Term”) will extend from the Effective Date until the_________ date unless cancelled or modified in writing by Owner prior to that time or extended for completion of a Contract as provided in such Contract. The term of any Contract commences on its effective date and ends upon the Completion of Work unless a written termination is issued prior thereto. 1.4 Owner’s Authorized Representative for the projects will be a representative from Norris Design and/or the Town of Estes Park who will have the rights and authority assigned to the Owner’s Representative in the Contract Documents. The name of the individual who will act as the Owner’s Authorized Representative will be set forth in the Contract Documents. Stanley Fairgrounds Site Work Section 005200 - 26 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 Section 2. DEFINITIONS “Applicable Requirements” means all federal, state and local laws, statutes, ordinances, codes, rules, regulations, orders, judgments and decrees applicable to the Work, including without limitation a state or federal Storm Water Management Plan (“SWMP”). “Bid” means the offer or proposal of the Bidder submitted on the prescribed Bid Form setting forth the prices for the Project to be constructed. “Bid Form” means the form of the offer or proposal setting forth the Project to be constructed. “Bidder” means any individual, firm or corporation submitting a bid for the Project contemplated, acting directly or through a duly authorized representative. “Owner” is defined in the preamble. “Owner’s Authorized Representative” means the person specified in Section 1.4 of the Master Agreement or other applicable Contract, or such other Project Manager or other individuals, as Owner designates to Contractor. “Business Day” is defined in Section 13.1. “Change Order” means a written document provided by Contractor to the Owner, requesting an authorization for an addition, deletion or revision in the Work, or an adjustment in the Construction Schedule or Contract Price, issued after the effective date of the Master Agreement, to be signed by both Owner and Contractor. “Completion of Work” means (a) the Work has passed all applicable inspections and Contractor has obtained all required approvals, permits, certificates and sign-offs from the appropriate agencies, including governmental authorities and utilities, (b) all Work, including all punch list work, has been completed to Owner’s satisfaction, as evidenced by a written approval notice to Contractor from Owner’s Authorized Representative and (c) Contractor has delivered to Owner the as-built Plans, annotated Specifications and other documentation required in Section 4.4 below, and cleaned the Site as required in Section 4.5(a) below. “Construction Schedule” means a document containing specific time periods and deadlines associated with construction of the Project and performance of the Work. “Contract” is defined in Section 1.1. “Contract Documents” means the Master Agreement, the Contract, the Contractor’s Bid, Plans, Specifications, engineering reports, soils reports, acoustical reports, geotechnical and geological investigation reports and other documents specified in the Contract, and all subsequent Change Orders. “Contract Price” means the compensation for the Work, as specified in the Contract authorizing the Work to be performed. Stanley Fairgrounds Site Work Section 005200 - 27 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 “Contractor” is defined in the preamble. “Effective Date” is defined in the preamble. “FPO” is defined as a Field Purchase Order issued for additional work by Owner’s Authorized Representative. “General Conditions” means the general conditions as set forth in the Contract Documents. “Hazardous Substance” is defined in Section 4.5(g)(1). “IIPP” is defined in Section 4.5(e)(2). “Losses” is defined in Section 8.1. “Master Agreement” is defined in the preamble. “Owner” is defined in a Contract if different than Owner. “Payment Authorization” means all written authorizations that Owner requires contractor to submit with invoices for payment. “Phase” means a portion of the Project defined as such. “Plans” means the official plans, drawings, working drawings, or supplemental drawings or exact reproductions thereof, approved by the Owner’s Authorized Representative, which show the location, character, dimensions, and details of the Work. “Project” means the construction project specified in the the Contract and Scope of Work; in the total construction of which the Work may be the whole or a part. “Project Manual” means the official documents prepared by the project designer such as bidding requirements, sample forms, conditions of the contract and specifications for the Work to be completed. “Proprietary Information” is defined in Section 12.1. “Site” means the physical location of the Project(s). “Special Conditions” means the specific clauses setting forth conditions or requirements peculiar to the Project, covering work or materials involved in the Bid which are not thoroughly or satisfactorily stipulated in the General Conditions or Specifications. “Specifications” means the specifications specified in the Project Manual for the Multi- Use Stall Barn and the Multi-Purpose Event Center. “Subcontractor” means an individual or entity having a direct contract with the Contractor or with any other Subcontractor for the performance of a portion of the Work. “Supervisor” means Contractor’s Supervisor designated under the Contract Documents. Stanley Fairgrounds Site Work Section 005200 - 28 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 “Term” is defined in Section 1.3. “Time and Material Authorization” or “TMA” means a document, which will be provided to Owner by Contractor identifying hourly charges for specific work to be performed and equipment to be used to complete the Project. "Work" or “Scope of Work” means the work specified in any contract issued by Owner to Contractor, as may be modified by subsequent approved Change Orders, and TMAs. Section 3. OWNER/CONTRACTOR RELATIONSHIP Owner and Contractor are committed to working together in a relationship based on integrity and continual improvement in order to achieve a mutually beneficial relationship and to deliver exceptional value and quality to Owner’s customers. Contractor acknowledges that its relationship with Owner and its responsibilities under this Master Agreement include a continuing need for process improvements, elimination of waste and more efficient use of labor and materials. Section 4. CONTRACTOR’S WORK 4.1 Applicable Requirements and Plans and Specifications. 4.1(a) Performance Standards. Contractor must expeditiously perform the Work in a good and workmanlike manner and must provide all labor, materials, tools, supplies, equipment, machinery, supervision, coordination, transportation, services and all other things necessary for execution of the Work. Contractor must perform the Work in accordance with all Applicable Requirements, the Contract Documents, where applicable. 4.1(a)(1) Where the Plans or Specifications describe portions of the Work in general terms, but not in complete detail, the best industry practice is to prevail and only materials and workmanship of the first quality are to be furnished. Whether or not shown by the Contract Documents, the Work includes any item of labor, service and/or material reasonably implied or customarily furnished by a contractor performing work of the type comprising the Work, or required to complete the Work in compliance with any Applicable Requirements. Contractor must furnish, without extra charge, any additional material and labor required to comply with Applicable Requirements, the Contract Documents, where applicable, even though not mentioned in the Specifications or shown on the Plans. 4.1(a)(2) All material must be installed in accordance with the manufacturer’s specifications. If Contractor installs any material in a manner that voids the manufacturer’s guarantee and/or warranty without prior written authorization from Owner, Contractor assumes all obligations under the manufacturer’s guarantee and/or warranty at Contractor’s sole cost and expense. 4.1(b) Notification of Inconsistencies. Contractor must provide written notification to Owner of any inconsistency between the Contract Documents and Applicable Requirements, where applicable, or of any other inconsistency, error or omission Contractor may discover in the Stanley Fairgrounds Site Work Section 005200 - 29 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 Contract Documents. If Contractor performs any portion of the Work which Contractor knows, or shall know, is inconsistent with any Applicable Requirements, where applicable, or which otherwise involves an inconsistency, error or omission, without having previously reported it to Owner in writing, Contractor will bear all costs for correction and any associated delay. 4.1(c) Priority of Documents. If any inconsistency among the Contract Documents cannot be resolved through ordinary contract interpretation, the following priority will apply: (1) the Contract; (2) Specifications; (3) Plans (except that Plans have priority over Specifications as to quantity); and (4) this Master Agreement. 4.1(d) Permits. Contractor will secure permits for the Work except as otherwise noted. 4.2 Contractor’s Expertise, Representations and Warranties. 4.2(a) Contractor’s Expertise. Contractor acknowledges that Owner relies upon Contractor’s experience, expertise, recommendations and supervision in the performance and scheduling of the Work and in striving continually to improve upon the methods and materials necessary for completing the Work. 4.2(b) Representations and Warranties. Contractor represents and warrants that it is: (1) an expert in its field and trade and able to furnish the facilities, tools, materials, supplies, equipment and qualified personnel required to perform the Work, and has sufficient expertise and competence to do so; (2) financially solvent, able to pay its debts as they mature and possessed of sufficient working capital to perform the Work and meet its obligations under the Contract Documents; (3) authorized to do business in Colorado; (4) properly qualified, certified and licensed to perform the Work by all governmental and quasi-governmental authorities having jurisdiction over Contractor or the Work, and will remain so at all times during performance of the Work; (5) a duly formed and existing legal entity in good standing in Colorado and the jurisdiction within which the entity was formed; and (6) duly authorized to execute this Master Agreement and any Contracts hereunder; and (7) including in its Contract Price sufficient money to comply with all applicable local, state and federal laws or regulations governing the labor or services provided. 4.3 Inspection of Work and Rework. 4.3(a) Inspection of Work. The Work is subject to inspection and approval by both the Owner and governmental authorities and utilities. Contractor must do each of the following: Stanley Fairgrounds Site Work Section 005200 - 30 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 (1) Perform frequent and on-going inspections of the Work to ensure that the Work is in compliance with the Contract Documents, and Applicable Requirements, where applicable. Contractor will not be relieved from any of its responsibilities with respect to the Work by the activities or duties of Owner or Owner’s Authorized Representative, or by inspections required or performed by persons other than Contractor. (2) Fully comply with all inspection programs and protocols designated by Owner. (3) Coordinate all required inspections of the Work by governmental authorities and utilities. (4) Give Owner’s Authorized Representative timely notice (at least 48 hours) of governmental and utility inspections so that the Authorized Representative may observe the inspections. (5) Bear all costs and any associated delay for reinspection and correction (to the satisfaction of Owner and the relevant governmental authority or utility) if the Work or any portion of it fails to pass inspection. (6) Commence corrective work within twenty-four (24) hours after the failed inspection and diligently pursue the corrective work to satisfactory completion. 4.3(b) Coverage of Work. If any portion of the Work is not visually observable or is otherwise covered prior to required inspection or contrary to the requirements of the Contract Documents or the request of Owner’s Authorized Representative, that portion must be uncovered or removed at Contractor’s cost and after inspection must be recovered or replaced at Contractor’s cost, all without any extension of time. 4.3(c) Resolution of Dispute over Quality. If any dispute arises as to the quality of Contractor’s work or the quality or type of materials furnished, Owner’s reasonable decision regarding the quality or type of materials to be used is binding on Contractor during the course of the Work. Thereafter, Contractor may choose to seek extra payment for the cost of the labor or materials, provided all notices have been timely submitted as required in Section 5, below. 4.4 As-Built Plans, Annotated Specifications and Other Documentation. 4.4(a) As Built Plans and Specifications. When required by the Contract, Contractor must prepare and maintain on a current basis an accurate and complete set of as-built Plans showing clearly all changes, revisions and substitutions during construction, including, without limitation, field changes and the final location of all utility lines, pipes, grades and other significant features, and as related to the Work, annotated Specifications marked in the field to show all changes, revisions and substitutions. 4.4(a)(1) In the event of a Specification that allows Contractor or any subcontractor to elect one of several brands, makes or types of material Stanley Fairgrounds Site Work Section 005200 - 31 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 or equipment, Contractor must show which of the allowable items was furnished. 4.4(a)(2) The as-built Plans and annotated Specifications must be kept at the Site, and must be available for inspection by Supervisor, Owner and any governmental authorities or utility companies and must be provided to Owner at the Completion of Work. 4.4(b) Documentation. At the Completion of Work and prior to final payment, Contractor must provide Owner with all operating manuals, guarantees, warranties, and product warranties, which relate to any materials or equipment installed by Contractor as well as the names of replacement parts suppliers and all other similar documentation relating to the Work. 4.5 Site Requirements. 4.5(a) Cleanliness. 4.5(a)(1) Contractor must keep its work areas in a neat and safe condition at all times and ensure that neither it nor its subcontractors, nor others for whom it is responsible, create any hazardous or unsafe conditions which might affect others on or off the Site. 4.5(a)(2) On a daily basis Contractor must pile all rubbish, waste and debris resulting from the Work in a location or trash bin designated by Owner’s Authorized Representative and must ensure that all materials, supplies and equipment are properly and safely stored. 