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Home My WebLink About2020 BOARD OF TRUSTEES RESOLUTIONS. RESOLUTION NO.20-01 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, DESIGNATING THE POSTING LOCATION FOR NOTICE OF MEETINGS OF THE BOARD OF TRUSTEES AND ALL OTHER LOCAL PUBLIC BODIES OF THE TOWN • • WHEREAS, C.R.S. § 24-6-402 (2)(c) requires that the Board of Trustees annually designate at �he Board's first regular meeting of each calendar year the public place for posting of notice for the meetings of the Board of Trustees and other local public bodies of the Town; and WHEREAS, local public body means any municipality, board, committee, commission, authority, or other advisory, policy -making or formally constituted body of the Town; and WHEREAS, with the goal of having local governments transition from the posting of notices at a fixed physical location the legislature amended the Open Meetings Law last year to permit the posting of meetings of local public bodies upon a public website no less than twenty- four hours before the meeting; and WHEREAS, the legislature further declared that such posting on a public website would constitute full and timely notice of a public meeting and that it would monitor the transition over the next two years with the goal of having notice of all public meetings posted online. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. Pursuant to C.R.S. § 24-6-402 (2)(c), notice of meetings of the Board of Trustees and other local bodies of the .Town shall be posted at the front entrance window of the Firestone Town Hall, 151 Grant Ave., Firestone, CO, 80520. 2. Pursuant to C.R.S. § 24-6-402 (2)(c) (III) notices of such meetings may also be published no less than twenty-four hours prior to the holding of such meetings on the Town's website (www.firestoneco.gov) which serves all local public bodies of the Town. INTRODUCED, READ AND ADOPTED this8ir0ay of., , 2020. o �t SOL i o - ............. O ATTEST: GOWN `�G e ica Koenig, T Clerk Tq�VN OF STONE, COLORADO B4ismasil, • L7 • i • APPROVED AS TO FORM: r William TNyashi, Town Attorney • • RESOLUTION NO.20-02 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ADOPTING THE THREE MILE PLAN FOR THE TOWN OF FIRESTONE, COLORADO WHEREAS, pursuant to Section 31-12-105(l)(e), C.R.S. prior to the completion of any annexation within a three-mile area outside of the municipal boundaries of a municipality ("Three Mile Area"), a municipality is required to have in place a plan ("Three Mile Plan") which generally describes the proposed location, character and extent of certain public facilities, located within the Three Mile Area; and; WHEREAS, the Town of Firestone has enacted, adopted and approved the various plans, documents, ordinances and resolutions (collectively "Plans") listed on "Exhibit A," attached hereto and incorporated herein; and WHEREAS, the Town Board has determined that the Plans, when considered together as a whole, adequately comply with the requirements of state law for the Three Mile Plan for the Town of Firestone; WHEREAS, to ensure that future annexations by the Town of Firestone are completed in compliance with the provisions of state law, the Town Board, by this Resolution, desires to formalize its understanding and intention that the Plans serve as the Three Mile Plan for the Town of Firestone; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Plans, as described in "Exhibit A," attached hereto and made a part of this resolution, when considered together as a whole, shall constitute the Three Mile Plan for the Town of Firestone required pursuant to Section 31-12-105(1)(e)(I), C.R.S. (the "Three Mile Plan"). Section 2. The Three Mile Plan is hereby adopted. Section 3. The Three Mile Plan shall be reviewed and revised as may be necessary or advisable, and shall be updated annually, and additional plans may be added to the Three Mile Plan from time to time, as they are developed and adopted. [SIGNATURES ON FOLLOWING PAGE] 1 INTRODUCED, READ AND ADOPTED this $th day of January, 2020. n(md esTOWN OF FIRESTONE, COLORADO Gil bi Sin ar, Mayor ATTEST: A *%A�'e, V/ J jca Koenig, Towerk z D AS TO FORM: Willia ayashi, Town Attorney • E . EXHIBIT A • TOWN OF FIRESTONE THREE MILE AREA PLAN ELEMENTS Documents as may be amended from time to time: ■ Town of Firestone Municipal Code ■ Town of Firestone 2013 Master Plan ■ Town of Firestone Development Regulations ■ Sump Basin Master Drainage Plan ■ South Weld 1-25 Corridor Master Drainage Plan ■ Town of Firestone Design Criteria & Construction Regulations ■ Town of Firestone Parks Design Criteria Manual ■ Town of Firestone Raw Water Irrigation System Master Plan ■ Town of Firestone Potable Master Plan ■ Ordinance 916 - Residential Development Impact Fees & Funds 41 RESOLUTION NO.20-03 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT WITH THE NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE, FOR PARTICIPATION IN THE NORTHERN INTEGRATED SUPPLY PROJECT WHEREAS, the Northern Integrated Supply Project Water Activity Enterprise (the "NISP Enterprise" or "NISP") is a government -owned business within the meaning of Article X, § 20(2)(d) of the Colorado Constitution, organized pursuant to C.R.S. §§ 37-45.1-101 et seq., which is owned by the Northern Colorado Water Conservancy District; and WHEREAS, NISP is a complex regional water supply and storage project that will be developed over time by the NISP Enterprise for the purpose of providing water supply, water storage, and related benefits to the participants that elect to participate in NISP; and WHEREAS, NISP has been and will be developed in multiple phases over a period of time; and WHEREAS, NISP Phase 1 includes the pre -construction elements and actions for NISP, including but not limited to acquisition of certain assets, such as (i) real property and other assets for NISP reservoir sites and associated facilities, (ii) stock in or other agreements with mutual ditch companies, irrigation companies, water companies and water users' associations, and (iii) real property or interests in real property associated with the use of such stock or other agreements ("NISP Phase 1 Assets"), and operation, maintenance, and improvement costs for the NISP Phase I Assets; and WHEREAS, the Town of Firestone (the "Town") has a substantial investment in NISP to date; and WHEREAS, the Town and the NISP Enterprise desire to enter into a NISP Phase 1 Agreement to provide funding for NISP Phase 1 activities and to define the Town's current rights and obligations in NISP; and WHEREAS, approval of this NISP Phase 1 Agreement assures the Town of its ability to participate in NISP Phase 1 activities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The NISP Phase I Agreement between the Town of Firestone, acting with and on behalf of the Firestone Water Activity Enterprise, a government -owned business within the meaning of Article X, § 20(2)(d) of the Colorado Constitution, organized pursuant to C.R.S. §§ 37-45.1-101 . et seq., and owned by the Town, and the Northern Integrated Supply Project Water Activity Enterprise is approved in a form substantially similar to the one attached hereto and made a part of this resolution as Exhibit A. The Mayor is hereby authorized to execute the NISP Phase I Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this?)*ay of , 2020. TOWN OF FIRESTONE, COLORADO 44w %, -�& B bi Sind ar, Mayor ATTEST: Koenig, To APPRgqD AS TO FORM: Willi ".ayashi, Town Attorney • 0 NISP PHASE 1 AGREEMENT DATED AS OF JANUARY �_. BY AND AMONG NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE THE NISP PHASE 1 PARTICIPANTS LISTED HEREIN 0 TABLE OF CONTENTS Section1. Definitions................................................................................................................... 2 Section 2. Purpose of Agreement and NISP Allotment............................................................... 4 Section3. Funding....................................................................................................................... 5 Section 4. NISP Participation Percentages.................................................................................. 6 Section 5. Future Development of NISP Phase 1........................................................................ 6 Section 6. Default and Forfeiture................................................................................................. 7 Section7. Term............................................................................................................................ 9 Section S. Withdrawal from Agreement or Withdrawal from or Reduction in Further NISP Participation.................................................................................................................................... 9 Section 9. Transfer of NISP Allotment; Admission of New NISP Phase 1 Participants........... 10 Section 10. Project Termination.............................................................................................. 11 Section 11. Liability of Enterprise and NISP Phase 1 Participants ......................................... 13 Section12. Amendments......................................................................................................... 14 Section 13. Assignment; Binding on Successors..................................................................... 14 Section 14. Third Party Beneficiaries .............................. Section15. Counterparts.......................................................................................................... 14 Section 16. Merger of Prior Agreements................................................................................. 15 Section17. Severability........................................................................................................... 15 Section 18. Choice of Law; Venue.......................................................................................... 15 Section19. Notices.................................................................................................................. 15 EXHIBIT A NISP PHASE I PARTICIPANTS EXHIBIT B NISP PHASE 1 DESCRIPTION AND SUMMARY WORK PLAN EXHIBIT C NOTIFICATIONS 0, r P PHASE I AGREEMENT this "Agreement") dated as of January Z THIS NISP ( g � 2020, is made effective as provided in Section 7.1 hereof by and between (a) the Northern Integrated Supply Project Water Activity Ent-.rprise (the "Enterprise"), and (b) The Town of Firestone, a municipal corporation, acting with and on behalf of the Firestone Water Activity Enterprise, a government -owned business within the meaning of Article X, § 20(2)(d) of the Colorado Constitution, organized pursuant to C.R.S. § 37-45.1-101 et seq., and owned by the Town of Firestone (the "Participant"), and is made with reference to the following facts: RECITALS A. The Enterprise is a government -owned business within the meaning of Article X, § 20(2)(d) of the Colorado Constitution, organized pursuant to C.R.S. §§ 37-45.1-101 et seq., that is owned by the Northern Colorado Water Conservancy District ("District"), and whose address is 220 Water Avenue, Berthoud, Colorado 80513. The Enterprise is a water activity enterprise that will exercise the authorities granted by C.R.S. §§ 37-45-101 etseq., 37-45.1-101 et seq., 31-35-401 et seq., and any other relevant grant of statutory authority for the purpose of the planning, financing, acquisition, construction and operation of the Northern Integrated Supply Project ("NISP"). B. NISP is a complex regional water supply and storage project that will be developed over time by the Enterprise for the purpose of providing water supply, water storage, and related benefits to the Participant and all other participants that elect to participate in NISP (collectively, of the "NISP Phase 1 Participants"), and that, from time to time, execute an agreement in a form substantially similar to this Agreement (a "NISP Phase 1 Agreement") for the purpose of receiving a NISP Allotment, as is further defined in Section 1 below and in Exhibit A attached hereto. C. NISP is described in general in the Summary section of the U.S. Army Corps of Engineers Final Environmental Impact Statement for the Northern Integrated Supply Project. D. NISP has been and will be developed in multiple phases over a period of time. "NISP Phase I" includes the pre -construction elements and actions for NISP more generally described in Exhibit B attached hereto, which may be modified from time to time by the Enterprise. E. The Enterprise is entering into a NISP Phase 1 Agreement with each NISP Phase 1 Participant to provide funding for NISP Phase 1 activities and to define the NISP Phase 1 Participants' current rights and obligations in NISP. AGREEMENT THEREFORE, in consideration of the facts recited above and of the covenants, terms, and conditions set forth herein, the parties agree as follows: 0 Section 1. Definitions "Agreement" has the meaning assigned to the term in the introductory paragraph to this Agreement. 0) "Annual Interim Agreement" means the annual funding agreements entered into between the Enterprise and the NISP Participants under which the NISP Participants agree to pay, on a pro rata basis, for the operation, maintenance, legal, administrative, improvement, and other costs of developing NISP. The most recent Annual Interim Agreement was the Fifteenth Interim Agreement, executed in 2019. The Annual Interim Agreements do not and will not provide funds to pay for NISP Phase 1 Project Costs, which instead are subject to this Agreement. "District" has the meaning assigned to the term in the recitals to this Agreement. "Enterprise" has the meaning assigned to the term in the introductory paragraph to this Agreement. "Enterprise Board" means the Board of Directors of the Enterprise. "Event of Default" means an event described in Section 6.1 or Section 6.4 hereof as an Event of Default. "Fiscal Year" means the fiscal year of the Enterprise, which currently begins on October 1 of each calendar year and ends on September 30 of the following calendar year, or such other twelve-month period which may be designated by the Enterprise as its Fiscal Year. "NISP" has the meaning assigned to the term in the recitals to this Agreement. "NISP Allotment" means the number of NISP Units allotted by the Enterprise to a NISP Phase I Participant pursuant to a NISP Phase 1 Agreement, including the allotment of NISP Units to the undersigned Participant pursuant to Section 2.2 of this NISP Phase 1 Agreement. Exhibit A shows the current NISP Allotment of NISP Units to each NISP Phase I Participant. "NISP Assets" means, and may include, without limitation, water, waterworks, water rights, rights to water, or contractual or other interests in water, sources of water supply, works, improvements, water projects, water facilities, stock in or other agreements with canal companies, water companies, and water users' associations, and real and personal property or interests therein that are necessary or convenient to or for the diversion, storage, collection, and distribution of water yielded by NISP to and for the use of NISP Phase 1 Participants. NISP Phase I Assets, as defined below, are a subset of NISP Assets. "NISP Participant" means an entity that holds a NISP Allotment. "NISP Participation Percentage" means the quotient of a NISP Phase 1 Participant's NISP Allotment divided by the sum of all NISP Phase 1 Participants' NISP Allotments, as such NISP Participation Percentages may be modified in accordance herewith. The NISP Participation Percentages are further described in Section 4 hereof and are set forth in Exhibit A hereto opposite each NISP Phase I Participant's name. "NISP Phase I Agreement" has the meaning assigned to the term in the recitals to this Agreement. • 3 "NISP Phase 1 Asset Y Disposition" means an sale, lease, transfer, or other conveyance of NISP Phase 1 Assets by the Enterprise occurring before adoption of a resolution of project termination under Section 10.1. "NISP Phase 1 Assets" are NISP Assets that the Enterprise has determined should be acquired at this point in the development of NISP in order to assure that these assets will be available for integration into NISP. NISP Phase 1 Assets include real property and other assets purchased with funds made available as the result of this Agreement that are necessary or convenient to the construction and operation of NISP, including without limitation (i) real property and other assets for NISP reservoir sites and associated facilities, (ii) stock in or other agreements with mutual ditch companies, irrigation companies, water companies and water users' associations, and (iii) real property or interests in real property associated with the use of such stock or other agreements. Each of the District and the Enterprise own and/or control other assets that are or may in the future be a part of NISP that are not included within NISP Phase I Assets as defined for the purposes of this Agreement. "NISP Phase I Budget" means the NISP Phase 1 Budget approved by the Enterprise Board on August 1, 2019, as such NISP Phase I Budget may be amended or supplemented from time to time in accordance with this Agreement. "NISP Phase 1 Capital Funding Obligations" means the pro rata obligations of each NISP Phase 1 Participant to fund NISP Phase I Project Costs in the amounts set forth in Exhibit A lb attached hereto. The amount of NISP Phase 1 Capital Funding Obligations is the product of the NISP Participation Percentage multiplied by the NISP Phase I Project Costs. "NISP Phase I Participants" means all NISP Participants which execute a NISP Phase 1 Agreement, including any additional parties who execute a NISP Phase I Agreement from time to time pursuant to Section 9 hereof. "NISP Phase I Project Costs" means all costs associated with the purchase, acquisition, improvement, operation, and maintenance of NISP Phase 1 Assets. NISP Phase I Project Costs do not include and are separate from the annual NISP costs paid under Annual Interim Agreements. "NISP Unit," for purposes of this Agreement, means the right to 1/40,000th of the benefits and yield of NISP, which may include water supply, delivery, and storage, subject to any terms and conditions included in subsequent agreements related to future phases of NISP or otherwise in the final allotment contract between the parties. There are 40,000 NISP Units. The Enterprise and the Participants agree that "NISP Unit" may be defined in greater detail in subsequent agreements related to future phases of NISP & otherwise in the final allotment contracts for NISP. "Upfront Payment" means the cash payment made by a NISP Phase I Participant to the Enterprise for the purpose of paying its NISP Phase 1 Capital Funding Obligations. Section 2. Purpose of Agreement and NISP Allotment 2.1 Purpose of Agreement. The purpose of this Agreement is to (i) confirm the Participant's NISP Allotment, which allotment may be further defined in one or more subsequent allotment contracts between the Enterprise and such Participant; (ii) provide for the acquisition 4 S and funding of NISP Phase 1 Assets; and (iii) define Participant's pro rata share of and obligation 46 to pay for NISP Phase 1 Project Costs. Performance of the terms of this Agreement constitutes good and sufficient consideration for all parties to this Agreement. 2.2 NISP Allotment. The Enterprise hereby allots to the undersigned Participant 1,300 NISP Units. Unless this NISP Allotment is terminated or modified under the terms herein, the Participant shall have a right to its NISP Units under any subsequent allotment contracts on the same terms and conditions as other similarly situated NISP Participants. 2.3 NISP Allotment Termination. This NISP Allotment shall terminate in the event any of the following shall occur: (i) default and forfeiture pursuant to Section b of this Agreement, (ii) the undersigned Participant does not participate in future NISP funding or financing agreements on the same terms and conditions as other similarly situated NISP Phase 1 Participants, (iii) the undersigned Participant does not enter into, or provide funding required under, future Annual Interim Agreements on the same terms and conditions as other NISP Phase 1 Participants, (iv) the undersigned Participant and the Enterprise do not enter into a final NISP allotment contract on the same terms and conditions as other NISP Phase I Participants, (v) a withdrawal or reduction in father NISP participation pursuant to Section 8 of this Agreement (provided that, in the case of a reduction in further NISP participation, the NISP Allotment shall be terminated to the extent of the reduction), (vi) a Project Termination pursuant to Section 10 of this Agreement, or (vii) the undersigned Participant violates the rules and regulations of the Enterprise, as may be established or amended from time to time. Section 3. Fundin 3.1 NISP Phase 1 Budget and Annual Budgets. The Enterprise Board has previously approved the NISP Phase 1 Budget. The Enterprise Board also has previously approved the Fiscal Year 2020 Enterprise budget and shall provide and approve Enterprise operating budgets for future Fiscal Years annually or more frequently as needed, which budgets will be funded by the NISP Participants through Annual Interim Agreements. 3.2 NISP Phase 1 Capital Funding Obligations. Each NISP Phase 1 Participant hereby agrees to meet its NISP Phase 1 Capital Funding Obligations under its NISP Phase 1 Agreement and in the amount set forth in Exhibit A attached hereto by providing its Upfront Payment to the Enterprise on or before January 22, 2020. The Enterprise shall deposit the proceeds of each NISP Phase 1 Participant's Upfront Payment into segregated accounts as further described in Section 3.3. 3.3 Segregated Accounts. For the purpose of making NISP Phase 1 accounting specific to each NISP Phase 1 Participant, the Enterprise shall create interest -bearing segregated accounts within the Enterprise that are unique to each Participant. In addition to the NISP Phase 1 Participants' Upfront Payments, the Enterprise shall also deposit all revenue that may be generated from the lease or operation of NISP Phase 1 Assets pursuant to Section 5.3 into the segregated accounts in proportion to the NISP Phase 1 Participant's NISP Participation Percentages. All funds in the segregated accounts, including any interest that may accrue, shall be used by the Enterprise . to pay for NISP Phase I Project Costs. Disbursements under the NISP Phase I Agreements from the segregated accounts shall be made in proportion to the NISP Phase 1 Participants' NISP E Participation g y ice ation Percentages as the exist at the time of such disbursements. The Enterprise shall provide Participant with annual reports of all deposits and disbursements from, and interest accrued on, the Participant's segregated account. 3.4 Participants' Claim on Segregated Account Funds. Each NISP Phase 1 Participant shall have a claim on the full balance of its respective segregated account regardless of the source of funds, except that the NISP Phase 1 Participants are entitled to payment of the balance only upon the conclusion of NISP Phase 1, which shall occur when the Enterprise and Participant enter into a subsequent agreement related to future phases of NISP or a final allotment contract for NISP that expressly supersedes this Agreement; replacement of the balance by another entity under Sections 8.1 and 9.2; or Project termination under Section 10. Section 4. NISP Participation Percentages The initial NISP Participation Percentages are for the purpose of establishing the NISP Phase 1 Participants' respective responsibilities to pay their pro rata amounts contained in the approved NISP Phase 1 Budget. The NISP Participation Percentage of a NISP Phase 1 Participant may be modified by the Enterprise from time to time as the result of the execution by a new NISP Phase 1 Participant of a NISP Phase 1 Agreement pursuant to Section 9.1, the withdrawal or reduction of participation of a NISP Phase 1 Participant pursuant to Section 8, or the transfer or assignment of a NISP Allotment in whole or in part pursuant to Sections 8, 9, or 13 of this Agreement, and in each such case Exhibit A shall be amended to reflect all such changes. All amendments to Exhibit A shall, upon approval by the Enterprise, be attached hereto and upon attachment, shall supersede all prior versions of Exhibit A without the requirement of further amendment of this Agreement. Section 5. Future Development of NISP Phase I 5.1 The NISP Phase 1 Participants acknowledge that NISP Phase 1 is still in the conceptual stage and there are no assurances that NISP or any water supplies will be developed as a result of the NISP Phase 1 Agreements. The NISP Phase 1 Participants therefore recognize that they are not acquiring any interest in NISP except as expressly provided in the NISP Phase 1 Agreements, and that the NISP Phase 1 Participants are not acquiring under the NISP Phase 1 Agreements any interest in any future water supply or access to any other services from NISP or the Enterprise except as expressly provided hereunder. 5.2 The Enterprise agrees to diligently pursue NISP and the acquisition of NISP Phase I Assets in good faith to the extent that fiends therefor are provided by NISP Phase 1 Participants under the NISP Phase 1 Agreements and Annual Interim Agreements. By entering into this Agreement and accepting payments from the undersigned Participant, the Enterprise does not obligate itself to, nor does the Enterprise warrant that it will, proceed with NISP beyond NISP Phase 1 or that it will construct or operate NISP. By entering into their respective NISP Phase 1 Agreements and making payments hereunder, the NISP Phase 1 Participants do not obligate themselves to, nor do they warrant that they will, proceed with NISP beyond NISP Phase 1 or that . they will maintain their NISP Allotments and NISP Participation Percentages at the same level in the future; the NISP Phase 1 Participants may withdraw from NISP Phase 1 or NISP, reduce their overall participation in NISP, or transfer or assign all or a portion of their NISP Allotment and no NISP Participation Percentage under the terms of their respective NISP Phase 1 Agreements. At the end of NISP Phase 1, the Enterprise Board will determine after consultation with the NISP Phase 1 Participants whether to proceed with NISP. The Enterprise agrees that, if the NISP Phase 1 Participants provide all required funding, if the Enterprise has the ability, and if the Enterprise Board determines that NISP is feasible and practical, it will pursue the construction and operation of NISP if requested to do so by sufficient NISP Phase 1 Participants to fully fund NISP. In the event that the Enterprise Board decides not to proceed with NISP, it will so notify the NISP Phase 1 Participants, and, upon the giving of such notice, NISP Phase 1 will be wound up in accordance with Section 10 hereof 5.3 The Enterprise, acting by and through the Enterprise Board and with input from and consultation with the NISP Phase 1 Participants, will acquire, own, and control NISP Phase 1 Assets. Any such acquired NISP Phase I Assets shall be used solely for the purpose of NISP; provided, however, that any such NISP Phase I Assets may be used for another purpose on a temporary basis subject to payment of fair compensation to the Enterprise for such other use. The Enterprise shall use reasonable efforts to generate revenues from NISP Phase I Assets. Income from the temporary lease or use of NISP Phase 1 Assets shall only be used for NISP purposes. 5.4 Before termination of NISP and this Agreement and wind-up as provided in Section 10 of this Agreement, the Enterprise may in its discretion, with input from and consultation with the NISP Phase 1 Participants, make NISP Phase I Asset Dispositions. Proceeds from a NISP Phase 1 Asset Disposition shall, at the discretion of the Enterprise Board, be (i) used to further pursue NISP Phase 1, (ii) used for the purposes of the development and construction of NISP, or 41 (iii) distributed to then -existing NISP Phase I Participants in proportion to their respective NISP Participation Percentages as they exist at the time of such distribution. Section 6. Default and Forfeiture 6.1 Default by NISP Phase 1 Participant. Upon (i) the termination of a NISP Allotment pursuant to Section 2.3 of this Agreement (except for clause (vi) thereof), (ii) the failure of a NISP Phase 1 Participant to make any payment in full when due under a NISP Phase 1 Agreement, or (iii) the failure of a NISP Phase 1 Participant to perform any other obligation hereunder, the Enterprise shall make written demand upon such NISP Phase 1 Participant. If a failure described in clause (ii) above is not remedied, with a late -fee penalty equal to 3% of the defaulted amount, within thirty (30) days from the date of such demand, such failure shall constitute an Event of Default at the expiration of such period. If a failure described in clause (iii) above cannot be remedied within thirty (30) days from the date of such demand but such NISP Phase I Participant commences remedial action within such thirty (30) day period in a form acceptable to the Enterprise, then such failure shall not constitute an Event of Default hereunder. Notice of any such demand shall be provided to each other NISP Phase 1 Participant by the Enterprise. Additionally, if a NISP Phase 1 Participant shall file any petition or institute any proceedings under any act or acts, state or federal, dealing with or relating to the subject of bankruptcy or insolvency or under any amendment of such act or acts, either as a bankrupt or as • an insolvent or as a debtor or in any similar capacity, wherein or whereby a NISP Phase 1 Participant asks or seeks or prays to be adjudicated a bankrupt, or to be discharged from any or all 7 creditors to effect a composition or extension of time to of its debts or obligations, or offers to Its p pay its debts, or asks, seeks or prays for a reorganization or to effect a plan of reorganization or for a readjustment of its debts or for any other similar relief, or if a NISP Phase 1 Participant shall make a general or any assignment for the benefit of its creditors then in each and every such case, such action by a NISP Phase 1 Participant shall be deemed to be an Event of Default hereunder. 6.2 Forfeiture. Upon an Event of Default by a NISP Phase 1 Participant under Section 6.1, the Enterprise may give notice of termination of the defaulting NISP Phase 1 Participant's NISP Allotment and NISP Participation Percentage under this Agreement, which termination shall be effective thirty (30) days following the sending of the notice unless such termination is delayed by judicial action. Upon such notice given, such termination shall result in the complete forfeiture of any and all right, title, claim, or interest, whether express or implied, of the NISP Phase 1 Participant in or to NISP, including without limitation any and all NISP Allotments or NISP Phase 1 Assets under this Agreement or any other Annual Interim Agreement related to NISP. The undersigned Participant, by executing this Agreement, certifies that it has fully disclosed to the governing body of such undersigned Participant the existence and consequence of this Agreement, and agrees that but for the Participant's acceptance of the termination of a NISP Allotment pursuant to Section 2.3 of this Agreement and the consequences of an Event of Default under Section 6.1, the Enterprise would not have entered into this Agreement or any other agreement related to NISP. Except for claims of breach against the Enterprise under the express terms of this Agreement, the undersigned Participant waives any and Op all legal or equitable claims, in any forum, to NISP, NISP Allotments, or NISP Phase 1 Assets, or against the Enterprise, arising out of an Event of Default under this Agreement by the undersigned Participant. Irrespective of such termination, a NISP Phase 1 Participant shall remain liable to the Enterprise to pay the full amount of its pro rata share of the NISP Phase 1 Project Costs under a NISP Phase 1 Agreement, except as such amounts are otherwise recovered by the Enterprise as provided by this Agreement. 6.3 Reallocation Upon Event of Default and Forfeiture. Upon an Event of Default and Forfeiture under Sections 6.1 and 6.2, the Enterprise shall use its best efforts to reallocate the defaulted NISP Phase 1 Participant's forfeited NISP Allotment and NISP Participation Percentage first to the remaining NISP Phase 1 Participants who elect to receive additional NISP Units by the Enterprise in proportion to the pro rata interest in NISP of each remaining NISP Phase I Participant who elected to receive additional NISP Units, and second to an entity or entities that the Enterprise Board determines may be a NISP Participant or NISP Participants pursuant to Section 9. Notwithstanding that all or any portion of a defaulting NISP Phase 1 Participant's NISP Allotment and NISP Participation Percentage is so transferred, such defaulting NISP Phase 1 Participant shall remain liable -to the Enterprise to pay the full amount of its share of NISP Phase 1 Project Costs hereunder except to the extent that the Enterprise receives payment from the transferee thereof. 6.4 Default by Enterprise. Upon failure of the Enterprise to perform any obligation of the Enterprise under this Agreement, the Participant may make written demand upon the Enterprise, and if such failure is not remedied within thirty (30) from the date of such demand, • or for such additional time as is reasonably required in the discretion of Participant to correct the same, such failure shall constitute an Event of Default at the expiration of such period. The Participant shall provide notice of such demand to each NISP Phase 1 Participant. Upon an Event f Default of the Enterprise under this Section 6.4 the Enterprise and the Participant o zp � � P agree that 46 they shall confer in good faith to attempt to resolve the Event of Default, and if conferral fails to resolve the Event of Default, then to participate in non -binding mediation. 6.5 Enforcement of Remedies. In addition to the remedies set forth in this Section 6, upon the occurrence of an Event of Default as defined herein, the Enterprise or a NISP Phase I Participant, as the case may be, shall be entitled to proceed to protect and enforce the rights vested in such party by agreement by such appropriate judicial proceeding as such party shall deem most effectual, either by suit in equity or by action of law, whether for the specific performance of any covenant or agreement contained herein or to enforce any other legal or equitable right vested in such party by this Agreement or by law. The provisions of a NISP Phase I Agreement and the duties of each party thereto, their respective boards, officers or employees shall be enforceable by the other party hereto by mandamus or other appropriate suit, action or proceeding in any court of competent jurisdiction, and the prevailing party shall be entitled to an award of its costs and attorney fees to the extent permitted by law. Section 7. Term 7.1 No provision of this Agreement shall take effect until all NISP Phase I Participants listed on Exhibit A duly authorize, execute, and deliver to the Enterprise their respective NISP Phase 1 Agreements, and the Enterprise duly authorizes, executes, and delivers to the NISP Phase 1 Participants their respective NISP Phase I Agreements. 40 7.2 The NISP Allotment confirmed in Section 2.2 of this Agreement shall be perpetual unless terminated pursuant to this Agreement. The term of the remainder of this Agreement shall continue until the Enterprise and Participant enter into a subsequent agreement related to future phases of NISP or a final allotment contract for NISP that expressly supersedes this Agreement, unless otherwise terminated pursuant to this Agreement. Section 8. Withdrawal from Agreement or Withdrawal from or Reduction in Further NISP Participation NISP Phase 1 Participants may withdraw from a NISP Phase I Agreement and further participation in NISP, or may reduce further participation in NISP, as provided in this Section 8. NISP Phase 1 Participants also may transfer their NISP Units, in whole or in part, as provided in Section 9 below. 8.1 Except as otherwise provided in Section 8.2 below, a NISP Phase 1 Participant may withdraw from NISP Phase I and NISP, or reduce its overall participation in NISP, by giving the Enterprise and all other NISP Phase I Participants written notice of such withdrawal or reduction in overall NISP participation not less than 180 days prior to the withdrawal or reduction date. Notwithstanding the foregoing, a NISP Phase 1 Participant that withdraws or reduces NISP participation under this Section 8 shall not receive any balance in its respective segregated account unless an equal amount is provided to the Enterprise by another entity as replacement of the balance in the withdrawing or reducing NISP Phase 1 Participant's account. • 8.2 Withdrawal from a NISP Phase I Agreement and NISP, or reduction in overall NISP participation, shall not excuse any withdrawing or reducing NISP Phase 1 0 ' imposed upon that b an 'ud ment which has been Participant's performance of obligations i p p party y y� g entered by a court of competent jurisdiction or regulation to which the Enterprise or the NISP Phase 1 Participants are subject and that arise from or are related to activities of the NISP Phase 1 Agreements conducted during the period when the withdrawing or reducing NISP Phase 1 Participant participated in the NISP Phase 1 Agreement. Section 9. Transfer of NISP Allotment; Admission of New NISP Phase I Participants 9.1 Additional entities may become NISP Phase 1 Participants if the NISP Enterprise, :in its discretion, approves transfer of existing or allotment of new NISP Units to such entity, provided, however, that the total number of NISP Units shall not be increased without the consent of each NISP Participant. 9.2 Transfer of NISP Allotment. 9.2.1 The Enterprise Board shall approve a requested transfer of NISP Units constituting all or a portion of a NISP Allotment from a NISP Phase 1 Participant to one or more other NISP Participants that have a NISP Allotment as of the time of the transfer if the Enterprise Board determines that (i) the NISP Participant receiving the additional NISP Units has an existing or future need for additional NISP Units for use within the District, (ii) the NISP Participant receiving the additional NISP Units has sufficient financial capacity, and (ill) the transfer will not create a material risk under applicable law; provided, however, that approval of a transfer is subject to delivery capacity limitations. 9.2.2 At any time after all final federal permitting approvals for NISP are issued and any litigation challenging such approvals is no longer pending or appealable, a NISP Participant may request a transfer of NISP Units constituting all or a portion of a NISP Allotment to a municipality or a district formed under Colorado law that is not an existing NISP Participant at the time of the proposed transfer. The NISP Enterprise shall approve such a requested transfer if the Enterprise Board determines that (i) the entity receiving the NISP Units has an existing or future need for said NISP Units for use within the District, (ii) the NISP Participant receiving the NISP Units has sufficient financial capacity, (iii) the transfer will not create a material risk under applicable law, and (iv) the entity has not transferred or entered into an agreement to transfer water out of the Northern Colorado Water Conservancy District. Any such transfer shall also be subject to delivery capacity limitations. The Enterprise Board may, deny a proposed transfer under this Section • 9.2.2 if it finds that, based on extraordinary circumstances, the proposed transfer would not be in the best interests of the Enterprise or the Northern Colorado Wafer Conservancy District. 10 9.2.3 A transfer of NISP Units under this Section 9 also shall result in the transfer of all rights and obligations under the relevant NISP Phase I Agreement that correspond to the transferred NISP Units. Notwithstanding the foregoing, a NISP Phase 1 Participant that transfers NISP Units under this Section 9 is not entitled to any balance in its respective segregated account that corresponds to the amount of NISP Units transferred unless an equal amount of money is provided to the Enterprise by the transferee as replacement of the balance in transferor NISP Phase I Participant's account. The transferring NISP Phase I Participant may also assign the corresponding portion of its segregated account to the transferee. Section 10. Project Termination 10.1 Event Giving Rise to Project Termination. NISP shall terminate and the process of winding -up of NISP shall be initiated upon the Enterprise Board's adoption of a resolution of termination. Such resolution may be adopted after the Enterprise Board's receipt of a written request from all NISP Phase 1 Participants to terminate NISP Phase 1 or NISP, or for other financial, legal or practical reasons that would make completion of NISP Phase 1 or NISP impracticable as determined by the Enterprise Board. The decision to adopt a resolution of termination shall be in the Enterprise Board's discretion. 10.2 Winding Up Procedure. Upon the Enterprise Board's adoption of a of resolution of termination under Section 10.1 above, NISP Phase 1 shall be wound up within a reasonable time pursuant to the procedures set forth in this Section 10.2. (i) The Enterprise Board shall appoint a winding -up agent to carry out the procedures and responsibilities set forth in this Section 10.2 and to take any other actions as determined by the Enterprise Board to be necessary and convenient to the winding up of NISP Phase 1. (ii) The winding -up agent shall obtain from the Financial Services Manager of the District an accounting of NISP Phase 1 Assets and NISP Phase I liabilities and operations through the last day of the month in which the Enterprise Board adopts a resolution of termination under Section 10.1 above. The winding -up agent may also cause a proper accounting to occur at other times, including before or after the distribution of NISP Phase 1 Assets pursuant to Section 10.3 below, if the Enterprise Board determines in its discretion that such an additional accounting is reasonably necessary for the orderly winding up of NISP. (iii) Option of Northern_ Colorado Water Conservancy District to Purchase Certain NISP Phase I Assets. The District shall have an option to purchase, within 180 days of adoption of a resolution of termination by the Enterprise pursuant to this Section 10, the real property necessary or useful for Glade Reservoir, Galeton Reservoir, and any of the associated diversion structures, pipelines, ditches, forebays, or other property or assets then owned by the Enterprise and determined by the District to be necessary to place water into storage 11 ineither or ineach. The purchase price to be paid by the District for any NISP Phase 1 Assets subject to this Section 10.2(iii) shall be the price paid by the Enterprise for such asset plus the cost of capital improvements thereon or, if such asset was acquired by the Enterprise other than by purchase, the actual cost to acquire such asset. The proceeds of any sale of NISP Phase 1 Assets to the District under this Section 10.2(iii) shall be transferred to the non defaulting NISP Phase 1 Participants in accordance with Section 10.3 below. (iv) After complying with Section 10.2(ii) and 10.2(iii), the winding -up agent shall offer, on an asset -by -asset basis, each non -cash NISP Phase 1 Asset to all of the NISP Phase 1 Participants for cash or cash equivalents for the price paid by the Enterprise for such NISP Phase I Assets plus the cost of capital improvements or, if such NISP Phase 1 Asset was acquired by the Enterprise other than by purchase, the actual cost to acquire such NISP Phase 1 Asset. If more than one NISP Phase 1 Participant desires to purchase any such NISP Phase 1 Asset, the winding -up agent shall sell the NISP Phase 1 Asset to the highest bid submitted by a NISP Phase 1 Participant in a closed -bid process. (v) Subject to Section 10.2(vi) and (vii), and after complying with Section 10.2(ii) through (iv), the winding -up agent shall make commercially reasonable efforts to reduce to cash or cash equivalents the NISP Phase 1 Assets. (vi) The winding -up agent shall exercise discretion in light of legal, tax, contractual, and other considerations as to whether to liquidate particular NISP Phase 1 Assets and to propose a sale to the Enterprise Board under Section 10.2(v). The winding -up agent may consult with legal counsel, tax consultants, or other experts. (vii) Any sale or transfer of an NISP Phase 1 Asset by the winding -up agent shall require advance notice to all NISP Phase I Participants and approval by the Enterprise Board. (viii) While conducting the winding -up procedures of this Section 10.2, the winding -up agent shall manage the Enterprise's NISP Phase 1 Assets with reasonable care and with the same powers as the Enterprise's managers exercised before the Enterprise Board adopted a resolution of termination under Section 10.1. 10.3 Distribution of NISP Phase 1 Assets. (i) Subject to Section 10.3(ii) below, upon completion of the winding - up procedure set forth in Section 10.2 above, the Enterprise Board, with the assistance of the winding -up agent, shall distribute the cash or cash equivalents held by the Enterprise in the following manner and order: (A) To cover any expenses incurred as a result of the winding - up procedures set forth in Section 10.2; 12 (B) To maintain a reserve fiend as the Enterprise Board may 46 deem necessary to cover any contingent liabilities or obligations of the Enterprise as identified with specificity by the Enterprise, provided that such reserves or any part thereof not required for payment of such contingent liabilities shall be distributed as hereinafter provided; (C) To satisfy any loans or advances made to the Enterprise by the NISP Phase I Participants; and then (D) To the non -defaulting NISP Phase 1 Participants in proportion to their NISP Participation Percentages after adjusting for any debts each NISP Phase 1 Participant may owe to the Enterprise. (ii) Distribution of Enterprise assets under Section 10.3(i) is subject to the following terms and conditions: (A) If any unliquidated non -cash NISP Phase 1 Assets remain after completion of the winding -up procedures set forth in Section 10.2, then the Enterprise Board shall exercise all reasonable efforts to determine whether the unliquidated non -cash NISP Phase 1 Assets are to be conveyed to and owned by the NISP Phase 1 Participants individually or jointly. (B) Notwithstanding Section 10.3(ii)(A) above, a NISP Phase 1 Go Participant is not entitled to and does not have the right to demand distributions of non -cash NISP Phase I Assets in general or of any particular non -cash NISP Phase I Asset. 10.4 Completion of Winding -Up of NISP. After the distribution of all NISP Phase I Assets pursuant to Section 10.3, the winding -up agent shall give notice to the Enterprise Board that NISP has been terminated and the NISP Phase 1 Assets have been disposed of pursuant to the NISP Phase I Agreements. Section 11. Liability of Enterprise and NISP Phase 1 Participants 11.1 Enterprise and Undersigned NISP Phase I Participant Liability. Participant shall not be liable to another NISP Phase 1 Participant or to the Enterprise, and the Enterprise shall not be liable to the NISP Phase I Participants, for consequential, indirect, punitive, or special damages arising under this Agreement. Neither the Enterprise nor Participant shall be liable for the acts or omissions of the other NISP Phase I Participants. 11.2 EnteEprise Liabili . Any and all obligations of the Enterprise that may arise under this Agreement, whether financial or otherwise, shall be payable solely from the revenues, income, rents and receipts earned by the Enterprise. Nothing herein shall be deemed to prevent the Enterprise from making any payments from any other legally available source. In no event shall the Enterprise be required to spend any money from taxes in violation of Section 20(4) of Article • X of the Colorado Constitution in the performance of its obligations under this Agreement or which would cause the Enterprise to lose its enterprise status as such status is defined in the Colorado Constitution. In addition, neither the Enterprise nor the District shall be required to expend any 13 d or impair an assets of the District in the performance of an of the Enterprise's obligations funs p y p Y under this Agreement. The obligations of the Enterprise under this Agreement do not constitute a debt or indebtedness of the Enterprise or the District within the meaning of any constitutional, charter or statutory provision or limitation, and shall not be considered or held to be a general obligation of the Enterprise or the District. 11.3 UndersigqedNISP Phase 1 Participant Liabili . Any and all obligations of the undersigned Participant ;hat may arise under this Agreement, whether financial or otherwise, shall be payable solely from the revenues, income, rents and receipts earned by such Participant from the operation of its water utility enterprise. Nothing herein shall be deemed to prevent the undersigned Participant from making any payments from any other legally available source. In no event shall undersigned Participant be required to spend any money from taxes in violation of Section 20(4) of Article X of the Colorado Constitution in the performance of its obligations under this Agreement or which would cause such Participant to lose its enterprise status as such status is defined in the Colorado Constitution. In addition, the undersigned Participant shall not be required to expend any funds or impair any assets of its parent entity in the performance of its obligations under this Agreement. The obligations of the undersigned Participant under this Agreement do not constitute a debt, indebtedness or multiple fiscal year obligation of its parent entity within the meaning of any constitutional, charter or statutory provision or limitation, and shall not be considered or held to be a general obligation of the Participant or of its parent entity. 11.4 Governmental Immunity. The Enterprise and the undersigned Participant are each relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, defenses, or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., as amended from time to time. Section 12. Amendments This Agreement may be amended only by a writing executed by the Enterprise and each non -defaulting NISP Phase 1 Participant. Section 13. Assignment; Binding on Successors Except as otherwise provided in this Agreement, the rights and duties of the Participant may not be assigned or delegated without the written consent of the Enterprise. Any attempt to assign or delegate such rights or duties in contravention of this Agreement shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Enterprise and the Participant. Section 14. Third Party Beneficiaries Any NISP Phase 1 Participant shall have the right as a third -party beneficiary to initiate and maintain suit to enforce the obligations of other NISP Phase 1 Participants hereunder. Except as provided in the preceding sentence, no other entities are conferred a benefit under this • Agreement or may enforce this Agreement as third -party beneficiaries. Section 15. Counterparts 14 This Agreement may be executed by the Enterprise and the Participant in separate 46 counterparts that are identical except as to the number of NISP Units and the identity of the NISP Phase 1 Participant, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. Facsimile and electronic signatures shall be binding for all purposes. Section 16. Merger of Prior Agreements This Agreement and the exhibits hereto constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties relating to the subject matter hereof. Section 17. Severabili If one or more clauses, sentences, paragraphs or provisions of this Agreement shall be held to be unlawful, invalid or unenforceable, then the remainder of this Agreement shall not be affected thereby. Section 18. Choice of Law, Venue This Agreement shall be governed by the laws of the State of Colorado, and each party hereto consents and submits to venue in the District Court of Weld County, Colorado. 41 Section 19. Notices Notices authorized or required to be given under this Agreement shall be in writing and shall be deemed to have been given when mailed, postage prepaid, or delivered during working hours, to the addresses set forth in Exhibit C, or to such other address as a party may provide to the other party and other NISP Phase 1 Participants from time to time. Any notice to the Participant shall be given to all NISP Phase 1 Participants. Notices authorized or required to be given under this Agreement may in the alternative be given by electronic mail (email) to the email addresses set forth in Exhibit C, or to such other email addresses as a party may provide to the other party and other NISP Phase 1 Participants from time to time, provided that the receiving party acknowledges and does not object to receipt of such notice by email. [Remainder of page intentionally left blank] • 15 • IN WITNESS WHEREOF, the Enterprise and NISP Phase 1 Participants hereto, pursuant to resolutions duly and regularly adopted by their respective governing bodies, have caused their names to be affixed by their proper and respective officers as of the date set forth above. Northern Integrated Supply Project Water Activity Enterprise Bradley D. Ind General anager The Town of Firestone, a municipal corporation, acting with and on behalf of the Firestone Water Activity Enterprise, a government -owned business within the meaning of Article X, § 20(2)(d) of the Colorado Constitution, organized pursuant to C.R.S. § 37-45.1-101. et seq., and owned b the Town of Fire tone By: Narne: ' $ odOW Title: 16 EXHIBIT A NISP PHASE 1 PARTICIPANTS Participant Erie Left Hand Water District Fort Morgan Central Weld County Water District Windsor Fort Collins -Loveland Water District Frederick Fort Lupton Severance Lafayette Evans Morgan County Quality Water District Firestone Eaton Dacono Totals NISP NISP . Participation Allotment Percentage 6,500 16.25% 4,900 12.25% 3,600 9.00% 3,500 8.75% 3,300 8.25% 3,000 7.50% 2,600 6.50% 2,050 5.13% 2,000 5.00% 1,800 4.50% 1,600 4.00% 1,300 3.25% 1,300 3.25% 1,300 3.25% 1.250 3.13% 40,000 100.00% 17 NISP Phase 1 Capital Funding Obligations $3,250,000 2,450,000 1,800,000 1,750,000 1,650,000 1,500,000 1,300,000 1,025,000 1,000,000 900,000 800,000 650,000 650,000 650,000 625,000 $20,000,000 • is EXHIBIT B NISP PHASE I PROJECT DESCRIPTION AND SUMMARY WORK PLAN The work to be performed and costs to be included under the NISP Phase 1 Project include the following: • Acquisition of property associated with the Galeton Reservoir site (approximately 3,700 acres). • Acquisition of property associated with Glade Reservoir site (approximately 400 acres) • Acquisition of property associated with Highway 287 relocation (acreage to be determined). • Acquisition of easements for both the NISP delivery pipelines and the Galeton Unit pipelines. • Water Secure properties served by and/or under the New Cache and Larimer and Weld Irrigation Companies' ditch systems (acreage to be determined based upon available funds after the above items have been purchased). • Operation, maintenance, and improvement costs for the NISP Phase 1 Assets. 4.11 M w EXHIBIT C NOTIFICATIONS IF TO: MAILING ADDRESS EMAUL Northern Integrated Supply c/o NISP Project Manager cbrouweraa northernwater.org brala@troutlaw.com Project Water Activity 220 Water Avenue Enterprise Berthoud, CO 80513 c/o Mr. Stan Linker stan(a7cwcwd.com Central Weld County District Manager Water District 2235 2"d Avenue Greeley, CO 80631-7203 c/o Mr. A.J. Euckert AEuckertci ofdacono.com City Manager Dacono PO Box 186 Dacono, CO 80514-0186 c/o Mr. Jeff Schreier jeff(aeatonco.org Town Administrator Eaton 223 1" Street Eaton, CO 80615-3479 c/o Mr. Todd Fessenden tessenden erieco. ov Deputy Public Works Director Erie PO Box 750 Erie, CO 80516-0750 c/o Mr. Randy Ready rready@evanscolorado.gov Public Works Director Evans 1100 37"' Street Evans, CO 80620-2036 c/o Ms. Julie Pasillas joasillasgfirestoneco.gov Public Utilities Director Firestone PO Box 100 Firestone, CO 80520-0100 c/o Mr. Chris Matkins chrism@fclwd.com Fort Collins --Loveland General Manager Water District 5150 Snead Drive Fort Collins, CO 80525-3764 c/o Mr. Chris Cross ccross@fortlupton.org Assistant City Administrator Fort Lupton 130 S McKinley Ave Fort Lupton, CO 80621-1343 0 • • IF TO: MAILING ADDRESS EMAIL, c/o Mr. Jeffrey Wells iwells@cityoffortinor ag n com Acting City Manager Fort Morgan PO Box 100 Fort Morgan, CO 80701-0100 c/o Ms. Sarah Watson swatson(a,£rederickco.goy Water Engineer Frederick PO Box 435 Frederick, CO 80530-0435 c/o Mr. Jeff Arthur arthur@cityotlqfayette.com Jeff. arthur(a�cityoflafayette.com Public Works Director Lafayette S Public Rd Lafayette, CO 80026-2706 c/o Mr. Chris Smith chrissmith lefthandwater.or Left Hand Water District General Manager PO Box 210 Niwot, CO 80544-0210 Oo Mr. Kent Pflager jq?f1agcr@mcgwd.org Morgan County Quality General Manager Water District PO Box 1218 Fort Morgan, CO 80701-1218 c/o Mr. Nicholas Wharton nwharton@townofseverance.org Town Administrator Severance PO Box 339 Severance, CO 80546-0339 c/o Mr. John Thornhill Thornhill _,windsorgov.com Director of Community Windsor Development 301 Walnut Street Windsor, CO 80550 20 • RESOLUTION NO.20-04 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A FUNDING AGREEMENT BETWEEN THE TOWN OF FIRESTONE, ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE, AND THE ST. VRAIN WATER AUTHORITY WHEREAS, the St. Vrain Water Authority ("Authority") is a separate and legal entity established by the St. Vrain Water Authority Establishing Contract ("Establishing Contract") by and between the Town of Firestone acting by and through its Town of Firestone Water Activity Enterprise ("Town") organized and existing as a Water Activity Enterprise under C.R.S. § 37- 4.1-101 et seq., and the Little Thompson Water District ("Little Thompson"); and WHEREAS, the Authority was established, in part, for the purpose of developing systems and facilities for furnishing a potable water supply for the benefit of the Town and Little Thompson, and their constituents and service users; and WHEREAS, the Establishing Contract anticipates that the Authority will finance, design, construct, acquire, operate, maintain, and utilize water resources, facilities and services, and that the Town and Little Thompson, or other public entities may advance funds to the Authority for any purpose subject to repayment by the Authority; and • WHEREAS, the Authority does not currently have sufficient funds to pay its general operating expenses; and WHEREAS, the Town is willing to advance certain funds to the Authority for payment of a portion of its general operating expenses with the expectation that such advances will be repaid to the Town if and when the Authority has sufficient revenues, and that Little Thompson, by separate agreement, will also advance funds to the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Funding Agreement between the Town of Firestone acting by and through its Town of Firestone Water Activity Enterprise and the St. Vrain Water Authority to fund costs related to the Authority's general operating expenses is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. • INTRODUCED, READ AND ADOPTED this Slay of 3anun, 2020. \�f s roiv TOWN OI~ IRESTONE, COLORADO BoW Sin , Mayor s !Q ATTEST: ►��,�U�Y,. GnV enig, T A PR VED AS TQ'FORK- Wdlimi. Hayashi, Town Attorney 0 FUNDING AGREEMENT THIS FUNDING AGREEMENT ("Agreement") is entered into by and between the TOW14 OF FIRESTONE, a Colorado municipal corporation, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "Water Activity Enterprise" under CRS 37-4.1-101 et. seq. ("Firestone"), and ST. VRAIN WATER AUTHORITY, a political subdivision of the State of Colorado (the "Authority") acting as an Enterprise as that term is defined in the Colorado Constitution, Article 10, Section 20. Firestone and the Authority are sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECITALS A: The Authority is a separate legal entity and political subdivision of the State of Colorado established by the St. Vrain Water Authority Establishing Contract dated as of April 24, 2019 (the "Establishing Contract") by and between Firestone and Little Thompsor__ Water District, a quasi -municipal corporation and political subdivision of the State of Colorado ("Little Thompson"), pursuant to § 29-1-201, et seq., C.R.S.; and B. The Authority was established in part for the purpose of developing systems and facilities for a purpose of furnishing a potable water supply for the benefit of Firestone and Little Thompson, Firestone, and their constituents and service users; and C. The Establishing Contract anticipates that the Authority will finance, design, construct, acquire, operate, maintain, and utilize water resources, facilities and services, and that Firestone and Little Thompson or other public entities may advance funds to the Authority for any purpose subject to repayment by the Authority; and D. The Authority does not currently have sufficient funds to pay its general operating expenses; and E. Firestone is willing to advance certain funds to the Authority for payment of a portion of its general operating expenses with the expectation that such advances will be repaid to Firestone if and when the Authority has sufficient. revenue, and that Little Thompson, by separate agreement, will also advance certain funds to the Authority. AGREEMENT NOW, THEREFORE, in consideration of the respective undertakings of the Parties as set forth herein, and for other good and valuable consideration, the receipt and suff ciencv of which are hereby acknowledged, the Parties agree as follows: 1. Advance of Funds. In order to fund various costs related to the ongoing operations and administration of the Authority, Firestone agrees to advance the sum of {00719579.DOCX / 2 } . $41,500 (the "Current Advance"), which is 83% of the total amount currently needed by the Authority. Such percentage is equal to Firestone's current dedicated portion of the Defined System Capacity, as that percentage is further defined in a separate intergovernmental agreement that has been or will be entered into between the Authority and Firestone ("Firestone's IGA") pursuant to Article 5.2 of the Establishing Contract. Additionally, in Firestone's sole discretion, Firestone may elect to advance additional funds to the Authority to pay a Funding Shortfall as defined in, and in accordance with, Section 2 below (and if Firestone elects to make any such additional advances, such additional advances, together with the Current Advance, shall collectively be referred to herein as the "Advances"). 2. Request for Additional Advances. If the Authority determines that it will not have sufficient funds available to pay the current operating and administration expenses of the Authority, it shall estimate the anticipated amount of such funding shortfall (the "Funding Shortfall") and submit a written request to Firestone to remit payment of that percentage of the Funding Shortfall equal to Firestone's then -current dedicated portion of the Defined System Capacity, as defined and described in Firestone's IGA. Firestone may, in its sole and absolute discretion, elect to advance and fund the Funding Shortfall or any lesser portion thereof within thirty (30) days after such notice from the Authority. Firestone shall have no obligation to fund any Funding Shortfall. 3. Accounting. Within forty-five (45) days after the end of each fiscal year during the term of this Agreement, the Authority shall complete an accounting of all Advances made pursuant to this Agreement and, upon request, shall provide a copy of the same to Firestone. 4. Subscription Fee. Any and all Advances made by Firestone under this Agreement shall be treated as payment of a portion of the Subscription Fee that Firestone is obligated to pay the Authority under paragraph 5.5.1 of the Establishing Contract. As will be more fully defined in the Firestone IGA, the ongoing operation and administrative costs of the Authority funded by such Advance(s) shall be treated as Non -Construction Costs under the Establishing Contract. 5. Warranties and Representations of Firestone. Firestone hereby represents, warrants and covenants to and for the benefit of the Authority as follows: (a) Firestone has the full power and legal authority to enter into this Agreement. Neither the execution and delivery of this Agreement, nor compliance by Firestone with any of its terms, covenants or conditions, is or will become a default under any other agreement or contract to which Firestone is a party or by which Firestone is or • may be bound. Firestone has taken or performed all requisite acts or actions which may be required by its organizational or operational documents to confirm its authority to execute, deliver and perform each of its obligations under this Agreement. (00719579.DOCx / 2 ) 2 • (b) Firestone has, or will have, sufficient available funds to fulfill its obligation to make the Current Advance under this Agreement. • 6. Warranties and Representations of Authority. The Authority hereby represents, warrants and covenants to and for the benefit of Firestone as follows: (a) The Authority has the full power and legal authority to enter into this Agreement. Neither the execution and delivery of this Agreement, nor compliance by the Authority with any of its terms, covenants or conditions, is or will become a default under any other agreement or contract to which the Authority is a party or by which the Authority is or may be bound. The Authority has taken or performed all requisite acts or actions which may be required by its organizational or operational documents to confirm its authority to execute, deliver and perform each of its obligations under this Agreement. (b) The costs and expenses paid by or on behalf of the Authority with the funds r--ceived by the Authority from Firestone through the Advances pursuant to this Agreement are or will be costs and expenses that are permitted to be reimbursed by the Authority to Firestone under the Establishing Contract. 7. Tenn; Termination. (a) The term of this Agreement shall commence upon mutual execution by the Part, es and shall remain in effect until terminated as provided herein. . (b) Either Party may terminate this Agreement upon written notice to the other Party prior to July of any year, which termination shall be effective January 1 of the following year. 8. Notices. All notices, demands, requests or other communications to be sent by one Party to the other Party shall be in writing and shall be deemed to have been validly given or served if made by courier delivery of such notice in person, or to the addressee by nationally recognized overnight courier service, or by depositing such notice in the United States mail, postage prepaid, addressed as follows: (007I9579.DOCV 2 } 3 To Authority: St. Vrain Water Authority Board of Directors PO Box 464 .... Firestone, CO 80520 With a copy to: Timothy J. Flynn Collins Cockrel & Cole 390 Union Blvd., Suite 400 Denver, CO 80228-1556 To Firestone: Town of Firestone Attn: Director of Public Works P.O. Box 100 Firestone, CO 80520 With a copy to: Williamson & Hayashi, LLC Attn: William Hayashi 1650 3 S1h Street, Suite 103 West i Boulder, CO 80301 Either Party by written notice so provided may change the address to which future notices shall be sent. All notices shall be considered effective when mailed. 9. Assignment. Neither Party shall assign any of its rights or delegate any of its duties hereunder without the prior written consent of the other Party. Any purported assignment or delegation in violation of the provisions hereof shall be void and ineffectual. Each of the terms, covenants and conditions hereof shall be binding upon and inure to the benefit of each of the Parties and their respective successors and assigns. 10. Default/Remedies. In the event of a breach or default of this Agreement by either Party„ the non -defaulting Party shall be entitled to exercise all remedies available at law or in equity, including an action for specific performance and/or monetary damages; provided, however, that absent bad faith or fraud by the Authority, no punitive award or damages shall be imposed upon the Authority because of its inability to repay the Repayment Amount. The Parties each hereby waive and relinquish any right to seek or recover any consequential, specific or punitive damages from the other Party in connection with this Agreement or any claims arising from or in connection with this Agreement. In the event of any litigation, arbitration or other proceeding to enforce the • terms, covenants or conditions hereof, the prevailing Party in such litigation, arbitration {007]9579.Docx: 2 } or other proceeding shall be entitled to obtain a P g s part of its judgment an award of its reasonable attorneys, fees. 11. Governing Law. This Agreement shall be governed and construed under the laws of the State of Colorado. Venue for any judicial action shall be in the State of Colorado District Court for Larimer or Weld County. 12. Time is of the Essence. All times stated herein are of the essence. 13. Integration. This Agreement constitutes the entire agreement between the Parties with respect to the matters addressed herein. All prior discussions, negotiations and agreements regarding the subject matter hereof are merged herein. 14. Amendment. This Agreement may be amended from time to time by agreement between the Parties. No amendment, modification or alteration of the Agreement shall be binding upon either Party, unless the same is in writing and duly executed by each of the Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below. ST. VRAIN WATER AUTHORITY, a political subdivision of the State of Colorado By: Name: ' Title: Date: 3 �O Attest: 6 Secretary. (00719579.DOCX / 2 ? 5 • . RESOLUTION NO.20-05 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND McGRANE WATER ENGINEERING, LLC, FOR FINAL DESIGN AND CONSTRUCTION ENGINEERING SERVICES WHEREAS, McGrane Water Engineering LLC, which is currently under contract with the Town of Firestone ("Town") has completed the site assessment and preliminary design work for the Gould Horizontal Well Project ("Project") and WHEREAS the Town is now in need of engineering services for the Project's final design and construction engineering duties; and WHEREAS, McGrane Water Engineering LLC is best suited to perform the Project's final design and construction engineering services in a timely and cost effective manner. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement for the Gould Horizontal Well Final Design and Construction . Engineering Services between the Town of Firestone and McGrane Water Engineering, LLC, is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED thisay of , 2020. TOWN OF FIRESTONE, COLORADO �" 1�ln At, bi SincVar, Mayor ATTEST: J s a Koenig, T lerk PP VED AS FO . WiII44 . Hayashi, Town Attorney • FIRESTONE C O L D 1R, A D O TOWN OF FIRESTONE AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND MCGRANE WATER ENGINEERING, LLC FOR ENGINEERING SERVICES (Gould Horizontal Well Final Design and Construction Engineering) THIS AGREEMENT ("Agreement"), is made this _21_th day of 0,r2020, between the Town of Firestone, a Colorado statutory municipality, hereinafter referred to as 4WIRESTONE," and McGrane Water En ing Bering. LLC, as independent contractor; hereinafter referred to as "CONSULTANT," and provides as foilows: ARTICLE I SCOPE OF SERVICES Section 1.1 Services: FIRESTONE retains CONSULTANT, and CONSULTANT agrees to provide the goods and to perform and complete the work, personal services and/or finnish the necessary equipment, supplies or materials in accordance with and/or as described in Schedule A, - hereinafter referred to as the "Project." Schedule A is hereby incorporated by reference and made a part of this Agreement. To the extent that this Agreement and Schedule A conflict, the provisions of this Agreement shall prevail. Additional goods or services beyond those set out in Schedule A, if requested, shall be provided only when authorized in writing by FIRESTONE. Section 1.2 Contract Time: CONSULTANT shall commence work upon direction to proceed from FIRESTONE and complete the Project on or. before December 31, 2021. Section 1.3 Independent CONSULTANT: CONSULTANT shall at all times control the means and manner by which CONSULTANT performs the work, subject to FIRESTONE's right to monitor, evaluate and improve such work. CONSULTANT shall at all times be and act as an independent CONSULTANT and not as an employee of FIRESTONE. Section 1.4 Representation of CONSULTANT: CONSULTANT agrees that title to all goods, materials and equipment covered and paid for under this Agreement will pass to • General Contract for Goods and/or Services (Short Conn) (Rev. Jan 2019) Page 1 FIRESTONE, either by incorporation in the Project or upon the receipt of payment by CONSULTANT, whichever occurs first, free and clear of all Iiens, claims, security interests or encumbrances; and that no goods, materials or equipment paid for under this Agreement will have been acquired by CONSULTANT, or by any other person performing services at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by CONSULTANT or such other person. CONSULTANT represents that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses required by law. All professional services shall be performed timely in accordance with generally accepted professional practices and the level of competency presently maintained by other professionals providing the same general type of work as set forth in the Scope of Services, ARTICLE II COMPENSATION FOR SERVICES Section 2.1 Compensation: In consideration of completion of the Project specified herein by CONSULTANT, FIRESTONE shall pay CONSULTANT (check and initial below as applicable): ❑ A fixed sum of $ ® Based upon a time, materials and expenses basis, pursuant to the rate schedule attached hereto as Schedule A, but in no event shall the total compensation exceed $ 547,000.00, ❑ As described in Schedule A. Section 2.2 Payment: FIRESTONE will make payment due to CONSULTANT for compensation for completed work within thirty (30) days after invoices submitted by CONSULTANT, which invoice(s) may not be submitted more frequently than monthly. Invoices shall indicate the basis upon which payment is requested, such as percentage of the Project completed, or actual time, materials and expenses. FIRESTONE shall submit invoice disputes, if any, to CONSULTANT within thirty (30) days for resolution by mutual consent. Section 2.3 Set Off: In addition to any other rights FIRESTONE has under this Agreement to indemnification or recoupment, CONSULTANT agrees that FIRESTONE is entitled to set off any amounts it may owe.CONSULTANT under this Agreement against such claims for indemnity or recoupment. Section 2.4 No Multi -Year Fiscal Obli ag tion, Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, FIRESTONE's obligations under this Agreement are subject to annual appropriation by the Town of FIRESTONE's Board of Trustees. Any failure of the Town Board of Trustees annually to appropriate adequate monies to finance FIRESTONE's obligations under this Agreement shall terminate this Agreement at such time as such then -existing General Contract for Goods and/or services (Short Form) (Rev. !an 2018) Page 2 appropriations are to be depleted. Notice shall be given promptly to CONSULTANT of any failure to appropriate such adequate monies. Section 2.5 Appropriation: If this is a contract for the design or construction, or both the design and construction of a public works proj ect, the FIRESTONE has appropriated funds equal to or in excess of the Contract Price. ARTICLE III ADMINISTRATION OF THIS AGREEMENT Section 3.1 Project Performance: In consideration of the compensation provided for in this Agreement, CONSULTANT agrees to perform or supply the Project, in accordance with generally accepted standards and practices of the industry Materials incorporated in the Project shall conform to the specifications, drawings or samples specified or furnished. This Section 3.1 shall survive any inspection, delivery, acceptance or payment.by FIRESTONE. Section 3.2 Ownership and Use of Documents: (check and initial all that apply) ® (a) The following Sections 3.2(a)(1) and (2) are•applicable to design professionals (architects, engineers, etc.): (1) The documents prepared by CONSULTANT in connection with the Project and copies thereof furnished to other parties are for use solely with respect to the Project. Such documents are not to be used by any other CONSULTANT or subCONSULTANT on other projects or for additions to this Project outside the scope of the work without the specific written consent of FIRESTONE and CONSULTANT. Other CONSULTANTS and subCONSULTANTs are authorized to use and reproduce applicable portions of the documents prepared by CONSULTANT appropriate to and for use in the execution of their work under this Agreement. All copies made under this authorization shall bear the statutory copyright notice; if any, shown on the documents prepared by CONSULTANT. (2) Notwithstanding the provisions of Section 3.2(a)(1) above, FIRESTONE may utilize any such documents generated in connection with the Project by CONSULTANT for other projects, provided that CONSULTANT is not held liable for future project applications other than the Project described pursuant to this Agreement. ❑ (b). The following Sections 3.2(b)(1) through (3) are applicable to nonprofessionals (CONSULTANTs, suppliers, etc.): (1) Any documents prepared by CONSULTANT, and copies thereof furnished to other parties are for use solely with respect to this Project. They are not to be used by any other CONSULTANT or subCONSULTANT on other projects or for additions to this Project outside the scope of the work without the specific written consent of FIRESTONE and CONSULTANT. Other CONSULTANTS and subCONSULTANTs are authorized to use 'and reproduce applicable portions of the documents prepared by the CONSULTANT appropriate to and for use in the execution of their work under this Agreement. All copies made under this General Contact for Goods and/or Services (Shot[ Form) (Rev. Jan 2018) Page 3 • authorization shall bear the statutory copyright notice, if any, shown on the documents prepared by CONSULTANT. (2) CONSULTANT, and any subCONSULTANT or supplier or other person or organization performing or furnishing any work for the Project under a direct or indirect contract with FIRESTONE (i) shall not have or acquire any title to or ownership rights in any of any documents (or copies of documents) prepared in connection with the Project by a design professional and (ii) shall not reuse any of such documents or copies for extensions of the Projector any other project without written consent of FIRESTONE and the design professional and specific written verification or adaption by the design professional. (3) Notwithstanding the provisions of Sections 3.2(b)(1) and (2) above, FIRESTONE may utilize any documents generated in connection with the Project by a design professional or CONSULTANT for other projects, provided that such design professional and CONSULTANT are not held liable for future project applications other than the Project described pursuant to this Agreement. FIRESTONE shall not convey any such documents generated by CONSULTANT to a third party or use any such documents in a manner adverse to the CONSULTANT. Section 3.3 Insurance: CONSULTANT shall, at its own expense, keep in full force and effect during the term of this Agreement and during the term of any extension or amendment of this Agreement, insurance as stated below: (a) Commercial General Liability Insurance with minimum combined single limits of • One Million Dollars and No Cents ($1,000,000.00) for each occurrence and Two Million Dollars and No Cents ($2,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent CONSULTANTS, products, and completed operations. The policy shall endorse FIRESTONE and its employees and agents as additional insureds. Additionally, the policy shall provide that such insurance is primary coverage with respect to work contemplated under this Agreement by all insureds and additional insureds. (b) If professional services are provided, Professional Liability Insurance with limits of One Million Dollars and No Cents ($1,000,060.00) per claim and Two Million Dollars and No Cents ($2,000,000.00) aggregate. This policy shall remain in force for the period of design and construction and shall include a discovery period of three years, to commence upon substantial completion of the Project. (c) Workers' Compensation Insurance to cover all obligations imposed by applicable laws for all of CONSULTANT's employees engaged in the performance of work under this Agreement, based on statutory limits prescribed by and in accordance with Colorado law. In the event any services are performed by a subCONSULTANT, CONSULTANT shall require such subCONSULTANT to provide workers' compensation insurance for its employees. • General Contract for Goods andlor Services (Short Form) (Rev. Jan 2018) Page 4 • (d) Comprehensive Automotive Liability Insurance for the duration of this Agreement covering all owned, non -owned, and hired vehicles used in connection with the work performed by or on behalf of CONSULTANT under this Agreement in an amount not less than Five Hundred Thousand Dollars and No Cents ($500,000,00) combined single limit per occurrence for bodily injury and property damage. (e) All of the insurance policies required above shall be written and issued by responsible companies authorized to do business under the laws of the State of Colorado. The insurance coverage required shall include those classifications, as Iisted in standard liability insurance manuals, which most nearly reflect the operations of CONSULTANT. A copy of each such policy or certificate shall be provided to FIRESTONE within five (5) business days of the complete execution of this Agreement and shall be attached to this Agreement. CONSULTANT shall be responsible for notifying FIRESTONE within five (5) business days of any material modification to, or cancellation of, these policies during the term of this Agreement, including but not limited to, any pending or paid claims against the aggregate amount of the policy, and of any cancellation of coverage for non-payment. Section 3.4 Colorado Governmental Immunity Act. The parties hereto understand and agree that FIRESTONE is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities and protections provided it by the CGIA, C.R.S § 24-10-101 et seq., as from time to time amended, or otherwise available to FIRESTONE, its officers or its employees. • Section 3.5 Indemnification: CONSULTANT shall indemnify and hold harmless FIRESTONE and its officers, officials, and employees from and against liabilities, damages, Iosses and expenses, including but not limited to reasonable attorneys' fees, arising out of or resulting from this Agreement, to the extent that such liability, damage, loss or expense is caused by any, negligent, reckless or intentional act or omission of CONSULTANT or anyone directly employed by CONSULTANT or anyone for whose acts CONSULTANT may be liable. • Section 3.6 SubCONSULTANT: CONSULTANT shall, as soon as practicable after. executing this Agreement, notify FIRESTONE. in writing for FIRESTONE's approval, of any subCONSULTANTs who may be involved in the Project and the general scope of work to be performed by each subCONSULTANT. FIRESTONE may, in its reasonable discretion, reject any proposed subCONSULTANT, in which case CONSULTANT shall either perform such component or the work itself, or secure a subCONSULTANT acceptable to FIRESTONE. Section 3.7 Termination for Convenience: This Agreement may be terminated by FIRESTONE without cause upon seven (7) days written notice to the CONSULTANT. In the event of termination, FIRESTONE will pay CONSULTANT for all services satisfactorily performed and for goods provided to date of termination. If payment is otherwise due in a fixed sum, FIRESTONE will pay CONSULTANT for the pro rata value of the completed portion of the Project, If, however, CONSULTANT has substantially or materially breached the standards or terms of this Agreement, FIRESTONE shall have any remedy or right to set off available at law and equity. General Contract for Goods and/or Services (Short Form) (Rev. Jan 2018) Page 5 r1 LJ Section 3.8 Binding Effect/Non-Assi an�bility_: FIRESTONE and. CONSULTANT each binds itself, its successors and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither FIRESTONE nor CONSULTANT shall assign or transfer its interest in, or obligations under, this Agreement without the written consent of the other.. Section 3.9 Compliance with Law: CONSULTANT agrees to perform the work in compliance with all applicable federal, state, county and city laws, ordinances, rules and regulations, including without limitation, the preference for Colorado labor as set forth in Article 17 of Title 8 C.R.S. Section 3.10 Immigration Status Obligations: a) CONSULTANT certifies, through signature of its authorized representative executing this Agreement, that it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that the CONSULTANT will participate in the United States Government's E-Verify Program or the State of Colorado Department of Labor and Employment Program ("Department Program") in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. b) CONSULTANT shall not: 1) Knowingly employ or contract with an illegal alien to perform work under this • Agreement; or 2) Enter into a contract with a subCONSULTANT that fails to certify to the CONSULTANT that the subCONSULTANT shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. c) CONSULTANT shall affirm as required by C.R.S. § 8-17.5-102 (c) (II) the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the E-Verify Program or the Department Program. d) CONSULTANT is prohibited from using the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while the public contract for services is being performed. e) If CONSULTANT obtains actual knowledge that a subCONSULTANT performing work under the public contract for services knowingly employs or contracts with an illegal alien, CONSULTANT shall be required to. .. 1) Notify the subCONSULTANT and FIRESTONE within three days that the CONSULTANT has actual knowledge that the subCONSULTANT is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subCONSULTANT if within three days of General Contract for Goods and/or Services (Short Form) (Rev, Ian 2018) Page 6 receiving the notice required pursuant to sub -subparagraph (B)(2) the subCONSULTANT does not stop employing or contracting with the illegal alien; except that the CONSULTANT shall not terminate the contract with the subCONSULTANT if during such three days the subCONSULTANT provides information to establish that the subCONSULTANT has not knowingly employed or contracted with an illegal alien. f) CONSULTANT shall comply with all rules and regulations and any reasonable request by the State Department of Labor and Employment made in the course of the Department's performance of its lawful duties pursuant to C.R.S. 8-17.5-101 et seq., as amended from time to time. g) If CONSULTANT violates any of the provisions set forth in this section, FIRESTONE may terminate the Agreement and CONSULTANT shall be liable for all actual and consequential damages incurred by FIRESTONE. Section 3.10 Notice and Communications: Any notice to the parties required under this Agreement shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand delivery shall be utilized. Facsimile and e-mail addresses are provided for convenience only. FIRESTONE: CONSULTANT: •Town of Firestone McGrane Water Engineering, LLC 151 Grant Avenue. 1669 Apple Valley Road Firestone, CO 80520 Lyons, CO 80540 Attn: Julie Pasillas Attn: Dennis McGrane, PE CPG Telephone: 303.531.6258 Telephone: 303.917.1247 Facsimile: Facsimile: E-mail:ipasillas(a Erestoneco.goy E-Mail:dennis @mcgranewater,com . ARTICLE IV RESPONSIBILITIES OF FIRESTONE Section 4.1 Proiect Materials/Confidentiali : FIRESTONE shall provide CONSULTANT with data, information, reports and other such documentation as may be reasonably available to FIRESTONE, and reasonably required by CONSULTANT to perform services under this Agreement. No information shall, unless as required by law, be disclosed by CONSULTANT to third parties without prior written consent of FIRESTONE. All documents provided by FIRESTONE to CONSULTANT shall be returned to FIRESTONE. CONSULTANT is authorized by FIRESTONE to retain copies of such data and materials at CONSULTANT'S EXPENSE. Section 4.2 Access to ProppM and Records: FIRESTONE shall provide CONSULTANT with access to its property as required and necessary to complete the Agreement. To the extent required by law, FIRESTONE and CONSULTANT agree to make this Agreement and any related General Contract for Goods and/or Services (shorl Form) (Rev. Jan 2018) Page 7 • records available for public disclosure pursuant to any open records law, including, without limitation, the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. CONSULTANT agrees to hold FIRESTONE harmless from the disclosure of any records that FIRESTONE reasonably . believes it is legally required to disclose. Section 4.3 FIRESTONE's R resentative: FIRESTONE shall designate, in writing, a representative who shall have authority to act for FIRESTONE with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define FIRESTONE's policies and decisions with respect to materials, equipment, elements and systems pertinent to CONSULTANT's services. Section 4.4 Verbal Agreement or Conversation: No verbal agreement or conversation with any officer, agent or employee of FIRESTONE, either before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle CONSULTANT to any additional payment whatsoever under the terms of this Agreement. ARTICLE V NHSCELLANEOUS Section 5.1 Colorado Law: This Agreement is to be governed by the laws of the State of Colorado. Venue for any litigation shall be in Weld County. Section 5.2 Amendments; Change Orders: This Agreement may only be amended, . supplemented or modified in a written document signed by both parties (a "Change Order"). Section 5.3 Counter, parts. This Agreement may be executed in two or more counterparts, using manual or facsimile signature, each of which shall be deemed an original and all of which_ together shall constitute one and the same document. Section 5.4. S everability: If any term, covenant, or condition of this Agreement is deemed by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of. this Agreement shall be binding upon the parties. Section 5.5. Entire AUvement: This Agreement constitutes the entire agreement between the parties and supersedes all other prior and contemporaneous agreements, representations, and understandings of the parties regarding the subject matter of this Agreement. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by the parties. No representations or warranties whatever are made by any party to this Agreement except as specifically set forth in this Agreement or in any instrument delivered pursuant to this Agreement. Section 5.6. Default/Attorney's Fees: In the event of default of any of the provisions herein, the defaulting party shall be liable to the non -defaulting party for all reasonable attorney fees, legal expenses and costs incurred as a result of the default. Section 5.7. No Waiver: Delays in enforcement or the waiver of anyone or more defaults or breaches of this Agreement by FIRESTONE shall not constitute a waiver of any of the other terms • Genera[ Contract for Goods and/or Services (Short Form) (Rev. Jan 2018) Page 8 IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement the day first written above. TOWN OF FIRESTONE By: Taw. _.. �\TOWN'h Name:gobbi Sindelar_ SEAL 1cc) Title: N?'Y, G. ATTEST: ... Pi Mo is Tow Jerk APPROVAL AS TO FORM: wiftiad ayashi, Town Attorney CONSULTANT alpltap7 stpnedbyOends McGran4 PY_ Dennis McGrane', W.