4.5(a)(3) At the Completion of Work, Contractor must remove from and about the Site all waste materials, rubbish, tools, construction equipment, machinery and surplus materials, and must leave the Site in “broom clean” condition. 4.5(a)(4) If Contractor intends to dispose of any soil or debris generated from excavation, drilling or other activities, or Hazardous Substances (as defined in Section 4. 5(g)(1) below, then Contractor must –obtain written approval from Owner’s Authorized Representative prior to disposal so Owner can sample and profile the materials or Hazardous Substance and require Contractor to effect such disposal only at facilities approved by Owner in advance and in writing Contractor shall not permit any run- off to a storm drain, except for uncontaminated clear run-off water. 4.5(b) Drug Free. Illegal drugs (including prescription drugs belonging to another) and alcohol are strictly prohibited on the Site at all times. Contractor must instruct its employees, subcontractors and others for whom it is responsible that the possession of illegal drugs or alcohol while on the Site, or working on the Site under the influence of illegal drugs or alcohol, will result in immediate removal of employee from all of Owner’s projects. Contractor must strictly enforce this policy. Contractor’s failure to enforce this policy is a material breach of this Master Agreement and any Contract, and a basis for terminating any Contract as well as for terminating this Master Agreement. Stanley Fairgrounds Site Work Section 005200 - 32 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 4.5(c) Supervision. 4.5(c)(1) At any time Contractor is performing the Work, and at other times as necessary, the Supervisor must be present at the Site. The Supervisor must be skilled and knowledgeable both in the performance and supervision of the Work and fully knowledgeable regarding the requirements of the Contract Documents and Applicable Requirements. So far as reasonably possible, Contractor will keep the same Supervisor on the job throughout the performance of the Work. The Supervisor must be authorized to respond to the needs and requirements of Owner without obtaining further authorization. At its sole discretion, Owner may require Contractor to replace its Supervisor on twenty-four (24) hour notice at no cost to Owner. 4.5(c)(2) The Supervisor must have the linguistic skills necessary to communicate with Contractor’s employees, subcontractors, suppliers and others for whom Contractor is responsible, whatever their primary language may be, as well as to communicate fully with Owner’s Authorized Representative. 4.5(c)(3) If Contractor fails to have adequate supervision on the Site, Owner may supply its own supervision, at Contractor’s cost, or in the alternative, cause all Contractor’s employees to cease work until adequate supervision is provided, again at Contractor’s cost, including any associated delay. 4.5(d) Training. 4.5(d)(1) Contractor warrants that its employees and any subcontractors or others for whom Contractor is responsible have received or will receive, prior to commencing the Work, all training and instruction necessary for performance of the Work in conformance with Applicable Requirements, the Contract Documents and industry standards. 4.5(d)(2) Contractor warrants that each of the employees who are performing the Work is knowledgeable about the requirements of the Contract Documents and Applicable Requirements. 4.5(d)(3) Owner may require Contractor to remove and replace any employee who is inadequately trained, who fails to demonstrate the necessary skills to do the Work, or who is not knowledgeable about the requirements of the Contract Documents and Applicable Requirements. 4.5(e) Safety. 4.5(e)(1) Contractor must fully comply with all Applicable Requirements with respect to occupational health and safety standards under the Occupational Safety and Health Act (OSHA) of 1970, 29 Code of Federal Regulations, Section 1926, any other applicable public authority, accident prevention and safety equipment and safe practices. Contractor must fully cooperate with Owner’s Safety Manager to Stanley Fairgrounds Site Work Section 005200 - 33 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 implement and enforce any other accident prevention and safety program of Owner. Contractor must cooperate with any regulatory agency consultation or compliance inspections. Contractor is responsible for protecting the public from hazards related to the Work. 4.5(e)(2) Contractor must have an Injury/Illness Prevention Program (“I.I.P.P.”) and Contractor must provide Owner with a copy of its I.I.P.P. upon request. Contractor must conduct periodic inspections of Site conditions and equipment and must provide documentation of such inspections to Owner’s Safety Manager upon request. Contractor must provide personal protective equipment and adequate safety training to all of its employees. 4.5(e)(3) Contractor must immediately notify Owner of any incident which causes personal injury, or environmental or property damage, and must cooperate fully with Owner’s Risk Management Department. 4.5(e)(4) Contractor is responsible for ensuring that all vehicles used or required for the performance of the Work, including ANY vehicle brought on Site by Contractor, any subcontractor or any of their respective employees, suppliers or others for whom Contractor is responsible be in safe operating condition and registered and insured as required by state law. 4.5(e)(5) Contractor accepts sole responsibility for providing a safe work place for its and its subcontractors’ employees, suppliers and others for whom Contractor is responsible, including without limitation safety training and the adequacy, and required use, of all safety equipment. Contractor must pay any fine imposed on Owner as a result of Contractor’s violation of Applicable Requirements. In the case of Contractor’s failure to maintain a safe work area, Owner may (but is not required to) correct the dangerous condition at Contractor’s cost. 4.5(f) Storage On Site. 4.5(f)(1) Owner’s Authorized Representative may, within its sole discretion, permit Contractor to store materials, tools or equipment on the Site. Contractor must strive to minimize the length of time that materials are stored at the Site, and must coordinate with Owner’s Authorized Representative to ensure prompt installation of stored materials. 4.5(f)(2) Contractor is solely responsible for materials, tools and equipment stored at the Site. In the event of loss or damage, Contractor must proceed promptly to make repairs to or to replace the lost or damaged items at Contractor’s cost. Contractor waives all rights of indemnity it might have for loss or damage to materials, tools or equipment stored at the Site caused by Owner’s passive negligence. 4.5(f)(3) Owner will not provide any utilities for storage facilities. Contractor must maintain permitted storage areas in a neat, safe and sanitary condition and in compliance with all Applicable Requirements. By written notice to Contractor, Owner may revoke Contractor’s use of any permitted Stanley Fairgrounds Site Work Section 005200 - 34 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 storage area at any time. In such event, Contractor must remove all materials, tools, equipment, goods and facilities and restore the area to its original condition within three (3) days after delivery of the removal notice. 4.5(g) Hazardous Substances. 4.5(g)(1) For purposes of this Master Agreement, “Hazardous Substance” includes, but is not limited to, substances defined as hazardous substances, hazardous wastes, hazardous materials, toxic substances, or terms of similar import as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, the Resource Conservation and Recovery Act of 1976, the Super Fund Amendments and Reauthorization Act of 1986, the Toxic Substances Control Act of 1976, or any other federal, state or local law, statute, rule or regulation pertaining to the protection of the environment or the health and safety of persons and property. 4.5(g)(2) Contractor must use and store on the Site only the minimum quantities of any Hazardous Substance required for the Work. Contractor must fully comply with all Applicable Requirements regarding the use, storage and disposal of any Hazardous Substance, and must notify Owner and other contractors on the Site if Contractor intends to use any Hazardous Substance. Contractor must promptly cleanup and remove, by approved methods, any Hazardous Substance spilled or otherwise released onto the Site, the ground water under the Site or the air above the Site, by Contractor or others for whom Contractor is responsible. 4.5(g)(3) Upon request, Contractor must promptly provide Owner and any other affected parties with a Materials Safety Data Sheets (“MSDS”), and any other requested information, pertaining to any Hazardous Substance Contractor uses or intends to use on the Site. 4.5(g)(4) If Contractor encounters any Hazardous Substance on the Site it must immediately notify Owner’s Authorized Representative and cease work in the affected area until otherwise instructed by Owner and must follow all directions of Owner with regard to the Hazardous Substance and communication with third parties regarding the Hazardous Substance. 4.5(h) Protection of Property. 4.5(h)(1) Contractor must perform the Work in such a manner that it will not injure, delay or damage any other work performed by Owner or any other contractor. Contractor must take all precautions necessary to protect all work installed by others and any public improvements, including, without limitation stall barns, fences, driveways, sidewalks, graded lots, curbs, and gutters. Vehicles may not be parked in driveways, sidewalks or graded lots except to load or unload materials. Stanley Fairgrounds Site Work Section 005200 - 35 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 4.5(h)(2) In the event that Contractor, its subcontractors, suppliers or others for whom it is responsible cause damage to other work or property, Contractor will bear the costs for correction or repair. 4.5(h)(3) Contractor must follow all orders of Owner’s Authorized Representative with regard to access to the Site and parking and must enter and leave the Site as directed by Owner’s Authorized Representative. It is Contractor’s responsibility to prevent infringement of the rights of enjoyment of adjacent property owners. Contractor acknowledges that it has been specifically instructed to confine all activities to the Site, unless it receives prior written permission from both Owner and the owner of the other property Contractor intends to use. 4.5(i) Emergencies. In any emergency affecting the safety of persons or property, Contractor must take immediate action to prevent or alleviate threatened damage, injury or loss. Contractor must provide Owner with a twenty-four (24) hour emergency phone number at which Contractor can be reached during non- work hours. If Contractor cannot be reached when called, Owner will take all necessary actions to protect life and property, at Contractor’s cost if Contractor is responsible. Contractor’s warranties will remain in effect under all conditions and will not be affected by the work of others during an emergency. 4.5(j) Dust and Erosion Control For Off-Site Construction. If Contractor is performing Work under a Contract for Off-Site Construction, then the following provisions apply: 4.5(j)(1) At all times during construction and until the Completion of Work, Contractor must prevent the formation of any air borne dust nuisance by use of appropriate methods which confine dust particles to the immediate surface of the Site. Contractor must provide its own labor, material and equipment for this dust control work. Dust control must conform to all Applicable Requirements. Contractor must pay any fine imposed on Owner as a result of Contractor’s violation of any dust control standards, regulations or requirements and will also bear any and all costs to Owner (including construction delays) caused by Contractor’s failure to comply with the terms of the paragraph. 4.5(j)(2) At all times during construction and until the Completion of Work, Contractor must prevent erosion of dirt from any and all water sources. Erosion control must conform to all Applicable Requirements. Contractor must provide its own labor, material and equipment for this erosion control work. It is Contractor’s sole responsibility to protect the Work during inclement weather and to repair the Work if damaged following inclement weather at Contractor’s expense until the Completion of Work. Contractor must pay any fine imposed on Owner as a result of Contractor’s violation of any erosion control standards, regulations or requirements and will also bear any and all costs to Owner (including construction delays) caused by Contractor’s failure to comply with the terms of this paragraph. Contractor is responsible for all damages to adjacent properties or improvements as a result of Contractor’s failure to control water or erosion. Stanley Fairgrounds Site Work Section 005200 - 36 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 4.5(j)(3) If Contractor fails to provide adequate dust or erosion control, Owner may suspend the Work, in whole or in part, until Contractor provides adequate dust or erosion control or Owner may provide dust and erosion control at Contractor’s sole cost and expense. Contractor will perform the Work to avoid interference with any and all dust and erosion control measures of Owner or other contractors. Contractor will be responsible for any such interference and will pay all costs, fines or assessments associated therewith. 4.5(k)`Protection of Dust and Erosion Control For On-Site Construction. If Contractor is performing Work under a Contract for On-Site Construction, then the following provisions apply: 4.5(k)(1) Contractor will perform its onsite Work to avoid interference with any and all Dust and Erosion Control measures of Owner or other contractors or to cause violations of any and all Applicable Requirements for Dust and Erosion Control. Failure of Contractor to comply with this provision may result in Contractor being responsible for the payment of any resulting fines or assessments against Owner or other contractors. 4.5(l)`Storm Water Management Plan. The Project is being developed in accordance with a Storm Water Management Plan (“SWMP”) as required by the Colorado Department of Public Health and Environment. The SWMP imposes requirements for the design, implementation and maintenance of Best Management Practices (“BMPs”) to eliminate and/or mitigate all prohibited discharges into storm drains during and after construction of the Project. Contractor will be subject to the SWMP and all BMPs established pursuant to the SWMP. All activities undertaken by Contractor or Contractor’s agents, employees, sub-contractors or representatives or others for whom Contractor is responsible, with respect to the Work must comply with the SWMP and BMPs. The requirements of the BMPs include, but are not limited to, preventing run-off of soil, sand, sediment, oil, gasoline or other hydrocarbons, paint, fertilizers, pool chemicals, other household chemicals and other debris into the storm drains located in the Project. The SWMP affirmatively obligates Contractor to take immediate corrective action whenever there is a violation of the BMPs as to the Work. Penalties include significant fines that will be imposed against Contractor for violation of the SWMP or BMPs. Any violation of the SWMP or BMPs attributable to Contractor shall be the sole responsibility of Contractor, including the obligation to pay any and all fines assessed against Contractor, Owner or the Project attributable to Contractor’s violation. 4.6 Site Conditions. 4.6(a) Verification of Existing Conditions and Warranty. 4.6(a)(1) Prior to beginning the Work, Contractor will carefully examine the Site, all previous work, all adjacent areas that may be affected by the Work, and all Contract Documents (where applicable) and fully satisfy itself as to the nature and location of the Work and fully acquaint itself with all Stanley Fairgrounds Site Work Section 005200 - 37 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 conditions, including subsurface conditions, which in any manner may affect the Work. 4.6(a)(2) Contractor assumes the risk of any variances between the actual conditions and the conditions shown or indicated in the Contract Documents, to the extent Contractor knows or should have known of such actual conditions, unless Contractor provides written notification to Owner prior to start of the Work. In all cases where dimensions are governed by field conditions that are already established, Contractor has full responsibility for correct knowledge of the actual conditions. 4.6(a)(3) If Contractor deems that surfaces or work to which it’s Work is to be applied or affixed are unsatisfactory or unsuitable, written notification of said condition(s) must be given immediately to Owner. By commencement of the Work, Contractor warrants that all related, adjacent or dependent work and materials are acceptable. Contractor is responsible to Owner for all damage or delay in connection with any failure of the Work due to defects or damages in the underlying surface of the Site or previous work by others. 4.6(b) Lines and Grades. If necessary, Owner will provide Contractor with base control points within fifty (50) feet of property lines, and with other lines, benchmarks and reference lines. Contractor acknowledges that as part of its Site inspection, it must verify the extent of such reference points to be supplied by Owner for Contractor’s Work. If reference points are missing or Contractor finds the points inadequate, Contractor must immediately provide written notification to Owner. Absent written notification, Contractor assumes full responsibility for the accuracy of all lines, levels, and measurements and their relation to benchmarks, property lines, and reference lines. In all cases where dimensions are governed by conditions already established before Contractor starts the Work, Contractor has full responsibility for correct knowledge of the actual conditions. No variation from specified lines or grades may be made except on the written direction of Owner’s Authorized Representative. Contractor will bear all costs for correction and associated delay in connection with line or grade deviations unless Contractor can establish that the Engineer’s staking was in error, and the error caused the need for corrective work. 4.6(c) Underground Lines. Contractor is solely responsible to contact the “U.S.A.” Utility Location Service at 1-800-642-2444 for a staked location of all underground utilities prior to starting the Work, if necessary. Contractor is solely responsible for all costs for correction and associated delay in connection with repair of all utilities, marked or unmarked, damaged by it during performance of the Work. 4.6(d) Archaeological Monitoring. There may be archaeologically sensitive zones on the Site. Archaeological monitors may be present on the Site on a full or part time basis. In the event archaeological artifacts are discovered during performance of the Work, the appropriate governmental agency has and retains all right, title and interest to such artifacts and has the right to perform archaeological excavations as deemed necessary. In the event of archaeological examination and related delays of the Work, Contractor will be Stanley Fairgrounds Site Work Section 005200 - 38 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 entitled to an extension of time to complete the Work, subject to Section 4.9. However, Contractor has no claim for damages or compensation for the delay. 4.7 Subcontractors and Suppliers. 4.7(a) List of Subcontractors and Suppliers. Contractor must provide Owner with a list of the names and addresses of all subcontractors and suppliers who are to perform work for and or supply materials to Contractor in connection with the Work. All subcontractors over 5% of the bid total must be listed. Contractor must not make any substitution or addition to the list without first notifying Owner in writing. Contractor is solely responsible to Owner for the performance of its subcontractors and suppliers and their compliance with Applicable Requirements, and the Contract Documents. 4.7(b) Payment of Bills. Contractor must timely pay for all labor, materials, equipment, transportation, and services, including applicable taxes, ordered for or used in the Work by Contractor. If Contractor fails to make any payment, Owner has the right, but not the obligation, to make payment directly to any of Contractor’s laborers, subcontractors or suppliers or for the account of Contractor and to deduct the amount of the payment from any amounts due and owing to Contractor. If the funds payable to the Contractor are not sufficient to cover this amount, Contractor must promptly pay the difference to Owner on demand. 4.7(c) Liens. Contractor must not allow any claim of lien or statutory withholding notice to be recorded against the Site or served against Owner and must provide to Owner, on demand, satisfactory evidence of any payment in dispute. If any lien, notice, claim of lien or any attachment is recorded in connection with the Work, Contractor must cause such lien or attachment to be removed. In the event Contractor fails to have any lien or attachment removed within fifteen (15) days after Owner’s demand, Owner may take whatever actions it deems necessary in order to remove such lien or attachment, at Contractor’s cost (including attorney’s fees and costs incurred by Owner). 4.7(d) Materials and Alternatives. If any items specified in the Contract Documents are discontinued, unavailable, or if Contractor desires to use a suitable alternative, Contractor must notify Owner in writing as soon as possible and must submit a list of alternatives with all necessary information pertaining to specifications, applications, characteristics, warranties, and costs. Owner’s written approval is required prior to installation of any alternative. 4.8 Labor Relations. 4.8(a) Independent Contractor. Contractor is an independent contractor and is solely responsible for payment of all federal and state taxes and insurance and contributions for social security and unemployment taxes, which are based on the wages, salaries or other compensation paid by Contractor to its employees. 4.8(b) No Illegal Aliens. Contractor must employ, and must cause its subcontractors to employ, only American citizens or non-citizens with legal United States work authorizations and at all times must obey all Applicable Requirements concerning the employment of persons at the Site, including without limitation the Stanley Fairgrounds Site Work Section 005200 - 39 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 requirements of the Immigration Reform and Control Act of 1986 and the Immigration and Naturalization Service’s rules and regulations. 4.8(c) Employment and Labor Regulations. 4.8(c)(1) Contractor must comply with all Applicable Requirements concerning equal opportunity employment and warrants that it and its subcontractors and suppliers are equal opportunity employers. 4.8(c)(2) Contractor recognizes that in the performance of the Work, it may be necessary to work side by side with other contractors on the Site who may, or may not, be signatories to collective bargaining agreements with labor organizations. Owner reserves the right to establish a “two gate” system at any time during performance of the Work. Contractor will not be relieved of its obligations to supply sufficient, properly skilled workers to perform the Work without delay or interruption as a result of any labor dispute between Contractor, or any of its subcontractors or suppliers, and their respective employees. Contractor will not be entitled to any adjustment to the Contract Price and must pay any increased costs as a result of any labor dispute involving its own forces or the forces of its subcontractors or suppliers. However, Contractor will be entitled to all direct out-of-pocket expenses reasonably incurred and may seek an extension of time as a result of a strike affecting a trade or product generally, as agreed upon by Contractor and Owner’s Purchasing Department. Contractor represents and warrants, and will provide evidence upon Owner’s request, that neither it nor any of its subcontractors or suppliers are delinquent in making payments or reports to any union fringe benefit trust fund or appears on any delinquency list published by any union fringe benefit trust fund. 4.9 Time of Performance. 4.9(a) Sequencing and Schedule of Project. Contractor acknowledges that Owner has complete control over the timing and sequence of the Project. Owner’s Authorized Representative will provide a Construction Schedule to Contractor. The Construction Schedule will set forth the start date for the Work as well as the date for the Completion of Work and any intermediate milestones. The Construction Schedule is to provide Owner and Contractor with a general framework of the time for Contractor’s performance. The actual schedule will depend on a number of factors such as weather, market conditions and other matters in the discretion of Owner, and Contractor must not proceed with any part of the Work ahead of time designated by Owner without prior written authorization. Owner reserves the right to provide an updated or amended Construction Schedule at any time and Contractor must immediately proceed in accordance with the amended Construction Schedule. Contractor must coordinate its Work with any other contractors so there will be no interference with work of others. 4.9(b) Sequencing of Work. Contractor acknowledges it is responsible to perform all elements of the Work in the proper sequence and the Work in the proper Stanley Fairgrounds Site Work Section 005200 - 40 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 sequence with work of other contractors. Contractor will not proceed with work out of sequence without providing written notification to Owner. 4.9(c) Timely Completion of Work. Contractor must complete the Work in a prompt and diligent manner and achieve the Completion of Work in accordance with the time designated in the Construction Schedule. Contractor acknowledges that failure to meet the Construction Schedule is a material breach of the Contract. If Contractor is behind in the Work or if any portion of the Work is not commenced, performed, finished and delivered at the time established by Owner, Owner may direct Contractor, on forty-eight (48) hours notice, to furnish additional labor and expedite deliveries of material and equipment, at Contractor’s cost. If additional labor is not available, Owner may require Contractor to work overtime or additional shifts (and/or weekends and holidays) to such an extent as will be sufficient to achieve the Completion of Work or any portion of the Work in accordance with the Construction Schedule, all at Contractor’s cost. 4.9(d) Mandatory Overtime. In order to expedite completion of the Project or the Work, Owner may direct Contractor to work overtime. Contractor must work overtime as directed by Owner and, so long as the overtime was not caused by the delay of Contractor, its subcontractors, suppliers or others for whom it is responsible, Owner will pay the actual extra cost of overtime over Contractor’s normal labor rates. Contractor must not mark-up such costs for overhead or profit. Time slips covering overtime must be checked and approved daily by Owner’s Authorized Representative. 4.9(e) Remedies for Delay. Contractor is not entitled to recover from Owner any additional compensation or impact or other damages on account of any delay or disruption to work flow, whether caused in whole or in part by Owner or others. Contractor’s sole remedy for such delay will be an extension of time to perform, which will be subject to Owner’s written approval. Contractor must make any request for an extension of time within three (3) calendar days of the event giving rise to the request. The request must be in writing and reasonably detailed, including without limitation specifying the cause of the delay and the anticipated number of delay days. Contractor’s failure to timely deliver a request constitutes conclusive and no rebuttable evidence that no time extension is due. Section 5. CHANGES TO WORK 5.1 Owner’s Right to Change Work. During the course of the Work, Owner may make changes to the scope of the Work, including additions to and deletions from the scope of the Work. Owner will request a Change Order from Contractor for each change. Owner may also authorize an extension or shorten the time required to perform the Work, and/or change the Work as described in the Scope of Work, by requesting a Change Order from the Contractor or by issuing a FPO to the Contractor describing the Work. Work performed under a Change Order, FPO, or TMA is subject to all of the terms and conditions of the Contract Documents. 5.2 Contractor’s Compensation for Change Order. 5.2(a) Mutually Agreed Upon Change. If a Change Order increases or decreases the scope of the Work, then the Contract Price will be adjusted accordingly as Stanley Fairgrounds Site Work Section 005200 - 41 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 mutually agreed upon by the parties. All mutually accepted changes to the Work and the Contract Price will be fully set forth in a written Change Order signed by both parties. 