� hMcGraw,Pi,CY.G, P.E., C.P.G. u=MEGrane Walerinpinatkgp RG nu. emapydennls®mcpnmemtersom, KUS By: Pate: 202U1,08131031-07W Name. Dennis McGrane Title: President 11$12020 Date: General Contract for Goods and/or Services (Short Form) (Rev, Jan 2018) Page 10 McGrane Water Engineering,11C 1669 Apple Valley Rd., Lyons, CO 80540.Office: (303)823-5933, Cell: (303) 917-1247 E-Mail: dennisi mcgranewater.com. Website: wti w,mcg.ranewatereneineerin14.coin December 16, 2019 Mr. David Lindsay, President Colorado Civil Group Via email at: dlindsay(d)cc ing c,corn 5110 Granite St. Suite 200 Loveland, CO 80538 RE: Proposal —Town of Firestone — Horizontal Well Drilling and Testing Dear Mr. Lindsay: McGrane Water Engineering AL At your request, McGrane Water Engineering, LLC (MWE) is providing this proposal to design and provide construction observation and testing for a 500-ft long horizontal well (H-well) for the Town of Firestone to be located north of Weld County Rd 26 and east of Colorado Blvd near the Saint Vrain River. This proposal and opinions of probable costs are based on our current understanding of the project. Colorado Civil Group (CCG) with act as the Town representative and project manager. MWE will lead the project and design the horizontal well. MWE will subcontract: • Groundwater modeling and general engineering support to Miller Groundwater Engineering, LLC (MGE); • The vault, pump station and pipeline design to Acuity, Inc. (Acuity); and • Geotechnical engineering to Cesare, Inc. Assuming contracting will occur in January 2019, we anticipate the project lasting approximately 13 months and being completed by March 2021. Appendix A includes a Gantt chart that shows five project phases, anticipated date ranges and how tasks will likely overlap. I, Project Description Figure 1 shows the existing site, preliminary horizontal well alignment and necessary infrastructure including: • A 500 ft long H-well and 500 ft long recharge trench; • An improved head gate diversion to a single 500 ft long recharge trench; • A wet -well (vault) with two vertical turbine pumps; • A simple wood -framed type pump house with power, valves, flow meter, and controls; + Approximately 600 f1 of pipeline to the future water treatment plant site boundary; and • Approximately four additional monitoring wells around the site.. 0 " MWE Horizontal Well, rump, Pump House and Pipeline Proposal Page 2 of 11 . December 16, 2019 In addition; several geotechnical boreholes will be drilled along the horizontal well alignment. Figure 1— Horizontal Well Site Plan ' anv i Y . Y- r • - .. +i.� �Ae(74g�isnc4 �� - .. For water discharges during construction dewatering and H-well testing, we propose installing a temporary, plastic -lined trench to a new 30-foot long 12-in culvert located under the Varra property entrance and allow the water to recharge on the east side of Colorado Blvd. A permanent drainage . system will be installed during a later phase of the project. Goals and Objectives According to Dave Lindsay (CCG), the immediate goal is to install an H-well that will provide. the Town's planned water treatment plant (WTP) with 220 gallons per minute (gpm) on a year-round basis and provide a peak summer (June -August) rate of 520 gpm.. In the future, when demand increases, the year-round production rate goal will be approximately 350 gpmwith a peak summer rate of approximately 1,050 gpm. The design will also consider minimizing impacts to the Pelican . Shores Subdivision and Lake located on the west side of Colorado Blvd, as discussed below. It may " be necessary sometime in the future to add additional recharge trenches, or add an additional H-well to the south, depending on actual year-round operations, H-well performance and future demands. Computer modeling is a critical component in the system's design, in the interpretation of the start- up test, and for planning future operations. The modeling will rely heavily on water level data documented at the site's existing and future monitoring wells. For example, prior groundwater modeling of the facility indicates that groundwater currently flows through Pelican Shores Lake at a substantial rate and that the H-well operations will increase that rate of groundwater flow through the McGmne Water Engineering, LLC - 1669 Apple Valley Rd. •Lyons, CO 80540 a Phone: (303) 917-1247 isMail.. deunis@nirgranewater.com Web: ttp://ww%v.wcg", newate►engliteering.com H. MWE Horizontal Well, Pump, Pump House and Pipeline Proposal Page 3 of 1 I December 16, 2019 lake. Ongoing data collection and modeling will be used to monitor and manage that effect. Similarly, Managed Aquifer Recharge (MAR) will be used to refill the aquifer beneath the site, which will also cause groundwater levels to rise around the east side of the lake and beneath the subdivision, Therefore, future site operations will need to include active monitoring and modeling (especially for the first few years) to guide management decisions such as recharge timing and recharge amounts. Background The suitability of an H-well at the Gould site was initially described in MWE's and MGE's joint Phase II Groundwater Supply Study (MWE, June 2018). We concluded that a 1,000-ft-long horizontal well located there could sustain at least 180 gpm year-round without MAR and over 1,000 gpm when MAR is available. To gain additional confidence in this prediction, we performed two large-scale pumping and recharge tests in the summer and fail of 2018. We installed additional monitoring wells and two 300-ft-long recharge trenches in existing agricultural ditches at the Gould site, and then conducted a 60-day pumping test and 10-day recharge test. We used a computer model of those tests to further evaluate aquifer conditions, project sustainable yields, and evaluate the relationships between recharge and various vertical and H-well wellfeld configurations. We concluded that two 500-ft long horizontal wells located on the Gould property could produce approximately 220 gpm year-round and up to approximately 280 gpm during the summer months (Scenario D). If two 550-ft recharge trenches were installed and MAR were available between June and September, then the 3-month peak summer yield projection increased to approximately 1,000 gpm (See Table 2 of MWE draft memo to Dave Lindsay, December 9, 2018). III. Scope of Work The scope of this initial phase of the project is to install a single 500-ft horizontal well and extend one of the existing recharge trenches to 500 ft. Based on ongoing modeling by MGE, we estimate that a single 500-ft long H-well can likely achieve the short-term goal of providing 220 gpm year-round without recharge, and with recharge can achieve the peak summer goal of 520 gpm. Engineering tasks for each phase are listed below with a basic explanation. Deliverables are marked with an asterisk (*). Below each subtask, we provide an opinion of probable cost for the primary construction activities. These cost opinions are also included in the Table 2 cost summary. Phase 1 - Planning Over the past seven months, we: McGrane Water Engineering, LLC 1669 Apple Valley Rd, • Lyons, CO 80540 a Phone: (303) 917-1247 E'Mail: MICI); ll11://►=lv►v,t31(},'1'Fl11Gt5illCl'CI1,I11L'C1711 .('t)!ri 0 • • I] • MWE Horizontal Well, Pump, Pump House and Pipeline Proposal Page 4 of 11 December 16, 2019 • Met with CCG and the Town on April 11, 2019, to discuss the design and construction of this project; • Discussed trenching details several times with Saul Santiesteban (excavator); • Met and corresponded with Ceasar Inc. (Craig Vaughn) to discuss geotechnical support; • Met with a horizontal drilling contractor and obtained a well cost estimate; • Corresponded numerous times with MGE and CCG concerning H-well design (gravel pack, materials, length, diameter); • Prepared a preliminary proposal outline* for CCG to review in May 2019; • Met with MGE and CCG again on October 11, 2019, to discuss project details; • Prepared draft proposals* dated November 8, and December 2, 2019; • Met with the Town (CCG), Acuity and MGE on November 116 ; • Conducted a conference call on December 13, 2019; and • Prepared this final proposal*. Task 2 - Predesign Research, Modeling and Geotechnical Tasks Horizontal wells are unique. To our knowledge, there are less than five horizontal municipal water supply wells in Colorado. We have already conducted basic research into different types of horizontal wells and installation approaches. In the MWE memo to Dave Lindsey (Colorado Civil Group, Inc.) dated December 9, 2018, we concluded that a horizontal well installed by trenching will likely "provide the greatest reliability and operational flexibility" for the Town. In the same memo, we discussed how we developed and calibrated a groundwater model that we believe accurately predicts H-well production with and without MAR. Today, we still conclude that a horizontal well installed by open trenching (rather than directional drilling) will provide the greatest reliable yield for the town, but due to the aforementioned uniqueness of such wells, and in particular the unique situation of installing that well by open trenching, there are numerous design and logistical construction considerations to.be evaluated. Numerous details still to be evaluated, in part by modeling, include: (i) well construction materials such as wrapped -screen stainless steel vs. perforated PVC pipe, both of which have a range of open areas; (ii) whether using two smaller diameter perforated well pipes is better than using one larger well pipe; (iii) trench location relative to Pelican Shores; and (iv) ongoing consideration of MAR scheduling and recharge rates along with monthly extraction scenarios. Geotechnical drilling and testing also needs to be done early in the design phase. Geotechnical drilling (sites not yet determined) and laboratory tests are important to developing a safe excavation program and evaluate foundation design options. Figure 1 shows the four proposed additional monitoring wells located around the site perimeter plus another one near Pelican Shores' homes to monitor sub -basement groundwater levels. McGraue Water EWneering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 * Phone: (303) 917-1247 E-Mail: (lei tuis&neg •ancivatencom Web: llp:/f��mw.nick:uietivalcrc�il;ince�iug,cnn� MWE Horizontal Well, Pump, Pump House and Pipeline Proposal December 16, 2019 Therefore, under Task 2 of this project, we propose the following pre -design tasks: Page 5 of 11 • Task 2.1— Researching and evaluating: horizontal well design options such as screen materials and open area, plus construction/trenching techniques and wet well options (precast and cast in place). • Task 2.2 - Computer modeling various: screen materials and designs; horizontal well locations; recharge trench locations, depths and widths; delivery periods and rates; and potential impacts to Pelican Shores. We will prepare a memo* to the Town describing our "preferred design" recommendations. • Task 2.3 — Researching and computer modeling of dewatering options (prior to and during construction) and documenting our conclusion summary in an internal memorandum*; and • Task 2.4 -- Geotechnical drilling, sampling and testing, and monitoring well installation at approximately 3 to 5 locations. In addition, a preconstruction site survey is necessary to prepare a site plan and identify existing utilities and easements. Contractor Cost Estimates: $50,000 for geotechnical engineering, drilling, laboratory analysis, monitoring well installation and a site survey which will be subcontracted through MWE. Task 3- Design Tasks We will design and prepare a single contractor bid package for six critical project components. Fka[Horizontal Well and ZmUgg es{� The design of both horizontal well segments (current segment and potential future expansion) and wet -well vault must comply with the Colorado Water Well Construction rules and meet the design review requirements of the Colorado Department of Health and Environment (CDPHE). We will prepare preliminary designs prior to finalizing the bid documents and meet with regulators to get them involved with this iterative process. We will conduct extensive tests with a temporary pump after the H-well is installed. For budgeting purposes, we anticipate testing will include: 1) conducting a 5-day pumping test at 150 to 300 gpm to determine the minimum sustainable pumping rate; and 2) conducting a 5-day recharge pumping test at pumping rates up to 1,200 gpm to determine maximum sustainable recharge and pumping rates. This plan may be revised based on additional computer modeling or based on the partially dewatered condition of the aquifer at the end of well construction. MGE will interpret the pumping test with the computer model. The test results will be used to finalize the permanent pump design. Devraterirz� Although each bidder will be asked to provide a dewatering plan with their bid, we plan to also use our site groundwater model to evaluate the feasibility of their proposals. Our dewatering modeling McGrane Water Engineering, LLC . 1669 Apple Valley Rd. + Lyons, CO 80540 • Phone: (303) 917-1247 1+rMFI1L(IC(I111S�%17i('}�R.1lIC�PfII['1'.C(]Ill ��Cl); llp:f/ti�M1l'{s.lnc},�•a11L�Fate1•cn(�rinacl•iug,coln 0 0 • • 'MWE Horizontal Well, Pump, Pump House and Pipeline Proposal Page 6 of 11 December 16, 2019 objectives are to: (i) identify reasonable dewatering approaches (vertical wells, open sump excavations, or both); (ii) reduce construction time; and (iii) minimize impacts to the Pelican Shores Lake. MGE will conduct the modeling, document our results in a task memorandum* and use the results to evaluate the dewatering proposals provided by contractors. Wet Well (Vaultl Acuity will evaluate the structural and hydraulic benefits of both precast or a cast -in -place design options and decide which is(are) acceptable. The design must also meet CDWR and CDPHE construction requirements discussed above. For budgeting purposes, we have assumed the "highest cost" option that involves installing a 10 foot square cast -in -place vault as the wet -well that could cost approximately $250,000. Pump House The pump house will be a basic wood -framed design on a foundational slab with footings. The building will be insulated and heated. The piping will likely be sized for two pumps; each capable of providing 200 to 550 gpm (maximum 20 horsepower). Electric Service We anticipate using 480v three-phase power. We will coordinate power to the site by contacting United Power and providing load demands for the pump and pump house. The cost will vary depending on whether power comes from south of the site (on CR 26), or from an existing transformer located across Colorado Blvd near the proposed well house. It will likely take 3 to 4 months for United Power to review our design and bring power to the site. Pump System and Controls Our contractor cost estimate below is based on assuming two 20-horsepower vertical turbine pumps (one primary and one back-up) installed in the well house above the wet -well vault with Variable Speed Drives (VFD). MWE and Acuity will work together to size and design the system prior to construction, but may revise the final pump design after testing is complete. At the request of CCG, we are not including System Control and Data Acquisition (SCADA) components in our scope of work. We request that the Town provide us necessary considerations for SCADA to be installed at a later date, which may include oversized control panels or specialized water level transducers or electronic flow meters. Design Tasks include: • Task 3.1— Prepare final H-well design plans and specifications that considers Colorado Department of Water Resources (CDWR) and CDPHE design and permit requirements. * Task 3.2 — Comply with CDWR rules and CDPHE design and permit requirements. • Task 3.3 --- Evaluate wet -well vault structural and hydraulic considerations and prepare design plans and specifications; McGrane Water Engineering, LLC 1669 Apple Valley Rd, • Lyons, CO 80540 • Phone: (303) 917-1247 GMail: dct{nis�tnc�,�'xnc++'atct'.cam Web; Up:��1{1Y5Y.11]['�l'A11C{V�IICCE]1��liCC1'Itlf,'.['Ot]7 MWE Horizontal Well, Pump, Pump House and Pipeline Proposal December 16, 2019 • Task 3.4 - Prepare pump house design plans and specifications; Task 3.5 - Obtain adequate power for the site through United Power, • Task 3.6 - Prepare contractor bid package; and • Task 3.7 - Project management activities.. Page 7 of 11 • Project management activities include managing engineers and contractors, attending bimonthly status meetings with CCG and the Town and various administrative tasks. Task 4 - Construction and Testing Construction related tasks and budget assumptions in parentheses include: • Task 4.1 - Evaluate bids; interview contractors and assist with contracting; • Task 4.2 - Preconstruction dewatering administration (if required up to 10 man -days); • Task 4.3 - H-well and wet -well vault construction administration (up to 60 man -days on site); • Task 4A - Recovery and recharge pump test administration and interpretation (up to 12 man -days on site); • Task 4.5 - Final pump design; • Task 4.6 - Pipeline construction administration; • Task 4.7 - Pump house construction administration; and • Task 4.8- Project management activities Contractor Cost Estimates and Assumptions: Construction dewatering = $155,000; H-well = $320,000 plus potentially $250,000 for a cast -in -place wet -well (vault); Pumps = $100,000; Pump house = $135,000; pipeline $150,000; and power to pump station = $150,000 for United Power. We assume that no 404 permit is required to recharge dewatering discharge water along on the west side of the Varra property. Task 5 - Pump Installation and Startup Task 5 includes: • Task 5.1 - Pump installation and start-up administration; and • Task 5.2 - Prepare completion and testing report and submittal manual. IV. Opinion of Probable Cost Table 1 summarizes our opinion of probable cost for the project. McGrane Water Engineering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 &Mail: dcnnisL@incgi,ute►v.dcc.co�tu WeN ltp://unrnv.nubn'�tncay.itcretl;inccl'ing,catn MWE Horizontal Well, Pump, Pump House and Pipeline Proposal Page 8 of 11 • December 16, 2019 Table 1- Opinion of Probable Cost for H-well, Pump, Pomp House and Pipeline • Opinion of Probable Cost - Well, Pump Station & Pipeline Design and Installation (12/16/2019) Task Task Description Weeks* Engineering Team i t 1 Contractor Task Total $ Cost Estimate $ TYp e Lo=,PlannIn 1.1 1preliminary Desi com lete 8 $20,000 - $20,000' 1.2 lContracting 1 $3,000 - $3 000 Task 1 Subtotal na $23,000 - $23,000 2.01 keseaich Modeling and Geotech 2.1 1 Research Design Options 8 $23,000 - $23,000 2.2 Computer Modeling Scenarios 8 $29,000 - $29,000 2.3 Evaluate DewateringOptions 1 $12,000 - $12,000 2A Geotech Drilling and Surveying 2 $67,000 - $17,000 Task 2 Subtotal 12 $131,000 1 $0 $81,000 3.1 Final Horizontal Well Design 2 $9,000 - $9,000 3.2 CDPHE Sys Design Review 4 $13,000 - $13 000 3.3 Desi2 Pump Vault 4 $59,000 - $59 000 3.4 Design Pump Station and Pipeline 4 $29,000 - $29,000 3.5 Electrical Eng and United Power 12 -16 $16,000 $150,000 United Power $166,000 3.6 Prepare Contractor Bid Package 4 $34,000 - $34,000 3.7 Project Management Activities 16 $21,000 - $21,000 Task 3 Subtotal 16 $181,000 $150,000 $331,000 4 0 Construction and Testing 4.1 Contracting and Mobilization 5 $3,000 - $3,000 4.2 Construction Dewatering 4 $20,000 1 $155 000 Excavator $175,000 4.3 H-well and Vault Cons. Admin. 10 $98,000 $565,000 Excavator $663,000 4.4 Recovery and Recharge Tests 4 $29,000 - $29,000 4.5 Final Pump Design 2 $13,000 - $13,000 4.6 Pipeline Construction 6 $9,000 $150,000 Pipeline $159,000 4.7 PumpHouse Construction 6 $5,000 $135 000 Building $140,000 4.8 Pro'ect Management Activities na $10,000 - $10,000 Task 4 Subtotal 20 187 000 $1,005.000 $1,192,000 5 D - Pum Installation and Start-upRe ort 5.1 Pump hi tallation and Startup 2-3 $5 000 $100 000 Pump $105 000 5.2 Testin Re ort and O&M Manual 2-3 $20,000 - $20,000 Task 5 Subtotal 1 4-6 $25,000 $100,000 $125,000 Total $547,000 $1,255,000 $1,752,000 Contingency Percent 40% Total $ $502,000 $502,000 Grand Total $2,254,000 (Votes: 1) Design Team Includes: McGrane Water Engineering, LLC (MWE), Acuity, Inc., Miller Groundwater Englneering, LLC, and Casare Inc.' See Gantt chart for schedule of each subtask. McGrane Water EngmeennM LLC 1669 Apple Valley Rd. * Lyons, CO 80540 • Phone: (303) 917-1247 E Mail: NN70): ltlr"455594'.n�rg��ineu�itercngi�reeiing.com MWE Horizontal Well, Pump, Pump House and Pipeline Proposal December 16, 2019 Page 9 of 11 �J We estimate that the engineering related tasks described above can be completed for $547,000. The total cost for engineering and construction is $1,752,000. Due to the high uncertainty in construction costs, we added a 40% contingency totaling $502,000. The greatest component of uncertainty is the H-well installation which could take 60 to 90 days depending on the dewatering and trenching methods and effectiveness. Therefore, we recommend that the Town budget $2,254,000 for the project. This, is $154,000 more than our preliminary cost estimate provided last year, but the earlier estimate did not . . include the water pipeline to the water treatment plant (MWE, 12-9-18). Our current proposal also does not include: drainage improvements, permanent access roads or security fencing, existing trench restoration or SCADA equipment for remote operation or data collection. Payments for our services, like other professional services, are based on the actual time spent on your behalf and at hourly rates offered for this specific project scope ($168/hr for Dennis McGrane (MWE), $193/hr for Kevin O'Connell (Acuity) and $145/hr for Calvin Miller (MGE). Billing occurs on a monthly basis and payment is expected within 30 days. V. Needs from the Town We request the Town: • Subcontract separately with contractors shown on Table 1. • Arrange permission with the Pelican Shores HOA to drill one additional permanent • monitoring well on their property (Figure 1) which we will equip with a water level sensor to monitor water levels during testing. At a later date, the Town may decide to install a continuous data logger with SCADA to provide continuous, real-time monitoring of water levels at that location, or similar, near the Pelican Shores basements. • Request permission from the Pelican Shores HOA to discharge some of our construction dewatering water to their lake due to the fact that that our construction dewatering pumping will be much more intense than future water -supply operations. We would like to pursue two dewatering discharge options: (1) route water to the river directly north along CR 13 right of way or possibly along the existing tail water path to the east (used during the Fall 2018 recharge test), and (2) to Pelican Shore Lake through a pipe routed under CR13 via an existing irrigation culvert. Having both options may be necessary to mitigate real and perceived impacts with the HOA. We believe the State would likely grant us dewatering discharge permits for both. To accomplish this, we ask the Town to request permission from the HOA to discharge our water to their lake. • Acquire the necessary water rights for the project and arrange for surface water deliveries in September and October, 2020 for H-well and MAR testing. • Obtain permission to install temporary discharge piping to allow dewatering discharge to recharge between the Varra property and Colorado Blvd. McGrane Water &&veering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 1irM�Eil,(hillllti�lT1C�,R'fi11C{S:EIt)'.COIll Wet); ttt)://1YR'1v.1]1Cg,1'Fl11ciimtcreij,iiiecrillg,.coiii MWE Horizontal Well, Pump, Pump House and Pipeline Proposal Page 10 of 11 . December 16, 2019 Time Required We envision the project can be completed in 13 months by March 2021. Appendix A includes a Gantt chart that shows how some tasks overlap. Delays caused by circumstances beyond the control of the engineer could extend the time of completion. V1. Risk It should be understood that the well type and installation method we have selected for this well.is arguably unique for high -capacity water wells and contains several site -specific considerations. IN a more common type and more routine installation method had been the highest priority, then we might have given more consideration to selecting multiple vertical wells, or large diameter vertical wells,.or alternative H-well installation methods. However, at the Town's direction, the highest priority for this well has been clear: provide the best reliable yield possible given the hydrogeologic limitations of the site. That directive includes providing the desired yield at times with lower aquifer water levels, such as what might occur many months between potentially seasonal recharge operations, In response, we did consider several other options, but concluded that a horizontal well, installed via open trenching, is the preferred approach for the site conditions. There is also risk when constructing any type of well, since there is uncertainty and variability in aquifer properties away from where test drilling occurred, plus uncertainties.associated with groundwater modeling projections. Actual performance may be different from expected and S projected performance. Finally, our consulting services have been limited to assessing site hydrogeologic conditions and projecting sustainable yield of a wellfield at the site. We have not been closely involved with all associated decisions such as characterizing the water quality or evaluating the cask -benefits of other water supply options. VH. Contracting We envision the Town will include this proposal as an attachment in their standard professional services contract and MWE will subcontract work to other consultants as needed. We look forward to working the Town of Firestone and CCG on this project. Sincerely, MCGRANE WATER ENGINEERING, LLC. Dennis McGrane, P.E., C.P.G. Principal Engineer and Hydrogeologist McCraue Water Faiginwr*, LLC • 1669 Apple Vallcy Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 1,�Mnfl; dennia�rmc�,��ulcwxler.coln Web: lter//11R�w.11lt'(��1':g1CtN;1lCl'CnblI1CC!'1ng.0011] MWH Horizontal Well, Pump, Pump House and Pipeline Proposal Page_ 11 of 11 . December 16, 2019 Appendix A -- Gantt Chart w 0 z 0 l� o 9 .n u G4 H a N g f� bA o � A 61 o A E V Fr� G �31 C. I CO u ed A FA dd yid waC a vV cc McGiane. Water &gineerin& LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 IrA9ui1: cictt3iis�+mch�:uicwalet.rotn Wei); utr//r+�i�v.mr�t:utenaletr tsgittcceittg.com • RESOLUTION NO. 20-06 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING THE PAYMENT OF THE TOWN' S 2020 INSURANCE PREMIUMS WHEREAS, the Town of Firestone's 2020 budget adopted by the Board of Trustees appropriates funds for the Town's insurance premiums; and WHEREAS, the Board of Trustees desires to specifically authorize such payments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Board of Trustees of the Town of Firestone authorizes payment of the Town's insurance premiums in the amounts set forth hereinbelow. Anthem - Medical $900,000.00 Delta - Dental $ 66,000.00 VSP - Vision $ 14,400.00 Mutual of: Omaha (includes Group Life and AD&D $ 78,000.00 (voluntary coverages paid by employees w/o voluntary . elections - 2 x 5200) Pinnacol — Worker's Compensation $100,000.00 CIRSA — ?roperty & Casualty Insurance $192,000.00 INTRODUCED, READ AND ADOPTED this Slay of j aACA , 2020. OSEIM TOWN OF FIRESTONE, COLORADO '. VOU4 bi Sin , Mayor ATTEST: J s 'ca Koenig, To erk APPR V D AS T ORM: Willi ayashi, Town Attorney • 0 RESOLUTION NO.20-07 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING THE SIXTEENTH INTERIM AGREEMENT BETWEEN THE NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE AND THE TOWN OF FIRESTONE FOR PARTICIPATION IN THE NORTHERN INTEGRATED SUPPLY PROJECT WHEREAS, the Northern Integrated Supply Project Water Activity Enterprise ("NISP Enterprise") is developing a water project ("Project") for the purpose of developing a new reliable water supply for the beneficial use of the Participant ("Town of Firestone"), and other entities; and WHEREAS, overall Project costs are divided among the entities that participate in the Project; and WHEREAS, Phases 1, 2 and 4 of the Project have been completed; and WHEREAS, though the activities for the first two portions of Phase 3 have been timely commenced, the third portion of Phase 3A must be completed; and WHEREAS, it is necessary that the NISP Enterprise pursue Phases 3A, 5 and 6 of the . Project at this time in order to be able to complete the Project on the time schedule desired by the participants; and WHEREAS, pursuing Phases 3A, 5 and 6 of the Project on behalf of the Participants will require funding from the Participants. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Sixteenth Interim Agreement between the Northern Integrated Supply Project Water Activity Enterprise and the Town of Firestone for Participation in the Northern Integrated Supply Project is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this Sth day of January, 2020. F�PE��O TOWN OF FKESTONE, COLORADO F m=h4bi Sinde14, Mayor .o° ° ATTEST: ��. Ca�Q • Koenig, Town APPRO D AS TO FO .. 61414 WllllaiTayashi, Town Attorney • • .I :1 SIXTEENTH INTERIM AGREEMENT WITH THE NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTNITY ENTERPRISE, FOR PARTICIPATION IN THE NORTHERN INTEGRATED SUPPLY PROJECT This Agreement is made and entered into as of SMk" 24 2020, by and between the Northern Integrated Supply Project Water Activity Enterprise, a government -owned business within the meaning of Article X, § 20(2)(d) of the Colorado Constitution, organized pursuant to C.R.S. §§ 37-45.1-101 et seq., owned by the Northern Colorado Water Conservancy District, and whose address is 220 Water Avenue, Berthoud, Colorado 80513 (the "NISP Enterprise"), and the Town of Firestone, whose address is P.O. Box 100, Firestone, CO 80520-0100 ("Participant"). Recitals A. The NISP Enterprise is developing a water project (the "Project") for the purpose of developing a new reliable water supply for the beneficial use of the Participant and other entities. B. Overall Project costs will be divided among the entities that participate in the Project. C. The First Phase of the Project consisted of preliminary studies to evaluate potential Poudre reservoir sites and the South Platte Water Conservation Project. The First Phase has been accomplished and there appear to be potential project configurations that may serve the needs of the Project. D. Th-- Second Phase of the Project consisted of additional reservoir site evaluations, alternatives analysis, environmental studies, financial analyses, and related work. The Second Phase has been completed and the participants have selected alternatives that may serve the needs of the Project. E. The NISP Enterprise has commenced the Third Phase of the Project. The Third Phase, Years 1 and 2 (2004 and 2005), consisted of agency consultation, commencement of permitting with the U.S. Army Corps of Engineers and other agencies, commencement of compliance with the National Environmental Policy Act and other requirements for federal permitting, commencement of field work and analysis for permitting, modeling, and other activities related to designing and permitting the Project. F. The Third Phase, Year 3 through Year 6 (2006, 2007, 2008, and 2009), consisted of continuation of agency consultation, permitting with the U.S. Army Corps of Engineers and other agencies, compliance with the National Environmental Policy Act and other requirements for -federal permitting, field work and analysis for permitting, modeling, and other activities related to designing and permitting the Project. • G. The Third Phase, Years 7 through 17 (hereinafter referred to as "Phase 3A"), will consist of further agency consultation, permitting with the U.S. Army Corps of Engineers and i other agencies, compliance with the National Environmental Policy Act and other requirements for federal permitting, field work and analysis for permitting, modeling, and other activities related to designing and permitting the Project. H. The Fourth Phase consisted of the Glade Preliminary Design and phase I Geotechnical Investigation for Glade Reservoir. This phase is now complete. I. The Fifth Phase of the Project consists of the Glade geotechnical investigation and embankment design advancement, Highway 287 relocation thirty percent design, and completion of the Galeton Dam preliminary design. J. The Sixth Phase involves continued NISP conveyance delivery refinement, South Platte Water Conservation Project negotiations, land and easement definition and potential purchase, and potential advancement of time -sensitive mitigation activities. K. It is necessary that the NISP Enterprise pursue Phases 3A, 5 and 6 of the Project at this time in order to be able to complete the Project on the time schedule desired by the participants. J. Pursuing Phases 3A, 5, and 6 of the Project on behalf of the participants will require continued funding from the participants. 4N Agreement 1. The Participant agrees to participate in Phase 3A, Phase 5, and Phase 6 of the Project, under and pursuant to the terms and conditions of this Agreement. The Participant acknowledges that it shares a common interest in development of the Project and that privileged material may be shared with the Participant from time to time. A description of Phase 3A, Phase 5 and Phase 6 is included in Exhibit A_ Participation in these phases of the Project in no way obligates the Participant to participate in subsequent phases of the Project or to continue involvement in the Project in any manner. 2. For the purposes of cost allocation in Phase 3A, Phase 5, and Phase 6, the cost is based upon the Participant's base requested capacity divided by the total requested base Project yield ("Participant's Cost Share"). The Participant's initial base requested capacity in the Project is 1,300 acre-feet of water yield. Attached hereto as Exhibit B is a table showing the currently anticipated permitted capacity in the Project and the pro rata share of the costs of the Project for 2020 for each Participant. The Participant may request a reduction, but not an increase, in base requested capacity, which will be implemented by the NISP Enterprise so long as any increased costs of design, environmental studies, permitting or other matters are paid by the Participant. If a reduction in the Participant's base requested capacity is made, the formula for allocation of costs among the participants shall be changed accordingly so that all participants bear a pro rata share of Phase 3A, Phase 5 and Phase 6 costs of the Project after the change based on their final . base requested capacity. For purposes of the environmental analysis for the Project, the Participant's permitted capacity in the Project is 1,300 acre-feet of water yield. In the P goevent that the ace requested ant Particip q capacity base re ca is increased or decreased, the Participant's permitted capacity shall be increased or decreased in the same percentage as the percentage increase or decrease of the base requested capacity. 3. The Participant agrees to provide to the NISP Enterprise funds for its pro rata share of the anticipated 2020 costs necessary for Phase 3A, Phase 5 and Phase 6 of the Project. The NISP Enterprise estimates that the Participant's pro rata share of the costs of the Project is $325,00 for 2020. The Participant will pay the NISP Enterprise its pro rata share of these 2020 costs on or before January 15, 2020. The NISP Enterprise will invoice the Participants for this payment. These estimated costs will not be increased or exceeded without the prior written approval of the Participant. Participant fiends that are not expended during Phase 3A, Phase 5 and Phase 6 will be rebated back to each participant pro rata based on each participant's contribution of fields to the Project in Phase 3A, Phase 5 and Phase 6. 4. In the event that the Participant fails to make the payment set forth above at the specified time, the NISP Enterprise shall have the right to terminate this Agreement and cease all work on the Project for the benefit of the Participant. The NISP Enterprise shall give the Participant thirty (30) days' advance written notice of its intention to terminate this Agreement and cease work on the Project for the Participant's benefit under this paragraph. The Participant shall have until the end of said 30-day period in which to make all past due payments in full in order to cure its default hereunder. The Participant shall in any event be responsible for its pro rata share of the 2020 costs of Phase 3A, Phase 5 and Phase 6 of the Project actually incurred by the NISP Enterprise up to the date of termination of this Agreement. 5. The NISP Enterprise agrees to diligently pursue Phase 3A, Phase 5 and Phase 6 of the Project in good faith to the extent that fiends therefor are provided by the Participant under this Agreement and by other participants under similar agreements. By entering into this Agreement and accepting payments from the Participant, the NISP Enterprise does not obligate itself to, nor does the NISP Enterprise warrant that it will, proceed with the Project beyond Phase 6 or that it will construct or operate the Project. At the end of the Sixth Phase, the NISP Enterprise will determine after consultation with the participants whether to proceed with the Project. The NISP Enterprise agrees that, if the participants provide all required funding, if the NISP Enterprise has the ability, and if the Project is feasible and practical, it will pursue the construction and operation of the Project if requested to do so by sufficient participants to fully fund the Project. In the event that the NISP Enterprise decides not to proceed with the Project, it will so notify the Participant and this Agreement will immediately and automatically terminate upon the giving of such notice. 6. In the event of termination of the Project, the Participant shall not be entitled to any return of funds paid to the NISP Enterprise for the Project, unless payments by • participants exceed the NISP Enterprise's costs, in which case a pro rata refund will be made. In the event of such termination, the Participant shall be entitled to receive copies of any work products developed by the NISP Enterprise or its consultants on behalf of the J Participant, and NISP Enterprise Board shall, in its sole discretion: i) convey to the Participant, as a tenant in common with all other participants who have not been terminated under paragraph 4 above, a pro rata interest in all real and personal property acquired by the NISP Enterprise for the Project with funds provided under this Agreement or similar agreements with other participants; or ii) disburse to the Participants the proceeds of any sale of assets in proportion to each Participant's Cost Share. 7. The Participant shall have the right to assign this Agreement and the Participant's rights hereunder, with the written consent of the NISP Enterprise, which consent shall not be unreasonably withheld, to any person or entity that is eligible to receive water deliverable through the Project and that is financially able to perform this Agreement. 8. In the event that this Agreement is terminated for any reason, the Participant shall not be entitled to any return of any funds paid to the NISP Enterprise for the Project, and the NISP Enterprise shall have no further obligations to the Participant, except as provided in Paragraphs 3 and 6 above for those participants who have not been terminated under paragraph 4 above. 9. Notwithstanding any other provision of this Agreement to the contrary, the Participant's maximum financial obligation under this Agreement shall be the payment of $325,000 set forth in paragraph 3 above. The Participant shall have the right to terminate this Agreement at any time. In the event of such termination, each of the parties hereto shall be immediately released from all obligations recited herein as if this Agreement had not been entered into, except that the Participant shall be entitled to a return of funds paid to the NISP Enterprise as provided in paragraph 8 above. 10. In the event that additional costs must be incurred for Phase 3A, Phase 5 and Phase 6 in 2020, the parties may amend this Agreement in writing to provide for further payment by the Participant of the costs for 2020. However, the Participant is not obligated under this Agreement to pay any costs for Phase 3A, Phase 5 and Phase 6 beyond the costs stated in paragraph 3 above. 11. This Agreement is the entire agreement between the NISP Enterprise and the Participant regarding participation in Phase 3A, Phase 5 and Phase 6 of the Project and shall be modified by the parties only by a duly executed written instrument approved by the Participant and the NISP Enterprise's Board of Directors. 12. This Agreement is subject to approval by the NISP Enterprise's Board of Directors and shall become binding on the NISP Enterprise only upon such approval. • TOUN OF FIRESTONE By: Na161w Title: M CjAnr *NJ THE NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE Name: Bradle Wind Title: General Manager 0 f EXHIBIT A DESCRIPTION OF PHASE 3A, PHASE 5 and PHASE 6 NORTHERN INTEGRATED SUPPLY PROJECT Phase 3A consists of a continuation of the permitting work associated with NISP. The work in 2020 will largely.be efforts in support of the final 404 permit and Record of Decision, response to comments on the Final EIS, mitigation development, and continuation of the Larimer County IGA process. Additionally, there will be work in support of the public information effort for NISP as well as overall Northern Water administration and legal support. Phase 5 will consist of the Glade geotechnical investigation and embankment design advancement and Highway 287 relocation thirty percent design. Phase 6 involves the following additional 2020 activities: • NISP conveyance will continue to be refined including evaluation of Participant flow requirements, pipeline sizing and route refinement, delivery system exchange potential, C-BT exchange potential, conveyance cost estimating, and cost allocation methodology development. • South Platte Water Conservation Project negotiations will be advanced with the affected ditch companies and shareholder cooperative agreements will be developed. • Land and easement requirements will be more specifically identified. • Mitigation plans will continue to be advanced and time sensitive mitigation activities may be pursued. • A Financial Plan will be prepared for the project. 0 EXHIBIT B PARTICIPANT YIELD AND COSTS PHASE 3A, PHASE 5 and PHASE 6 ERO Record Completion and Environ Assistancej $ 200 000 Additional Glade Design Activities $ 4,000,000 HW 287 Design Activities ; $ 1,0000,000 River Intake Preliminary Design Activities ; $ .1 . 200,000 Environment&Mitigation I $ 1,000.000 i �FinancingConsultant $ 100,000 1WQSamp.ing r $ 200,000 'Northern Water $ 10600,000 I I Lega I $ 400,000 ,PI $ 100,000 i ;ROW -Land Appraisal/Title/Survey $ 200,0001 SPWCP Negotiations $ 200,000 i; NISP Delivery Refinement $ 1,000,000 ' iOther $ 500,000 i Grand Total $ 10,700,000 Anticipated Carryover from 2019 $ 700,000 i Participant Contribution $ 10,000,000 Project Yield 1 Percent of $ 10,000,000 j Participant (Acre-ft) I Project Budget Central Weld Co. W.D. 3,500 ; 8.75% $ 875,000 'Dacono 1,250 i 3.13% $ 312,500 t Firestone 1,300 3.25% ` $ 325,0_00 , Frederick 2,600 i 6.50%; $ 650,000 { Eaton 1,300 3.25%; $ 325,000 Erie , 6,500 ! 16.25%! $ 1,625,000 j Eva ns 1,600 j 4.00V $ 400,000 ,Fort Collins -Loveland. W.D. , 3,000 I 7.50% $ 750,000 i Fort Lupton 2,050 5.13%! $ 512,500 !Fort Morn ga- ; 3,600 i 9.00%; $ 900,000 -- -- Lafayette 1,800 4 50%! $ 450,000 Lefthand W_D. 4,900 ! 12.25%! $ 1,2255000 Mo rga n Cou nty Q.W.D. 1,300 3.25%'i $ 325,000 ;Severance 2,000 5.00%� $ 50_0,0_00 (Windsor 3,300 8.25%; $ 825,000 I ;Total f 40,000 100.00%1; $ 10,000,000 0 RESOLUTION NO.20-08 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A DESIGN SERVICES AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND HALCYON DESIGN, LLC, FOR THE TOWN HALL PROJECT WHEREAS, the Town of Firestone ("Firestone") is in need of preliminary design and design development services regarding the Town Hall Project; and WHEREAS, Halcyon Design, LLC, has the required expertise as it is currently providing design services for the Town's Public Works and Town Hall Projects; and WHEREAS, Halcyon Design, LLC, is thus best suited to perform the Town Hall Project's design and design development services in a timely and cost effective manner. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Design Services Agreement between the Town of Firestone and Halcyon Design, LLC, is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED thisbday of , 2020. 5`O� TOWN OF FIRESTONE, COLORADO v; to bi Sin. ar, Mayor CO�-�� ATTEST: J ss' a Koenig, To Cle AP RO D AS FO Williayashi, Town Attorney AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this &-M day of January, 2020 (the "Effective Date"), by and between the Town of Firestone, a Colorado municipal corporation with an address of 151 Grant Avenue, P.O. Box 100, Firestone, Colorado 80520 (the 'Town"), and HALCYON DESIGN LLC, an independent contractor with a principal place of business at 8310 Colorado Blvd., Suite #650 Firestone, Colorado 80504 ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. . NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: . SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by -this reference and known as: Town . Hall Design - Phase 1(P2020-9900). B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. if Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. LJ II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materiallybreached this Agreement, the Town shall have any remedy or right of set- off available at law and equity. III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $101,571.00. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt. Page 1 of 9 FIRESTONE i IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, -or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C, Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work except as expressly set forth in the Scope of Services, V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns . to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. 9 If the Town reuses or makes any modification_ to Consultant's designs, documents or work product without the prior written authorization of Consultant, the Town agrees, to the fullest extent permitted by law, to release the Consultant, its officers, directors, employees and subconsultants from all claims and causes of action arising from such uses, and shall indemnify and hold them harmless from all costs and expenses, including the cost of defense, related to claims and causes of action to the extent such costs and expenses arise from the Town's modification or reuse of the documents. The Town expressly acknowledges and agrees that the documents and data to be provided by Consultant under the Agreement may contain certain design details, features and concepts from the Consultant's own practice detail library, which collectively may form portions of the design for the Project, but which separately, are, and shall remain, the sole and exclusive property of Consultant. Nothing herein shall be construed as a limitation on the Consultant's right to re -use such component design details, features and concepts on other projects, in other contexts or for other clients. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. Page 2 of 9 FIRESTONE • VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands., and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. .2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 • days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. Vill. INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. B. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Page 3 of 9 FIRESTONE • Contractor's liability or fault has been determined by adjudication; alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S, § 13-50.5-102(8)(c). IX. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreemen�. B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal .allen to perform work under this Agreement. C. Verification. 1, If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. • 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work'under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to :establish that the subcontractor has not knowingly employed or contracted. with an illegal alien who is performing work under this Agreement. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado: Wage 4 of 9 FIRESTONE • B. No Waiver, Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -patty beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, 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 or protections provided by the Colorado Govemmental Immunity Act, C.R.S.. § 24-10-101, of seq., as • amended, or otherwise available to the Town and. its officers, attorneys or employees. 9 J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no .way limit the Town's legal orequitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. L. Representative Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute the Agreement. Page 5 of 9 FIRESTONE i .IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TON� pow TO OF FIRESTONE., COLORADO "Al &A �o Mayor, Bobbi Sindefar ATTEST, o..... • Q T. J: s ca Koenig, Town APR AS TO FORM: William V yashi, Town Attorney HALCYON DESIGN LLC Kelly Deitman 2020.01.19 ��} _ By. `� - 09:23:55-07'00' _ n u NO EMPLOYEE AFFIDAVIT To be completed only if Contractor has no employees 1. Check and complete one: FRI I, Kelly Deitman . , am a sole proprietor doing business as Halcyon Design PLC I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Firestone (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR ❑ I, , am the sole ownerlmemberishareholder of a [specify type of entity — i.e., corporation, limited liability company], that does not currently employ any individuals. 'Should I employ any individuals during tho term of my Agreement with the Town_ , I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. 0 1 am a United States citizen or legal permanent resident. The Town must verify this statement. by reviewing one of the following items: . A valid Colorado driver's license or a Colorado identification card; R United States military card or a military dependent's identification card; ■ A United States Coast Guard Merchant Mariner card, ■ A Native American tribal document; ■ In the case of a resident of another state, the driver's license or state -Issued identification card from the state of residence, if that state .requires the applicant to prove lawful presence prior to the issuance ,of the identification cars, or ■ Any other documents or combination of documents listed in the Town's "Acceptable Documents for Lawful Presence Verification" chart that prove both Contractor's citizenship/lawful presence and identity. OR ❑ 1 am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE") program, and provide such verification to the Town. Kelly Ceitman 2020.01.19 W 09:25::.3-D7'Oo' 1.19.20 Signature Date • Page 7 of 9 FIRESTONE i DEPARTMENT PROGRAM AFFIDAVIT N/A To be completed only if Contractor participates in the Department of Labor Lawful Presence .Verification Program as a public contractor under contract with the Town of Firestone (the `Town"), hereby affirm that: 1, l have examined or will examine the legal. work status of all employees -who are newly hired for employment to perform work. under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. 1 have retained or will retain file copies of all documents required by 8 U.S.C. § 13248, which verify the employment eligibility and identity of newly hired employees who per work under this Agreement; and 3. 1(have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. 0 Signature STATE OF COL.ORADO j ss. COUNTY OF Date The foregoing instrument was subscribed, sworn to (or affirmed) before me this _ day of , 2019, by as of My commission expires: (SEAL.) Notary Public Page 8 of 9 FIRESTONE • 10 Contractor's Duties & Deliverables ----------------- eroject Budget ;Preliminary Design Phase , ,Creation of CAD, for Space Planning, Floor Plans, Elevation and design options ;Design Development (DD) :Geo-Tech analysis, preliminary draft of Civil & Landscape design, design meetings, Code analysis, plan review with code officials, Final Civil & Landscape design and 50% DD plan .set. Construction Documents (CD) ;Color renderings of front elevation, selection of interior finishes, 70% CD review ----------- ----- --- -- - :---- -- ---- - - -- - -- - _�. Page 9 of 9 FIRESTONE RESOLUTION NO.20-09 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A DESIGN SERVICES AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND HALCYON DESIGN, LLC, FOR THE PUBLIC WORKS FACILITY EXPANSION AND REMODEL PROJECT WHEREAS, the Town of Firestone {"Town") is in need of professional services to finalize the design work for the Public Works Facility Expansion and Remodel Project ("Project"); and WHEREAS, Halcyon Design, LLC, has the required expertise as it is already providing design services for the Town's Public Works and Town Hall Project; and WHEREAS, Halcyon Design, LLC, is thus best suited to perform the Project's design services in a timely and cost effective manner. NOW, THEF:EFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Public Works Facility Expansion and Remodel Design Services Agreement between the Town of Firestone and Halcyon Design, LLC, is approved in substantially the same form as • the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED thitday of , 2020. �ZES_�OTOWN OF FIRESTONE, COLORADO ffr r0WN . m 1 SEAL o bi Sinde , Mayor Oti ATTEST: AS TO F #I- WilligrAfl./Hayashi, Town Attorney 0 . AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into thisSM day of January, 2020 ,the "Effective Date"), by and between the Town of Firestone, a Colorado municipal corporation with an address of 151 Grant Avenue, P.O. Box 100, Firestone, Colorado 80520 (the "Town"), and HALCYON DESIGN LLC, an independent contractor with a principal place of business at 8310 Colorado Blvd,, Suite #650 Firestone, Colorado 80504 ("Contractor") (each a "Party" and collectively the "Parties") WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the requirad professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: SCOPE CF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of ali duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference and known as: Public Works Facility Expansion and Remodel Design (P2020-9901). B. A change in the Scope of Services shall not be effective unless authorized as an,:amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to' have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the, Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. r. II. TERM AND TERMINATION A. Tris Agreement shall,commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town.shall pay Contractor for all work previously authorized and completed prior to the date of termination.` If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or riglit of set- off available at law and equity. Ill. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $67,040.00. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt, Page 1 of 9 FIRFRUNF • IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work except as expressly set forth in the Scope of Services. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns •to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to. or receiving consent from Contractor. If the Town reuses or makes any modification to Consultant's designs, documents.or work product without the prior written authorization of Consultant, the Town agrees, to the fullest extent permitted by law, to release the Consultant, its officers, directors, employees and subconsultants from all claims and causes of action arising from such uses, and shall indemnify and hold them harmless from all costs and expenses, including the cost of defense, related to claims and causes of action to the extent such costs and expenses arise from the Town's modification or reuse of the documents. The Town expressly acknowledges and agrees that the documents and data to be provided by Consultant under the Agreement may contain certain design details, features and concepts from the Consultant's own practice detail library, which collectively may form portions of the design for the Project, but which separately, are, and shall remain, the sole and exclusive property of Consultant, Nothing herein shall be construed as a limitation on the Consultant's right to re -use such component design details, features and concepts on other projects, in othercontexts or for other clients. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. Page 2 of 9 FIRFRTRNF VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations, The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. •B. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Paga 3 of 9 Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Part'es, as provided by C.R.S. § 13-50.5-102(8)(c). IX. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre- employment screening of jab applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and mployment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. . E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. X, MISCELLANEOUS • A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. Page 4 of 9 B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Agreement. E. Notice, Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement, F. Severabilit . If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. N. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, 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 or protections provided by the Colorado Governmental Immunity Act, C.R,S. § 24-10-101, of seq., as . amended, or otherwise available to the Town and its officers, attorneys or employees. • J.: Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed, K. Subject to Annual Appropriation Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and: shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year, L. Representative Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute the Agreement. Page 5 of 9 t1RIMTnu1: • IN WITNESS WHEREOF, the Parties have executed this A reement as of g the Effective Date. Y�RE� Tp �,• F4iN TO OF FIRESTONE, COLORADO O %4=• R 0 Mayor, Bobbi Sindelar ATTEST:�'ry' Gad J s ca Koenig, Town Clerk jVc AP RO D AS TO FORM: William P. shi, Town Attorney HALCYON DESIGN LLC By: . Page 6 of 9 rinrninair NO EMPLOYEE AFFIDAVIT To be completed only if Contractor has no employees i. Check and complete one; ❑ I, am a sole proprietor doing business as I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Firestone (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR ❑ I, am the sole ownerimemberlshareholder of a [specify type of entity — i.e., corporation, limited liability company], that does not currently employ any individuals. Should 1 employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. ❑ I am a United States citizen or legal permanent resident. The Town, must verify this statement by reviewing one of the following items: . • A valid Colorado driver's license or a Colorado identification card; • A United States military card or a military dependent's identification card; A United States Coast Guard Merchant Mariner card, • A Native American tribal document; ■ lr.- the case of a res,dent of another state, the driver's license or state -issued identification card from tte state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or ■ A.�y other documents or combination of documents listed in the Town's :"Acceptable Documents for Lawful Presence Verification" chart that prove both Contractor's citizenship/lawful presence and identity. OR ❑ I am otherwise lawfully present in the United States pursuant to federal law. Contracto., must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE') program, and provide such verification to the Town. Signature Date • Page 7 of 9 DEPARTMENT PROGRAM AFFIDAVIT To be c)mpleted only if Contractor participates in the Department of labor Lawful Presence Verification Program I, as a public ccntractor under contract with the Town of Firestone (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. l have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. 1 have not and will not alter or falsify the identification documents for my newly hired employees who perform work undar this Agreement: Signature Date STATE OF COLORADO } } ss. COUNTY OF } The foreg-aing instrument was subscribed, sworn to (or affirmed) before me this day of 20191 by as of My commission expires: (S E A L) Notary Public • • EXHIBIT A SCOPE OF SERVICES Contractor's Duties & Deliverables `ProectBud et _ _- _-----------------..__-_____----_- ;Design Development (DD) $ 26,180.00 :Geological testing, Preliminary engineering designs i.e. Grading, utility 'Plans, HVAC, electrical and structural and Design Development Plans E :Construction Documents (CD) $ 24,420.00 iConstruction Documents, Permit document submittal, Assist with :permit application, Product selection and submittal :Construction Administration $ 7,640.00 : :Construction administration services, Site visits thru construction, Final ; punch walk with punch list : ,Sanitary Sewer design allowance $ 2,]00.00 ; :Sub Total $ 60,940.00 : ,Contingency $ 6,100.00 Total ' :__-----____._______ -$67,040.0 --------------------------------� Page 9 of 9 rmnrrnvnamr . RESOLUTION NO.20-10 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING THE APPLICATION TO THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR CANCELLATION OF TEMPORARY USE PERMITS WHEREAS, the Town of Firestone desires to submit its application to the Northern Colorado Water Conservancy District for cancellation of temporary use permits. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Board of Trustees of the Town of Firestone ("Town") approves the Town's Application to Northern Colorado Water Conservancy District for Cancellation of Temporary Use Permits, as set forth in the copy attached hereto and made a part of this resolution. The Mayor is authorized to execute the Application far cancellation on behalf of the Town. INTRODUCED, READ AND ADOPTED this 8th day of January, 2020. . TON TOWN OF FIRESTONE, COLORADO t• ti s = Q obi Sin 1 ,Mayor ATTEST: covnrTY . G% e ica K enig, ow Clerk APPROV D AS FORM: Willia. Hayashi, Town Attorney 0 0 APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR CANCELLATION OF TEMPORARY USE PERMITS The Town of Firestone hereby applies for the cancellation of the following Temporary Use Permits: Permits Dated Acre -Feet February 14, 2019 07 March 18, 2019 41 March 18, 2019 09 March 18, 2019 09 July 11, 2019 07 August 8, 2019 05 August 8, 2019 09 Total Quantity to be Released 87 Dated at Firestone, Colorado this day of O.V%U ►. , 2020. TOWN OF FIRESTONE (�k 'rowivATTEST: BP®H I J f APPLICATION Application having been made by the Town of Firestone for the cancellation of the above Temporary Use Permits, and Hearing having been held by the Board of Directors of Northern Colorado Water Conservancy District, it is hereby ORDERED that the above Temporary Use Permits be canceled. Dated the OrTh day of 12020. NORTHERN COLORADO WATER CONSERVANCY DISTRICT ATTEST: ecretary President RESOLUTION NO.20-11 . A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN APPLICATION TO THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR AN ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR THE RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. § 37-45-131 WHEREAS, the Town of Firestone ("Town") must, in accordance with state law, annually apply to the Northern Colorado Water Conservancy District for its beneficial use of 87 acre feet of Colorado -Big Thompson Project Water; and WHEREAS, such water must be used in accordance with the terms and conditions set forth in the application. NOW, THEREFORE, BE ITRESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Board of Trustees of the Town of Firestone ("Town") approves the Town's Application to the Northern Colorado Water Conservancy District for Annually Renewable • Perpetual Water Contract for Right to Use Colorado -Big Thompson Project Water under C.R.S. § 37-45-131, as set forth in the copy attached hereto and made a part of this resolution.. The Mayor is authorized to execute the Application on behalf of the Town. INTRODUCED, READ AND ADOPTED this 8th day of January, 2020. FIR S7 TO.WN> F FIRESTONE COL-ORADO ryv k. Bobbi Sindeiar, ayor a :% =0 ATTEST: TY, 0\-O J s ca Koenig, TCRM: erk APPR D AS William ayashi, Town Attorney 0 • APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 37-45-131 Applicant, Town of Firestone, a Colorado municipal corporation acting in its governmental capacity or a water activity enterprise (circle capacity in which applicant is acting), hereby applies to Northern Water, a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, for a contract for the right to beneficially use Colorado -Big Thompson Project water under the following terms and conditions: The quantity of water herein requested by Applicant for annual application to beneficial use is 87 acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of Northern Water shall be primarily for municipal, domestic, irrigation, or industrial use within or through facilities or upon • lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the boundaries of Northern Water, 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one -three -hundred -ten -thousandth (1/310,000) of the quantity of water annually declared by the Board of Directors of Northern Water to be available for delivery from the water supplies of Northern Water. Applicant agrees that such water shall be delivered from the works of Northern Water at such existing Northern Water delivery point or points as may be specified by the Applicant and that the water delivery obligation of Northern Water shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of Northern Water. 4. Applicant agrees to pay annually in advance for the amount of water herein provided for use under this contract by the Board of Directors of Northern Water at a price per acre-foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen (15) days after the date of notice from Northern Water that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments • for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot • established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November 1 to October 31 of the following year. If an annual payment as herein provided is not made by due date, written notice thereof, by certified mail, will be given by Northern Water to the Applicant at the following address: P.O. Box 100, Firestone, Colorado 80520. Water deliveries shall be suspended as of November 1 of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no further right, title, or interest under this contract; and the right of use of water as herein made, shall be disposed of at the discretion of the Board of Directors of Northern Water. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above Northern Water's actual expense in terminating and disposing of the contract right of use. 5. This right of use shall be perpetual on an annually renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further notice of Northern Water; if the annual payment is not timely made, as provided above, the right of use • shall terminate. 6. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of Northern Water. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; the rules, regulations and policies of the Board of Directors of Northern Water as they now exist or as they exist in the future; and by the Repayment Contract of July 5, 1938, between Northern Water and the United States and all amendments thereof and supplements thereto. Applicant agrees, as a condition of this contract, to enter into an "Operating Agreement" with Northern Water if and when the Board of Northern Water finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by Northern Water. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of Northern Water; additional annual monetary consideration for extension of Northern Water delivery services and for additional administration, operation and maintenance costs; or for other costs to Northern Water which may arise through provision of services to the Applicant. 0 • 9. Acquisition of this annually renewable perpetual right of use water contract for the Colorado -Big Thompson Project water from Northern Water and the right to the beneficial use of water thereunder by the Applicant is necessary; the continued acquisition and use of this water supply is essential for the well-being of the community and .for the preservation of the public peace, health, and safety; and the adequate protection of the health of the inhabitants of the community. 10. The governing body of Applicant has duly approved this Application in accordance with all legally required procedures. Signed. this day of , A.D.,- s-ro�� TOWN OF FIRESTONE l 1p 1 � �C By ATTEST: c°t'NTY, 0 8 r ORDER ON APPLICATION. Application having been .made by or on behalf of all parties interested in this allocation of the right to use Colorado -Big Thompson Project water and after a Hearing by the Board, it is hereby ORDERED that the above application be granted and an allotment contract for 87 acre-feet of water is hereby made to the Town of Firestone, a Colorado municipal corporation, for the beneficial uses set forth. in said application upon the terms, conditions, and manner of payment as therein spec-Ified. NORTHERN COLORADO WATER CONSERVANCY DISTRICT B y President I hereby certify that the above Order was entered b the Directors of Northern Colorado Water Conservancy District on the day of A:D.,,� ATTE Secret RESOLUTION NO.20-12 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING A LICENSE AGREEMENT WITH PUBLIC SERVICE COMPANY OF COLORADO REGARDING THE INSTALLATION, OPERATION AND MAINTENANCE OF A GAS GATHERING PIPELINE WITHIN TOWN -CONTROLLED RIGHT-OF- WAY WHEREAS, The Town of Firestone (the "Town") is the owner of real property located in the Town, Weld County, Colorado, which is also a public right of way ("Town Property"); and WHEREAS, Public Service Company of Colorado ("PSCO") is authorized to operate as a utility provider by the Colorado Public Utilities Commission; and WHEREAS, PSCO desires to construct, own and operate a single 8" underground gas gathering pipeline and appurtenant underground facilities located on Town Property, as described in more particular detail on Exhibit A, attached hereto and incorporated herein, and the Town desires to grant a non-exclusive, revocable license that would allow use of that area, pursuant to certain terms and conditions as set forth in a Revocable' Encroachment License Agreement, attached hereto as Exhibit B; and WHEREAS, PSCO and the Town wish to define the terms of PSCO's license to construct, install and operate its gas gathering pipeline; and WHEREAS, the attached Revocable License Agreement clearly defines the rights and responsibilities of the parties in relation to PSCO's construction and use of its gas gathering pipeline in Town -controlled right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees authorizes the grant of a non-exclusive, revocable license to Public Service Company of Colorado to use WCR 19 as described in more particular detail on Exhibit A for installing, operating and maintaining a single gas gathering pipeline and appurtenant underground facilities upon, across and through said strip of land. Section 2. The Revocable License Agreement between the Town of Firestone and Public Service Company of Colorado is hereby approved in substantially the same form as the copy attached hereto as Exhibit B, and the Mayor is authorized to execute the agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 12th day of February, 2020. n LJ 0 EXHIBIT "A" • L' WCR 19 right-of"way between WCR 24 to ap.proximately 900 north of WCR 24 -10- 4566913 02/18/2020 08:11 AM Total Pages: 10 Rec Fee: $58.00 Carly Kop.pes - Clerk and Recorder, Weld County, CO REVOCABLE LICENSE AGREEMENT This REVOCABLE LICENSE AGREEMENT ("Agreement") dated as of the 121hday of Rb. , 2020 (the `Effective Date"), is between the Town of Firestone, a Colorado statutory municipality (the "Town" or "Owner"), and Public Service Company of Colorado, a Colorado corporation ("Licensee"). Town and Licensee may be referred to in the singular sense as a "Party" or in the collective sense as the "Parties." Recitals The Town is the owner of real property located in the Town of Firestone in Weld County, Colorado, which is also a public right of way (collectively, "Town Property"). Licensee proposes to construct, own and operate a single S" underground gas gathering pipeline and appurtenant underground facilities ("Underground Facilities") located on Town Property, as described in more particular detail on Exhibit A attached hereto and incorporated herein ("License Area"). The Parties desire to enter into a license agreement respecting the Licensee's use of the To,,An . Property pursuant to the terms and conditions set forth herein. AGREEMENT For good and valuable consideration given and acknowledged by the Parties, and in consideration of the provisicns set forth herein, the parties agree as follows: SECTION 1. LICENSE 1. Grant of License. Owner hereby grants to Licensee a revocable, non-exclusive license ("License") to -use the License Area, subject to the terms and conditions of this Agreement. 2. No Estate Created or Conveyed. It is the express intent of the Parties that the. License granted herein does not create or convey an estate, interest, or claim in or to the Town Property or License Area, and than. the Licensee's location, construction, and use of Underground Facilities on the Town Property does not create a license coupled with. any property interest in or claim to the License Area or Town Property, 3. No Franchise Granted ,or„Conveyed. Nothing in this Agreement shall be deemed to grant a franchise or other right to utilize Town Property or other Town streets and public rights -of -way to construct a gas plant or gas system or provide gas utility services, construct an electric system, or provide electric utility services. 4. Obtaining Required Permits. If the installation, operation, maintenance or location of the Underground Facilities in the License Area shall require any permits, Licensee shall, if required under applicable Town ordinances, apply for the appropriate permits and pay any standard and customary permit • fees. As a condition of obtaining any permit that involves digging or other excavation in the public right- 4566913 02/18/2020 08:11 AM Page 2 of 10 • of -way or Town street, the Company shall physically identify the horizontal and vertical locations of any other existing underground utility or other facilities in the License Area in the proximity of the proposed work area and illustrate such locations an plan and profile drawings also illustrating the proposed Underground Facilities. 5. Permitted Users. Licensee's affiliates, employees, contractors, agents' and representatives ("Permitted Users") may use the License, provided that all such uses shall be within the scope of this Agreement. SECTION 2. USE OF LICENSE AREA 1. The License Area may be used by the Licensee for the sole and exclusive purpose of accessing, locating, constructing, installing, operating, maintaining, repairing, removing, and replacing the Underground Facilities. 2. The Underground Facilities shall be installed in accordance with the plans and specifications approved by the Town Engineer prior to beginning the installation of such Underground Facilities, and any appropriate permits issued by the Town that involve digging or other excavation in a public right-of-way or Town street. The Town Engineer may require modifications to such plans and specifications prior to approval thereof or issuance of any appropriate permits. Any proposed changes to the approved plans and specifications shall be submitted to the Town for review and approval in writing prior to making such changes. 3. All work approved by the Town shall be completed in compliance with all codes, ordinances, rubes, and regulations of the Town. 4. All Underground Facilities installed within the License Area shall be buried to a depth of not less than forty -sight inches (48") from the existing ground elevation. Except for surface markers, all facilities installed pursuant to the license granted herein shall be located entirely underground. 5. Except for the Underground Facilities specifically authorized by Owner, Licensee shall not place, build, erect, or add any structures, pipelines, facilities, improvements or other items on, under, over or across the License Area or Town Property. b. Any changes, expansions or alterations in any way to the Underground Facilities shall require additional advance approval by Owner. 7. Licensee's use of the License Area shall be subject to all existing utility easements, if any, located on, under, or above the Town Property. 8. Licensee acknowledges that the use hereunder is of the License Armin its present, as -is condition with. all faults, whether patent or latent, and without warranties or covenants, express or implied. Licensee acknowledges that Owner shall have no obligation to repair, replace, or improve any portion of the Town Property in order to make the License Area or Town Property suitable for Licensee's intended uses. 9. Licensee, in the exercise of its rights and obligations under this Agreement, shall not . interfere in any manner with the existence and operation of any and all public rights of way, sanitary -2- 4566913 02/18/2020 08:11 AM Page 3 of 10 isewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, cable television, and other communications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable laws or this Agreement. 10. Prior to undertaking any work pursuant to this Agreement, Licensee shall take all actions necessary to become a tier 1 member of the Utility Notification Center of Colorado, and comply with and adhere to local procedures, customs and practices relating to the one call locator service program established in C.R.S. Section 9-1.5-101, et seq., as such may be amended from time to time. SECTION 3. TERM AND TERMINATION 1. The initial term of this Agreement shall commence on the Effective Date, and shall extend for a term of ten (10) years commencing on the date that Licensee installs the Underground Facilities in the License Area, unless terminated by either Party in accordance with the provisions herein ("Initial Term"). This Agreement will automatically renew for successive (10) year terms ("Renewal Term") upon the expiration of the Initial Term and any Renewal Term unless earlier terminated as provided herein or a written notice of non -renewal is given by either party to the other party at least thirty calendar days prior to the expiration of the Term then in effect. 2. The Town may terminate this Agreement by delivering 30 days advance written notice to Licensee, if Licensee removes and does not replace the Underground Facilities, abandons its use or • operation of tl~,e Underground Facilities, or otherwise abandons its use and enjoyment of the License Area pursuant to the rights granted herein. 3. Either Party may terminate this Agreement if the other Party defaults in the performance of any of its obligations hereunder and fails to cure such default within 30 days following the giving of written notice by the other party ("Cure Period"), unless such Cure Period is extended by mutual agreement of the Parties. 4. In the event of termination, Licensee shall not be entitled to receive a refund of any portion of the consideration paid herein for the License, nor shall Licensee be compensated for the cost of removal of Licensee's Underground Facilities from the License Area. 5. Removal Of Underground Facilities Upon Termination. Upon termination of this Agreement, the Parties agree that Licensee shall cut, clean, and remove all Licensee's Underground Facilities located on Town Property, unless such removal of Licensee's Underground Facilities is waived by the Town in its sole discretion, and Licensee shall cap and structurally fill any underground pipeline installed within the public right-of-way or Town street. SECTION 4. RESERVATION OF RIGHTS 1. Owner reserves all other rights in and to the License Area, including the Town's lawful exercise of its police powers and the prior and continuing right of the Town under applicable laws to use and occupy any and all parts of the License Area exclusively or concurrently with any other person or • entity for any purposes whatsoever, including without limitation, other utilities and utility crossings, -3- 4566913 02/18/2020 08:11 AM Page 4 of 10 irrigation systems, landscaping, vehicular and pedestrian access, or any other surface or underground improvement3. 2. Should the Underground Facilities, for any reason, impede, restrict or limit in any manner whatsoever Owner's use of the License Area, Licensee shall be responsible for any incremental cost incurred by the Town to bypass or to avoid disturbing the Underground Facilities when designing, constructing, installing, or modifying any fixture improvements within the License Area. 3. Licensee's loss of use of the Underground Facilities arising out of or relating to the Owner's use of the License Area shall not entitle Licensee to any compensation for damages or loss from Owner, in any manner whatsoever. SECTION 5. MAINTENANCE; RELOCATION AND DISPLACEMENT; DAMAGE AND RESTORATION Maintenance. (a) Licensee agrees to take such actions, at its sole expense, as are necessary to maintain the Underground Facilities in good and safe working condition at all times. Licensee further agrees to comply at all times with the ordinances, resolutions, rules, and regulations of the Town in Licensee's use and occupancy of the Town Property when performing any maintenance activities. (b) In the exercise of its rights pursuant to this Agreement, Licensee shall avoid any damage or interferenc-. with any Owner installations, structures, utilities, or improvements on, under, or adjacent to the Town Property. 2. Relocation and -Displacement of Equipment. Licensee understands and acknowledges that Town may require Licensee to relocate one or more of its. Underground Facilities. Licensee shall at Town's direction relocate such Underground Facilities at Licensee's sole cost and expense .not later than one hundred and twenty (120) days after receiving written notice that the Town reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a Town facility or public right-of-way; (b) because the Underground Facilities are interfering with or adversely affecting proper operation of street lights, traffic signals, governmental communications networks or other Town property; or (c) to protect or preserve the public health or safety. In any such case, Town shall use its.best efforts (but shall not be required to incur financial costs) to afford Licensee a reasonably equivalent alternate location. If Licensee shall fail to relocate any Underground Facilities as requested by the Town within one hundred and twenty (120) days after the above -referenced notice in accordance with the foregoing provision, Town shall be entitled to relocate the Underground Facilities at the Licensee's sole cost and expense, without further notice to the company. To the extent the Town has actual knowledge thereof, the Town will attempt promptly to inform Licensee of the displacement or removal of Underground Facilities. Damage and Restoration. (a) Licensee shall be responsible for all damage to the License Area or Town Property arising • out of or resulting from the Underground Facilities, or its use of the Underground Facilities or License -4- 4566913 02/18/2020 08:11 AM Page 5of10 . granted herein. Licensee, at its sole expense, shall restore the surface of the License Area and shall restore any improvements, landscaping, and other facilities located in the License Area to the conditions that existed immediately prior to the commencement of any of Licensee's activities permitted hereunder. (b) Whenever the removal or relocation of Underground Facilities is required or permitted under this Agreement, and such removal or relocation shall cause the License Area to be damaged, Licensee, at its sole cost and expense, and within thirty (30) days after such damage occurs, repair the damage and return the License Area in which the Underground Facilities are located to a safe and satisfactory condition in accordance with applicable laws. If Licensee does not repair the damage and License Area as just described, then the Town shall have the option, upon fifteen (15) days' prior written notice to Licensee, to perform or cause to be performed such reasonable and necessary work on behalf of Licensee and to charge Licensee for the proposed costs to be incurred or the actual costs incurred by the Town at Town's standard rates. Upon the receipt of a demand for payment by the Town, Licensee shall promptly reimburse the Town for such costs. In the case of fire, disaster or other emergency, the Town may remove or disconnect Licensee's Underground Facilities located in the License Area or on any other property of the Town. The Town shall provide reasonable notice to Licensee prior to taking such action and shall provide Licensee_ with the opportunity perform such action within twenty-four (24) hours unless, in the Town's reasonable discretion, the imminent threat to public health safety or welfare makes such notice impractical. SECTION 6, INSURANCE • I . Coverages. Licensee shall procure and maintain or self -insure, at its own cost, a policy or policies of insurance sufficient to insure against, claims, demands, and other obligations assumed by Licensee pursuant to this Agreement. All of Licensee's contractors shall be insured pursuant to their master service contracts with Licensee. Such coverages shall include: • (a) Worker's Compensation insurance as required by law. (b) Commercial General Liability insurance with minimum combined single limits of $2,000,000 per occurrence for bodily injury and property damage and $5,000,000 general aggregate including premises and operations, personal and advertising injury, blanket contractual liability, and products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees and contractors as additional insureds to the extent of the liabilities assumed by Licensee herein. (c) Excess or Umbrella Liability insurance, on an occurrence basis, in excess of the Commercial General Liability insurance, with coverage as broad as such policy, with a limit of .$2,000,000. 2. Form. Such insurance shall be in addition to any other insurance requirements imposed by law. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Licensee. Licensee shall be solely responsible for any deductible losses under any policy. -5- 4566913 02/18/2020 08:11 AM Page 6 of 10 3. Certificate. Licensee shall provide to Owner a certificate of insurance or self-insurance letter as evidence that the required coverages are in full force and effect. The certificate or letter shall identify this Agreement. SECTION 7. NOTICES Any notice required or permitted under this Agreement shall be in writing and shall be sufficient if personally delivered or mailed by certified mail, return receipt requested, addressed to the following: (i) if to the Town, Attn: Tow_ n Manager, Town of Firestone, P.O. sox 100, Firestone, CO 80520; and (ii) if to the Licensee Attn. s !_.kYl Notices mailed in accordance with the provisions of this Paragraph shall be deemed to taveen given upon mailing. Notices personally delivered s iall have been deemed to have been given upon delivery. Either party may change its address by giving notice thereof to the other party in the manner provided in this Section 7. SECTION 8. AUSCELLANEOUS i . Record Drawings. On or before the 60`h day following Licensee's completion of construction of Underground Facilities, Licensee shall provide Owner detailed digital record drawings of such Underground Facilities for review and acceptance in conformance with the Town's Design Criteria. Record Drawings shall show the location of the Underground Facilities with a reference distance to an existing section monument. The plan view shall also show existing surface features and known utilities iswithin ten (10) feet of the License Area, as well as any valves, fittings, or other appurtenances on the gas pipeline and within the License Area. • 2. Monumentation and Marking. Licensee shall place and maintain permanent, above -grade monumentation and marking at all locations where the Underground Facilities enter upon the boundaries of the License Area, at changes of direction, and enter upon the boundaries of road right-of-way, as approved by the Town Engineer. Markers shall include phone numbers to call for line locates and 24-hour emergency repair. Licensee shall install tracer wire no more than 18" above and along the entire length of the Underground Facilities. 3. Assignment. Licensee may not assign or transfer this Agreement or any of the rights or privileges therein granted, without the prior, express written consent of the Town, which consent shall not be unreasonably withheld, conditioned, or delayed; except that such consent shall not be required for sales, transfers, leases, assignments, subleases or disposals to any parent, subsidiary, affiliate or any person, firm or corporation that shall control, or be under common control, with Licensee. Such consent, if granted by the Town, shall be conditioned upon such assignee's assumption, in writing in a form acceptable to Town, of all of Licensee's obligations set forth herein. 4. Waiver Of Claims Against wner. Licensee hereby waives any and all claims which Licensee may or might hereafter have or acquire against Owner for loss or damage to the Licensee's improvements or any loss or degradation of any utility services Licensee may provide arising from the use by Owner, or the public, of the Town's Property for any purpose, except to the extent such claims are caused by t1e negligence of the Owner, its officers, its employees, or its subcontractors. -6- 4566913 02/18/2020 08:11 AM Page 7 of 10 . 5. Indemnification. Licensee agrees to indemnify, defend and hold harmless Owner, its officers, employees, and insurers from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with: (i) the existence of the Underground Facilities; or (ii) the use, maintenance or repair of the Underground Facilities and the use of the License Area pursuant to this Agreement, but only to the extent such claim, damage, loss, liability or expense is caused or alleged to be caused, in whole or in part, by any negligent, reckless, or intentional act or omission of Licensee or anyone directly employed by Licensee or anyone for whose acts Licensee may be liable. Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against any such liability, claims or demands at its sole expense. 6. Mechanics' Liens. Licensee shall not allow any mechanics' or similar liens to be filed against the Town's Property arising from.any work done by Licensee on the Town's Property, and Licensee shall indemnify and hold Town harmless with respect thereto, including any attorney's fees incurred by Owner in connection with any such lien or claim. If any mechanics' or other liens shall be created or filed against the Town's Property by reason of labor performed by, or materials furnished for, the Licensee, the Licensee shall, within 30 days thereafter, at the Licensee's own cost and expense, cause such lien or liens to be satisfied and discharged of record together with any Notices Of Intention To File Mechanic's Lien that may have been filed. 7. Attorne 's Fees. If any action is brought in a court of law by either party to this Agreement concerning the enforcement, interpretation or construction of this Agreement, the prevailing party, either at trial or upon appeal, shall be entitled to reasonable attorney's fees as well as costs, including expert witness's fees, incurred in the prosecution or defense of such action. 8. Waiver. The failure of either party to exercise any of its rights under this Agreement shall not be a waiver of those rights. A party waives only those rights specified in writing and signed by the party waiving its rights. 9. Governmental „I unity. The parties hereto understand and agree that Town is relying on, and does 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, Section 24-10- 101, et seq., C.R.S., as from time to time amended, or any other law or limitations otherwise available to Town, its officers, or its employees. 10. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. Any such prior agreement shall be deemed to be null and void and of no further effect. 11. Modification. This Agreement may not be amended except in writing by mutual agreement of the parties, nor may rights be waived except by an instrument in writing signed by the party charged with such waiver. 12. Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. -7- 4566913 02/18/2020 08:11 AM Page 8of10 13. Governing Law; Jurisdiction. This Agreement shall be governed and construed by and in accordance with the laws of the State of Colorado, without reference to its conflicts of law principles. If suit is brought by a party to this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of Colorado, County of Weld. [Signatures and acknowledgments on following page] i i 4566913 02/18/2020 08:11 AM Page 9 of 10 • The Parties have executed this REVOCABLE LICENSE AGREEMENT to be effective on the Effective Date. OWNER: TOWN OF FIRESTONE By oyyN� ti� bbi SiddPlar, Mayor v ATTEST: G f YCdop OL By: AAimoe. PUBLIC SERVICE COMPANY. OF COLORADO, a Color co rat' By: Richard J. GrOy Manager, Sit' g and Lan'ghts, Right of Way and Permits Department STATE OF COLORADO } ss. . CITY AND COUNTY OF,Op x ver } The forgoing REVOCABLE LICENSE AGREEMENT was subscribed and sworn to before me on January 10th, y 2020, by Richard J. Grady in his/her capacita� s Manager, Siting and Land Right ROW and Permits of Public Service Company of lorado, on behalf of such Colorado corporation. (Seal) Notary Public TERESAJV&SON Address J/a1� 3h �ye NOTARY PUBLIC �� k Dd p� ['Q STATE OF COLORADO NOTARY ID 20104043858 My Commission expires: /0 -Q?6 -aaaa MY COIMSSION EXPIRES OCTOBER 2022 -9- • • 4566913 02/18/2020 08:11 AM Page 10 of 10 EXHIBIT "All WCR 19 right-of-way between WCR 24 to approximately 00 north of WCR 24 . RESOLUTION NO.20-13 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING THE BOARD OF TRUSTEES HANDBOOK & ORIENTATION WHEREAS, the Board of Trustees ("Board"), in its quest for good governance, has reviewed and updated its Code of Conduct, which is now set forth in Chapter 2.05 of the Firestone Municipal Code; and WHEREAS, the Board, therefore, desires to amend the Board of Trustees Handbook & Orientation to reflect the adoption of the Code of Conduct. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Conflicts of Interest, Ethics and Code of Conduct of the Board of Trustee Handbook & Orientation is repealed in its entirety and reenacted to provide: Code of Conduct The Board is governed as to Standards of Conduct, Ethics and Conflicts of Interest, as set • forth in Code of Conduct, Chapter 2.05 of the Firestone Municipal Code, a copy of which is attached to this Handbook. Section 2. Disclosure and Non -Action: Matters Involving Conflicts of Interest is repealed in its entirety as all such matters are addressed in the Board's codified Code of Conduct. INTRODUCED, READ AND ADOPTED this day of OALjLoy, 2020. ATTEST: TOUYIl� m 1 SEA • 00 ca� ........•.o�,o� rY G J(ssIf Koenig, Town APPROVED AS TO . , Ulm 1 lam P. Hayashi, Town Attorney TOWN OF FIRESTONE, COLORADO 24 �,- �*\ 'dcr4 o i Sindel , Mayor - -.j 21 RESOLUTION NO.20-14 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLROADO, DESIGNATING THE APRIL 7, 2020, REGULAR ELECTION A MAIL BALLOT ELECTION AND AUTHORIZING THE TOWN CLERK TO APPOINT ELECTION JUDGES WHEREAS, pursuant to C.R.S. § 31-10-908, the Board of Trustees of the Town ,of Firestone is authorized to determine that certain elections shall be conducted by mail ballot; WHEREAS, in accordance with C.R. S. § 31-1-101(10), the Town's next regular election will take place on Tuesday, April 7, 2020; and WHEREAS, pursuant to C.R.S. § 31-10-401 the Board of Trustees may delegate the authority and responsibility to appoint election judges to the Town Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees has determined that the election to be held on April 7, 2020, shall be by mail ballot. The Board hereby authorizes and directs the Town Clerk, as the • designated election official for the Town, to conduct the election by mail ballot, pursuant to the provisions of C.R.S. § 31-10-910. Section 2. The Board of Trustees hereby delegates its responsibility and authority to appoint election judges to the Town Clerk. INTRODUCED, READ AND ADOPTED this day of r , 2020. S�pNE TOWN OF FIRESTONE, COLORADO 1 ' Cnb8 ATTEST: + A )ALIP-elLo V I ss a oemg, Town APPROVED AS TO F 1� i iam P. Hayashi, Town Attorney • I RESOLUTION NO. 20-15 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ADOPTING THE TOWN OF FIRESTONE INVESTMENT POLICY WHEREAS, the Town of Firestone has previously adopted the Investment Policy for the Town; and WHEREAS, the Board of Trustees finds that such policy should be updated and that the adoption of a current Investment policy will promote and. support the efficient and effective use of Town resources and promote the best interests of the Town; and WHEREAS, there has been presented to the Board of Trustees for adoption a proposed Investment policy, which has been developed through the collaborative efforts of the Town Manager, Director of Finance and consultants; and WHEREAS, the Board of Trustees finds that the adoption of such policy is authorized by law; and WHEREAS, the Board of Trustees finds that the proposed Investment Policy is solely in support of the Town's fiscal responsibilities; and WHEREAS, the Board of Trustees by this Resolution to desires to adopt said policy; NOW THEREFORE, BE IT RESOLVED BY .THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The BoarG of Trustees hereby approves and adopts the Town of Firestone Investment Policy, which is attached to this Resolution. Section 2. The Policy approved and adopted by this Resolution shall take effect January 23, 2020. Section 3. All resolutions and policies or portions thereof previously adopted that are inconsistent or conflicting with the policy adopted by this Resolution are hereby repealed to the extent of such inconsistency or conflict. I o • INTRODUCED, READ, and ADOPTED thi�day of IlYlUara, 2020. TOWN OF FIRESTONE, COLORADO TOWN " Bjbi Sindow, mayor m SE;AL $ ATTEST: ��Nry,•GG 0 BOARD OF TRUSTEES ADOPTED POLICY TOWN OF FIRESTONE SUBJECT: Investment Policy ISSUE DATE EFFECTIVE DATE January 23, 2020 January 23, 2020 INTENT The Town of Firestone (Town) understands the need to adopt an investment policy to establish parameters and guidelines for the efficient management of the Town's funds and for the purchase and sale of investments. This policy applies to the investments of all funds of the Town. Except for funds held in trust or special funds that are otherwise specifically provided for, the Town will consolidate the balances from all funds to maximize investmentearnings and meet the liquidity . requirements of the Town subject to the primary objective of providing. security, of principal amounts. This policy supersedes any and all previous investment policies adopted by the Town, POLICY The Town has established the following fiscal policy related to investments. Objectives It is the policy of the Town to invest idle public funds in a manner to meet. the daily cash flow demands of the Town with the primary objectives, in priority order, being: a) Liquidity sufficient to meet cash flow requirements as defined by allocation of assets b) Preservation of Principal c) Market rate of return commensurate with risk tolerance A.) Liquidity The investment portfolio shall retain sufficient liquidity to meet all of the Town's operating requirements that may be reasonably anticipated during the annual budget cycle. Investments shall be managed in order to avoid, although not prohibit, the need to sell securities in order to meet anticipated cash flow needs. Since all possible cash demands cannot be anticipated, the investment portfolio should contain a significant quantity of securities with active secondary. markets, As such, at least ten percent (10%) of the investment portfolio will be invested in overnight instruments, money market funds, Colorado local government pools, or in marketable securities which can be sold to raise cash with one business day's notice. Page 1 of 6 • B.) Preservation of Principal Preservation of principal is the next objective for the Town's investment portfolio. The portfolio should be managed in a manner that seeks to ensure stability of the overall investment portfolio by mitigating the following risks: I) Credit Default Risk The Town will minimize credit default risk, or loss due to the failure of the investment issuer or backer. By monitoring credit risk by restricting the minimum credit ratings on securities that may be purchased and through portfolio diversification, exposure to any one security type or issuer is minimized. As such, the Town shall place reliance upon Nationally Recognized Statistical Rating Organizations (NRSRO) in evaluating credit risk of obligations not issued by the U. S. government and Federal Instrumentality's (Agencies and Government Sponsored Enterprises). 2.) Interest Rate Risk The Town will minimize its interest rate risk, by employing an asset allocation strategy for portfolio management based on the Town's liquidity needs, structuring the portfolio to: first meet the cash requirements of the Town's ongoing operations, thereby mitigating the need to liquidate securities at a loss prior to maturity. The investment portfolio will be divided into three categories, Cash (overnight liquidity), Core Operating, and Reserves. • Cash is available to meet dailyand unforeseen liquid needs. q Y Core Operating is invested to meet budgeted cash demands throughout the fiscal year. Reserves are generally not scheduled to spend and maybe invested longer term. 3.) Concentration Risk The Town will minimize concentrated credit risk, by diversifying its investment portfolio so that the impact of potential losses from any one type of security or issuer will be minimized. investments issued or explicitly guaranteed by the U.S. government and investments in mutual funds, external investment pools, and other pooled investments are excluded from this requirement. Issuers not described in the preceding paragraph will be limited to 5% portfolio exposure per issuer, to include all security types, i.e, commercial paper, banker's acceptance and corporate debt. C.) Return on Investment The investment portfolio shall be designed and managed with the objective of attaining a market rate of return throughout interest rate cycles, taking into account the investment risk constraints and liquidity needs described in A. Return on investment is of secondary importance compared to liquidity and preservation of principal. Portfolio investments are limited to relatively low risk securities. Portfolio return objective is a fair, albeit lower, return relative to the risk being assumed. The portfolio return shall be measured vs. a benchmark with Page 2 of 6 characteristics commensurate with the investment policy and asset allocation of the portfolio based on the Town's cash flow requirements; examples include 2 year Constant Maturity Treasury Index, ICE BAML Government and Corporate Indexes and may be blended or modified as the portfolio grows and duration increases, as authorized by the Finance Director. Delegation of Authority Authority to oversee and manage the Town's investment program is granted to the Town's Finance Director. Responsibility for the operation of the investment portfolio may be delegated to Finance Department staff and/or investment advisor, acting in accordance with established written procedures and internal controls for the operation of the investment program consistent with this investment policy. Procedures should include references to: safekeeping, delivery vs. payment, investment accounting, repurchase agreements, wire transfer agreements, and collateral/depository agreements. No person may engage in an investment transaction except as provided under the terms of this policy along with the procedures established by the Finance Director. The Finance Director will be responsible for all investment transactions undertaken and shall establish a system of controls to regulate the activities of any Finance Department staff or the investment advisor. Authorized Investments • The Town's authorized investments shall consist of the following: 1.) U.S. government obligations, U.S. government agency obligations and U.S. government instrumentality obligations that have an active, liquid market. 2.) Any U.S. dollar denominated corporate or bank debt issued by a corporation or bank which is organized and operated with the United States with net worth in excess of two Hundred fifty million dollars; except that the notes evidencing the debt must mature within three years from the date of settlement. At the time of purchase, the debt must carry at least two credit ratings from any of the nationally recognized credit agencies and must be rated at least "AA- or Aa3" or the equivalent by any two NRSRO credit rating agencies. Concentration in this sector is limited to 30% of the book value of the Town's investments at the time of purchase, with no more than 5% of the book value concentrated in any single obligor regardless of investment type. 3) Commercial paper rated A-1, P-1, or their equivalent by any nationally recognized credit rating agencies. Total portfolio credit exposure shall not exceed 30% of the book value of the Town's investment portfolio with no greater than 5% total portfolio exposure to any single issuer at the time of purchase. 4) Securitized Certificates of Deposit, including. Yankee CDs, and bankers acceptances, the issuers of which are banks organized under U.S. laws or their parent companies, are rated A-1, P-I or their equivalent by any NRSROs. Total credit exposure including Authorized Investments 2, 3, 4 and shall not exceed 50% of the Town's total portfolio value. Page 3 of 6 • 5) Repurchase agreements and reverse repurchase agreements may be enacted with approved dealers with whom the Town has signed.a master agreement governing such transactions, and must mature within 90 days. U.S. Treasury, agency, or instrumentality securities must collateralize any such transactions, the market value of which shall be at least 102%. Securities collateralizing such transactions shall be held by a tri-party custodian. 6) Municipal bonds can include the general obligation or revenue bonds of any state of the United States, the District of Columbia, .or any territorial possession of the United States or of any political subdivision, institution, department, agency, instrumentality, or authority of any such governmental entities. No security may be purchased pursuant to this paragraph unless, at the time of purchase, the security is rated in one of the three highest rating categories by any NRSRO(A3/A-or better Colorado issuers, AA3/Aa- or non -Colorado issuers)Municipal bonds shall not exceed 25% of the total par value of the Town's investment portfolio. 7) Guaranteed investment contracts of domestically -regulated insurance companies having a claims -paying ability rating AAA or its equivalent by any nationally recognized credit rating agencies. • 8) Money market mutual funds and local government investment pools as permitted by Colorado statute, provided that such fiends are either registered with the SEC or rated AAA by any NRSRO. Interest Earnings Investment income will be allocated to the various funds based on the respective participation of capital in the overall investment portfolio, unless otherwise decided upon by the Finance Director. Investment Limitations The Town will adhere to the following investment limitations: A.) Diversification The Town's investments shall be diversified by: 1,) Limit investments in securities from a specific issuer (excluding U.S. Treasury and Government Sponsored Entity (GSE) securities) to 5%. 2.) Limit investment in securities to those with minimum credit ratings as follows: a. AA3/AA- or equivalent corporate and GSE issues b. A3/A- Colorado state and local government issues Page 4 of 6 • 3.) To the extent possible, match maturities with cash flow requirements; assure liquidity when needed. 4.) Limit portfolio sector concentration to: a. Maximum 25% municipal securities, 5 year max maturity b, Maximum 50% corporate issuers, 3 year max maturity 5.) Maintain a portion of the Town's investment portfolio in readily available asset classes including local government investment pools (LGIPs), money market funds, overnight repurchase agreements and marketable securities to ensure that appropriate liquidity is maintained to meet the Town's ongoing obligations.. B.) Maturity To the extent possible, the Town shall match its investments with anticipated cash flow needs. Unless matched to a specific cash flow, the Town will not invest in securities with maturities of more than five (5) years from the date of settlement. Q Sale of investments prior to maturity Investments may be sold prior to their maturity. date if the investment official determines that it is in the best interest of the Town to do so. It is the Town's intent to purchase and hold securities until maturity; however, from time to time, it may become necessary to sell a security at a gain or loss in order to meet cash flow requirements or to take advantage of certain exchange advantages for the overall enhancement of the portfolio. A) Derivatives Securities which derive their value from an underlying asset; group of assets, reference rate, or index value are not permitted as an authorized investment under this policy unless allowed under C.R.S. § 24-75-601, et seq. Reporting of Investments A report containing current investment activity and balances will be provided to the Town Board on a monthly basis unless another frequency (e.g., quarterly) is deemed satisfactory to the Town . Board. Page 5 of 6 • Policy Review The Finance Director will review the Investment Policy annually in concert with the preparation of the Town's year-end financial statements to ensure that the Town is adhering to the framework outlined in this policy and to statutory requirements for permissible investments of public funds under C.R.S. § 24-75-601, et se . Furthermore, the Finance Committee and Finance Director will be responsible for reviewing the Capitalization Threshold and Depreciation Policy every two years and will male.- recommendations for revisions to the policy as deemed appropriate. Adoption and modifications to this policy will require the approval of a simple majority vote by the entire Town Board. Ethics and Conflicts of Interest Town officials and employees involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the Town's investment program or that impairs their ability to make impartial investment decisions. Town officials and employees shall disclose, in accordance with state law, any substantial financial interest they have in financial institutions that conduct business with the Town. Town employees shall notify the Town Manager in writing of any such interest. Board members shall disclose any such interest in accordance with state law: i 0 • RESOLUTION NO.20-16 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN ENGAGEMENT LETTER WITH HILLTOP SECURITIES, INC., TO SERVE AS MUNICIPAL ADVISOR TO THE TOWN OF FIRESTONE REGARDING THE ACQUISITION OF DEBT INSTRUMENTS WHEREAS, the Town of Firestone {"Town"}is in need of professional municipal advisor services for the acquisition of Debt Instruments, which includes financial planning, debt management and financial implementation services; and WHEREAS, Hilltop Securities, Inc., has the expertise, experience and resources to provide the Town the required services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Engagement Letter with Hilltop Securities, Inc., including Appendix A, to provide municipal advisor services to the Town for the acquisition of Debt Instruments is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Engagement Letter on behalf of the Town. • INTRODUCED, READ AND ADOPTED this day of , 2020. ESTO TOWN OF FIRESTONE, COLORADO OWN b ti m, o bi Sind ,Mayor CIT 0 bti .f 0 ATTEST: e0UNTY, G�� enig, Town PROVED AS TO 0 illiam P i, Town Attorney 0 HilitopSeeurides AHMtaptWW[n sCompany. Jim Mantra .Director Public Finance January 6, 2020 Ms. Jessica Clanton, Finance Director . Town of Firestone 151 Grant Avenue P.O. Box 100 Firestone, CO 80520 Dear Ms. Clanton: On behalf of Hilltop Securities Inc, ("Hilltop Securities'), we appreciate the opportunity to serve as Municipal Advisor to the Town of Firestone (the "Issuer" or the "Town"). This letter will confirm the basic terms of our engagement and is dated, and shall be effective as of, the date executed by the Issuer as set forth on the signature page hereof (the "Effective Date'), Hilltop Securities will serve as Municipal Advisor to the Issuer. In this capacity, based on our professional experience and the information made available to us by the Issuer, Hilltop Securities agrees to perform the following services: Financial Planning. At the direction of Issuer, Hilltop Securities shall; 1. Survey and Analysis, Conduct a survey of the financial resources of the Issuer to determine the extent of its capacity to authorize, issue and service any evidences of indebtedness or debt obligation that may be authorized and issued or otherwise created or assumed by the Issuer collectively the "Debt Instruments') contemplated, This survey will include an analysis of any existing Debt Instruments as compared with the existing and projected sources of revenues which may be pledged to secure payment of debt service. 2,lture Financings. Consider and analyze future financing needs as projected by the Issuer's staff and consultants, if any, employed by the Issuer. 3.. Recommendations for Debt Instruments. On the basis of the information developed by the survey described above, and other information provided by the Issuer or publicly available, submit to the Issuer recommendations regarding the Debt Instruments under consideration, including such elements as the date of issue, interest payment dates, schedule of principal maturities, options. of prior payment, security provisions, and such other provisions as may be appropriate in order to make the issue attractive to investors while achieving the objectives of the Issuer. All recommendations will be consistent with the goal of designing the Debt Instruments to be sold on terms which are advantageous to the Issuer, including the lowest interest cost consistent with all other considerations, including but not limited to the market conditions at the time of sale. H1UtVSecuritiesInc, di= 303.771.0217 8055 H'hfts Ava cell 720.347.8953 suite Soo Jagen.simmons@Wftpswurlties.com Denver, CO 80237 HilltopSeauritiea cam • U 4. Market Information. Advise the Issuer of our interpretation of current bond market conditions, other related forthcoming bond issues and general information, including economic data, which night normally be expected to influence interest rates or bidding conditions so that the date of sale of the Debt Instruments may be set at a favorable time. Debt Management and Financial Implementation. At the direction of Issuer, HilltopSecurities shall: 1. Method of Sale. Evaluate the particular financing being contemplated, giving consideration to the complexity, market acceptance, rating, size and structure in order to make a recommendation as to an appropriate method of sale, and: . a; If the Debt Instruments are to be sold by an advertised competitive sale, HilltopSecurities will: 1) Supervise the sale of the Debt Instruments; 2) Disseminate information to prospective bidders, organize such informational meetings .as may be necessary, and facilitate prospective bidders' efforts in making timely submission of proper bids; . 3) Assist the staff of the Issuer in coordinating the receipt of bids, the safekeeping of good faith checks and the tabulation and comparison of submitted bids; and. 4) Advise the Issuer regarding the best bid and provide advice regarding acceptance or rejection of the bids: 2. If the Debt Instruments are to be sold by negotiated sale, HilltopSecurities will: a) Assist the Issuer in selecting one or more investment banking firms to act as managers of an underwriting syndicate for the purpose of negotiating the purchase of the Debt Instruments. 1) F?illtopSecurities will coordinate the sale of the Debt Instruments to the selected managing underwriter, and will assist the Issuer in the review and preparation of a bond purchase contract, an underwriter's agreement, or other comparable documents, 2) Provide a cost comparison for transaction costs and for the interest rates which are suggested by the underwriters, to the then current market. 3) Advise the Issuer as to the fairness of the price offered by the underwriters. 3. Offering Documents. Coordinate with Bond and Disclosure Counsel to prepare any Official Statement or Offering Memorandum, the preparation of the notice of sale and bidding instructions, if necessary, and such other documents as may be required and submit all such documents to the issuer for examination, approval and certification. After such examination, approval and certification, Hilltop Securities shall provide the Issuer with a supply of all such documents sufficient to its. needs and distribute by mail or, where appropriate, by electronic delivery, sets of the same to all parties as needed per the method of sale. 4. Credit Ratings. Make recommendations to the Issuer as to the advisability of obtaining a credit rating, or ratings, for the Debt Instruments and, when directed by the Issuer, coordinate the preparation of such information as may be appropriate for submission to the rating agency, or 2 r-I LJ agencies. In those cases where the advisability of personal presentation of information to the rating agency, or agencies, may be indicated, Hilltop Securities will arrange for such personal presentations, utilizing such composition of representatives from the Issuer as may be finally approved or directed by the Issuer. 5. Trustee, Paving Agent, Registrar. Upon request, counsel with the Issuer in the selection of a Trustee and/or Paying Agent/Registrar for the Debt Instruments, and assist in the negotiation of agreements pertinent to these services and the fees incident thereto. 6. financial Publications. When appropriate,advise financial publications of the forthcoming sale of the Debt Instruments and provide them with all pertinent information. 7. Consultants. After consulting with and receiving directions from the Issuer, arrange for such reports and opinions of recognized independent consultants as may be appropriate for the successful marketing of the Debt Instruments. 8. Issuer Meetings. Attend meetings of the governing body of the Issuer, its staff, representatives or committees as requested at all times when Hilltop Securities may be of assistance or service and the subject of financing is to be discussed. 9. Printing. To the extent authorized by the Issuer, coordinate all work incident to printing of the offering documents and the Debt Instruments. 10. Bond Counsel. Maintain liaison with Bond Counsel in the preparation of all legal documents pertaining to the authorization, sale and issuance of the Debt Instruments. 11. Changes in Laws. Provide to the Issuer copies of proposed or enacted changes in federal and state laws, rules and regulations having, or expected to have, a significant effect on the municipal bond market of which Hilltop. Securities becomes aware in the ordinary course of its business, it being understood that Hilltop Securities does not and may not act as an attorney for, or provide legal advice or services to, the Issuer. 12. DelivW of Debt Instruments. As soon as a bid for the Debt Instruments is accepted by the Issuer, coordinate the efforts of all concerned to the end that the Debt Instruments may be delivered and paid for as expeditiously as possible and assist the Issuer in the preparation or verification of dal closing figures incident to the delivery of the Debt Instruments, 13. Debt Service Schedule,• Authorizing Resolution, After the closing of the sale and delivery of the Debt Instruments, deliver to the Issuer a schedule of annual debt service requirements for the Debt Instruments and, in coordination with Bond Counsel, assure that the paying agendregistrar and/or trustee has been provided with a copy of the authorizing ordinance, order or resolution. 14. Elections. In the event it is necessary to hold an election to authorize the contemplated issuance, assisting in coordinating the assembly of such data as may be required for the preparation of necessary petitions, orders, resolutions, ordinances, notices and certificates in connection with the election, including assistance in the transmission of such data to the Issuer's bond counsel, Term of this Engagement, The term of this Agreement begins on the Effective Date and ends, unless terminated pursuant the language below, on the last day of the month in which the fifth anniversary date of the Effective Date shall occur (the "Termination Date" }. Unless hilltop Securities or the Issuer shall notify the other party in writing at least thirty (30) days in advance of the Termination Date that . w 1� u • • this Agreement will not be renewed, this Agreement will be automatically renewed on the Termination Date for an additional one (1) year period and thereafter will be automatically renewed on each anniversary date of the Termination Date for successive one (1) year periods unless Hilltop Securities or the Issuer shall notify the other party in writing at least thirty (30) days in advance of such successive anniversary date. This Agreement may be terminated with or without cause by the Issuer or Hilltop Securities upon the giving of at least thirty (30) days' prior written notice to the other party of its intention to terminate, specifying in such notice the effective date of such termination. In the event of such termination, it is understood and agreed that only the amounts due Hilltop Securities for services provided and expenses incurred to the date of termination will be due and payable. No penalty will be assessed for termination of this Agreement. In consideration of providing the requested services, Hilltop Securities shall receive fees as outline in Appendix A. In any event regardless of the cause of action, Hilltop Securities' total liability (including loss and expense) to the Issuer in the aggregate shall not exceed the gross amount of fees received by Hilltop Securities pursuant to this letter agreement. The limitations of liability set forth in this letter agreement are fundamental elements of the basis of the bargain between Hilltop Securities and the Issuer, and the pricing of the services set forth above reflect such limitations, This letter agreement shall be constrained and given effect on accord with the laws of the State of Colorado. Hilltop Securities is providing its Municipal Advisor Disclosure Statement (the "Disclosure Statement', current as of the date of this Agreement, setting forth disclosures by Hilltop Securities of material conflicts of interest, if any, and of any legal or disciplinary events required to be disclosed pursuant to Municipal Securities Rulemaking Board Rule 042. The Disclosure Statement also describes how Hilltop Securities addresses or intends to manage or mitigate any.disclosed conflicts of interest, as well as the specific type of information regarding, and the date of the last material change, if any, to the legal and disciplinary events required to be disclosed on Norms MA and MA-1 filed by Hilltop Securities with the Securities and Exchange Commission. We look forward to working with you during this engagement. Please acknowledge acceptance of these terms by signing in the space provided below and returning two copies to me. Town of Firestone, Colorado Agre nd Ace e ted. )By: Name: Title: a! ctuor r. 1. Ar ../. 4 • C • APPENDIX A COMPENSATION This Appendix A sets out the form and basis of compensation to Hilltop Securities for the Municipal Advisory Services provided under this Agreement; provided that the compensation arrangements set forth in this Appendix A shall also apply to any additional services hereafter added to the scope of the Municipal Advisory Services, unless otherwise provided in the amendment to the Agreement relating to such change in scope of Municipal Advisory Services. Transaction Fee All fees for transactions are payable on a contingent basis - the Issuer will only pay Hilltop Securities upon a successful issuance and closing of such financing and is payable out of proceeds from such issuance. The benchmark fee for a fixed-rate General Obligation, or Enterprise Revenue issue is $1.00 per $1,000 of proceeds, with a minimum fee of $29,500 and a maximum fee of $59,500. A final Transaction Fee will be agreed to in writing or by e-mail during the period corresponding to the marketing of each transaction, Transaction Fees may be reduced by the amount of any Retainer Fees received by the Municipal Advisor, if any, during the six months prior to the closing of any transaction. For certain development -oriented transactions, variable rate transactions, leases (including certificates of participation) or any transaction which involves additional complexity or has required an extended or unexpected time commitment, the requested Transaction Fee may be higher. For certain transactions inwhich the Municipal Advisorprovides less than the full Scope of Services (such as for loans available from an agency of the State of Colorado), the requested Transaction Fee may be less. Other Compensation In the event that we are asked to provide analytical, capital planning, or consulting services which are not directly related to an active transaction, if authorized by the Issuer, we would invoice on an hourly basis according to the schedule provided below. We understand that we are not entitled to any compensation whatsoever which has not been discussed and approved in advance by the Issuer. Directors Vice Presidents Assistant Vice Presidents Associate/Analyst Expenses Hourly Rate: $350 $250 $150 $100 If approved in advance by the Issuer, Hilltop Securities would request reimbursement of out of pocket travel expenses related to work with the Issuer. The payment of reimbursable expenses that Hilltop Securities l:as assumed on behalf of the Issuer shall NOT be contingent upon the delivery of a new issuance of municipal securities or the completion of any other transactions for which such expenses have been assumed and shall be due at the time that services are rendered and payable upon receipt of an invoice therefor submitted by Hilltop Securities, unless otherwise provided for in any amendment or addendum hereto in connection with the compensation arrangements for any services provided under the Agreement for which such amendment or addendum is required. The Issuer shall be responsible for the following expenses in connection with the Municipal Advisory Services (including any additional services hereafter added to the scope of the Municipal Advisory Services), if and when applicable, whether they are charged to the Issuer directly as expenses or charged to the Issuer by Hilltop Securities as reimbursable expenses: bond counsel fees and expenses, bond printing costs, bond ratings fees and expenses, computer structuring costs, credit enhancement fees and expenses, accountant fees for verifications and related activities in connection with refunding's, official statement preparation and printing, paying agent/registrar/trustee fees and expenses, travel expenses, underwriter and underwriter's counsel fees and expenses, and other miscellaneous expenses incurred by Hilltop Securities in the furtherance of any matter for which it serves as municipal advisor, • 6 . RESOLUTION NO.20-17 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING EQUIPMENT PURCHASES FOR THE TOWN'S PUBLIC WORKS DEPARTMENT WHEREAS, pursuant to § 31-15-302, C.R.S., the financial powers of the Town of Firestone ("Town") include the power to control the finances and property of the Town and appropriate money for municipal purposes; and WHEREAS, the Board of Trustees desires to authorize staffs purchase of equipment that is necessary for the Public Works Department ("PWD") in the performance of its park and street duties; and WHEREAS, PWD desires to expend an amount not to exceed $148,000 for purchase of the following equipment: Caterpillar 289D3 Compact / Multi Terrain Loader for $t 16,500.00; Toro Sand Pro 5040 for $31,600.00; and WHEREAS, the Board of Trustees finds that the purchase of such equipment is in the best interest of the Town. • NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Board of Trustees hereby approves the purchase of the Public Works Department equipment as set forth in this Resolution. INTRODUCED, READ AND ADOPTED this 22nd day of January, 2020. E.5rw3t�;� TOWN OF FIRESTONE, COLORADO a �owN m ; SEAL ,o ifs r � �Q664 RAN Sind , Mayor ATTEST: °UNry. Koenig Town APPROVED AS TO Y: • William-R. -Hayashi, Town Attorney 1)0 RESOLUTION NO.20-18 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING THE FIRST AMENDMENT TO WATER CREDIT PURCHASE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND MORTGAGE CONSULTANTS, LLC WHEREAS, Mortgage Consultants, LLC, ("Buyer") is a "subdivider," as that term is defined in Section 16.04.020 of the Firestone Municipal Code ("Code"), who agreed to dedicate "water rights" and/or "shares" to the Town of Firestone ("Firestone") pursuant to an Annexation Agreement dated January 16, 1999 ("Annexation Agreement"), and who must actually dedicate those "water ~fights" and/or "shares" prior to the first recording of a final plan, final subdivision, or final development plan or receiving a building permit; and WHEREAS, Firestone obtained certain water supplies and has made these water supplies available to Bidders pursuant to the Firestone Municipal Water Credit Bidding Rules and Procedures ("Bidding Rules and Procedures") as Water Credits; and WHEREAS, Buyer placed a successful bid and was awarded the right to and purchase of 131 Water Credits from Firestone; and WHEREAS, Firestone, in its sole discretion, agreed to accept the Water Credits to fulfill Buyers dedication of "water rights" and/or "shares" requirement as outlined in the Code and specified in the Water Credit Purchase Agreement ("Agreement") entered into by Firestone and Buyer on February 8, 2018; and WHEREAS, Section 8 of the Agreement provides: Expiration. The Water Credits described herein shall expire on February 7, 2020 ("Expiration Date") if not dedicated to Firestone prior to the Expiration Date. All of Buyer's rights in and to the Water Credits, and/or to dedicate said Water Credits, shall extinguish if not dedicated prior to the Expiration Date. Buyer shall not be entitled to any proceeds or reimbursement from any sale subsequent to the Expiration Date; and WHEREAS, Buyer has advised Firestone that, as a result of contractual difficulties in securing a builder, it will be unable to meet the Agreement's February 7, 2020 Expiration Date, which would result in forfeiture of its Water Credits and any claim to proceeds or reimbursement from any subsequent sale of the forfeited Water Credits; and WHEREAS, Buyer in the belief that it can now meet the Agreements obligation has requested that the Agreement's Expiration Date be extended for one year; and WHEREAS, Firestone as an accommodation to Buyer is willing to grant a one-time isextension of the Expiration Date till February 7, 2021; and WHEREAS, in consideration of such extension, Buyer agrees that it shall not request any additional extension of the Agreement's Expiration Date. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The First Amendment to Water Credit Purchase Agreement between the Town of Firestone and Mortgage Consultants LLC is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the First Amendment on behalf of the Town. INTRODUCED, READ AND ADOPTED this 22nd day of January, 2020. fYQwl� ..r 1 10 :o �t ATTEST: <aco �Qo n tva"e'..4 L/ J s 'ca Koenig, To APPROVE ST FO Hayashi, Town Attorney 0 TOWN OF FIRES NE, COLORADO �0 1� " bi SiAdlar, Mayor 2 • FIRST AMEND1VlMCNT TO WAAIR CRE! DIT PtiRCHASE A.GREEMENT'BETWEEN THE TOWN OF FIRESTONE AND MORTGAGE CONSULTANTS,:INC. WHEREAS; Mortgage Consultants; LLC, ("Buyer") is a' -subdivider," as that term is defined in *Section 16X4,020 of the Firestone Municipal Code'C'Code"), who agreed to dedicate "water rights". -and/or "'shares" to. the Town of Firestone "Firestone") pursuant to an Annexation Agreement dated .Tanuary' 16, 1999� ("Aluidm 6n. Agreement"), artd who. -must actually dedicate those "water -rights" and/or "shares" prior to the first recording of 'a final'plan,. final subdivision, 'or final development plan or receiving a building permit; and WHEREAS, Fitestone. obtained certain water supplies and made these water supplies available to Bidders pursuant to the Firestone Municipal Water Credit. $idding Rules and Procedures {"Bidding; Rules and Procedures") as Water Credits; and WHEREAS, Buyex placed a successful bid and was awatded. the right to and purchase- of 131 Water Credits from Firestone; and WHEREAS, Firestone,, in its sole discretion, agreed to accept the Water Credits to fulfill Buyers dedication of "water rights" and/or "shares" requirement as outlined in the Code and Specified, iti the Water Credit Purchase Agreement {"Agreement") entered into by Firestone. and Buyer on February 8, 2018; and WHEREAS, 'Section 8, of -the Agreement provides: Exnimti'on. The Water Credits described liere'in..shall expire on February 7, 2020 ("Expiration Date") if not dedicated to Firestone prior to. the Expirations Date. Alt of Buyer's rights in and to -the Water Credits, and/or to dedicate said Water Credits; shall ekiingttish. if not dedicated prior to the Expiration Date..Buydr shall not be, entitled to any proceeds or reimbuisem'ePt from -any sale subsequent to the Expiration Date; and WHEREAS, Buyer has advised Firestone. that; as a result of contractual 'difficulties in securing; a builder, it will be unable to mcet'the Agreement's February 7, 2020 Expiration Date, which, would result in forfeiture of its Water Credits and any cfaim to. proceeds or reimhursenient from any subsequent sale by Firestone of tlxe forfeited Water Credits; and WHEREAS, Buyer ihAhe belief that it can now meet the Agreement's obligations has requested tlAt the Agreement's'Expiration Date be, extended 'for one year,, And WHEREAS, Firestone :as an accommodation to Buyer is willing to grant .a onetime extension pf fire Expiration Date till February?, =J; and WHEREAS, in consideration of such extension; Buyer agrees that it shall not •equest any additional extertsion'of the'Agreernent's Expiration Date; and C� • WHEREAS, -Section, 9 of the Agreement provides that it inay be amended by a writing signed by both parties. THEREFORE, in considertition of the tears and conditions set forth herein, inrluding-1he. above recitals which are included herein and made a part of this First Amendment, the parties agree as follow, Seetion,One: Section 8; "Expiration" of the %tpr Credit Purchase Agreement is amended: to read as follows: -Expiration, The Water Credits described herein shall expire an Febttiary 7, 2021 ("Expiration Date") if not dedicated to Firestone prior to the. Expiration Date. Alt of Buyer's rights in and, #o the Water Credits, and/or to dedicate said Water Credits, shall extinguish ifiW dedicated prior.to the Expitation Date. Buyer-sha11 not be entitled to any proceeds or reimbursement from any 'sale subsequent td the Expiration Date; and Section Two: All other terms and --conditions of the Agreement retrain in full force -and effect. IN WITNESS WHEREOF, the parties have eitecuted this Amendment with an effective date of -February 6; �020. „ TOWN OF ATTEST; r sica koenig, 'Cleric P M: AS TO FORK. Wilda.' ayashi, Town Attorney MORTjG-C N ANTS,, LLC. By: iLc • RESOLUTION NO.20-19 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND WELD COUNTY FOR VOTER REGISTRATION SPECIALIST SERVICES WHEREAS, intergovernmental agreements to provide functions or services, including the sharing of costs of such services or functions, by political subdivision of the State of Colorado are specifically authorized by Colo. Constitution Art. XIV Sec. 18 § (2)(a), and C.R.S. § 29-1-203; and WHEREAS, the Town of Firestone ("Town") is in need of the services of a voter registration specialist for its April 7, 2020 election; and WHEREAS, Weld County employs a voter registration specialist whose services it is willing to offir to the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Intergovernmental Agreement between the Town of Firestone and Weld County for voter registration specialist services is approved in substantially the same form as the attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED thislay of , 2020. ATTEST: I ica Koen-i g, To erk P D AS TO FORM: WilliaRflHayashi, Town Attorney TOWN OF FIRESTONE, COLORADO �A- � dA — bi Si lar, Mayor • AL THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is made and entered into effective as of the"day of 2020, between the COUNTY OF WELD, a political subdivision of the State of Colorado, whos ddress is P. O. Box 758, 1150 O Street, Greeley, CO 80632, hereinafter referred to as, ('Weld County;") and the TOWN OF FIRESTONE a political. subdivision of the Staie of Colorado; with address of 151 Grant Avenue, Firestone CO 80520, hereinafter referred to as, ("Firestone'). Both entities may be referred to herein individually as "Jurisdiction," or collectively as "the Jurisdictions." WITNESSETH: 1HEREi#S, intergovernmental agreements to provide. functions or services, including the sharing. of costs of such services or functions, by political subdivisions of the State of Colorado, are specifically authorized by Colo. Constitution Art XIV Sec.18 § (2)(a) and C.R.S. § 29-1-203, and WHEREAS, Firestone is. in need of the services of a Voter Registration Specialist, and WHEREAS, Weld County employs a Voter Registration Specialist, and said professional has time available to offer to assist. Firestone in Voter Registration, and • WHEREAS, Pursuant to the terms of this IGA Weld County is willing to share the services of its Voter Registration Specialist with Firestone. NOW, THEREFORE, in consideration of the mutual promises and covenants expressed herein, the Jurisdictions agree as follows: Sharing of Voter Registration Services. Weld County consents to having 'its Voter Registration Specialist spend a portion of his or her time each week assisting the Firestone in Voter Registration. The Weld County Voter Registration Specialist shall keep careful track of his or her time spent in service to Firestone. Firestone shall be responsible for payment of the Voter Registration Specialist's services at the rate of $15 per hour which includes travel time and for all costs incurred by the Voter Registration Specialist. in service to Firestone. The Voter Registration specialist will be present at Firestone for the 2020 Municipal Election on the following dates and times: Thursday, April 2, 2020 through Monday, April 6,.2020 from 8:00 a.m. 'to 500 p.rri; Tuesday, April Th, 2020 (Election Day) from 7:00 a.m. to. 7:00 p.m. • o2oA6 0 • 2. Employment Status of Voter Registration Specialist. Nothing contained in this IGA, and no performance under this IGA by the Voter Registration Specialist shall in any respect alter or modify the status of said professional as a Weld County employee for purposes of worker's compensation or his or her benefits or entitlements, pension, levels or types of training, internal discipline, certification, or "rank p`rocedure5; methods, of categories; or for any purpose, or condition or requirement of employment, 3. Insurance .Coverage. for Voter Registration Specialist. Weld County shall maintain its own insurance coverage, for both liability and damage, for the Voter Registration Specialist and neither Jurisdiction waives any of the rights, protections, .irnrnunities and limitations afforded each in accordance with.the Colorado 'Governmerital Immunity Act CA.S. 24-10-.101 et seq. as same may be amended from time to time. 4. Assignment. This IGA shall 'be binding upon the successors and assigns .of each of the Jurisdictions hereto, except that neither Jurisdiction may assign any of its rights or obligations hereunder without the prior written consent of the other Jurisdiction: 5. No Third -Party Beneficiary. It is expressly understood and agreed that enforcement of the terms and conditions of the IGA, and all rights of action relating to such enforcement, shall be strictly reserved to .the Jurisdictions, and nothing contained in this IGA shall give or allow any such claim or right of action by any other or third person on such IGA. It is the express intention of the Jurisdictions that any person other than the Jurisdictions receiving services or benefits under this TGA shall be deemed to be an incidental beneficiary, only. 6. Amendments. Amendments to this IGA may be made only upon unanimous consent by both Jurisdictions. Such consent shall become effective upon its receipt in writing at the addresses set forth above. 7. Termination. This IGA shall terminate on April 8, 2020 however either Jurisdiction may terminate this IGA, with or without cause, upon ten (10) days prior written notice sent_ to the other Jurisdiction at the address set forth above.. 8. Execution of IGA. This IGA may be executed by each Jurisdiction ,on a separate signature page. Original signature pages will be held by each Jurisdiction. 2 0 .Sighed this q'Iday of 2-7LI6LrIrP-L -626, ATTEST: �'Ok COUNTY OF WELD, a political [' " B- Weld, County Clerk to. h- . c. Aawd 5-ubdivisi.on of the State of Colorado By.. Y. by. - Deputy Cl to e Mike r-reeman.,'Chairm.an Bo.atd of Comity Commissioners of the Coun.ty:of Weld MAR 0 9 2020. Weld (ounty Clerk and Rddoid6t . TdWh of Firestone;'a 0olitidal �subdivfsion of the State _of Colorado 0 Bye C)" by: CI - Carly Koppes,\(Txrk and Rdborder Title:M&uW- VS\- . 3 0 RESOLUTION NO.20-20 A RESOLUTION OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING A TABOR ELECTION ON APRIL 7, 2020, FIXING THE BALLOT TITLE AND QUESTION WHEREAS, the Town of Firestone (the "Town"), is a Colorado statutory town duly organized and existing under laws of the State of Colorado; and WHEREAS, the members of the Board of Trustees of the Town (the "Board of Trustees") have been duly elected and qualified; and WHEREAS, Article X, Section 20 of the Colorado Constitution ("TABOR") requires voter approval for any new tax, the creation of any debt and for spending certain moneys above limits established by TABOR; and WHEREAS, TABOR requires the Town to submit ballot issues (as defined in TABOR) to the Town's electors on limited election days before action can be taken on such ballot issues; and WHEREAS, April 7, 2020, is one of the dates at which ballot issues may be submitted to the eligible electors of the Town pursuant to TABOR; and • WHEREAS, the Board of Trustees hereby determines that it is necessary to submit to the electors of the Town, at a regular municipal election to be held on April 7, 2020, the question of increasing taxes for municipal purposes of the Town; and WHEREAS, all elections of the Town are governed by the Colorado Municipal Election Code unless otherwise provided by ordinance; and WHEREAS, the Board of Trustees now determines it is necessary to submit to the electors of the Town, at the election on April 7, 2020, a ballot issue question authorizing the expansion of the purposes for which .6% of the Town's current 3.6% sales and use tax can be expended; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: V Section 1. All action heretofore taken (not inconsistent with the provisions of this resolution) by the Town and the officers thereof, directed towards the election and the objects and purposes herein stated is hereby ratified, approved and confirmed. • Section 2. Unless otherwise defined herein, all terms used herein shall have the meanings defined in the Uniform Election Code of 1992, Title 1, Articles 1 through 13, C.R.S., as • amended (the "Uniform Election Code") and Title 31, Article 10, C.R.S., as amended (the "Municipal Election Code"). Section 3. Pursuant to TABOR and the Municipal Election Code of 1992, and all laws amendatory thereof and supplemental thereto, the Town hereby determines that a regular election shall be held within the Town on April 7, 2020 (the "election"), and that there shall be submitted to the eligible electors of the Town the question set forth herein. The Board of Trustees hereby determines that at the regular election to be held on April 7, 2020, there shall be submitted to the eligible electors of the Town the question set forth in Section 4 hereof. The election will be held as a mail ballot election, and the Board of Trustees hereby determines that the Town clerk shall conduct the election on behalf of the Town. Section 4. The following ballot issue, certified in substantially the form set forth below, is hereby referred to the registered electors of the Town and shall appear on the ballot of the Town at the election with the following ballot title which is set pursuant to Section 31-11- I11, C.R.S.: WITHOUT INCREASING THE CURRENT TOTAL SALES AND USE TAX RATE OF 3.6%, SHALL THE TOWN OF FIRESTONE BE AUTHORIZED TO EXPAND THE PURPOSES FOR WHICH THE .6% SALES AND USE TAX (APPROVED IN 2017) CAN BE USED TO INCLUDE: . • OPERATION AND MAINTENANCE OF THE POLICE AND MUNICIPAL COURT FACILITY; • CONSTRUCTION, OPERATION AND MAINTENANCE OF OTHER TOWN FACILITIES, AND PROVIDED FURTHER THAT THE EXISTING LIMITATIONS IMPOSED BY THE 2017 BALLOT QUESTION, INCLUDING FOR A PERIOD NOT TO EXCEED TWENTY- FIVE YEARS, SHALL REMAIN IN FULL FORCE AND EFFECT? Section 5. The Town clerk is hereby appointed as the designated election official of the Town for purposes of performing acts required or permitted by law in connection with the election. Section 6. If a majority of the votes cast on the question to authorize imposition of taxes submitted at the election shall be in favor of imposing such taxes as provided in such question, the 'Town, acting through the Board of Trustees, shall be authorized to proceed with the necessary action to impose such taxes in accordance with such questions. Any authority to impose taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to contract the imposition of such taxes so authorized at any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor • any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. Section 7. Pursuant to Section 31-10-1308(2), C.R.S., any election contest arising out of a ballot issue or ballot question election concerning the order of the ballot or the form or content of the ballot title shall be commenced by petition filed with the proper court within five days after the title of the ballot issue or ballot question is set. Section 8. The officers of the Town are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this resolution. Section 9. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution. Section 10. All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed. adoption. • • Section 11. The effective date of this resolution shall be immediately upon 3 • • • INTRODUCED, READ AND ADOPTED this 12th day of February, 2020. ATTEST: J s ca Koenig To Clerk APPROVED AS F RM: TOWN OF FIRESTONE, COLORADO S1O /vda I f % o B i Sinde , Mayor i �• o Ile William P. R yashi, Town Attorney M • STATE OF COLORADO ) COUNTY OF WELD ) SS. } TOWN OF FIRESTONE } • C 1, Jessica Koenig, the Town clerk of the Town of Firestone, Colorado (the "Town"), do hereby certify: 1. The foregoing pages are a true and correct copy of a resolution (the "Resolution") passed and adopted by the Board of Trustees of the Town (the "Board of Trustees") at a regular meeting of the Board of Trustees held on February 12, 2020, 2. The Resolution was duly introduced, moved and seconded and passed at the regular meeting of February 12, 2020, by an affirmative vote of a majority of the members of the Board of Trustees as follows: Name "Yes" "No" Absent Abstain Bobbi Sindelar, Mayor Drew Peterson, Mayor Pro Tem Don Con act, Trustee George Heath, Trustee Ile Frank A. Jimenez, Trustee Samantha Meiring, Trustee / Douglas Sharp, Trustee 3. The members of the Board of Trustees were present at the meeting and voted on the passage of such Resolution as set forth above. 4. The Resolution was approved and authenticated by the signature of the Mayor, sealed with the Town seal, attested by the Town clerk and recorded in the minutes of the Board of Trustees. 5. There are no bylaws, rules or regulations of the Board of Trustees which might prohibit the adoption of said Resolution. 5 • 6. Notice of the regular meeting of February 12, 2020 in the form attached hereto as Exhibit A was'posted at the rjY1 hal Firestone, Colorado, not less than twenty-four hours prior to the meeting in acc rdance with law. r STONFTOWN s EAL (SEAL) • 0 RI • EXHIBIT A (Attach Notice of Meeting) 7 BOARD OF TRUSTEES FIRESTONE REGULAR MEETING AGENDA.. • C O L O R A D O February 12, 2020 TOO PM 151 Grant Avenue Firestone, CO 80520 1, Call to Order & Roll Call 2. Pledge of Allegiance 3. ..Approval of Agenda 4. Public Comment *(maximum time permitted for all Public Comment is 30 minutes) 5. Consent Agenda 5.a. Approval of January 22, 2020 Board of Trustees Regular Meeting Minutes 5.b. Resolution 20-12: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING A LICENSE AGREEMENT WITH PUBLIC SERVICE COMPANY OF COLORADO REGARDING THE INSTALLATION, OPERATION AND MAINTENANCE OF A GAS GATHERING PIPELINE WITHIN TOWN -CONTROLLED RIGHT-OF-WAY 5.c. Resolution 20-19: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND WELD COUNTY FOR VOTER REGISTRATION SPECIALIST SERVICES 6. Proclamation 7. Presentation 7.a. Carbon Valley Half Marathon S. Local Licensing Authority - Public Hearing 9. Public Hearing 10. Discussion/Action • * Individuals that desire to address the Board of Trustees are requested to sign up at the table at the entrance to the meeting room. Each individual will be provided an opportunity to speak (limited to three minutes) during Public Comment. Maximum time permitted for all Public Comment is 30 minutes. If you need special assistance in order to participate in a Board of Trustees meeting, please contact the Town Clerk's Office at 303-833-3291 in advance of the meeting to make arrangements. A forty -eight -hour notice is requested. Town of Firestone Board of Trustees Regular Meeting Agenda 7:00 PM . February 12, 2020 Page 2 of 2 10.a. Frontage Road Bridge Expansion Joint Repair Discussion 10.b. Resolution 20-20: A RESOLUTION OF. THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING A TABOR ELECTION ON APRIL i, 2020, FIXING THE BALLOT TITLE AND QUESTION 10.c. Enterprise Managed Vehicle Program Discussion 11. Public Comment *(maximum time permitted for all Public Comment is 30 'minutes) 12. Reports 12.a. Staff 12.b. Mayor 12.c. Trustees' 13. Executive Session 14. Adjournment * Individuals that desire to address the Board of Trustees are requested to sign up at the table at the entrance to the meeting room. Each individual will be provided an opportunity to speak (limited to three minutes) during Public Comment. Maximum time permitted for all Public Comment is 30 minutes. If you need special assistance in order to participate in a Board of Trustees meeting,.please contact the Town Clerk's Office at 303-833-3291 in advance of the meeting to make arrangements. A forty -eight -hour notice is requested. RESOLUTION NO.20-21 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND VANTAGE POINT SOLUTIONS, INC., FOR A BROADBAND FEASIBILITY STUDY WHEREAS, the Town of Firestone ("Town") recognizes that access to reasonably priced high-speed broadband internet services is a priority for the long-term development and vitality of the Town; and understanding that broadband solutions must align with community needs such as support for Firestone's residents, businesses, students, senior citizens, public safety officials and others; and respecting the fact that in 2018, Firestone voters approved local authority for broadband services; and I WHEREAS, the Town issued a Request For Proposals for a Broadband Feasibility Study to assist the Board of Trustees in obtaining resources and data which could aid the Board in making informed decisions concerning high-speed internet delivery options; and WHEREAS, the Town reviewed the submitted proposals and after interviewing the top candidates selected Vantage Point Solutions, Inc., as the most qualified and responsive party. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement for a Broadband Feasibility Study between the Town of Firestone and Vantage Point Solutions, Inc., is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this,& day of , 2020. ATTEST: '9 �r TOWN OF FIRESTQ E, COLORADO T& - V�n OU�r bi Sir�ddar, Mayor APPROVED AS TO FORM: William . Hayashi, Town Attorney AGREEMENT FOR PROFESSIONAL SERVICES THIS AG%MENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this day of . eb 1' 2020 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation than address of 151 Grant Avenue, P.O. Box 100, Firestone, Colorado 80520 (the "Town"), and VANTAGE POINT SOLUTIONS, INC, an independent contractor with a principal place of business at 2211 N Minnesota, Mitchell, SD 57301 ("Contractor) (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requlslte expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:. SCOPE OF SERVICES A. Contractor .shall furnish all tabor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably Implied from the Scope of Services .set forth in Exhibit A, altached hereto and Incorporated herein by this reference and known as: Broad Band Feasibility Study (A2020.9902), • B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town Is authorized to modify any term of this Agreement, either directly or implied by a course of action. • It. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination, If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor 52 500.00. This amount shall include all fees, costs and expenses incurred. by Contractor, and no additional amounts shall be gold by the Town for such fees, costs and expenses. Contractor may submit periodic invoices, which snail be paid by the Town within 30 days of receipt: Pag'a I of 12 FIRESTaNE e , IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses In good standing, required by law. The work performed by Contractor shall be In accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work In the applicable community. The work and services to be performed by Contractor hereunder shall be done In compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work except as expressly set forth In the Scope of Services. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, If at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and Interest in such work. The • Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. If the Town reuses or makes any modification to Consultant's designs, documents or work product without the prior written authorization of Consultant, the Town agrees, to the fullest extent permitted by law, to release the Consultant, its officers, directors, employees and sub -consultants from all claims and causes of action arising from such uses, and shall indemnify and hold them harmless from all costs and expenses, Including the cost of defense, related to claims and causes of action to the extent such costs and expenses arise from the Town's modification or reuse of the documents. The Town expressly acknowledges and agrees that the documents and data to be provided by Consultant under the Agreement may contain certain design details, features and concepts from the Consultant's own practice detail library, which collectively may form portions of the design for the Project, but which separately, are, and shall remain, the sole and exclusive property of Consultant. Nothing herein shell be construed as a limitation on the Consultant's right to re -use such component design details, features and concepts on other projects, in other contexts or for other clients. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it Is a Town employee for any purposes. i Page 2 of 12 FIRESTONE C 0 4 0 R A 0 0 Vill. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to Insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to fits Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the Insurance coverages listed below, with forms and Insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate, The policy shalt be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal Injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of Interests provision, and shall include the Town and the Towns officers, employees, and contractors as additional Insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability Insurance with minimum limits of $1,000,000 each claim and $Z000,000 general aggregate. S. . Such insurance shall be In addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any Insurance carded by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in: full force and effect. The certificate shall identify this Agreement. VIIL INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, Including attorney fees, on account of Injury, loss, or damage, Including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are In any manner connected with this Agreement if such injury, loss, or damage Is caused In whole or In part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a workers compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this Indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. Page 3 of U FIRESTONE L' U b U R A D P B. If Contractor Is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contraclo's liability or fault has been determined by adjudication, altemative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by .C.R.S. § 13-50,5- 102(8)(c). IX. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B, Prohibited Acts.. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter Into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform worts under this Agreement. C. Verification, 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all . employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor If within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who Is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an Illegal alien who is performing work. under this Agreement. D. Duty to Comply with Investlgations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-1 7.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who Page 4 of 12 FIRESTONE C o L o R A 0 0 perform woA under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto, X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. B. Na fiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement: . C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. F. . Severability, If any provision of this Agreement Is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and .effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attomeys and employees, 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 or protections provided by the Colorado Governmental Immunity Act, C.R,S. § 24- 10.101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees, J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall In no way limit the Towns legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed, K. Subiect to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution; any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. L. Representative Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute the Agreement, Page 5 of 12 FIRESTONE IN WITNESS WHEREOF, the Parfi , eculed this Agreement as of the Effeclive date; TO OF FIRESTON9 C LORAA00 4A * �141 �o R �o ovN`t't • Mayor, Bobbi Sindelar ATTEST;' William 0 AS TO FORM: yashi, Town Aftmey VANTAGE POINT SOLUTIONS, INC,. f Y �n Page B of 12 FIRESTONE C-,11 b b N A 0 0 • NO EMPLOYEE AFFIDAVIT To be completed only if Contractor has no employees 4. Check and complete one: ❑ I, am a sole proprietor doing business as . I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Firestone (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR ❑ I, am . the sole ownerlmemberlshareholder of a [specify type of entity — i.e., corporation, limited liability company], that does not currently employ any Individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verl6catlon requirements outlined in that Agreement. 2. Check one. ❑ I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items. ■ A valid Colorado driver's license or a Colorado identification card; ■ A United States military card or a mllrtary dependent's identification card; ■ A United States Coast Guard Merchant Mariner caul; • A Native American tribal document; - In the case of a resident of another state, the driver's license or state4ssued ldentffication card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the idenfficafion card; or ■ Any other documents or combination of documents listed in the Town's "Acceptable Documents for. Lawful Presence Verification" chart that prove both Contractor's cilkenship/lawful presence and Identity OR ❑ I am otherwise lawfully present In the United States pursuant to federal law, Contractormust verify this statement through the federal Systematic Alien Veycation of Ent itlement- rSAVE') program, and provide such verification to the Town. Signature Date page 7of12 fIRESTONE Fj • • DEPARTMENT PROGRAM AFFIDAVIT To be completed only if Conlmdorpedicfpatas in the Department of Labor LaOul Pmsence Verrficafion Pmgram as a public contractor under contract with the Town of Firestone (the "Town"), hersby affirm that: 1, 1 have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. 1 have retained or will retain file copies of all documents required by B U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. 1 have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. Signature Date STATE OF COLORADO } ss, COUNTY OF ) The foregoing instrument was subscribed, sworn to (or affirmed) before me this .! day of 2020, by as of My commission expires: (S F A L) Notary Public Page BofU FIRESTONE • • EXHIBIT A SCOPE OF SERVICES Contractor's Duties & deliverables During the term of this Agreement, Contractor shall perform aridior deliver the following, as directed by the Town during the timeframes established by the Town: Experience and Approach VPS has two main goals. First -- conducting a feasibility study requires a collaborative process. VPS will work with the Town to ensure that the Town perspectives, needs and goals are met within the tlmellne set out by the project. Second, VPS will analyze the data and present the Town with multiple options to consider, VPS aspires to present as many viable options as possible recognizing that there many things a community can do to improve broadband above and beyond Infrastructure deployment. VPS often provides Innovative solutions that meet the needs of the communities that may be 'outside the box° of what you typically find In a feasibility study. This Includes development of a grant program to subsidize reaching broadband gap areas; cellular solutions; Public -Private Partnership (PPP) solutions and more. When It comes to developing and expanding municipal broadband networks, there is no one -size -tits -all model. Proper planning Is crucial to the success of any network deployment. The goal of this project is to provide the Town with a comprehensive report that documents the current state of broadband service, availability, utilization, cost and opportunities for Infrastructure development and improved service delivery. The project requires a large data collection effort followed by a comprehensive analysis and recommended next steps. Multiple members of our team will be Involved In this effort. As a result, VPS will conduct a Study that accomplishes the following: • Takes Into account the Assumptions listed In the RFP recognizing the FCC definition of broadband and the local providers for the Needs and market assessment • Specifically analyzes and addresses public safety concerns and considerations including FirstNet • Addresses smart city needs and considerations for inclusion of future technology • Closely collaborates with Identified key stakeholders and others • Conducts an on -site and in-depth Stakeholder Workshop and Provider Engagement Meetings • Provides update for the Town's dedicated web presence • Identifies the problem or problems facing the Town of Firestone with respect to broadband access and utilization • Generates a Report with a blueprint that sets out viable comprehensive specific strategies and goats and a realistic timeline for achieving them Scope of Work Lori Sherwood — Director of Broadband Development will serve as the Project Lead. The project will commence with a kick-off meeting. The kick-off meeting will be critical for setting the project schedule for all of the tasks listed in the RFP scope as well as setting dates for additional meetings and calls. Prior to the kick- off meeting, VPS will provide an agenda and a list of documents and data needed to begin the project. Additionally, at the meeting we will work together to finalize the list of project stakeholders including those Identified in the RFP and some additional groups and entities. Project Timellne The VPS Team has full availability and is committed to completing this project on -time and on -budget In within 5 months of the contract start. Below Is a chart depicting the anticipated schedule which is scalable to the actual start date. SCHEDULE TIMELINE - 2020 Kick-off Meeting . March 1 Page 9 of 12 FIRESTONE C o L o 0 A h 40 Residential Survey development, launch and March 15 - April 30 evaluation Development of the RFI, launch and evaluation March 15 — April 30 Market Assessment March 15 — April 30 Stakeholder Meetings and Strategic Planning Week of May 15 Workshop (On -Site) Development of Project Map May 1— May 30 Draft Report to Town Staff for Review June 15 Final Report and Presentations July it VPS also recommends bl-weekly status calls and a monthly on -site meeting during the course of the project. This schedule would be set during the kick-off meeting. Task 1: Residential and Business Needs Assessment It has been our experience, that the Residential and Business Needs assessment including stakeholder outreach and community engagement (through direct dialogue) provides the critical feedback to assist with determining needs, Identifying broadband gaps, and finding potential partners. As one of the most Important tasks of the project, this should be as comprehensive as possible. As such, this Task will be comprised of two -phases — Quantitative and Qualitative Review. Quantitative Review First, VPS will conduct a residential survey, obtaining information such as; • Customer satisfaction with current telecommunications/broadband providers • Current and future needs of customers and community's desire forenhanced broadband services (i.e., video, voice) • Citizen's view on role of municipal government should take in providing that service Willingness to pay for that service and at what price for those services • Overall Interest in obtaining services from new provider in market For this project, VPS will conduct an online informal survey for the Town of Firestone. VPS has utilized this approach with great success In other Front Range communities. In addition, VPS has market information regarding other Front Range communities that can assist with comparison to the Town of Firestone.. VPS estimates that a 34 week data collection period Oil be sufficient. Once the time for the survey collection closes, the UPS Team will analyze the data and use it to prepare for the Qualitative Review. This means that the survey would be hosted online, and the link shared through the Town's dedicated web. site for. broadband, social media, emails, press releases and other methods. An informal survey can usually generate anywhere from 250.1000 responses. In an informal survey, respondents would choose to participate (self-selection bias) and the geographic distribution would solely depend on where the respondents live. OPTIONAL. A statistically valid survey could also be hosted online but would Include randomized targeting across a large sample of residents that represent the geographic areas of the community. The targeting would be done through a robust mall campaign that sends at least 2.3 postcardsneiters to the selected households. Depending on response rate, a financial Incentive may or may not be needed to push the response rate to the targeted amount. A mall program required for this option would be an additional $7500 - $10,000 depending on the sample size. (Qualitative Review i Page 10 of 12 FIRESTONE • To supplement the survey collection, VPS. proposes to hold Stakeholder Outreach and Provider Engagement meetings on -site. VPS proposes to hold these meetings In 45-minute meeting blacks during the course of one day. Some groups may be combined for more efficiency. Of course, since Lori Sherwood is. local, additional meetings can be scheduled if certain groups or individuals are not able to be present for the scheduled day of meetings. A sample schedule is provided below: • Morning Meetings + Schools and Libraries and Higher Education • Business, Chambers, Economic Development • Public Safety and Heaith Care Groups - Working Lunch Vth Town Leadership Team • Afternoon Meetings Regional Entitles • Local Telecommunications Providers (separate meetings for each one) • Identify entitles that can be service provider to end -users • Engage providers early to understand network Infrastructure and operation • Determine if providers can bring financial resources and investment to project Separately, VPS will meet with the State to discuss RrsWet and other issues relevant to the Front Range and the Town of Firestone. Please note that to maximize participation in the stakeholder meetings, VPS will need assistance from the Town to: • Identify the list of participants • Reach out to the contacts • Schedule the meetings •0 Provide a location suitable for the meetings Following the Stakeholder Meetings, VPS proposes to lead a Strategic Planning Workshop with Town Staff. The purpose of the Strategic Planning Workshop Is to have an In-depth discussion regarding all the data and information gathered in the survey and stakeholder meetings and to actively explore different models and potential network designs. VPS proposes leading a half -day Strategic Planning Workshop that presents the Information gathered from the first set of tasks. The workshop would include detailed discussion regarding: • An overview of national and Colorado trends with respect to municipal networks (last -mile and middle -mile) • Review of different models -- both business and operating • Review of network and technology types Including wireless, wireline and open access • Potential services and partners • Non-tradillonal options Including pilot projects to address gaps and adoption issues • Funding and financing options: • Stakeholder or potential third -party contributors • Grant funding options • Establishing a PPP, if viable • Capital, revenue bond and municipal self -funding options Task 2: Marke: Assessment In accordance Mth the RFP and to supplement the information gathered in Task 1, VPS will conduct a local market assessment that Includes Identifying existing broadband options and utilizes creative, effective strategies to Identify trends and detail the local landscape. Information collected will enable VPS to provide a profile of the Town of Firestone Page 11 of 12 FI,RESIONE that includes an assessment of the telecommunications environment, types of services, pricing, availability and limitations. When looking at the local landscape, It is important to conduct a local assessment of current provider offerings. The main purpose of this exercise is to understand what the providers are reporting to the FCC and publishing regarding local coverage and offerings. It Is also important for understanding what the current pricing and serving offerings are In the community. Task 3: Perform a Gap Analysis VPS will analyze all of the data collected In Tasks i and 2 and perform a gap analysis. This will be included in the Final Report. Task 4: Develop Request for Information for Enhanced Broadband Services VPS has extensive experience developing RFPs and RFIs as well as a deep understanding of local government procurement and best practices that should be applied In order to obtain maximum results. VPS will assist with the development of the scope of work and oversee the collection and evaluation of the submittals. Following up "Interviews" may be recommended and Included with the provider meetings that are a pars of the Stakeholder Outreach. VPS proposes to conduct this as a part of the Task 1 Quantitative Review process so that the results are available for the Strategic Planning Workshop with the Town. Task 5: Project Map VPS will work with the Town to develop a Project Map that includes an Inventory of existing broadband services, Town assets and other private infrastructure that is discoverable through publicly available information. VPS will request data from existing providers, however in most cases existing providers will not share location Information as it Is deemed proprietary and confidential. Task 6: Broadband Strategies and Operating & Ownership Models VPS has extensive experience with all of the broadband strategies listed in the RFP. VPS will provide an in-depth discussion of all of the models during the Task 1 Strategic Planning Workshop with Town Staff. In addition, VPS will provide in-depth analysis in the Final Report. Please note that every community is different and so what may be right for one Front Range community may not be the advisable or preferred model for another. VPS will utilize all the data collected in this project to guide the analysis. Task 7: Final Report and Recommendations VPS will provide a comprehensive Final Report that includes all the data and Information detailed above. This includes an assessment of benefits/risks, a gap analysis. The Final Report will assess community benefits and risks through Improved and more efficient Town services (enhancing citizen opportunities for learning, health care, leisure, emergency services, law enforcement and community connections) and evaluate the current environment against current and future needs, Including all stakeholders defined in project. The final report will also contain Recommendations for Broadband Strategies for the Town to Indirectly or directly Improve andfor provide broadband services to community. VPS will present the final report on -site. Payment Schedule In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $52,500. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor will submit invoices which shall be paid by the Town within 30 days of receipt, Invoices shall be submitted on the following schedule: • April: $10,500 • June: $10,500 August: $10,500 • 'May: $10,500 • July: $10,500 Page 12 of 12 FIRESTONE RESOLUTION NO.20-22 A RESOLUTION APPROVING AN AMENDMENT TO AN EXISTING FINAL DEVELOPMENT PLAN FOR CERTAIN REAL PROPERTY LOCATED WITHIN BAREFOOT LAKES FILING NO.3 WHEREAS, on May 23, 2018, the Board of Trustees adopted Resolution 18-23, approving a Final Development Plan "FDP" for BAREFOOT LAKES FILING NO. 3, a subdivision providing 107 lots (the "Property") for single-family residential uses consistent with the R-A Zone District within the Town of Firestone; and WHEREAS, there is an existing restriction against artificial turf grass applicable to the entirety of the Property within Barefoot Lakes Filing No.3; and WHEREAS, Barefoot, LLC ("Applicant"), as owner of the Property, has submitted an application to amend the existing FDP, entitled `Barefoot Lakes Filing No. 3, Final Development Plan, Amendment No. I": (a) to remove the artificial turf landscaping restriction and to allow for the installation and maintenance of artificial turf on single-family residential lots pursuant to newly enacted Town standards relating to artificial turf; (b) to add an option to allow for the construction and installation of vertical screens at the front yard patio/deck between attached dwelling units applicable to certain lots within Blocks 3 and 4 of the Property and (c) to allow for the construction of a 2,200 square foot on building Lot 25, Block 1 of the Property and use of such building as a community facility, as shown on the attached Exhibit A (collectively, the "Application"); and WHEREAS, the Firestone Planning and Zoning Commission held a property noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval of the Application with conditions; and WHEREAS, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Town Board of Trustees finds and determines that the Application is complete, that the Applicant has met the applicable requirements and standards set forth in the Firestone Municipal Code and Firestone Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Barefoot Lakes Filing No. 3, Final Development Plan, Amendment No. 1, attached hereto as Exhibit A and incorporated herein by this reference, is hereby approved, subject to anc contingent upon compliance with the following conditions: (a) Provide an updated title commitment when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. (b) All minor, technical corrections to the Barefoot Lakes Filing No. 3, Final Development Plan, Amendment No. 1 shall be made to the Town's satisfaction. (c) The approval by the Board of Trustees of, and the recordation of, the Barefoot Lakes Filing No. 3, Replat # I within 90 days of the date of Board of Trustees approval thereof. (d) The Barefoot Lakes Filing No. 3, Final Development Plan, Amendment No. 1 shall not be recorded until such time as all conditions of this section have been fulfilled by Barefoot, LLC. Section 2. Approval of the Barefoot Lakes Filing No. 3, Final Development Plan, Amendment No. 1 that is the subject of this resolution shall be null and void if the conditions set forth in Section 1 above are not complied with, unless extended by Resolution of the Board. PASSED AND ADOPTED this 26 h day of February, 2020. �waEsro� TOWN •• . SEA o Bobbi Sindelar, ATTEST: •� / f Q• J ssi a Koen_g, Town APPROVED AS TO A� [/ Willi . Hayashi, Town Attorney • EXHIBIT A Barefoot Lakes Filing No. 3, Final Development Plan, Amendment No.1 0 0 • APPROVAL BLOCK proved by eta T Board of Trustees of the Team of Freston JAI s do IIII day al�Q by Resolulbn No-$S-aa •tea d' Mayor a��, ATTE6T:T rk ato cp FF ACCEPTANCE BLOCK .By Waning this FDP, tit owners acknowledge and accept all of the requirements and Intent vet forth herein. BAREFOOT LLC, A COLORADO LIMITED LIABILITY COMPANY FKA�CARMA BAYSHORE LLC, A COLORADO LINKED LIABILITY COMPANY Name. Title fpri 1 STATE OF COLORADO ) )SS COUNTYOFVE6D—E ) T faregoing 6tsWment was acIrn"Iedgad hefors me this'_ day of I`fARr�Fi , 20jQ, by I, CoPAih to n Vlf.'r-{72eH14W no as — of Barefoot LUC, a Colorado Limited USURY Company. Witness my hand and of lQ seal n • 1 - My commission aspires mho%-"bf'•�atiQ.R•�iifilAA4rLc.� Notary Public AND Name. TIUe ntedl STATE OF COLORADO ) )SS COUNTY OF TZt� The taregoing Instrument was acknouledgad before me thl6 5r_0 day of hW e11 . 20 _1:E_ by leSlKa� 1Fd4arP_uZ as Cro and as of Barefoot LLC, a Colorado Llmhed UabNty Camparry. Witness my hand and offip� I Seal s My mmmeman expires 'L6 +ax3 t7�Ylrh.•-eA.f1+�i lf�ptarf.r_E. Notary Public ST. VRAIN LAKES METROPOLITAN DISTRICT NO. t GL(.�.a(G�u `t— rtsT;s�K,• S«aUIa,.Y Name, Title (printed) STATE OF COLORADO ) SS COUNTY COUNTY OF+ �!�F foregcino lrrstrument was atluwwtadpad before me this day of M�1aai3 . 20 z , by 43i [ .l as X5512511 F `- VVACrA L4 of St Vrain Lakes Mahopolkan District No. 1. Witness my hand and official seal My commission mwires —2LGhga 6DQ7,4 Yin. 1'VLrru�- Notary Public LEGAL DESCRIPTION Ge,y xgyen - Gleex ar4 Baawdw. Wald CwAay. GO aarefeoh "C. - WS B. Gnnmvood Pl— eNd, Suite 700 0 Cenlemhd, CO Sol II �j T.I.- (30U) 7 311 F-0rfa: (303) 700,94M Emall: Llea Awns $F Lisa-aavrs�MnoPlNkhA.0 n CIVIL ENGINEER: LANDSCAPE ARCHTIECT= ARCKITECTURE: Radlar+d 150o Was! Canal Court DESIONWOAKSHOP 139a Lawrenra Shoal Leech Deeipn Group LNleten. CO e0125 F Little—, CO 8GI20 8,101. Tal: l3031 e40-8104 rel. (7W) 283-e783 Denver, CO 800p6-2D4B Eno➢: Dave Boyle t m Emell: Fred TWWa 1'ao(X2)6233183 db."locuedg.cam Idlblmaradhndmm Emall' Jake Slippy Wppy@tlealQmwrkMop.rnrtr LOCATION MAP BAREFOOT LAKES FILING NO, 3, AMENDMENT NO. t FINAL DEVELOPMENT PLAN BAREFOOT LAKES FILING NO. 3, AMENDMENT NO. 1 A PARCEL OF LANE) BEING ALL OF BAREFOOT LAKES FILING NO. 3 AS RECORDED ON 08113f2016 UNDER RECEPTION NO. 4422565, IN THE RECORDS OF THE WELD COUNTY, COLORADO CLERK AND RECORDER'S OFFICE LOCATED WITHIN THE EAST HALF OF SEC71CN 35 AND THE WEST HALF OF SECTION 35, TOWNSHIP 3 NORTH. RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. CONTAINING AN AREA OF 43.629 ACRES, (1,900,451 SQUARE FEET), MORE OR LESS. PROJECT NARRATIVE Project Concept This document is an Amendment to Barefoot Lakes Filing No. 3 FDP, recorded on 8113/2016 at Rec. No, 4422567 at the office of Wald County Clerk and Recorder. The purpose of this Amendment is to make adjustments to the Filing 3 FOP. _ One general adjuatment to the entire Fling Is to remove the restriction 1 = 1.20o against artificial grass found In the Landscape Standards This will now be State Hwy 661 County Rd — ,Y 1 an County Rd. 281 Ronald Reagan Blvd a a e § FILING NO. 3 °' s AMENDMENT NO 1 m66r p? CREEK govemed by Town Code, Development Regulations and Community Design Guidelines. A second general adjustment to the entire Filing is the allowance of vertieet ne at the attached dwelling units. Visual screens at the side yard patio I deck are only allowed at the attached units, and are limited to one of any two adjacent side yards. Typical screen designs and locations must be approved by the Barefoot Lakes Design Review Committee. Screens must campy with applicable building codes, and these general requirements: • 8'-2' maximum height measured fmm walking Surface of patio or deck Screen length and width - excluding required posts - to match dimensions of patio or deck. • Screen allowed up to two sides: street ads and between residences. • Screens between residences will be parallel to common property Ilne. • Screen design - mmplamentary to BFL overall fence design. Lot 25, Block 1 will now serve as a community fadllty. Due to the fact the community facility caters to Barefoot Lakes residents, parifcularly residents of Filing 3, aft -street parking Is not lequlred. Two handicap stela are located on -rifts in front of the f sci ty. Users of the facility will be allowed to park on the street Due to the nature of this facility and the adjacent tract, this lot Is alfowod greater encroachments into setbacks than the msldenbel lots- The Bultding Setback Table on page 3 of the recorded FOP shall be modified to alJow, the following enraoard—Als into setbacks for decks, patios, porches and balconies (end eseodated retaining walls) for this speafic'Iot only: 5 rest Into the side yard setback, and 13 feet into the rear yard setback. Tract Summary Use Table Tmci C In the Tract Summary Use Table has been revised, and Lot25A has been added per the Wear updated table: - Tractuwasnm. r.wa _ Am Isq I� �� Ire s ol� N`6 Dan•, Mlnvir+etl _- roM-2. sriTtmsr s,4sf a4%% a, P, PAD ssvvLLNNeo sswvtNanD 1.1 1 tt.Re I1% ® FIRESTONE SAREFCOT FILING NO. 3, TaAF79LMMARY LEGEND OP 0 MNAPAAA 0 DIANA 3PALE IAN AD]:53 GE 'safe: rmAervlom wen kd,Yee,2.afr�MldbNlmtA+aH.mNmpruema da marhnus SHEETINDEX TOWN Uld" Ile(ESODP AMEN='NO.1 mP na.e vy avdx%epo mmrnmmrmue r. __ sera• e.r,e. _ Landscape Design Standards Page 13 cf the original Filing No. 3 FDP shall be modified in the following +. C u w Nonw. z. Fka GMdmr Pin' manner. Guidirrg Pdrtcipa! 2. f, ralairng to the prohibition ofartifrcal turf (AKA 9. Pbelhe PMn 4, Mvleelrle P1m 'Astroturf' or synthelc turf), shall be deleted. 3. Fwidrq PNn e- -' Fyntea. Note that Town Cade and Barefoot Lakes CCRs, and Design Guidelines may regulate synthetic turf, this merely removes the restriction from the FDP. DESIGNWORKSHOP L ram Archtl•csee PWmhn• adwn pwlen 4� 1390 Lsva•nu shrf, silts 1oc D•m.r, co hwa-zoos Feakmlk Cdo71 02122e3 M O Zr-�= a0 Z o L%zW�o V3{Zaoo O N LL LU0 LL h �.•, Z IN Ia- 0 UJ C] _ 0� 0 Wa LL. W FIRESTONE INFORMAITON BLOCK BAREFOOT LAKES Name of applloation: Barefoot Lakes Filing No. 3 Type of Submittal: FDP Filing #: 3 Phase N: First Submittal: 11112019 Revision 1: 11242020 Revision 2: 322oza Revision 3: Shoot 1 of 6 COVER AND NARRATIVE 01 4-15 Final Development Plan REFERENCE 140'rES: RNE GRADING P-w 2 V 5 Barefoot Lakes Filing No. 3 Amendment No. 1 :-Z:) GRADING Town of Firestone Weld County State of Colorado Sheet 2 of 6 SITE KEYNOTES: SYMBOL Lli LEGEND TERRACE LANF -------------- -------------- --------------------- -- ... ..... ------------- TJ, --------- R" Val --- ---------------------------------------- - ------ ---- ---- --- ------------------------------II rw� - ------------- -------------- tl rN _.S FFEk4842 1 N25 ---------- --------- ------------- ------ — --------- --------- TRACTC1 0 DESIGNWORKSHOP me =)O23 ISO F-1. r3m) V�w o z 15 �zi Lr) 0 0 U '-S, :3 Z Z LLA c) LL LLI Z a. LU 0 Z -j LU LLI 0 0 a Lw LL Z U. 0 LU Im z 01- - Waz� LL FIRESTONE INFORMATION BLOCK BAREFOOT LAKES Name of application: Barefoot Lakes Filing No. 3 Type of Submittal: FOP Filing * 3 Phase V. Firat Submittal: 1111-019 Revision 3: Sheet 2 of 6 GRADING L5-1 ................... 0 0 0 c.Be�ae ,�oasozs+PN Final Development Plan REFERENCE NOTES: NATERULs SITE KEYNOTES: Barefoot Lakes Filing No. 3 Amendment No. 1 O P4YEMERTB, RAMPS, CORea rae,o wwmexa.e.e MATERIALS O Town of Firestone Rea.u. e.«N,m wwnoywo.e a+ -Pa.., - Weld County State of Colorado De ,,,,�, �,IX„�•,� ,,,, Sheet 4 of 6 — lYenlbM mercn meu ree,t AO 6TEP9 Pe Nranp lne Wl4wnnxe,Nr O8RE WALLS! EN9ANNMENT9 i O 8RE FyRMm111E -------------- - j l w.l�e. 6001 1_AKE T�RRACE LANE s ;� If es RA9.a/G6, BARRIERS. FEHCIR�� SITE ueNnxo -- _..LANG9CAPE 7 I Ilu�I fit - MiBCELLANEOnS ELEMENTS ...�.—� t I�� o�-o�I�IIa, I Ir" 41i ItII,P i it-,�I� I�� 1 � 1 ea+o�•• NlscEr.a�+�,�1 slwa�P�Ecwa.o „ Ir Ij Ir V,V V t�'f -.._ ! ,� I iifl s' ��. , p --A f y t L r rr t / MATERIALS LEGEND / F' t ��f l t;r O�Y��- ! i C C � �)� i� . 1-! _� ! _i I • Y � �I � 1 / / // o^ c^cenwe 'rnee Da. Re.Cl w I acne, , I 1// /.-. m, I II�FrFI151P1 i! lbtl I �r Y //, rPoti lsman. Medwm �lvel -- -- - - - - ---�` - ------ -- - -------------- L- ki TRACT CI SS — — — ` — OBOWLL eG,Enta 1e --�� m m m m DESIGNWORKSHOP law urn o�wlpn sago DeLeeenC o34oe2 eo1,Suolua (a)63 FaomM (gp023- t90 22fl0 o Eele xn� FIRESTONE INFORMATION BLOCK BAREFOOT LAKES Name of application: Barefoot Lakes Filing No. 3 Typeof Submittal: FDP Fling #: 3 Phase A First Submittal: tutrzote Revision 1: 1@N2020 Revision 2: arzl2111 Revision 3: Sheet 4 of 6 MATERIALS L2-1 C] w- - - I I I PLANT LIST Final Development Plan Pesasa:; a +srrco x:m PM SITE KEYNOTES: Barefoot Lakes Filing No. 3 Amendment No. f 4R PLAPMNGAND LANDCCAPE PLANTING is enmrn,: i� Town of Firestone; 9 vrr W`�'eeh�ef� B.b'ee. Evw ewuw PHI , e. �,uu Weld County '.s �++••' _ I,� c,.e �,,,;—,•ee,e,� „o,,,ma,e�, ,e State of Coloradoeet ni T— raa Sh3 of fi a •..,.++•.aae,.eo.<,w xu• rra.,er. eemere.•a.r e•' e.,�eep�'x+e.,p. se Pr+o PM•eorw•mwmw,. see.e sm ri,.,,.,e.I^•+ou'• aaan•.,w re. u. a,aee„ . o ,o evwoxcarexnuea � nene,r Pare [sn,ee, NMplar4 urpej �o rre r�..nr eu. a,nuw aw. re a PD d Piwltle•wtle+y o!are,p batlequa+ery+E "Pmvae anA•erwrwr werernee,van e� nmre w�ew+ cDe cams �. r.m»am. n +o J � _ _ - r _. sutmn ennuma�n�nmle^terApe ArWtvd mrapp�vv�ai. mo_ /'! fr _ -- -- -- --- ti _ ______ - _ ..