5.2(b) Proceeding Without Agreement. If the parties cannot agree within five (5) Business Days after Owner delivers the proposed Change Order as to whether any particular work is a change to the Work, or should result in adjustment to the Contract Price, or the amount of the adjustment, Contractor must nonetheless timely perform the alleged changed or extra work, if directed to do so in writing by Owner’s Authorized Representative. If Contractor believes that the Contract Price must be increased because of the changed or extra work, Contractor must submit a written “Notice of Intent to File Claim for Additional Compensation.” within five (5) Business Days after Owner’s Authorized Representative delivers written direction to proceed with the changed or extra Work. Contractor’s Notice must reasonably describe the basis for the requested adjustment to the Contract Price. Contractor must keep and submit to Owner on a daily basis a complete breakdown of all costs incurred for the extra Work, including a labor breakdown by name of person, hours worked, and task performed for each worker performing the extra Work as well as a similar breakdown for all equipment used and copies of all invoices and delivery tickets for materials used. 5.2(c) Requirement of Notice. Contractor’s failure to timely deliver a “Notice of Intent to File a Claim for Additional Compensation”, or maintain and deliver an accurate cost breakdown and supporting documentation, constitutes conclusive and no rebuttable evidence that no changed or extra Work was performed and that no payment for the alleged changed or extra Work is due to Contractor. No notice by Contractor or Owner is required if the change will result in a reduction in the Contract Price. 5.2(d) Calculation of Price Adjustment. In the absence of agreement as to the amount of the Contract Price adjustment to be made for any changed or extra Work, the increase or decrease to the Contract Price will be determined on the basis of: (1) unit prices, if any, set forth in the Master Agreement, unless calculating the adjustment in this manner would be inequitable; (2) Direct Costs plus a mark-up, (any increase or decrease in Direct Costs, as defined in the Master Agreement, plus or minus a mark-up of not more than fifteen percent (15%) for Work performed directly by Contractor and an aggregate of five percent (5%) for Work performed by all tiers of subcontractors, for an aggregate mark-up not to exceed twenty percent (20%)); or (3) the stated price, if the item of Work is separately priced in the Master Agreement. Labor rates in connection with any change are those set forth in the Master Agreement. In any case, Contractor will deliver to Owner information reasonably acceptable to Owner substantiating the claimed adjustment. 5.3 Requirement of Writing. The scope of Work, Construction Schedule and Contract Price may be changed only by a written Change Order, or FPO signed by Owner. This requirement is of the essence of the Contract Documents. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that Owner has been unjustly enriched by any change in the Work, whether or not there is in fact any unjust enrichment, will be the basis for any claim for an increase in the Contract Price. Stanley Fairgrounds Site Work Section 005200 - 42 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 5.4 Contractor’s Compensation for Field Purchase Order (FPO). Contractor will be compensated for any work performed pursuant to the terms and in the amount set forth in the FPO. Section 6. PAYMENTS 6.1 Contract Price. Contractor must perform the Work for the Contract Price set forth in the Contract. The Contract Price covers all costs, foreseen or unforeseen, incurred or to be incurred by Contractor to perform and complete the Work, including without limitation, all applicable labor, materials, payments to subcontractors or suppliers, rental charges, sales, use and other similar taxes, multiple move-ins, communication and copying costs, insurance premiums, taxes, applicable permit fees, testing fees, royalty and license fees, utility charges, guaranties and maintenance bonds required by the Contract Documents, as well as Contractor profit and overhead. 6.2 Changes to Contract Price. 6.2(a) Requested Price Change. If Contractor experiences a change in its cost to complete the Work, Contractor may propose a price increase or decrease to Owner on sixty (60) days’ prior written notice. Contractor must justify any requested price increase with adequate documentation demonstrating an increase in Contractor’s price for labor, materials, supplies, overhead or equipment necessary for completion of the Work. Owner has the sole discretion to accept, reject or modify Contractor’s proposed adjustment. 6.2(b) Price Change Procedure. If after a review of Contractor’s proposed adjustment and documentation Owner approves a price change, a written Change Order will be issued and executed by Owner and Contractor setting forth the new agreed- upon Contract Price. Any adjustment under this Section will apply only to Work to be performed on the project that is begun after the date the Change Order is fully executed. Contractor must complete all Work on the project that was started prior to the date a Change Order is fully executed at the agreed upon Contract Price in effect prior to that date or in a prior Change Order. 6.2(c) Termination of Contract. If Owner and Contractor cannot reach agreement on a new Contract Price, Owner may terminate the Contract, and may terminate this Master Agreement as well, under Section 10.2. Any and all Work not completed on the project that was started prior to the date of termination will continue to be governed by the Contract Documents as if the Contract and/or Master Agreement had not been terminated. 6.3 Payment Terms. 6.3(a) Payment Procedure. Unless otherwise specified in the Contract, Owner will pay Contractor, within thirty (30) days after the date of the receipt of an invoice, accompanied by either a Payment Request Form or a FPO, depending on which payment method applies to the applicable Contract, meeting the criteria set forth in Section 6.4, of the amount which Owner’s Authorized Representative reasonably determines to be due to Contractor under Contracts. Owner may pay any or all billings by joint check, as necessary to protect Owner. Stanley Fairgrounds Site Work Section 005200 - 43 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 6.3(b) Unit Prices. Where the Contract Price is determined based on unit prices, Contractor must keep complete and accurate records of the quantities of all Work performed according to the Bid Forms submitted by the Contractor. 6.3(c) Partial and Final Payment. Owner will make final payment to Contractor of the balance due to it under the Contract thirty (30) days after receipt of Contractor’s final invoice following the Completion of Work and after receipt of documentation, as defined in Section 4.4(b) of this Master Agreement. No partial payment to Contractor will operate as approval and/or acceptance of Work done or materials furnished. Any partial payment or payments made by Owner to Contractor will be subject to final audit and adjustment and Contractor must reimburse Owner in the event there is any overpayment. The acceptance by Contractor of final payment constitutes a release by Contractor in favor of Owner and its surety of any claims and/ or liens against Owner and Owner’s property in any way arising under or by virtue of the Contract Documents, except for written claims in stated amounts submitted to Owner prior to final payment. 6.3(d) Condition Precedent to Payment. As a condition precedent to any payment becoming due, Contractor must previously have provided to Owner: (1) the certificates of insurance (or policies) required under this Master Agreement; (2) Contractor’s employer tax identification numbers and any business licenses that apply to the Work; and (3) evidence of payment to and/or lien waivers and releases from laborers, any applicable union trust fund, subcontractors, suppliers, and others with respect to labor, materials and services furnished to Contractor for the Work, all in a form satisfactory to Owner. 6.4 Billing. 6.4(a) Billing Procedures. For Contracts being administered without using Auto Voucher Procedures, invoices must meet the following criteria: (1) Each invoice must show the following and be accompanied by a Payment Authorization Form:  Project Name  Project Number  Contract Number or FPO Number  Change Order number, if applicable  Pay item number, description of item or draw breakdown invoiced and dollar amount (percentage only will not be accepted).  Name of Owner’s Authorized Representative (2) Necessary lien releases, on Owner’s standard forms with original signatures, invoice numbers, phase numbers from Contractor and all subcontractors and suppliers. (3) Final draw or retention, if applicable, will be billed separately, thirty (30) days after the Completion of Work and receipt of documentation, as defined in Section 4.4(b) of this Master Agreement. Stanley Fairgrounds Site Work Section 005200 - 44 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 (4) All invoices must be submitted for payment no more than ninety (90) days after Completion of Work. No invoices will be paid that are received by Owner more than ninety (90) days after the Completion of Work. (5) Contractor’s certification that (1) all information contained in the invoice is true and correct, (2) Contractor is not aware of any basis for the filing of any mechanic’s lien, materialmens’ liens, stop notices, security interests or other liens in connection with the Work and (3) all due and payable bills have been paid to date, or will be paid with the proceeds of the invoice. 6.5 Payment Offset Rights (“Back Charges”). 6.5(a) Right to Withhold Payment. Owner has the right, but is not required, to deduct from any amounts due to Contractor an amount sufficient to completely protect Owner against any and all Losses arising from Contractor’s breach of this Master Agreement or the Contract, including without limitation the following: (1) defective work not remedied in a timely fashion; (2) the assertion by third parties of any claim or lien against Owner or its surety or the Site arising out of Contractor’s performance of the Work, including claims covered by insurance until the claims are accepted without a reservation of rights by the Contractor’s insurer; (3) unsatisfactory progress by Contractor; (4) failure by Contractor to diligently perform punch-list, clean-up, or warranty work; and (5) damage caused by Contractor to the work or property of Owner or other contractors. If Owner exercises this right in good faith, Contractor is not entitled to any interest whatsoever on the money so withheld regardless of the resolution of the dispute. When the cause for any withholding has been remedied by the Contractor to the Owner’s reasonable satisfaction, the amount of such withholding will be paid. 6.5(b) Offset Against Any Contract. Owner may offset against any payment otherwise due Contractor any sum due from Contractor as a result of a breach of the Contract Documents or any other agreement, which Contractor has or did have with Owner. 6.5(c) Payment by Contractor. If there are no sums due to Owner from Contractor, or the sums are insufficient to cover the amounts owed by Contractor to Owner, Owner will invoice Contractor for the amount due and Contractor must submit payment within thirty (30) days. Interest will accrue at the highest rate permitted by law on any amount not paid in thirty (30) days. 6.5(d) Books and Records. Contractor must maintain full and accurate records and books of account necessary to document: (a) All activities undertaken by or on behalf of Contractor in the course of the Work including without limitation all testing, sampling and other work performed by Contractor, its agents and subcontractors; and (b) except for work for which compensation is entirely on a fixed price basis, all charges, expenses and disbursements paid or incurred by Contractor, its agents and subcontractors in performing the Work. Books of account must be kept in accordance with generally accepted accounting Stanley Fairgrounds Site Work Section 005200 - 45 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 principles consistently applied or in another auditable form agreed to by Owner in advance and in writing. Contractor must make all such books and records available to Owner for inspection and copying upon request during normal business hours for a period of at least five (5) years after the Completion of Work under each Contract. Section 7. WARRANTY 7.1 Requirement of Quality. Contractor warrants to Owner that (a) all materials and equipment furnished by Contractor are new (unless otherwise specified in the Contract Documents) and of good quality, (b) the Work is of first-class workmanship and free from defects and (c) the Work conforms with Applicable Requirements, the Contract Documents, where applicable. Any portion of the Work not conforming to these standards, including any substitutions not properly authorized, is deemed defective. 7.2 Two Year Warranty. Contractor guarantees all materials and workmanship for a period of two (2) years from the Completion of the Work as directed in the Contract. The warranty period for any corrected portion of the Work will be extended until one (1) year after each correction. This special two-year warranty is in addition to other contractual, implied and statutory warranties. Nothing contained herein will be deemed to limit Contractor’s liability for latent or patent defects or any statutory or implied warranties and it has no relationship to the time within which other obligations of Contractor under the Contract Documents may be enforced. 7.3 Correction of Work. As between Owner and Contractor, if any portion of the Work is found to be defective (a) prior to the Completion of Work or (b) during the warranty period, or such longer period of time as may be prescribed by the Contract Documents or Applicable Requirements, then Contractor must promptly repair or replace it to Owner’s satisfaction. Contractor must perform all necessary corrections within the shortest time possible, and must use overtime help and time saving procedures as Owner may require. If Contractor fails to initiate proper corrective action within twenty-four (24) hours after notice from Owner, fails to keep a confirmed appointment with Owner or Owner’s customer, or in the event of an emergency, the problem may be corrected by Owner, at Contractor’s cost. 7.4 Cost of Corrections. Contractor is responsible for all costs arising out of defective Work, including without limitation all costs of detection, correction or delay, Owner’s personnel and other costs allocable to troubleshooting, administration and the like, re-testing and reinspection costs, any consequential or other damages suffered by Owner and the cost of repairing or replacing all other work adversely affected. 7.5 Trained Warranty Personnel. Contractor warrants that it has employees trained or will train employees to perform warranty work. Contractor must provide specific warranty training as directed by Owner, and must provide Owner with a current list of these warranty service providers upon request. Contractor will dispatch ONLY such specially trained individuals to repair or replace Work found to be defective under the terms of the above warranty. 7.6 Product Warranties. Contractor shall provide Owner with copies of all product warranties, which relate to any materials or equipment (collectively referred to as Stanley Fairgrounds Site Work Section 005200 - 46 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 products) installed by Contractor, including all documentation required to be provided to Owner pursuant to Section 4.4(b) above. Section 8. CONTRACTOR’S INDEMNITY 8.1 Defense and Indemnity. To the maximum extent, permitted by law, Contractor shall defend, indemnify and hold harmless the Town of Estes Park and its officers, directors, agents, employees, successors and assigns (collectively, “Indemnity”) from all losses, claims (including, without limitation, personal injury, bodily injury, death of persons or damage to property), demands, allegations, damages, actions, obligations, causes of action, judgments, liabilities, costs and expenses (including, without limitation, attorneys’ fees, investigation costs, disbursements and court costs incurred as a result of such claims or in enforcing this indemnity provision, at trial and on appeal) (collectively, “Indemnity Losses”) arising out of, in connection with, or resulting from: (a) Any breach by or default of Contractor under this Agreement, including, without limitation, the failure of the Work to comply with Contract Documents, deviations in the Work from any plans or specifications provided by Owner; and/or defects in the Work; (b) Any alleged or actual infringement or violation of any trademark, patent, copyright, unfair trade or other intellectual property rights arising in connection with the Work, except where Owner specifies a particular process or product of a particular manufacturer and Contractor does not know, and reasonably should not know, of any infringement or violation; (c) The injury or death of any person (including Contractor’s and its subcontractors’ and suppliers’ officers, directors, agents or employees) or damage to property of any kind (including loss of use) arising out of or in any way connected with any of the following acts or omissions by Contractor, its subcontractors, suppliers or others under the control of Contractor or for whom Contractor is responsible: i. Any willful misconduct or other intentionally wrongful acts; ii. Any acts or omissions giving rise to punitive damages; iii. Any acts or omissions in connection with ownership, maintenance, use (including transport of mobile equipment) or loan to others of aircraft, automobiles or watercraft owned or operated by or leased or loaned to Contractor, its subcontractors or suppliers or others under the control of Contractor or for whom Contractor is responsible; or iv. Any negligent act, error or omission of Contractor, its subcontractors, suppliers or others under the control of Contractor or for whom Contractor is responsible in connection with the Project, including, without limitation, the negligent performance of, or errors or omissions in, the performance or non-performance of the Work. The defense and indemnity obligations in Section 8.1 will apply regardless of whether the event giving rise to the defense and indemnity obligation is caused in part by the negligence (passive or active), breach of warranty or strict liability of Owner, its architect, engineer, or any Indemnity, but will not apply as to Owner or a particular Indemnity if the Loss is caused solely by the negligence or willful misconduct of Owner or that Indemnity, respectively, or solely by defects in designs furnished by Owner. Contractor’s obligation Stanley Fairgrounds Site Work Section 005200 - 47 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 to indemnify under this Section 8 is independent from and in addition to Contractor’s duty to defend. 8.2 Subcontracts. Contractor shall incorporate the provisions of this Section 8 in written contracts with its subcontractors and suppliers. 8.3 Survival. The provisions of this Section 8 shall survive the Completion of Work and the expiration or earlier termination of this Master Agreement and/or the Contract. Section 9. INSURANCE AND BONDS 9.1 Business Auto Liability Insurance and Workers Compensation and Employer’s Liability Insurance 9.1(a) Business Auto Liability Insurance. Contractor and subcontractors must secure and maintain at their own cost Business Auto Liability Insurance in the amount of $1,000,000 each occurrence combined single limit for bodily injury and/or property damage liability, including coverage for: (a) Owned automobiles. (b) Hired or borrowed automobiles. (c) Non-owned automobiles. Contractor must provide a Certificate of Insurance to Owner evidencing such coverage prior to commencing the Work. The Certificate must include endorsements (1) naming Owner, the owner of the Project, and such additional parties as Owner reasonably designates, as additional insureds and (2) providing thirty (30) days’ written notice to Owner in the event of cancellation or material reduction in coverage, except for non- payment of premiums for which notice will be ten (10) days. 9.1(b) Worker’s Compensation and Employer’s Liability Insurance. Contractor and subcontractors must secure and maintain, at their own cost, Worker’s Compensation and Employer’s Liability Insurance for all operations. Worker’s Compensation insurance shall include coverage under the U.S. Longshoremen’s and Harborworker’s Act, if applicable. The Worker’s Compensation insurance shall be in the form and amount required by applicable statute. The Employer’s Liability minimum limits are as follows: (a) $1,000,000 each accident (b) $1,000,000 each Disease - Policy Limit (c) $1,000,000 Disease – Each Employee Contractor and subcontractors must provide a certificate of insurance evidencing such coverage prior to commencing the work. The Worker’s Compensation policy must contain endorsements providing (i) waiver of subrogation in favor of The Town of Estes Park and (ii) 30 days written notice to The Town of Estes Park in the event of cancellation or reduction in coverage, except for non- payment of premiums, for which notice must be ten days. Stanley Fairgrounds Site Work Section 005200 - 48 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 9.2 Certificates. Owner will provide all contractors and subcontractors with appropriate evidence of insurance. A separate policy will be issued to each contractor and subcontractor for workers’ compensation and employer’s liability insurance. General liability insurance will be covered through a master policy. A certificate of insurance will be issued to each covered contractor and subcontractor as evidence of the general liability insurance. 9.3 Contractor’s Responsibilities. Contractors and subcontractors must cooperate with Owner and Owner’s insurance administrator. Contractor’s and subcontractors’ responsibilities include without limitation timely (a) providing necessary contract, operations and insurance information, (b) notifying Owner’s insurance administrator of all subcontracts awarded, (c) maintaining and providing monthly payroll records and other records as necessary for premium computation, for a period of at least one year after the Completion of Work (which Owner and insurance companies may audit periodically), (d) complying with loss control, safety, accident prevention and claims reporting and handling procedures, and other procedures specified in the insurance manual to be provided by Owner, (e) maintaining the OSHA 200 Log to be provided monthly to Owner and (f) notifying their insurance brokers and insurers of the coverage provided and immediately reporting all new subcontractors to Owner for potential enrollment . Contractor’s failure to meet the timely reporting requirements to Owner’s insurance administrator will subject Contractor to paying (as set forth in Section 9.5 below) premiums estimated by Owner’s insurance administrator that may otherwise exceed costs determined from timely reports by Contractor. The procedure for Owner’s estimating Contractor’s premium obligations are as set forth in Owner’s Insurance Manual as may be adjusted from time to 9.4 INSURANCE Contractor must secure and maintain, at its own cost, the following insurance coverage and must provide evidence of such insurance via a certificate of insurance. 9.4(a) Worker’s Compensation and Employer’s Liability Insurance shall be as specified in Section 9.1(b). 9.4(b) General Liability Insurance shall be on an occurrence basis with minimum limits as follows: (a) $1,000,000 – Each Occurrence (b) $2,000,000 – General Aggregate General Liability Insurance must include the following coverage: (i) Independent Contractor’s coverage (liability which Contractor may incur as a result of the operations, acts or omissions of subcontractors, suppliers and their agents or employees); (ii) Blanket Contractual coverage, including both oral and written contracts and including obligations assumed by Contractor under this Agreement (including without limitation, coverage to the maximum extent possible for the indemnification contained in this Agreement); (iii) Personal injury coverage; (iv) Broad Form Propety Damage coverage, including completed operations; Stanley Fairgrounds Site Work Section 005200 - 49 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 (v) An endorsement naming Owner and such additional parties as Owner designates as additional insureds. The endorsement must be ISP Form CG2012 11/85 Edition or its equivalent. The endorsement must cover the acts of subcontractors or suppliers; (vi) An endorsement providing the insurance is primary as respects Owner, and any insurance maintained by Owner is excess and non- contributing; and (vii) An endorsement providing 30 days written notice to Owner in the event of cancellation or reduction of coverage, except for non-payment of premiums, for which notice must be ten days. No endorsement limiting or excluding a standard coverage is permitted. Claims-made coverage or modified occurrence is not acceptable. 9.4(c) Business Auto Liability Insurance shall be as specified in Section 9.1(a). 9.4(d) Additional Insurance. Other insurance, in an amount as specified by Owner in any Contract, if required by Owner for a particular Scope of Services. 9.4(e) Insurance Requirements and Limitations. 9.4(e)(1) Certificates and endorsements in a form reasonably acceptable to Owner demonstrating compliance with the above requirements (or at Owner’s request) certified copies of the actual policies) must be delivered to Owner before Contractor performs any Services. 9.4(e)(2) All insurance specified herein or in contract documents to be furnished by Contractor must be issued by a company or companies, which maintain a full profile rating from AM Best of at least A-VIII unless expressly modified in writing by Owner. 9.4(e)(3) Contractor must maintain all of the above insurance coverage in force until final Completion of Services, or earlier cancellation of this Agreement or termination of any Contract, except that the Professional Liability Insurance must be maintained for a period of three years after said date, and if written on a claims made basis must be retroactive to the date Services were first rendered under this Agreement. 9.4(e)(4) If Contractor fails to purchase or maintain the insurance herein specified, Owner will have the right, but not the obligation, to purchase such insurance on behalf of and at Contractor’s cost. Contractor must deliver all information required to facilitate Owner’s purchase. If Contractor’s insurance does not comply with the above requirements, Town of Estes Park will have the right to charge Contractor any additional premium charged by Owner’s insurer. 9.4(e)(5) The use of self-insured retentions or deductibles for professional liability coverage in excess of $50,000 or self-insured retentions or deductibles in excess of $10,000 for all other coverage required by this Section 9 will not be allowed unless specifically approved by Owner in advance and in writing. Contractor is fully responsible for payment of any self- insured retentions or deductibles, regardless of their amount. Stanley Fairgrounds Site Work Section 005200 - 50 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 9.4(e)(6) The insurance requirements set forth herein will not limit Contractor’s obligations under this Agreement or any Contract. The requirements simply represent the minimum amounts of insurance coverage required to be maintained by Contractor. Any failure by Owner to enforce any of these provisions in a timely manner will not act as a waiver of enforcement of any of the provisions at a later date. 9.4(e)(7) Owner and Contractor waive all rights against each other and subcontractors, suppliers, agents and employees of each other, for damages caused by fire or other perils to the extent covered by property insurance applicable to the Services, but only to the extent that such insurance policies permit such waiver. Each party will obtain a waiver of subrogation endorsement to the policies required to be obtained by it, if applicable. 9.5. Bonds. Prior to the issuance of the Notice to Proceed, Contractor shall furnish to Owner a Performance Bond and a Payment Bond in the amount of the contract price. The bonds must be in a form and executed by a corporate surety satisfaction to Owner. Section 10. TERMINATION 10.1 Termination for Default. 10.1(a) Causes for Termination. Owner, at its option, may terminate Contractor’s right to further perform under the Contract Documents and complete the performance of the Work if Contractor breaches a material provision of the Contract Documents, and such failure or default, if curable, is not corrected within forty- eight (48) hours after written demand by Owner. A material breach includes, without limitation, any of the following: (1) Contractor files, or is the subject of, a petition for bankruptcy, (2) Contractor makes a general assignment for the benefit of its creditors, (3) a receiver is appointed on account of Contractor’s insolvency, (4) a writ of execution or attachment or any similar process is issued or levied against any bank accounts of Contractor, any property or assets of Contractor being used or required for use in the performance of the Work or any substantial portion of any other property or assets of Contractor, (5) Contractor fails to make prompt payment to employees, laborers, subcontractors or suppliers, (6) Contractor refuses or neglects to supply a sufficient number of properly skilled workers or a sufficient quantity of material, (7) Contractor fails to properly and diligently prosecute the Work or (8) Contractor fails to perform the work in accordance with the Applicable Requirements or the Contract Documents. 