��TERRACEIANE _— -- ............ -"- w �D>P /' __~ �§ z .. _- --Ill,•+• % , - , , � relx 1 --------------- - T � rl -- - �\ m � - ;. / -- 1 s sae• 7 r,..:, v 1 \� \ / / d --.�L. .. -- `'},l oleo+ _ '� ♦� �. . -�. -/- -- - TRACTCI m m m rn m m ,•, A ,., DESIGN WORKSHOP una.aw Artl,fle tee PI.eN,q. u.� n..ion +3eo u . CDso-eer, M4 +m Denver,coe 51"zo�e r+�raz�atea �acNm3iefsoa162s-2xeo M z Z ZOG'� � Z Ui S cr) Z�w0 WWOo0 �Q Iv LL� O W O Z N LLaa° t- m FIRESTONE INFORMATION BLOCK BAREFOOT LAKES Name of application: Barefoot Lakes Filing Na. 3 SupmktaType of l: FOP Filing ft., 3 Phase #: First Suhmiltal: ttrtrzats Revision 1; JIM&U20 Revision 2: 3nf1021 Revision 3: Sheet 3 of 6 PLANTING C7 DESIGNWORKSHOP L�mm�p �.nf�f.ctun ' Pt.nnfip • nrMn pwfnn .ta e�rn� 13M f awry— street, Gub 100 '.'co B02o-c2049 (3037 s '88 FaG[mlle (]0.ti 8232290 M Z�4 C7 a 00 z a LL a aoa W O F t) x� LL� �z LLJ LLa pW 0070 0 �Qz ILL m FIRESTONE INFORMATION BLOCK BAREFOOT LAKES Name of application: Barefoot Lakes Filing No.3 Type of Submittal: Fpp Filing ok 3 Phase* First Submittal: tvtrz0ts Revision 1: t202020 Revision 2: 312f2020 Revision 3: Sheet 5 of 6 FENCING L9-1 • +aaaoaa nvlar�ozoazmPN P Final Development Plan P°se a or a Barefoot Lakes Filing No. 3 NOTE: Amendment No. 1 Elevations depict character and massing of proposed structure, ARCHHECTURAL ELEVATIONS but are conceptual In nature and subject to change. Town of Firestone ° Weld County State of Colorado Sheet 6 of 6 LEVATION KEY NO Es 1 EAST ELEVATION a •• L—I— t NORTH ELEVATION A�i- A- U11ILL11 III SOUTH ELLVATION m Q ° WEST ELEVATION m rn m m UDCUS LD(:lIS OESI9N 6AOL1P,._ ulootFcicalr all WTFAW(OR. 9111E S00 urum. DMZM O I01=0 PH 00 51a6 M O �r M G. 00 ZQ01 Ij `Z` W � °o 1 r �ZELz° 6 O to LL � 0 I Lu Y r OW M LL . a m FIRESTONE INFORMATION BLOCK BAREFOOT LAKES Name of applicadoa: Barefoot Lakes Filing No. 3 Type of Submittal: FDP Rllnp #: 3 Phase #: Firs= Sul, ittai: f117l20t9 Revision 1: 112o2020 Raviaion 2: =02o Revision 3: Sheet 6 of 6 ARCHITECTURAL ELEVATIONS Al -1 • RESOLUTION NO.20-23 A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT FOR LOTS 24-28, BLOCK 1 AND TRACT C LOCATED WITHIN BAREFOOT LAKES FILING NO.3 WHEREAS, Barefoot, LLC, as owner of certain real property described as Lots 24 through 28, Block 1, Barefoot Lakes Filing No. 3, and on behalf of St. Vrain Lakes Metropolitan District No. 1, as owner of certain real property described as Tract C, Barefoot Lakes Filing No. 3 (collectively, the "Property"), have submitted a proposed final plat for the Property, entitled `Barefoot Lakes Filing No. 3, Replat #1" (the "Final Plat"), which would increase the size of Lot 25 to 7,411 square feet and reduce Tract C to 162,791 square feet; and WHEREAS, the Firestone Planning and Zoning Commission held a property noticed public hearing on the Final Plat, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Town Board of Trustees finds the proposed Final Plat to be in substantial compliance with the technical requirements of the Town of Firestone subdivision and zoning • ordinances and applicable Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town of Firestone Town Board of Trustees hereby approves the final plat for Barefoot Lakes Filing No. 3, Replat #1, attached hereto as Exhibit A and incorporated herein by this reference, subject to and contingent upon compliance with the following conditions: ;a) Barefoot, LLC shall provide an updated title commitment when the mylars are pro,Aded for recording, dated no later than thirty (30) days prior to submission of mylars. (b) All minor, technical corrections to the Barefoot Lakes Filing No. 3, Replat #1 final plat shall be made to the Town's satisfaction. (c) The Barefoot Lakes Filing No. 3, Replat #1 final plat shall not be recorded until such time as all conditions of this section have been fulfilled by Barefoot, LLC and upon the effective date of the utility easement vacations that are the subject of Ordinance No. 968. Section. The Mayor and Town Clerk are hereby authorized and directed to certify upon the final subdivision plat the Town's approval and acceptance thereof The Town Clerk is hereby authorized and directed to file the Final Plat with the Weld County Clerk and Recorder's ` office upon fulfillment of all conditions as indicated herein. • 0 Section 3. Unless otherwise extended by resolution of the Board of Trustees, the approval of the plat Barefoot Lakes Filing No. 3, Replat #1 shall be null and void if the conditions are not complied with within ninety (90) days of the date of this Resolution. PASSED AND ADOPTED th day of February, 2020. ATTEST: iR, Town ��SSOi�F� �s qqR � D APPROVED AS T FORM: A) William IV Hayashi, Town Attorney W . ............................................. Bobbi Sindelar, or . EXHIBIT A Barefoot Lakes Filing No. 3, Replat #1 Final Plat • EXHIBIT A BAREFOOT LAKES FILING N4. 3, AMENDMENT NO. 1 A RRPLAT OF LOTS.24-28. BLOCK 1 AND TRACT C BAREFOOT LAKES FILING N0. 1, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 35 AND THE WEST HALF OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. CER•ftF1CATIDN GF OAMM MP AND DEOICAnON 4.416 ACRES - 6 LOTS/1 TRACT iolPlr Au wcr or mac pvarNrl mu T2 uwbe>amE¢p PIJRrbDT uq . cLt>nfee LmrFL uA§uiT gaPAW AW sxSHUT wprx inAr ue oapburN 6 R101 Ru x emA T C smc owe P W LAW s ow x T rm rwu p AT Awe awn M SHEET 1 OF 3 A P1LT1 W LAW e[RP t.CTS irR4 PAR i.AMU TRACT C W VODT LMES FLYC ,os i 4� REFQIQE w Cr/ii/]➢IS LA9n RfVAr1w RS At>#� P le1E PCLORmi W mC wu rAM1t C Am {fie Wp �prlpypr5 bRr3 lCeAlm MTwI 1Ia u5r NAV W ECCltdl a AW le6 RR'r eVAI W aeelcN Da TofA'"J� a RPnIL RAxCO 6E S[sr W ra 90fA1 PAY�AL wERIpAy, tbrN W nbalPa. Doom W RLta iTAli W WLtRALn mIITAM?C " WA W 4.1* ACRM tHMa S FELT). 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SVPL TOO r1w1DURAL, ebl®Am1n w aaT-zRe-Ram iarT�°01�m-oumLORAea mlii �E<lL4BflXXYl1AFga ��sj.ORP.Lv1 awrAce uARm rxao wvP.r�moaeRoaaranaPALI FIRESTONE WORMATIM sLCCK i49 CAST 1¢VftAL AVC. $111E 1 NB of AFP%�Icn BAREFOOT LAKE4 {fT1iEl0,l aiA4W m1n OnyTis•1WU YP' pi TUIF FINAL PLAT m1rACT brnfx Lao1RY bPRpPPACiLRI}9A.TANISIDY FNAg NLtlrlber THREE Phut Nwribm AMENDMENT M 1 ENGP>EEA1 ro tG44-2018 11 f CAM 0ou" Rmlalon Dais 'V17F= mnm ReNalon QaU CpRACT — T—A. P.6 fTNOfACRr�IAVem1 Rmislon Ouli nWAl- PLAT BAREFOOT LAKES FILING NO. 3, AMENDMENT NO. 1 A REPLAT OF LOTS 24-28. BLOCK 1 AND TRACT C BAREFOOT LAKES FILING NO. 1, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 35 AND THE WEST HALF OF SECTION 36. TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. 4.416 ACRES — 5 LOTS/1 TRACT SHEET 2 OF 3 R-2&W 12 .............. . J T'. L-4&71' O ctp ms=. is ----Aw4ww om TRACT Cl (D "m 1/4 'a 0 NT 1/4 4 Sr- 3s _24A lRb. M I L-?M7r 12 :9 2. I 2- I 2.A ! 25A TRACT Cl IV r "ms Ms t 1. g - mcr A x- Froiovae PAWsnws m I sm-34 TRACT Cl 0; L-su# NE V4 1991 It V4 mr 25 9C I LEGEND + 'AZ= FiRESMNE IWOMATION BLOCK -me"A,,111,10n BAREFOOT LAKES WO W --I FINALPLA'r FMrM Numbw THREE ry PtmO Nuh-lmr AMENDMENT NO. 1 F.par.WA U�W. 1cF14-'fllA n cubs 1 m 7fl= —fton —Date AMP= RevWon Date OVERALL BOUNDARY — SHEET 2 of 3 DEvELOPtR 8P0DXV= FMOM7IA3, gmil BAREFOOT LAKES FILING" N4. 3, AMENDMENT NO. l A REPLAT OF LOTS 24-2B, BLOCK 1 AND TRACT C BAREFOOT LAKES FILING NO. 1, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 35 AND THE WEST HALF OF SECTION 36, TOWNSHIP 3 NORTH, RANGE BB WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. 4.41B ACRES — 5 LOTS/1 TRACT 1 SHEET 3 OF 3 LEGEND �j +Panm sm7m Omni 17 - ! , D Mir R6 S RFLM bCf l�l/r i'eIR PlA]liC CM 16 ' $�T ! 8L11dEe '4� IS ]lRT6' 1 `•�1 I J 11 Iv TOIAOf NG S RpIR YRII 1-1/�^ G+MGC lWll& I cln sutwra ma u xmea 24A '®^ ! _S DZ —Act FwsL ENT RP f R eiIwr F-1UY Immn YYYvvva I !f L14J NCN-R.1GL1L O gig aA j tic ] 7 1 + � _ / 5S0"t944M _d �-=_� _ _ T T 1.�� 7 r.YCIlW J6 1®mvmy� �E A13ry�y, -_�.- 14'^ slap ___-_ arils--- - I rmnecm f _ ' L I I, hl Tess A0 r i 30 ! } 26A mime LI 61]O AC i q� dI r ! - 0.mv i AC g II 5�� F^fo / � nme,lYl N� 7 i c Y FIRMTONE INFORMATION BLOCK f p. j � ee.lY j/ ' - ---_ RersTssS sxef' + k R Name, dAppnm�n BAREFOOTLANEs - _-_-_-- 1'.-_ i I � le\1�: a FINAL PLAT s7ffi Pe.bYs� n + + 3 er NurcA lHRE� ra t�lrr Ph me Number AmENONENT NO, i Pmpangon Date 10-14,2G18 ` 11 Doe S717J2�0 ------- a sr I14Be Ravlshn oam . - kwftars Det -' -------------- --------- PLATGRAPH1CS-SHEET303 srlj II 1m Cl I 6 I: Y E L O P E ItIm.°iAmy arww — _ _ _ - I I eYr Yp �. Ym lies S tllmlYom ruu SL'10. SUR TSG -H1�1 YYYIT ICY f E 0 RESOLUTION NO.20-24 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ADOPTING STORMWATER QUALITY FEES WHEREAS, the Town of Firestone ("Town") has enacted a stormwater quality ordinance set forth in Chapter 13.13 of the Firestone Municipal Code; and WHEREAS, the ordinance requires the acquisition of a permit for construction activities involving the disturbance of land; and WHEREAS, the ordinance provides for the imposition of permit application, permit and inspection fees to be established by resolution of the Town's Board of Trustees; and WHEF:EAS, staff has examined the costs incurred by the Town in the performance of the duties associated with the issuance and administration of the permits; and WHEREAS, staff finds that the fees set forth in this resolution are reasonably related to the Town's costs to perform the required duties and recommends the Board of Trustees adopt such fees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The stormwater quality permit and re -inspection fees set forth in Chapter 13.13 of the Firestone Municipal Code are as follows: Permit Application Fee Tiered Permit Fee Re -Inspection Fee Up to 5 acres 5.01 to 20 acres 20.1 to 50 acres 50.1 acres and above $ 200 $ 1,400 $ 1,800 $ 2,300 $ 2,800 $ 250 . INTRODUCED, RE TONF D ADOPTED thilday of , 2020. �S 9- TTZ FIRESTONE, COLO O r %0 r f :❑ �ry \1 • bi SindUr, Mayor ATTEST: 'e` �'��`� P D AS TO FORM: J s a Koenig, Town c Willi Hayashi, Town Attorney 0 RESOLUTION NO.20-25 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A CONSTRUCTION CONTRACT BETWEEN THE TOWN OF FIRESTONE AND TLM CONSTRUCTORS, INC., FOR THE FRONTAGE ROAD BRIDGE REPAIR PROJECT WHEREAS the Town of Firestone ("Town") is in need of construction services for the Frontage Road Bridge Repair Project ("Project"); and WHEREAS, the Town solicited quotes from contractors who specialize. in the bridge repair work required for the Project and determined that TLM Constructors .Inc., best met the Town's needs. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Construction Contract for the Frontage Road Bridge Repair Project between the Town of Firestone and TLM Constructors, Inc., is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Contract on behalf of the Town. lei INTRODUCED, READ AND ADOPTED this day of , 2020. TOWN OF IREST NE, COLORADO bi Si lar, Mayor ATTEST: Koenig, T k A,PPRED AST FO *illiMAIP. Hayashi, Town Attorney CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT (the 'Construction Contract" or "Agreement") is made and entered into thlsabAday of , 2020 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado munici al car or ion with an address of 151 P P Grant Avenue, P.0, Box 100, Firestone, Colorado 80520 (the "Town" or the "Owner), and TLM CONSTRUCTORS INC., an independent contractor with a principal place of business at 3000. F Street, PO Box 336638, Greeley, Colorado 80631 ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires services; and WHEREAS,. Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required services. NOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: SCOPE OF WORK A. Contractor shall complete all Work. and perform all Services which are described or reasonably implied from the Scope of Work set forth in Exhibit A and the Contract Documents, attached hereto and incorporated herein by this reference and known as: Frontage Road Bridge Repairs (52020- 5223) Project. B. A change in the Scope of Work shall not be effective unless authorized as a written amendment to this Agreement or change order in accordance with the Contract Documents. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a, claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. C. Within 10 days of the Effective Contract Date, Contractor shall provide the performance bond and labor & material payment bond and certificate of insurance required by the contract Documents. II. DESIGN PROFESSIONAL This Project has been designed by: (Not applicable. The work being performed is repairs to the existing bridge. Town is contracting with Short Elliot Hendrickson, Inc. to provide engineering consultation and construction observation services. The project is being managed by the Firestone Public Works Department.) Page 1 or 17 FIRrl.ESTONE11 III. CONTRACT TIMES; COMMENCEMENT AND COMPLETION OF WORK A. The Work shall be substantially completed within 60 days of the Effective Date of this contract, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. C. Should a delay in completion constitute a compensable Inconvenience to the Town and its residents, the liquidated damages established in this Section shall be enforced. Such damages are not a penalty, the parties recognize the delays, expense and difficulties involved in proving the actual loss suffered by the Town If the Work Is not completed on time. For each day that all or a portion of the Work is delayed beyond the deadlines set forth In Section I II hereof, plus any extensions thereof allowed, the Contractor shall be assessed the amount of two hundred fifty dollars ($250) each day until the Work is complete. IV. CCMPENSATION In consideration for the completion of the Work by Contractor, the Town shall pay Contractor, subject to all of the terms and conditions of the Contract Documents, an amount not to exceed $140,485.00 (the "Contract Price"). The Contract Price shall include all fees, costs and expenses incurred by Contractor, and ino additional amounts shall be paid by the Town for such fees, costs and expenses. V. PAYMENT PROCEDURES Contractor may submit Applications for Payment for completed work perthe UNIT -PRICE BID FORM or the LUMP -SUM BID FORM, Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt. VI. RESPONSIBILITY A. Contractor hereby warrants that It is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing, required by law. B. The Work performed by Contractor shall be in accordance with generally accepted practices and the level of competency presently maintained by other practicing contractors in the same or similar type of work in the applicable community. C. The Work performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations, Including the Keep Jobs in Colorado Act, C.R.S. 8-17-101, et seq. (the "Act") and the rules adopted by the Division of Labor of the Colorado Department of Labor and Employment implementing the Act (the "Rules"), Page 2 of 17 FIRESTONE • D. The Town's review, approval or acceptance of, or payment for any completed Work shall not be construed to operate as a waiver of any rights under this Construction Contract or of any cause of action arising out of the performance of this Construction Contract. E. Contractor hereby warrants to the Town that 'all materials and equipment used in the Work, and made a part of the Work, or placed permanently in the Work, shall be new unless otherwise specified in the Contract Documents. Contractor further warrants that all equipment and materials shall be of good quality, conform to the requirements of the Contract Documents and will be free from defects. All Work, materials, cr equipment not conforming to the Contract Documents shall. be considered defective. F. The Contractor shall warrant and guarantee all materials and equipment furnished under the Contract and all Work performed for one year after the date of Substantial Completion. Under this warranty, Contractor agrees to repair or replace, at its own expense, any Work that is found to be defective. The expiration of the warranty period shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. Vil. OWNERSHIP Any materials, items, and work specified in the Scope of Work, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor • expressly acknowledges and agrees that all work performed under the Scope of Work constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adept, translate, or change such work without providing notice to or receiving consent from Contractor. Vill. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Construction Contract, all personnel assigned by Contractor to perform work under the terms of this Construction Contract shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. IX. INS-URANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of Insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to tnls Construction Contract. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. • Page 3 of 47 FIRESTONE L' U 1. 0 R a si o 0 9. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. Such insurance shall be In addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 39 days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible tosses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect, The certificate shall identify this Construction Contract. • X. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss ordamage, or any other loss of any kind whatsoever, which arise out of or are In any manner connected with this Construction Contract if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a workers compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. XI. ILLEGAL ALIENS A. Certification. By entering into this Construction Contract, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Construction Contract and that Contractor will participate in either the E-Verify Program administered by the U.S. Department of Homeland Security and Social Security Administration or the Page 4 of 17 FIRESTONE ( 11 (. �1 N .l iL (1 E • • Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Construction Contract. B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Construction Contract, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Construction Contract. C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Construction Contract through participation in either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicantswhile this Construction Contract is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Construction Contract knowingly employs or contracts with an illegal alien who is performing work under this Construction Contract, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with an Illegal' alien who is performing work under this Construction Contract; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Construction Contract; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Construction Contract. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Section XI. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Construction Contract via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. Page 5 of 47 FIRESTONE f U 1. (T li a 1$ 41 XII. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between the Town and Contractor concerning the Scope of Services, consist of the following: 1. This Construction Contract (Pages 1 to 17, inclusive of exhibits) B. Exhibit to this Construction Contract: . 1. Exhibit A: Contractor's Quotation dated January 31 2020. 2. Exhibit B: Form of Performance Bond C. Performance Bond and Labor & Material Payment Bond. D. Notice of Award. E. Notice to Proceed. F. "Specifications" bearing the title, CDOT M&S Standards. G. "Drawings" consisting of NA H. Addenda numbers: 1. Addenda #1: JUAJ. 2. Addenda #2: 3. Addenda #3: 4. Addenda #4: • 1. Documentation submitted by Contractor prior to Notice of Award (see Exhibit A). J. Bid Package #1 -See Exhibit A. K. Bid Package #2,LUA. L. The following which may be delivered or issued after the Effective Date of the Construction Contract and are attached hereto: All written amendments and other documents amending, modifying, or supplementing of the Contract Documents. There are no Contract Documents other than those listed above in this Section XII. XIII. MISCELLANEOUS A. Governing Law and Venue. This Construction Contract shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Construction Contract by the Town shall not constitute a waiver of any of the other terms or obligation of this Construction Contract. C. Integration, This Construction Contract and any attached exhibits constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Construction Contract, E. Notice. Any notice under this Construction Contract shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severabili . If any provision of this Construction Contract is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Construction Contract may only be modified upon written agreement of the Parties. H. Assignment. Neither this Construction Contract nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, 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, of seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Construction Contract are in addition to any other rights and remedies provided by law. The expiration of this Construction Contract shall in no way limit the Town's legal or equitable remedies, or the.pertod in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year, 0- 0 IN WITNESS WHEREOF, the Parties have executed this Construction Contract as of the Effective Date. TOWN OF FIRESTRONE, COLORADO Bobbi Sindelar, Mayor ATTEST: CONTRACTOR: TLM_CONTRUCTORS, INC. By: G Y STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this /2day of ? 2020, by as I of Y My commission expires: Mum eon e6w (S EA L) L-j WANbA M N REICH`- Notafry,!?ubNc State of Colorado Notary ID 20084009576 L Commission Expires Mar 22, 2020 Notary Public Page 8 of 1 T FIRESTONE • NO EMPLOYEE AFFIDAVIT To be completed only if Contractor has no employees 1. Check and complete one: E ❑ I, am a sole proprietor doing business as do not currently employ any individuals. Should I employ any employees during theterm of my Agreement with the Town of Firestone (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR ❑ !, am the sole ownedmemberishareholder of a [specify type of entity -, i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any Individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. ❑ I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items. • A valid Colorado driver's license or a Colorado identification card; ■ A United States military card or a military dependent's identification card; • A United States Coast Guard Merchant Mariner card; ■ A Native American tribal document; ■ In the case of a resident of another state, the driver's license or state -issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or ■ Any other d..)cuments or combination of documents listed in the Town's "Acceptable Documents for Lawful Presence Verification" chart that prove both Contractor's citizenship/lawful presence and ldentity. OR ❑ I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE°) program, and provide such verification to the Town. , Signature Page 9 of 17 FIRESTONE 1 Date DEPARTMENT PROGRAM AFFIDAVIT To be completed only if Contractorparticipates In the Department of Labor Lawful Presence Verification Program as a public contractor under contract with the Town of Firestone (the 'Town'), hereby affirm that: 1. 1 have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. 1 have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. 1 have-not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. . Signature Date • STATE OPFCOLORADO } ) ss. COUNTY OF } i The foregoing instrument was subscribed, sworn to and acknowledged before me this _ day of 2020, by as of i. i My commission expires: (SEAL) 0 Greeley Office: Swink Office: T P.O. Box 336638 P.O. Box 505 Greeley, CO 80633 Swink, CO 81077 Ph: (970) 346-8323 ..� Ph: (719) 384-5956 Fax: (970) 3468324 �iONSTRRCTOKS Fax: (719) 346-5959 • QUOTATION To: Town of Firestone Date: January 31, 2020 161 Grant Avenue Firestone, CO 80520 Job or Project: Firestone Bridge Repair 11-26 Frontage Road over St. Wain River TLM Constructors, Inc., will furnish all labor, material and equipment to complete the following scope of work at the unit prices quoted, Item B Client!# Description Quantity Unit Unit Price Total 5 202-00210 Removal of Concrete Pavement 70 SY $ 30.00 $ 2,100.00 10 202-00220 Rem Asphalt Mat 51 SY $ 25.00 $ 1,275.0 15 202-00246 Rem Asphalt Mat Planing}(Special) 1453 SY $ 7.00 $ 10,171.00 20 202-00504 Rem Exp Device 45 LF $ 304,00 $ 13,680.00 25 208-00045 Conc Washout Str 1 EACH 1 $ 975.00 $ 975.0•0 30 208-C-0035 Aggregate Bag 100 LF $ 8.00 $ 800.00 35 210-00425 Res Bridge Railing 84 LF $ 42.00 $ 3,528.00 40 403-32741 Hot Mix Asphalt (Grading SG) (75) (PG 64-22) 27 TON $ 160.00 $ 4,320.00 45 403-33741 Hot Mix Asphalt (Grading S) (75) (PG 64-22) 27 TON $ 160.00 $ ... 4,320.00 50 403-34741 HMA (GrSX) (75) (PG 64-22) 174 TON $ 145.00 $ 25,230.00 55 518-01004 Br Expan Device (0-4 In) 43 LF $ 275.00 $ 11,825.00 60 518-01060 Br Expan Device (Gland) (0-4 in) 43 LF $ 78.00 $ 3,354.00 65 518-03000 Saw and Seal Br loInt 90 LF $ 25.00 $ 2,250.00 70 601-03040 Concrete Class Q (Bridge) 4.5 CY $ 2,560.00 $ 11,520.00 75 602-00020 Reinf Steel (Epoxy) 380 LB $ 4.50 $ 1,710.00 80 626-000DO Mobilization 1 L S $ 20,850.00 $ 20,850.00 85 627-00004 Epoxy Pavement Marking Soo SF $ 6.00 $ 3,000.00 90 630-00D16 Traffic Control (Special) LS 1 L S $ 17,500.00 $ 17,500.00 Bid Total A 138.408.00 Notes: • Payment terms per CDOT Specifications. • Material Testing is not included in our quote, this cost may be added If requested. • It is anticipated that construction will require road closure for 30 Calendar Days. • Billing quantity will be based on actual quantity placed. Exclusions: Surveying Night Work or Wight Work Lighting Bond (Add 1.50% If Required) Erosion Control Inspections ! SWAMP Engineering Waterproofing Membrane on Bridge Deck Material Testing Deck Surface Repair or Patching 3 • Qrtulity, Orrr Unspoken Prn»rise EQUAL OPPORTUNITY EMPLOYER RESOLUTION NO.20-26 i A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A MASTER EQUITY LEASE AGREEMENT AND AMENDMENT BETWEEN THE TOWN OF FIRESTONE AND ENTERPRISE FM TRUST FOR THE LEASE OF MUNICIPAL FLEET VEHICLES WHEREAS, the Town of Firestone's ("Town") vehicle fleet being without a replacement plan has numerous vehicles in need of replacement; and WHEREAS, given the current number of vehicles in need of replacement, the Town finds that at this time acquisition of the vehicles by lease is the best means to meet the Town's needs; and WHEREAS, Enterprise FM Trust is willing to provide the required vehicles upon terms and conditions favorable to the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Master Equity Leese Agreement and Amendment between Enterprise FM Trust and the Town of Firestone is approved in substantially the same form as the copy attached hereto and • made a part of this resolution and the Mayor is authorized to execute the Agreement and Amendment on behalf of the Town. INTRODUCED, READ AND ADOPTED thisay of , 2020. ORE roryN T WN OF I.RESTONE, COLORADO 10 _ . _ oto G� UAbi Sin'd6lar, Mayor ATTEST: Koenig, Town OVED AS TO 17ORM: William P. Hayashi, Town Attorney �.'fir r'i , ' irlr � } r -'1 + • � ��r� � I.. _1 i1r� ,. 3. 3e .L� bxi - aF1+f3PL ,•af -- .sti r` a i- Iy I i'`-'. E�FLEETT MANAGEMENT _!y f ff .l:r t S , MASTER EQUITY LEASE AGREEMENT This Master Equity Lease Agreement is entered Into this 'a;? 6 day of /+'t c - by and between Enterprise FM Trust, a Delaware statutory trust ("Lessor"), and the lessee whose name and address is set forth on the signature page bet ("Lessee"). 1. LEASE OF VEHICLES; Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a "Vehicle" and collectively, the "Vehicles") described In the schedules from lima Wilms delivered by Lessorto Lessee ss set forth below ("Sohedule(s)") for the rentals and on the terms aet forth In this Agreement and in the applicable Schedule. References to this "Agreement" shall Include this Master Equity Lease Agreement and the various Schedules and addenda to this Master Equity Lease Agreement. Lessor will, on or about the date of deliveryof each Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will Include, among other things, a description of the Vehicle, the lease term and The monthly rental and other payments due with respect to the Vehicle. The terms contained in each such Schedule will be binding an Lessee unless Lessee objects In writing to such Schedule within ton (10) days after the date of delivery of the Vehicle covered by such Schedule. Lessor Is the sole legal owner of each Vehicle. This Agreement is a lease onlyind Lessee will have no right, title or Interest In or 10 the Vehicles except for the use of the Vehicles as described In this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles. It Is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, "Servlcer") may administer this Agreement on behalf of Lessor and may perform the service functions herein provided to be performed by Lessor. 2. TERM: The tern of this Agreement ("Term") for each Vehicle begins on the date such Vehicle Is delivered to Lessee (the'"Dellvery Data") and, unless terminated earlier In accordance with the terms of this Agreement, continues for the "Lease Term" as described in the applicable Schedule. 3, RENT AND OTHER CHARGES: (a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement. The monthly payments will be In the amount listed as the "Total Monthly Rental Including Additional Servlces" an the applicable Schedule (with any portion of such amount Identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and • payable In advance on the first day of each month. Va Vehicle is delivered to 'Lessee on any day other than the first day of s month, monthly rental payments will begin on the first day of the next month. in addition to the monthly rental payments, Lessee agrees to pay Lessor a pro -rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A portion of each monthly rental payment, being the amount designated as "Depreciation Reserve" on the applicable Schedule, will be considered as a reserve for depreciation and will be credited against the Delivered Price of the Vehicle for purposes of computing the Book Value of the Vehicle under Section 8(c), Lessee agrees to pay Lessor the "Total Initial Charges" set forth in each Schedule on the due date of the first monthly rental payment under such Schedule, Lessee agrees to pay Lessor the "Service Charge Due at Lease Terminatlon" set forth In each Schedule at the and of the applicable Term (whether by reason of expiration, early termination or otherwise). (b) In the event the Term for any Vehicle ends prior to the last day of the scheduled Term, whether as a result of a default by Lessee, a Casualty Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78's and the adjusted amount will be payable by Lessee to Lessor an the termination date. (c) Lessee ogress to pay Lessor within thirty (30) days after the end of the Term for each Vehicle, additional rent equal to the excess, If any, of the BookValus of such Vehicle over the greater of (1) the wholesale value of such Vehicle as determined by Lessor in good faith or (11) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth In the applicable Schedule. If the Book Value of such Vehlcle Is less than the greater of (I) the wholesale value of such Vehicle as determined by Lessor in good faith or (11) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Losses as a terminal rental adjustment within thirty (30) days after the and of the applicable Term. Notwithstanding the foregoing, If @ the Term for a Vehicle Is greater than forty-elght (48) months (including any extension of the Term for such Vehicle), (1i) the mileage on a Vehicle at the and of the Term Is greater than 15,000 miles per year on average (prorated on a dally basis) (I.e., if the mileage on a Vehicle with a Term of thirty4lx (36) months is greater than 45,000 miles) or (Ili) In the sole judgment of Lessor, a Vehicle has been subject to damage or any abnormal or excessive wear and tear, the calculations described In the two Immedlately preceding sentences shall be made without giving effect to clause (11) in each such sentence. Tho "Bodo Value" of a vahicia means the sum of {I) the "Dellvered Price" of the Vehicle as set forth In the applicable Schedule minus (11) the total Depreciation Reserve paid by Lessee to Lessor with respect to such Vehicle plus (111) all accrued and unpaid rent and/or otheramounts owed by Lessee with respect to such Vehicle. (d) Any security deposit of Lessee will be returned to Lessee at the and of the applicable Term, except that the deposit will first be applied to any losses and/ or damages suffered by Lessor as a result of Lessee's breach of or default under this Agreement and/or to any other amounts then owed by Lessee to Lessor. (a) Any rental payment or other amount owed by Lessee to Lessor which Is not paid within twenty (20) days after its due date will accrue Interest, payable on demand of Lessor, from the date due until paid In full at a rate per annum equal to the lesser of (1) Eighteen Percent (1814) per annum or (I1) the highest rate permitted by applicable low (the "Default Rote"). (1) If Lessee falls to pay any amount due under thls Agreement or to comply with any or the covenants contained In this Agreement, Lessor, Servicer or any other 8gent of Lessor may, at Its option, pay such amounts or perform such covenants and all sums paid or Incurred by Lessor In connection therewith will he repayable by Lessee to Lessor upon demand together with Interest thereon at the Default Rate. Initials; EFM,Customer,,, rl L (g) Lessee's obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made to Immedlately available fundswithout setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casually Occurrence to any Vehicle nor any defect, unflinass or lock of governmental approval in, of, or with respect to, any Vehicle regardless of the cause or consequence nor any breach by Enterprise Fleet Management, Inc, of any maintenance agreement between Enterprise Fleet Management,lnc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Losses from the performance of any of Its obligations under this Agreement, Including, without limitation, the payment of rent and other amounts under this Agreement. 4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles, Lessee agrees to comply with, end cause Its drivers to comply with, all laws, statutes, rules, regulations and ordinances and the provisions of ail Insurance polJoles affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that In no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any Illegal purpose or to poll trailers that exceed the manufacturer's trailer towing recommendations. Lessee agrees that noVehlclo is Intended to boor will be utilized as o "school bus" as defined In the Coda of Federal Regulations orpny applicable state or municipal statute or regulation. Lessee agrees not to remove anyVehicle from the continental United States without first obtaining Lessor's written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at Its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee falls to return any Vehicle to Lessor as and when read{red In accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro -rated dally rent. Acceptance of such additional rent by Lessor will in noway limit Lessor's remedies with respect to Lessee's failure to return any Vehicle as required hereunder. 5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and state Income taxes on the Income of Lessor) Incurred in connection with the tilling, registration, delivery, purchase. sale, rental, use or operation of the Vehicles during the Term, if Lessor, Servicer or any other agent or Lessor Incurs any such costs or expenses, Losses agrees to promptly reimburse Lessor for the same. 8. LICENSE AND CHARGES: Each Vehicle will be tilled and licensed in the name designated by Lessor at Lessee's expense, Certaln other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have bean capltallzed to determining the monthly rental, treated as an 'Initlal charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit attributable to any Lessor -owned vehicle. T. REGISTRATION PLATES, ETC.: Losses agrees, at Its expense, to obtain In the name designated by Lessor all registration plates and other plates, permits, Inspections and/or 1€tenses required in connection with the Vehloles, except for the Initial registration plates which Lessor will obtaidat Lessee's expense. ,The parties agree to cooperate and to furnish any and all Information or documentation, which may be reasonably necessary for oompl[ance with the provisions of this Section or any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located In a state other than the state In which such Vehicle is then titled for any continuous period of lime that would require such Vehicle to become subject to the tilling and/or registration laws of such other state. 8: MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES: (a) Losses agrees, at Its expense, to (i) maintain the Vehicles In good condition, repair, malntenance and running order and In accordance with all manufacturer's Instructlons and warranty requirements and all legal requirements and (il)-furnlsh all labor, materials, parts and other essentials required tar the proper operation and malntenance of the Vehicles. Any alterations, additions, replacement parts or improvements to a Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehlcla's return pursuant to Section 4. Notwithstanding the foregoing, so long as no Event of Default has occurred and is continuing, Lessee shall have the right to remove any additional equipment Installed by Lessee on a Vehicle prior to returning such Vehicle to Lessor under Section 4. The value of such'eiterations, additions, replacement parts and Improvements will in no Instance be regarded as rent. Without the prior written consent of Lessor, Lessee will not make any alterations, additions, replacement parts or improvements to any Vehicle which datract from its economic value or functional utility. Lessor will not be required to make any repairs or replacements of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any expenditure whatsoever In connection with any Vehicle or this Agreement. (b) Lessor and Lessee acknowledge and agree that If Section 4 of a Schedule Includes a charge for maintenance, (1) the Vehicle($) covered by such Schedule are subject to a separate maintenance agreement between Enterprise Float Management, Inc. end Lessee and (1l) Lessor shall have no liability or responslbllity for any failure of Enterprise Fleet Management, Inc, to perform any of its obligations thereunder or to pay or reimburse Lessae for ils payment of any costs and expenses incurred in connection with the maintenance or repair of any such Vehlcla(s). 9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES: (a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A SIZE, DESIGN, CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEE'S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF ANY VEHICLE. (b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECTTO ANY VEHICLE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTYAS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED "AS IS;' "WITH ALL FAULTS:' All warranties made by any supplier, vendor .and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee's only remedy, If any, Is against the supplier, vendor or manufacturer of the Vehicle. IRlllals: EFM 17VV . Customer �_s .47 y. k 'L R _ ; 1Y ?Fv} iH �:.� :�� i - f } y S 2:,'i l tI t�Y. R•i �,.y �� i.`] L t S 'r,� 1 1}rj I 4: i2r Pf� �f yh'4 � I d IF 11 '-1. ^;�� it � 5.k C4ri��ts"a4t.�.;;iie.•�'�•�%ri;is,ki'��'.i..rc:Ml+Ywx'i!':,t,i.l+.lb'.q•, drsr+A•tr�'.�.Jl:i�t:�,f: .h�.+. �'-i.�%r�Ctff�r „1I ..,.,.•.lr.w:r{A^ �n,rs,:. R'.�t«s.: ;:1-,.".'�',�a�y�SEk te?. r None of O Lessor, Se rvlcar or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequentiei) or expense of any kind or nature, caused directly or Indirectly, by any Vehicle or any Inadequacy of any Vehicle far any purpose or any defect (latent or patent) In any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vehlcie, or any delay in providing or failure to provide any Vehicle, or any interruption or loss of service or use of any Vehicle, or any foss of business or any damage whatsoever and however caused, In addition, none of Lessor, Servlcer or any other agent of lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee If Lessor Is unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Losses: 10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from anycause whatsoever ("Casualty Occurrence"). In the event of a Casualty Occurrence to a Vehicle, Leases shall give Lessor prompt notice of the Casually Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that If the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a "Totaled Vehlcie"), Lessee agrees to pay Lessor no later than the date thirty (30) days aflerthe date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle. Upon such payment, this Agreement will terminate with respect to such totaled Vehicle. 11. INSURANCE: (a) Lessee agrees to purchase and maintain In force during the Term, Insurance policies in at least the amounts listed below covering each Vehicle, to be written by an Insurance company or companies satisfactory to Lessor, Insuring Losses, Lessor and any other person or entity designated by Lessor -against any damage, claim, suit, action or liability: (1) Commercial Automobile Liability Insurance (Including Uninsured/Underinsured Motorist Coverage and No -Fault Protection where required by law) for the limits listed below (Note - $2,000,000 Combined Single Limit Bodily injury and Property Damage with No Deductible Is required for each Vehicle capable of transporting more than B passengers): State ofVehtcle Reglstr0ojl Coverage Connecticut, Massachusetts, Maine, New Hampshire, New Jersey, $1,000,000 Combined Single Limit Bodily Injury and Property Damage New York, Pennsylvania, Rhode Island, and Vermont - No Deductible. Florida $500,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodlty injury Per Person, $300,000 Per Occurrence and $60,000 Property Damage (1001300150) - No Deductible All Other States $300,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300.000 Per Occurrence and $50,000 Property Damage (1001300150) - No Deductible (11) Physical Damage Insurance (Collision & Comprehensive): Actual cash value of the applicable Vehicle. Maximum deductible of $500 per occurrence - Collision and $250 per occurrence - Comprshensiva). If the requirements of any governmental or regulatory agency exceed the minimums stated In this Agreement, Lessee must obtain and maintain the higher Insurance requirements, Lessee agrees that each required policy of Insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity dasignated by Lessor as additional insureds and loss payees, as their respective Interests may appear. Further, each such Insurance policy must provide the following: 0? that the some may not be cancelled, changed or modified until after the Insurer has given to Lessor, Servlcer and any other person or entity designated by Lessor at least thirty (30) days prior written. notice of such proposed cancellation, change or modification, (11) that no act or default of Lessee or any other person or entity shall affect the right of Lessor, Servlcer, any other agent of Lessor or any of their respective successors or assigns to recover under such policy or policies of insurance In the event of any loss of or damage to any Vehicle and (111) that the coverage is "primary coverage" for the protection of Lessee, Lessor, Servlcer, any other agent of Lessor and their respective successors and asslgns notwithstanding any other coverage celled by Lessee, Lessor. Servicor, any other agent of Lessor or any of their respective successors or assigns protecting against similar risks. Original certificates evidencing such coverage and naming Lessor, Servlcer, err other agent of Lessor and any other parson or entity designated by Lessor as additional insureds end loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servlcer and any other agent of Lessor as Lessee's attorney -In -fact to receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments If Lessee falls to do so, Any expense of Lessor, Servlcer or any other agent of Lessor In adjusting or collecting Insurance shall be barns by Lessee. Lessee, Its drivers, servants and agents agree to cooperate fully with Lessor, Servlcer, any other agent of Lessor and any Insurance carriers in The Investigation, defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim Is made or action commenced for death, personal Injury or property damage resulting from the ownership, maintenance, use or operation of anyVehicte. Lessee will promptly notify Lessor of such action or claim and forward to Lessor a copy of every demand, notice, summons or other process received In connection with such claim or action. (b) Notwithstanding the provisions of Section 11 (a) above: (1) If Section 4 of a Schedule Includes a charge for physical damage waiver, Lessor egrees that (A) Lessee will not be required to obtain or maintain the minimum physical damage Insurance (collision and comprehensive) required under Section 11(a) for the Vehicles) covered by such Schedule end (B) Lessor will assume the risk of physical damage (collision and comprehensive) to the Vehicle(s) covered by such Schedule; provided, however. that such physical damage waiver shall not apply to, and Lessee shall be and remain liable and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts, accessories or components added to a covered Initials: EFM3Cuslorner-,- { • ; !, fsV, i°! ' 5, F ; ;' r a r'. F�-�� f.F 4 ,r� .3 i `s4 , W r i Rt a• _r !# rs - a- 1 - i 4:r , fl '{ I.Pi, r,4s:;'iit4y�:t�l •i1Y 3�ti. �• j.+,r..:t t v,ksYw.<as�, 7ktf�.1, ..hjX,fif,�nSlr , i4A ,s° ..: :f.vk !ixi y.t r,5 c.Y3 tei:L .itlteatxl + l�fi! .L hf6,;d Vehicle b Lessee without the prior written con o Lessor and/or y p o it sent t L damage to or loss of any property and/or personal effects contained in a covered Vehlcla. In the event of a Casually Occurrence to a covered Vehicle. Lessor may, at Its option, replace, rather than repair, the damaged Vehicle with an equivalent vehicle, which replacement vehicle will then constitute the "Vehicle" for purposes of this Agreement; and (11) If Section 4 of a Schedule includes a charge for commercial automobile liability enrollment. Lessor agrees that it will, silts expense, obtain for and on behalf of Lessee, by adding Lessee as an additional Insured under a commercial automobile fiabliily Insurance policy Issued by an Insurance company selected by Lessor, commercial automobile liability Insurance satisfying the minimum commercial automobile liability Insurance required under Section ll(a) for the Vahicie(s)covered bysuch Schedule. Lessor may at any lime during the applicable Term terminate sold obilgatlon to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least ten (i0) days prior written notice. Upon such cancellation,,insurence In the minimum amounts as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee's expense. An adjustment will be made In monthly rental charges payable by Lessee to reflect any such change and Lessee agrees to furnish Lessorwith satisfactory proof of Insurance coverage within ten (10) days after mailing of the notice. In addition, Lessor may change the rates charged by Lessor under this Section 1t(b) for physical damage waiver andlor commercial automobile liability enrollment upon giving Lessee at least thirty (30) days prior written notice, 12, INDEMNITY: To the extent permitted by state law, Lessee agrees to defend and Indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys tees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may Incur by reason of Lessee's breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of, any loss, damage, theft or destruction of any Vehicle or related io or arising out of or In connection with the use, operation or condition of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Nothing herelh ship be deemed to affect the rights, privileges, and Immunities of Lessee and the foregoing Indemnity provision Is not Intended to be a waiver of any sovereign Immunity afforded to Lessee pursuant to the law. 13, INSPECTION OF VEHICLES, ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at Its expense, all Inspections of the Vehicles required by any governments? authority during the Term. Lessor, Servlcer, any other agent of Lessor and any of their respective successors or -assigns will have the right to inspect any Vehicle at any reasonable time(a) during the Term and for this purpose to enter Into or upon any building or place where any Vehicle Is located. Lessee agrees to comply with all odometer disclosure laws, rulas and regulations and to provide such written and signed disclosure Informal Ion ansuch forms and Insuch manner asdirected byLessor, Providing false Information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial Information regarding Lessee as Lessor may from time to time reasonably request. 14, DEFAULT; REMEDIES: The following shall constitute events of default ("Events of Default") by Lessee under this Agreement: (a) If Lessee falls to pay when due any rent or other amount due under this Agreement_and any such failure shall remain unremedled for tan (10) days; (b) if Lessee falls to perform, keep or observe any term, provision or covenant contained to Section 11 of this Agreement; (a) If Lessee fails to perform, keep or observe any other term, provision or covenant contalned In this Agreement and any such failure shall remain unremadled for thirty (30) days after written notice thereof Is given by Lessor, Servicer or any other agent of Lessor to Losses; (d) any seizure or confiscation of any Vehicle or airy other act (other than a Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (a) if any present or future guaranty In favor of Lessor of all or any portion of the obligations of Lessee under this Agreement shall at any lime for any reason cease to be in full force and effector shall be declared to be null and vold by a court of competent jurlsdictlon, or If the validity or enforceability of any such guaranty shall be contested or denied by any guarantor, or if any guarantor shall deny that It, he or she has any further liability or obligation under any such guaranty or If any guarantor shall fall to comply with or observe any of the terms, provisions or conditions contained In any such guaranty; (f) the occurrence ofa_ material adverse change In the financial condition or business of Lessee or any guarantor; or (g) If Lessee or any guarantor Is In default under or fails to comply with any other present or future agreement with or in favor of Lessor, The Crawford Croup, Inc, or any direct or Indirect subsidiary of The Crawford Oroup,,lnc„ For purposes of this Section 14, the term "guarantor" shall mean any present or future guarahtor of all or any portion of the obligations of Lessee under this Agreement. Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand end receive Immediate possession of any or all of the Vahloles from Lessee, without releasing Losses from Its obligations under this Agreement; If Lessee falls to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servlcer, any other agent of lessor and any of Lessor's Independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (a) Lessor may recover damages and expenses sustained by Lessor. Servtcar, any other agent of Lessor or any of their respective successors or assigns by reason of Lessee's default Including, to the extent permitted by applicable law, all costs and expenses, Including court costs and reasonable attorneys' fees and expenses, Incurred by Lessor. Servlcer, any other agent of Lessor or any of their respective successors or assigns In attempting or effecting enforcement of Lessor's rights under this Agreement (whelher'or not litigation Is commenced)'andlor in connection with bankruptcy or Insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee's rights under this Agreement; (a) with respect to each Vehicle, Lessor may recover from Losses all amounts owed by lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor does not recover possession of a Vehicle, (1) the estimated wholesale value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (11) the calculations described 1n the first two sentences of Section 3(c) shall be made without giving effect to clause (11) In each such sentence); andlar (f) Lessor may exercise any other right or remedywhich may he available to Lessor under the Uniform Commercial Code, any other applicable law or In equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall hot affect Lessee's obligation to pay all amounts due for periods prior to the offoctiva data of such termination or Lessee's obligation to pay any Indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or In equity are cumulative. 15. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement andlorany or all of Its rights and obligations under this Agreement to any person or entity, Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee ortransferee. Any such assignee, pledgee or transferee of any rights crobligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee's rights and Interest In and to the Vehicles are and will continue Initials: EFM.1& Customer, if s i��YY �St'}1s1 t�X' r :: �Ai .;rs, .'>a�'�{ -J t- kph f,�-c ii �F s'''.r -�l�1 Y�r:-i.,).«xr.+:c�.deA:-r;esr.�.�.��+t:+�i..�M�l<:�ri�l�..s,�.i?.t'�Y;>�:�,�a:,ti?.kr��':tr.is..+�e..sii.::L� dl�r!^ a^.,r�trati4�r "�..e � ' �'�a at all times to be subject and subordinate In all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Defaull under this Agreement has occurred and Is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee In and to any amounts payable by the Lessee under any provisions of this Agreement shelf be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or Interruption from whatsoever cause In the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person orantity, or for any otherreason. Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any Interest in this Agreement or In and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee's Interest In this Agreement Is not assignable and cannot be assigned or transferred by operation of law. Losses will not transfer or relinquish possession of any Vehicle (except for the sola purpose of repair or service of such Vehicle) without the prior written consent of Lessor. 18. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an Instrument In writing executed by both parties, Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid unless In writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not he construed as a bar to any right or remedy, which Lessor would otherwise have on any future occasion. If any farm or provision of this Agreement or any application of any such term or provision is Invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be effected thereby. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to lime. Any such notice mailed to such address will be effective one (1) day after deposit In the United States mail, duly addressed, with certified mail, postage prepald. Lessee will promptly notify Lessor of any change In Lessee's address. This Agreement may be executed In multiple counterparts (Including facsimile and pdf counterparts), but the counterpart marked "ORIGINAL:' by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under Ihls Agreemont (If more then one) are joint and several. 17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and Its heirs, executors, personal representatives, successors and asslgns, and will Inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed In accordance with the substantive laws of tho State of Missouri (datermined without reference to conflict of law principles), 18, NON -PETITION: Each party hereto hereby covenants and agrees that, prlorto the date which Is one year and onb day aftet payment In full of all Indebtedness of Lessor. It shall not Institute against, or join any other person In Instituting against, Lessor any bankruptcy, reorganization, arrangement, Insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United Slates.. The provisions of this Section 18 shall survive termination of this Master Equity Lease Agreement. 19. NON -APPROPRIATION: Lessee's funding of this Agreement shall be on a Fiscal Year basis and Is subject to annual appropriations. Lessor acknowledges that Lessee Is a municipal corporation, Is precluded by the County or State Constitution and other taws from entering Into obligations that financially hind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the County or State fall to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages, These reasonable damages will be limited to the losses Incurred by the Lessor for having to sell the vehicles on the open used car market priorto the and of the scheduled term (as determined In Section 3 and Section 14 of this Agreamenl). IN WITNESS WHEREOF, Lessor and Lessee have duty executed this Master Equity tease Agreement as of the day and year first above written. LESSEE: Q. LESSOR; Enter se F T st By: Ente rls hie amen inc Its attorney in fact Signature: d Signature: By: By: David Owen Tine: 1m,Dr Director Title: Address: L,. — Address; 7201 S, , Fulton Street Centennial, CO 80112 Date Signed; Data Signed: Initials: EFM Cuslomer • Section 12 of the Master Equity Lease Agreement Is amended to read as follows; RESPONSIBILITY. To the extent permitted by Colorado state law, Lessee shall be responsible for any and ail losses that Lessor Incurs, or claims, demands, or rights of actlon that may be asserted at any time against Lessor, which arise as a result of (1) Lessee's breach of this Agreement; (11) the use, operation or condition of any of the Vehicles, or (III) Lessee's lease of the Vehicles pursuant to this Agreement. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Section 19 of the Master Equity Lease Agreement Is amended to read as follows: NON APPROPRIATION: Lessee's funding of this Agreement shall be on a Fiscal Year basis and Is subject to annual appropriations. Lessor acknovrledges that Lessee Is a municipal corporation, is precluded by the Colorado State Constitution and other laws from entering Into otillgations that financially bind future governing bodies, and that, therefore, nothing In this Agreement shall constitute an obligation of future legislative bodies of the Town to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the Town fall to appropriate such funds, the Lessor shell be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages. These reasonable damages will be limited to the losses Incurred by the Lessor for having to sell the vehicles on the open used car market prior to the and of the scheduled term (as determined In Section 3 and Section 94 of this Agreement). All references In the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar Import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, ail of the terms, provisions, conditions, covenants, representations and warranties contained In the Agreement shall be and remain In full force and effect and the same are hereby ratified and confirmed. IN WITNESS WHEREOF, Lessor and Lessee have execut Amend t to Master Equity Lease Agreement as of the day ofOom", 2020. Town of Firestone(Lesses) Enterprise FM 7rtisl (Lessor) 'D//^�� By: Enterprise Fleet Manage ant, Inc., its attorney in rest By — — -�KICI By_- 0 0 RESOLUTION NO.20-27 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND GOLF & SPORT SOLUTIONS, LLC, FOR LASER GRADING SERVICES FOR THE FIRESTONE SPORTS COMPLEX WHEREAS, the Town of Firestone ("Town") is in need of laser grading services for the infields of the three ball fields at the Firestone Sports Complex; and WHEREAS, Golf & Sport Solutions, LLC, has the expertise to perform such services for the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: The Agreement between the Town of Firestone and Golf & Sport Solutions, LLC, for laser grading of the infields of the three ballfields at the Firestone Sports Complex services is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 26th day of February, 2020. CREST T OF FIRESTONE, COLORADO 3 p bi Sin , Mayor f oU •- o ATTEST: J4sifa koenig, Town APPR VED AST FO Willia . Hayashi, Town Attorney • AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") Is made and entered into this 9"day of Y , 2020 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporal! with an address of 151 Grant Avenue, P.O. Box 100, Flrestone, Colorado 80520 (the "Town"), and Golf & Sport Solutions; an independent contractor with a principal place of business at 22455 WCR 49 La Salle, Colorado 80645 ("Contractor") (each a "Party" and collectively the „Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held Itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably Implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference and known as: Sports Complex Improvements (P2020-9325). B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived. any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $25,972.12. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor may submit periodic Invoi."es, which shall be paid by the Town within 30 days of receipt. Page 1 of 9 FIRFURNF • j IV, PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that It Is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work In the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, C. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work except as expressly set forth In the Scope of Services. V. OWNERSHIP Any materials, Items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town, Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, If at all, that it does not constitute a "work made for hire," . Contractor hereby transfers, sells, and assigns to the Town all of Its right, title, and Interest In such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. If the Town reuses or makes any modification to Consultant's designs, documents or work product Without the prior written authorization of Consultant, the Town agrees, to the fullest extent permitted by law, to release the Consultant, its officers, directors, employees and sub -consultants from all claims and causes of action arising from such uses, and shall indemnify and hold them harmless from all costs and expenses, including the cost of defense, related to claims and causes of action to the extent such costs and expenses arise from the Town's modification or reuse of the documents. The Town expressly acknowledges and agrees that the documents and data to be provided by Consultant under the Agreement may contain certain design details, features and concepts from the Consultant's own practice detail library, which collectively may form portions of the design for the Project, but which separately, are, and shall remain, the sole and exclusive property of Consultant. Nothing herein shall be construed as a limitation on the Consultant's right to re -use such component design details, features and concepts on other projects, in other contexts or for other clients. VI. INDEPENDENT CONTRACTOR Contractor is an Independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and Page 2 of 9 RRTSTONE s remain at.all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that It Is a Town employee for any purposes. VII, INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the Insurance coverages listed below, with forms and Insurers acceptable'to the Town, 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily Injury, broad form property damage, personal Injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severabiiity of Interests provision, and shall Include the Town and the Town's officers, employees, and contractors as additional Insureds. No additional insured endorsement shall contain any exclusion for bodily Injury or property damage arising from completed operations. 3. Professional liability Insurance with minimum limits of $1,000,000 each claim and is $2,000,000 general aggregate. B. Such Insurance shall be In addition to any other insurance requirements Imposed by law, The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town, in the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage, Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory Insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. • C. Contractor shall provide to the Town a certificate of Insurance as evidence that the required policies are In full force and effect. The certificate shall Identify this Agreement. Vlli. INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the Town and Its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of Injury, loss, or damage, including without limitation claims arising from bodily Injury, personal Injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement If such Injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Page 3 of 9 FIRESTONE r� u Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. B. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to Indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5. 102(8)(c). Ix. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not knowingly employ or contract with an Illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that falls to certify to Contractor that the subcontractor shall not knowingly employ or contract with an Illegal alien to perform work under this Agreement. C. Verification. 1. if Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation In either the E-Verify Program or the Departmenl.Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake preemployment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an Illegal alien who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor Is employing or contracting with an Illegal alien who Is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who Is performing work under this Agreement; except that Contractor shall not terminate the subcontract If during such 3 days the subcontractor provides Information to establish that the subcontractor has not knowingly employed or contracted with an Illegal alien who Is performing work under this Agreement. D. 2& to Comply with Investigations. Contractor shalt comply with any reasonable request by the Colorado Department of Labor and Employment made In. the course of an investigation conducted • Page 4 of 9 RRESTONE pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor Is complying with the terms of this Agreement. E. Affidavits, If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto, If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. X. MISCELLANEOUS A. Governing Law and Venue, This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought In Weld County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement, C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Agreement. . E. Notice. Any notice under this Agreement shall be In writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mall to the Party at the address set forth on the first page of this Agreement, F. Severabillty. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. . H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. • I. Governmental Immunity. The Town and.lts officers, attorneys and employees, 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 or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, of seq,, as amended, cr olherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall In no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed, Page 5 of 9 FIRESTONE • K. Sub ect to Annual Ap2ropriation. Consistent With Article X, 20 of the Colorado Constitution, any financial obligation of the Town not performed'during the. current fiscal year Is subject to annual appropriation, shall extend only to monies currently appropriated,. and shall riot constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. L. Representative Authority.. Each person signing this Agreement represents and :warrants that he or she is.duly authorized and .has the legal capacity to execute the Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as' of the Effective Date. 0NF 'low too T N OF FI REST NE, COLORADO o�•. SEAL jo 0, Bobbi Sindelar, Mayor ATTEST: A R AS TO FORM: Williarn"PA Vashi, Town Attorney. CONTRACTOR By: Page 8 of 9 FIRESTONE • • U NO EMPLOYEE AFFIDAVIT To be completed only if Contractor has no employees 1. Check and complete one; ❑ I• am a sole proprietor doing business as I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Firestone (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined In that Agreement. OR ❑ 1, am the sole own erimemberishareholder of a [specify type of entity — I.e., corporation, limited liability company], that does not currently employ any Individuals, Should I employ any Individuals during the term of my Agreement with the Town, i certify that I will comply with the lawful presence verification requirements outlined In that Agreement. 2. Check one. ❑ i am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following Items. 9 A valid Colorado driver's license or a Colorado Identification card; • A United States militaryy canal or a military dependent's Identification card; A United States Coast Guard Merchant Mariner card; • A Native American tribal document; N In the case of a resident of another state, the driver's license or state -issued identircatfon card from the state of residence, if that state requires the applicant to prove lawful presence prior to the Issuance of the identification card; or Any other documents or combination of documents listed In the Town's 'Acceptable Documents for Lawful Presence Verification" chart that prove both Contractor's cilizenship/lawful presence and identity, OR ❑ I am otherwise lawfully present In the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Allen Verification of E'ntillement ("SAVE'j program, and provide such verification to the Town. Signature Page 7 of 9 FIRESTONE Date LJ DEPARTMENT PROGRAM AFFIDAVIT To be completed only if Contrectorparticlpales In the Department of Labor Lawful Presence Verificatlon Program as a public contractor under contract with the Town of Firestone (the "Town") ereb%j affirm that: 1. 1 have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring data; 2, f have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. 1 have not and will not alter or falsify the Identification documents for my newly hired employees who perform work u er-t greement. Signaturd Date i STATE OF COLORADO ) ) ss. COUNTY OF W61--D ) The foregoing instrument was subscribed, sworn to (or affirmed) before me this 18 day of &BRV&9L 2020, by DALh+osn-0 as cE o? - of My rommisslon expires. itP (S E A l.) NOTARY PUBLIC' STATE OF COLORADO Not P lic NOTARY Ile 20104009371 My COMMISION EXPIRf 5 MARCH 18,20" Page 8 Of 9 FIRESTONE EXHIBIT A SCOPE OF SERVICES Contractor's Duties During the term of this Agreement, Contractor shall perform the following duties, as directed by the Town: d Add material and laser grade three fields at the Firestone Sports Complex. Please see attached proposal for additional information. Contractor's Deliverables In performance of the duties described above, Contractor shall deliver the following items to the Town, during the timeframes established by the Town: • none • • Proposal ZSupmlttea WT btIC POROCK 303-961-0092 PROPOSAL SUBMITTED TO: DESCRIPTION OF JOB: Town of Firestone Add material and Laser Grade three fields at Firestone 151 Grant Ave Firestone Co. 80520 Sports Complex. Laser grading to be done on three Attention: Chuc"c Bradt skinned infields only. Wet and roll material. Parks and Trails Foreman 303-901-0277 WE HEREBY SUBMIT specifications and estimates for: 1. Northwest Field: (23,988 SgFt) add 1" of material (126 tons) and Laser Grade 2. Northeast Field: (23,988 SgFt) add 1" of material (126 tons) and Laser Grade 3. Southeast Field: (24,500 SgFt) add 1" of material (130 tons) and Laser Grade 4. Shuttle material onto fields 5, 6. WE HEREBY PROPOSE to furnish labor complete with the above specifications for the sum of: "bor and Equ[Rn]ent: Laser Grade 72,476 SgFt ( three Inflelds) @ .12 sgft $8,697.12 Shuttle Material ( 380 tons onto 3 fields) @ $4.00/ton $1,520.00 Material: 250 tons of Classic Brown Infield: $24.001ton $6,000.00 130 tons of Razum Red Infield: $58.501ton $7,605.00 Freight: $4.901ton $1,862.00 Mobilization: 72 miles @ $4.00/ml $288.00 TOTAL: r $26,972.12 With payment to be made as follows: Net 30 days with approved credit. Iooes not Incivaq: Pagel of 2 r 1.. Repairing existing Irrigation system components damage because of the owner failing to locate existing Irrigation system. 2. Rep€lring damage done to existing field by hauling material on and off the field. Owners gonsibllltles: 1. Locate and mark all sprinkler heads, valve boxes, quick couplers and any other utilities prior to G&S starting work. 2. Allow sufficient entry (Fence openings) for G&5 access Into and out of work area. 3, Arrange for a site reasonably close (within 114 mile) of the field to dispose of the remnant grass and dirt material. Authorized Signature: Date: 1/8/2020 G&S Solutions, LLC NOTE: This proposal may be withdrawn by us If not accepted within thirty (30) days. matedei le guarentead to ba se apeellled, Anyallarelionordeviation from abova specineavons involving extra costsMl be exaeuled only upon wdgenorders, andva became and extra charge over and above the asumat% An agreements canlingentupon atdkes, eccldents or del a to and ourwnlmL Owner to carry fire, tomado and other micassiuy Insurance. Ourvradrere are fuV mvomd b waNmanaee nee0ontnsurence. Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You aye authorized to do the work asspecified, Payment will be made as outlined above. Authorized Signature: Date Accepted: With approved a edll, payreni to due 30 days oflnvalca date. An invoices not pald whin 00 days are conddefed pealdua AD aeeaunta Mora Qmn30 dare peal due vAll be placed on C.Od). unless olhorarrengamenle are made YAM ON SoWonO o(edil department. A service charge of l V2%permonthvAl be addadto ell amount WWC0411 notpaldwWtn 30 days. II GLM SoMons, et ka 9019 dieaeuo% deems g nacessery or advisable to bring legal or calleelion aftn to enforce payment, the Customer ithal) pay ON afi caul casts end oxpenses adsing autof arcausadbythe IfifgaWrk or cotlaMan acdoA tnctuding omad service dhergas and reasonable attorneys fees, end fVVeld County, Colorado shaghave fudsdiolton and venue forany and all ntlgetlon. Page 2 of 2 . RESOLUTION NO.20-28 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN UNDERWRITER ENGAGEMENT AGREEMENT WITH STIFEL, NICOLAUS & COMPANY FOR SERVICES REGARDING WATER REVENUE BONDS AND SALES AND USE TAX BONDS WHEREAS, the Town of Firestone ("Town") desires to finance various water, park and street projects through the issuance of water revenue bonds and possible refinancing of outstanding sales and use tax revenue bonds; and WHEREAS, the performance of such tasks requires that the Town retain an Underwriter who can provide services, which pertain to the structuring of the financing and marketing of the securities, which includes but is not limited to, advice with respect to terms and conditions affecting the bond, creating a fusible and efficient structure for the bonds to enhance marketability and coordinating the printing and distribution of preliminary and final statements; and WHEREAS, Stifel, Nicolaus & Company has the expertise to serve as the Town's Underwriter. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Underwriter Engagement Agreement between the Town of Firestone and Stifel, Nicolaus & Company is approved in substantially the same form as the attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED th-*Aay of F , 2020. STONF rr roWN 10 A; SEA r u ATTEST: Hayashi, Town Attorney X T WN OF FIRESTONE, COLORADO bi Sinddar, Mayor . UNDERWRITER ENGAGEMENT AGREEMENT THIS AGREEMENT is made and entered into this "day of February, 2020, by and among the Town of Firestone, (the "Issuer") and Stifel, Nicolaus & Company, Incorporated, (the "Underwriter" or "Stifel"), with reference to the following facts: RECITALS WHEREAS, the Issuer plans to issue Water Revenue Bonds and Sales and Use Tax Revenue Bonds (the "Bonds") to finance various projects within the Town of Firestone including water projects, park projects, and street projects, and a possible refinancing of outstanding sales and use tax revenue bonds, (the "Project"); and WHEREAS, the Issuer desires and is authorized by law to retain the services of the Underwriter in connection with the issuance of the Bonds; and WHEREAS, the Underwriter agrees to be retained by the Issuer and to provide to the Issuer.the services described herein; and WHEREAS, Stifel agrees to act as underwriter, subject to the conditions set forth herein; NOW therefore, for and in consideration of the mutual promises, covenants; and conditions herein contained, the parties hereto agree as follows: • Scope of Services The Issuer has engaged the Underwriter to perform various services related to the issuance of the Bonds, which are to be performed within the framework of all relevant rules and regulations. All services are provided on an arm's length, commercial basis and may or may not be provided in conjunction with services provided by advisors to the Issuer, such as, but not limited to, a financial advisor or a municipal advisor. With this understanding, the Underwriter may provide the following services and perform the following functions with respect to the Bonds: A. Structuring the Financing 1. The Underwriter will work with the Issuer, its bond counsel, financial advisor, disclosure counsel, and other members of the Issuer`s financing team in evaluating specific terms and conditions affecting the Bonds with the purposes of meeting the Issuer's financing objectives and assuring appropriate credit quality; 2. The Underwriter will work with the Issuer to create a feasible and efficient structure for the Bonds in order to enhance the Bonds' marketability; and I In cooperation with Issuer, the Underwriter will assist in the preparation of and/or review of all documents necessary to implement the issuance of the Bonds, including, but not limited to, authorizing resolutions, bond purchase agreement, and preliminary and final official statements distributed to . potential investors, as required S B. Marketing the Securities • 1. The Underwriter will provide information and material as needed to support presentations for rating agencies and/or bond insurance companies; if requested; 2. The Underwriter will coordinate printing and distribution of the preliminary and final official statements; 3. Together with the Issuer and other appropriate parties, the Underwriter will provide market information on the timing of the sale of the Bonds in relation to the market conditions and financing needs; 4. The Underwriter will arrange for distribution of the final official statements in accordance with Section 240.15c2-12 of Title 17 of the Code of Federal Regulations; and 5. The Underwriter will serve as sole managing underwriter of the Bonds, which obligation is conditioned upon the execution of a mutually satisfactory bond purchase agreement and other customary documentation, and coordinate with all parties so as to consummate the sale and delivery of the Bonds in a timely manner. Regulatory Disclosure Issuer is aware of Section 975 of the Dodd -Frank Wall Street Reform and Consumer Protection Act and the Securities and Exchange Commission's adopted rule commonly known as the "Municipal Advisor Rule" (SEC Rule 15Ba1-1 to 1513a1-8 -"the Rule") and the underwriter exclusion from the definition of "municipal advisor" for a firm serving as an underwriter for a particular issuance of municipal securities. Some of the services that Stifel will be called upon to perform, such as providing advice with respect to the sizing, structure, timing and terms of the Bond Issuance, are services that are also commonly provided by financial advisory firms. However, in providing such services for the Bonds, the parties understand and agree that Stifel is serving as an underwriter for this transaction and is permitted to give advice and recommendations under the "underwriter exclusion" provision of the Rule. Issuer agrees that Stifel will not be serving as the Issuer's financial advisor or acting as an agent or fiduciary for the Issuer and that the issuer will be consulting with its own legal, financial and other advisors. This Agreement and relationship shall be either executed, approved or acknowledged by the governing board of Issuer (the "Governing Board'). Disclosures Required by MSRB Rule G-17 Concerning the Role of the Underwriter 1. Municipal Securities Rulemak;ng Board ("MSRB" ) Rule G-17 requires an underwriter to deal fairly at all times with both municipal issuers and investors. 2. The underwriter's primary role is to purchase securities with a view to distribution in an arm's-length commercial transaction with the Issuer. The underwriter has financial and other interests that differ from those of the issuer. 3. The underwriter does not have a fiduciary duty to the issuer under the federal securities laws and is, therefore, not required by federal law to act in the best interests of the issuer without regard to its own financial or other interests. 2 4. The underwriter has a duty to purchase the securities from the issuer at a fair and reasonable price, but must balance that duty with its duty to sell the securities to investors at prices that are fair and reasonable. 5. The underwriter will review the official statement for the securities in accordance with, and as part of, its respective responsibilities to investors under the federal securities laws, as applied to the facts and circumstances of this transaction. I Disclosures Concerning the Underwriter Compensation The underwriter will be compensated by a fee and/or an underwriting discount outlined below and that will be set forth in the bond purchase agreement to be negotiated and entered into in connection with the issuance of the securities. Payment or receipt of the underwriting fee or discount will be contingent on the closing of the transaction and the amount of the fee or discount may be based, in whole or in part, on a percentage of the principal amount of the securities. While this form of compensation is customary in the municipal securities market, it presents a conflict of interest since the underwriter may have an incentive to recommend to the Issuer a transaction that is unnecessary or to recommend that the size of the transaction be larger than is necessary. Conflicts of Interest Disclosures Stifel has not identified any additional potential or actual material conflicts that require disclosure. Disclosures relating to Complex Municipal Securities Financing Since Stifel has not recommended a "complex municipal securities financing" to the Issuer, additional disclosures regarding the financing structure for the Issue are not required under MSRB Rule G-17. However, if Stifel recommends, or if the Issue is ultimately structured in a manner considered a "complex municipal securities financing" to the Issuer, this letter will be supplemented to provide disclosure of the material financial characteristics of that financing structure as well as the material financial risks of the financing that are known to us and are reasonably foreseeable at that time. Limitation of Duties The Issuer acknowledges and agrees that Stifel is not making a commitment to extend credit, make a loan or otherwise fund the Project beyond the obligations contained in a mutually satisfactory bond purchase agreement. The Issuer acknowledges that the services provided under this Agreement involve professional judgment by Stifel and that the results cannot be, and are not, guaranteed. As addressed above, among the services that Stifel will perform under this Agreement is assistance in preparation of, and/or review of the preliminary and final official statements for the Bonds. We note, however, that under federal securities law, an issuer of securities has the primary responsibility for disclosure to investors. Our assistance with respect to, and/or review of the official statement will be solely for purposes of satisfying 1 Under federal securities law, an issuer of securities has the primary responsibility for disclosure to investors. The review of the official statement by the underwriter is solely for purposes of satisfying the underwriter's obligations under the federal securities laws and such review should not be construed by an issuer as a guarantee of the accuracy or completeness of the information In the official statement. iour obligations as underwriter under the federal securities laws and such assistance and/or review should not be construed by the Issuer as a guarantee of the accuracy or completeness of the information in the official statement. Expenses The Issuer, from the Bond proceeds, will pay the Underwriter's costs incurred in the performance of this Agreement, including costs of its legal counsel, if any, communication, preparation of the official statements, and overhead expenses. The Issuer, from the Bond proceeds or other lawfully available funds, will pay for legal fees, including disclosure counsel; rating agency and credit enhancement fees including all related travel (if any); the cost of appraisal, fiscal consultant, statistical, computer, and graphics services (if any), cost of printing and distribution of the official statements and expense of publication, advertising, and informational meetings; and the costs of fiscal agent or bond trustee and registrar. Compensation The Underwriter agrees to prepare and coordinate all aspects of the sale of the Bonds. Stifel will be paid only when the Bonds are sold. The fee for Stifel's preparation and coordination of the sale of the Bonds shall be $4.75 per $1,000.00 of Bonds sold. The underwriting fee is contingent on a successful sale of the Bonds and is payable from the proceeds of the Bonds. . Term of Agreement This Agreement is to continue until the Project is financed or until the Governing Board formally abandons the Project, unless previously terminated by mutual written consent of the parties hereto. This Agreement may be terminated at anytime by the Issuer, upon five business days' prior notice to such effect to the Underwriter, or by the Underwriter upon five business days' prior notice to such effect to the Issuer. Any such termination, however, shall not affect the obligations of the Issuer under the Expenses section hereof. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. Governing Law This Agreement, and the rights and obligations of the parties hereto, shall be construed, interpreted and enforced pursuant to the laws of the Colorado, and exclusive venue in any and all actions existing under this Agreement shall be laid in the action or proceeding which Issuer or Underwriter may be required to prosecute to enforce its respective rights within this Agreement. The unsuccessful party therein agrees to pay all costs incurred by the prevailing party therein, including reasonable interest and attorney's fees, to be fixed by court, and said costs, interest, and attorneys' fees shall be made a part of the judgment in said action. Prior to the commencement of any litigation concerning this Agreement, the Issuer and the Underwriter agree to first submit any disagreements to mediation. This mediation requirement is intended to reduce the costs of dispute resolution for both parties. 4 r . Subcontractors The Underwriter shall, with the prior written approval of the Issuer, use such subcontractors as are necessary in the fulfillment of tlis Agreement. Miscellaneous Nothing contained herein shall preclude the Underwriter from carrying on its customary and usual business activities. The Underwriter specifically reserves the right, but is not obligated, to bid for and maintain secondary markets on any Issuer outstanding bonds subject to appropriate information barriers. Services provided by the Underwriter in connection with this Agreement shall not limit the Underwriter from providing services for the Issuer in conjunction with other services requested by the Issuer except as limited by rule of law or regulation. In connection with services agreed to herein, it is understood that the Underwriter will render professional services as an independent contractor. Neither the Underwriter nor any of its agents or employees shall be deemed an employee of the Issuer for any purpose. The Underwriter shall not assign or otherwise transfer any interest in this Agreement without the prior written consent of the Issuer. The Issuer acknowledges and recognizes Stifel as Underwriter with respect to the municipal securities referenced for purposes of MSRB Rule G-23 and Securities and Exchange Commission Rule 17 CFR (Registration of Municipal Advisors) and acknowledges receipt of the G-17 disclosures included herein. It is our understanding that you have the authority to bind the Issuer by contract with us, and that you are not a party to any conflict of interest relating to the subject transaction. If our understanding is incorrect, please notify the undersigned immediately. This Agreement constitutes the entire agreement between the parties relating to the subject matter thereof and supersedes any prior understandings or representations. The Agreement may be amended or modified only by a writing signed by both parties, It is solely for the benefit of the Issuer and Stifel, and no other person. This Agreement is submitted in duplicate originals. The acceptance of this Agreement by the Issuer will occur upon the return of one original executed by an authorized Issuer representative, and the Issuer hereby represents that the signatory below is so authorized, IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Stifel, Nicolaus & Company, Incorporated By--0. Name: Alan Matlosz Title: _. Manasing Director • Date: February 12,_2020 5 ACCEPTANCE Town of Fluntone By �RESTo � N Name m { , 10 Title KOO, G"• •........• �p . Gp pate a 6 ' 5. . RESOLUTION NO.20-29 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND KISSINGER & FELLMAN, P.C, FOR THE COMCAST FRANCHISE RENEWAL WHEREAS, the Town of Firestone ("Town") is in need of legal services to provide advice and guidance to the Town and its Consultant regarding renewal of the Town's Cable Franchise Agreement with Comcast; and WHEREAS, Kissinger & Fellman, P.0 has the expertise and experience to identify key negotiation issues, prepare a draft franchise agreement, and guide the Town through the legal procedure for adoption of the Comcast Cable Franchise Renewal; and WHEREAS, Kissinger & Fellman, P.0 is thus best suited to provide the legal services the Town requires for the Comcast Cable Franchise Renewal. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement for legal services for the Comcast Cable Franchise Renewal between the Town of Firestone and Kissinger & Fellman, P.C, is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED thisl6day of M , 2020. �ES7p/VF �0W1 % TOWN OF FIRESTONE, COLORADO i0 r i 0 Obb'i 'Sine ar, Mayor ATTEST: APPROVED AS TO FORM: J s ca Koenig, Tow Willi Hayashi, Town Attorney AGREEMENT FOR PROFESSIONAL SERVICES • THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this day of , 2020 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 151 Grant Avenue, P.O. Box 1.00, Firestone, Colorado 80520 (the "Town"), and KISSINGER & FELLMAN, P.C, an independent contractor with a principal place of business at 3773 Cherry Creek North Drive, Colorado 80209 ("Contractor") (each a "Party" and collectively the `Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE., for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference and known as: Comcast Franchise Renewal B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied . contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. lll. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay the Contractor an amount not to exceed $11,750.00. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt. IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services idescribed herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the Page 2 . applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Because the Town hras hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work except as expressly set forth in the Scope of Services. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work, The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. If the Town reuses or makes any modification to Consultant's designs, documents or work product without the prior written authorization of Consultant, the Town agrees, to the fullest extent permitted by law, to release the Consultant, its officers, directors, employees and sub -consultants from all claims and causes of action arising from such uses, and shall indemnify and hold them harmless from all costs and expenses, including the cost of defense, •related to claims and causes of action to the extent such costs and expenses arise from the Town's modification or reuse of the documents. 9 The Town expressly acknowledges and agrees that the documents and data to be provided by Consultant under the Agreement may contain certain design details, features and concepts from the Consultant's own practice detail library, which collectively may form portions of the design for the Project, but which separately, are, and shall remain, the sole and exclusive property of Consultant. Nothing herein shall be construed as a limitation on the Consultant's right to re -use such component design details, features and concepts on other projects, in other contexts or for other clients. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. IQSSiNGER & SELLRIAN, P.C. - 3573 Cherry Creek North Drive, Suite 900, Deaver, CO 80209 • (303) 320-6100 • FAX: (303) 327-8601. Page 3 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate, B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contactor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. B. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c). IX. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado XISSINGER & FELLMAN, P.C. • 3773 CherryCreek North Drive, Suite 900, Denver, CO 80209 • (303) 320-6100 • FAX: (303) 327-8601 Page 4 • Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. • B. Prohibited. Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E, Affidavits. -If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Agreement. KISSINGER & FELLMAN, P.C. • 3773 CherryCreek North Drive, Suite 900, Denver, CO 80209 • (303) 320-6100 • FAX; (303) 327-8601 Page 5 •E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G: Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, 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 or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10A01, of seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K.. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall .extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. L. Representative Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute the Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date; T N OF FIRESTONE COLORADO yor, BobYA §indelar ATTEST: Koenig, Town A P 11 D AS TO FORT�r Willia . Hayashi, Town Attorney IQSSINGER & FELL TAN, P.C. • 3773 CInTy Creek North Drivc, Suite 900, Denver, C0 .80209 • (303) 320-000 • FAX: (M) 327-8d0 t 0 • Page 7 NO EMPLOYEE AFFIDAVIT To be completed only if Contractor has no employees 1. Check and complete one: ❑ I, am a sole proprietor doing business as I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Firestone (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR ❑ I, am the sole owner/member/shareho[der of a [specify type of entity — i.e., corporation, limited liability company], that does not currently employ any individuals, Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 1. Check one. ❑ I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items: ■ A valid Colorado driver's license or a Colorado identification card; ■ A United States military card or a military dependent's identification card; ■ A United States Coast Guard Merchant Mariner card; ■ A Native American tribal document, ■ In the case of a resident of another state, the driver's license or state -issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or ■ Anv other documents or combination of documents listed in the Town's "Acceptable Documents for.. Lawful Presence Verification" chart that prove both Contractor's citizenship/lawful presence and identity. OR ❑ 1 am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE') program, andprovide such verification to the Town. Signature Date XISSINGEP. & FELLMAN, Y.C. • 1773 Chmy Creek North Drive, Suite 9M, Denver, Ca 8020.9 • (303) 320.6100 • FAX; (303) 327-8601 Page 8 DEPARTMENT PROGRAM AFFIDAVIT To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program as a public contractor under contract with the Town of Firestone (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. 1 have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. 1 Fave not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement, Signature Date STATE OF COLORADO ) i )ss. . COUNTY OF ) The foregoing instrument was subscribed, sworn to (or affirmed) before me this —day of , 2020, by as of My commission expires: (S E A l-) Notary Public I ISSINGER & TELLMAN, P.C. 3773 Cheiry Creek North Drive, Suiie 900, Denver, CO 80209 • (303) 320-6100 • FAX: (303) 327-8601 Page 9 EXHIBIT a SCOPE OF SERVICES Contractors Duties and Deliverables During the term of this Agreement, Contractor shall perform the following duties, and deliver the following items as directed by the PQn: MSSINGER & FELLNMAN, P.C. ATTORNEYS AT LAW PTARMIGAN PLACE, SUITE 900 3773 CHERRY CREEK NORTH DRIVE DENVER, COLORADO 80209 RICHARD P. KISSINGER TELEPHONE: (303) 320-6100 BRANDON At. DITPMAN KENNETH S. FELL51AN FAX: (303) 327-8601 GABRI ELLE A. DALEY JONATHAN 61, ABRANISON mm.kandf com. JULIE NIKOLAEVSKAYA BOBBY G. RILEY PAUL D. GODEC, SPECIAL COUNSEL REPRESENTATION AGREEMENT The Town of Firestone, Colorado ("Client"), hereby employs the law firm of Kissinger & Fellman, P.C., ("the Firm") to provide legal counsel, advice and assistance in connection with cable franchise renewal negotiations with Comeast, and any other matters as may be authorized by Client from time to time. Legal fees and costs will be billed in accordance with the Billing Policies of the Firm set forth on this Representation Agreement which are part of this agreement and in accordance with the Scope of Work attached hereto as Exhibit A. It is understood and agreed that the firm's hourly rates may increase in the • future. The Firm's policy is to require from time to time an advance.fee deposit/retainer for services and fees from each client prior to beginning any new or additional. work on the client's matters. In this particular situation, an initial fee deposit/retainer of $0.00 has been agreed upon. This deposit/retainer will be placed in the Firm's :rust account and applicable disbursements will be made from the trust account to the Firm each month at the time of billing, to cover fees earned and expenses accrued. Client agrees to promptly make such subsequent deposits/retainers as the Firm may require from. time to time, BILLING POLICIES Our regular hourly charges for professional services of each attorney in the firm are as follows: Jonathan M. Abramson $350 per hour Kenneth S. Fellman $305 per hour* Brandon M. Dittman $205 per hour* Gabrielle A. Daley $165 per hour* Paul D. Godec $300 per hour Julie Nikolaevskaya $210 per hour Richard P. Iissinger $400 per hour Bobby G. Riley $280 per hour Paralegal/Law Clerk $ 90 per hour KISSINGER & FELLMAN, P.C. • 3773 Cherry Creek North Drive, Suite 900, Denver, CO 80209 - (303) 320-6100 • FAX: (303) 327-8601 • 0 * XSF rate reduced from $405; BAM rate reduced from $220; GAD rate reduced from $I75. Adjustments in the Firm's rates and charges do occur from time to time, and we endeavor to notify all our then active clients of any changes at the time they are to take place. Nonetheless we still encourage all client inquiries concerning the rates in effect at the beginning of each project and will provide an updated copy of these Billing Policies upon every request. If there are services which can be performed by our paralegals or law clerks, this time will be charged at $90 per hour. Billing will reflect all time expended on clients' matters, such as: office conferences, legal research, telephone calls, correspondence, travel time, drafting, count or hearing preparation and appearances, etc. Direct costs or expenses relating to clients' work (i.e., photocopies, postage, long distance telephone calls, mileage, parking, etc.) will be billed in addition to our hourly charges for professional services rendered. Billing will normally be between the 20th and the last day of the month covering the services and expenses incurred prior to the 20th of the eurrent month. On matters which are not ongoing, a final billing may be made at the conclusion of the matter. Our terms are payment in full within 30 days of the date of billing. If payment is not received timely, services and expense advances maybe discontinued by the firm until satisfactory arrangements can be made to reinstate any past due account. Interest shall accrue at the rate of 1.5% per month on all amounts overdue and unpaid. If collection efforts become necessary on any unpaid amounts, the client shall be responsible for costs and legal fees related thereto. DOCUMENTIFILE RETENTION POLICY When our engagement in this matter ends, at your written request, all materials/property you provided to us during the course of the representation will be returned to you. You agree that we have the right to make copies of all documents generated or received by us from any source during the course of our representation of you. When you request information from your file, the cost of transmitting original documents to you and/or the cost of providing you with copies of other documents will be charged to you. It is your responsibility to secure the return of any documents or property in the file. Following the conclusion of the matter, the client file may be converted to electronic format for storage. During the course of the representation, we may generate certain documents related to the matter (such as drafts, notes, internal memoranda, legal research, factual research, including investigative reports prepared by or for the internal use of lawyers on the case or in the firm, and administrative records) that will be retained by us (as opposed to being sent to you) or destroyed. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any documents or other materials that belong to the law firm within a reasonable time after our final bill for the matter is sent to you. KISSINGER & FELLMAN, P.C. Attorneys at Law BY: _ By: Kenneth S. Fellman Title: President Date: TOWN OF FIRESTONE, COLORADO Page 10 of 11 FIRESTONE EXHIBIT A Town of Firestone, Colorado Comeast Franchise Agreement Renewal SCOPE OF WORK Scope of the Project: Work with the Town of Firestone, Colorado to review, revise and negotiate a cable franchise afire cement renewal with Comeast. Rates: The local government discounted hourly rates charged by Kissinger & Fellman attorneys who will have responsibility for this project are: Ken Fellman at $305.00 per hour; Associate Brandon Dittman at $205.00 per hour; Associate Gabrielle Daley at $165 per hour. Hourly rates will not be increased during this project. The firm charges 20 cents per photocopy and telecopy, and actual charges for postage, overnight delivery, long distance, travel expenses, etc. One half of our hourly rate is charged for time in transit. The estimate provided below is calculated at a blended rate of $235 per hour, with the expectation that multiple attorneys in the firm will participate in the project. Legal Services to be Provided: Work to be performed will include the following elements: - Work with staff to identify key issues for franchise negotiations 2-3 hours - Prepare draft franchise agreement; internal communications with 5-8 hours staff regarding any issues with the draft; finalize the document for commencing negotiations - Attend negotiations sessions with staff and Corncast (anticipate 2-3 12-24 hours in person meetings and 2-3 meetings via conference call; each meeting, including pre- and post -meeting discussion with staff esd- mated at 3-4 hours) - Communications (preparation of memoranda, and appearance by 4-10 hours conference call or in person) with the Board of Trustees for (i) initial info on cable franchise process and issues; (ii) update on the progress of negotiations and (iii) adoption of final franchise (how many of these interactions with the Board is the Town's decision; at a minimum, you will probably want us there for the public hearing where the franchise is approved) - Miscellaneous franchise negotiation issues that may arise 3-5 hours TOTAL HOURS ESTIMATE: 26 — 50 hours @ $2351hr = $6,110 - $11,750 Page 11 of 11 FIRESTONE • EA RESOLUTION NO.20-30 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND FRED DIEHL CONSULTING LLC FOR THE COMCAST CABLE FRANCHISE RENEWAL WHEREAS, the Town of Firestone ("Town") is in need of telecommunication consulting services to represent the Town regarding renewal of the Town's Cable Franchise Agreement with Comcast; and WHEREAS, Fred Diehl Consulting LLC has the required experience and expertise to participate in negotiation sessions and provide the Town guidance regarding the Comcast Cable Franchise Renewal; and WHEREAS, Fred Diehl Consulting LLC is thus best suited to provide the telecommunication consulting services the Town requires for the Comcast Cable Franchise Renewal. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement for telecommunication consulting services for the Comcast Cable Franchise Renewal between the Town of Firestone and Fred Diehl Consulting LLC is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED thisUday of , 2020. ATTEST: �EST�NF F SGwN f 10 m SEAS �t fo UNT`t,•G�v TOWN OF FIRESTONE, COLORADO 'T" � dl& bbi Sid elar, Mayor APPROVED AS TO FORM: W�i Willia ayashi, Town Attorney • AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FCR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this day of , 2020 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 151 Grant Avenue, P.O. Box 100, Firestone, Colorado 80520 (the "Town"), and FRED DIEHL CONSULTING, LLC, an independent contractor with a principal place of business at 2225 Jewel Street Longmont, CO 80501 ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiericy of which are hereby acknowledged, the Parties agree as follows: SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference and known as: Comcast Cable Franchise Renewal. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. If. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay the Contractor an amount not to exceed $6,150.00. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and Page 1 of 9 FIRESTONE • expenses. Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt. y IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work except as expressly set forth in the Scope of Services. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any. and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. If the Town reuses or makes any modification to Consultant's designs, documents or work product without the prior written authorization of Consultant, the Town agrees, to the fullest extent permitted by law, to release the Consultant, its officers, directors, employees and sub -consultants from all claims and causes of action arising from such uses, and shaft indemnify and hold them harmless from all costs and expenses, including the cost of defense, related to claims and causes of action to the extent such costs and expenses arise from the Town's modification or reuse of the documents. The Town expressly acknowledges and agrees that the documents and data to be provided by Consultant under the Agreement may contain certain design details, features and concepts from the Consultant's own practice detail library, which collectively may form portions of the design for the Project, but which separately, are, and shall remain, the sole and exclusive property of Consultant. Nothing herein shall be construed as a limitation on the Consultant's right to re -use such component design details, features and concepts on other projects, in other contexts or for other clients. Page 2 of 9 FIRESTONE • VI, INDEPENDENT CONTRACTOR Contractor is an independent contractor, Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional iinsured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required :policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the . Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or • damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with Page 3 of 9 FIRESTONE 0 this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which.arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. B. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5- 102(8)(c). IX. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. iB. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program, 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. Page 4 of 9 FIRESTONE D. Duty to Comply with Investi atioris. Contractor shall comply with an reasonable request b pY Y q Y the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R,S, § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits, If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver -of any of the other terms or obligation of this Agreement. C. Inte ration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties, There are no intended third -party beneficiaries to this Agreement. E. Notice, Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent'pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment, Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, 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 or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J, Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall.in no way. limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. Page 5 of 9 FIRESTONE • ---- - - ... _ .. _ qq,,�� qq��.pp-1�,. i� j"��yy� . P1 . ��y�,,, n,,,a - Iq(� t-� {� A_ !� , py�,�`�� }�qy� . K. .•-filfNP911�Bu ' .,. I� 'tii+�pa �jwfthA LLieiX"X,g-Lfldtill'. hbOpldra0 Fl�$�l !+00, any �imansla.1 ObIg on :of , Tin it 0 Pe- wrm ��rin►� ��i�eait fi l r i� ��t to wud ;�. n ii n� i it oxde6d,bdly is � u� n r„ riated;'saha�il t c tsiat to m�i ahar �P clerk,+requ r , deb fiabft on # cukhfifik-W yet,, :Aq� fstgninU,ble and wa61S Mot L. Rm� , he or h Ito*Olmd.pnl has Qalceemcute ft Agreemenli p(dWITNE1 -, ?art h ry c bed l _Ag gn4�sof, EffedweD ' TO pow , F1R QNi COLORADO A. rh &A t 0 � !a 7 Ql AA J ,ATTE-ST: NV, AP TO FORM; -. w1mam P. �j Tin; 6om r N LIU.LT, I Pa9a1 bt 9 MorelftwL • DEPARTMENT PROGRAM AFFIDAVIT To be completed only if Contra:.tor participates in the Department of Labor Lawful Presence Verification Program as a public contractor under contract with the Town of Firestone (the "Town"), hereby affirm that; 1. 1 have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. 1 have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. 1 have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. Signature Date STATE OF COLORADO ) } ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to (or affirmed) before me this day of 2020, by as of . My commission expires: (SEAL) Notary Public • EXHIBIT A SCOPE OF SERVICES Contractor's Duties Fred Diehl Consulting, LLC 2225 Jewel Street Longmont, CO 80501 303-944-9273 freddiehl@msn.comi Town of Firestone Attention:Aaelynn Ferrera rferrera@firestoneco.gov: 151 Grant Avenue P.O. Box 100 Firestone, CO.80520 January 30, 2020 . Proposal for Services Comcast Cable Franchise Renewal Fred Diehl Consulting,'in its capacity as an Independent Contraetor, shall perform a variety of tasks related to the Cable Franchise Renewal with Comcast. Scope of Work: Comcast Franchise Renewal NeMbations Work with staff and telecom attorney to identify key issues (5 hrs.} Participate in negotiating sesslons with staff, attorney and; Comcast (12 -- 24 hrs.) Attend Firestone Board meetings as necessary (4-6 hrs.) Participate With CCUA'afid serve on.sub-committee addrestiQ FCC Cable Order and C_ CUA, model franchise'agreement (15'-20 hrs:) Misc. issues (4 - 5 hrs.) Total Hours Estimate: 40 to 60 hoofs @ $100/hr. Compensation for Services Consultant shall be compensated for services'based upon an hourly rate of $iao.00. Reimbursable materials and expenses shall not exceed $150.Oi7. Thank you, Fred Diehl Fred Diehl Consulting, LLC 303-944-9273 freddiehl@msn.com Page 1 of 1 Page 9 of 9 FIRESTONE 0) RESOLUTION NO.20-31 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND NEW IPT, INC., REGARDING THE ST. VRAIN WATER TREATMENT INJECTION WELL PROJECT WHEREAS, construction of the Town of Firestone's ("Town") St. Vrain Water Treatment Plant requires the design and construction of an injection well; and WHEREAS, the Town is thus in need of engineering services for the development of a drilling plan, on -site personnel to oversee, coordinate and direct drilling of the well and design of the injection pump facility, such duties referred to collectively as the St. Vrain Water Treatment Injection Well Project ("Project"); and WHEREAS, the Town requested proposals and selected New IPT, Inc., as the most qualified and responsive bidder to provide the required Project services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: . The Professional Services Agreement between the Town of Firestone and New IPT, Inc., for engineering services regarding the development, oversight, coordination of a drilling plan and facility design services for the St. Vrain Water Treatment Injection Well Project, is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this Ith day of March, 2020. ATTEST: Town Attorney TOWN OF FIRESTONE, COLORADO bi Sin ar, Mayor AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL. SERVICES (the "Agreement") Is made and entered into this 11th day of March, 2020 (the "Effective Date"), by and between the Town of Firestone, a Colorado municipal corporation with an address of 151 Grant Avenue, P.O. Box 100, Firestone, Colorado 80520 (the "Town"), and New IPT, Inc., an Independent contractor with a principal place of business at 1707 Cole Blvd., Suite 200, Golden, Colorado 80401 ("Contractor°) (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself -out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows; I. SCOPE OF SERVICES A. Contractor shall furnish all labor required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably • implied from the Scope of Services set forth in Exhibit A,.attached hereto and incorporated herein by this reference and known as; Schedule A). B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or Implied contract. Except as expressly provided herein, no. agent, employee,'or representative of the Town Is authorized to modify any term of this Agreement, either directly or Implied by a course of action. 11. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. Ill. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $362,000.00. This amount shall Include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt. IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be In accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work In the applicable community. The services to be performed by Contractor hereunder shall be done In compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any dghts.under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Because the Town has hired Contractor for Its professional expertise, Contractor agrees not to employ subcontractors to perform any work except as expressly set forth in the Scope of Services, V. OWNERSHIP Any materials, Items, and work specified in the Scope of Services, and any and all related . documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of Its right, title, and interest In such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. VI, INDEPENDENT CONTRACTOR Contractor Is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it Is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at Its own cost, a policy or policies of insurance sufficient to Insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the Insurance coverages listed below, with forms and Insurers acceptable to the Town. I.. Worker's Compensation insurance as required by law. 0 • 2. Commercial General Liability Insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall Include coverage for bodily Injury, broad form property damage, personal Injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severabiiity of interests provision, and shall Include the Town and the Town's officers, employees, and contractors as additional Insureds. No additional insured endorsement shall contain any exclusion for bodily Injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. B. Such insurance shall be in addition to any other Insurance requirements Imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any Insurance carried by the Town, its officers, its employees or Its contractors shall be excess and not contributory Insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall Identify this Agreement. Vill. INDEMNIFICATION A. Contractor agrees to Indemnify and hold harmless the Town and Its officers, Insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are In any manner connected with this Agreement if such injury, loss, or damage is caused in whole or In part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor.or of any employee of any subcontractor of Contractor. Contractor's liability under this Indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor; or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor, B. if Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c). C. Town to the extent permitted by law, agrees to indemnify and hold harmless Contractor and Its officers, Insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liabilily, damages, losses, expenses and demands, Including attorney fees, on account of Injury, loss, or damage, Including without limitation claims arising from bodily Injury, personal Injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such Injury, loss, or damage Is caused In whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Town, any subcontractor of Town, or any officer, employee, representative, or agent of Town, or which arise out of a worker's compensation claim of any employee of Town or of any employee of any subcontractor of Town. Town's liability under this Indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Town, any subcontractor of Town, or any officer, employee, representative, or agent of Town or of any subcontractor of Town. D. Notwithstanding any other provision In this agreement, Town to the extent permitted by law, agrees to defend, Indemnify, hold harmless and release Contractor from and against all losses arising from or related to (I) damage to or Impairment of a well or reservoir, regardless of fault, or (14 the well site or operations thereon, Including any pollution or discharges, spills, releases or the presence of wastes, petroleum or petroleum products (including crude all or any fraction thereof), hazardous substances, pollutants and/or contaminants on, In, under, or from any property or equipment owned, operated, leased or provided by any member of company group, Including, without limitation, any such losses arising out of, resulting from or alleged to have resulted from any drilling, extraction, hydraulic fracturing or other well -related activities, regardless of fault. E. Consequential damages. Neither party shall be liable to the other, and each party hereby waives and releases all claims against the other, for general, special, punitive, exemplary, Indirect, Incidental or consequential damages arising from or out of this agreement, including without Ilmitatlon, loss of revenue, profit or use of capital, business Interruptions, production delays, loss of product, resevoir loss or damage, losses resulting from failure to meet other contractual commitments or deadlines, and downtime of facilities, however same may be caused. IX. ILLEGAL ALIENS A. Certification. By entering Into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an Illegal alien who will perform work under this Agreement and that Contractor will participate In either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of tabor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not knowingly employ or contract with an Illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that falls to certify to Contractor that the subcontractor shall not knowingly employ or contractwith an Illegal alien to perform work under this Agreement, C. Verification, 0 • 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation In either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre -employment screening of Job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor Is employing or contracting with an Illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor If within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the Illegal alien who Is performing work under this Agreement; except that Contractor shall not terminate the subcontract If during such 3 days the subcontractor provides Information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who Is performing work under this Agreement. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an Investigation . conducted pursuant to C.R.S. § 8-17,5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit° attached hereto. X. MISCELLANEOIIS A. Governing Law and Venue, This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. B. No Waiver, Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration, This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications, D. Third Parties. There are no Intended third -party beneficiaries to this Agreement. E, XgficLe. Any notice under this Agreement shall be In writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. F. Severab lit , If any provision of this Agreement Is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain In full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Asslunment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental lm unit . The Town and its officers; attorneys and employees, 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 or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and Its officers, attorneys or employees. J. Bights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Towns legal or equitable remedies, or the period In which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year Is • subject to annual appropriation, shall extend only to monles currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year, L. Representative Authority. Each.person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute the Agreement. IN WITNESS WHEREOF, :the Parties have executed this Agreement as of the Effective Date. `R STOti� My WN OF FIRESTONE, COLORADO ATTEST: i v iig, Town Clerk AS TO FOR yashi, Town Attorney • ul , Mayor IPT By: Managing Director, Brian Ervine NO EMPLOYEE AFFIDAVIT To be completed only If Contractor has no employees 1. Check and complete one; ❑ I, am a sole proprietor doing business as I do not currently employ any Individuals, Should I employ any employees during the term of my Agreement with the Town of Firestone (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR ❑ I, am the sole ownertmemberlshareholder of .8 1 [specify type of entity — i.e., corporation, limited liability company], that does not currently employ any Individuals, Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined In that Agreement. 2, Check one, ❑ I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items; ■ A valid Colorado driver's license or a Colorado Identification card; ■ A United States military card or a military dependent's Identification card; ■ A United States Coast Guard Merchant Mariner card; ■ A Native American tribal document, ■ In the case of a resident of another state, the driver's license or state -issued Identification card from the state of residence, If that state requires the applicant to prove lawful presence prior to the Issuance of the Identification card; or ■ Any other documents or combination of documents listed In the Town's "Acceptable Documents for Lawful Presence Verification" chart that prove both Contractor's ciiizenshiphawfulpresence and Identity. OR ❑ I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Allen Verification of Entitlement CSAVE") program, and provide such verification to the Town. Signature Date DEPARTMENT PROGRAM AFFIDAVIT To be completed onlyff Contractorpatflelpates In the Department of Labor Lawful Presence Vedflcatlon Program as a public contractor under contract with the Town of Firestone (the "Town"), hereby affirm that; 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. 1 have retained or will retain file copies of all documents required by 8 U.S.C. § 1 324a, which verify the employment eliglbility and identity of newly hired employees who perform work under this Agreement; and . 3. 1 have not and will not alter or falsify the Identification documents for my newly hired employees who perform work under this Agreement. Signature Date STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to (or affirmed) before me this day of 2020, by as of My commission expires: (S E A L) Notary Public • EXHIBIT A SCOPE OF SERVICES Contractor's Duties During the term of this Agreement, Contractor shall perform the following duties, as directed by the Town; • Schedule A Contractor's Dellverables In performance of the duties described above, Contractor shall deliver the following Items to the Town, during the timeframes established by the Town; * As described in Schedule A Works Orders 2020-01 through 2020-05 0 SCHEDULE A (Attached to and made part of the Agreement between Town of Firestone and New IPT, Inc. dated March 11, 2020) IPT Project Name: Town of Firestone SWD #1, Task: Drilling Engineering (Work Order 2020-01) $175,000 in the 2020 budget Work Order 2020-1 is for the development of a detailed drilling plan, management of drilling logistics, and subsequent analysis as follows: Subpart 01: Development of a well Basis of Design (BOD) including offset well and bit analysis, expected days -vs -depth curve, detailed casing and cementing design, recommended vendor determination, expected performance analysis, determination of quality objectives, and determination of contractor key performance indicators (KPIs). This subpart also includes an authority -for -expenditure (AFE) and client meeting. Subpart 02: Drilling Engineering including issuance of request for quotes (RFQs), evaluation, and award. Additionally, this subpart includes review of any special issues arising during drilling. Subpart 03: Drilling Engineering Detailed Drilling Plan with operational procedures including detailed drilling fluids, cementing, bit program, emergency response plan, and wellhead and operational' checklists. This subpart includes all documentation required for onsite operations. Subpart 04: Drill the Well on Paper (DWOP) meeting including all relevant contractors and the client, held approximately two weeks prior to moving in the drilling rig. Subpart 05: Onsite Prespud Meeting, held on location just prior to spud. Subpart 05: Drilling Engineering End of Well Reports which includes consolidation of all reports and logs subsequent to drilling, an as -built wellbore diagram, performance assessment of objectives, and KPIs. This subpart includes a client meeting to review. The budget for 2020-01 is $175,000 and is estimated to be incurred over the period from September 2020 through December 2020. The project will be billed twice a month beginning in September . through December in $21,875 installments. IPT Project Name. Town of Firestone SWD #1, Task: Drilling and Completions Operations Management (Work Order 2020-02) $4,000 in the 2020 budget Work Order 2020-02 is for drilling and completions operations management including daily field support, morning calls, and operations engineering support. The budget for 2020-02 is $4,000 to be billed as a lump sum when the well is spudded. The spud date is anticipated to be in November 2020. 0 IPT Project Name: Town of Firestone SWD 91, Task: Completion Engineering (Work Order 2020-03) $15,000 in the 2020 budget Work Order number 2020-03 is for completions engineering work including development of completion programs, issuance of RFQs, evaluation and award, end of well report and as -built wellbore diagram. The budget for 2020-03 is $15,000 to be billed as a lump sum prior to the start of well completion operations. This project is anticipated to be completed by December 31, 2020. IPT Project Name: Town of Firestone SWD #1, Task: Drilling Wellsite Supervision (Work Order 2020-04) $78,000 in the 2020 budget Work Order 2020-04 is for drilling wellsite supervision with two on -site personnel to oversee, coordinate, and direct activities during the drilling of the well. The budget for 2020-04 is $78,000 to be billed at $3,900 per day. This project is anticipated to commence in November 2020 and be completed by the end of December 2020 and will be invoiced every two weeks. IPT Project Name: Town of Firestone SWD #1, Task: Injection Facility Design (Work Order 41 2020-05) $90,000 in the 2020 budget Work Order 2020-05 is for the injection pump facility design including design, RFQs, bid analysis, award,'and final construction documents. This also includes costs of obtaining grading, excavating and stormwater plans necessary to obtain the relevant permits. The budget for 2020-05 is $90,000 to be billed at $22.5 per hour. This project will commence in March 2020 and go through December 2020 and will be invoiced every two weeks. The additional work orders below are for fiscal year 2021 and will require separate approval by the Town of Firestone Board of Trustees. IPT Project Name: Town of Firestone SWD #1, Task: Facilities Commissioning (Work Order 2021-01) $5,000 in the 2021 budget Work Order 2021-01 is for engineering and field supervision necessary to monitor installation and commissioning of the injection pump facility. The budget for 2021-01 is $5,000 to be billed at $225 per hour. This project will be delivered during 2021 and invoiced every two weeks. IPT Project Name: Town of Firestone SWD #1, Task: Completion Supervision (Work Order 2021-02) $40,000 in the 2021 budget Work Order 2021-02 is for completions supervision with on -site personnel to oversee, coordinate and direct activities during the well completion. The budgel for 2021-02 is $40,000 to be billed at $2,000 per day. This project is anticipated to commence in January 2021 and complete in May 2021 and will be invoiced every two weeks. • R® CERTIFICATE OF LIABILITY INSURANCE DATEIMMJDDIYYYY, 3/1/2021 1 3/10/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT 8110E Union Avenue PHONE FAX AIC No : Suite 700 E-MAtL Denver CO 80237 ADDRESS: (303) 414-6000 INSURERS AFFORDING COVERAGE NAIC # INSURED New 1PT,1nC INSURER B -Liberty 1nsu I1C a 42404 1337799 1707 Cole Boulevard, Suite 200 INSURER C. Indian Harbor insurance Company 36940 Golden, CO 80401 lNsuRER D : Lloyd's of London 38253 INSURER E : INSURER F . COVERAGES CERTIFICATE NUMBER: 16638179 REVISION NUMBER: xxxXXxX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED A13OVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILSR TYPE OF INSUrtANCE DDL SU13R POLICY NUMBER POLICY EFF IMWODAIYM POLICY EXP 11AM04"MLIMITS C X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE R OCCUR Y N U504083117L120A 3/1/2020 31]l2021 EACH OCCURRENCE $ 1 000 000 DAMAGETUR PREMISES Eo='Icei $ 50,000 X MED EXP An oneperson) $ $ 000 Deductible $50,000 X Cont Poll Lmt $1M PERSONAL a ADV INJURY $ 1,000,000 GENLAGGREGATE LIMIT APPLIES PER= GENERAL AGGREGATE $ 2 00O 000 X POLICY JRO- LOC PRODUCTS-COMPIOPAGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY N N AS2641445429020 3/1/2020 3/1/2021 �e B�deMSINGLE LIMIT S 1 000 000 BODILY INJURY (Parperean) $ X7�XXXj X X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ xxxxxxx PROPERTY DAMAGE Per ecddeni $ xxxxxXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ xxxxxXX C UMBRELLA LIA13 X OCCUR N N US00083118L20A 3/l/2020 3/1/2021 EACH OCCURRENCE $ 7,000,000 AGGREGATE $ 7,000,000 X EXCESS LIAR CLAIMS -MADE QED I RETENTION$ $ XXXXXXX B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY FOFFICERIMEM PROPRIETOERPEXCLUDEp7XECUTIVE ] (Myaendatory In NH) NIAARTNE N WC7641445429010 3/1/2020 3/1/2021 X PEA T ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE --EA EMPLOYEE $ 1,000,000 DESCRIPTIONe under OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Prof Liab/Claims Made N N B0621P1NTE008120 3/1/2020 3/l/2021 $1,000,000 Per Claim $2,000,000 Agg DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached It mare space is required) Town of Firestone, its officers, its employees and contractors are included as Additional Insured as respects General Liability if required by written contract. Where allowed by law and if required by written contract, General Liability insurance is primary and non-contributory subject to the terms and conditions of the policies carved. Professional Liability (various retroactive dates)- Limits below $1 MM have a retro date of 12/3111999 and Limits above $1MM has a retro date of311/2011. 16638179 Town of Firestone 151 Grant Avenue PO Box 100 Firestone, CO 80520 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL DE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHDRRED rinhts reserved • • ACORD 25 (2016103) The ACORD dame and logo are registered marks of ACORD RESOLUTION NO.20-32 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND INFRASTRUCTURE MANAGEMENT SERVICES FOR PAVEMENT DATA COLLECTION SERVICES WHEREAS, pavement data collection services are essential for municipalities in maintaining infrastructure and planning for growth and capital improvement projects; and WHEREAS, the Town of Firestone ("Town") last had a pavement management index done in 2014 and is in need of an update; and WHEREAS, Infrastructure Management Services ("IMS") is a nationally recognized leader in the field of pavement data collection services and has the skill and expertise to provide such services to the Town; and WHEREAS, in addition to performing a pavement management index through the use of automated data collection vehicles that employ HD imagery, IMS can also use such technology to perform a right-of-way asset inventory for the Town; and WHEREAS, the assembled data can be presented to the Town in an Xcel spreadsheet called Easy Street Analysis that sets forth a multi -year maintenance and rehabilitation plan, which considers cost benefit techniques that best meets the Town's goals, needs and resources. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Pavement Data Collection Services Agreement between the Town of Firestone and Infrastructure Management Services for pavement data collection services is approved in the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 11th day of March, 2020. �O id ATTEST: cOLiNY , 0 ffica-Vo-enii, Town ,TQWN OF FIRESTONE, COLORADO qdobbi Si elar, Mayor 4aPRD AS TO FORM: Hayashi, Town Attorney 0 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL_ SERVICES (the "Agreement") Is made and entered Into this day of . ar , 2020 (the "Effective Date"), by and between the Town of Firestone, a Colorado municipal corporation with an address of 151 Grant Avenue, P.O. Box 100, Firestone, Colorado 80520 (the "Town"), and Infrastructure Management Services, an independent contractor with a principal place of business at 1820 W. Drake Drive Suite 104 Tempe, Arizona 85283 ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall famish all labor and materials required for the complete and prompt execution and performanceof all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference and known as: Project Name (Number). B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this . Agreement. if Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall comrhence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice, The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set- off available at law and equity. Ill. COMPENSATION in consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $67,166.00. This amount shall Includa all fees, costs and expenses Incurred by Contractor, and. no additional amounts shall be paid. by the Town for such fees, costs and expenses. Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt. I i I Page I of 9 FIRESTONE U U L U R A 11 U • IV, PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses In good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractot hereunder shall be done In compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Because the Town has hired Contractor for its professional expertise. Contractor agrees not to employ subcontractors to perform any work except as expressly set forth in the Scope of Services. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire;' Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such • work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. VI. INDEPENDENT CONTRACTOR Contractor Is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of Insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shah cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily Injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, Page 2of9 FIRESTONE employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. Vllt. INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage; or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or In part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this Indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. _ B. If Contractor Is providing architectural, engineering, surveying or other design "services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c). IX. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are.newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not knowingly employ or contract with an Illegal alien to perform work. under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Page 3 of 9 FIRESTONE • C. Verification. 1: If Contractor has employees, Contractorbas confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program, 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work underthis Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. D. Duty to Comply with Investigations Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-1 a2(5)(a) to ensure that Contractor is complying with the terms of this Agreement. • E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit' attached hereto, X. MISCIELLANEOUS A. Governing _Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement, C. Inte ration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. F. Severabilit . If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. Page 4 of 9 FIRESTONE • G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Ass_ ignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the. written consent of the other. 1. Governmental ImMunity. The Town and its officers, attorneys and employees, 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 or protections provided by the Colorado Governmental Immunity ;Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees, J. Rights and Remedies. The rights and remedies.of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall. in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K Subject to Annual Appropriation. Consistent with Article X, § 2O of the Colorado Constitution, any financial obligation of the Town not'performed during the Wtreht fiscal year Is subject to annual apprdo iation,'shall extend only to monies currentiy appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. L. Representative Authority: Each person signing_ this Agreement represents and warrants that he or she - is duly authorized and has the legal capacity 'to execute the Agreement. • iPage 5 or 9 r FIRESTONE f i. i r IN WITNESS WHEREOF, the Patties have executed this Agreement as of the Effective Date. oN� N OF FIRESTONE, COLORADO 4�JA o IIl Bohbi Sindelar, Mayor 'h. G ATTEST: N`t J si Koenig, Town Clerk A R Q S TO FORM: William shi, Town Attorney NO EMPLOYEE AFFIDAVIT To be completed only if Contractor has no employees 1. Check and complete one: ❑ I, am a sole proprietor doing business as I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Firestone (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR ❑ L. am the sole ownerimemberlshareholder of a [specify type of entity -- i.e., corporation, limited liability company), that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the Iawful presence verification requirements outlined in that Agreement. 2. Check one. ❑ I am a United States citlzen or legal permanent resident. The Town must verify this statement by reviewing one of the following items: A valid Colorado driver's license or a Colorado identification card; . ■ A United States military card or a military dependent's identification card; ■ A United States Coast Guard Merchant Mariner card; ■ A Native American tribal document; In the case of a resident of another state, the driver's license or state -issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the lder iffication card; or ■ .Any other documents or combination of documents listed in the Town's °Acceptable Documents for Lawful Presence Verification" chart that prove both Contractor's citizenship/lawful presence and identify. OR ❑ I am otherwlse lawfully present In the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVES program, and provide such verificetion to the Town. Signature. Rate Page 7 of 9 FIRESTONE To be completed only if Contractor participates in the Department of labor Lawful Presence Verification Program I, , as a public contractor under contract with the Town of Firestone (the "Town"), hereby affirm that: 1, l have examined or will :examine the legal work status of -all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2, l have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. 1 have not and will not aiter or falsify the Identification documents for.my newly hired employees who perform work under this Agreement. Signature Date . STATE OF COLORADO } ) ss. COUNTY OF } The foregoing instrument was subscribed, sworn to (or affirmed) before me this day of 2019, by as of My commission expires: (SEAL} Notary Public Page B of 9 i E FIRESTONE 1. EM181T A SCOPE OF SERVICES Contractor's Duties P During the term of this Agreement, Contractor sha11 erform the fallowing duties, as directed by the Town: ® Schedule A -:Scope of Services Contractor's Deliverables Its performance of the duties described above, Contractor shall deliver the following items to the Town, during the timeframes established by the Tdwn: Tasks 1 through 9 and 15, 15a., 15b., 15d., and 15e. • Page 9 of 9 ` FIRESTONE 0 Infrastructure Management Services Attachment A: Scope Ms.Dr eDWreA.104. empServices I$10 W. DraNe t7r, Ste. iO4.Tempe,pZ83283 Phone: (480)030.4347 Fxx:(980)894.4348 of Services inm m irnimn inoni.omnuu To: Julie Pasillas, Director of Public Works Date: March 6, 2020 From: Jeff Myers, MSA, Client Services Manager Project: City of Firestone, CO Subject: 2020 Pavement Data Collection Project No.: NIA Thank you for taking the time to review the pavement and asset data collection services offered by IMS Infrastructure Management Services. IMS excels in pavement and asset management solutions and can provide a full suite of data collection and software services. As we understand, the City of Firestone currently maintains approximately 70 centerline miles of roadway and intends on continuing to use the ESA interactive spreadsheet for pavement management. IMS has performed objective pavement data collection for the City of Firestone, and others in the Region, including Aurora, Denver, Grand Junction, Parker, Northglen, and others. To ensure adequate coverage across the network, the RST will surrey the arterial and collector roadways in each direction while testing the residential roadways in a single direction, resulting in a survey mileage of approximately 94 miles. The data will be collected following the industry standard ASTM D6433 data collection protocols and longitudinal profile will be reported as the International Roughness Index (IRI). The IMS scope of services includes the acquisition of objective surface condition data network wide, HD digital imagery, pavement analysis modeling, an update of the Easy Street Analysis (ESA) spreadsheet, and development of a comprehensive 5-year rehabilitation plan that maximizes City resources through the use of cost benefit practices. Our approach, and key service differentiator, is based on three, time proven fundamentals: Answer the questions that are being asked — don't over -engineer the system or make it needlessly complicated. Databases and the application of technology are meant to simplify asset management, not make it more difficult. Service and quality are paramount to success — the right blend of technically correct data, condition rating, and reporting will provide the agency with a long-term, stable solution. Service to the client remains our top priority. Local control and communications are key — it is important that all stakeholders understand the impacts of their decisions and have the system outputs react accordingly. We excel in making ourselves readily available. ' ma Firrslorre Draftrev2 page j • • • Firestone, CO 2020 Pavement Data Collection Data Collection IMS is unique to the industry, as an objective and repeatable data collection effort will be completed. The LCMS2 RST will be used to perform a surface condition assessment of all City streets. Instead of using the subjective feet on ground or windshield sampling method, all data will be collected continuously and recorded in 15-foot intervals in the form of a detailed database complete with GPS coordinates. The data will also be aggregated to the section level, following the sectioning and referencing methodology determined after IMS and City review. GIS and Pavement Management Linkage The role of GIS in pavement management cannot be overstated. It is a powerful tool that provides the capability to handle and present vast amounts of data in an efficient manner. IMS can provide a link between the City's GIS environment and the pavement management data to enable the City to display and generate color -coded maps based upon existing pavement conditions, street rehabilitation plans or most of the data in the pavement management program. An output of a 5-year maintenance prioritization program is illustrated in the adjacent image. Digital Imagery & ROW Asset Inventories The LCMS2 RST utilizes up to four GPS-referenced HD camera views (4112x3008) for our QAIQC program, FLOW asset inventory development, virtual drives, and/or other supplemental image deliverables. For the City of Firestone, IMS will utilize two HD cameras that will be proofed out prior to data collection and a single forward view can be processed as a deliverable to the City. IMS can then utilize the HD imagery collected by the LCMS2 RST to inventory many Right of Way assets that the City maintains. gI e Firestone Dt ap ren2 Page 2 • Firestone, CO 2020 Pavement Data Collection • Objective Distress Identification & Quantification (ASTM D6433) The IMS Laser Crack Measurement System (LCMS2) is one of the most technologically advanced devices available for pavement performance assessments. The 2-sensor array completes a 3D millimeter -level scanning of the pavement surfaces that pass below the laser array. With a high-speed 1-millimeter resolution, this means the LCMS2 device deploys a continuous scan of laser points (approximately 3,657) across a mere 12 feet of pavement, making it one of the highest resolution pavement laser scanners available. The onboard processing software further amplifies its capabilities by analyzing pavement elevation (range and intensity) and automatically identifying cracking, rutting, roughness in the form of IRI, potholes, and bleeding. While any engineering firm could deploy the LCMS2 equipment for data collection, processing the information for distress quantification requires a complete understanding of automated technologies, GIS mapping, and distress measurement protocols found in standards such as ASTM D6433. Simply reviewing the LCMS cracking vectors (colored cracks) with the human eye dilutes the objectivity of the equipment. IMS engineers and technologists have developed a computerized processing application that automatically applies an 18"x18" grid to the LCMS downward images (F1S files) and uses pre-programmed geometric algorithms to classify and quantity distresses by type: These automated processing routines result in an unparalleled level of objectivity and efficiency in distress pattern recognition analysis. The image above illustrates the quantity of several distresses as well as the presence of a manhole, which was automatically scrubbed from the dataset. In addition to the auto -quantification and classification of ASTM D6433 distresses, the LCMS2 device also operates as a Class I profile device that collects longitudinal profile (in the form of the International Roughness Index) and transverse profile (rutting) using advanced 3D profile laser scanning technology. The system is not subject to vehicle wander like other automated technologies; and it compensates for variation in driver ability. The adjacent images show the processing software's ability to calculate rutting width and depth following the AASHTO Taut Wire methodology. The solid white lines indicate there was no rutting in the left wheel path and that rutting was detected and measured in the right wheel path. Filters can also be applied to account for rehabilitation activity overlap, which can be as much as a inch depending on the application. ' ms Firestone Orafi rev2 Page 3 Firestone, CO 2020 Pavement Data Collection Cracking, Faulting, Texture, Bleeding, & Potholes — The LCMS2 allows IMS to conduct an objective distress survey, thus increasing the accuracy of an otherwise subjective manual survey. High-speed lasers and an onboard processing computer accurately measure the surface profile of the road. Included in this profile are all cracks and faults as small as 1l8" (2 mm) wide that pass beneath the lasers. Processing software then reduces and filters this information to determine the total numberofcracks, crack width/depth, as well as the crack interval, plus faulting information. From this information, quantified crack data can be determined at both the sample and summary intervals. Crack identification includes all cracking such as alligator, transverse, longitudinal, map, and edge cracking (where applicable). The LCMS2 device is also capable of automatically collecting, identifying, and reporting supplemental distresses such as bleeding and potholes on asphalt roadways. Rutting — The LCMS device collects continuous 3D transverse profile data at 1-millimeter resolution at highway speed. This configuration is far superior to other types of vehicles that utilize three lasers or sonic transducers to calculate "relative rutting." Even five sensor units are sensitive to driver error since it is essential in that case that the driver keep the data collection vehicle's wheel exactly in the rutted wheel tracks (assuming that they fit). The Taut Wire method is used to calculate the rut depth in both the right and left wheel track on a continuous basis. Either the right or deeper of the two -wheel path ruts may be used for rut depth calculations with the average rut depth for that wheel path reported for each section. Rut depth results, quantified by 3-4 severity thresholds (with break points at user -defined levels such as 0.25, 0.50 and 0.65 inches) and percentage of . section will be provided for every segment. Roughness — International Roughness Index (IRI) data is calculated in real time from continuous longitudinal profile data collected by the LCMS2's 3D profile device. To determine the road profile, data is simultaneously obtained from three devices: a pulse transducer -based distance -measuring instrument (DMI), high-speed 3D laser sensors operating at 112 MHz, and an accelerometer in conformance with ASTM E 950. The LCMS2 unit conforms to a Class I profiling device, and it can also "pause" over non -valid roadway sections such as localized maintenance activities, railroad crossings, or brick inlays and not affect the overall IRI value. Distortions, Raveling, Patching, & Other Custom Attributes — While the LCMS automatically collects the majority of ASTM D6433 distresses, the LCMS platform can be configured to collect the remaining distresses (raveling, distortions, and patching) using the integrated touchscreen.. By means of a touchscreen-based tablet computer, highly trained IMS technicians input changes in observed distress severities and extents or identify specific roadway assets or attributes such as curb reveal or lip of gutter information. The touchscreen is integrated into the data flow through time code, GPS, DMI distance and inventory control. The data is then post -processed in the office to generate extent quantities for each observed distress severity level . throughout every surveyed road section. 'mm FiresloneDrafrre%,2 Page 4 Firestone, CO 2020 Pavement Data Collection PCI Development, Analysis Configuration & Multi -Year Plan Immediately following the completion of the field survey's IMS will begin processing the pavement distress severity and extent scores in an effort to develop a Pavement Condition Index (PCI) for each roadway segment. The condition results are analyzed by a team of EMS engineers, who then develop the City's multi -year pavement management plan. This section provides a brief summary of the functionality of the IMS pavement analysis in order to emphasize our implementation expertise as well as the abilities and constraints within a pavement analysis. The purpose of pavement management is to produce cost effective maintenance programs that maximize available resources and roadway life. By incorporating key components of a cost benefit analysis into the analysis operating parameters, we can develop a game plan that is optimized to meet the needs of the City of Firestone. In addition, the analysis operating parameters described within this section will be delivered in an easy to use Interactive Excel Spreadsheet (ESA) including the segment PCI data, pavement deterioration curves, triggers (priority weighting factors), and the prioritized multi -year rehabilitation plan. Everything is linked to GIS in the form of simple shape files or even a personal geodatabase. Field Inspection Data and Pavement Condition Index (PC1) The IMS analysis allows you to store information regarding your pavements, including surface types, number of lanes, patching estimates, cross slopes, and sidewalk & curb types with replacement estimates. Pavement condition data including surface distress, roughness, and deflection results can be stored and analyzed. Using an in-house Pavement Manager Setup module, we can develop customized condition elements, distress types (load & non -load), Indices (SDI, Rl, & SI), weightings, and overall PCI calculations. In addition to the yearly programs, the net impact each budget scenario has on the expected condition of the road network over time can be determined. This budget impact can be illustrated both in terms of the yearly increase or decrease in the average network PCI score, PCI distribution, or % Backlog of roads that were not selected by the budgets. IMS converts the difficult to understand FHWA and ASTM D6433 data to a 0-10 distress rating scale with distress weighted factors (DWF), where DWI= = (Area under D6433 deduct curves13000). Modeling and Performance Curves With an IMS analysis, you can forecast various budget scenarios to help you determine your ideal maintenance and rehabilitation schedule. The IMS approach will help you decide what rehab activities should be performed, when and where to perform them, and an ideal budget for your system to maintain it at a specific level of service. IMS engineers use pavement deterioration models that can be customized to reflect the climatic conditions and structural characteristics of the Firestone road network. 9Nn �ro gym. �. mm O 17 70 � W 'A M TO (law rfeuf� ma As a result, performance curves can be developed on factors such as functional class, pavement type and sub -grade strength. Firestone Draft rep°2 Page 5 As a result, performance curves can be developed on factors such as functional class, pavement type and sub -grade strength. Firestone Draft rep°2 Page 5 Firestone, CO is2020 Pavement Data Collection Rehabilitation Analysis An unlimited number of pavement maintenance and rehabilitation strategies can be defined within our system. An analysis is then run, incorporating the performance curves, set points, filter criteria and rehab alternatives to identify the overall need in terms of rehab strategies and costs for the City's road network, for today as well as year on year for the next 5 to 10 years. The IM5 approach allows you to input any number of "what if" budget scenarios and produce prioritized yearly rehab programs City of Broken Arrow, OK PoitRehab Pavemen[CandlUanWax {PCpvereus_ Annual Budget F� g IIA��FM� M��r M,n -aar,.n ra•a,di.,•n based on those funding levels over a 10- year analysis period. Typical budget scenarios include Budget $/Year, Unlimited Budget $, "Do Nothing" Budget, and a Target PCI Budget. What is included in an IMS analysis & report? • Street ownership and inventory/attribute report • Present condition ranking — detailed and summary condition data including; Good/Fair/Poor, Load Associated Distresses (LAD), Non -LAD, and Project reviews of each street in the network, as well as the network as a whole. Fix all budget analysis — this identifies the upper limit of spending by rehabilitating all streets assuming unlimited funding. Do nothing analysis — this identifies the effects of not performing roadway rehabilitation projects. Steady state rehabilitation life cycle analysis -- this identifies the minimum amount of rehabilitation that must be completed in order to maintain the existing level of service over 3, 5, or 10 years. • PC/ & funding levels -- what funding will be necessary to maintain a PC] of 75, 80, & 85. • Plus or minus 50% and other additional runs — additional budget runs are completed at rates of +50% and -50% of the suggested steady state analysis. Up to 10 budget scenarios will be run. Integration of capital projects and Master Plans -- ongoing and proposed projects that affect roadway rehabilitation planning will be incorporated into the analysis. • Draft multi -year rehabilitation and prioritized paving plans — based on need, available budget and level of service constraints; a minimum of three budget runs will be completed. Final prioritized paving plan — incorporating feedback from stakeholder departments and utilities, complete with budget and level of service constraints. ' ma Firestone Draft rev2 Page 6 Firestone, CO 2020 Pavement Data Collection GIS Integration & Mapping The role of GIS in asset management cannot be overstated. It is a powerful tool that provides the ability to handle and present vast amounts of data in an efficient manner. Not only does GIS allow an agency to visually plot textural data, it also establishes an easy access portal to the data through an efficient integration with many 3rd party asset management applications. IMS kicks off every project by completing a brief review of the agency's GIS environment to assess suitability for network referencing, survey map preparation, and pavement management purposes. Our team will consume the City's existing GIS files and use the GIS as the basis for developing the network segmentation on a logical block - to -block or intersection -to -intersection basis. If the City retains an existing pavement inventory linked to an asset management system, no changes will be made unless approved by City staff. The data collected by IMS is linked to the existing GIS environment and is supplied as a personal geodatabase, spatial database engine, Auto CAD files, or a series of shape files. IMS collects XY coordinates for all data elements using GPS technology coupled with inertial navigation and integrates with most 31d party GIS applications, including ESRI. A 3 ' `ir r ' -- ' 66ken Arrow. J- hi - At a minimum, the GIS supplied by the City should have an ownership attribute, functional classifications, contiguous line work, and be in a digital format such as shape files and/or personal/file geodatabases. As a supplemental task, IMS also offers full service "GIS Clean -Up" and."Functional Class Review" activities for agencies that require additional GIS development above and beyond standard network referencing activities, IMS can also compare the existing roadway inventory within any current asset management system to the City's GIS environment. If they do not match and a one-to-one relationship is required, IMS has the team available to develop the correct referencing information. This remains an optional activity to be conducted at the discretion of City staff. For this assignment, GIS will be used in four key areas of work: 1. GIS will be used to verify the streets to be surveyed and to create the routing maps for use during the field surveys. 2. The survey productivity will be tracked through the plotting of the GPS data collected during the field surveys. This will allow IMS to review all streets that have been covered, identify anomalies in the referencing, and spot missed streets. 3. GIS will be used in processing the distress and inventory data. By plotting the data, we can QA the data and identify data exceptions in addition to proofing out the GIS. 4. Personal geodatabases, spatial database engines, shape and/or KML files, can be created for the visual presentation of condition data and analysis results. 'RAN Firestone Drop rev2 Page 7 Firestone, CO 2020 Pavement Data Collection Easy Street Analysis Spreadsheet It is imperative that City staff have direct access to the pavement condition and analysis results without having to become software experts. While the results of the survey will certainly be documented and bound into a final report that illustrates the findings of the survey, those results will remain static. To provide interactive results that enhance our final report, we have engineered a simple and easy -to -use Excel spreadsheet called Easy Street Analysis (ESA). ESA utilizes the core metrics of any great pavement management system, such as the ability to prioritize and optimize the multi -year plans, and ESA can be consulted independently or integrated into third -party pavement management applications. With ESA, we can introduce IRI, structural integrity, logical projects, custom Priority Weighting Factors (PWF), and cost - benefit techniques. ESA will be programmed to develop a multi -year maintenance and rehabilitation plan using "cost of deferral" as a rehabilitation candidate selection constraint in an effort to introduce cost -benefit techniques into the City's Pavement Management Plan. In addition, ESA will have referenced deterioration curves for each functional classification, pavement type, and even pavement strength rating. Storing the data in this open architecture empowers the City to utilize third -party software in the future if desired. ESA will also contain a full suite of maintenance and rehabilitation techniques, unit rates, and associated PC[ resets. The parameters of the analysis (Priority Weighting Factors) can also be modified and reprioritized whenever required. This flexibility will allow the City's data to evolve with the priorities of elected officials and department staff. Programmed Priority Weighting Factors include functional classification, pavement type, • and pavement strength, while actual candidate selection is based on the incremental cost of deferral. As demonstrated in the image below, the analysis data in the spreadsheet is supplemented with many cells • highlighted in yellow. The yellow highlighted cells indicate that they are "HOT" and can be modified by the end user. Two of the yellow cells shown below represent the Annual Budget and the Project ID. The Annual Budget cell can be modified with a new budget, and the five-year plan will automatically re -prioritize. Although IMS will have already aggregated the City's segments'(intersection-to-intersection) into viable projects (multiple segments strung together to form a logical project), the user has the ability to aggregate additional segments into a project or even remove a segment from a project. L.,F1.1.I.�ir•fwvrrl.el_fn.r.lry ISMr sYn.erd If.rr.NYN"' ,..N..rr ..4_uYs'� ra.eY�1.N�4r4Yl..s '�1 t�.tl 4.rrlY.lsr�wll.al' aYNY .tlyY. � l t IUP41.r Mw Ip Y Y"' Yrlr� Ym Iwr� r sn >:i rmw ir.flM i rrwnwr �� o r.ury. aYlrYlv. NYIMIR � its. o tmelo. 1 11 YID IYr• ai.,lyrkla wYerr r..-......«..w...,r....rr+rar:e•»wr_.......ww r+rr... .Ir Ilp 41l1. 1rPM YIaQ.y YxQ.•1 NI.•I ryrr • .] tr.wrr,brlltl I4.P.wbrf In MY .YW 11 Y.1 P.t rQy. 11 lbl .ti !Ih 41•I..R YIVM Mall ral..n Mf+nt t.Trt rAwY W. # Y s•.Pr•rl•Sl.tn MY.r.lpil.ln PY 1 .•M .•M Wq AY I 1.J11 U#� ta�y N In] ]W 11•J 1#1 4t.YL'..N MSMU tp1U .IKIn1 NIItlS IUsgp Mr .Yll # U. Iri R�W.ti��.f IiN N.Yw .Yy A W / bs.rtl Y (is.nl mPr.rt`ilih M1f P.aht1.IM1 JIY 1 IlN 11,C1 11 C1 PY 4VJ .QI .yl P t.l rM1 nQ 4RtlP I..ytly.fi Q�rfd•R W'..e•.IL I.Ued tNU.N Iw Nr Wn u IM nuP-wl•ll.tn SbP.A`btl.f l: PSR. 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Ynt IVM h Y I t.YUµ N IJ1.ny ry.l .[Lv.l.[ w».•.yR tl �, v l.w' •�• Y iQ1•LYM V.2= r..•YW P�rrl•Sl.ln Pr'.fbS1.In r.n ; Yes P_ IVq 1� nn b yUl IVYI M nh n•i n# n.l c._aaQ.a w.Q.y.n [vtw mwa..a rfnpgl fR vw..'IY r•�nal.n. wlRe IYyr.tl Lwl..y .rY 11 w id e.wwQ4 rR•u. �,.`r+w'ww 1� i .VA h Y • ry.•Pn I.aL...raa.ln <..e...,hll.rn mawrCllln Pn 1 uw uw -raY # Y� m W h YM n�l P li. 1_".nl I..tl44.H Mn.[YY ' N•_•• ' rw # )4 teat � P..P.rrll.ln Firestone Draft rev2 Page 8 • • • Firestone, CO 2020 Pavement Data Collection ESA also allows an agency to refresh the five-year plan by entering the maintenance and rehabilitation work completed. As seen in the image below, ESA contains "PCI Override" functionality. When work has been completed on a particular segment, the user inserts the override PCI value along with a date. ESA then removes the segment from the five-year plan and updates all referenced network PCI averages. Pavement Condition Summary Condition Details 0 0 0 J Z rA a t' a x x p m L1 U a rj ro 0 Q A- U y O m Cb a U e a a E c M 3 �e rn a m t C N 'dp ?C o) C O a S O .0 m x m G 7 R 'C A D e a :a E w a a rn �- , CA:0 �.°� a omu H °o ° b' a) v 'ar'c � v = y e- a° 0 C C N M Q y Q Q- U V G G U N .�-� 2 '0 rn y j C C 0 C V C a3 I Yi �-" f-L N 0 v Oa Q: G W - w a w a V) � z° ti w Q a -) m a a 74 63 60 70 Mod V Good 24 3 70 3.9 0 10.0 10.0 8.9 10.0 10.0 9.1 10.0 9.4 9.2 79 53 60 70 Mod V Good 7 14 70 6.6 0 10.0 8.9 10.0 10.0 10.0 10.0 10.0 9.1 9.1 60 58 60 59 Mod Fair 34 7 59 4.4 0 10.0 9.6 7.0 10.0 10.0 10.0 10.0 9.3 9.5 57 66 30 60 Weak Good 41 2 60 3.5 0 10.0 10.0 6.1 10.0 10.0 9.7 10.0 9.7 10.0 70 59 80 66 Stang Good 6 24 66 4.3 0 10.0 7.2 9.5 10.0 10.0 9.9 10.0 9.8 9.9 81 60 80 74 Strng V Good 0 19 74 4.2 0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 6.5 10.0 91 98 60 93 Mod Excellent 4 6 93 1.4 0 10.0 10.0 0.6 10.0 10.0 10.0 10.0 9.0 10.0 83 71 60 79 Mod V Good 8 10 79 3.1 0 10.0 10.0 10.0 10.0 8.8 9.7 9.8 8.4 10.0 80 85 60 82 Mod V Good 0 20 82 2.1 0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 6.3 10.0 83 88 60 85 Mod V Good 6 12 84 1.9 0 10.0 10.0 10.0 10.0 10.0 10.0 9.8 &0 9.3 86 67 60 80 Mod V Good 4 11 79 3.7 0 10.0 10.0 0.7 10.0 10.0 9.9 10.0 8.0 10.0 Additional Features of the IMS Easy Street Analysis Spreadsheet • Red triangle tips that trigger a dialogue box explaining cell contents • Ability to spontaneously add new road segments and attributes • Modifiable distress indices for City field inspections • input work completed and override segment level PCI scores • Prioritize by neighborhoods, zones, or districts • Ability to modify project lengths - includes aggregating and splits • Commit projects and force "Must Do's" or "Must Never Do" • Program -varying annual budgets over a five-year horizon • Commit a percentage of the budget to surface treatments if desired • Automated rehabilitation plan prioritization and optimization • Macros that automatically sort and filter simple rehabilitation and inventory lists • Ability to sync the spreadsheet with the Data Viewer though a .CSV file export The ESA spreadsheet has proven to be a viable pavement management system for agencies that do not desire to maintain a dedicated application or for agencies that run an application that is unable to prioritize and optimize projects to meet their needs. For the City of Firestone, we will update the current ESA to reflect the 2020 updated pavement condition data. ImmFiresione Daj} rev2 Page 9 • Firestone, CO 2020 Pavement Data Collection Proposed Project Budget The detailed budget presented below is based on the IMS work plan and deliverables. It represents a realistic budget to complete the work, and we are confident we can maintain an on -time, on -budget approach to the assignment. Task Activity Quant units unit Rate Total Project Initiation 1 Project Initiation 1 LS $3,5a0.0o $3,500.00 2 Network RefemnGng, Validation, & GIs Linkage 94 T M( $30.00 $2,820.00 Field Surveys 3 RST MobilizationlCalibratton 1 LS $3.500.00 $3,500.00 ._ 4 RST Field Data Collection - Pmements 94 T-Mi $115.00 $10,810.00 Data Management 5 Proulsion of Digital Images at 25doot Intervals (PerVtew) 94 T-Mi $25.00 $2,350.00 6 Data QAIQC, Processing, Format, & Supply (Excd; Shapanj% nq 94 T-Mi $27.00 $2,638.00 7 Pa%ement Condition Data Load 1 LS $3.000.00 $3,000.00 8 Pavement Analysis, Budget De+,elcpment, & Report 1 LS $8,500,00 $B,500.00 a..ERM - Easy Street Anaysis" Pavement Management Spreadsheet Sellware hcluded In Base Activities b. CustonizaUoPrbriUalian&C6st-eenefdAnaW[s hWdedin Elate Aclivilias c. Online ESA SpreadsheetTwining via Yk6Ez bduded in Base Activities 9 Project Management 1 LS $2,888.a0 $2.888.00 10 Right-af--Way Asset Data Coltection(GPS&ROWkmgay) 94 T-Mi $30.00 $2,620.00 a. Signs & Support Database 94 T-Mi $100.00 $9.400.00 b. ADA Ramp & Obstructions Database 94 T-Mi $60.00 $5,640.00 d. Sidewalk & Obstructions Database 94 T-Mi $50,00 $4,703.00 e. Curb & Gutter Database 94 T-Mi $50.00 $4,700.00 TU ,..�. _ - Project Total $6 ;1fi6'Oq, Thank you for considering IMS as a viable solution to your pavement management needs and we will strive to become an asset and extension of the City of Firestone staff and team. If any questions arise, please do not hesitate to contact me at (417) 372-7021 or lmyersiu'�imsanalysis:com. Best Regards, IMS Infrastructure Management Services Jeff Myers, M.S.A. Client Services Manager Firestone Draft rev2 Page 10 Form 'W=9 Request for Taxpayer (Rev. October 2018) Identification Number and Certification . to the igve Forrrn. Department of the Treasury Internal Revenue Service ► Go to www.frs gavlFormW9 for instructions and the latest Information, requester. DO not send to the iRS. 1 Name (as shown on your lnCeroe tax return). Name is required on this line; do not leave this line blank. �S TO �r-+-4'rvtc-I-S,rC' /-?-,k1caSc'�--•c+� sc��w.iirS 2 Bualness name/dlsregarded entity name, If different L LL from shove (D 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Y 4 Exemptions codes P ( apply only to a o ❑ IndividuaUsafe proprietor or p p ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate certain entities, not Individuals; see Instructions on page 3): ° single -member LLC Exempt payee code Of any) Lin mited liability company. Enter the tax classification (C=C corporation, S=S corporation, P-Partnership) o ► r Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a sfigle•member LLC that Is disregarded from the Exempllon from FATCA reporting owner unless the owner of the LLC is another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a singte-member LLC that Is disregarded from the owner should check the code fir any) appropriate box for the tax classification of Its owner. Other (seelnstnrctions)► caar Waac ro400aM9aU%rdaftA*thetLa� mr 5 Address (number, street, and apt, or suite no.) See instructions. Requester's name and address (aptlanaf) dj d 3�? 0 S. Kyrrrir 0 City, state, and ZIP code ((-z. SSaSy 7 Ust account numbei(s) here footionan 0 Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Pert I, later. For other entitles, it is your employer Identification number (EIN). If you do not have a number, see How to gat a TIN, later. [Mote: If the account Is in more than one name, seethe Instructions for line 1. Also see what Name and Number ro Give the Requester for guidelines on whose number to enter, or 113U©®M19© Under penalties of perjury, i certify that: 1. The number shown on this form is my correct taxpayer Identification number (or i am waiting for a number to be Issued to me); and 2.1 am not subject to backup withholding because: (8)1 am exempt from backup withholding, or (b) I have not been notified by the Intemal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (0) the iRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S, citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form Of any) Indicating that I am exempt from FATCA reporting Is correct. Certification fnstructfons- You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, Contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part II, later. "'kill I Signature of Hera U.S. person ► General Instructions Section references are to the internal Revenue Code unless oth 1 pate ► • Form 1099-DIV (dividends, including those from stocks or mutual funds) noted. erw se . Form 1099-MISC (various types of Income, prizes, awards, or gross Future developments. For the latest information about developments proceeds) related to Form W-9 and its Instructions, such as legislation enacted Form 1099-8 (stock or mutual fund sales and certain other after they were published, go to wwW.irs.gov1FermW9. transactions by brokers) Purpose of Form • Form 1099-5 (proceeds from real estate transactions) An individual orentity (Form W-9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer • Form 1099-K (merchant card and third parry network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T rdentlllcation number (FIN) which may be your social security number (tuition) iSSN), Individual taxpayer Identification number (ITIN), adoption Form 1099 G (canceled debt) taxpayer Identification number MN), or employer Identification number to report on an Information return the amount to • Form 1099-A (acquisition or abandonment of secured property) •(EIN), paid you, or other amount reportable on an Information return. Examples of Information returns Include, but are not limited to, the following. Use Form W-9 only if you are a U.S. person (including a resident allen), to provide your correct TiN. • Form 1099-INT Qnterest earned or paid) If you do not return Form W-9 to the requester with a TiN, you might be subject to backup withholding. See What Is backup withholding, later. Cat. No.10231X Form W-9 (Rev. 10-2018) • C ACORI] CERTIFICATE OF LIABILITY INSURANCE `� DATEiMMIDDNYYY) r 3/9/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER The Arizona Group 1125 East Southern Avenue Suite 101 Mesa AZ 85204 CONTACT K stie Hodge PHONE PAX • 480-892-8755 IA,,No :48D-892-7625 aDaAlLss: k stie.hod a arizona roU .cam INSURERS AFFORDING COVERAGE NAICS INSURER A: Travelers IndemnitV Co of Amer 25666 INSURED IMSINFR-01 IMS Infrastructure Management Services LLC 8380 S Kyrene Rd #101 Tempe AZ 85284 INSURER B : Charter Oak Fire Ins CO 25615 INSURERC: INSURERD: INSURER E : INSURER F : L UVtKAU1=b CERTIFICATE NUMBER' 9041AR7A17 QGv QIM1d n1I IMGCb. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPEOFINSURANCE ADDL ikiqn, SUER wvn POLICYNUMBER POLICY EFF MMIDD/YYYY) POLICY UP (MWDI)NYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE II OCCUR 680-9H179210-19-47 3/2612019 3/26/2020 EACH OCCURRENCE $2000000 P EMISESDMAGE O a occurtence , $1,000,000 MED EXP JAT oneperson) $10.000 GEWLAGGREGATE LIMIT APPLIES PER: POLICY ❑ PEa LOC OTHER: PERSONAL& ADV INJURY S2,o40,000 GENERAL AGGREGATE $2,000.000 PRODUCTS -COMPIOP AGG $2,000,000 $ A AUTOMOBILELIABILITY X ANY AUTO SCHEDULED AUTOS AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY BA-8923L36A19-GRP 3/26/2019 3/26/2020 1MIT accldeni $1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident ) $ PROPERTY DAMAGE Per accident)$ A X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE CUP-8666Y370-19-47 3/26/2019 3/2612020 EACHOCCURRENCE $4,000.000 AGGREGATE $4,000 000 DED I X I RETENTIONS $ e WORKERS COMPENSATION AND MPLOY EMPLOYERS* LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE OFFICE(MandaRryInN REXCLUDED7 (Mandatary In NH) If yes describe under DESCRIPTION OF OPERATIONS below N/A UB21C992554 19 47-E 4119/2019 4119/2020 X STATUTE ERH E.L EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS IVEHiCLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is requlredi City of Firestone, CO 151 Grant Avenue P.0 Box 100 Firestone CO 80520 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE. WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE --eA(�o 0 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD • co RESOLUTION NO.20-33 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND SPLIT RAIL FENCE COMPANY, INC., DBA SPLIT RAIL FENCE, FOR THE REMOVAL AND REPLACEMENT OF THE HART PARK BASEBALL FIELD BACKSTOP AND DUGOUT FENCE WHEREAS, the Town of Firestone ("Town") Hart Park baseball field's backstop and dugout fence are in need of replacement; and WHEREAS, the Town solicited bids and selected Split Rail Fence as the most qualified and responsive contractor. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Split Rail Fence Company, Inc., for the removal and replacement of the Hart Park Baseball field backstop and dugout fence is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 1 lth day of March, 2020. ESTO)�6e, TOWN OF FIRESTONE, COLORADO �r� owNW SEobbi Si elarMayor In 1ATTEST:��UNTY 0 no�� 'A J ss' a Koenig, Town A R DAST . Willi . Hayashi, Town Attorney i� L J CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT (the "Construction Contract" or "Agreements) is made and entered Into this i 1fday of &r-,(,, 2020 (the "Effective Date"), by and between the tOWN OF FIRESTONE, a Colorado municipal corporation with an address of 151 Grant Avenue, P.O. Box 100, Firestone, Colorado 80520 Me"Town" or the "Owner"), and SPLIT RAIL FENCE, an independent contractor With a principal place of business at 8065 Brandon Drive Littleton, Colorado 80125 ("ContractorO) (each a "party" and collectively the "Parties"). WHEREAS, the Town requires services, and WHEREAS, Contractor has held itself out to the Town as having the .requisite expertise and experience to perform the required services, HOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I, SCOPE OF WORK A. Contractor shall complete all Work and perform all Services Which are described or reasonably implied from'the Scope of Work set forth in Exhibit A and the Contract Documents, attached hereto and incorporated herein by this reference and known as: Replacement of backstop all Hart Park . (P2020-9324) Project. B. A change in the Scope of Worn shall not be effective unless authorized as a written amendment to this Agreement or change order in accordance with the Contract Documents. if Contractor proceeds without such written authorization, Contractor shall be deemed- to have waived any claim for additional compensation, including .a claim based on the theory of unjustenrichment, quantum merit or Implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. C. Within 10 days of the Effective Contract Date, Conkactorshall provide the performance bond and tabor & material payment bond and certificate of Insurance required by the contract Documents. II. RESERVED . Page 1 of 11 - FORESTONE III. CONTRACT TIMES; COMMENCEMENT AND COMPLETIO N QE WORK A. The Work shall be substantially completed withindays of the Effective Date. of this contract, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written. notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity'. C. Should a delay in completion constitute a compensable inconvenience to the Town and its residents, the liquidated damages established In this Section shall be enforced. Such damages are not a penalty, the parties recognize the delays, expense and difficulties Involved In proving the actual loss suffered by the Town if the Work is not completed on time. For each day that all or a portion of the Work is delayed beyond the deadlines set forth In Section III hereof, plus any extensions thereof allowed, the Contractor shall be assessed the amount of two hundred fifty dollars ($250) each day until the Work Is complete. IV. COMPENSATION In consideration for the completion of the Work by Contractor, the Town shall pay Contractor, subject to all of the terms and conditions of the Contract Documents, an amount not to exceed $21,150.00 (the . "Contract Pdcel. The Contract Price shall include all fees, costs and expenses Incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses, V. PAYMENT PROCEDURES Contractor may submit Applications for Payment for completed work per the UNIT -PRICE BID FORM or the LUMP -SUM BID FORM. Contractor may submit periodic Invoices, which shall be paid by the Town within 30 days of receipt. VI. RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses In good standing, required by law. B. The Work performed by Contractor shall be in accordance with generally accepted practices and the level of competency presently maintained by other practicing contractors in the same or similar type of work in the applicable community. C. The Work performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations, Including the Keep Jobs in Colorado Act, C.R.S. 8-17-101, at seq. (the "Act") and the rules adopted by the Division of Labor of the Colorado Department of Labor and Employment implementing the Act (the "Rules"), D. The Town's review, approval or acceptance of, or payment for any completed Worts shalt not be construed to operate as a waiver of any rights under this Construction Contract or of any cause of action arising out of the performance of this Construction Contract, E. Contractor hereby warrants to the Town that all materials and equipment used in the Work, and made a part of the Work, or placed permanently In the Work, shell be new unless otherwise specified In the Contract Documents. Contractor further warrants that all equipment and materials shall be of good quality, conform to the requirements of the Contract Documents and will be free from defects. All Work, materials, or equipment not conforming to the Contract Documents shall be considered defective. F. The Contractor shall warrant and guarantee all materials and equipment furnished under the Contract and all Work performed for one year after the date of Substantial Completion. Under this warranty, Contractor agrees to repair or replace, at Its own expense, any Work that is found to be defective. The expiration of the warranty period shall In no way limit the Town's legal or equitable remedies, or the period In which such remedies may be asserted, for work negligently or defectively performed. VIt. OW, HERS IPIP . Any materials, Items, and worts specified in the Scope of Work, and any and all related documentation and materials provided or developed by Contractor shall be. exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Work constitutes a "work made for hire." To the extent, If at all, that It does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest In such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute; destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent Pram Contractor. VIII. INDEPENDENT CONTRACTOR Contractor Is an independent contractor. Notwithstanding any other provision of this Construction Contract, all personnel assigned by Contractor to perform work under the terms of this Construction Contract shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that It is a Town employee for any purposes. IX. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Construction Contract. At a minimum, Contractor shall procure and maintain, and shall cause • Page 3 of I FIRESTONE . any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1.. Workers Compensation Insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage far bodily Injury, broad form property damage, personal Injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of Interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional Insured endorsement shall contain any exclusion for bodily Injury or property damage arising from completed operations. B. Such Insurance shall be in addition to any other insurance requirements Imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any Insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the require_ d policles are In full force and effect. The certificate shall Identify this Construction Contract. X INDEMNIFICATION Contractor agrees to indemOy and hold harmless the Town and its officers, Insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, Ilabllity, damages, losses, expenses and demands, Including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily Injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are In any manner connected with this Construction Contract if such injury, loss, or damage is caused In whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. A ILLEGAL ALIENS A. Certification, By entering into this Construction Contract, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Construction Contract and that Contractor will participate in either the E.Verify Program Page 4 of 11 • r WIN Ir1 LJ administered by the U.S. Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor. and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Construction Contract. S. Prohibited Acts, Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Construction Contract, or enter into a contract with a subcontractor that falls to certify, to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Construction Contract. C. Verification. 1. If Contractor has employees, Conlractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Construction Contract through participation in either the E-Verity Program or the Department Program. 2 Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre -employment screening of Job applicants while this Construction Contract is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Construction Contract knowingly employs or contracts with an illegal alien who Is performing work . under this Construction Contract, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who Is performing work under this Construction Contract; and terminate the. subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the Illegal alien who is performing work under this Construction Contract; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Construction Contract. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § S-1I.5.102(5)(a) to ensure that Contractor Is complying with the terms of this Section XI. E. Affidavits. If Contractor does not have employees, Contractor shall signs the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Construction Contract via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto, • Page 5 0111 FIRESTONE Xlt. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between the Town and Contractor concerning the Scope of Services, consist of the following: A, Exhibit to this Construction Contract: 1. Exhibit A: Scope of Work There are no Contract Documents other than those listed above in this Section XII. JUII. MISCELLANEOUS A. Governing Law and Venue. This Construction Contract shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. B. No Waiver. Delays In enforcement or the waiver of any one or more defaults or breaches of this Construction Contract by the Town shall not constitute a waiver of any of the other terms or obligation of this Construction Contract C. Integration. This Construction Contract and any attached exhibits constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficlaries to this Construction Contract. E. Notice. Any notice under this Construction Contract shall be In writing, and shall be deemed sufficient when directly presented or sent pre -paid, fast class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severabflity. If any provision of this Construction Contract is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Construction Contract may only be modified upon written agreement of the Parties. H. Assionment Neither this Construction Contract nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity, The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement,. the monetary limitations or any Page 6 of 11 FIRESTONE - L U L U R A 0 41 • other rights, immunities, and protections provided by the Colorado Govemmental Immunity Act, C.R,S. § 24- 10.101, et Seq., as amended, or otherwise availablelo the Town and Its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Construction Contract are in addition to any other rights and remedies provided by law. The expiration of this Construction Contract shall In no way limit the.Towns legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Sublect to Annual Appropriation. Consistent with Arilcle X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liablllty beyond the current fiscal year. Page 7 of 11 FIRESTONE C 0 L tl N A 13 U IN WITLESS WHEREOF, the Parties have executed this Construction Contract as of the Effective Date. TOWN OF FIRESTRONE, COLORADO RESrO `�� rr SOWN , m i SIi A 10 t Eobbi Sindelar, Mayor ATTEST: r sfca ttoenig, Town Clerk STATE OF COLORADO ) ss: COUNTY OF The foregoing Instrument was subscribed, sworn to and acknowledged before me this day of �r,�, .._, 2020, by �Av s Vo,i e-e (' IAA as E yL i je & j_ of My commission expires: (SEAL) Notary Public Page 8 of 11 r FIRESTONE C-U L U N A 0 0 - n U Uj 1.1 • NO EMPLOYEE AFFIDAVIT To be completed only if Contractor has no employees 1. Check and complete one: ❑ I, am a sole proprietor doing business as . I do not currently employ any Individuals. Should I employ any employees during the term of my Agreement with the Town of Firestone (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined In that Agreement. ' OR ❑ I, am the sole ownedmemberlshareholder of a [specify type of entity — l.e., corporation, Ilmiled liability company], that does not currently employ any individuals. Should I employ any. Individuals during the term of my Agreement with the Town, I cerrfli that I will comply with the lawful presence verification requirements outlined in that Agreement. Z. Check one. ❑ I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following Items. ■ A valid Colorado driver's license or a Colorado Identification card; A United States military card or a military dependent's identification card, A United States Coast Girard Merchant Mariner card; • A Native American tribal document; In the case of a resident of another state, the driver's license or state -Issued Identification card fmm the state of residence, ff that state requires the applicant to prove lawful presence prior to the issuance of the Identification card; or ■ Any other documents or combinationof documents listed in the Town's "Acceptable Documents for Lawful Presence Verification" chart that prove both Contractor's citizenshipflawful presence and Identity. OR ❑ I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement rSAVED program, andpmvide such verification to the Town. Signature Date Page 9 of 11 FiRE,STONE DEPARTMENT PROGRAM AFFIDAVIT To be completed only if Contractorparticipates In the Department of tahorLawful Presence. Verification Program as a public contractor under contractwlth the Town of Firestone (the °Townl, hereby affirm that: 1.. 1 have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services (Agreement) with the Town within 20 days after such hiring date; 2. 1 have retained or will retain fife copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and Identity of newly hired employees who perform work under this Agreement; and 3. 1 have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. Signature Date STATE OF COLORADO ) )ss. COUNTY OF } The foregoing instrument was subscribed, sworn to and acknowledged before me this w day of 2020, by as of My commission expires: (SEAL) Notary Public Page 10 or it • . PRESTONE Proposal ¢ SPLIT RAIL IIQME BUILDERS 'A.d'a t1CIA 1Fp Ir 8065 Brandon Drive rdEIRQ Di NVEp LITTLETON, COLORADO 80125 (303) 791-1997 FAX (303) 791-1986 " The Respected Leader in the Industry for Over 30 Years" PAGE 1 /�ARlhiikT r�oci+vla+ PROJECT NO. 20-0073 Chuck Bradt/ Town of Firestone Parks Division 303.901.0227 2/26/2020 STREET JOB NAME 7500 Pine Cone Ave. Hart Park Back Stop and Dugout Fence :ITY, STATE and ZIP CODE Firestone, CO 80504 Ben Rabinoff 467 Jackson Ave, Firestone, CO 80520 :-MAIL' JOB PHONE brabinofF@spiltrailfenceco.com 720.281.2722 Dollars ($ 1 LS @ $21,150.00 ). Balance due upon completion. The buyer agrees that If the balance is not paid when due, the principal amount shall bear the interest at the rate of 2% per month, and the Buyer shall pay all costs of collection including reasonable attorney's fees. All material is guaranteed to be as specified. All work to he completed In a Authorized workmanGka manner according to standard practices. Any alteration or C� deviation from speogeallons below Involving extra costs will be executed Signature oft only upon written enders, and will become an extra chargo over and above tha estimate. All agreements contlagent upon strikes, accidents or delays beyond Note: this proposal may be withdrawn by e Mr control. Owner to carry Ere, remade and other necessary Insurance. Our us if not accepted within i J days, workers are fully covered by Workman's compensation Insurance. We propose to furnish and install approximately 82 LF of 8' Tall Dugout Fence 1LSUM 4 650.00 Includes: 82LF 8' Tall 2" 9GA Galvanized Chair? Link mesh with 1-5/8" OD Top Rail. 1-7/8" OD Line posts and 2-3/8" Terminal posts set 10'O.C. max with concrete footers. NO GATES. We propose to furnish and install 16' high supporting Back Stop. 9LSUM 76 500.00 Includes: Back stop to be 20'x20'x20' at 16' Tall with 5' overhang. 2x6x10 Wood base plate anchored to bottom of back stop. All horizontal rails to be welded to vertical posts. 6 GA 2" galvanized chain link mesh behind center of back stop(20') . 9 GA 2" mesh for remaining fence sections. NOTE: Price does not include plating posts or core drilling. No Gates Included. All material to be galvanized. Split Rail fence will need clear access for equipment during install. Mow -band must be removed prior to install. :Site must be graded before Install. Submintals will be provided at time of signing. 'Steel Prlcing on this quote Is based on today's price points. All p g g quotes from our steel suppliers are subject to price adjustments, depending on the market conditions. SRF will offer proof of any INCLUDES TAX increase in price due to current market Instability. Exclusions: Permits, night work, traffic control, survey, electrical grounding, prevailing wages, demolition, clearing and grubbing, grading must be completed prior to crew arriving to set fence post, dirt removal, core drilling, asphalt cutting, fall protection, excludes staining/painting unless otherwise noted. An additional charge will be added to invoice if rocky ground or difficult drilling conditions are encountered. If underground utilities are within 18" of the fence line hand digging may be required. Therefore hand dug holes are subject to a minimum charge of $39.00 per hole. Not responsible for damage or repair to underground lines including sprinkler systems. Private locates by others (excluded). Proposal excludes any & all engineering if needed, testing shop welds. NOTE: If bond is required please add 3.5% Buyers Right To Cancel If you decide you do not want the goods or services, you may cancel this agreement by mailing a notice to split Rail indicathig you do not the goods or services before midnight on the 3rd business day after you sign this agreement. Cancellation after the 3 days will result In f 5% of the contract price be retained for costs Incurred and any return shipping charges Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are herby accepted. You are Signature: Date: authorized to do the work as specified. Payment will be made as outlined above. is is i • • _� UJ RESOLUTION NO.20-34 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, SUPPORTING PASSAGE OF BALLOT ISSUE 2A; WHICH WITHOUT INCREASING THE TOWN, S CURRENT TOTAL SALES AND USE TAX RATE AUTHORIZES THE EXPANSION OF THE 0.6% SALES AND USE TAX APPROVED IN 2017 FOR THE OPERATION AND MAINTENANCE OF THE POLICE AND MUNICIPAL COURT FACILITY AND CONSTRUCTION, OPERATION AND MAINTENANCE OF OTHER TOWN FACILITIES WHEREAS, in 2017, the Town of Firestone's ("Town") voters approved a 0.6% sales and use tax to fund the construction of the new Police Department and Municipal Court Facility, which opened last October on time and on budget; and WHEREAS, the funds collected from the 0.6% sales and use tax exceed the Town's current debt obligation for construction of the Police Department and the Municipal Court Facility; and WHEREAS, the Town desires to use the surplus 0.6% sales and use tax revenues for other public projects, including the operation and maintenance of the Police Department and Municipal Court Facility, and construction, operation and maintenance of other Town facilities, which includes a new Town Hall, remodel and expansion of the Public Works Facility, and development of Central Park; and WHEREAS, specifically the Town Board seeks to address the citizens' desire for increased recreational facilities such as the development of Central Park, including soccer fields and the expansion and maintenance of the Town's trail network; and WHEREAS, the Town Board also desires to improve the Public Works Facility so that it will be better able to provide for the Town's streets and roads and parks and trails infrastructure and maintenance and WHEREAS, additionally in realization that the Town's growth has exceeded the administrative operational capacity of Town Hall the Town Board has been planning and acquiring funds for a new Town Hall; and WHEREAS, though the Town is using other revenue sources, such as debt financing, public facility impact fees and urban renewal revenue, to assist in meeting all of these goals, the addition of the 0.6% sales and use tax surplus revenues would expedite all of the projects, and benefit all of the Town's citizens; and , WHEREAS, expanding the use of the 0.6% sales and use tax revenues as set forth in this resolution requires that the voters approve Ballot Issue 2A; and 1 1.6 110 • WHEREAS, Ballot Issue 2A does not call for any other changes in the 2017 0.6% sales and use tax ballot issue and the Towns sales and use tax shall remain at 3.6%; and WHEREAS, the Fair Campaign Practices Act, Section 1-45-101 et seq., C.R.S., specifically authorizes the Board of Trustees to pass a resolution advocating support for any ballot issue. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Board of Trustees is in support of and strongly urges all registered electors to vote "YES" at the April 7, 2020 election regarding Ballot Issue 2A calling for the use of 2017, 0.6% sales and use tax revenues for the operation and maintenance of the Police Department and Municipal Court Facility, and construction, operation and maintenance of other Town Facilities, without amending any other condition of the 2017 0.6% sales and use tax nor increasing the Town's current sales and use tax rate. INTRODUCED, READ AND ADOPTED thiskay of , 2020. ESTp�F TOWN OF F.IRESTONE, COLORADO XO sQ obbi Sin ar, Mayor Cn t 10 ATTEST: Koenig, APRONE.D AS T FO : . JA Hayashi, Town Attorney • RESOLUTION NO.20-35 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT AMONG THE TOWN OF LYONS, THE CITY OF LONGMONT, THE TOWN OF MEAD, THE TOWN OF FIRESTONE, THE COUNTY OF BOULDER, THE COUNTY OF WELD, AND THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION REGARDING A HIGHWAY ACCESS CONTROL PLAN WHEREAS, the above -named Parties are authorized by the provisions of Article IV, Section 18(2)(a), Colorado Constitution, and Sections 29-1-201, et seq., C.R.S., to enter into contracts with each other for the performance of functions that they are authorized by law to perform on their own; and WHEREAS, the coordinated regulation of vehicular access to public highways is necessary to maintain the efficient and smooth flow of traffic without compromising pedestrian and alternative modes of transportation circulation, to reduce the potential for traffic accidents, to protect the functional level and optimize -the traffic capacity, to provide an efficient spacing of traffic signals, and to protect the public health, safety and welfare; and WHEREAS, the Parties desire to provide for the coordinated regulation of vehicular access for the section of United States Highway 36 between McConnell Drive (M.P. 21.00) and Highland Drive (M.P. 21.764), and the section of Colorado State Highway 66 between Highland Drive (M.P. 28.693) and Weld County Road 19 (M.P. 47.912) hereinafter referred to as "Segment", which is within the jurisdiction of the Parties; and WHEREAS, the Parties are authorized pursuant to Section 2.12 of the 2002 State Highway Access Code, 2 C.C.R. 601-1 to achieve such objective by written agreement among themselves, adopting and implementing a comprehensive and mutually acceptable highway access control plan for the Segment for the purposes cited above. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Intergovernmental Agreement between the Town of Firestone, the Town of Lyons, the City of Longmont, the Town of Mead, the County of Boulder, the County of Weld, and the State of Colorado Department of Transportation, to adopt and implement a comprehensive highway access control plan, is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Intergovernmental Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 25th day of March, 2020. COLORADO i SWelar, Mayor AS TO FORM: Willia".'Vayashi, Town Attorney DoaSign Envelope ID: 2C2CF508-2911-4E78-A8AE-4B6A7A94C78E • OLA #: 351001591 Routing #: 20-HA4-XE-03004 INTERGOVERNMENTAL AGREEMENT AMONG THE TOWN OF LYONS, THE CITY OF LONGMONT, THE TOWN OF MEAD, THE TOWN OF FIRESTONE, THE COUNTY OF BOULDER, THE COUNTY OF WELD, AND THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION THIS AGREEMENT (hereinafter referred to as the "Agreement") is entered into effective as of the date defined below by and among the Cities/Towns of Lyons, Longmont, Mead, and Firestone and the Counties of Boulder and Weld (hereinafter referred to collectively as the "Cities and Counties"), and the State of Colorado, Department of Transportation (hereinafter referred to as the "Department"),. said parties being referred to collectively herein as the "Agencies." RECITALS: WHEREAS, The Agencies are authorized by the provisions of Article XIV, Section 18(2)(a), Colorado Constitution, and Sections 29-1-201, et. seq., C.R.S., to enter into contracts with each other for the performance of functions that they are authorized by law to perform on their own; and WHEREAS, Each Agency is authorized by Section 43-2-147(1)(a), C.R.S., to regulate access to public highways within its jurisdiction; and WHEREAS, The coordinated regulation of vehicular access to public highways is necessary to maintain the efficient and smooth flow of traffic without compromising pedestrian and alternative modes of transportation circulation, to reduce the potential for traffic accidents, to protect the functional level and optimize the traffic capacity, to provide an efficient spacing of traffic signals, and to protect the public health, safety and welfare; and WHEREAS, The Agencies desire to provide for the coordinated regulation of vehicular access for the section of United States Highway 36 between McConnell Drive (M.P 21.00) and Highland Drive (M.P. 21.764), and the section of Colorado State Highway 66 between Highland Drive (M.P. 28.693) and Weld County Road 19 (M.P. 47.912) (hereinafter referred to as the "Segment"), which is within the jurisdiction of the Agencies; and WHEREAS, The Agencies desire to collaborate to assure all transportation modes including pedestrian, bicycle, vehicle, and mass transit are given sufficient consideration and adequate funding support with each transportation improvement project that affects access within the identified project limits; and WHEREAS, The Agencies are authorized pursuant to Section 2.12 of the 2002 State Highway Access Code, 2 C.C.R. 601-1 (the "Access Code") to achieve such objective by written agreement among themselves adopting and implementing a comprehensive and mutually acceptable highway access control plan for the Segment for the purposes recited above; and 1 Doci-Sign Envelope ID: 2C2CE5D8-2911-4E78-A8AE-486A7A94C78E • OLA #: 351001591 Routing #: 20-HA4-XE-03004 WHEREAS, The development of this Access Control Plan adheres to the requirements of the Access Code, Section 2.12. NOW THEREFORE, for and in consideration of the mutual promises and undertakings herein contained, the Agencies agree as follows: The Access Control Plan dated March 2020 for the Segment (hereinafter referred to as the "Access Control Plan") is attached hereto as Exhibit A and incorporated herein. 2. The Agencies shall regulate access to the Segment in compliance with the Access Control Plan, the Highway Access Law, section 43-2-147, C.R.S., (the "Access Law") and the applicable sections of the Access Code. Vehicular access to the Segment shall be permitted when such access is in compliance with the Access Control Plan, the Access Law and the applicable sections of the Access Code. 3. Accesses that were in existence in compliance with the Access Law prior to the effective date of this Agreement may continue in existence until such time as a change in the access is required by the Access Control Plan or in the course of highway reconstruction. When closure, modification, or relocation of access is necessary or required, the Agency(ies) having jurisdiction shall utilize • appropriate legal process to affect such action. 4. Actions taken by any Agency with regard to transportation planning and traffic operations within the areas described in the Access Control Plan shall be in conformity with this Agreement. Per Section 2.12 (3) of the Access Code, design waivers may be approved if agreed upon by the Agencies having jurisdiction. Parcels of real property created after the effective date of this Agreement that adjoin the Segment shall not be provided with direct access to the Segment unless the location, use and design thereof conform to the provisions of this Agreement. 6. This Agreement supersedes and controls all prior written, oral agreements, and representations of the Agencies and constitutes the whole agreement between them with respect to regulating vehicular access to the Segment. No additional or different oral representation, promise or agreement shall be binding on either Agency. This agreement may be amended or terminated only in writing executed by the Agencies with express authorization from their respective governing bodies or legally designated officials. Upon thirty -day notice, any party to this Agreement may withdraw from the Agreement in writing, without consent of the other party. To the extent the Access Control Plan, attached as Exhibit A to this Agreement, is modified by a change, closure, relocation, consolidation or addition of an access, the Agencies may amend the attached Exhibit A so long as the amendment to the Access Control Plan is executed in writing and amended in accord with the Access Law and Access Code. The Acces3 Control Plan Amendment Process has been included in Exhibit B. This Agreement is based upon and is intended to be consistent with the Access Law and the Access Code as now or hereafter constituted. An amendment to either the Access Law or the Access Code that becomes effective after the effective date of this Agreement and that conflicts irreconcilably with an . express provision of this Agreement may be grounds for revision of this Agreement. 2 DocLSign Envelope ID: 2C2CF5D8-2911-4E78-A8AE-4B6A7A94C78E r L_J OLA #: 351001591 Routing #: 20-HA4-XE,-03004 This Agreement does not create any current financial obligation for any Agency. Any future financial obligation of any Agency shall be subject to the execution of an appropriate encumbrance document, where required. Agencies involved in or affected by any particular or site -specific undertaking provided for herein will cooperate with each other to agree upon a fair and equitable allocation of.the costs associated therewith, however, notwithstanding any provision of this Agreement, no Agency shall be required to expend its public funds for such undertaking without the express prior approval of its governing body, director, and if required, state controller. All financial obligations of the Agencies hereunder shall be contingent upon sufficient funds therefore being appropriated, budgeted, and otherwise made available as provided by law. 8. Should any one or more sections or provisions of this Agreement be judicially determined to be invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Agreement, the intention being that the various provisions hereof are severable. 9. By signing this Agreement, the Agencies acknowledge and represent to one another that all procedures necessary to validly contract and execute this Agreement have been performed, and that the persons signing for each Agency have been duly authorized by such Agency to do so. 10. No portion of this Agreement shall be deemed to constitute a waiver, express or implied, of any of • the immunities, rights, benefits, protections or other provisions of the Colorado Governmental Immunity Act, C.R.S. Section 24-10-101, et. seq. Nor shall any portion of this Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Agreement. 11. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 12. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one original Agreement. Facsimile signature shall be as effective as an original signature. 13. Term and Effective Date. The Effective Date of this Agreement shall be the date of the last party to sign. This Agreement shall terminate fifty (50) years from the Effective Date unless sooner terminated or further extended, in writing, by the Agencies. U DocuSign Envelope ID: 2C2CF5D8-29ii-4E78-A8AE-496A7A94C78E • OLA 351001591 Routing #: 20-RA4-XE-03004 IN WITNESS WHEREOF, the Agencies have executed this Agreement effective as of the day and year of the last party to sign. Town of Lyons, Colorado 7/15/2020 Nicholas Angelo, Mayor, Town of Lyons Date City of Longmont, Colorado �j :10 7/17/2020 Brian Bagley, Mayor, City.of Longmont Date Town of Mead, Colorado �,d,�ff,- l,U.f+U4. a&w 7/20/2024 Colleen G. Whitlow, Mayor, Town of Mead Date Town of Firestone, Colorado 9/1/2020 Bobbi Sindelar, Mayor, Town of Firestone Date. County of Boulder, Colorado .saw 10/6/2020 Deb Gardner, Commissioner, County of Boulder. Date 4. DocuSign Envelope ID: 2C2CF5D8-2911-4E78-ABAE-4B6A7A94C78E • OLA #: 351001591 Routing #: 20-HA4-XE-03004 County of Weld, Colorado 10/13/2020 Mike Freeman, Commissioner, County of Weld Date State of Colorado Department of Transportation 10/13/2020 Heather Paddock, Region 4 Date Regional Transportation Director State of Colorado Department of Transportation • {tut, {km saw 10/13/2020 . Stephen Harelson, P.E., Chief Engineer Date 0 DocuSign Envelope ID: 2C2CF5D8-2911-4E78-A8AE-4B6A7A94C78E • OLA #: 351001591 Routing #: 20-HA4-XE-03004 "EXHIBIT — A" UNITED STATES HIGHWAY 36 AND COLORADO STATE HIGHWAY 66 (US 36 MP 21.00-MP 21.764 AND CO 66 MP 28.693-MP 41.912) ACCESS CONTROL PLAN March 2020 Town of Lyons, City of Longmont, Town of Mead, Town of Firestone, Boulder County, Weld County, and the State of Colorado Department of: Transportation I. PURPOSE The purpose of this Access Control Plan (ACP) is to provide the Agencies with a comprehensive roadway access control plan for the pertinent segment of United States Highway. 36 between McConnell Drive (MY 21.00) and Highland Drive (M.P. 21.764),.as well as the section of Colorado State Highway 66 between Highland Drive (M.P. 28.693) and. Weld County Road.19 (M.P. 47.912). II. AUTHORITY The development of this Access Control Plan was completed pursuant to the requirements of the Access Code, Section 2.12, and adopted by the attached Agreement. III. RESPONSIBILITIES It is the responsibility of each of the Agencies to this Agreement to ensure that vehicular access to the: Segment shall only be in conformance with this Agreement. The cost of access improvements, closures and modifications. shall be determined.p.ursuant to section 43-2=147(6) C.R.S., the Agreement, and this Access Control Plan. All access construction shall be consistent with the design criteria and specifications of the Access Code. IV. EXISTING AND FUTURE ACCESS A. The attached table provides a listing.of each existing and future access point in the Segment. For each access point the following information is.provided: location, description of the current access status, the future configuration (Access PIan), and the condition(s) for change. All access points along United States. Highway 36 and Colorado State Highway 66 are defined by the approximate Department reference point (in hundredths of a mile) based on CDOT Highway. Segment Description Mileposts. All access points are located at the approximate centerline of the access (+1- 50 feet) unless otherwise noted in the Access Control Plan and associated tables. Exhibits graphically illustrating the Access Plan are attached for reference. In case of discrepancy, the Access Control Plan Table takes: precedence. B. All highway.design and.construction will be based on the assumption that the Segment will have a sufficient cross section to accommodate all travel lanes and sufficient right-of-way to accommodate longitudinal installation of utilities.. V. ACCESS MODIFICATION Any proposed access modification including but not limited to an addition must be in compliance with this Agreement and the current Access Code design standards unless the Agency or Agencies having jurisdiction approves a design waiver under the waiver subsection of the Code. 6 DocuSign Envelope ID: 2C2CF5D8-2911-4E78-A8AE-4B6A7A94C78E OLA 9: 351001591 Routing 4: 20-HA4-XE-03004 Any access described in this section, which requires changes or closure as part of this Agreement or if significant public safety concerns develop, including but not limited to, when traffic operations have deteriorated, a documented accident history pattern has occurred, or when consistent complaints are received, may be closed, relocated, or consolidated, or turning movements may be restricted, or the access may be brought into conformance with this Access Control Plan, when a formal written request documenting reasons for the change is presented by the Agency(ies) having jurisdiction, with Department concurrence, or in the opinion of the Department, with the appropriate jurisdictional agency's concurrence, any of the following conditions occur: a. The access is determined to be detrimental to the public's'health, safety and welfare; b. the access has developed an accident history that in the opinion of the Agency(ies) having jurisdiction or the Department is correctable by restricting the access; c. the access restrictions are necessitated by a change in road or traffic conditions; d. there is an approved (by the Agency(ies) having jurisdiction) change in the use of the property that would result in a change in the type of access operation as defined by the Access Code; e. a highway reconstruction project provides the opportunity to make highway and access improvements in support of this Access Control Plan; or f. the existing development does not allow for the proposed street and road network. . Access construction shall be consistent with the design and specifications of the current State Highway. Access Code. 7 DocuSign Envelope ID: 2C2CF5D8-2911-4E78-A8AE-4BBA7A94C78E • OLA #: 351001591 Routing #: 20-HA4-XE-03004 "EXHIBIT - B UNITED STATES HIGHWAY 36 AND COLORADO STATE HIGHWAY 66 (US 36 MP 2L00-MP 21.764 AND CO 66 MP 28.693-MP 47.912) ACCESS CONTROL PLAN AMENDMENT. PROCESS A request for an amendment of the Access Control Plan must be initiated by one of the Agencies. The initiating Agency will be responsible for the. costs associated with completing and documenting the Amendment. 2. Amendment requests must be submitted to and agreed upon by the affected jurisdictions: Department staff, City staff and/or County staff of the Intergovernmental Agreement, depending on the property location. The property or properties that are directly affected by the proposed amendment must be located within a jurisdiction's boundaries or within the boundaries of a legally recognized planning area, such as a Growth Management Area, for the jurisdiction to be considered an affected jurisdiction. 3. An amendment request shall include hard copy and electronic files of the following: a) Description of changes to the Access Control Plan requested b) Justification for the Amendment c) Traffic Impact Study or analysis, depending upon the magnitude of the change requested. Any affected jurisdiction of the Intergovernmental Agreement can request this supporting documentation. d) Amended Access Control Plan Table e) Amended Access Control Plan Exhibit(s)/Map(s) 4. The Agencies shall review the submittal concurrently for completenessand for consistency with the access objectives, principles, and strategies described in the Colorado State Highway 66 Access Control Plan.(March 2020) executive summary and Appendix for this corridor and with. the design criteria and permit process of the State Highway Access Coder 5. Prior to approval of an amendment, all property owners directly affected by the amendment must be notified in writing and be given thirty (30) calendar days to state any objections. If an objection is lodged, approval of the amendment must be referred to the Agencies respective governing bodies. Depending on the magnitude of the change requested, a public meeting may be required. Any affected jurisdiction of the Intergovernmental Agreement can request a public meeting. The Agency initiating the amendment request shall be responsible for all public notification and public process, unless otherwise agreed to by the Agencies. 6. Amendments must be approved in writing by the following authorized designated officials: Regional Transportation Director for the Department, the City Manager and/or County Manager. At the authorized designated official's discretion, approval may be referred to their respective governing bodies: Chief Engineer for the Department and local elected officials for the City and County. 8 DocuSign Envelope ID: 2C2CF5D8-2911-4E78-A8AE-486A7A94C78E • OLA #: 351001591 Routing #: 20-HA4-XE-03004 7. A written amendment must include the following: a) Declarations page defining the parties, effective date, and details of the amendment. Refer to sample amendment attached to this Exhibit as Exhibit C. b) Signatures page for authorized designated officials. Refer to Exhibit C. c) Amended Access Control Plan table and exhibits. Table and exhibits should be replaced in their entirety. A signed amendment must be attached to the original Intergovernmental Agreement. If a minimum of 66% (aka, five) of the affected jurisdictions of the Intergovernmental Agreement do not come to agreement on a proposed amendment, the content of the original Access Control Plan remains intact. • 9 DocuSign Envelope ID: 2C2CF.5D8-2911-4E78-A8AE-4B6A7A94C78E • OLA #: 351001591 Routing #: 20-HA4-XE-03004 "EXHIBIT — C" SAMPLE AMENDMENT TO INTERGOVERNMENTAL AGREEMENT AMONG THE TOWN OF LYONS, THE CITY OF LONGMONT, THE TOWN OF MEAD, THE TOWN OF FIRESTONE, THE COUNTY OF BOULDER, THE COUNTY OF WELD, AND THE STATE OF COLORADO . DEPARTMENT OF TRANSPORTATION DATED WHEREAS: The Town of Lyons, the City of Longmont, the Town of Mead, the Town of Firestone, the County of Boulder, and the County of Weld (hereinafter referred to collectively as the "Cities and Counties") and the State of Colorado, Department of Transportation (hereinafter referred to as the "Department"), said parties being referred to collectively herein as the "Agencies", entered into an Agreement on 2020 to adopt an Access Control Plan dated March, 2020 for the section of United States Highway 36 between McConnell Drive (M.P 21.00) and Highland Drive (M.P. 21.764), and the section of Colorado State Highway 66 between Highland Drive (M.P. 28.693) and Weld County Road 19 (M.P. 47,912) (hereinafter referred to as the "Segment"). • The Agencies desire to amend this Agreement in accordance with the attached table for the Segment. NOW, THEREFORE, the Agencies do hereby agree: The Agreement and the terms and conditions therein shall remain unchanged other than those sections and exhibits listed below: The attached table and exhibits for United States Highway 36 and Colorado State Highway 66 in Exhibit A shall be replaced with the table attached to this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year of the last party to sign. Town of Lyons, Colorado Town Administrator Date City of Longmont, Colorado • City Manager Date 10 DocuSign Envelope ID: 2C2CF508-2911-4E78-A8AE-4B6A7A94C78E OLA #: 351001591 Routing #: 20-HA4-XE-03004 Town of Mead, Colorado Town Manager Date Town of Firestone, Colorado Town Manager Date County of Boulder, Colorado County Manager Date County of Weld, Colorado Commissioner Date State of Colorado, Department of Transportation Region 4 Regional Transportation Director Date State of Colorado Department of Transportation Stephen Harelson, P.E., Chief Engineer Date 11 • • 0 RESOLUTION NO.20-36 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, PRESCRIBING THE RATE FOR PAYMENT OF CASH -IN -LIEU OF WATER RIGHT DEDICATIONS TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, the Town of Firestone ("Town") operates a municipal water system and requires the dedication of water nights in conjunction with the annexation, subdivision and development of, and water set vice to, properties within the Town.; and WHEREAS, pursuant to Sections 1.08.050 and 13.08.010 of the Firestone Municipal Code, ("Code"), the Town allows, under prescribed circumstances, and in its sole and absolute discretion for the water rights dedication requirement to be met by payment of cash in lieu the dedication; and WHEREAS, Sections 1.08.050 and 13.08.0I 0 of the Code provide that the rate for payments of cash -in - lieu of water right dedications shall be as determined by the Board of Trustees by resolution and such rate shall be not less than one hundred and ten percent (1101%) of the then current price of a Colorado Big Thompson ("CBT") unit, with an assumed annual yield of 0.6 acre-feet per CBT unit; and WHEREAS, the Board of Trustees Iast established the cash -in -lieu of water rights dedication rate by Resolution 19-61 at $43,900.00 per unit of CBT water with an assumed yield of 0.6 acre-feet per CBT unit; and WIIEREAS, the Board of Trustees in consideration of the increase in cost of a CBT unit since adoption of Resolution 19-6 t desires to repeat Resolution 19-61 and establish a new cash -in -lieu of water rights dedication rate in accordance with the requirements of Sections 1.08.050 and I3.08.010 of the Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Effective upon the adoption of this Resolution, the payment rate for cash -in -lieu of water rights dedications shall be $68,200.00 per unit of Colorado Big Thompson ("CBT") water, with an assumed yield of 0.6 acre-feet per CBT unit. Section 2. Upon adoption of this Resolution any other resolution including Resolution 19-61 setting forth the payment rate for cash -in -lieu water rights dedications of CBT water shall be repealed in their entirety. INTRODUCED, READ AND ADOPTED this 25' day of March, 2020. Aq- 'P. �jFZE�T T OF FIREST03k, COLORADO .O r r°�'M ��' �1. Ji %n , Mayor TO FORM: William F.ffiVasbi, Town Attorney • RESOLUTION NO.20-37 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ADOPTING THE TOWN OF FIRESTONE DESIGN STANDARDS AND CONSTRUCTION SPECIFICATIONS FOR PUBLIC IMPROVEMENTS 2020 EDITION WHEREAS, the Town of Firestone ("Town") Design Criteria and Construction Regulations ("Standards and Specifications") were adopted by the Town's Board of Trustees in 2002 with only minor modifications since their adoption; and WHEREAS, over the last eighteen years there have been numerous and significant updates regarding industry standards, materials and construction practices; and WHEREAS, it is, thus, essential that the Town update its Standards and Specifications to ensure that Town -owned public improvements, which include, for example, roadways, curbs, gutters and sidewalks, water, sanitary sewer and storm drainage systems, and traffic signal improvements, are designed, constructed, operated and maintained in a manner that both provides high quality facilities and ensures public safety. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Town of firestone Design Standards and Construction Specifications for Public Improvements 2020 Edition is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute same on behalf of the Town. INTRODUCED, READ AND ADOPTED this 8th day of April, 2020. f TOWN BEAT. 0 0� AUNTY, ATTEST: Jessica Koeni , own Clerk AP RO AS TO FORM: WilliaTayashi, Town Attorney TOWN OF FIRESTONE, COLORADO Bobbi Sindelar, Mayor • • FIRESTONE TABLE OF CONTENTS C .0 L o .R A p Q DESIGN STANDARDS AND CONSTRUCTION SPECIFICATIONS FOR PUBLIC IMPROVEMENTS SECTIONS GENERAL REQUIREMENTS 100 ACCEPTANCE PROCEDURES 200 SITE WORK 300 CONCRETE WORK 400 ROADWAY & ASPHALT DESIGN 500 WATER SYSTEM 600 SANITARY SEWER SYSTEM 700 STORM DRAINAGE SYSTEM 800 TRAFFIC SIGNALS 900 PARKS AND RECREATION 1000 STANDARD DETAILS CURB/GUTTER & SIDEWALKS STREETS SANITARY SEWER STORM SEWER TRAFFIC SIGNALS WATER GENERAL NOTES CONSTRUCTION GRADING ROADWAY SANITARY SEWER STORM SEWER WATER STANDARDS AND SPECIFICATIONS 112020 . ..... FIRESTONE GENERAL REQUIREMENTS c o L� o R X n :o SECTION 100 SECTION 100 : GENERAL REQUIREMENTS SECTION PAGE 110.00 TITLE........................................................................................................100-4 111.00 Purpose................................................................:...............................100-4 120.00 SCOPE.....................................................................................................100-4 121.00 Alternate Materials and Methods of Construction............................100-4 122.00 Modifications.......................................................................................100-4 123.00 Quality Control and/or Quality Assurance Testing...........................100-5 124.00 Organization, Enforcement and Interpretation.................................100-5 125.00 Liability......................................................... ........................................ 100-6 126.00 Violations.............................................................................................100-6 127.00 No Waiver of Legal Rights..................................................................100-6 128.00 Contractor's License ........... ................................................................ 100-6 130.00 SCOPE OF WORK...................................................................................100-6 131.00 Work Conditions..................................................................................100-6 131.01 Working Hours.....................................................................................100-6 131.02 Emergency Work................................................................................100-7 131.03 Final Cleanup......................................................................................100-7 132.00 Control of Work...................................................................................100-7 132.01 Authority of Town Engineer ........................... 132.02 Authority and Duties of Inspector ......................... ................................ 100-7 132.03 Contractor's Responsibility for Work .......................... ..1.00-8 .132.04 Removal of Unauthorized and Unacceptable Work............................100-8 133.00 Control of Materials..................................................... ....................100-8 133.01 Samples and Tests..................................:................................:......... 100-8 133.02 Storage of Materials.......................::.................................................. 100-9 133.03 Defective Materials ................ ............................ :................................ 100-9 140.00 GENERAL REQUIREMENTS...................................................................100-9 141.00 Protection of Public and Utility Interests ........................................... 100-9 141.01 Public Convenience and Safety., ........................................................ 100-9 141.02 Protection and Restoration of Property and Survey Monuments ........100-9 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-1 GENERAL REQUIREMENTS FIRESTONE Q MENTS c o L, o R A, o o SECTION 100 l 141.03 Surveys..................................................................... ..............---...100-10 141.04 Survey Monuments....................................::...................I................. 100-10 141.05 Protection of. Streams, Lakes and Reservoirs...................................100-11 141.06 Dust proofing ............................. ........................................................ 100-11 141-07 Traffic Control, Barricades and Warning Signs.................................100-11 142.00 Use of Town Water: ...... .................................................................... 100-13 143.00 Pavement Cuts...................................................................................100-13 143.01 Pavement Replacement Construction Requirements .......................100-13 144.00 Public Utility Easements .............................. ...... .......................100-13 150.00 PERMITS AND INSPECTIONS .................................. .........................100-14 151.00 Stormwater Quality Permit ................... .................................................... 151.01 Application for Permit......................................................................... 100-14 152.02 Permit Issuance ............... .................................... ............................. .100-15 152.03 Permit Suspension or Revocation.....................................................100-15 152.00 Public Improvement Permit .................................. ......................... 100-15 152.01 Application for Permit.......................................................................:100-15 152.02 Permit Issuance ............................................. .................................... 100-16 152.03 . 152.04 Permit Expiration ................................... ..-....................................... Permit Suspension or Revocation.....................................................100-17 100-16 152.05 Plan Review Fees..................................................---.........................100-17 152.06 Public Improvement Permit Fees......................................................100-17 152.07 Investigation. Fees (Working without a Permit)..................................100-17 153.00 Right of Way Permit..........................................................................100-18 153.01 Application for Permit........................................................................ 100-18 153.02 Permit Issuance................................................................................ 100-18 153.03 Permit Expiration....................................................................I......... 100-18 153.04 Permit Suspension or Revocation.....................................................100-19 154.00 Access Permit....................................................................................100-19 154.01 Application for Permit......................................................... I .............. 100-19 154.02 Permit Issuance................................................................................100-20 154.03 Permit Expiration ..................... ..100-20 154.04 Permit Suspension or Revocation.................. 100-20 155.00 Inspections................................:.......................................................100-20 155.01 Additional Inspections and Re -inspections ....................................... 100-21 160.00 PLANS AND SPECIFICATIONS............................................................100-21 161.00 Construction Plan Requirements. ..................................................... 100-22 . 161.01 General Requirements...................................................................:..100-22 161.02 Preliminary Construction Plan Requirements ................................ 100-22 STANDARDS AND'SPECIFICATIONS 2020 EDITION PAGE 100-2 FIRESC.TONE GENERAL REQUIREMENTS Q O L: O_ R. A'A .O' SECTION 100 161.03 Final Construction Plan Requirements..........................................100-24 162.00 Engineering Reports . ........................................................ ........100-29 162.01 Preliminary .Reports ............................ .....100-29 162.02 Final Engineering Reports .................................. .........100-39 170.00 DEFINITIONS AND ABBREVIATIONS..................................................100-44 171.00 Definitions..........................................................................................100-44 172.00 Abbreviations...................................................................................100-45 173.00 Terms..................................................................................................100-46 174.00 Specifications by Reference.............................................................100-47 • GENERAL REQUIREMENTS FIRESTONE SECTION 100 GENERAL REQUIREMENTS 110.00 TITLE SECTION 100 These regulations shall be known as the Town of Firestone Design Standards and Construction Specifications for Public Improvements 2020. Edition and may be cited as such and will be referred to herein as the STANDARDS AND SPECIFICATIONS. 111.00 Purpose The purpose of these STANDARDS AND SPECIFICATIONS is to provide acceptable standards of design, construction, quality of materials, use, location, and maintenance of all public improvements and common facilities including, but not limited to, sanitary sewer systems, water supply systems, storm drainage systems, streets, open space, parking lots and appurtenances thereto. 120.00 SCOPE The provisions of these STANDARDS AND SPECIFICATIONS shall apply to the construction, enlargement, alteration, moving, removal, conversion, demolition, repair, and excavation of any public improvements or common facilities specifically regulated herein except where an approved P.U.D. plan specifically states otherwise. The provisions of these STANDARDS AND SPECIFICATIONS apply to Town contracts, Developer contracts and private contracts. Alterations, additions, or repairs to existing improvements shall comply with all requirements of these STANDARDS AND SPECIFICATIONS unless specifically exempted in writing, by the Town . Engineer. 121.00 Alternate Materials and Methods of Construction The provisions of these STANDARDS AND SPECIFICATIONS are not intended to prevent the use of any material or method of construction not specifically prescribed by these procedures, provided any alternate has been approved and its use authorized by the Town Engineer. The Town shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding the alternate. The details of any action granting approval of an alternate shall be recorded and entered in the files of the Town. 122.00 Modifications Whenever there are practical difficulties involved in carrying out the provisions of these procedures, for example in existing Town subdivisions, or a request for a change in the provisions, the Town may grant modifications for individual cases, provided the Town shall first find that a special individual reason makes these procedures impractical, that the request is in the best interest of the Town, that the modification is in conformity with the intent and purpose of these procedures, and providing that such modification does not lessen any design requirement or any degree of integrity or safety. The details of any action granting modifications shall be recorded and entered in the files of the Town. The Town Engineer shall make the interpretation and the interpretation shall be binding and controlling in its application. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-4 FIRESTONE" GENERAL REQUIREMENTS.. c: o:. o s ,►: n o SECTION 100 123.00 Quality Control and/or Quality Assurance Testing Whenever there is insufficient evidence of compliance with any of the provisions of these STANDARDS AND SPECIFICATIONS or evidence that any material or construction does not conform to the requirements herein, the Town Engineer shall require that the Contractor have tests performed which will be used as proof of compliance. Test methods will be as specified by these STANDARDS AND SPECIFICATIONS or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Town Engineer will determine test procedures. All tests will be made by an approved agency and all costs shall be the responsibility of the contractor. Reports of such tests shall be submitted and retained by the Town. The person responsible for the Quality Control Testing and/or Quality Assurance Testing shall be. . registered as a professional engineer in the State of Colorado and practicing in this field. Technicians shall be: A. Certified as Level II or higher NICET in the specific area where they perform tests, i.e. soils, concrete, etc. 1. Technicians taking concrete samples and conducting field tests must have a valid ACI Field certification or equivalent. 2. Technicians conducting tests of Portland Cement Concrete for compressive strength shall possess a valid ACI Laboratory Grade I certification or equivalent. 3. Technicians conducting tests or Portland Cement Concrete for flexural strength and determining mixture design characteristics shall possess a valid ACI Laboratory Grade 11 certifications or equivalent. B. Technicians performing Quality Control and Quality Assurance sampling, splitting or testing on Hot Mix Asphalt Pavement materials in the field and laboratory must possess one or more of the following qualifications: Technicians sampling hot mix asphalt materials or conducting nuclear asphalt density tests must possess a valid LabCat Level A certification or equivalent. Technicians conducting tests of Asphalt Content, Bulk Specificity Gravity, Maximum Specific Gravity or Aggregate Gradation for hot mix asphalt must possess a valid LabCat Level B certification or equivalent. Technicians determining Asphalt Mixture Volumetric Properties, Hveem Stability or Resistance to Moisture Induced Damage must possess a valid LabCat Level C certification or equivalent. Recognized equivalent certifications such as CDOT or Western Alliance for Quality Transportation Construction (WAQTC) certifications for each specified field can be submitted and will be reviewed on an individual basis. 124.00 Organization, Enforcement and Interpretation The Town Engineer is authorized and directed to enforce all provisions of these STANDARDS AND SPECIFICATIONS and for such purposes he/she will have the powers of a peace officer. The Town Engineer may appoint a civil engineer, construction inspector, or other related technical officer or inspector, or other employee or consultant to act in his/her behalf. Whenever any work is being done contrary to the provisions of these STANDARDS AND SPECIFICATIONS, the Town Engineer may order the work stopped by verbal notice by his appointed representative as defined above, followed by a written notice which will be served on any. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-5 • GENERAL REQUIREMENTS FIRESTONE 4 c o L, o R n o SECTION 100 persons engaged in the doing or causing of such work to be done, and any such persons will forthwith stop such work until authorized by the Town Engineer to proceed. These STANDARDS AND SPECIFICATIONS are composed of written engineering standards, materials specifications and standard drawings. The Town Engineer shall make the interpretation of any Section, or of any difference between Sections, when appropriate, and his/her interpretation shall be binding and controlling in its applications. 126.00 Liability The Town Engineer, or his authorized representative charged with the enforcement of these STANDARDS AND SPECIFICATIONS, acting in good faith and without malice in the discharge of his duties, will not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. 126.00 Violations It shall be unlawful for any person, firm, or corporation to construct, enlarge, alter, repair, move, improve, remove, excavate, convert, demolish or operate any public improvements or common facilities or permit the same to be done in violation of these STANDARDS AND SPECIFICATIONS. 127.00 No Waiver of Legal Rights The Town will not be precluded or stopped by any measurement, estimate,_ or certificate made either before or after the completion and acceptance of the work from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate or certificate is untrue or incorrectly made; or that the work or materials do not conform in fact to these STANDARDS AND SPECIFICATIONS. 128.00 Contractor's License Any person performing work that requires a permit as detailed in Section 151.00 of these STANDARDS AND SPECIFICATIONS shall obtain a Contractor's License as set forth in the Town of Firestone's Municipal Code. 130.00 SCOPE OF WORK 131.00 Work Conditions 131.01 Working Hours All work to be completed on the project shall be performed during regular working hours as defined in Section 171.00 of these STANDARDS AND SPECIFICATIONS as adopted by Municipal Code. The Contractor will not permit overtime work outside of regular working hours or the performance of work on Saturday, Sunday or any legal holiday without receiving written consent from the Town Engineer. Requests for weekend work approval must be submitted, in writing to the Town of Firestone no later than Wednesdays at 3:30pm for subsequent weekend and requests for Holiday work approval must be submitted, in writing to the Town of Firestone no later than 7:00am two (2) business days prior to the Holiday. All expenses incurred by the Town shall.be reimbursed at a rate to be determined by the Director of Finance. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-6 'FIRESTONE GENERAL REQUIREMENTS c- o 'c.: O. R 'A. n 0 SECTION 100 131.02 Emergency Work . When, in the opinion of the Town; the Contractor has not taken sufficient precautions to ensure the safety of the public or the protection of the work to be constructed, or of adjacent structures or property which may be injured by processes of construction on account of such neglect, and an emergency may arise and immediate action is considered necessary in order to protect public or private, personal or public interests, the Town, WITH OR WITHOUT NOTICE to the Contractor or the Developer, may provide suitable protection by causing such work to be done and material to be furnished and placed as the Town may consider necessary and adequate. The cost and expense of such work and material so furnished will be borne by the Contractor or Developer and will be paid on presentation of the bills. The performance of such emergency work under the direction of the Town will in no way relieve the Contractor of responsibility for damages which may occur during or after such precaution has been taken. In an emergency threatening loss of life or extensive damage to the work or to adjoining property, and where the Developer or Contractor is unable to obtain special instructions or authorization from the Town after diligent attempts to obtain such special instruction or authorization in sufficient time to take the necessary action, the Developer or Contractor is hereby permitted to act at his own discretion to prevent such threatening loss or damage. 131.03 Final Cleanup Upon completion of the work, the Contractor shall remove from the project area all surplus and discarded materials, rubbish, and temporary structures, and leave the project area in a neat and presentable condition. The Contractor shall restore all work that has been damaged by his/her operations, to general conformity with the specifications for the item or items involved. The Contractor shall inspect the interior of all manholes, valve boxes, and catch basins within the construction limits for construction materials, dirt, stones, or other debris deposited therein by the activities of the Contractor. 132.00 Control of Work 132.01 Authority of Town Engineer The Town Engineer will have the authority to stop the work whenever such stoppage may be deemed necessary. The Town Engineer will resolve allquestions which arise as to the quality and acceptability of materials furnished, work performed, interpretation of the plans and specifications, and acceptable fulfillment of the requirements of these STANDARDS AND SPECIFICATIONS. The Town Engineer may, when he/she deems it necessary, define the schedule and/or priority of the work to be completed on the project. The .Contractor shall comply with this schedule. The Town Engineer must authorize any revision to the schedule in writing. The Town Engineer shall resolve all questions that may arise relative to the performance of the work with respect to these STANDARDS AND SPECIFICATIONS. 132.02 Authority and Duties of Inspector Inspectors are authorized to inspect all work completed and all material furnished. Inspections may . extend to all or any part of the work and to the preparation, fabrication, or manufacture of the STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-7 GENERAL REQUIREMENTS FIRESTO�� e a L o R n u o SECTION100 materials to be used. The inspector is not authorized to revoke, alter, or waive any requirements of 01 these STANDARDS AND SPECIFICATIONS. He/she is authorized to call the attention of the Contractor to any failure of the work or materials to conform to these STANDARDS AND SPECIFICATIONS. Inspectors are authorized to serve a "Field Order" when inspection of the project reveals violation(s) of these STANDARDS AND SPECIFICATIONS. The inspector will have the authority to reject materials until the Town Engineer can resolve any questions at issue. The inspector will, in no case, act as foreman or perform other duties for the Contractor, nor interfere with the management of the work done by the Contractor. Any "advice" which the inspector may give the Contractor will not be construed as binding upon the Town Engineer or the Town in any way, or release the Contractor from fulfilling all of the terms of these STANDARDS AND SPECIFICATIONS. The presence or absence of the inspector will not relieve, in any degree, the responsibility or the obligation of the Contractor. The Town Engineer and inspector will, at all times, have reasonable and safe access to the work whenever it is in preparation or progress and the Contractor will provide proper facilities for such access and inspection. 132.03 Contractor's Responsibility for Work In case of suspension of work for any cause, the Contractor, before leaving the job site, shall take such precautions as may be necessary to prevent damage to the project, provide for normal drainage and erect any necessary barricades, signs, or other facilities, at his/her expense, as directed by the Town Engineer and required by these STANDARDS AND SPECIFICATIONS. • . 132.04 Removal of Unauthorized and Unacceptable Work Work, which does not conform to the plans and specifications, and results in an inferior or unsatisfactory product, will be considered unacceptable work. Unacceptable work, whether the result of poor workmanship, poor design, use of defective materials, damage through carelessness or any other cause, found to exist prior to the final acceptance of the work will be immediately removed and acceptably replaced or otherwise satisfactorily corrected by and at the expense of the Developer or Contractor. This expense includes total and complete restoration of any disturbed surface to original or better than the original condition that existed before the repairs or replacement, regardless of improvements on lands where the repairs or replacement are required. 133.00 Control of Materials 133.01 Samples and Tests To ascertain that materials comply with contract requirements, samples will be taken and/or tests made at the source or at the job destination, at the discretion of the Town Engineer and as often as he deems it advisable or necessary. Taking of samples and completion of tests will be in accordance with standard practices except where methods and procedures for sampling materials are otherwise set forth in these STANDARDS AND SPECIFICATIONS. The Contractor shall furnish, without charge, all samples, tests and reports required by the Town • Engineer and will afford such facilities as may be necessary for collecting and forwarding them. The contractor may be required to furnish, when requested by the Town Engineer, a written statement giving the origin, composition and process of manufacture of a material. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-8 FIRESTONE GENERAL REQUIREMENTS c o►: o R A o o SECTION 100 133.02 Storage of Materials Materials shall be stored so as to insure the preservation of their quality and suitability for the work. Stored materials, even though approved prior to storage, will be subject to inspection prior to their use in the work and will meet all requirements of these STANDARDS AND SPECIFICATIONS at the time they are used. Stored materials will be located so as to facilitate inspection. With the Town Engineer's approval, portions of the right-of-way not required for public travel may be used for storage purposes and for the placing of the Contractor's materials and equipment but any additional space required will be provided by the Contractor at his expense. 133.03 Defective Materials Materials not in conformance with requirements of these STANDARDS AND SPECIFICATIONS will be considered defective and will be rejected. Rejected materials shall be removed from the work site in the time indicated by the Town Engineer. 140.00 GENERAL REQUIREMENTS 141.00 Protection of Public and Utility Interests 141.01 Public Convenience and Safety Fire hydrants will be visible and accessible to the Fire Department from the street at all times. No obstructions will be placed within five (5) feet of a fire hydrant. Unless otherwise specified, the Contractor will give notice, in writing, to the proper authorities in charge of streets, gas and water pipes, electric service, cable television and other conduits, railroads, poles, manholes, valve boxes, catch basins and all other property that may be affected by the Contractor's operations, at least seventy-two (72) hours before breaking ground. The Contractor will not hinder or interfere with any person in the protection of such property, or with the operation of utilities at any time. The Contractor must obtain all necessary information in regard to existing utilities, protect such utilities from injury, and avoid unnecessary exposure so that they will not cause injury to the public. If a temporary utility outage is required to perform the work, the contractor shall be responsible to coordinate with the Town of Firestone for determination of minimum notification time requirements and maximum time allowed for the outage. Once determined, the contractor shall notify the affected utility customers. The Contractor shall obtain all necessary information in regard to the planned installation of new utilities and cables, conduits and transformers, make proper provision and give proper notification so that new utilities and electrical equipment can be installed at the proper time without delay to the Developer or Contractor or unnecessary inconvenience to the owner. The location of new underground utilities and electrical equipment shall not be covered with pavement prior to the installation of such facilities. When the work involves excavation adjacent to any building or wall along the work, the Contractor will give property owners due and sufficient notice thereof, in writing with a copy to the Town. 141.02 Protection and Restoration of Property and Survey Monuments STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-9 FIRESTONE GENERAL REQUIREMENTS C 0 'L: 0. R A' n. 0 SECTION 100 The Developer and Contractor shall use every reasonable precaution to prevent the damage or destruction of public or private property such as poles, trees, shrubbery, crops, fences, and survey monuments adjacent to or interfering with the work, and all overhead structures such as wires, cables, within or outside of the right-of-way. The Contractor shall protect and support all water, gas, sanitary sewer, storm sewer or electrical pipes or conduits, and all railway tracks, buildings, walls, fences or other properties that are liable to be damaged during the execution of his work. He will take all reasonable and proper precautions to protect persons, animals, and vehicles from injury, and wherever necessary, will erect and maintain a fence or railing around any excavation and place a sufficient number of amber lights about the work and keep them burning from twilight until sunrise. He will employ one or more watchmen as an additional security wherever they are needed or required by the Town Engineer. The Contractor shall not prevent the flow of water in the gutters of the street and will use proper means to permit the flow of surface water along the gutters while the work is progressing. The Contractor must protect and carefully preserve all land boundary and Town survey control monuments. Any monument that may be disturbed shall be referenced and replaced by a Professional Land Surveyor registered in the State of Colorado. All monuments disturbed or removed by the Contractor, through negligence or carelessness on his part or on the part of his employees or subcontractors, shall be replaced at the Contractor's expense. Replacement of any monument shall be completed in accordance with the requirements set forth in Section 141.04 of these STANDARDS AND SPECIFICATIONS. No person shall remove or disturb any grade or line stakes or marks set by the Town Engineer for all construction. Developer and Contractor shall be responsible for the damage or destruction of property resulting from neglect, misconduct, or omission in his/her manner or method of execution or non -execution of the work, or caused by defective work or the use of unsatisfactory materials. They will restore such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or replacing it as may be directed, or they will otherwise make good such damage or destruction in an acceptable manner. Developer and Contractor will be responsible for the repair of underground pipes, wires, or conduits damaged by them or their subcontractors. Developer and Contractor shall be liable for all damage caused by storms and fire, and will under no circumstances, start fires without first securing the necessary. permits and approval of the authority having jurisdiction even though they may be ordered or required to do such burning. In burning brush, stumps, or rubbish, care must be taken not to damage any standing trees, shrubs or other property. 141.03 Surveys Surveys will conform to Colorado Bylaws and Rules of Procedures and rules of Professional Conduct of the State Board of Registration for Professional Engineers and Profession Surveyors "Revised". 141.04 Survey Monuments Permanent survey monuments (including the replacement of monuments) range points and lot pins shall be set in accordance with the requirements of Articles 51 and 53 of Title 38, Colorado Revised Statutes, and as required by the Bylaws and Rules of Procedure of the Colorado State Board of Registration for Professional Engineers and Professional Land Surveyors. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-10 FIRESTONE GENERAL REQUIREMENTS c- o L, o R .A o o SECTION 140 141.05 Protection of Streams, Lakes and Reservoirs The Developer and Contractor will take all necessary precautions to prevent pollution of streams, lakes, and reservoirs with fuels, oils, bitumen's, calcium chloride, or other harmful materials. They will conduct and schedule their operations so as to avoid or minimize siltation of streams, lakes and reservoirs. See Section 151.00 Grading and Stormwater Quality Permit. 141.06 Dust proofing The Contractor will take all necessary steps to control dust arising from operations connected with the work. Unless otherwise directed by the Town Engineer, a water truck shall always be on -site and all disturbed areas of a project shall be watered to prevent dust and wind -caused erosion. 141.07 Traffic Control, Barricades and Warning Signs All construction, maintenance, park or utility work being completed within the Public Right -of -Way must have a Traffic Control Plan (TCP) accepted by the Town Engineer. The TCP is a plan for guiding and handling traffic safely through the construction work zone. The TCP must provide safe methods for movement of pedestrians and motorists that travel through the work zone and a safe area for all workers engaged in the construction activity, The TCP shall show the location, spacing and scheduling of the usage of advance warning signs, barricades, pavement markings and other control devices. All control devices must be installed and maintained in accordance with the "Manual on Uniform Traffic Control Devices" (MUTCD) and the "CDOT Work Zone Safety Handbook", latest editions. Requirements contained in these manuals will be strictly enforced during the progress of the work. The TCP must _be job specific. In order for a TCP to be accepted by the Town Engineer it must contain, as a minimum, a drawing showing the project area and the street(s) that may be affected by the project. The drawing shall include the following information: A. Location and spacing of properly planned traffic control devices. B. The length of time that the construction will be in progress. C. The name and phone number(s) for twenty-four (24) hour contact of the Contractor's designated traffic control supervisor. D. Any special notes or information on how the traffic control operation is to be handled. The responsibilities of the Contractor shall include the following: A. Obtain a Public Improvement Permit or Right of Way Permit from the Town of Firestone Engineering Division, B. Provide timely notification to, and coordination with, the following: 1. Frederick -Firestone Fire Protection District 2. Firestone Police Department 3. Firestone Public Works Department. 4. CDOT 5. Utility Companies. 6. RTD 7. St. Vrain Valley School District S. Post Office all affected agencies including • • • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-11 GENERAL REQUIREMENTS FIRESTONE Q ENTS c SECTION 100 . C. Inform occupants of abutting properties of access limitations made necessary by the work. D. Schedule and expedite the work to cause the least inconvenience to the public. Construction or repair work will not be permitted at or in the vicinity of signalized intersections or on major streets and State Highways without advance approval of the Town Engineer and CDOT. as applicable. E. Furnish, install. and maintain required traffic control devices and facilities, as required throughout the life of the contract (including periods of suspension). F. Provide flagmen when required. G. Assure that survey crews and other employees working in or adjacent to a traveled roadway wear flagging garments as required for flagmen. H. Provide adequate safeguards for workers and the general public. I. Patrol the construction site as required insuring that all devices are in place and operating at all times. J. Remove traffic control devices when they are no longer needed. Intersections and driveways will be closed only for a minimum amount of time. The Contractor shall coordinate driveway closures with property owners with final approval by the Town Engineer. All temporary traffic lanes shall be a minimum of ten (10) feet in width unless otherwise authorized. In addition, lane clearance shall be a minimum of five (5) feet from an open excavation and two (2) feet from a curb or other vertical obstruction. Suitable surfacing must be provided for the temporary traffic lanes in work areas. When traffic is diverted from the existing pavement, temporary surfacing shall be provided as required by the Town . Engineer. Construction equipment not actively engaged in the work, employee vehicles and official vehicles of the agency shall not be parked in the vicinity of the work_ in such a manner as to further restrict traffic flow. Vehicles and equipment in continuous or frequent use may be operated or parked in the same traffic lane as the work obstruction. Construction spoil or materials may be similarly stored in this area or on the nearby parkway or sidewalk area, provided four (4) feet of sidewalk is kept clear for pedestrian use. To prevent the spoil bank from occupying too great a space at its base, toe boards may be used to keep it two (2) feet from the edge of the excavation.on one side and two (2) feet from the edge of the traffic lane on the other. Whenever necessary, trenches and excavation shall be bridged to permit an unobstructed flow of traffic. A. Bridging must be secured against displacement by using adjustable cleats, angles, bolts, or other devices. B. Bridging shall be installed to operate with minimum noise. C. The trench must be adequately shored, to support the bridging and traffic. D. Temporary paving materials (premix) shall be used to feather the edges of the plates to minimize wheel impact. E. Bridges shall be designed by a P.E. When the work area encroaches upon a sidewalk, walkway or crosswalk area, special consideration must be given to pedestrian safety. Since the pedestrian moves at a relatively slow rate, a minimum of advance warning is required. However, effort must be made to separate him from the work area. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-12 FIRESTONE GENERAL REQUIREMENTS c: o L: o R A. D O SECTION 100 All work shall be barricaded at all times and between the hours of sunset and sunrise and shall be • properly lighted so as to warn all persons. The Contractor will be responsible for all damages to the work due to failure of barricades, signs, lights, and flagmen and watchmen to protect it, and whenever evidence of such damage is found prior to acceptance the Town Engineer may order the damaged portion immediately removed and replaced by the Contractor. 142.00 Use of Town Water If the Contractor requires Town water for any part of the project, he/she must request a "Town Fire Hydrant Meters Rental Agreement" from the Public Works Department. Any theft of water, including meter jumpers, hose connections in meter pits, drawing water from fire hydrants without a Town of Firestone hydrant meter installed, or any other unauthorized use of Town water will be considered a violation of both this manual and the current adopted Town of Firestone Municipal Code. Uncontrolled usage by contractors and subcontractors will be reported to the responsible property owner. Violations will be enforced in conjunction with the Town of Firestone Municipal Code and/or building permits and inspections may be withheld until such time as violations are corrected and the Town is satisfied that proper control channels are established. 143.00 Pavement Cuts Boring, except for emergency repairs, shall be done for all underground utility installations crossing arterials or streets. An exception may also be granted when a plan is submitted to overlay the entire street (block to block), or the Town Engineer accepts such other plan. All street cuts when accepted must be saw -cut prior to street patching and an approved hot/cold mix asphalt patch shall be placed the same day the cuts are employed. Street cuts when completed shall have permanent patching within five working days, unless otherwise directed. Permittee shall be responsible for maintenance of the permanent patch for a period of two years. 9 If a pavement cut is required, the Contractor will make every effort to install a permanent, hot mix, asphalt patch within twenty-four (24) hours. The Contractor will place a temporary, all weather surface patch in all street cuts immediately after completing backfill and compaction if a permanent patch cannot be installed within twenty-four (24) hours. The Contractor will submit a schedule for the hot mix patch installation to the Town Engineer for approval in the latter case. Refer to Standard Drawings for details. When street cuts are required, the following conditions will be met so as to avoid interference with traffic: A. Street service cuts will be open only between 9.00 a.m. and 4:00 p.m.; and B. Two-way traffic will be maintained at all times around the construction area. A Traffic Control Plan (TCP) must be prepared in accordance with Section 141.08, Traffic Control, Barricades and Warning Signs, of these STANDARDS AND SPECIFICATIONS and submitted to the Town Engineer for his/her acceptance prior to the commencement of construction. 143.01 Pavement Replacement Construction Requirements Pavement replacement for street cuts will be constructed according to the Standard Details. 144.00 Public Utility Easements STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-13 E FIRESTONE GENERAL REQUIREMENTS c; o L o R n D o SECTION 100 Easements must be dedicated for public utility mains and fire hydrants that extend onto or are looped through private property. Utility services that extend onto private property and service a single property are private and will be maintained by the property owner. 150.00 PERMITS AND INSPECTIONS 151.00 Stormwater Quality Permit It shall be unlawful for any person, firm or corporation to conduct any construction activity resulting in the disturbance of one acre or more or the disturbance is less than one acre but is part of a larger common plan of development without first obtaining a Stormwater Quality Permit (SQP) for such work from the Town of Firestone. 151.01 Application for Permit Applicants for SQPs shall complete an application in writing on a form furnished by the Engineering Department. In support of the application, the applicant shall submit: A. All information required on the SQP permit and any additional information requested. by the Town. B. The application signed by the person or person responsible for compliance with the permit. C. Documentation of an application for a CDPHE_ stormwater general permit for construction activities D. A stormwater management plan (SWMP) that, in addition to the requirements of the CDPHE stormwater general permit, shall contain- 1. At a minimum, pollutant sources associated with the following construction. activities must be addressed: a) All areas of land disturbance and storage of soils b) Vehicle tracking c) Loading and unloading operations d) Outdoor storage of construction site materials, building materials, fertilizers and chemicals e) Bulk storage of materials f) Vehicle and equipment maintenance and fueling g) Significant dust or particulate generating processes h) Routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, and oils i) Concrete truck/equipment washing, including the concrete truck chute and . associated fixtures and equipment j) Dedicated asphalt and concrete batch plants k) Other areas or operations where spills can occur 1) Other non-stormwater discharges including construction dewatering not covered under the construction Dewatering Discharges general permit and wash water that may contribute pollutants to the MS4 work, access points with vehicle tracking, temporarylhaul roads, and storage and staging areas. 2. Specifications and details for installation and implementation of stormwater control measures. Appropriate control measures must be implemented prior to. the start of construction activities, must control potential pollutants during each phase of construction, and must be continued through final stabilization. Appropriate structural control measures must be maintained in operational . condition. 3. A narrative description of non-structural control measures. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-14 GENERAL REQUIREMENTS FIRESTONEC O' L. a, R SECTION 100 4. An erosion control plan that contains control measures for each phase of construction. All developments that include public improvements shall require a phased (initial, interim, and final) erosion control plan. 152.02 Permit Issuance The Town Engineer shall review the application, plans, specifications and other data filed by an applicant for a permit. Other departments of this jurisdiction may review the plans. to verify compliance with any applicable laws. If the Town Engineer finds that the work described in an application for a permit and the plans and other data filed therewith conform to the requirements of these STANDARDS AND SPECIFICATIONS and other pertinent laws and Municipal Codes and that all required fees have been paid, he/she will issue a permit to the applicant. The issuing of a permit based on plans, specifications or other data will not prevent the Town Engineer from requiring the correction of errors in said plans, specifications and other data, or from stopping construction operations which are in violation of these STANDARDS AND SPECIFICATIONS or any other regulations of this jurisdiction. A pre -construction conference shall be required prior to the issuance of any permits for construction and may be held in conjunction with pre -construction conferences for other permits. Attendance shall include the Town Engineer or his representative, the Town Inspector, and the Developer/Owner. The Town Engineer will be notified two (2) working days (forty-eight [48] hours) before the planned construction is to begin. 152.03 Permit Suspension or Revocation The Town Engineer may suspend or revoke any permit in writing, issued under the provisions of these STANDARDS AND SPECIFICATIONS whenever the permit is issued in error, or on the basis of incorrect information supplied by the applicant, or whenever such permit may have been issued in violation or is in violation of any Municipal Code or regulation of any of the provisions of these STANDARDS AND SPECIFICATIONS. In the event a permit is suspended or revoked, no refund of permit fees will be made. 152.00 Public Improvement Permit It shall be unlawful for any person, firm or corporation to construct, enlarge, alter, repair, move, improve, remove, excavate, convert or demolish any public improvements or common facilities regulated by these STANDARDS AND SPECIFICATIONS without first obtaining a Public Improvement Permit for such work from the Town Engineer. 152.01 Application for Permit Applicants for public (and private) improvement permits shall complete an application in writing on a Public Improvement Permit Fees (PIP) form furnished by the Engineering Division. Each application shall: E. Identify and describe the work to be covered by the permit for which the application is made. 0 0 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-15 FIRESTONE GENERAL REQUIREMENTS c o 'L, o R W D o SECTION 100 F. Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed work. G. Indicate the type of work or improvement intended. H. Be accompanied by plans, diagrams, computations and specifications, and other data as required in Section 160.00 of these STANDARDS AND SPECIFICATIONS. I. Be accompanied by a Construction Traffic Routing Plan as defined in Section 162.02 of these STANDARDS AND SPECIFICATIONS. J. State the valuation and the quantities of the work to be performed. K. Be signed by the applicant or his/her authorized agent, who may be required to submit evidence to indicate such authority. L. Submit a starting and completion date and give such other data and information as may be required by the Town Engineer. 152.02 Permit Issuance The Town Engineer shall review the application, plans, specifications and other data filed by an applicant for a permit. Other departments of this jurisdiction may review the plans to verify compliance with any applicable laws. If the Town Engineer finds that the work described in an application for a permit and the plans and other data filed therewith conform to the requirements of these STANDARDS AND SPECIFICATIONS and other pertinent laws and Municipal Codes and that all required fees have been paid, he/she will issue a permit to the applicant. When the Town Engineer issues a permit for which plans are required, he will endorse the plans in writing or by stamping the plans and specifications "ACCEPTED FOR CONSTRUCTION". The accepted plans and specifications will not be changed, modified, or altered without authorization from the Town Engineer, and all work will be done in conformance with the accepted plans. Two sets of accepted plans, specifications, and computations will be retained by the Town and .one set will be returned to the applicant and will be maintained at the work site at all times during the progress of the work. A pre -construction conference shall be required prior to the issuance of any permits for construction. Attendance shall include the Town Engineer or his representative, the Town Inspector, the Developer/Owner, Design Engineer, General Contractor, and Sub -contractors including: earthwork, utilities, curb and gutter, paving, and signing. The Town Engineer will be notified two (2) working days (forty-eight [48] hours) before the planned construction is to begin. The issuing and granting of a permit will not be construed to be a permit for, or an approval of, any violation of any of the provisions of these STANDARDS AND SPECIFICATIONS or of any regulations of this jurisdiction. No permit presuming to give authority to violate or cancel the provisions of these STANDARDS AND SPECIFICATIONS shall be valid. The issuing of a permit based on plans, specifications or other data will not prevent the Town Engineer from requiring the correction of errors in said plans, specifications and other data, or from stopping construction operations which are in violation of these STANDARDS AND SPECIFICATIONS or any other regulations of this jurisdiction. 152.03 Permit Expiration Every permit issued by the Town Engineer under the provisions of this section shall expire if the work • authorized by such a permit is not substantially completed by the date noted on the permit. Before such work can be recommenced, a new permit must be obtained and the fee required will be one- fourth (1/4) of the amount required for a new permit to do such work, provided no changes have STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-16 L 0 GENERAL REQUIREMENTS FIRESTONE SECTION 100 been made or required by the Town in the original plans and specifications, and, provided further, . such suspension or abandonment has not exceeded one year from the completion date noted on the permit. If substantial changes have been made or required by the Town during this period, or should more than one year have expired, the permittee shall pay a new, full permit fee. Any permittee holding a valid permit may apply, in writing, for an extension of the completion date noted on the permit if he/she is unable to complete the work by the completion date. The request must be based on good cause and the cause must be acceptable to the Town. The Town Engineer may extend the completion date for a period not to exceed one year, provided that circumstances beyond the control of the permittee have prevented action from being taken. No permit will be extended more than one (1) time. 152.04 Permit Suspension or Revocation The Town Engineer may suspend or revoke any permit, in writing, issued under the provisions of these STANDARDS AND SPECIFICATIONS whenever the permit is issued in error, or on the basis of incorrect information supplied by the applicant, or whenever such permit may have been issued in violation of any Municipal Code or regulation of any of the provisions of these STANDARDS AND SPECIFICATIONS. In the event a permit is suspended or revoked, no refund of permit fees will be made. 152.05 Plan Review Fees Plan review fees shall be paid in full at the time the Town Engineer accepts the plans and specifications and the Public Improvement Permit is issued. The plan review fees shall be sixty five . (65) percent of the Public Improvement Permit fees. Applications for which no permit is issued within one hundred eighty (180) days following the date of the application shall expire, and plans and other data submitted for review may be returned to the applicant or destroyed by the Town Engineer. The Town Engineer may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days, upon receiving written request from the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. 152.06 Public Improvement Permit Fees These fees shall be calculated on a cumulative basis. Public Improvement Permit fees shall be paid in full at the time the Town Engineer accepts the plans and specifications and the Public Improvement Permit is issued. A Public Improvement Permit shall be required for all construction work in the public right-of-way or in a public easement. However, the fee for construction of the Town's Capital Improvement Projects may be waived by the Town Engineer. 152.07 Investigation Fees (Working without a Permit) All work for which the required permit is not obtained shall cease upon written notice of the Town Engineer. A special investigation shall be made before a permit may be issued for such work. An investigation fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the plan review fee, the Public Improvement Permit fee, and the fees for the inspection time required for the investigation. The payment of such investigation fees shall not exempt any person from compliance with all other provisions of these STANDARDS AND SPECIFICATIONS nor from any penalty prescribed by law. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-17 DIRE FIRESTONE GENERAL REQUIREMENTS MENTS c, o_ L. o R. A D o: SECTION 100 153.00 Right of Way Permit For work not covered by a Public Improvement Permit, it shall be unlawful for any person, firm or corporation to do any work including but not limited to; excavation, pothole underground facilities, install, repair or modify; utilities, drive access, curb, walk, or other underground or surface improvements, within the Town's property or right-of-way without first obtaining an Right of Way Permit for such work from the Town Engineer. 153.01 Application for Permit Applicants for Right of Way permits shall complete an application in writing on a Right of Way Permit form furnished by the Engineering Division. Each application shall A. Identify and describe the work to be covered by the permit for which the application is made. B. Describe the property or right of way location on which the proposed work is to be done by street address, or similar description. that will readily identify and definitely locate the proposed work. C. Indicate the type of work or improvement intended. D. Be accompanied by plans, diagrams, computations and specifications, and other data as required in Section 160.00 of these STANDARDS AND SPECIFICATIONS. E. Be accompanied by a Construction Traffic Routing Plan as defined in Section 162.02 of these STANDARDS AND SPECIFICATIONS. F. Be signed by the applicant or his/her authorized agent, who may be required to submit evidence to indicate such authority. • G. Submit a starting and completion date and give such other data and information as may be required by the Town Engineer. 