10.1(b) Completion of Balance of Work. If Owner terminates the Contract under 10.1(a), Contractor will not be entitled to receive any further payment under the Contract Documents until the Completion of Work and expiration of the period in which any lien may be filed. If the unpaid balance of the Contract Price exceeds the expense incurred by Owner to finish the Work, any excess remaining, after deducting any other amounts due Owner under Section 6.5, will be paid to Contractor. If the expense exceeds the unpaid balance, Contractor must immediately pay the difference to Owner. Stanley Fairgrounds Site Work Section 005200 - 51 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 10.1(c) Non-Exclusive Remedy. Owner’s right to terminate Contractor’s right to perform under this Section 10.1 is in addition to and not in limitation of any other rights or remedies existing under the Contract Documents, at law or in equity, including without limitation the right to recover damages from Contractor. Should any competent authority with jurisdiction, whether an arbitrator or a court, determine that Owner’s termination for cause was in error and that Owner was in breach for so terminating Contractor, the termination will be deemed a termination for convenience and Contractor’s remedies will be limited to those provided in Section 10.2. 10.2 Termination for Convenience. 10.2(a) Termination Procedure. At any time and for any or no reason Owner may terminate: (1) any or all of the Contract(s); and, (2) this Master Agreement for Owner’s convenience by written notice to Contractor. Unless the notice directs otherwise, upon receipt of such notice, Contractor must immediately discontinue the Work and the placing of orders for materials in connection with the Work, and if requested, must make every reasonable effort to procure cancellation of all existing orders or subcontracts upon terms satisfactory to Owner, or at Owner’s option give Owner or Owner’s assignee the right to assume and receive all benefits to be derived from those obligations directly. 10.2(b) Contractor’s Compensation. Upon termination under this Section 10.2, Contractor will be entitled, as its sole compensation, to the lesser of: (1) the actual, verifiable direct costs of the Work completed, plus a markup of fifteen percent (15%) aggregate, for Contractor and subcontractors and suppliers of all tiers, on those Costs for all indirect costs, impact costs, field supervision, administration, overhead and profit, or (2) the percentage of Work completed multiplied by the Contract Price, minus (in both clauses (1) and (2)) the amount of any payments made to Contractor prior to the date of termination and any amounts owed to Owner by Contractor under the Contract Documents. Contractor will not be entitled to any claim against Owner for unearned compensation, lost profits, lost opportunities or other damages. 10.3 Suspension. At any time and for any or no reason Owner may suspend the Work for Owner’s convenience by written notice to Contractor. Upon such suspension, Contractor will be entitled to compensation as outlined in Section 10.2 above for termination for convenience. Contractor will not be entitled to recover from Owner, on account of such suspension, any additional compensation or damages which Contractor incurs as a result of the suspension and subsequent start-up. If the Work is suspended, and then recommenced, the time for performance will be extended by the number of days the Work was actually delayed. If a suspension continues for more than one (1) year, Contractor as its sole remedy will have the option of terminating the Contract(s) on thirty (30) days’ written notice to Owner. Section 11. DISPUTE RESOLUTION PROCEDURE 11.1 Disputes. For any and all disputes between The Town of Estes Park and Contractor, the parties will endeavor to resolve all such disputes through good faith negotiations. If the parties are unable to negotiate a mutually acceptable resolution, the parties agree to appoint a third party mediator, Stanley Fairgrounds Site Work Section 005200 - 52 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 whose fees they will split evenly. The parties agree to meet in good faith with the mediator in order to attempt to resolve the dispute. Pending final resolution of any claim, Contractor will proceed diligently with performance of the Work (unless Owner directs otherwise in writing) and Owner will continue to make payments not the subject of the particular dispute in accordance with this Master Agreement and any applicable Contracts. Section 12. CONFIDENTIAL DISCLOSURE 12.1 Information Furnished by Owner. Information and ideas disclosed to Contractor in connection with the Contract Documents at any time in any form (including without limitation, orally, or in Plans, Specifications, software or other materials) which Owner considers proprietary and so indicates to Contractor at the time of disclosure or within a reasonable time after disclosure (“Proprietary Information”) are entrusted to Contractor only for use on behalf of Owner. Contractor must keep Proprietary Information in confidence and must neither use (other than in performance of the Work) nor disclose Proprietary Information except as authorized in writing by Owner. However, Contractor is not liable for use or disclosure of any Proprietary Information which is shown by clear and convincing proof to either have been known to Contractor at the time of receipt from Owner or to be in the public domain. 12.2 Information Developed by Contractor. Information and ideas developed by Contractor under or in the course of performing the Work are owned by Owner and if Owner so indicates to Contractor, such information and ideas will be treated as Proprietary Information in accordance with Section 12.1. 12.3 Ownership and Use of Documents. The Contract Documents are and will remain the property of Owner. Contractor must return or satisfactorily account for all Contract Documents upon termination or expiration of the Contract Documents and the Completion of Work. 12.4 Confidentiality. Contractor must not divulge information concerning the Work (including for example, cost information in applications of permits and approvals) to anyone other than the core team (consisting of Contractor, Owner and their respective authorized consultants, subcontractors and suppliers) without Owner’s prior written consent unless the information has been made public by Owner. Owner reserves the right to release all information as well as to time its release, form and content. Contractor must ensure that each of its employees, agents, subcontractors and suppliers, who now or subsequently are assigned to perform the Work, will comply with the confidentiality obligations set forth in this Section 12. Contractor must include these obligations in written contracts with agents, suppliers and subcontractors. These requirements will survive termination or expiration of the Contract Documents and the Completion of Work. 12.5 Requests for Disclosure. In the event any third party, including a governmental agency, requests verbal or written information from Contractor, Contractor must immediately notify Owner of such request by telephone, with written confirmation within three (3) days. Contractor must oppose any request on such grounds as Owner may have, or as directed by Owner, whether by legal process or otherwise. In such event, Owner will reimburse the reasonable expense of Contractor’s counsel. In the event the request is before any tribunal, Contractor must advise the tribunal of the confidential or privileged nature of the data requested. If Contractor is nevertheless required pursuant to judicial or administrative order to disclose the information, it may do so. Stanley Fairgrounds Site Work Section 005200 - 53 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 Section 13. MISCELLANEOUS 13.1 Notice. Notices or communications with respect to routine performance and administration of the Work must be given by such means as may be appropriate to provide adequate communication, including written confirmation as necessary. All other notices, consents, requests, demands or other communications to or upon the respective parties must be in writing and will be effective for all purposes upon receipt on any Business Day before 5:00 PM local time and on the next Business Day if received after 5:00 PM or on other than a Business Day, including without limitation, in the case of (a) personal delivery, (b) delivery by messenger, express or air courier or similar courier, (c) delivery by United States first class certified or registered mail, postage prepaid and (d) transmittal by telecopier or facsimile, addressed to the parties at their respective addresses, as set out in the Contract or, if before any Contract, at the addresses below the parties’ signatures. A “Business Day” is any day other than a Saturday, Sunday or federal or state legal holiday. 13.2 No Waiver. Waiver by either party of any breach of this Master Agreement will not constitute a waiver of any subsequent breach of the same or any other provision. 13.3 Interpretation. The Section numbers are not part of the Master Agreement and may not be used for any interpretation of the meaning of this Master Agreement. They are supplied solely for convenience in locating provisions of the Master Agreement. 13.4 Governing Law; Severability. The performance and interpretation of the Contract Documents is governed by the internal laws of Colorado. If any provision of the Contract Documents is held to be invalid, in whole or in part, under any applicable federal, state, municipal or other law, ruling or regulation, then that provision will remain in effect to the extent permitted, and the remaining provisions will remain in full force and effect. 13.5 No Assignment by Contractor. Contractor may not assign, by operation of law or otherwise, any of its rights or obligations under the Contract Documents without Owner’s prior written consent, which may be granted or withheld in Owner’s sole discretion. The making of any assignment by Contractor, or any consent to it by Owner, will in no event relieve Contractor, or its surety, of any of its obligations under the Contract Documents. This Section 13.5 does not apply to the subcontracting by Contractor of a portion of the Work, under the Contract Documents. Subject to the above, the Contract Documents are binding upon and will inure to the benefit of the successors and permitted assigns of the parties. 13.6 Independent Contractor. Contractor is an independent contractor, and nothing in the Contract Documents may be construed to create a principal-agent, partnership, employer-employee or other relationship between Owner and Contractor. Contractor is solely responsible for directing, supervising and bearing all costs associated with its officers and employees, including without limitation (a) payroll taxes and health and other benefits and (b) federal and state taxes and insurance and contributions for social security and unemployment which are measured by wages, salaries or other remunerations paid to Contractor’s employees. 13.7 No Third Party Beneficiaries. No provision contained in the Contract Documents creates or gives to third parties any claim or right of action against Owner or Contractor. 13.8 Fair Construction. The Contract Documents must be construed as a whole in accordance with their fair meaning. Stanley Fairgrounds Site Work Section 005200 - 54 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 13.9 Attorneys’ Fees. In any default of the terms and conditions of this Master Agreement, the non- defaulting party shall be entitled to reasonable attorney’s fees and court costs from the defaulting party. 13.10 Early Use By Owner. In its sole discretion, Owner will be permitted to occupy and/or use any portion of the Work, which has been either partially or fully completed by Contractor before the Completion of Work. This use or occupancy will not relieve Contractor of its warranty obligations to make good, at its own expense, any defect in materials, equipment or workmanship. Contractor will not be responsible for the maintenance of such portion of the Work as may be used and/or occupied by Owner, or for any damages whose proximate cause is Owner’s sole negligence or willful misconduct. 13.11 Condition Precedent. A condition precedent to the effectiveness of this Master Agreement is the execution and delivery of a Contract by Owner. 13.12 Survival. Indemnities, insurance requirements, confidentiality requirements, representations and warranties, and other provisions which by their nature are intended to continue after the Completion of Work, will survive expiration or termination of the Contract Documents and the Completion of Work. 13.13 Integration; Amendments. This Master Agreement contains the entire understanding between the parties and supersede any prior written or oral agreements respecting the subject matter of this Master Agreement. There are no representations, agreements or understandings, oral or written, between the parties relating to the subject matter of this Master Agreement, which are not fully expressed in this Master Agreement. No act, usage or custom will be deemed to amend or modify this Master Agreement. This Master Agreement may not be modified or amended except in writing signed by the party against whom enforcement is sought. The parties have executed this Master Agreement as of the Effective Date. OWNER: Town of Estes Park By: ____________________________________________________________________________ Authorized Agent By: ____________________________________________ Authorized Agent Address for Notices: Town of Estes Park 170 MacGregor Avenue Estes Park, CO Stanley Fairgrounds Site Work Section 005200 - 55 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 CONTRACTOR: By:__________________________________________________________________________ Name: _______________________________________________________________________ Title: ________________________________________________________________________ Date: ______________________________ ___________________________________________ Address for Notices: Phone: Fax: Emergency Phone: Contractor’s Tax I.D. No. _______ Stanley Fairgrounds Site Work Section 005200 - 56 Town of Estes Park Master Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 Contractor Contacts: Role Contact Name Phone/E-mail Accounting: Bid Contact: Contract Signer: Owner/Principal: END OF SECTION Stanley Fairgrounds Site Work Section 005205 - 79 Town of Estes Park Construction Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 SECTION 005205 TOWN OF ESTES PARK CONTRACT AGREEMENT THIS AGREEMENT is effective as of the day of , 2013 by and between the Town of Estes Park (TOEP), P.O. Box 1200, Estes Park, Larimer County, Colorado, 80517, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Project Name here Approximate quantities for the major items are as follows: 1. Major item 2. Large item 3. Next items 4. Another item Article 2. PROJECT MANAGER The Project Manager shall be determined by the TOEP Public Works Department, who is hereinafter called PROJECT MANAGER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES The Work must be completed by DATE , 2013, and ready for final payment in accordance with the Contract Documents subject to applicable laws regarding final payment. Stanley Fairgrounds Site Work Section 005205 - 80 Town of Estes Park Construction Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 Article 4. CONTRACTOR PRICE OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the unit prices times the quantities of work actually completed. Unit prices are those shown in the Proposal. Quantities of work actually completed will be determined by the PROJECT MANAGER. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the Contract Documents. Applications for Payment will be processed by the PROJECT MANAGER as provided in the Contract Documents. 5.1 Progress Payments; Retainage. OWNER shall make progress payments per the Town’s Annual Vendor Payment Schedule on account of the Contract Price on the basis of CONTRACTOR's applications for Payment as recommended by PROJECT MANAGER, as provided by the Contract Documents during construction as provided in paragraphs 5.1.1 and 5.2 below. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in accordance with the Contract Documents. a. Ninety-five percent (95%) of Work completed (with the balance being retainage). b. Ninety-five percent (95%) with the balance being retainage of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in the Contract Documents). 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the Contract Documents, OWNER will publically advertise the Project Completion as required by Section 38-26- 107 C.R.S. Should no claims be filed, the OWNER shall pay the remainder of the Contract Price as recommended by PROJECT MANAGER as provided in the Contract Documents. Article 6. INTEREST Final payment will be made in accordance with the Town’s Annual Vendor Payment Schedule. All moneys not paid when due as provided in the Contract Documents shall bear interest at the rate of 10% per annum compounded monthly. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda(s)) and the other related data identified in the Bidding Documents including "technical Stanley Fairgrounds Site Work Section 005205 - 81 Town of Estes Park Construction Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 data". 7.2 CONTRACTOR has reviewed the site, and become familiar with, and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance or furnishing the Work. 7.3 CONTRACTOR acknowledges it knows, understands, and accepts all plans, specifications, and design intent of the Work. 7.4 CONTRACTOR acknowledges it has met with the Project Manager and has been in correspondence with the Project Manager and has sought and received clarification of all issues concerning construction and design. 7.5 CONTRACTOR assumes full responsibility and obligation for high quality workmanship and timely completion of this project as illustrated by the plans, drawings, and specifications. 7.6 CONTRACTOR understands that it may make on-site layout and grading and construction modifications to achieve the desired intent. Such modifications/grading changes and layout cost are already included in the Contract Documents. 7.7 CONTRACTOR understands and acknowledges that this Agreement is a performance based Agreement, either based on: 1) unit prices 2) maximum lump sum amount: totaling $ dollar value here that shall not be exceeded or increased, except for contract changes allowed, agreed, and approved in writing. 7.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a final product acceptable to OWNER. 7.9 CONTRACTOR shall indemnify, save and hold harmless the OWNER from all damages, claims, and judgments whatsoever (including costs, legal fees, and expenses incurred by the OWNER related to such damages or claims) to the OWNER or claimed by third parties against the OWNER, arising directly or indirectly out of CONTRACTOR'S negligent performance of any of the requirements, provisions, or services furnished under this Agreement. 7.10 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance of furnishing the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by the CONTRACTOR for such purposes. 7.11 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the Stanley Fairgrounds Site Work Section 005205 - 82 Town of Estes Park Construction Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 other terms and conditions of the Contract Documents, including specifically the provisions of the Contract Documents. 7.12 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 7.13 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consisting of the following: 8.1 This Agreement 8.2 Exhibits to this Agreement 8.3 Notice of Award 8.4 Notice to Proceed 8.5 Information for Bidders 8.6 Master Agreement 8.7 Project Manual 8.8 Drawings bearing the title: Project name here 8.9 Addenda (s) 8.10 Contractor’s Bid. (Bid Proposal, Bid sheet & Appendix) 8.11 Bid Bond 8.12 Performance & Payment Bond 8.13 Drawing or Plans (including CDOT and Larimer County documents as referenced) 8.14 Technical Specifications and Details. 8.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.16 Change Orders (post approval signatures) 8.17 Insurance Certificate, Business License, Tax Certification. 8.18 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents. The documents composing the Contract Documents are made part hereof (except as expressly noted otherwise above). Contractor is required to comply with applicable federal, state, and local safety and health laws, regulations and ordinances. There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract Documents. In case of conflicting provisions, requirements or discrepancies the order of application of the Contract Stanley Fairgrounds Site Work Section 005205 - 83 Town of Estes Park Construction Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 Documents is as follows: 1. Change Orders for clarification of drawings 2. This Agreement 3. Addenda 4. Drawings 5. Master Agreement 6. Project Manual Article 9. MISCELLANEOUS 9.1 Reference to the Contract Documents shall include modification thereto by any Supplementary Conditions issued. 9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and 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 the Contract Documents. 9.3 Except for the intended beneficiaries of any "Payment Bond" executed in conjunction with this Agreement, nothing in this Agreement shall be construed to give any rights or benefits by virtue of this Agreement to anyone other than OWNER and CONTRACTOR, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sale and exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party. 9.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.5 In the event of default of any of the provisions of this Agreement by either party which shall require the party not in default to commence legal actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs, including fees of experts, incurred because of the default. Additionally, CONTRACTOR shall indemnify the OWNER for legal expenses and costs incurred by the OWNER by reason of claims filed by suppliers, subcontractors or other parties, against the Retainage held by the OWNER where the OWNER has paid such sums to the CONTRACTOR. 9.6 The OWNER has appropriated sufficient funds to pay the contract price 9.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any Law or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.8 Colroado Governmental Immunity Act. The parties hereto understand and agree that the TOWN and its officers, employees, volunteers, and agents are relying on, and do not waive or intend to Stanley Fairgrounds Site Work Section 005205 - 84 Town of Estes Park Construction Agreement BID FORM AND INSTRUCTIONS 121126 December 12, 2012 waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time-to-time amended, or otherwise available by any other provision of law. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and PROJECT MANAGER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by PROJECT MANAGER on their behalf. This Agreement will be effective as provided on the first page hereof. TOWN OF ESTES PARK By: ______________________________ By: __________________________ William C. Pinkham Title: ____________________________ Title: ________________________ (If CONTRACTOR is a corporation attach evidence of authority to sign.) Attest: __________________________ Attest: ______________________ Address for giving notices: Address for giving notices: 170 MacGregor Avenue P. O. Box 1200 Estes Park, Colorado 80517 970-577-3586 Stanley Fairgrounds Site Work Section 006235 - 85 Town of Estes Park Application for Payment BID FORM AND INSTRUCTIONS 121126 December 12, 2012 SECTION 006235 APPLICATION FOR PAYMENT FORM Stanley Fairgrounds Site Work Section 006235 - 86 Town of Estes Park Application for Payment BID FORM AND INSTRUCTIONS 121126 December 12, 2012 Town Attorney Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Gregory A. White, Town Attorney Date: May 23, 2013 RE: Memorandum of Understanding Between the Town of Estes Park and the Estes Park Housing Authority Background: This Memorandum of Understanding is for the purpose of clarifying, in writing, the services being provided by the Town to the Estes Park Housing Authority (“EPHA”). The Town shall provide the following to EPHA: • Office Space, including utilities and phone service • IT Services • Legal service by the Town Attorney up to a maximum amount of $10,000 annually • Copier and fax services • Access to Town benefits • Considering Annual Funding Requests through the Town’s Community Service Grant Program The EPHA is responsible for: • All office supplies, equipment and computers • All legal services for landlord/tenant and regulatory issues • Other legal advice if the Town Attorney is not available • Administrative fee for administering Town Benefits Either party may terminate the MOU with 180 days notice prior to the end of any calendar year. All requirements for funding by the Town are subject to the annual appropriations in the Town’s annual budget. The MOU provides for annual review of the terms and conditions of the MOU by the Administrative Staffs of the two parties. Page 2 Budget: Financial responsibilities of the Town in the MOU are currently budgeted for 2013. Staff Recommendation: The Town Staff recommends approval of this MOU. Sample Motion: I move to approve/deny the Memorandum of Understanding between the Town of Estes Park and the Estes Park Housing Authority as presented. Draft #2, 03/27/13 1      MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF ESTES PARK AND THE ESTES PARK HOUSING AUTHORITY THIS MEMORANDUM OF UNDERSTANDING (“MOU”), is effective this ____ day of ___________, 2013, by and between the ESTES PARK HOUSING AUTHORITY (“EPHA”) and the TOWN OF ESTES PARK (the “TOWN”), a municipal corporation. RECITALS THE ESTES PARK HOUSING AUTHORITY was formed by the Town of Estes Park on April 7, 1993 through resolution #15-93. THE ESTES PARK HOUSING AUTHORITY’S mission Statement is: ‘ In order to create a balanced and sustainable community, the Estes Park Housing Authority creates and facilitates housing opportunities for low to moderate income households.’ THE ESTES PARK HOUSING AUTHORITY having been formed by the Town of Estes Park, is charged to regularly investigate, research and monitor on an ongoing basis the local housing market conditions, needs and gaps: to make recommendations, offer solutions and fill the housing needs as they arise in order to meet the housing needs of the Estes Park community. The EPHA, develops and manages housing projects and programs for the residents of the Park R3 school district.   The TOWN has provided continual financial and administrative support to assist EPHA in providing affordable housing services to area residents. EPHA and the TOWN wish to clarify and document the level of anticipated support given to EPHA by the TOWN. IN CONSIDERATION OF THE FOREGOING RECITALS, WHICH ARE INCORPORATED HEREIN, the TOWN and EPHA agree as follows: 1. Office Space. The TOWN agrees to provide, free of charge, office space to EPHA. The location and size shall be determined by the TOWN after consultation with EPHA. The TOWN will make reasonable efforts to Draft #2, 03/27/13 2    accommodate EPHA, but offers no guarantee of its ability to provide office space. The TOWN agrees to furnish, at no cost to EPHA, electric, heat, water, and telephone services and telephone for the office space. EPHA is responsible for its office furniture, supplies, equipment and computers. In the event office space is not available in Town facilities due to Town needs, EPHA shall be responsible for its own office space, including utilities. 2. IT (Information Technology) Services. The TOWN agrees to furnish, free of charge, networking connectivity services for the use by the EPHA at the office space provided by the TOWN. 3. Mail Services. The TOWN agrees to permit the EPHA to utilize the PO Box of the TOWN (PO Box 1200) and to receive and send mail from the Town Hall location or other location as the TOWN designates. 4. Legal Services. The TOWN agrees to pay for legal services provided by the Town Attorney up to an annual maximum amount of $10,000. EPHA agrees to only use the Town Attorney on a limited basis and not for any legal matters regarding tenants, evictions, and regulatory issues. EPHA has utilized, and will continue to utilize, outside attorneys for these listed issues. EPHA is solely responsible for all fees charged by said outside counsel. EPHA agrees to refer any matter to outside counsel which the Town Attorney, in his sole discretion, determines that it is not appropriate for the Town Attorney to provide legal advice to EPHA. 5. Copier and Fax Services. The TOWN agrees to allow EPHA to utilize copier and fax services. EPHA agrees to pay for copies and paper. 6. Annual Funding. The TOWN agrees to consider an annual funding request through its Community Services Grant. EPHA agrees to continue to attempt to reduce its annual request for funding. The TOWN makes no guarantee that any funds will be allocated to EPHA. 7. EPHA Employees Benefits Plan. To the extent permitted by law and the terms of third party provider agreements, the TOWN shall allow EPHA employees to be covered for all current Town benefits (medical, dental, vision, EAP, health club, flex plans, etc.). EPHA shall reimburse the TOWN for all costs of the benefits for EPHA employees plus an administrative fee equal to 3% of the medical benefits for the management and administration of those services. EPHA understands and agrees that the TOWN shall not be responsible for any human Draft #2, 03/27/13 3    resource/personnel matters as part of its provision of the benefits. Neither EPHA nor its employees shall seek advice or counsel from the TOWN with regard to any human resource/personnel issues concerning EPHA employees. EPHA specifically waives any claim against the TOWN and any individual employee, consultant, agent, or volunteer of the TOWN for any act or omission in the performance or non-performance of its benefit processing and administrative services for EPHA employees. 8. Annual Appropriation. EPHA acknowledges and agrees that any requirements for future appropriations by the Town to provide funding and/or services to EPHA shall constitute only currently budgeted expenditures of the Town. No provision of this MOU shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of the Town. No provision of this MOU shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of the Town within the meaning of any constitutional or statutory debt limitation. This MOU shall not directly or indirectly obligate the Town to appropriate funds beyond the Town’s then current fiscal year. 9. Notice. Any notice required or permitted by this MOU will be deemed effective when personally delivered in writing or three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified, and return receipt requested, and addressed as follows: Estes Park Housing Authority Town of Estes Park Attn: Executive Director Attn: Town Administrator P O Box 1200 P O Box 1200 Estes Park, CO 80517 Estes Park, CO 80517   10. Annual Review. The Parties agree to meet, through their administrative staffs, to discuss the terms and conditions of this MOU, any future issues, any other issues needed to be addressed in this MOU, and make recommendations to the Board of Trustees and the Housing Authority Commissioners for any appropriate amendment to this MOU. 11.  Entire Agreement. This MOU embodies the entire agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this MOU supersedes all previous communications, representations, or agreements, either verbal or written, between the Parties. Draft #2, 03/27/13 4    This MOU may not be modified or amended except by written agreement of the parties. 12. Termination. Either party may terminate this MOU upon one hundred eighty (180) days written notice prior to the end of any calendar year. Said termination shall be effective as of the last day of the applicable calendar year. 13. Governmental Immunity. The Parties understand and agree that each party is relying on and does not waive, by any provision of this MOU, the monetary limitations, terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time amended, or otherwise available to the Parties or any of their officers, agents or employees. ESTES PARK HOUSING AUTHORITY TOWN OF ESTES PARK By: ____________________________ By: _________________ ATTEST: _____________________ Town Clerk To: Honorable Mayor Pinkham Town Board of Trustees Town Administrator Lancaster From: Bo Winslow, Community Services Director Date: May 28, 2013 RE: Ordinance #08-13– Lease Agreement with Lions Club for Concession Stand Background: This Lease Agreement is for the Lions Club to lease Town property and also allow for the operation of the Concession Stand at the Fairgrounds at Stanley Park. This lease has been reviewed by Attorney White and the Lions Club Attorney and all parties are in agreement of the content of the document. Budget: Budgeted revenues in the 2013 Fairgrounds and Events Budget is $12,000 for the Lease Agreement. Staff Recommendation: Staff recommends approval of Ordinance #08-13 Lease Agreement with the Estes Park Lions Club for the Concession Stand operation at the Fairgrounds at Stanley Park. Recommended Motions: I recommend approval/denial of Ordinance #08-13 as presented. Memo Community Services ORDINANCE NO. 08-13 AN ORDINANCE APPROVING A LEASE AGREEMENT FOR THE CONCESSION STAND AT THE FAIRGROUNDS AT STANLEY PARK TOWN OF ESTES PARK, COLORADO WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is appropriate to enter into a lease agreement with the Lions Club of Estes Park for the concession stand at the Fairgrounds at Stanley Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, as follows: 1. The Lease Agreement for the Concession Stand at the Fairgrounds at Stanley Park between the Town of Estes Park and the Lions Club of Estes Park, Exhibit A, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. The officials of the Town of Estes Park are hereby authorized to execute the Lease. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2013. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2013, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of , 2013. Town Clerk 1 LEASE THIS LEASE, made and entered into this _____ date of _________, 2013, between the TOWN OF ESTES PARK, municipal corporation, hereinafter referred to as Lessor, and the LIONS CLUB OF ESTES PARK, COLORADO, a Colorado Nonprofit Corporation, hereinafter referred to as Lessee. WITNESSETH: Lessor, for and in consideration of the covenants and agreements hereinafter set forth, to be kept and performed by Lessee, has leased and does hereby lease unto Lessee all those premises, situate in the Town of Estes Park, County of Larimer, State of Colorado, known and described as follows to-wit: SEE EXHIBIT A attached and made a part hereof – The bordered areas on the attached Exhibit A, including the grandstand area and the hardsurface area south of the grandstand, are for the exclusive use of the Lessee as a food and beverage area and shall be referred to as the “Concession Area”. TO HAVE AND TO HOLD, the above described premises with the appurtenances, unto Lessee from June 1, 2013 through June 30, 2014, and Lessee in consideration of the leasing of said premises aforesaid by Lessor to Lessee, covenants and agrees with Lessor as follows: 1. To pay to Lessor, as rent for said premises, ten percent (10%) of the gross sales from the operation of Concession Area for events scheduled at Stanley Park Fairgrounds by the Town of Estes Park through the Estes Park Fairgrounds Director. “Season” shall be defined as June 1, 2013 and ending September 15, 2013. For the purposes of this Lease, Gross Sales shall be the total amount of funds realized from all sales of food and beverages from the Concession Area for such events, less sales tax, sales tax license fee, event liquor license fees, food license fee, liquor liability insurance and an amount equal to the annual license fees paid to the Town of Estes Park and the State of Colorado for the 3.2% beer license attributable to such events. Said rent shall be due and payable to the Estes Park Fairgrounds Director on or before the 1st day of December, during the term hereof. 2. To keep complete and accurate records of Lessee’s operation of the Concession Area and make them available to the Town of Estes Park upon request. In addition, a table of calculations shall be submitted showing the amount due the Town of Estes Park. A schedule showing Gross Sales for each event shall also be presented with the lease payment. 3. To be liable for repairs and maintenance of all items identified as property of the Lions Club of Estes Park, except Lessor will be liable for all damage which occurs as a result of frozen and/or burst water pipes. Lessor shall be liable for repairs and maintenance of all other equipment identified as property of the Town of Estes Park. In addition, the Lessor agrees to pay for maintenance of the interior and exterior of the building in accordance with structural codes and health standards. All improvement inside the Concession Area shall be approved by Fairgrounds Management. (This includes but is not limited to permanently mounted items, painting, removal of permanently mounted items, general maintenance etc…) A. Prior to the first event of the Season, Lessor and Lessee will perform a joint walkthrough of the building within the Concession Area in which Lessee’s equipment resides (“Concession Stand”). Such walkthrough will occur within seven days of notice provided by Lessee to Lessor. Following the last event of the Season, the Lessee has the right to winterize the Lions Club equipment as noted in Exhibit B (Paragraph 7).Lessor acknowledges that winterization may make such equipment unusable. Following such winterization, Lessor and Lessee will perform a joint walkthrough of the Concession Stand. Such walkthrough will occur within seven 2 days of notice provided by Lessee to Lessor and within five business days of any 3rd party use of the Concession Stand. 4. To keep the Concession Stand and adjacent table areas safe and clean and in such order as may be required by the regulations of any governmental authority having jurisdiction over the area identified in Exhibit A. This will include the picnic tables and surrounding area. Lessor acknowledges and agrees that Lessee shall have no liability for the safety and cleanliness of areas and equipment used by 3rd party vendors which are not under a 3rd party agreement with Lessee. Lessee shall place all trash and recycle from Concession Stand in rolloff container or recycle area provided by Lessor. 5. Not to alter the structural integrity of the building in any manner, except with the Lessor’s written consent. 6. To allow Lessor or its agents to have free access to the Concession Stand and adjacent storage areas for the purposes of examining or inspecting the condition of the same or the operation of the Concession Stand. 7. To furnish to Lessor a written physical inventory of the equipment presently located in the Concession Stand (Exhibit B attached and made a part hereof). Lessee shall keep said inventory current by written notice to Lessor, whenever there are any additions to equipment. A. Third-party use of the Concession Stand, including Lessee’s equipment noted on Exhibit B hereof, is subject to written permission of Lessee at Lessee’s sole discretion. Requests for 3rd party use of the Concession Stand must be presented in writing to Lessee no less than three weeks prior to such requested use. 8. Lessee agrees to procure and maintain during the term of this Lease, the following insurance coverages: A. Comprehensive General Liability and Automobile Insurance of at least $350,000.00 per injury and $990,000.00 per occurrence. B. Liquor Liability Insurance for the sale of all alcoholic beverages sold by Lessee of at least $350,000.00 per injury and $990,000.00 per occurrence. C. The Lessee and the Lessor understand and agree that the Town is relying on, and does not intend to waive, by any provision of this Lease, the monetary limitations (presently $350,000.00 per injury and $990,000.00 per occurrence) 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 Town or any of its officers, agents or employees. D. The Town shall be named as an additional insured on said policies. 9. It is agreed by the parties hereto: A. All equipment owned by the Lessor, all improvements, and all fixtures and equipment shall become the property of Lessor when permanently placed or affixed in the Concession Area, and said improvements fixtures and equipment shall be insured at the Lessor’s expense. B. Lessee shall have the exclusive concession for the sale of all food and drink for the Concession Area and for the hard surface area to the south of the 3 grandstand, as described on Exhibit “A”, during the term of this Lease. The Lessor specifically reserves the right to allow or license other concessionaires on the Stanley Park grounds other than the area specifically described on Exhibit “A C. Lessee shall operate said Concession Stand at events scheduled at the Fairgrounds at Stanley Park as requested by Lessor. Lessor will provide Lessee a schedule of events for the Season at least three weeks prior to the start of the first event of the Season. (A preliminary schedule of events shall be given to Lessor by April 1st). Changes to the scheduled dates of previously scheduled events under this paragraph that effect the operation of the Concession Area or require the services of the Lessee will be presented to the Lessee three weeks prior to event. Lessee will contact each event manager or renter of the grounds a minimum of three weeks prior to event or within three business days of receiving notice of a change, whichever is less, to determine hours of operation and discuss any other special needs. Lessee shall provide Lessor hours and needs discussed with event manager. For events that have additional food concessions, hours of operation can be negotiated with the Fairgrounds Director. D. Lessor agrees that any arrangement it may enter into with Coke, Pepsi or any other non-alcoholic beverage vendor will provide for vendor delivery to the Concession Stand of any order of at least 10 cases of product. Lessor shall negotiate all non alcoholic beverage agreements unless agreed upon by both parties in writing. E. In the event of a default by either party in the terms and conditions hereof, the non-defaulting party shall give the defaulting party ten (10) days’ notice in writing of said default. If said default is not cured within said ten (10) day period, the non-defaulting party shall be entitled to begin legal proceedings, including an action for specific performance and/or damages or terminate the Lease. Damages shall include all reasonable attorney’s fees and court costs incurred by the non-defaulting party. F In the event that changes occur which materially affect the operation of the Concession Area, either party shall have the option to request that this Lease be renegotiated. G. Lessee may operate the Concession Stand as an offsite catering kitchen and shall pay Lessor 5% (five percent) of Gross Sales (as defined in Paragraph 1). 10. Lessee understands and agrees that it is an independent contractor under the terms and conditions of this agreement. As such, the Lessee is not entitled to unemployment or insurance benefits through the Town. Also, the Lessee understands and agrees that it is solely responsible for all Federal and State income tax, FICA taxes and unemployment insurance taxes. Lessee also understands and agrees that it is responsible for worker’s compensation coverage and taxes for itself and any employee. 11. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid as follows: LESSOR LESSEE Town of Estes Park Lions Club of Estes Park, CO Attn: Fairgrounds Director P. O. Box 2016 P. O. Box 1967 Estes Park, CO 80517 Estes Park, CO 80517 4 12. Lessee shall have the right to rent, sublease or grant concessions (food and beverage only) to any third party for all or a portion of the Concession Area with the prior written consent of the Lessor. Such consent shall not be unreasonably withheld and Lessor shall reply to Lessee’s request within three business days. Any funds collected by Lessee in regards to this paragraph shall be included in the rent calculation specified in Paragraph 1. 13. Lessee shall have the right to have two storage units on Fairgrounds property. Each unit shall be in area approved by Fairgrounds Director and shall be no larger than 10 x12. Maintenance of each unit shall be responsibility of Lessee. Storage units shall be finished in a manner that meets the design criteria set forth in the Stanley Park Master Plan. 14. Upon termination of this Lease, Lessee shall be entitled to remove all of its personal property from the Concession Stand. Lessee will be responsible for repairing any damage to Lessor’s personal property caused by removal of Lessee’s personal property. 15. This Lease may be terminated by either party with 90 days written notice. 16. All other leases between Lessor and Lessee executed prior to the date of execution of this Lease shall be null and void effective June 1, 2013. IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. LESSOR TOWN of ESTES PARK, COLORADO By:____________________________ Mayor ATTEST: __________________________ Town Clerk LESSEE LIONS CLUB OF ESTES PARK, COLORADO By:__________________________________ President ATTEST: ____________________________ Secretary