153.02 Permit Issuance The Town Engineer shall review the application, plans, specifications and other data filed by an applicant for a permit. Other departments of this jurisdiction may review the plans to verify compliance with any applicable laws. If the Town Engineer finds that the work described in an application for a permit and the plans and other data filed therewith conform to the requirements of these STANDARDS AND SPECIFICATIONS and other pertinent laws and Municipal Codes and that all required fees have been paid, he/she will issue a permit to the applicant. The Town Engineer will be notified a minimum of two (2) working days (forty-eight [481 hours) before the planned construction is to begin. The issuing and granting of a permit will not be construed to be a permit for, or an approval of, any violation of any of the provisions of these STANDARDS AND SPECIFICATIONS or of any regulations of this jurisdiction. No permit presuming to give authority to violate or cancel the provisions of these STANDARDS AND SPECIFICATIONS shall be valid. The issuing of a permit based on plans, specifications or other data will not prevent the Town Engineer from requiring the correction of errors in said plans, specifications and other data, or from stopping construction operations which are in violation of these STANDARDS AND SPECIFICATIONS or any other regulations of this jurisdiction. .153.03 Permit Expiration STANDARDS AND SPECIFICATIONS 2020EDITION PAGE 100-15 FIRESTONE SECTION100 GENERAL REQUIREMENTS C. 0. L o x A D O Every permit issued by the Town Engineer under the provisions of this section shall expire if the work authorized by such a permit is not substantially completed by the date noted on the permit. Before such work can be recommenced, a new permit must be obtained. Any permittee holding a valid permit may apply, in writing, for an extension of the completion date noted on the permit if he/she is unable to complete the work by the completion date. The request must be based on good cause and the cause must be acceptable to the Town. The Town Engineer may extend the completion date for a period not to exceed one year, provided that circumstances beyond the control of the permittee have prevented action from being taken. No permit will be extended more than one (1) time. 153.04 Permit Suspension or Revocation The Town Engineer may suspend or revoke any permit, in writing, issued under the provisions of these STANDARDS AND SPECIFICATIONS whenever the permit is issued in error, or on the basis of incorrect information supplied by the applicant, or whenever such permit may have been issued in violation of any Municipal Code or regulation of any of the provisions of these STANDARDS AND SPECIFICATIONS. In the event a permit is suspended or revoked, no refund of permit fees will be made. 154.00 Access Permit No person shall construct any access providing direct vehicular movement to or from any street from or to property in close proximity or abutting a street without an access permit issued by the Town Engineer. Access permits shall be issued only in compliance with the Access Code adopted pursuant to Section 12.06 of the Town of Firestone Municipal Code. In no event shall an access permit be issued if it is detrimental to the public health, welfare and safety. Direct access from a subdivision to a street shall be permitted only if the proposed access meets the purposes and requirements of the Access Code. Local traffic from a subdivision in close proximity to or abutting a street shall be served by an internal street system of adequate capacity, intersecting and connecting with the general street system in a manner that is safe and is consistent. 154.01 Application for Permit Applicants for Access Permits shall complete an application in writing on a Access Permit form furnished by the Engineering Division. Each application shall: . A. Identify and describe the work to be covered by the permit for which the application is made. B. Describe the property or right of way location on which the proposed work is to be done by street address, or similar description that will readily identify and definitely locate the proposed work. C. Indicate the type of work or improvement intended. D. Be accompanied by plans, diagrams, computations and specifications, and other data as required in Section 160.00 of these STANDARDS AND SPECIFICATIONS. E. Be accompanied by a Construction Traffic Routing Plan as defined in Section 162.02 of these STANDARDS AND SPECIFICATIONS. F. Be accompanied by a subdivision zoning or development plan. G. Be accompanied by a property map indicating other nearby or abutting accesses and public roads and streets. H. Be signed by the applicant or his/her authorized agent, who may be required to submit evidence to indicate such authority. is • STANDARDS AND SPECIFICATIONS 2020 EDITION I PAGE 100-19 GENERAL REQUIREMENTS F-RESTONE SECTION 100 0 I. Submit a starting and completion date and give such other data and information as may be required by the Town Engineer. 154.02 Permit Issuance The Town Engineer shall review the application, plans, specifications and other data fled by an applicant for a permit. Other departments of this jurisdiction may review the plans to verify compliance with any applicable laws. If the Town Engineer finds that the work described in an application for a permit and the plans and other data fled therewith conform to the requirements of these STANDARDS AND SPECIFICATIONS and other pertinent laws and Municipal Codes and that all required fees have been paid, they will issue a permit to the applicant. When the Town Engineer issues a permit for which plans are required, he will endorse the plans in writing or by stamping the plans and specifications "ACCEPTED FOR CONSTRUCTION'. The accepted plans and specifications will not be changed, modified, or altered without authorization from the Town Engineer, and all work will be done in conformance with the accepted plans. Two sets of accepted plans, specifications, and computations will be retained by the Town and one set will be returned to the applicant and will be maintained at the work site at all times during the progress of the work. The issuing and granting of a permit will not be construed to be a permit for, or an approval of, any violation of any of the provisions of these STANDARDS AND SPECIFICATIONS or of any regulations of this jurisdiction. No permit presuming to give authority to violate or cancel the provisions of these STANDARDS AND SPECIFICATIONS shall be valid. • The issuing of a permit based on plans, specifications or other data will not prevent the Town Engineer from requiring the correction of errors in said plans, specifications and other data, or from stopping construction operations which are in violation of these STANDARDS AND SPECIFICATIONS or any other regulations of this jurisdiction. 154.03 Permit Expiration Every permit issued by the Town Engineer under the provisions of this section shall expire if the work authorized by such a permit is not substantially completed within 1 year of permit issuance. Any permittee holding a valid permit may apply, in writing, for an extension of the completion date noted on the permit if he/she is unable to complete the work by the completion date. The request must be based on good cause and the cause must be acceptable to the Town. The Town Engineer may extend the completion date for a period not to exceed one year, provided that circumstances beyond the control of the permittee have prevented action from being taken. No _permit will be extended more than one 1 time. 154.04 Permit Suspension or Revocation The Town Engineer may suspend or revoke any permit, in writing, issued under the provisions of these STANDARDS AND SPECIFICATIONS whenever the permit is issued in error, or on the basis of incorrect information supplied by the applicant, or whenever such permit may have been issued in violation of any Municipal Code or regulation of any of the provisions of these STANDARDS AND SPECIFICATIONS. In the event a permit is suspended or revoked, no refund of permit fees Will be made. 0 155.00 Inspections STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-20 GENERAL REQUIREMENTS FIRESTONE SECTION 100 All construction work for which a Public Improvement Permit, Right of Way Permit, or Access Permit is required shall be subject to inspection by the Town Engineer. It shall be the responsibility of the person performing the work authorized by a permit to notify the Town Engineer or his/her authorized representative that such work is ready for inspection. Every request for inspection shall be filed at least one (1) working day (twenty-four [24] hours) before such inspection is desired unless otherwise stated in these STANDARDS AND SPECIFICATIONS. Such request may be in writing or by telephone, at the option of the Town Engineer. It shall be the responsibility of the person requesting inspections required by these STANDARDS AND SPECIFICATIONS to provide access to and means for proper inspection of all work. The Town Engineer will have the authority to halt construction when, in his/her opinion, these STANDARDS AND SPECIFICATIONS and/or standard construction practices are not being followed, or the work is otherwise defective will inspect all work. Whenever any portion of these STANDARDS AND SPECIFICATIONS are violated, the Town Engineer shall give the Contractor written notice listing deficiencies to be corrected and may order further construction to cease until all deficiencies are corrected. If the deficiencies are not corrected within the time limit specified in the notice, the Town Engineer may evoke enforcement options authorized by the Town of Firestone Municipal Code and/or performance guarantees under which the work is being performed. The procedure for final inspection and acceptance will be as specified in the contract documents or in Section 200, Acceptance Procedures, of these STANDARDS AND SPECIFICATIONS. 155.01 Additional Inspections and Re -inspections The Town Engineer may make or require other inspections of any work as deemed necessary to ascertain compliance with the provisions of these STANDARDS AND SPECIFICATIONS and other provisions of the Town of Firestone Municipal Code. A re -inspection fee may be assessed for each inspection or re -inspection when such portion of work for which inspection is called is not complete or when corrections called for have not been made. Re -inspection fees may be assessed when the permit is not in the possession of the permit holder or his/her agent at the work site, when the accepted plans are not readily available to the inspector, or failure to provide access on the date for which inspection is requested, or for deviating from plans accepted by the Town Engineer. This subsection is not to be interpreted as requiring re -inspection fees the first time a job is rejected for failure to comply with the requirements of these STANDARDS AND SPECIFICATIONS, but rather as controlling the practice of talling for inspections before a job is ready for such inspection or re -inspection. To obtain a re -inspection, the applicant must file an application in writing upon a form furnished for that purpose and pay the re -inspection fee. In instances where re -inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. 160.00 PLANS AND SPECIFICATIONS Three (3) sets of plans, engineering calculations, diagrams and other data shall be submitted with each application for a permit. The Town will require. that plans, computations and specifications be prepared and designed by a Registered Professional Engineer, licensed to practice in the State of Colorado. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-21 GENERALREQUIREMENTS FIRESTONE SECTION 100 EXCEPTION: THE TOWN ENGINEER MAY WAIVE THE SUBMISSION OF PLANS, CALCULATIONS, ETC., IF THEY FIND THAT THE NATURE OF THE WORK APPLIED FOR IS SUCH THAT REVIEWING OF PLANS IS NOT NECESSARY TO OBTAIN COMPLIANCE WITH THESE STANDARDS AND SPECIFICATIONS. 161.00 Construction Plan Requirements All construction plans will be checked for conformance to the STANDARDS AND SPECIFICATIONS prior to acceptance by the Engineering Division. This acceptance shall be for conformance to Town design standards and other requirements; engineering design or needs will remain the responsibility of the professional design engineer. Three (3) sets of the final plans will be submitted to the Engineering Division for review prior to acceptance. Either written comments or one (1) marked up plan set will be returned if changes are required or recommended. The written comments and/or the marked up plan set shall be returned to the Engineering Division with the revised plan set. Upon final acceptance of the construction plans by the Town Engineer, a minimum of three (3) sets of 22" by 34" full size plans, one (1) set of 11" by 17" half size plans and an electronic version of the full set in PDF format will be submitted. The sets of plans shall be signed and sealed by the registered professional engineer, licensed in the State of Colorado (in accordance with The 1973 Colorado Revised Statues, Title 12, Article 25, Paragraph 117) responsible for the design, and shall be signed by the Town Engineer. One (1) of the signed plans shall be returned to the developer/owner for the Contractor's use, and the Town shall keep two (2) sets. The Contractor shall keep the set returned to the contractor on the job for the duration of the project. All drawings and prints shall be drawn in 22" x 34" format. Should circumstances warrant changes to the accepted plans or specifications, written approval must be obtained from the Town Engineer. Copies will be given to the Developer or • Contractor and the Design Engineer. It will be the duty of the design engineer and the Contractor to record any and all changes on "as -built" drawings at the completion of the project in compliance with Section 222.00, Acceptance Procedures, of these STANDARDS AND SPECIFICATIONS. 161.01 General Requirements Plans and specifications shall be drawn to scale and shall have sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that they conform to the provisions of these STANDARDS AND SPECIFICATIONS and all relevant laws, Municipal Codes, rules and regulations. Each set of construction drawings shall include an overall utility drawing(s). The overall utility drawing(s) shall be a plan drawing at a reasonable scale (preferably 1" = 50') and shall show all of the water, sanitary sewer, storm drainage and street construction to be completed under the project. 161.02 Preliminary Construction Plan Requirements Preliminary Construction Plans shall accompany all Preliminary Plat submittals. The following items will be shown on all plan sheets: A. Title Block (lower right-hand corner preferred) B. Scale (both horizontal and vertical for plans and profiles) C. Both original date and revision date D. Name of professional engineer or firm E. Professional engineer's seal F. Drawing number(s) G. Key map STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-22 FIRESTONE GENERAL REQUIREMENTS e o L. o R. n o o. SECTION 100 The following items will be shown on the cover sheet only: A. Vicinity Map An up to date vicinity map at a scale of 1 "=2000'. 161.02.01 Plan Details A. North arrow pointing to the top of the sheet or to the right except in special cases. B. Property lines; indicate lots to be served by solid lines; other property lines dotted C. Ownership or subdivision information D. Street names and easements with width dimensions E. Existing utility line (buried) locations and depth, water, gas, telephone, storm drain, irrigation ditches, and sanitary sewers. F. Other pertinent details, i.e. houses, curbs, water courses, etc. 161.02.02 Water Supply Construction Details K Proposed water mains; 1. Size 2. Length B. Valves -- Including hydrant and blow -off valves C. Fire Hydrants D. Plan for off -site transmission mains, pump stations, special valves, and vaults, tanks, etc. 161.02.03 Sanitary Sewer Construction Details Details shall only be provided for sanitary sewer improvements proposed to be in Town right-of-way, easements, or any other Town owned property. A. Proposed sanitary sewer mains; 1. Diameters 2. Length between manholes B. Proposed manholes and cleanouts; C. Proposed future extensions D. Note if a proposed private under -drain will be needed 161.02.04 Storm Drainage Construction Details A. Drainage area plan; an overall plan of the area under study showing: 1. North arrow 2. Contours — existing and proposed finished (maximum two foot intervals) 3. Location and elevation of benchmarks 4. Property lines .... 5. Boundary lines (counties, districts, tributary area, etc.) 6. Streets and street names and approximate grades 7. Subdivision (name and location by section) 8.. Existing irrigation ditches 9. Existing drainage ways including gutter flow directions 10. Drainage sub -area boundaries 11. Easements required 12. Proposed curbs and gutters'and gutter flow directions STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-23 • 0 n u GENERAL. REQUIREMENTS FIRESTONE e o 1 0 .R V n o' SECTION 100 13. Proposed cross pans and flow directions 14. Proposed piping and open drainage ways 15. Flow calculations for 2, 5, and 100-year storm runoff 16. Path of 100-year storm runoff flows 17. Proposed inlet locations and inlet sizes B. Proposed pipes; 1. Plan 2. Size, lengths between manholes and type of pipe C. Proposed open channels; 1. Plan 2. Grades 3. Typical.cross section D. Proposed special structures (manholes, headwalls, inlets, trash gates, etc.) 1. Plan 161.02.05 Street Construction Details A. Existing irrigation ditches to be removed or piped B. Proposed curb, gutter and sidewalk C. Proposed cross -pans D. Storm drainage facilities E. Horizontal curve data, with radii, tangents, points of curvature, (P.C.), intersection (P.I.), tangency (P.T.), length of curve, and delta angle. F. Typical section of street construction showing structure and dimensions G. Stations and elevations of radius points flow line of curve. H. Proposed profile of centerlines with horizontal stationing I. Stations, lengths, and elevations of vertical curve P.C., P.I. and P.T. J. Percent slope of tangent lines K. Identify street classification, such as local, collector arterial, etc. 161.02.06 Easement Widths Water, sanitary sewer, and storm sewer easements shall be a minimum of thirty feet (30') in width. Utility locations within easements shall be a minimum of ten feet (10') from the edge of the easement to the center of pipe and 10 feet from center of pipe to center of pipe for more than one utility. For utility lines buried greater than ten feet (10'), the Engineer shall submit proposed easement width for approval by the Town Engineer. 161.02.07 Specifications and Support Documentation The following items shall also be included with submitted construction plans: A. Reference on plans to other agencies potential impacted by the project 161.03 Final Construction Plan Requirements Final Construction Plans shall accompany all Final Plat submittals. The following items will be shown on all plan sheets: . A. Title Block (lower right-hand corner preferred) B. Scale (both horizontal and vertical for plans and profiles) C. Both original date and revision date STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-24 FIRESTONE GENERAL REQUIREMENTS c_ o 1o. R Ar ❑ o' SECTION 100 D. Name of professional engineer. or firm E. Professional engineer's seal F. Drawing number(s) G. Key map The following items will be shown on the cover sheet only: A. Vicinity Map An up to date vicinity map at a scale of 1 "=2000'. B. Signature block for the Sanitary Sewer Service Provider. C. Signature block for Little Thompson Water District (Barefoot Lakes Subdivision only). D. Drawing Acceptance: All work shall be constructed to Town of Firestone Design Standards and Construction Specifications. This drawing has been reviewed and found to be in general compliance with these STANDARDS AND SPECIFICATIONS and other Town requirements. THE ENGINEERING DESIGN AND CONCEPT REMAINS THE RESPONSIBILITY OF THE PROFESSIONAL ENGINEER WHOSE STAMP AND SIGNATURE APPEAR HEREON. Accepted by: Town Engineer Date E. Variance Statement (if necessary) The applicant is requesting a variance from the Town of Firestone Design Standards and Construction Specifications for the following: 1. (list all applicable items) Accepted by: Town Engineer Date 161.03.01 Plan Details A. North arrow pointing to the top of the sheet or to the right except in special cases. B. Property lines, indicate lots to be served by solid lines; other property lines dotted C. Ownership or subdivision information D. Street names and easements with width dimensions E. Existing utility line (buried) locations and depth, water, gas, telephone, storm drain, irrigation ditches, and sanitary sewers. F. Other pertinent details, i.e. houses, curbs, water courses, etc. 161.03.02 Profile Details A. Vertical and horizontal grids with scales B. Ground.surface existing (dotted) and proposed (solid) C. Existing utility lines where crossed D. Bench marks E. Existing manhole inverts and rim elevations. 161.03.03 Water Supply Construction Details STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-25 • W] W� • 1] GENERAL REQUIREMENTS FIRESTONE SECTION 100 In addition :o the above general plan and profile details, all water supply construction plans will include the following items: A. Proposed water mains; 1. Size 2. Length 3. Materials and types of joints 4. Location dimensions B. Fittings; 1. Tees 2. Crosses 3. Reducers 4. Bends 5. Plugs 6. Blow -offs C. Valves — Including hydrant and blow -off valves D. Fire Hydrants E. Plan, profile and complete details for off -site transmission mains, pump stations, special valves, and vaults, tanks, etc. F. Standard bedding detail (cross-section) 161.03.04 Sanitary Sewer Construction Details Details shall only be provided for sanitary sewer improvements proposed to be in Town right-of-way, easements, or any other Town owned property. In addition to the general plan and profile details, all sanitary sewer construction plans will include the following: A. Proposed sanitary sewer mains; 1. Diameters 2. Materials 3. Gradients 4. Length between manholes B. Proposed manholes and cleanouts; 1. Stationing and other number designation 2. Elevation of inverts in and out of manhole 3. Elevation of manhole rim C. Location control dimensions D. Proposed future extensions E. Proposed service connections or stub -ins F. Proposed private under -drain and outfall G. Standard bedding cross-section H. Proposed concrete encasement I. Proposed cut-off walls 161.03.05 Storm Drainage Construction Details In addition to.the above general plan and profile details, all storm drainageconstruction plans will include the following: A. Drainage area plan; an overall plan of the area under study showing: 1. North arrow 2. Contours — existing and proposed finished (maximum two foot intervals) 3. Location and elevation of benchmarks STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-26 GENERAL REQUIREMENTS C L] 161.03.06 FIRESTONE SECTION 100 4. Property lines 5. Boundary lines (counties, districts, tributary area, etc.) 6. Streets and street names and approximate grades 7. Subdivision (name and location by section) 8. Existing irrigation ditches 9. Existing drainage ways including gutter flow directions 10.. Drainage sub -area boundaries 11. Easements required 12. Proposed curbs and gutters and gutter flow directions 13. Proposed cross pans and flow directions 14. Proposed piping and open drainage ways 15. Flow calculations for 2, 5, and 100-year storm runoff 16. Path of 100-year storm runoff flows 17. Critical minimum finished floor elevations for protection from 100-year runoff 18. Proposed inlet locations and inlet sizes Proposed pipes; 1. Plan showing stationing 2. Profile 3. Size, lengths between manholes and type of pipe 4. Grades 5. HGL for design storm 6. Inlet and outlet details 7. Manhole details (station number and invert elevations) 8. Typical bedding detail . Proposed open channels; 1. Plan showing stationing 2. Profile 3. Grades 4. Typical cross section 5. Lining details Proposed special structures (manholes, headwalls, inlets, trash gates, etc.) 1. Plan 2. Elevation 3. Details of design and appurtenances Street Construction Details In addition to the above general plan and profile details, all street construction plans will include the following: A. Existing irrigation ditches to be removed or piped B. Proposed curb, gutter and sidewalk C. Proposed cross -pans including spot elevation and flow direction D. Storm drainage facilities E. Slope of curb return F. Location and elevation of bench marks G. Horizontal curve data, with radii, tangents, points of curvature, (P.C.), intersection (P.I.), tangency (P.T.), length of curve, and delta angle. H. Typical section of street construction showing structure and dimensions I. Stations and elevations of radius points flow line of curve. J. Proposed profile of centerlines and flow lines of curb with horizontal stationing K. Stations, lengths, and elevations of vertical curve P.C., P.I. and P.T. L. Percent slope of tangent lines STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-27 C • • • • GENERAL REQUIREMENTS fIRESTONECSECTION 100 - O 'L, 0 R A D O' M. Limits of construction N. Show sufficient existing or future construction to assure continuity of construction O. Stations and elevations of drainage facilities and other structures P. Street light and underground service cable locations Q. Identify street classification, such as local, collector arterial, etc. R. Signing and striping plan . S. Traffic control plan — as needed 161.03.07 Area Grading Plan Details All subdivisions shall include an Area Grading Plan that shall include all pertinent information necessary to construct a dwelling on each lot. At a minimum, the following shall be included: A. Grading and drainage patterns of existing lots adjacent to subdivision B. Lot corner elevations C. Building finished floor or top of foundation elevations D. Elevations of ground outside of building to ensure proper drainage away from the foundation E. Elevations and grades of all drainage swales and side lot lines F. Elevations of all high points G. One foot contours for lots over .25 acres. The Area Grading Plan must follow the accepted Drainage Plan. 161.03.08 Erosion Control Plan Details All subdivisions shall include an erosion control plan as specified in Section 151.00 of these Standards and Specifications. Erosion control plan drawings will use the same base map as that for the Drainage Plan and shall include, at.a minimum, the following information: 1. A general location map with sufficient detail to identify drainage flow entering and leaving the development and general drainage patterns. 2. Major construction (i.e., development, irrigation ditches, existing ' detention facilities, culverts, storm sewers) along the path of drainage. 3. Basins and divides identified with topographic contours. 4. Specifications and details for erosion control measures. 5. A transition grading/drainage plan for construction activities that are phased or sequenced. All residential developments shall require a transition -grading plan. 161.03.09 Easement Widths Water, sanitary sewer, and storm sewer easements shall be a minimum of thirty feet (30') in width. Utility locations within easements shall be a minimum of ten feet (10') from the edge of the easement to the center of pipe and 10 feet from center of pipe to center of pipe for more than one utility. For buried utility lines greater'than-ten feet (10'), the Engineer shall submit proposed easement width for approval by the Town Engineer. 161.03.10 Specifications and Support Documentation The following items shall also be included with submitted construction plans: A. Town of Firestone General Notes and Standard Details. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-28 GENERAL REQUIREMENTS FIRESTONE SECTION 100 B. Reference on plans to other agency standards and specifications that are required or proposed C. Where reference to other commonly available standards and specifications will not suffice, copies of specifications are to be provided. D. Copies of written approval from other affected agencies as required. E. Soils and other test data and design calculations for street structural sections, drainage facilities and other appurtenances as required. 162.00 Engineering Reports All engineering reports shall include on the title page 1) the type of report (preliminary or final-, Phase I, II, or III for Drainage Reports), 2) the project name, 3) the preparer's name, date, and firm, and 4) P.E. seal of preparer. 162.01 Preliminary Reports The following preliminary reports must accompany all preliminary plats. The Phase I Drainage Report will be required will be required with the zoning and/or Sketch Plan submittal (number of copies to be determined during the application process). A. Preliminary Utility Report B. Phase II Drainage Report C. Traffic Analysis Report D. Geotechnical Studies E. Additional reports as required by the Town of Firestone Municipal Code 162.01.01. Preliminary Utility Report Requirements Preliminary utility reports will include the following information and data as a minimum; A. Sanitary Sewer 1. Layout/Connection to Sewer B. Water System 1. Layout/Connection with Town Water 2. Potable Water Demand (peak and average) 162.01.02 Preliminary Geotechnical Report Requirements Geotechnical and soils investigation studies are required for foundation design and pavement design. These two categories may be combined into one report when the purpose of the investigation includes both facets of design. A preliminary geotechnical report shall include the following information at a minimum: A. General Information 1. Past and present land uses and features 2. Proposed use of the land when developed 3. Surface drainage characteristics 4. A general geologic report on the area and a discussion of the soil profiles and subsurface features 5. Potential slope instability STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-29 • • • REQUIREMENTS FIRESTONE GENERAL RE QU NTS c: Q L o R n n o SECTION 100 • 6. High groundwater elevation B. Unusual Land Uses/Conditions 1. Report which identifies all unusual land uses such as landfills, open dumps, wetlands, leach fields, areas of natural springs, faults, mines, etc. These shall be presented in a written and graphical format of suitable scale. 162.01.03 Preliminary Traffic Analysis Report Required information for the preliminary traffic report shall include, but not be limited to the following. A. Land use, site and study area boundaries. B. Existing and proposed site uses. C. Existing and proposed roadways and intersections. D. Existing and proposed roadways and intersection capacities and volumes. E. Trip generation and design hour volumes. F. Trip distribution. G. Trip assignments. H. Existing and projected traffic volumes. I. Levels of service of all affected intersections for the design hour. 162,01.04 Preliminary Drainage Reports Drainage report calculations and supporting data required as set forth herein shall be prepared in accordance with the UDFCD Urban Storm Drainage Criteria Manual, . All subdivisions, re -subdivisions, planned unit developments, or other development shall submit drainage reports, construction drawings, and as -built information in accordance with these CRITERIA. Three copies of all drainage reports shall be submitted to the TOWN for review. The TOWN will retain two copies. All submitted reports should be clearly and cleanly reproduced. Photostat copies of charts, tables, nomographs, calculations, or any other reference material must be legible. Washed out or unreadable portions of the report are unacceptable and could warrant re - submittal of the report. All reports shall be typed on 8-112" x 11" paper and bound. The drawings, figures, plates, and tables shall be bound with the report or included in a pocket attached to the report. The report shall be prepared by or supervised by a professional engineer licensed in Colorado. All reports shall include a cover letter presenting the report for review as well as. a declaration of the type of report submitted (i.e., Phase -I, Phase -II, or Phase -III). incomplete or absent information may result in the report being rejected for review. Town staff will try to review the drainage reports and provide written review comments and/or acceptance within twenty-one (21) working days of the submittal. Town staff will make every effort to effect a complete review within the review period; however, Town staff cannot guarantee the review time since the response time varies with the workload being experienced. The drainage reports and/or construction plans cannot be accepted by default. The applicant shall note that acceptance of construction plans, specifications, and associated engineering reports by the TOWN shall only indicate that the plans, specifications, and reports are in general conformance with the Town's submittal requirements, current design criteria, standard engineering principles and practices, and previously approved plans and reports. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-30 OR FIRESTONE GENERAL REQUIREMENTS c, O: 'L. o R A' ,D o SECTION 100 Acceptance shall not indicate that all assumptions, calculations, and conclusions contained within • the drainage reports and/or construction plans have been thoroughly verified by Town staff. At all times, the professional engineer submitting the construction plans, specifications, and drainage reports shall be solely responsible for their accuracy and validity. All preliminary drainage studies shall have the following certification and acceptance statements: Engineer's Certification "I hereby certify that this (report type) for the design of (project name) was prepared by me (or under my direct supervision) in accordance with the provisions of the Town of Firestone Design Standards and Construction Specifications for the owners thereof. I understand that the Town of Firestone does not and will not assume liability for drainage facilities designed by others, including the designs presented in this report." (Name) Registered Professional Engineer State of Colorado No. (#) (Affix Seal) Town Acceptance • This report has been reviewed and found to be in general compliance with the Town of Firestone Design Standards and Construction Specifications and other Town requirements. THE ACCURACY AND VALIDITY OF THE ENGINEERING DESIGN. DETAILS. DIMENSIONS. QUANTITIES, AND CONCEPTS IN THIS REPORT REMAINS THE SOLE RESPONSIBILITY OF THE PROFESSIONAL ENGINEER WHOSE STAMP AND SIGNATURE APPEAR HEREON. Accepted by: Town Engineer i Date If during the construction process or at any time within one year following final acceptance by the TOWN of the completed improvements, any deficiencies or errors are discovered in the construction plans, specifications, drainage reports, or the actual constructed improvements, the TOWN shall have the right to require the developer to make any and all corrections which may be deemed necessary by the TOWN. The costs associated with any such corrections shall be the sole responsibility of the developer. Phase I Drainage Report The Phase I Drainage Report is the first step in the approval process. A Phase I Drainage Report must be submitted during the zoning and/or sketch plan process. This report will review at a conceptual level the feasibility and design characteristics of the proposed development and drainage system. Report Contents STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-31 p GENERAL REQUIREMENTS FIRESTONE 'a SECTION 100 • The Phase I Drainage Report shall be in accordance with the following outline and contain the applicable information listed: • • I: GENERAL LOCATION AND DESCRIPTION A. Location 1. All streets and- highways within and adjacent to the site or the area to be served by the drainage improvements 2. Township, range, section, 114 section 3. All major drainageways and storm drainage facilities within or adjacent to the site 4. Names of surrounding developments B. Description of Property 1 • Area in acres 2. Type of ground cover and vegetation 3. Major drainageways within the property 4. Irrigation facilities such as ditches and canals 5: Proposed land use 6. Identification of all wetland areas and the affected area in acres. II. DRAINAGE BASINS A. Major Basin Description 1. Reference to applicable major drainageway planning studies, flood hazard area delineation_ ,reports (FHAD), and flood insurance rate maps (FIRM) 2. Major drainage basin characteristics such as existing and proposed land uses within the basin 3. Discussion of existing drainage patterns 4. Identification of all irrigation facilities within 150-feet of the property boundary 5. -Identification including ownership of all lakes and ponds which either influence or may be influenced by the local drainage. Identification of all dams under the State Engineer's. Office jurisdiction including the dam's current rating, status, and pertinent sections and drawings of the dam breach analysis. B. Sub -Basin Description 1. Discussion of any Master Plan improvements designated for the site. 2. Discussion of existing drainage patterns of the property 3. Discussion of the downstream drainage flow patterns and the impact of the proposed development under existing and fully developed basin conditions III. DRAINAGE FACILITY DESIGN A. General Concept 1. Discussion of existing drainage patterns 2. Discussion of compliance with off -site runoff considerations both upstream and downstream 3. Discussion of existing drainage problems or concerns both on -site and off -site 4. Discussion of anticipated and proposed drainage patterns and facilities STANDARDS AND SPECIFICATIONS..:. 2020 EDITION PAGE 100-32 �i FIREO..:R' STONE GENERAL REQUIREMENTS SECTION 1oa 5. Discussion of wetlands issues (if any) such as mitigation or replacement. 6. Discussion of the content of tables, charts, figures, plates, or drawings presented in the report 7. Discussion of assumptions, techniques, and methodologies utilized 8. Discussion of all referenced reports and studies (i.e., are they valid, complete, etc.) B. Specific Details 1. Determine the major and minor drainage flows for the major basins 2. Discussion of potential drainage problems encountered and solutions at specific design points 3. General discussion of detention pond storage and outlet design 4. Discussion of maintenance and access aspects of the drainage facility design 5. Discussion of the drainage impacts to downstream properties C. Adaptations from Criteria 1. Identify provisions by section number for which a adaptation is requested 2. Provide specific and detailed justification for each adaptation requested IV. SUMMARY A. Overall summary including conclusions and professional opinions on the existing drainage facilities and the proposed facilities V. REFERENCES A. Reference all criteria, storm water master plans, FHADs, FIRMs, and technical information used to support the conceptual design of the proposed drainage system Drawing Contents All drawings shall be a maximum 24" x 36" in size. GENERAL LOCATION MAP The map should be at a scale of 1-inch = 1000 feet to 1=inch = 4000 feet. The map shall provide sufficient detail to identify drainage flows entering and leaving the proposed development. The map shall indicate the drainage flow paths from the upstream end of any off -site basin to the receiving major drainageway. The map shall identify any major facilities (i.e., irrigation ditches, existing detention facilities, .culverts, and storm sewers) along the flow path to the receiving major drainageway.. All major drainageways shall be identified and shown on the report drawings. Major basins are to be identified. Topographic contours are to be included FLOODPLAIN INFORMATION STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-33 • is GENERAL REQUIREMENTS FIRESTONE SECTION 100 A ma showing the location of the subject property shall be included with the report p g J P P Y P DRAINAGE PLAN Map(s) of the proposed development at a scale of 1" = 20' to 1" = 100' shall be included. The plan shall show the following: 1. Physical Characteristics (a) Existing topography with contours shown in intervals of two feet or five feet for the entire project area (b) Proposed topography with contours shown in intervals of two feet or five feet for the entire project, if available (c) Existing off -site topography with contours shown in intervals consistent with the on -site information. Off -site topography should extend as follows: (1) For projects less than one acre in size, off -site topography for a distance of at least fifty feet in every direction (2) For projects larger than one acre in size, off -site topography for a distance of at least one hundred fifty feet in every direction or as directed by the Town staff (d) Approved grading plans (shown in contour intervals consistent with the on -site information) for all adjacent properties which have not yet been constructed (e) Existing vegetation and location, type, and size of significant trees . (f) All existing wetlands areas 2. All existing drainage facilities both on -site and off -site for a distance as determined in 1(c) above. 3. Major drainageways and the approximate 100-year floodplain limits based on the most current available information 4. Proposed drainage facilities including location of detention ponds, storm sewers, channels, and corresponding outlet flow paths in a detail consistent with the proposed development plan 5. Major drainage basin boundaries and sub -basin boundaries 6. Any off -site feature influencing the proposed development and the proposed drainage system 7. Proposed drainage flow paths 8.. Legend to define map symbols Title block with revision dates in lower right corner Phase II Drainage Report The purpose of the Phase 11 Drainage Report is to refine the conceptual drainage system and identify in greater detail the problems, which may occur both on -site and off -site as a result of the proposed development. The Phase 11 Drainage Report shall be submitted with the application for the Preliminary Plat. The Phase II Drainage Report must be written in such a manner and contain enough detail to be self-explanatory (i.e., possession of the Phase I . Drainage Report is not necessary to understand the Phase 11 Drainage Report). The developer or his consultant is responsible for obtaining any and all permits, licenses, and any other documentation/correspondence that are necessary to address any STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-34 FIRESTONE GENERAL REQUIREMENTS.. c o. e,.o. A..p, o SECTION 100 additional issues such. as wetlands, floodplains, irrigation facilities, groundwater dewatering, and protection of existing utilities. Report Contents The Phase II Drainage Report shall be in accordance with the following outline and contain the applicable information listed: GENERAL LOCATION AND DESCRIPTION A. Location 1. Township, range, section, 114 section 2. All streets and highways including the existing ROW widths within 150 feet of the site 3. Major drainageways and facilities within 150 feet of the site 4. Names of surrounding developments B. Description of Property 1. Area in acres 2. Ground cover such as the type of trees, shrubs, vegetation, general soil conditions, topography, and slope 3. Major drainageways within and adjacent to the site 4. General project description 5. Irrigation facilities within and adjacent to the site 6. Proposed land use 7. Identification of all wetland areas including the affected area in acres 8. All existing easements within 150 feet of the site DRAINAGE BASINS A. Major Basin Description 1. Reference to applicable major drainageway planning studies, flood hazard area delineation reports (FHADs), and flood insurance rate maps (FIRMs) 2. Major basin drainage characteristics including existing and proposed land uses 3. Identification of all irrigation facilities within the basin 4. Identification including ownership of all lakes and ponds which either influence or may be influenced by the local drainage. Identify all dams under the State Engineer's Office jurisdiction including the dam's current rating, status, and pertinent sections and drawings of the dam breach analysis B. Sub -basin Description 1.. Discussion of historic drainage patterns of the site 2. Discussion of off -site drainage flow patterns and the impact of the proposed development under existing and fully_ developed basin conditions DRAINAGE DESIGN CRITERIA A. Development Criteria Reference and Constraints C7 ..• STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-35 REQUIREMENTS FIRESTONE GENERAL RE Q c' o L. o R A n o SECTION 100 • 1. Discussion of previous drainage studies (i.e. project master plans, Phase I Drainage Reports, etc.) for the site that influence or are influenced by the proposed drainage facilities 2. Discussion of drainage studies for adjacent properties and their effect on the proposed drainage system 3. Discussion of the drainage impact of site constraints such as streets, utilities, and existing structures 4. Discussion of wetlands issues (if any) such as mitigation or replacement. B. Hydrological Criteria 1. Identify design rainfall for the design recurrence intervals 2. Identify runoff calculation method C. Hydraulic Criteria 1. Determination of the capacity of the downstream drainage system and its ability to handle the drainage from the development site 2. Preliminary storm sewer system layout including inlets 3. Identify the allowed detention discharge and storage calculation method D.. Adaptations from Criteria 1. Identify provisions by section number for which a adaptation is requested 2. Provide specific and detailed justification for each adaptation requested . IV. DRAINAGE FACILITY.DESIGN A. General Concept 1. Discussion of the proposed drainage system and typical drainage patterns 2. Discussion of compliance with off -site runoff considerations 3. Discussion of the content of tables, charts, figures, plates, or drawings presented in the report 4. Discussion of the contents of referenced reports, studies, etc. B. Specific Details 1. Discussion of drainage'problems encountered and solutions at specific design points 2. Discussion of detention pond storage and outlet design 3. Discussion of maintenance and access aspects of the proposed design 4. Discussion of the necessity of easements and tracts for drainage purposes including the limitations of use 5. Discussion of the impacts on the downstream properties of flow release from the site 6. Discussion of the impact on existing floodplains of major drainageways and the requirements if altering the existing 100-year floodplain V. SUMMARY A. Discussion of compliance with CRITERIA, MANUAL, and major • drainageway planning studies B. Drainage Concept STANDARDS AND SPECIFICATIONS 2020EDITION PAGE 100-36 GENERAL REQUIREMENTS FIRESTONE SECTION 700 1. Describe how the drainage design will control damage due to storm • runoff both on' -site and off -site 2. Influence of the proposed development on the Major Drainageway Planning Studies recommendations VI. REFERENCES A. Reference all criteria and technical information used VI 1. APPENDICES A. Hydrologic Computations 1. Land use assumptions regarding adjacent properties 2. Major and minor storm runoff peaks at specific design points 3. Historic and fully developed runoff peaks at specific design points 4. Time of concentration and runoff coefficients for each basin and sub -basin B. Hydraulic Computations 1. Existing and proposed culvert capacities 2. Open channel typical sections, capacity, and depths 3. Detention area, volume, and depth 4. Downstream drainage system capacity to the major drainageway system C. Approval and/or Agreement Letters) 1. Approval letter(s) from other jurisdictions, canal companies, pond owners, etc., (if required) . 2. All permits, licenses, etc., for any wetland removal or mitigation as required by the USACE. Drawinq Contents All drawings shall be a maximum 24" x 36" in size. I. GENERAL LOCATION MAP A. The map should be at a scale of 1-inch = 1000-feet to 1-inch = 4000-feet B. The map shall provide sufficient detail to identify drainage flows entering and leaving the site as well as the drainage flow paths from the upstream end of any off -site basin to the major drainageway C. The map shall identify any major facilities (i.e., irrigation ditches, existing detention facilities, culverts, and storm sewers) along the entire flow path. All major drainageways shall be identified and shown on the report drawings. D. Major drainage basins are to be shown E. Topographic contours are to be included II. FI_OODPLAIN INFORMATION A. A map showing the location of the subject property shall be included with the report III. DRAINAGE PLAN STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-37 • 0 GENERAL REQUIREMENTS FIRESTONE C. o L 0 R A` n ;o' SECTION 100 A. Map(s) of the proposed development at a scale of V = 20' to 1" = 100' shall be included. The plan shall show the following: 1. Physical Characteristics: (a) Existing topography with contours shown in intervals of two feet for the entire site (b) Proposed topography with contours shown in intervals of two feet for the entire site (c) Existing off -site topography shown at a maximum of five-foot contour intervals. The off -site topography should extend as follows: (1) For projects less than one acre in size, off -site topography for a distance of at least fifty feet in every direction (2) For projects larger than one acre in size, off -site topography for a distance of at least one hundred fifty feet in every direction or as directed by the Town staff. (d) Approved grading plans (shown at a maximum of five-foot contour intervals) for all adjacent properties which have not yet been constructed (e) First -floor elevations of any existing or approved structure within one hundred fifty feet of the property line of the project. (f) Cross -sections as required by the Town Engineer to illustrate the relationship between the proposed facilities and the existing or approved facilities (g) All existing wetland areas including their area in acres 2. Existing property lines and easements 3. Streets indicating their ROW width, flow line width, curb type, sidewalk width, and approximate longitudinal slope 4. Existing drainage facilities and structures including irrigation ditches, roadside ditches, cross -pans, drainageways, and culverts. All pertinent information such as material, size, shape, slope, and location shall also be included. 5. Overall drainage basin boundary and sub -basin boundaries 6. The outfall points and flow rates for runoff from the proposed site. Delineation of the off -site flow path to the major drainageway. The drainage facilities necessary to convey the flows to the major drainageway without damaging downstream properties 7. Routing and accumulation of design flows at various critical points for the minor storm runoff using the format shown in Table 202 8. Routing and accumulation of design flows at various critical points for the major storm runoff using the format shown in Table 202 9. Required volumes and release rates for detention pond facilities and general information on the triple stage outlet design 10. 100-year floodplain delineation and corresponding water surface elevations of all existing FHAD and FEMA floodplains affecting the property 11. Locations and elevations (if known) of all existing and proposed utilities affected by or affecting the drainage system design. 12. Routing of off -site drainage flow through the site STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-38 GENERAL REQUIREMENTS FIRESTONE C: o L, o R X o .o SECTION 100 13. Legend of map symbols 14. Title block with revision dates in lower right hand corner 162.02 - Final Engineering Reports The following final reports must accompany all site plans, minor subdivision, and final plat applications (number of copies to be determined during the application process): A. Utility Report B. Phase III Drainage Report C. Traffic Analysis Report D. Geotechnical Studies E. Construction Traffic.Routing Plan F. Additional reports as required by the Town of Firestone Municipal Code 162.02.01 Final Utility Report Final utility reports will include the following information and data as a minimum: A. Sanitary Sewer 1. Layout and connection to sewer 2. Available existing downstream capacity B. Water 1. Layout and connection with Town water 2. Potable water demand (peak and average) 3. Fire flow demand 4. Peak instantaneous demand and meter sizing 5. Available pressure and capacity 6. Irrigation water demand 7. Network model of system serving development 162.02.02 Final Traffic Impact Study All preliminary plats, zoning, and commercial site plans will provide a Traffic Impact Study. Guidelines for Traffic Impact Studies The purpose of a Traffic Impact Study is to determine existing conditions in the vicinity of the development, forecast the additional traffic that it will generate, and identify internal and external transportation improvements that will be necessary to mitigate the resulting impacts. Following these guidelines when preparing a traffic impact study will present a standard format and facilitate the review process. The Town of Firestone encourages developers to maintain contact with Town personnel throughout the development process. Traffic consultants are highly encouraged to discuss projects with the Town and its representatives prior to study startup. An early meeting may be appropriate for large projects to identify the study area and specific roads and intersections that will be analyzed. The study report should identify the individual who conducted the study. • • All traffic impact studies shall contain, .as a minimum, the following information:. A. Summary of the existing conditions in the vicinity of the project . 1. Current use of the site and surrounding area (include map showing the STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-39 E FIRESTONE GENERAL REQUIREMENTS c. o 1 o x A D :o SECTION 100 general vicinity of the site) 2. Existing roadway system and traffic (daily and peak hour volumes) on roadways and intersections that will be affected (include graphic). Field traffic count data should be included in an appendix. 3. Analysis of current traffic operations (include computer printouts - to appropriate level of detail - in appendix). 4. Recent traffic accidents may need to be investigated and the effect of the proposed development determined. 5. Discussion of other potential developments in the study area that .might also affect traffic. Traffic forecasts from traffic impact studies of nearby developments may need to be included in the analysis. B. Description of the proposed development 1. Development proposal - Parcel size(s), proposed land use, number of units, size of developed area, density, etc. A site plan detailing uses, locations, and internal roads should be included if possible. 2. Trip generation tabulation. Trip generation shall be based on average rates contained in the most recent edition of the Institute of Transportation Engineers' Trig Generation. The Town shall approve any estimated rates that deviate from ITE averages or for uses where ITE information is not available. Rate and trip information shall be provided in tabular form. Any trip reductions should be calculated based on procedures outlined in ITE's most recent Trip Generation Handbook and fully documented in the report. 3. Alternative modes (transit, pedestrian, and bicycle) should be considered, as appropriate. 4. The Town's latest transportation master plan should be reviewed to determine the project conformance with it and any deviations that are proposed. C. Traffic Forecasts 1. All project -generated traffic shall be assigned to existing and planned facilities in a manner consistent with accepted traffic patterns and approved by Town staff. A graphic should be included to illustrate the assumed trip distribution. 2. Traffic volumes (peak hour and ADT) in graphical format should illustrate current year, short-term or build -out year, and long-term (20 year) traffic volumes for site -generated and total traffic. Phased development volumes and background traffic forecasts may also be appropriate. Long-range forecasts of background traffic may be based on the latest Firestone Transportation Plan or the current Regional Transportation Plan from DRCOG. D. Traffic Operations Analysis 1. The operational analysis should show impacts on the existing roadway system, the expected future roadway system, and any interim roadway system that may correspond to expected development phases. 2. There should be graphical presentation(s) of the results of the level of service (LOS) analysis for intersections and/or roads, plus tabulations if necessary to show delays or v/c percentages. Output from the computer analysis should be included in an appendix. 3. Signal warrants should be investigated at locations where signals are proposed. 4. Progression and micro -simulation analysis may be required depending on . project needs and complexity. E. Improvement recommendations 1. Roadway and intersection improvements necessary to mitigate the impacts STANDARDS AND SPECIFICATIONS 2020 EDITION . PAGE 100-40 GENERAL REQUIREMENTS FIRESTONE c: a 'L, o: ,u A" o o SECTION 100 of the project should be summarized in written format with supplemental tabulations and/or figures, which illustrate the locations and relationships of the recommendations. 2. Proposed roadway cross -sections and auxiliary lanes at intersections are of particular concern. Storage and deceleration/acceleration lengths for turn lanes should be determined according to guidelines found in the State Highway Access Code, or other recognized reference. 3. The use of low volume local road cross section within residential subdivisions should be justified. 4. Access to arterial roadways generally follows guidelines set forth in the State Highway Access Code. Regional Arterials are classified by CDOT, Principal Arterials are considered equivalent to NR-A, and Minor Arterials are comparable to NR-B. 162.02.03 Final Geotechnical Report Geotechnical and soils investigation studies are required for foundation design and pavement design. A Final Pavement Design Report is required following utility installation, completion of grading operations, and prior to placement of base course or paving materials. These two categories may be combined into one report when the purpose of the investigation includes both facets of design. A subsurface investigation for foundation and/or pavement design shall include the following information and data as a minimum: A. General Information 1. Past and present land uses and features 2. Proposed use of the land when developed 3. Structure type 4. Groundwater 5. Surface drainage characteristics 6. A general geologic report on the area and a discussion of the soil profiles and subsurface features 7. Potential slope instability B. Investigation Details 1. Type of equipment used in obtaining data 2. Date of drilling 3. Boring logs which show the elevation of the existing ground, the elevation of the top of each soil stratum encountered and the soil classification of each stratum encountered, the water level at the time of boring and the level at a later date and standard penetration test results for each soil stratum. Each hole shall be referenced to a fixed benchmark. 4. A sketch of the tested area accurately showing the locations of the borings. C. Site Conditions/Foundation Design 1. Specific information including swell potential of the soil and the effect on foundations. 2. A recommendation as to foundation types and any special procedures that may pertain to construction. 3. The effect of ground water on construction and methods to deal with any problems that may exist. 4. Recommended allowable soil bearing pressures and unconfined shearing strength. 5. Methods of prevention of swell and shrinkage of expansive soils and minimizing their effect on structures. is • • STANDARDS AND SPECIFICATIONS 2020EDITION PAGE 100-41 • 0 GENERAL REQUIREMENTS FIR"TONRESR 'A! SECTION 100 6. Natural moisture content of the soil strata.. 7. Specifications for any unusual or special construction materials required. D. Unusual Lane Uses/Conditions 1. Report which identifies all unusual land uses such as landfills, open dumps, wetlands, leach fields, areas of natural springs, faults, mines, etc. These shall be presented in a written and graphical format of suitable scale. 162.02.04 Phase III. Drainage Reports Drainage report calculations and supporting data required as set forth herein shall be prepared in accordance with the UDFCD Urban Storm Drainage Criteria Manual. The purpose of the Phase III Drainage Report is to finalize the proposed drainage system discussed in the Phase II Drainage Report and to present the final design details and calculations. This report shall contain sufficient detail to be self-explanatory and shall include all reports referenced. (i.e., possession of the Phase I Drainage Report or Phase II Drainage Report is not necessary to understand the Phase III Drainage Report). . The Phase III Drainage Report shall be submitted with the final construction drawings. The Phase III Drainage Report (which updates the Phase II Drainage Report) must be reviewed and accepted by the Engineering Division before the site plan, minor subdivision, or final plat will be signed by the TOWN. The Phase III Drainage Report shall be prepared in accordance with the outline shown in Section 162.01.04 Phase II Drainage Report - Report Contents with the exception of Part VII-B. For the.. Phase III Drainage Report, Part VII-B shall read as follows- B. Hydraulic Computations 1. Existing and proposed culvert capacities 2. Storm sewer profiles including energy grade line (EGL) and hydraulic grade line (HGL) elevations with the associated hydraulic computations 3. Gutter and street cross-section capacities compared to the maximum allowable street flows 4. Storm inlet capacity including inlet control rating at connection to storm sewer 5. Open channel design: depth, capacity, velocity, and Froude number calculations 6. Check drop and/or channel drop structure design calculations 7. Detention area, volume, design depths, and outlet capacity 8. Detention pond outlet design 9. Downstream drainage system capacity to the major drainageway 10. Rip -rap design calculations The report drawings shall follow the requirements presented in Section 162.01.04 Phase 11 Drainage .Report - Drawing Contents with the following three items added to Part III -A: 1. Proposed gutter type, street capacity, roadside ditch, slope, flow directions, and cross -pans. 2. Proposed storm sewers including inlets, manholes, culverts, and other appurtenances 3. Proposed open channels with rip -rap protection Table 202 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-42 GENERAL REQUIREMENTS FIRESTONE SECTION 1U0 C ; O L - O.. R' 'AD .O' Drawing Symbol Criteria and Hydrology Review Table r.A A = Basin Designation B = Area in acres C = Composite Runoff Coefficients B U D = Design Point Designation Summary Runoff Table (To be placed on the drainage plan) Design Point Contributing Area (acres) Runoff Peak 5-year event cfs Runoff Peak 100-year event cfs All Phase III Drainage Reports shall have the following certification and acceptance statements: Engineer's Certification "I hereby certify that this (report type) for the design of (project name) was prepared by me (or under my direct supervision) in accordance with the provisions of the Town of Firestone Design Standards and Construction Specifications for the owners thereof. I understand that the Town of Firestone does not and will not assume liability for drainage facilities designed by others, including the designs presented in this report." (Name) Registered Professional Engineer State of Colorado No. (#) (Affix Seal) Town Acceptance • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-43 GENERAL RE FIRESTONE REQUIREMENTS c o L o. A o -o, SECTION 100 This report has been reviewed and found to be in general compliance with the Town of Firestone Design Standards and Construction Specifications and other Town requirements. THE ACCURACY AND VALIDITY OF THE ENGINEERING DESIGN DETAILS DIMENSIONS QUANTITIES AND CONCEPTS IN THIS REPORT REMAINS THE SOLE RESPONSIBILITY OF THE PROFESSIONAL ENGINEER WHOSE STAMP AND SIGNATURE APPEAR HEREON. Accepted by: 170.00 171.00 Town Engineer Date DEFINITIONS AND ABBREVIATIONS Definitions Whenever the following terms are used in these STANDARDS AND SPECIFICATIONS, they will be defined as follows: Bonds - performance, labor or material payment bonds, irrevocable letters of credit and other instruments of security furnished by the Developer or Contractor and his surety in accordance with the Subdivision Agreements or other Agreements with the Town. Town - the Town of Firestone acting through the Town Engineer or his/her authorized designee. Town Municipal Code- the latest, officially adopted Town of Firestone Municipal Code. iCommon Facilities - facilities serving or held in common title by the owners or occupants of two or more dwelling units or commercial or industrial enterprises and covered by these STANDARDS AND SPECIFICATIONS. Contractor - a person that undertakes to construct, alter, move, demolish, repair, replace, excavate or add to any public improvements or common facilities covered by these STANDARDS AND SPECIFICATIONS. Days - calendar days unless otherwise specified. Developer - the person or persons legally responsible to the Town for construction of improvements within a subdivision. Town Engineer- The Town's Town Engineer or his/her authorized designee. Equipment- all machinery and equipment, together with the necessary supplies for upkeep and maintenance, and tools and apparatus necessary for the proper construction and acceptable completion of the work. Field Order— are issued .in writing when there is to be a change from what is shown on the plans and/or what is called for in the specifications, can be upgraded to a change order or construction modification order (extra work order) if costs are involved Inspector - the authorized representative of the Town Engineer assigned to make detailed . inspections of construction work to assure compliance with these STANDARDS AND SPECIFICATIONS and the plans as accepted by the Town. STANDARDS AND SPECIFICATIONS. 2020 EDITION PAGE 100-44 GENERAL REQUIREMENTS c o 1 o R n D0, : FIRESTONE SECTION 100 Plans - profiles, cross sections, drawings, and supplemental drawings, accepted by the Town • that show the locations, character, dimensions or details of the work. Public improvements - improvements under the ownership or control of the Town including but not limited to the components of the water system, sewer system, street system, park system, and storm drainage system covered by these STANDARDS AND SPECIFICATIONS. The term also includes similar improvements being built in connection with a subdivision that are intended to be dedicated to the Town. PVC (Polyvinyl Chloride) - a strong, tough plastic based on resins made by the polymerization of vinyl chloride or co -polymerization of vinyl chloride with minor amounts (not over 50%) of other unsaturated compounds, which are fashioned into sheets, tubing, pipe, conduit, containers, insulation, etc. Regular working hours - Seven (7) A.M. until seven (7) P.M. or dusk (whichever occurs first) of the same day, Monday through Friday. Arterial Streets - Nine (9) A.M. until four (4) P.M. of the same day, Monday through Friday unless approved by the Town Engineer. Special provisions - special directions, provisions or requirements peculiar to the project and not otherwise detailed or set forth in the specification. Standards and Specifications - the body of directions, provisions, and requirements contained herein, describing the method or manner of construction and the qualities and quantities of the materials and work to be furnished. Initial Acceptance - that date, as determined by the Town Engineer, when the construction project . or a specified part thereof is sufficiently completed, in accordance with these STANDARDS AND SPECIFICATIONS, so that the project or a specified part can be utilized for the purposes for which it is intended and when the warranty period begins. Supplier- an individual, firm or corporation having a direct contract with a developer or contractor or with any subcontractor for the manufacture or furnishing of any part of the supplies and/or materials to be used at or incorporated in, work at the site. 172.00 Abbreviations AASHTO - American Association of State Highway and Transportation Officials ACI - American Concrete Institute AISC - American Institute of Steel Construction ANSI - American National Standards Institute APWA - American Public Works Association ASA - American Standards Association ASTM - American Society for Testing and Materials AWG - American Wire Gauge AWWA - American Water Works Association STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-45 • FIRESTYKE GENERAL REQUIREMENTS c' 0 1 0' R' o o SECTION 100 • BPR - Bureau of Public Roads CDOT- Colorado Department of Transportation CDPHE- Colorado Department of Public Health and Environment FCC - Federal Communications Commission gpcd - gallons per capita per day gpm - gallons per minute GRC - galvanized rigid conduit IMSA- International Municipal Signal Association IPCEA - Insulated Power Cable Engineers Association ITE- Institute of Transportation Engineers MGD - million gallons per day MUTCD —Manual of Uniform Traffic Control Devices . NAPA - National Asphalt Paving Association NEC - National Electrical Code as approved by the American Standards Association NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association psi- pounds per square inch UBC- Uniform Building Code UDFCD - Urban Drainage and Flood Control District UPC- Uniform Plumbing Code UL - Underwriters Laboratories, Inc. USDA - United States Department of Agriculture 173.00 Terms Whenever, in these STANDARDS AND SPECIFICATIONS, the words "as ordered", "as directed", "as required", "as permitted", "as allowed", or words or phrases of like import are used, it will be understood that the order, direction, requirement, permission, or allowance of the Town is intended. . Similarly, the words "approved", "reasonable", "suitable", "acceptable", "accepted", "properly", "satisfactory", or words of like effect and import, unless otherwise specified herein, will mean STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-46 FIRESTONE GENERAL REQUIREMENTS c o L; o a n, .n, .o. SECTION 100 approved, reasonable, suitable, acceptable, accepted, proper, or satisfactory in the judgment of the Town. Whenever, in these STANDARDS AND SPECIFICATIONS, the words "Town Engineer" are used, it will be understood that the Town employee named therein will be whomever the Town Manager designates or whoever may be the authorized designee of the Town Engineer. 174.00 Specifications by Reference All specifications, i.e., ASTM, ACI, etc. made a portion of these STANDARDS AND SPECIFICATIONS shall be from the latest edition of said reference. Throughout these STANDARDS AND SPECIFICATIONS, any section referenced shall be deemed to include all sub -sections of that section. Any portion, of these STANDARDS AND SPECIFICATIONS that may be applicable to any other section, whether referenced or not, shall apply. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 10077 • • • FIRSIONE ACCEPTANCE PROCEDURES , c o. o; e n n. o SECTION 200 SECTION 200 ACCEPTANCE PROCEDURES SECTION PAGE 210.00 GENERAL CONDITIONS....................................................................................2 220.00 INITIAL ACCEPTANCE PROCEDURES FOR DEVELOPMENT PUBLIC IMPROVEMENTS......................:.....................................................................2 221.00 Inspection................................................................................................................2 222.00 Initial Acceptance Procedures.................................................................................3 223.00 Warranty Period Repairs, Replacement, and Maintenance of Improvements ..........3 230.00 INITIAL ACCEPTANCE PROCEDURES FOR PUBLIC IMPROVEMENTS CONTRACTED BY THE TOWN .......................................................................3 240.00 FINAL ACCEPTANCE PROCEDURES FOR DEVELOPMENT PUBLIC IMPROVEMENTS................................. .........................................................3 241.00 Final Inspection.......................................................................................................3 242.00 Final Acceptance Procedures............................................................. ....................... 4 243.00 Repairs and Replacement.......................................................................................4 250.00 FINAL ACCEPTANCE PROCEDURES FOR PUBLIC IMPROVEMENTS CONTRACTED BY THE TOWN...........................................................................4 251.00 Final Warranty Inspection.........................................................................................5 252.00 Final Acceptance Procedures..................................................................................5 253.00 Repairs and Replacement.......................................................................................5 • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 200-1 ACCEPTANCE PROCEDURES SECTION 200 210.00 GENERAL CONDITIONS FIRESTONE SECTION 200 ACCEPTANCE PROCEDURES Prior to requesting inspection for Initial Acceptance of the work: A. All temporary structures, debris, mud and waste materials shall be removed from all public property. B. A complete and accurate set of "as built" drawings as described in Section 222.00 shall be submitted to the Town Engineer. Changes to the original design drawings must be supported by documentation that contains the signature and seal of a Colorado Registered Professional Engineer. C. All relative testing certifications and documentation shall be submitted to the Town Engineer. All required certifications must contain the signature and seal of a Colorado Registered Professional Engineer. D. All other supporting documentation as may be required shall be submitted to the Town Engineer as described in Section 222.00. 220.00 INITIAL ACCEPTANCE PROCEDURES FOR DEVELOPMENT PUBLIC IMPROVEMENTS 221.00 INSPECTION Upon completion of all construction and prior to requesting Town's Initial Acceptance, the Contractor and/or Owners representative should conduct their own inspection and make all necessary corrections. When the improvements to be accepted are complete and ready for inspection, the inspection may be initiated by: A. Written request from the Developer to the Town Engineer outlining which facilities are ready for inspection, or B. The Town Engineer, if he/she determines it to be necessary, may inform the Developer that an inspection will be made, and outline those facilities which will be inspected. The Town Engineer will then schedule a date and time for inspection with members of the Town staff within one (1) week of request. Within two (2) weeks after the initial acceptance inspection, a list of deficiencies will be prepared by the Town Engineer and presented to the Developer. Within one (1) week of receipt of this list, the Developer shall submit a satisfactory time schedule for correction of the deficiencies. After the Developer and the Contractor have corrected the deficiencies, the developer must inform the Town that repairs have been made, and a follow-up inspection will be scheduled. The time schedule noted above may be extended only under special circumstances with the written approval of the Town Engineer. Should the deficiencies not be corrected in the time period outlined herein, the Town has the right to prepare another list of deficiencies and/or draw upon the'performance guarantee as specified in the improvement or subdivision agreement to complete the improvements. • • r� STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 200-2 ACCEPTANCE PROCEDURES FIRESTONE SECTION 200 . 222.00 initial Acceptance Procedures After the Public Improvements have passed inspection, the Developer shall request in writing an Initial Acceptance letter within fifteen.(15) days of inspection. - The following items must be submitted prior to Initial Acceptance being granted: A. An electronic copy of "As Built or Record Drawings" plan drawings in AutoCAD (.dwg) and PDF (pdf) format. External references must be bound to the AutoCAD file or all drawing files shall be included in a folder that will enable the drawing files to open correctly so they will not require re -mapping. B. Field inspection reports as required in Section 160.00 of these STANDARDS AND SPECIFICATIONS. C., A final sworn affidavit of construction cost, and D. Any other items required under the subdivision agreement. E. Additional "As Built or Record Drawing" information is required for entry into Town's GIS system in accordance with the current User Guide. 223.00 Warranty Period Repairs, Replacement, and Maintenance of Improvements For a two (2) year period from the date of "Initial Acceptance" of any improvements related to the Development, the Owner shall, at his own expense, take all actions necessary to maintain said improvements and make all needed repairs or replacements which, in the reasonable opinion of Firestone, shall become necessary, except that Firestone shall be responsible for snow removal. If within thirty- (30) days after Owner's receipt of written notice from Firestone requesting such repairs or replacements, Owner has not completed such repairs, Firestone may exercise its right to secure performance as provided in the Development Agreement. At least thirty- (30) days before the two- (2) years has elapsed from the issuance of the Initial Acceptance, the Developer must request an inspection for consideration of completion of the warranty period. Following inspection, a list of deficiencies will be prepared. After repairs have been made, a follow-up inspection must be requested. The warranty eriod is not over until all warranty repairs have been made. The warranty period for repairs shall be one year. 230.00 INITIAL ACCEPTANCE PROCEDURES FOR PUBLIC IMPROVEMENTS CONTRACTED BY THE TOWN The inspection and acceptance procedures for public improvements contracted by the Town are specified in the contract documents. 240.00 FINAL ACCEPTANCE PROCEDURES FOR DEVELOPMENT PUBLIC IMPROVEMENTS 241:00 Final Inspection Thirty- (30) days prior to expiration of two- (2) year warranty period and prior to requesting Town final acceptance, owner's representative should conduct their own inspection and make all necessary corrections. An inspection checklist may be obtained from the Engineering Division. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 200-3 ACCEPTANCE PROCEDURES FIRESTONE ,C SECTION 200 When the improvements to be accepted are complete and ready for final inspection, the.final inspection may be initiated by: A. Written request from the Developer to the Town Engineer outlining which facilities are ready for final inspection, or B. The Town Engineer, if he determines it to be necessary, may outline those facilities that will be inspected. The Town Engineer will then schedule a date and time for final inspection with members of the Town staff within one (1) week of request. Within two (2) weeks after the final inspection, a list of deficiencies will be prepared by the Town Engineer and presented to the Developer. Within one (1) week of receipt of this list, the Developer shall submit a schedule for correction of the deficiencies acceptable to the Town. After the Developer and the Contractor have corrected the deficiencies, the Developer must inform the Town that repairs have been made, and a follow-up final inspection will be scheduled. The time schedule noted above may be extended only under special circumstances with the written approval of the Town Engineer. Should the deficiencies not be corrected in the time period outlined herein, the Town has the right to prepare another list of deficiencies and/or draw upon the performance guarantee as specified in the improvement or subdivision agreement to complete the improvements. 242.00 Final Acceptance Procedures After the Public Improvements have passed the final inspection, the Developer shall request in writing a Final Acceptance Letter within fifteen (15) days of final inspection. 243.00 Repairs and Replacement Upon issuance of Final Acceptance, the Town will take full responsibility of the improvements, except for repairs and replacements that, in the opinion of the Town Engineer, shall become necessary for those repaired/replaced items. At the end of the warranty, items repaired/replaced under the two (2) year warranty period will be subject to an additional one (1) year warranty. If, within ten (10) days after the Developer has received written notice from the Town Engineer requesting repairs or replacements, the Developer has not undertaken to make the repairs or replacements, the Town may make the repairs and replacements and draw upon the Developer's performance guarantee as specified in the subdivision agreement. Approximately one (1) year following final acceptance, the Developer must request an inspection for consideration of completion of the warranty period. Following inspection, a list of deficiencies will be prepared. After repairs have been made, a follow-up inspection must be requested. The warranty period is not over until all warranty repairs have been made. The warranty period for repairs shall be one (1) year. 250.00 FINAL ACCEPTANCE PROCEDURES FOR PUBLIC IMPROVEMENTS CONTRACTED BY THE TOWN The inspection and construction acceptance procedures for public improvements contracted by the Town are specified in the contract documents. 0 0 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 200-4 ACCEPTANCE PROCEDURES • 251.00 Final Warranty Inspection FIRESTONE SECTION 200 Thirty- (30) days prior to expiration of two- (2) year warranty period and prior to requesting Town final acceptance, Contractor should conduct their own inspection and make all necessary corrections. An inspection checklist may be obtained from the Engineering Division. When the improvements to be accepted are complete and ready for final inspection, the final inspection may be initiated by: A Written request from the Contractor to the Town Engineer outlining which facilities are ready for final inspection, or B The Town Engineer, if he determines it to be necessary, may outline those facilities that will be inspected. The Town Engineer will then schedule a date and time for final inspection with members of the Town staff within one (1) week of request. Within two (2) weeks after the final inspection, a list of deficiencies will be prepared by the Town Engineer and presented to the Contractor. Within one (1) week of receipt of this list, the Contractor shall submit a satisfactory time schedule for correction of the deficiencies. THE DEFICIENCIES MUST BE CORRECTED WITHIN THIRTY- (30) DAYS OF THE RECEIPT OF THE LIST. After the Contractor has corrected the deficiencies, the Contractor must inform the Town that repairs have been made, and a follow-up final inspection will be scheduled. The time schedule noted above may be extended only under special circumstances with the • written approval of the Town Engineer. Should the deficiencies not be corrected in the time period outlined herein, the Town has the right to prepare another list of deficiencies and/or draw upon the performance guarantee as specified in the construction agreement to complete the improvements. 252.00 Final Acceptance Procedures After the Public Improvements have passed the final inspection, the Contractor shall request in writing a Final Acceptance Letter within fifteen (15) days of final inspection. 253.00 Repairs and Replacement Upon issuance of Final Acceptance, the Town will take full responsibility of the improvements, except for repairs and replacements that, in the opinion of the Town Engineer, shall become necessary for those repaired/re placed items. At the end of the warranty, items repaired/replaced under the two (2) year warranty period will be subject to an additional one (1) year warranty. If, within ten (10) days after the Contractor has received written notice from the Town Engineer requesting repairs or replacements, the Contractor has not undertaken to make the repairs or replacements, the Town may make the repairs and replacements and draw upon the Contractor's performance guarantee as specified in the construction agreement. Approximately one (1) year following final acceptance, the Contractor must request an inspection for consideration of completion of the warranty period. Following inspection, a list of deficiencies will be prepared. After repairs have been made, a follow-up inspection must be requested. The warranty period is not over until all warranty repairs„ have been made. The warranty period for repairs shall be one (1) year. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 200-5 SITE WORK SECTION FIRES -TOME SECTION 300 SECTION $06 SITE WORK PAGE 310.00 GENERAL..............................................................................................................3 311.00 Local Laws, Ordinances and Codes....................................................................3 312.00 Protection of Public Improvements ............... ........................................................ 3 312.01 Operation of Existing Valves...........................................................................3 312.02 Interruption of Services...................................................................................3 312.03 Equipment Operated on Streets.......................................................................4 320.00 DEMOLITIONS AND REMOVAL OF STRUCTURES AND OBSTRUCTIONS ........ 4 321.00 Bridges, Culverts and Other Drainage Structures................................................4 322.00 Pipe............................................................:.......................................................5 . 323.00 Pavements, Sidewalks, Curbs, Etc......................................................................5 . 324.00 Disposal..............................................................................................................5 330.00 SITE PREPARATION.............................................................................................5 331.00 Clearing ................ ....... ....... ................................... ........ ..................... I ... ... I.I ..... 16 332.00 Grading................................................................................................................6 333.00 Disposal................................................................... .....7 334.00 Topsoil................................................................................................................7 340.00 EARTHWORK........................................................................................................8 340.01 Definitions........................................................................................................8 340.02 Grading Tolerances.........................................................................................9 340.03 Backfill and Embankment Material..................................................................9 341.00 Excavation..........................................................................................................9 341.01 Excess Excavation ............................................ .............................10 341.02 Excavation Near Existing Structures and Utilities..........................................10 342.00 Protection of Existing Structures and Utilities....................................................10 342.01 Relocation and Replacement of Existing Structures and Utilities...................11 343.00 Excavated Material...........................................................................................11 344.00 Proof Rolling.....................................................................................................12 345.00 Embankment Fill...............................................................................................12 345.01 Structure Backfill........................................................................:..................14 345.02 Roadway Excavations, Backfill and Compaction............................................15 346.00 Grading.............................................................................................................15 347.00 Moisture Control................................................................................................15 348.00 Borrow... ................................................................... ........................................ 16 350.00 TRENCHING, BACKFILLING AND COMPACTING.............................................16 350.01 Special Conditions....................................................................:...................17 351.00 Trench Excavation for Pipelines and Service Lines...........................................17 351.01 Removal of Water .................. :............................................... ........................ 18 351.02 Preparation of Foundation for Pipe Laying....................................................18 352.00 Bedding for Pipelines and Service Lines...........................................................18 352.01 Bedding Compaction.....................................................................................19 353.00 Backfill for Pipelines and Service Lines.............................................................19 353.01 Backfill Compaction.......................................................................................20 353.02 Maintenance of Backfill............................................ :..................................... 21 STANDARDS AND SPECIFICATIONS 2020 EDI7toN PAGE 300-1 E FIlF4i0MF SITE WORK c• o. :o: x....A o SECTION 300... i354.00 Compaction Testing.............:............................................................................21 355.00 Cable Installation ..................................... ......I.......... .............................21 355.01 General ....................................... I... I..............................:........................21 355.02 Underground Installation ................... ........................... ...........................22 355.03 Overhead Installation ....................................................................................22 360.00 RESTORATION AND CLEANUP.........................................................................22 SITE WORK FIRESTONE SECTION 300 C SECTION 300 SITE WORK 310.00 GENERAL All site work and excavation shall comply with the requirements of the STANDARDS AND SPECIFICATIONS and any special criteria established by the Town. The Town Engineer, at a pre- design/pre-construction meeting, may establish special criteria. Site work shall be completed as detailed on the accepted engineering plans. Site work shall consist of demolition and removal of structures and obstructions; clearing and grubbing; overlot grading; subgrade preparation; removal of topsoil; site preparation, excavation and embankment; excavation, trenching, bedding and backfill of pipelines and service lines; excess excavation; borrow;.and restoration and cleanup. 311.00 Local Laws, Ordinances and Codes The Contractor shall comply with all current federal, state, county, and local laws, and codes pertaining to earthwork. The Contractor must obtain .all necessary permits as required in Section 100, General Conditions, of. these STANDARDS AND SPECIFICATIONS and/or any permits required by this Section prior to commencement of the work. The Contractor small notify the Town Engineer forty-eight (48) hours before the start of the work or when work is to be resumed following a delay. 312.00 Protection of Public Improvements The Contractor shall be held responsible for the protection of public improvements as stated in Section 141.00, Protection of Public and Utility Interests, of these STANDARDS AND SPECIFICATIONS. It will be the Contractor's responsibility to replace all public improvements so damaged at their own expense. Street cuts are restricted according to Section 143.00 of these STANDARDS AND SPECIFICATIONS. 312.01 Operation of Existing Valves The Public Works Department will operate all existing valves, blow -offs, and curb stops. The Contractor will operate no valve or other control device on any existing system for any, purpose unless authorized by the Town. 312.02 Interruption. of Services Before starting site work, the Contractor shall plan and .coordinate for the disconnection or interruption of all services such as water, sewer, cable T.V., telephone, gas, electric power and traffic. Disconnection and/or interruptions shall be made in accordance with the regulations of the utility that controls the supply of the service. Whenever the flow of traffic is affected, a Traffic Control Plan shall be provided in accordance with Section 141.08, Traffic Control, Barricades, and Warning Signs, of these STANDARDS AND SPECIFICATIONS. The Public Works Department shall provide a representative to be on site to observe and approve the Contractor's disconnection or interruption of the water services. Seventy-two (72) hours prior to the interruption of service, the Contractor will notify the Town of their plan and schedule. Twenty-four (24) hours prior to the interruption of service, the Contractor will notify all users in writing with a hand delivered notification whose service will be interrupted in order for them to make provisions. for STANDARDS AND SPECIFICATIONS 2020 EDMON PAGE 300-3 SITE WORK FIRESTONE SECTION300 O, L O, 'R q •D O necessary water storage. No line in service will be shut down for more than a four (4) hour period at one time. Prior approval by the Town Engineer is required for all shutdowns. 312.03 Equipment Operated on Streets Only pneumatic -tired equipment shall be permitted to operate over paved surfaces. The Contractor shall be responsible for any damage to the street surface resulting from their operation. 320.00 DEMOLITIONS AND REMOVAL OF STRUCTURES AND OBSTRUCTIONS The Contractor shall remove, wholly or in part and satisfactorily dispose of all foundations, signs, structures, fences, old pavements, abandoned pipelines, traffic signal material and any other obstructions which are not designated to remain, except for utilities and for those items which other provisions have been made for removal. All salvable material shall be clearly marked by the Town and will be removed, without unnecessary damage, in sections or pieces that may be readily transported and will be stored in locations approved by the Town Engineer. These materials may include, but shall not be limited to, manhole frames and covers, inlet grates, fence material, handrails, culverts, guardrail, walkway, roadway and parking appurtenances (traffic signals and attached hardware, including mast arms and span wire) and irrigation systems and appurtenances. The Contractor shall be required to replace any materials lost from improper storage methods or damaged by negligence. Removal of sign panel will include all work necessary to remove the panel and its attachment hardware from the existing installation. Concrete adhering to sign posts will be removed; pedestals and based will be removed to one foot (T) below the surrounding ground or subgrade. Where portions of structures are to be removed, the remainingarts shall be prepared to fit new P P P construction. The work will be done in accordance with plan details and in such a manner that materials to be left in place will be protected from damage. The Contractor at their expense shall repair all damage to portions of structures that are to remain in place. Reinforcing steel, projecting from the remaining structure, shall be cleaned and aligned to provide bond with new extension. Dowels are to be securely grouted with approved grout. Depressions resulting from the removal of structures, footings, and other obstructions, shall be filled and compacted with clean fill materials so as to eliminate hazards of cave-in, accumulation and ponding of water. Materials used in detour structures and supplied by the Contractor, shall be the property of the Contractor. After the detour is abandoned, they will completely remove the detour structure and will dispose of materials according to these STANDARDS AND SPECIFICATIONS. Immediately following demolition and removal of rubbish from the site, provided additional work is not required, the Contractor shall grade the entire contract area by filling, compacting, and leveling the site to existing adjacent grades. 321.00 Bridges, Culverts and Other Drainage Structures Bridges, culverts, and other drainage structures in use by traffic shall not be removed until the Town Engineer in accordance with Section 141.08, General Conditions, of these STANDARDS AND SPECIFICATIONS, has approved a Traffic Control Plan. Unless otherwise directed, the substructures of existing structures will be removed down to one (1) foot below natural stream bottom or ground surface. Where such portions of existing structures lie STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-4 MAP616M, WMV SITE WORK F1.RESTONE SECTION 300 C- wholly or in part within the limits of a new structure, they will be removed as necessary to accommodate the construction of the proposed structure. Steel, pre -cast concrete and wood bridges shall be carefully dismantled without unnecessary damage. Steel members to be salvaged will be match -marked with waterproof paint. 322.00 Pipe Unless otherwise provided, all pipe shall be carefully removed and cleaned; every precaution must be taken to avoid breaking or damaging the pipe. Pipes to be re-laid shall be removed and stored, when necessary, so that there will be no loss or damage before relaying. Where culverts or sewers are to be left in place and plugged, the ends shall be filled with Type III concrete. Culvert and sewer ends are to be sufficiently filled to prevent future settlement of embankments. When removing manholes, catch basins and inlets, any live sewer connected with these items will be properly reconnected, and satisfactory bypass service will be maintained during such operations. 32100 Pavements, Sidewalks, Curbs, Etc. All concrete or asphalt that is to remain shall have a straight, true line with a vertical face. Concrete or asphalt may be cut with a cutting wheel, jackhammer, or saw. If the Contractor cannot maintain a straight, true break line, the Town Engineer will order sawing. The sawing shall be done carefully, and the Contractor, at their expense will repair all damages to the concrete or asphalt to remain in place. The minimum depth of saw cuts in concrete will be two (2) inches. The Contractor shall be responsible for the cost of removal and replacement of all over break as determined by the Town Engineer. 324.00 Disposal The Contractor shall make all necessary arrangements for obtaining suitable disposal locations, and the cost involved will be included in the work. If disposal will be at other than established dumpsites, the Town Engineer may require the Contractor to furnish written permission from the property owner on whose property the materials will be placed. 330.00 SITE PREPARATION The Contractor shall complete all work necessary to satisfactorily prepare the site as shown on the accepted drawings and as specified herein. Following this preparation, the site shall be in such a condition as to easily continue with the next operation whether it is excavating, back -filling, or any other operations that are a part of the project. Site preparation includes clearing, grubbing, grading, tree and shrub removal, native grass stripping and removing and disposing of all debris within the limits of the project and such other areas as may be indicated on the plans or required by the work, except such objects as are designated to remain or are to be removed in accordance with other sections of these STANDARDS AND SPECIFICATIONS. This work shall alsoinclude the preservation from injury or defacement of all vegetation and objects designated to remain. i STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-5 SITE WORK . 331.00 Clearing FIRESTONE SECTION 300 The Town shall establish construction lines and designate all trees, shrubs, plants and other things that are to remain. The Contractor shall preserve all things designated to remain. Paint required for cut or scarred surfaces of trees or shrubs selected to remain will be an approved asphalt base paint, prepared especially for tree surgery. Branches on trees or shrubs shall be removed as directed. Branches of trees extending over the roadbed must be trimmed to give a clear working area above the roadbed surface. All trimming shall be done in accordance with Section 1000 of these Standards and Specifications. Hedges will be pulled or grubbed in such a manner as to assure complete and permanent removal. Sod. not required to be removed, must be thoroughly disked before construction of embankment. All surface objects and trees, stumps, roots and other protruding obstructions not designated to remain will be cleared and/or grubbed as required, except nonperishable solid objects which will be a minimum of two (2) feet below subgrade. Except in areas to be excavated, stump holes and other holes from which obstructions are removed must be backfilled with suitable material and compacted in accordance with these STANDARDS AND SPECIFICATIONS. The Contractor will scalp areas where excavation or embankment is to be made. Scalping will include the removal of material such as brush, roots, sod, grass, residue of agricultural crops, sawdust, and other vegetable matter from the surface of the ground. Clearing shall be performed in a careful and orderly manner with due consideration and protection of adjoining property, the public and workmen. Any damage to streets, parking lots, utilities, plants, trees, buildings or structures on private property, or to bench marks and construction staking due to the negligence of the Contractor, shall be repaired and restored to its original condition by the Contractor at their expense. Those areas which are to be saved will be clearly staked or fenced off by the Contractor per the Town's instructions and it will be the Contractor's responsibility to ensure that these areas are not damaged during the construction process. Following completion of construction, should any of these trees, shrubs or sod require replacement, it shall be done at the Contractor's expense. 332.00 Grading A Grading and Stormwater Quality Permit shall be required as specified in Section 151.00 of these STANDARDS AND SPECIFICATIONS. A. If grading is in excess of 1 acre, additional requirements must be adhered to in accordance with the Town of Firestone's Standards. Upon completion of the work, the Contractor shall provide the following information: A. An "as -graded" plan showing original ground surface elevations, as constructed ground surface elevations, lot drainage patterns, locations and elevations of all surface and subsurface drainage facilities. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-6 SITE WORK F!IORESTONE SECTION 300 C1 O' .R A ;0 0- B. A soil grading report prepared by the soils engineer including locations and elevations of field density tests, summaries of field and laboratory tests and any other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soils engineering report. C. A geological report prepared by the engineering geologist including a final description of the geology of the site including any new information disclosed during the grading, and the effect of it on recommendations incorporated in the accepted grading plan. All areas disturbed during grading operations shall have the final graded area hydro seeded or re - vegetated with native grasses in accordance with the requirements of the Town of Firestone. Seeding must be completed within sixty- (60) days of the grading completion and no longer than one hundred eighty (180) days of the commencement of grading operations at the site. The Contractor shall insure that the dust proofing requirements of Section 141.07, General Requirements, of these STANDARDS AND SPECIFICATIONS are strictly adhered to for the duration of the project. Grading of filled and unfilled areas shall be to the lines and grades indicated on the accepted plans. Grading shall be performed in conjunction with all of the necessary clearing, grubbing, stripping, filling, and compacting operations to the satisfaction of the Town. Grading shall be done by approved means. Areas adjacent to structures and other areas. inaccessible to heavy grading equipment shall be graded by manual methods. .7 Final grading shall be performed in such a manner as to provide proper drainage. In no case shall . drainage from the project site be so altered or controlled as to result in damage, or the potential for damage, to adjacent property or to any portion of the work executed under the project from erosion or flooding. 333.00 Disposal The Contractor shall make all necessary arrangements for obtaining suitable disposal locations, and the cost involved will be included in the bid price. If disposal will be at other than established dump sites, the Town Engineer may require the Contractor to furnish written permission from the property owner on whose property the materials and debris will be placed. Materials and debris shall be disposed of in a manner acceptable to the Town Engineer. Burning shall not be permitted without prior written approval of the Town Engineer and the county health department. 334.00 Topsoil The Contractor shall salvage within the project limits, or acquire when needed, loose friable loam reasonably free of admixtures of subsoil, refuse, stumps, roots, rocks, brush, weeds, heavy clay, toxic substances or other material which would be detrimental to the proper development of vegetative growth. Topsoil shall not be placed until the areas to be covered have been properly prepared and grading operations in the area have been completed. Topsoil shall be placed and spread at locations and to the thickness shown on the plans and shall be keyed to the underlying material. 01 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-7 SITE WORK • 340.00 EARTHWORK ESTONESECTION 300 This work shall consist of excavation, disposal, shaping or compaction of all material encountered within the limits of the project, including but not limited to excavation of ditches and channels, surface boulders, muck, rock, concrete foundations, slabs, stripping, etc. Excavation will be performed to the line and grade and typical cross sections indicated on accepted plans or as required by the Town Engineer. Excavation, dewatering, sheeting, and bracing shall be carried out in such a manner as to eliminate any possibility of undermining or disturbing the foundation of any existing structures or any work previously completed. This Section does not include any work that is related to trenching, backfilling and compacting (refer to Section 350.00 of these STANDARDS AND SPECIFICATIONS). Should the project warrant, the Town Engineer may require the Contractor to provide an earth - moving diagram and haul routes. 340.01 Definitions Bedding material - material that is installed under pipelines (other than sanitary sewer and water lines), riprap, low flow channel or any other place considered necessary by the Town Engineer. The thickness of this material will be as shown on the accepted plans and will normally be six (6) inches under structures and three (3) inches under the bell of any pipe. Bedding material shall meet the gradation of CDOT "No.67 Coarse Aggregate" as specified in Section 703.02 in the latest edition of the CDOT "Standard Specifications for Road and Bridge Construction Borrow - backfill or embankment material that must be acquired from designated borrow areas to make up the deficient areas that cannot be completed from excavation within work limits. All sources of borrow material must be approved by the Town Engineer. Embankment fill - earthwork consisting of embankments, including preparation of the area upon which they are to be placed, dikes within or outside right-of-way, placing and compacting of approved material within areas where unsuitable materials have been removed, and placing and compacting of embankment materials in holes, pits and other depressions to lines and grades shown on the accepted plans. Only suitable materials shall be used in construction of embankments and backflls. Proof rolling - the application of test loads over a sub -grade surface by means of a heavy pneumatic - tired vehicle to locate weak areas in sub grade. See Section 344.00 for specifications. Rock excavation - Igneous, metamorphic or sedimentary rock formations that cannot be excavated with a D-9 tractor in good repair with a single hydraulic ripper. Stabilization material- material that is to be placed in areas of over excavation of unsuitable material, or in areas of high water table to stabilize the unsuitable material. Stabilization material shall meet the gradation of "No. 4 Coarse Aggregate" as specified in Section 703.02 of the CDOT "Standard Specifications for Road and Bridge Construction". s STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-8 SITE WORK FIRESTONE SECTION 300 Structure backfill - earthen material that is installed around and over any structure as illustrated on the accepted plans. Imported structure backfill (Class i) shall meet the general gradation of "Class 1 Structure Backfill Material" as specified in Section 703.08 of the CDOT "Standard Specifications for Road and Bridge Construction". On site Class 2 structure backfill shall also meet the requirements of Section 703.08 of the CDOT Specifications for Road and Bridge Construction. Structure excavation - excavation of any and all materials over an area extending three (3) feet out from the outer most bottom edge of a proposed structure, up to existing grade or top of proposed grade (whichever comes first) at a one to one (1:1) slope. Rock formations within this area that can be removed by ripping with a D-9 tractor in good repair with a single hydraulic ripper shall be considered structure excavation. Suitable material - any earthen material consisting of on -site or similar non -organic sands, gravels, clays, silts and mixtures thereof with a maximum size of six (6) inches. Bedrock that breaks down to specified soil types and sizes during excavation hauling and placement may be considered as suitable material. Unclassified excavation - any and all earthen materials encountered, including rocks and boulders, during construction. Rock formations that can be removed by ripping with a D-9 tractor in good repair with a single hydraulic ripper are considered as unclassified excavation. Unsuitable material - any earthen material containing vegetable or organic silt, topsoil, frozen materials, trees, stumps, certain man made deposits, or industrial waste, sludge or landfill, or other undesirable materials. 340.02 Grading Tolerances All earthwork shall be carried out in such a manner that final grades, after excavation, compaction of backfill, placement of rip rap, and construction of channel lining, etc. shall conform to those illustrated by design cross sections. The final earthwork shall be considered acceptable, providing all final grade elevations do not vary from the designed elevations by more than the following: A. 0.3 feet at the top of any embankment where a cut side slope intersects the existing grade. B. 0.5 feet in all portions of the site not included in item A above. 340.03 Backfill and Embankment Material Any suitable material or borrow as defined above. Free running water shall be drained from materials before placement. 341.00 Excavation All excavated areas will be graded in a manner that will permit adequate drainage, will not disturb material outside the limits of slopes and will be within the tolerances noted in Section 340.02 of these STANDARDS AND SPECIFICATIONS. When practical, all suitable material removed from the excavation will be used in the formation of embankments, for backfilling, and for other purposes. Materials that are considered unsuitable material (including rock) or surplus by the Town Engineer • STANDARDS AND SPECIFICATIONS 2020 EoIT[oN PAGE 300-9 SITE WORK FIRES 'ONE SECTION 300 shall be disposed of by the Contractor at their expense, in accordance with Section 324.00 and 333.00 of these STANDARDS AND SPECIFICATIONS. All water pumped or drained from the work shall be disposed of in a manner satisfactory to the Town Engineer, without undue interference with other work or damage to pavements, other surfaces, or property. 341.01 Excess Excavation If in the opinion of the Town Engineer, the material at or below the depth to which excavation for structures would normally be carried is unsuitable for the required installation, it shall be removed to such widths and depths as directed by the Town Engineer and shall be replaced with stabilization material. Where the bottom of the excavation, by error of the Contractor, have been taken to a depth greater than the depth specified, shown on the accepted plans or directed by the Town Engineer, said condition shall be corrected by refilling to the proper grade with structure backfill. Should this backfill for over excavation occur in areas of high groundwater, and then the backfill material shall e stabilization material. The Town Engineer shall approve all measures taken to rectify conditions caused by over excavation, and the cost resulting from such measures shall be borne by the Contractor. If, through failure or neglect of the Contractor to conduct the excavation work in a proper manner, the surface of the subgrade is in an unsuitable condition for proceeding with construction, the • Contractor shall, at their own expense, remove the unstable material and replace it with recycled concrete, structure backfill, or other approved material so that the condition of the subgrade meets with the approval of the Town Engineer before any work is placed thereon. Failure of the Contractor to control surface or groundwater adequately, premature excavation at the work site, or other manifestations of the Contractor's neglect or improper conduct of work, as determined by the Town Engineer, shall be grounds for requiring removal and replacement of unsuitable subgrade without additional compensation. 341.02 Excavation Near Existing Structures and Utilities The Contractor's attention is directed to the fact that underground utilities may exist within or immediately adjacent to the areas of proposed construction, Where possible, these utilities are indicated on the accepted plans; however, all of the services may not have been shown on the accepted plans, and the completeness and accuracy of the information presented is unverified and without guarantee. This information is supplied for the purpose of providing the Contractor with an indication as to the approximate locations of utilities at the work areas so that he will be made aware of probable obstructions and the extent to which these may affect construction. All utility lines shall be located on the ground with location equipment well ahead of the work at all times. All such locations shall be plainly marked by coded paint symbols on pavement or by marked stakes in the ground. The Contractor at no extra cost shall provide all such work. 342.00 Protection of Existing Structures and Utilities All existing poles, pipes, wire, fences, curbs, property line markers, and other structures that, in the iopinion of the Town Engineer, must be preserved in place without being temporarily or permanently STANDARDS AND SPECIFICATIONS 2020EDITION PAGE 300-10 SITE WORK FIRESTONE SECTION 300 _ relocated, shall be carefully supported and protected from damage by the Contractor. In case of • damage, the Contractor shall notify the property owner so that proper steps may be taken to repair any and all damage done. When the property owners do not wish to make the repairs themselves, the Contractor shall repair all damage; or if not promptly done by them, the Town may have the repairs made at the expense of the Contractor. All utility services shall be supported by suitable means so that services do not fail during .construction or when tamping and settling occur. The Contractor shall be compensated for any additional work involved whenever a utility or underground structure that had not been previously anticipated is so encountered longitudinally within the excavation limits so as to severely hinder normal excavation and construction methods. The Town shall establish the cost of such work and the Contractor through a "Change Order" before any additional work is performed. 3.42.01 Relocation and Replacement of Existing Structures and Utilities If, in the course of construction, the Contractor encounters utility services and/or structures of any kind not indicated on the plans, or otherwise provided for, which encroach upon or are encountered near and substantially parallel to the edge of the excavation and which, in the opinion of the Town Engineer, will impede progress to such an extent that satisfactory construction cannot proceed, they shall be relocated or removed, later to be restored or replaced as follows: A. Whenever the Contractor encounters any of the conditions as described above and is so ordered in writing, he shall do the whole of or such portions of the work as • directed; change the location of, remove and later restore, or replace such structures; assist the Owner thereof in so doing. For such work the contractor shall be issued a change order for extra work. B. In removing existing pipes, or structures or utilities as described above, the Contractor shall use care to avoid damage to materials, and the Town Engineer shall include for payment only those new materials which, in theirjudgment, are necessary to replace those unavoidably damaged. When fences interfere with the Contractor's operations, they may remove and, unless otherwise specified, later restore them to a condition at least as good as that in which they were found immediately before the work was begun, all without additional compensation. The restoration of fences shall be done as promptly as possible and not left until the end of the construction period. 343.00 Excavated Material Excavated material shall be placed so as to minimize the inconvenience to occupants traveling on streets and driveways or adjoining properties. Excavated material shall not be deposited on private property unless written consent of the property owner(s) has been filed with the Town Engineer. . It is expressly understood that no excavated materials shall be removed from the site of the work or disposed of by the Contractor except as directed or approved by the Town Engineer, or as noted below. Suitable excavated material shall be used as backfill, fill for embankments, or other parts of the work in accordance with the appropriate sections of these STANDARDS AND SPECIFICATIONS. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-11 0 • SITE WORK FIRESTONE SECTION 300 Disposal of surplus material shall be in accordance with Section 324.00 and 333.00 of these STANDARDS AND SPECIFIC'ATIONS. 344.00 Proof Rolling Proof rolling shall be required on all subgrades and aggregate base course or where required by the Town Engineer to locate weak areas. Proof rolling shall be carried out as designated with a fully loaded 2,000 gallon single axle water truck. No separate payment shall be made for proof rolling operations. Areas of subgrade exposed and not previously disturbed but found to be weak and/or fail the test shall, at the direction of the Town Engineer, be excavated, scarified, wetted if necessary, and compacted with suitable backfill material to the requirements for density and moisture. After density and moisture requirements have been met, failed areas will require a subsequent proof roll. The Contractor shall be compensated for this work either at applicable unit bid prices or by change order. Areas of subgrade already conditioned but upon proof rolling are found to be weak and/or fail the test shall be ripped, scarified, wetted if necessary, and compacted to requirements for density and moisture. After density and moisture requirements have been met, failed areas will require a subsequent proof roll. Ail reconditioning will be at the contractor's expense. All proof rolls will be voided after twenty four (24) hours or a weather event 345.00 Embankment Fill Earth fill shall be constructed in accordance with this Section, including placing and compacting of all embankment material, and all related work as required to ensure proper bond of materials with previously placed embankment. No material shall be placed in any section of embankment until the foundation for that section has been cleared, stripped, and dewatered and compacted in accordance with these STANDARDS AND SPECIFICATIONS. The suitability of each part of the foundation for placing embankment material thereon and of all materials for use in the embankment construction will be as determined by the Town Engineer or the projects' Soils Engineer. All materials shall be placed and compacted in approximately horizontal layers of the specified thickness After subgrade has satisfactorily been prepared, the fill material shall be placed and compacted thereon and built-up in successive layers until the required elevation is reached. Fill shall be placed within the lines and grades shown on the accepted plans or as directed by the Town Engineer. No fill shall be placed on frozen surfaces, nor shall the fill material contain snow, ice, or other frozen materials. Fill for embankment shall be a homogenous mixture of stockpiled suitable material. The characteristics of the material shall be in accordance with that of suitable material as defined in Section 340.01 of these STANDARDS AND SPECIFICATIONS. STANDARDS AND SPECIFICATIONS 2020 EDMON PAGE 300-12 SITE WORK FIRESTONE SECTION 300 The filling operation shall begin in the deepest part of the area to be filled and fill shall be brought up • in essentially level lifts. Fill shall be placed in layers by an approved method. The entire surface of the work shall be maintained free from ruts and in a condition that will permit construction equipment to travel over any section readily. The lifts may be discontinued, providing that the slopes of the bonding surfaces of adjoining portions of embankment shall not be steeper than 10:1 (horizontal to vertical). Previously placed material shall be moistened in such a manner and to such depths as will ensure a satisfactory bonding surface with a new material. The Contractor shall maintain the embankment in a manner satisfactory to the Town Engineer until the Town has given final acceptance of all work. Previously sprinkling, if required, to insure proper bond and compaction, shall moisten placed, or new materials. No compacting shall be done when the material is too wet, causing yielding. If the compacted surface of the fill layer is determined to be too smooth to provide an adequate bond with the succeeding layer, the surface shall be loosened by harrowing or by some other approved method before placement of the succeeding layer. Excavated materials, which the Contractor desires to use for embankment, and which are otherwise suitable for embankment, except that, when excavated are too wet for immediate compaction, shall be dried such as to permit them to be placed in the embankment at the proper moisture content. No additional payment will be made for adding moisture to materials, whether added on fill, or for stockpiling, re -handling, or drying materials for use in the embankment. The moisture content of the embankment prior to, and during, compaction shall be distributed • uniformly throughout each layer of material. The placement moisture content for all materials shall be as noted below. The Contractor will be responsible for insuring that compaction tests will be made when the Contractor has determined that he has properly compacted the embankment. Testing shall be completed in accordance with Section 354.00 of these STANDARDS AND SPECIFICATIONS. All embankment fill shall be compacted to the percent of relative compaction shown in Table 345.00- 1 and will be equal to or greater than the minimum values shown for the various types of soil. The moisture content will be maintained within ± three percent (3%) of optimum moisture for A-1 through A-5 materials and optimum to 3% above for A-6 and A-7-6 materials during compaction. Each project shall have a soils report and specifications designed for that project, site specific. TABLE 345.00-1 AASHTO T 99 Min. AASHTO T 180 Min. Standard Proctor Modified Proctor Soil Classification Relative Compaction Relative Compaction AASHTO M 145 Percent Percent A - 1 100 95 A - 3 100 95 A - 2 - 4 100 95 A - 2 - 5 100 NIA All Others 95 NIA STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-13 SITE WORK FIRESTONE SECTION 300 C• O: L, O; gig, A' D O If at anytime the Town Engineerjudges that the degree of compaction being obtained is insufficient, they may halt operations and order that compaction tests be taken at their direction. Areas found deficient in degree of compaction shall be recompacted and regraded, if necessary. Failed compaction tests, when ordered by the Town Engineer, shall be paid for by the Contractor. 345.01 Structure Backfill Structure backfill material shall be used to backfill behind reinforced concrete structures as illustrated on the accepted plans. Structure backfill shall comply with material as described in Section 340.01 of these STANDARDS AND SPECIFICATIONS. In addition, this material shall have a liquid limit not exceeding 35 and a plasticity index of not over 15 when determined in conformity with AASHTO T 89 and T 90. Areas adjacent to structures and other areas inaccessible to mobile compaction equipment shall be compacted with suitable power -drive hand tampers or other acceptable devices. Compaction by the latter method shall be done in six- (6) inch layers, unless otherwise directed by the Town Engineer. Backfilling shall consist of placing materials in horizontal, uniform layers brought up uniformly on all sides of the structure. Backfll material shall not be deposited against the back of concrete abutments, concrete retaining walls, or the outside of cast -in -place concrete structures until the concrete has developed a strength of not less than 2,500 pounds PSI in compression. Backfill placed within two (2) feet of any structure shall be covered up evenly on all sides to avoid unequal lateral pressures. Compaction equipment or methods that produce horizontal or vertical earth pressures which may. cause excessive displacement or may damage structures, shall not be used. Unless otherwise indicated on the accepted plans or directed by the Town Engineer, all sheeting and the Contractor prior to backfilling shall remove bracing used in making structure excavation. THE EXCESSIVE USE OF WATER DURING BACKFILLING OPERATIONS WILL NOT BE PERMITTED. No compacting shall be done when material is too wet to be compacted properly; at such times the compacting work shall be suspended until the previously placed and new materials have dried out sufficiently to permit proper compacting, or such other precautions shall be taken as may be necessary to obtain proper compacting. The moisture. content of the embankment prior to, and during, compaction shall be distributed uniformly throughout each layer of material. The moisture content will be maintained within ± two percent (2%) of optimum moisture for A-1 through A-5 materials and optimum to three percent (3%) for A-6 and A-7-6 materials during compaction In the event that sufficient satisfactory backfill material is not available on the site, the Town Engineer shall direct the Contractor to import Class 1 structure materials as defined in Section 340.01 of these STANDARDS AND SPECIFICATIONS. The Contractor shall not be required to excavate below the depths of excavation indicated on the accepted plans to provide structural backfill material. However, to the extent that acceptable material is available within the excavation limits, the Contractor will.be required to excavate, transport, and compact the material without compensation beyond that which may be included for "Unclassified Excavation used as Structural Backfill" or as may be allowed for _ in the bid documents. STANDARDS AND SPECIFICATIONS 2020 E.brnoN PAGE 300-14 SITE WORK FiRtS ONE SECTION 300 • Where pipe is connected to a structure being backfilled, the bedding and backfilling procedure shall conform to the requirements of Section 352.00 and 353.00 of these STANDARDS AND SPECIFICATIONS. The Contractor shall apply the proper compactive effort and moisture control throughout the backfilling process. The Contractor shall be responsible for ensuring that compaction tests are made of the fill when the Contractor has determined that they have properly compacted the structural backfill. Testing shall be completed in accordance with Section 354.00 of these STANDARDS AND SPECIFICATIONS. Structure backfill shall be compacted in conformance with Table 345.00-1. If at any time the Town Engineer determines that the degree of compaction being obtained is insufficient, they may halt operations and order that compaction tests be taken at their direction. Areas found deficient in degree of compaction shall be recompacted and regraded, if necessary. Failed compaction tests, when ordered by the Town Engineer, shall be paid for by the Contractor. The Town will pay for additional tests ordered by the Town Engineer when test results meet the requirements of these STANDARDS AND SPECIFICATIONS. 345.02 Roadway Excavations, Backfill and Compaction Roadway excavation shall be in accordance with unclassified excavation as defined in Section 340.01 of these STANDARDS AND SPECIFICATIONS, except for areas of rock excavation as defined in the same Section. The material and execution for the roadway backfill shall conform to Section 345.00 of these STANDARDS AND SPECIFICATIONS. All roadway backfill shall be compacted to at least ninety-five percent (95%) of maximum density at optimum moisture content in accordance with ASTM Specification Designation D-698-70 (Standard Proctor). Water shall be applied uniformly during compaction to control moisture content. The moisture content will be maintained within +1- two percent (2%) of optimum moisture for A-1 through A-5 materials and optimum to two percent (2%) above for A-6 and A-7-6 materials during compaction. Prior to placement and compaction of roadway fill, all existing rubble and organic material shall be removed down to suitable existing material. The existing material shall then be scarified and roadway fill placed in accordance with Section 345.00 of these STANDARDS AND SPECIFICATIONS. 346.00 Grading Grading shall be completed in accordance with Sections 332.00 and 340.02 of these STANDARDS AND SPECIFICATIONS. 347.00 Moisture Control Moisture in fill materials shall be equal to that found in the natural unexcavated condition insofar as is practicable. If the Town Engineer determines that the fill material to be used is extremely wet, the Contractor shall spread the material on the areas to be filled and the fill shall be permitted to dry to allowable moisture content. Harrowing where necessary shall assist the drying process. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-15 SITE WORK FIRESTONE SECTION 300 o;L:oxA.;uo If, in the opinion of the Town Engineer, additional moisture is required, water shall be applied by some sprinkling device in such a way as to provide uniform distribution over the area to be treated with accurate control of the rate and quantity of water applied. If excessive amounts of water are added or if rain should cause excessive wetness, the area shall be allowed to dry as described above. The moisture content of the fill shall be as near to optimum moisture content as possible, to create the least compactive effort to obtain maximum density. 348.00 Borrow It will be the Contractor's responsibility to stockpile suitable backfill material, both for embankment fill and structure backfill, in anticipation for use in other areas of the project. Only at the time that they estimate that they have sufficient suitable backfill material stockpiled to complete the project, should they proceed to haul excavated material from the site. If the Contractor should fail to preserve, on - site, sufficient suitable material, and should haul off and dispose of suitable material, they shall be responsible for recovering said suitable material to the site for use, at their sole cost. Should there be an insufficient quantity of material available on site for completion of the necessary embankment and structure backfill operations, the Contractor shall furnish approved backfill material as defined in Section 340.01 of these STANDARDS AND SPECIFICATIONS. 350.00 TRENCHING, BACKFILLING AND COMPACTING This work shall consist of furnishing all labor, materials, tools and equipment for trenching, bedding, backfill and compaction for all underground utilities as specified herein and shown on the accepted plans. The excavation shall be made to lines and grades shown on the accepted plans and as established by the Town Engineer. Except where shown otherwise on the accepted plans and except where the Town Engineer gives written permission to do otherwise, all trench excavation shall be made by open cut to the depth required to construct the pipelines as shown on the accepted plans. All excavation shall be unclassified. When excavating in concrete or asphalt areas, the limits of the trench shall be string lined and the surface cut in a vertical plane by sawing, cutting wheel or jack hammering. Vertical edges shall be cut to a vertical plane to a point one (1) foot outside the limits of excavation prior to placing the resurfacing material. The maximum size of street cut in existing major arterial or collector streets will be eight (8) feet square; pushing or boring, unless otherwise approved in writing by the Town Engineer, will install.the remainder of the line under the finished street. Surface materials such as concrete and asphalt shall be disposed of independently of the underlying soil; base course and gravels are to be salvaged to stockpile, protected from contamination and reused for suitable material for backfill. The Contractor, in accordance with Sections 324.00 and 333.00 of these STANDARDS AND SPECIFICATIONS must dispose of all unsuitable materials unacceptable for use as backfill. All excavated material which meets the requirements for backfill materials shall be stockpiled in a manner which will not endanger the performance of the work, endanger the workers, at a sufficient STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-16 SITE WORK FI-RESTONE SECTION 300 distance from the banks to avoid overloading, obstruct sidewalks, driveways, or streets, AND provide the least possible interference with traffic. In existing developments excavation will not be permitted to advance more than one hundred fifty (150) feet ahead of pipe laying and two hundred (200) feet in advance of the backfill operations. No trench will be left open overnight without written permission of the Town Engineer. The contractor shall provide and maintain adequate equipment to properly remove and dispose of all surface or ground water entering the trench. A Construction Dewatering permit must be obtained from the Colorado Department of Public Health and Environment (CDPHE). Water shall be disposed of in a suitable manner without damage to adjacent property or without being a nuisance to public health and convenience. The use of any sanitary sewer to dispose of trench water will not be permitted. The trench shall be dry at all times during pipe installation and so maintained until the joining operation is complete. 350.01 Special Conditions Subsurface investigation - Prior to the connection of any planned utility line to an existing line, the Contractor shall expose the existing utility at the points of connection in order to verify the elevations and materials of construction. The Town Engineer shall be notified a minimum of two (2) working days before such an investigation is performed. The Contractor shall also expose utilities as they cross each other to allow for verification of elevation and materials of construction. The Town Engineer will evaluate this information and provide revisions, if required, within three (3) working days of the completion of the investigation. Telephone, Fiber Optic, Cable TV, and all other "Wire Utility" lines - Where underground "wire utility" lines are encountered which were not shown on the accepted plans, they shall be relocated as directed by the Utility Company and in accordance with its specifications. The Contractor shall coordinate this work with all other phases of construction to avoid further conflicts. Gas and electric lines - Where underground gas and electric lines are encountered which were not shown on the accepted plans, they shall be relocated as directed by the Utility Company, and in accordance with its specifications. The Contractor shall coordinate this work with all other phases of construction to avoid further conflicts. 351.00 Trench Excavation for Pipelines and Service Lines Trenches shall be adequately supported and the safety of workers provided for as required by the most recent Occupational Safety and Health Administration (OSHA)"Safety and Health Regulations for Construction". These regulations are described in Subpart P, Part 1926 of the Code of Federal Regulations. Sheeting and shoring shall be utilized where required to prevent any excessive widening or sloughing of the trench which may be detrimental to human safety, to the pipe being placed, to trees, or to any existing structure. Where excavations are made under severe conditions, it may be required that the contractor use an approved piling instead of sheeting and shoring. Excavated material shall not be placed nearer than two (2) feet from the sides of the trench. Heavy equipment shall not be used or placed near the sides of the trench unless the trench is adequately braced. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-17 • SITE WORK FIRESTONE SECTION 00 . The width of the trench must comply with the requirements set forth in these STANDARDS AND SPECIFICATIONS and will be ample to permit the pipe to be laid and joined properly and'backfill to be placed and tamped. The allowable trench width, regardless of the type of soil encountered, the depth of excavation or method of bedding densification, shall not exceed the outside diameter of the pipe barrel plus twenty-four (24) inches, or be less than the outside diameter of the pipe barrel plus twelve (12) inches when measured at any point below the top of the pipe bell, flange or collar. Where the width of the lower portion of the trench exceeds the maximum width herein stated, the Contractor, at their expense, shall furnish and install special pipe embedment or concrete encasement to protect the pipe from the additional loading. The pipe supplier shall determine the type and quantities of special pipe embedment, using trench -loading criteria based upon saturated backfill weighing 120 pounds per cubic foot and allowance for truck and other superimposed live loads. 351.01 Removal of Water The Contractor shall provide and maintain at all times ample means and devices with which to remove promptly and properly dispose of all water entering the trench excavation. Water shall be disposed of in a suitable manner without damage to adjacent property or without being a nuisance to public health and convenience. Dewatering shall be accomplished by well points, sumping or any other acceptable methods that will insure a dewatered trench. All dewatering methods will be subject to the approval of the Town Engineer, A Construction Dewatering permit must be obtained from the Colorado Department of • Public Health and Environment (CDPHE). 351.02 Preparation of Foundation for Pipe Laying When the excavation is in firm earth, care shall be taken to avoid excavation below the established grade plus the required specified over depth to accommodate the pipe bedding material In case soft or otherwise unsuitable foundation material is encountered in the bottom of the trench, the Town Engineer may order its removal and replacement with stabilization material to provide a suitable foundation for the pipe. The fact that the trench bottom is wet will not be considered as evidence that the trench bottom is unstable. The bottom of sumps utilized for dewatering shall be two (2) inches minimum below the bottom of the trench excavation to prevent the upward flow of water into the excavation resulting in unstable bottom conditions. 362.00 Bedding for Pipelines and Service Lines All pipe shall be installed on sufficient bedding material (as defined in Section 340.01 of these STANDARDS AND SPECIFICATIONS or set forth below) so as to provide a minimum of six (6) inches separation between the subsoil and the pipe and shall extend up to the spring line of the pipe. The bedding material will be tamped around the full length of the pipe barrel to assure support for the total pipe length. The pipe barrel will be uniformly supported along the entire length of the pipe. Bedding material will be placed to a depth of twelve inches (12") above the top of all PVC pipe, HDPE pipe, and ductile iron pipe and to the spring line of all other pipe unless otherwise noted on the accepted plans. Suitable backfill material, as defined in Section 340.01 and modified in Section 353.00 of these STANDARDS AND SPECIFICATIONS, shall be placed from spring line to a minimum of twelve (12) inches over the top of the pipe and carefully tamped in place. Each type of STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-18 FIRFRiONF SITE WORK .... c o: L o; R. A :u; :o. ..... SECTION 300 pipe shall be installed as specified in the appropriate Section. Bedding material for sanitary sewer and water lines shall be a clean well -graded squeegee sand or'/2" x No.. 4 bedding material, and shall conform to the following limits when tested by means of laboratory sieve: #0BEDDING:MAT Sieve size Percent Passing Sieve size Percent Passing 3/4 inch 100% 3/4 inch 1/2 inch 98% 1/2.inch 3/8 inch 70% 3/8 inch 1001/1 No. 4 140), No. 4 95% - 100% No. 8 7% No. 8 80% - 100% No. 16 5% No. 16 50% - 85% No. 30 4% No. 30 25% - 60% No. 50 4% No. 50 10% - 30% No. 100 3% No. 100 2% - 10% No. 200 2.1 % No. 200 .5% Bedding material for all other pipe (except as noted below) will be as defined in Section 340.01 of these STANDARDS AND SPECIFICATIONS. Bedding for underdrain pipe or for gravel underdrain without pipe, if required by the approved construction plans, shall be composed of washed gravel or crushed rock well graded in the size range from one-half (112) inch minimum to one (1) inch maximum. 352.01 Bedding Compaction All bedding material and suitable material placed to twelve (12) inches above the top of the pipe shall be carefully compacted to at least 70% of maximum relative density in accordance with ASTM D 4253 and 4254. 353.00 Backfill for Pipelines and Service Lines Suitable backfill shall be as defined in Section 340.01 of. these STANDARDS AND SPECIFICATIONS. In addition, all wood or other organic material and deleterious substances must be removed. Clay and similar material with a liquid index in excess of 35 and a plasticity index in excess of 6 (determined in conformity with AASHTO T 89 and T 90) for import material will not be considered suitable for backfilling in trenches located in improved streets, roads, highways and thoroughfares. When the excavated material is unsuitable for compaction, other material must be provided which will meet the requirements of the following table: STANDARDS AND SPECIFICATIONS 2020EDMON PAGE 300-19 • 0 0 SITE WORK ONESECTION 300 SUITABLE BAGKF'IL•L MATERIAL Sieve size Total Percent Passin2 by Weight 2 inch 100 No. 4 30 - 100 No. 50 10 - 60 No. 200 5 - 20 Additionally, structure backfill (flow -fill) meeting the following requirements may be used to backfill pipelines and service lines when specified in the Contract. Mix Minimum 24-hour strength - 10 PSI Maximum 28-day strength - 60 PSI Maximum aggregate size - 1 " Cement - Type 1-11 (Ideal ASTM C 150) Slump - 6" minimum 8" maximum MIX PROPORTIONS , er. cubic yard of coricrete Cement 50 Lbs. Water 325 Lbs. 39gallons) 1" Aggregate (ASTM. C33, Size No. 57 1700 Lbs. Sand - ASTM C33 1845 Lbs. Air (Entrapped) 5.0 ounces Theoretical Unit Weight -143.7 Ibslyd3 @ 1.5% air Theoretical Yield - 27.23 ft3 @ 1.5% air % Sand of Total Aggregate - 52% Note: Aggregate weights are based upon the materials being in a saturated surface -dried condition. Materials used above the subgrade level must conform to the requirements for sub base and base course materials as defined in Section 500, Street Construction, of these STANDARDS AND SPECIFICATIONS. Any bracing installed to prevent cave-ins will be withdrawn in a manner that will maintain the desired support during the backfill operations. Driven sheet pilings shall be cut off at or above the top of pipe, and the portion below the cut-off line will be left in the ground. During construction the trench backfill shall be topped out with not less than nine (9) inches of CDOT Class 5 or 6 aggregate base course and maintained free of chuckholes, ruts and loose rock, until permanent asphalt surfacing is in place. 353.01 Backfill Compaction Bedding material shall be hand placed in loose six (6) inch lifts, hand tamped, and each lift thoroughly consolidated to the level(s) described in Section 352.00 of these STANDARDS AND SPECIFICATIONS. The remainder of the trench backfill will be placed in loose six (6) inch lifts and each lift thoroughly consolidated by tamping, vibrating, or a combination thereof, until the relative STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-20 SITE WORK FIRESTONE SECTION 300 compaction density is equal to or greater than the minimum value shown in Table 345.00-1 of these STANDARDS AND SPECIFICATIONS for the various classes of soil and type of compaction. The moisture content will be maintained within ± two percent (2%) of optimum moisture during compaction. Pipes, culverts, sewer and other miscellaneous structures outside the roadway prism or sidewalk and not subject to traffic loads or heavy loads for a period of two (2) years shall be backfilled in layers as described above but shall be compacted to approximately the density of the surrounding earth. Consolidation shall be obtained by the use of hand tampers having a minimum weight of twenty (20) pounds and a facial area in excess of twenty-four (24) square inches. Hydro hammers shall not be used in existing streets and neighborhoods. Large roller, tractor drawn equipment shall not be used within eighteen (18) inches of rigid pipe or thirty-six (36) inches of flexible pipe. Flooding or jetting of trenches will not be permitted. 353.02 Maintenance of Backfill All backfill shall at all times during construction be maintained to the satisfaction of the Town Engineer. Access across trenches for driveways and streets shall be maintained free of hazards to traffic or pedestrians. 354.00 Compaction Testing The compaction of the bedding and all types of back -fill shall be tested at a rate of at least one (1) test per 200 cubic yards of fill material or portions thereof and at least one (1) test per 200 lineal feet per lift starting at two (2) feet above the pipe, whichever controls. The testing shall be at various depths and locations. The Town Engineer may require additional testing around structures, manholes, valve boxes, etc. The Contractor shall also have tests provided to the Town for water and/or sewer service lines as directed by the Town Inspector. Initial test results shall be submitted to the Town Engineer within twenty-four (24) hours of the test or on the next working day. Private engineering or geotechnical firms shall perform compaction testing at the Contractor's expense. A qualified technician who works under the direct supervision of a Registered Professional Engineer shall perform this testing. Final soils compaction reports shall be prepared and signed by a Registered Professional Engineer who is registered in the State of Colorado, and who is qualified to prepare such reports. Reports shall be submitted to the Town Engineer within one (1) week of the test. 355.00 Cable Installation 355.01 General Unless otherwise approved in writing by the Town Engineer, all cable installation must be within public right-of-way or within a dedicated utility easement. All cable must be installed at a minimum depth of twenty-four (24) inches in accordance with the requirements of Article 300-5 of the National Electric Code (NEC). STANDARDS AND SPECIFICATIONS 2020 EomoN PAGE 300-21 0 • • SITE WORK SECTION 300 355.02 Underground Installation All underground installation shall be in accordance with Article 300-5 of the NEC. 355.03 Overhead Installation All overhead installation shall be in accordance with Article 230-24-(b) of the NEC. 360.00 RESTORATION AND CLEANUP At all times during construction, the Contractor shall maintain the site, partially finished structures, material stockpiles and other like areas in a reasonable state of order and cleanliness. The surface grade and condition of all un-surfaced areas shall be restored to the grade and condition immediately prior to construction. The Contractor shall restore or replace all sod, trees, shrubbery, sprinkler systems, fences, and any other items, to a condition equal to that before the work began and to the satisfaction of the Town Engineer. See Section 1030.00 Seeding Specifications regarding appropriate mix for specific areas. All roadway surfacing, turbine, sidewalks, and gutters shall be restored or replaced to a condition equal to that before the work began and to the satisfaction of the Town Engineer. All roadway surfacing between the vertical surface cuts on each side of the excavation shall be removed and replaced with base course material and/or hot mix bituminous or concrete surfacing. Pavement repair shall be completed as described in Section 143.00, Pavement Cuts, of these STANDARDS AND SPECIFICATIONS. Before final acceptance, the project area, material pits, and ground occupied by the Contractor in connection with the work shall be cleaned of all rubbish, excess materials, temporary structures, and equipment, and all parts of the work shall be left in acceptable conditions to the satisfaction of the Town Engineer. In the event of the Contractor's failure to perform the above work, the Town at the expense of the Contractor may perform the work. FIRESTONEQ.-If STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-22 CONCRETE WORK FIRESTOftC SECTION 400 O: L Q R. A ;D. ,O SECTION 400 CONCRETE WORK SECTION PAGE 410.00 GENERAL..............................................................................................................3 420.00 MATERIALS...........................................................................................................3 421.00 Cement..............................................................................................................3 422.00 Fly Ash...............................................................................................................3 423.00 Water..................................................................................................................4 424.00 Admixtures........................................................................................................4 425.00 Fine Aggregate..................................................................................................4 426.00 Coarse Aggregate..........................................................................................4 427.00 Colored Patterned Concrete..........................................................................5 428.00 Flowfill Concrete................................................................................................5 430.00 MIXING...............................................................................................................5 431.00 General..............................................................................................................6 432.00 Design of the Mix..............................................................................................6 432.01 General...........................................................................................................6 432.02 Classification...................................................................................................6 433.00 Ready -Mixed Concrete .....................................................................................6 440.00 REINFORCING STEEL AND FORMS.....................................................................7 441.00 Fibrous Reinforcing..........................................................................................8 450.00 PLACING CONCRETE............................................................................I..........8 451.00 General..............................................................................................................8 452.00 Vibrating ........................................................................................................9 453.00 Workability........................................................................................................9 454.00 Colored Patterned Concrete.............................................................................9 460.00 JOINTS.................................................................................................................10 461.00 Materials..........................................................................................................10 462.00 Spacing................................................................................I...........................10 462.01 Expansion Joints...........................................................................................10 462.02 Contraction Joints.........................................................................................10 462.03 Tool or Saw Joints.........................................................................................11 470.00 FINISHING AND CURING....................................................................................11 480.00 PROTECTION......................................................................................................12 481.00 Cold Weather Concreting...............................................................................12 482.00 Hot Weather Concreting.................................................................................13 490.00 MISCELLANEOUS...............................................................................................13 491.00 Repairs............................................................................................................13 492.00 Cleanup .............................................:.........................................................14 493.00 Backfilling.......................................................................................................14 494.00 Testing.............................................................................................................14 494.01 General.........................................................................................................14 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-1 • • • CONCRETE WORK FIRE;TONE._ c= SECTION 400 494.02 Tests Provided by the Contractor...............................................................14 494.03 Test Result Submittals ................................................... .............................15 494.04 Responsibility and Duties of the Contractor .................... .............................16 • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-2 FIRESTONE CONCRETE WORK e: o::L Q u .A. ;D. o: SECTION 400 SECTION 400 CONCRETE WORK 410.00 GENERAL All Portland Cement concrete work within any street, parking lot or alley right-of-way or in any part of the water system, sewage system, or storm drainage system of the Town shall meet the requirements of these STANDARDS AND SPECIFICATIONS. Engineering, plans, licenses, permits, inspection, warranties and acceptance will be as detailed in these applicable STANDARDS AND SPECIFICATIONS for the type of construction involved. Permits will be obtained BEFORE work begins. The Contractor shall call for inspection, giving one (1) working day (twenty-four [24] hours) notice, and inspection will be made before placement of concrete can occur. Inspector's approval to place materials will be obtained by the Contractor AFTER inspection has been made and BEFORE concrete is placed. Notice of rejection shall be given to Contractor in the event any aforementioned conditions given by the Town Engineer are not met, and work shall be halted until such time as corrective action is taken. Copies of the accepted drawings and the permit shall be on the job site and available to the inspector. 420.00 MATERIALS Concrete will be composed of Portland Cement, aggregate, and water, and shall be reinforced with steel bars or steel wire fabric where required. Admixtures other than air -entraining agents require written permission of the Town Engineer. 421.00 Cement All cement used in concrete work shall be Portland Cement conforming to the requirements of ASTM C-150, Type I or Type 11. In general, cement meeting the requirements of ASTM C 150 Type II cement shall be used in concrete that will be in contact with the soil, unless otherwise allowed or directed by the Town Engineer. Cement, which for any reason has become partially set or which contains lumps of caked cement, shall be rejected. The Contractor shall be responsible for the proper storage of all cement until it is used. When requested by the Town Engineer, the Contractor will, at his own cost and expense, furnish the Town Engineer with a certificate from the manufacturer or an acceptable testing laboratory for each carload of cement from which cement is taken for use in the work, stating that the cement meets the requirements of these STANDARDS AND SPECIFICATIONS for Portland Cement. 422.00 Fly Ash Fly ash may be utilized in the design mix when allowed by the Town Engineer. Fly ash shall conform to the requirements of ASTM C 618 for Class C or Class F. The pozzolanic index shall be eighty-five (85) for Class C and Class F fly ash. Class C fly ash will not be permitted where sulfate resistant cement is required. The Contractor shall notify the Town Engineer of the source of the fly ash for review prior to use in the project. The fly ash to be used on any project shall have been tested by the Contractor for compliance with these specifications. The results of this testing shall be submitted to the Town Engineer prior to its use on the project. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-3 • • C, zf IRESTONE CONCRETE WORK cl:.o, :L- o, :R W. V. ,o SECTION 400 When required by the Town Engineer, the Contractor shall provide the fly ash. analysis performed by the fly ash supplier along with the concrete mix proportions. 423.00 Water Water for concrete will be clean and free from sand, oil, acid, alkali, organic matter, or other deleterious substances and will meet the requirements for mix water as published in ASTM C 94, Water from public supplies or water that has been proven to be suitable for drinking is satisfactory. 424.00 Admixtures The Contractor will use air -entraining admixtures for all surfaces of exposed concrete. Air entraining admixtures shall meet ASTM C 260. All other chemical admixtures shall meet ASTM C 494. 425.00 Fine Aggregate Fine aggregate shall be composed of clean, hard, durable, uncoated particles of sand, free from injurious amounts of clay, dust, soft or flaky particles, loam, shale, alkali, organic matter, or other deleterious matter. Fine aggregate will be well graded from course to fine and when tested by means of laboratory sieves will meet the requirements of ASTM C 33. Sieve Size Percent Passin 318" 100 #4 95 - 100 #8 80 - 100 #16 50 - 85 #30 25 - 60 #50 10 - 30 #100 2 - 10 426.00 Coarse Aggregate The coarse aggregate shall consist of broken stone or gravel composed of clean, hard, tough and durable stone and will be free from soft, thin, elongated or laminated pieces, disintegrated stone, clay, loam, organic, or other deleterious matter. Coarse aggregate shall be well graded and when tested by means of laboratory sieves will meet the requirements of AASHTO M 43 #67 Sieve Size Percent Passin 11 100% 314" 90 -100 318" 20 - 55 #4 0 -10 #8 0 - 5 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-4 t� FIRESTONE SECTION 400 CONCRETE WORK c o, .�: o: x .A. n o 427.00 Colored Patterned Concrete Where required on the accepted plans, colored patterned concrete shall comply with all applicable portions of this Section 400. In addition, the following shall apply: A. Minimum twenty-eight (28) day compressive strength of concrete shall be 4,000 psi. B. Air -entrainment shall be six percent (6%) L 1 %] for maximum aggregate size of three-quarter inch (314") or one inch (1") and shall be seven and one-half percent (7.5%) L 1%] for a maximum aggregate size of three -eight inch (318") or one-half inch (112"). C. Normal set or retarded set water reducing admixture shall comply with ASTM C 494. D. No calcium chloride shall be added to the concrete mix. E. Matching integral color shall be used as a supplement, but not as a color hardener. F. Color hardener; Specially formulated for installation of pattern concrete, grade "Heavy Duty". Color shall be as noted on the accepted drawings or as approved by the Town Engineer. G. Color curing compound shall comply with ASTM C 309 and with all applicable air pollution regulations. When approved by the Town Engineer, reinforcing fibers may be used in the mix design. The fibers must comply with Section 441.00 of these STANDARDS AND SPECIFICATIONS. 428.00 Flowfill Concrete The following is the specification of the flowfill concrete as directed by the Town Engineer: Mix Specifications: Material ASTM Specification p n Weight Cement ASTM C-150 42 to 50 Ibs Sand ASTM C-33 1845 to 1850 Ibs Aggregate ASTM C-33 1700 to 1750 Ibs Air Entrainment ASTM C-260 5.0 ounces Water ASTM C-94 39 gallons * Slump shall be six (6) to eight (8) inches 430.00. MIXING 431.00 General All concrete shall be thoroughly mixed in a batch mixer of an approved type and capacity for a period of not less than two (2) minutes after all the materials, including the water, have been placed in the drum. During the period of mixing, the drum shall be operated at the speed specified by the manufacturer of the equipment. The entire contents of the mixer will be discharged before recharge, and the mixer will be cleaned frequently. The concrete shall be mixed only in such quantities that are required for immediate use. No re -tempering of concrete will be permitted. Hand -mixed concrete will not be permitted except by written approval of the Town Engineer. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-5 • 0 • • CONCRETE WORK 432.00 Design of the Mix 432.01 General FIRESTONE SECTION 400 Concrete mix information shall be prepared and submitted in accordance with ACI 301 Section 4.2. Proportions shall be submitted to the Town Engineer, along with at least two (2) sets of certified twen -eight-(28) day test results, for review and acceptance, No concrete will be incorporated into the work until the Town Engineer has accepted the proportions. 432.02 Classification Concrete will conform to the following. - Minimum compressive strength - 28 days* 4000psi' Minimum cement - sacks/cubic yard 6 = 564 Ibs Maximum water/cement ratio - by weight .45 Slum - inches 1-4 Air entrainment - % by volume 5-8 * When tested in accordance with ASTM C-31 433.00 Ready -Mixed Concrete The use of ready -mixed concrete will in no way relieve the Contractor or Developer of the responsibility for proportion, mix, delivery, or placement of concrete; all concrete must conform to all requirements ASTM C-94. The information included on the delivery system should be in accordance with ASTM C-94 section 16. Concrete shall be continuously mixed or agitated from the time the water is added until the time of use and will be completely discharged from the truck mixer or truck agitator within one and one-half (1-112) hours after it comes in contact with the mixing water or with the aggregates. Retempered . concrete will not be allowed. The Town will have free access to the mixing plant at all times. The organization supplying the concrete will have sufficient plant and transportation facilities to assure continuous delivery of the concrete at the required rate. (The contractor will collect delivery, or batch, tickets from the driver for all concrete used on the project and deliver them to the Town Engineer). Batch tickets will provide the following information in accordance with ASTM C-94: A. Name of ready -mix batch plant B. Serial number of ticket C. Date D. Truck number E. Name of purchaser F. Specific designation of job (name and location) G. Specific class or designation of the concrete in conformance with that employed in job specifications STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-6 FIRESTONE SECTION400 CONCRETE WORK c o; a, a: a. o. H. Amount of concrete in cubic yards 1. Time loaded or of first mixing of cement and aggregates J. Water added by receiver of concrete and his initials K. Weights of fine and coarse aggregates L. Type, brand, and amount of cement M. Type, brand and amount of admixtures N. Weight (in gallons) of water including surface water on aggregates 440.00 REINFORCING STEEL AND FORMS The placing, fastening, splicing and supporting of reinforcing steel and wire mesh or bar mat reinforcement shall be in accordance with the plans and the latest edition of °CRSI Recommended Practice for Placing Reinforcing Bars". All reinforcing steel shall be epoxy coated. Before being positioned, all reinforcing steel shall be thoroughly cleaned of mill and rust scale and of coatings that will destroy or reduce the bond. Where there is delay in depositing concrete, reinforcement will be re -inspected and, if necessary, cleaned. Reinforcement shall be carefully formed to the dimensions. indicated on the accepted plans by the cold bending method. Cold bends shall be made so that the inside diameter of the bend measured on the inside of the bar shall be as follows: Bar Size Grade 60 #3 through #8 6 bar dia. #9, #10, and #11 8 bar dia. #14 and #18 10 bar dia. The inside diameter of bend for stirrups and ties shall not be less than four bar diameters for sizes #5 and smaller, and five bar diameters for #6 and #8 inclusive. Reinforcement shall not be bent or straightened in a manner that will injure the material. Bars with kinks or bends not shown on the plans will not be used. Heating of reinforcement will not be permitted. Reinforcing steel will be accurately placed and secured against displacement by using annealed iron wire of not less than No. 18 gauge, or by suitable clips at intersections. Where necessary, reinforcing steel will be supported by metal chairs, spacers, precast mortar blocks, or metal hangers. Splicing of bars, except where shown on the plans, will not be permitted without approval of the Town Engineer. Welded wire fabric for concrete reinforcement shall be of the gauge, spacing, dimensions, and form specified on the plans or detailed drawings and will comply with "Specifications for Welded Steel Wire Fabric for Concrete Reinforcement" (ASTM A-185) or "Specification for Welded Deformed Steel Wire Fabric for Concrete Reinforcement"(ASTM A-497). Contractor shall submit to the Town Engineer shop drawings of the reinforcement for his review and acceptance. The Town Engineer' acceptance of shop drawings and bar schedules will not relieve the Contractor of fulfilling his responsibilities as outlined in the plans and specifications of the contract. Unless otherwise shown on the plans, the minimum clear cover for reinforcing steel will be the following, which is specified in ACI 301, Sec. 5.5: . Bottom bars on soil bearing foundations & slabs.........................:................................... 3 inches STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-7 CONCRETE WORK FIRESTONE SECTION 400 Bars adjacent to surfaces exposed to weather on earth backfill: . For bars more than 314" in diameter......................................................................... 2 inches For bars 314" or less in diameter ......... ................................................................ 1-112 inches Interior Surfaces: slabs, walls, joints with 1-3/8" diameter or smaller .......................... 314 inches Whenever necessary, forms will be used to confine the concrete and shape it to the required lines. Forms shall have sufficient strength to withstand, without deformation, the pressure resulting from placement and vibration of the concrete. Forms shall be constructed so that the finished concrete will conform to the shapes, lines, grades and dimensions indicated on the accepted plans. Any form which is not clean and has had the surface prepared with a commercial form oil that will effectively prevent bonding and that will stain or soften concrete surfaces must not be used. Plywood forms, plastic coated plywood forms, or steel forms shall be used for all surfaces requiring forming which are exposed to view, whether inside or outside any structure. Surfaces against backfilled earth, interior surfaces of covered channels, or other places permanently obscured from view, may be formed with forms having sub -standard surfaces. Forms will not be disturbed until the concrete has hardened sufficiently to permit their removal without damaging the concrete or until the forms are not required to protect the concrete from mechanical damage. Minimum time before removal of forms after placing concrete will be one (1) day for footings and two (2) days for all other concrete except in curbs, gutters, and sidewalks. 441.00 Fibrous Reinforcing . When shown on the accepted plans or approved by the Town Engineer, fibrous reinforcing may be utilized. Fibrous concrete reinforcement shall be one hundred percent (100%) virgin polypropylene fibrillated fibers specifically manufactured for use as concrete reinforcement, containing no reprocessed olefin materials. The fibers shall have the following physical characteristics: A. Specific gravity - 0.91 B. Tensile strength - 70,000 to 110,000 psi C. Fiber length - per manufacturer's recommendation for specific use (three quarters inch [314"] for sidewalks) Add fibrous concrete reinforcement to concrete materials at the time the concrete is batched in the amounts recommended by the manufacturer (1.5 lb./cubic yard for sidewalks) or as indicated on the accepted plans. Concrete shall be mixed in strict accord with the fibrous concrete reinforcement manufacturer's instructions and recommendations to assure uniform and complete dispersion. 450.00 PLACING CONCRETE 451.00 General Before depositing concrete, debris will be removed from the space to be occupied by the concrete and the forms, including any existing concrete surfaces, shall be thoroughly wetted. Concrete shall not be placed until all forms and reinforcing steel have been inspected and accepted by the Town STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-8 FIRESTONE SECTION 400 CONCRETE WORK .: Engineer. Concrete shall be handled from the mixer to the place of final deposit as rapidly as possible . by methods that prevent separation or loss of ingredients. The concrete shall be deposited in the forms as nearly as practicable in its final position to avoid rehandling. It will be deposited in continuous layers, the thickness of which generally will not exceed twelve (12) inches. Concrete shall be placed in a manner that will avoid segregation and will not be dropped freely more than five (5) feet. If segregation occurs, the Town Engineer may require the concrete to be removed and replaced at the Contractor's expense. Concrete will be placed in one continuous operation, except where keyed construction joints are shown on the plans or as approved by the Town Engineer. Delays in excess of thirty- (30) minutes may require removal and replacement of that pour, as determined by the Town Engineer. 452.00 Vibrating Concrete shall be thoroughly compacted or vibrated. All concrete will be compacted by internal vibration using mechanical vibrating equipment, except that concrete in floor slabs, sidewalks, or curb and gutter, not poured against form linings, will be either tamped or vibrated. Care must be taken in vibrating the concrete to vibrate only long enough to bring a continuous film of mortar to the surface. Vibration will stop before any segregation of the concrete occurs. Mechanical vibrators will. be an approved type as specified in ACI Publication 309, Chapter 5. Vibrators shall not be used to move or spread the concrete. Any evidence of lack of consolidation or over -consolidation will be regarded as sufficient reason to require the removal of the section involved and its replacement with new concrete at the Contractor's expense. The Contractor shall be responsible for any defects in the quality and appearance of the completed work. 0 453.00 Workability The consistency of concrete will be kept uniform for each class of work and will be checked by means of slump tests. The workability of the concrete will be varied as directed by the Town Engineer. At all times concrete will have a consistency such that it can be worked into corners and angles of the forms and around joints, dowels and tie -bars by the construction methods which are being used without excessive spading, segregation or undue accumulation of water or laitance on the surface. If, through accident, intention, or error in mixing, any concrete fails to conform to the proportions of the approved mix design, such concrete will not be incorporated in the work but shall be discarded off the project site as waste material at the Contractor's expense. if approval is obtained and water is added at the job site, slump tests will be run and test cylinders cast following the addition of the water. Any expense incurred in excess of ordinary tests will be borne by the Contractor. 454.00 Colored Patterned Concrete Special concrete mix with integral color shall be placed and screeded to the proper grade, and floated to a uniform surface. in the normal manner for slabs on grade. While the concrete is still plastic, the imprinting tools shall be applied to make the desired patterned surface. The pattern shall be matched at imprint edges and joints.. Color Curing Compound, thinned in the proportion of one (1) part cure to one (1) part mineral spirits (paint thinner), shall then be applied uniformly with a roller or sprayer. The coverage shall be STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-9 CONCRETE WORK FIRE;TONE SECTION 400 approximately six hundred (600) to six hundred fifty (650) square feet per gallon of un-thinned curing compound. At times when the air temperature is at or near freezing, the slab shall instead be cured using a suitable curing blanket and, if possible, the slab shall later be sealed with the Color Curing Compound at such time as the air temperature is above freezing. Use blankets and/or heaters as may be necessary to maintain the concrete at or above fifty -(50) degrees Fahrenheit for three (3) days after placement. The surface shall be cleaned to remove any residual materials. 460.00 JOINTS 461.00 Materials Joint materials will conform to AASHTO Specifications according to type as follows: Concrete joint sealer, hot -poured elastic...................................................................................M 173 Preformed expansion joint filler (Bituminous Type).....................................................................M 33 Preformed sponge rubber and cork expansion joint fillers........................................................M 153 Preformed expansion joint fillers - non -extruding & resilient bitum............................................M 213 Non -bituminous types shall be placed in widths shown on the accepted plans or three -eighths inch (318") when not specified. Bituminous type shall be used for concrete paving and structural construction where joint sealers are not called for. 462.00 Spacing 462.01 Expansion Joints Expansion joint material will be provided at the following locations and will be in place prior to the placing of concrete: A. at each end of curb return; B. between back of sidewalk and driveway slab or service walk; C. between new concrete and existing masonry buildings; D. as shown on the drawings; . E. as directed by the Town Engineer; F. between new and existing concrete. 462.02 Contraction Joints For Curb, Gutter & Sidewalks: Transverse joints will be placed at maximum intervals of ten (10) feet to control random cracking; joints will be sawed or tooled to minimum depth of one-fourth (114) of the total thickness (no less than one and one-half [1 '/2] inches). For Concrete Trails greater than 5' (feet): Transverse joints will be placed at maximum intervals of ten (10) feet to control random cracking; joints will be sawed to minimum depth of one-fourth (114) of the total thickness (no less than one and one-half [1 '/z] inches).. STANDARDS.AND SPECIFICATIONS 2020 EDITION PAGE 400-10 CONCRETE W FIRESETDN C WORK SECTION 400 O O O 0 :L: O; ':R A' iU, O 462.03 Tool or Saw Joints Tool or saw joints will be spaced as follows: A. Not more than ten (10) feet nor less than five (5) feet apart in curb and gutter and combination curb -walk B. Not more than ten (10) feet nor less than five (5) feet apart in sidewalk C. At least two joints, equally spaced at not greater than ten (10) foot intervals as applicable in driveways D. As directed by the Town Engineer 470.00 FINISHING AND CURING Exposed faces of curbs and sidewalks shall be finished to true -line and grade as shown on the plans. Surface will be floated to a smooth but not slippery finish. Sidewalk and curb will be broomed or combed and edged, unless otherwise indicated by the Town Engineer. After completion of brooming and before concrete has taken its initial set, all edges in contact with the forms will be tooled with an edger having a three -eighths inch (318") radius. No dusting or topping of the surface to facilitate finishing will be permitted. Immediately following the removal of the forms, all fins and irregular projections will be removed from all surfaces except from those that are not to be exposed or are not to be waterproofed. On all surfaces, the cavities produced by form ties, honeycomb spots, broken corners or edges, and other defects, shall be thoroughly cleaned, moistened with water and carefully pointed and trued with a mortar consisting of cement and fine aggregate. The surface must be left sound, smooth, even, and uniform in color. Mortar used in pointing will not be more than thirty -(30) minutes old. All construction and expansion joints in the completed work shall be left carefully tooled and free of all mortar and concrete. The joint filler shall be left exposed for its full length with clean and true edges. Fresh concrete shall be adequately protected from weather damage and mechanical injury during the curing periods. Curing processes described herein may be used at the option of the Town Engineer. The selected curing process shall be started as soon as it can be done without injury to the concrete surface. The use of a membrane -curing compound is recommended. The following curing procedures may be used subject to the approval of the Town Engineer: A. ponding (for slabs or footings) B. spraying C. wet burlap, earth, or cotton mats D. waterproof paper or polyethylene plastic cover Membrane curing compound will not be used when the concrete surface will be painted. The type of membrane curing compound chosen shall not permanently discolor the concrete surface. Where membrane -curing compound is not used, the curing process will be carefully adhered to as follows: A. Surfaces being wetted by ponding, spraying, or wetted material will be kept completely wetted, with an excess of free water on the surface, at all times for the first seventy-two (72) hours. After this period, but for the remaining four (4) days, a wetting schedule will be followed whereby -the concrete is wetted on a schedule approved by the Town Engineer. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-11 CONCRETE WORK FIRESTONE C� a, c. o IR A. ;o. o SECTION 400 • B. Surfaces being protected by waterproof paper or polyethylene plastic cover will receive special attention during the first seventy-two (72) hours to insure there is actually free moisture on the surface of the concrete under the waterproof surface. The Town Engineer may require the removal of the cover and a wetting of the surface when, in his judgment, there is insufficient moisture for curing. After the first seventy- two (72) hours the cover will be kept tightly in place for the remainder of the curing period. 480.00 PROTECTION 481.00 Cold Weather Concreting During extreme weather conditions, placing of concrete will. be permitted only when the temperature of the concrete placed in the forms shall not be less than 50 degrees F nor more than 90 degrees F. To maintain this temperature range, the Contractor shall provide acceptable heating apparatus for heating the aggregates and the water. Cold weather placement of concrete shall follow the requirements and recommendations of ACI Manual 306. Concrete may be placed when the air temperature in the shade is 35 degrees F, and risinA. No concrete shall be placed, regardless of the present temperature, when the weather forecast promises freezing weather before final set of the concrete unless special means of heating and protection are used, which must be approved by the Town Engineer. Protection against freezing is the Contractor's responsibility regardless of the weather forecast or climatic conditions at the time of . placing. Small structures and slabs may be protected by completely covering fresh concrete with blankets. Large structures or vertical walls will be protected against freezing by enclosing the structure and heating with salamanders, heaters, or other devices capable of providing uniform and even heat throughout the structure. Heaters must be vented so that combustion gases are exhausted outside the enclosure in order to avoid carbonation of the fresh concrete. - Cold weather is defined as a period when, for more than three (3) consecutive days, the following conditions exist: A.. The average air temperature is less than 40 degrees F, and B. The air temperature is not greater than 50 degrees F for more than one half of any 24 hr. period. Concrete placed in cold weather will be protected from extreme temperatures as follows: A. A temperature of at least 50 degrees F for the first seventy-two (72) hours will be maintained. B. After the first seventy-two (72) hours and until the concrete is seven (7) days old; it will be protected from freezing temperatures. C. Concrete adjacent to heaters or salamanders will be insulated from direct heat of the unit that may dry it out prior to being properly cured. D. Temperatures will be measured by maximum and minimum thermometers furnished by the Contractor and installed adjacent to the concrete. STANDARDS AND SPECIFICATIONS 2020 EDITION. PAGE 400-12 CONCRETE WORK FIRESTONE SECTION 400 Concrete slabs will not be placed, regardless of temperature conditions, if the supporting ground is frozen or contains frost. Use of salt or other additives to prevent concrete from freezing is not allowed. Concrete that has been frozen will be completely removed and replaced as directed by, and to the satisfaction of, the Town Engineer. 482.00 Hot Weather Concreting Except by written authorization, concrete will not be placed if the temperature of the plastic concrete cannot be maintained at 90 degrees F or lower. The placement of concrete in hot weather shall comply with ACI 305. Forms and reinforcing shall be cooled to a maximum of 90 degrees F or lower. 490.00 MISCELLANEOUS 491.00 Repairs After stripping of the forms, if any concrete is found to be not formed as shown on the accepted plans or is out of alignment or level, or shows a defective surface, it will be considered as not conforming with the intent of these STANDARDS AND SPECIFICATIONS and will be removed and replaced by the Contractor at his expense unless the Town Engineer gives written permission to patch the defective area. In this case, patching shall be done as described in the following paragraphs. Defects that require replacement or repair are those that contain honeycomb, damage due to stripping of forms, loose pieces of concrete, bolt -holes, tie -rod holes, uneven or excessive ridges at form joints, and bulges due to movement of the forms. Ridges and bulges will be removed by grinding. Honeycombed and other defective concrete that does not affect the integrity of the structure shall be chipped out, and the vacated areas will be filled in a manner acceptable to the Town Engineer. The repaired area shall be patched with a non -shrink, non-metallic grout with a minimum compressive strength of five thousand (5,000) psi in twenty-eight (28) days. All repair areas treated with an epoxy - bonding agent will have the approval of the Town Engineer before the repair filling is placed. Bolt -holes, tie -rod holes, and minor imperfections as approved by the Town Engineer, will be filled with dry -patching mortar composed of one (1) part Portland cement to two (2) parts of regular concrete sand (volume measurement) and only enough water so that after the ingredients are mixed thoroughly, the mortar will stick together on being molded. Mortar repairs will be placed in layers and thoroughly compacted by suitable tools. Care will be taken in filling rod and bolt holes so that the entire depth of the hole is completely filled with compacted mortar. The mortar mix proportions described above are approximate. An approved mix will be prepared by a commercial testing laboratory to insure that grout has a twenty-eight (28) day compressive strength equal to that of the area on which it is placed. All costs for mix design and the Contractor will pay testing. Those areas with excessive deficiencies as determined by the Town Engineer will be removed and replaced at the Contractor's expense. Where repairs are made in existing sidewalks, all edges of the old sidewalk allowed to remain will be sawcut. to a minimum depth of one half ('/) the existing thickness of concrete. No rough edges will be permitted where new construction joins the old section. Unless directed by the Town Engineer, no section less than five (5) feet in length will be placed or left in place. Where new sidewalk construction abuts existing sidewalks, the work will be accomplished so that there is no abrupt change in grade between the old section and the new work. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-13 • • CONCRETE WORK • 492.00 Cleanup FIRESTONE SECTION 400 The exposed surfaces of the concrete will be thoroughly cleaned upon completion of the work, and the site will be left in a neat and orderly condition. 493.00 Backfilling When side forms are removed and the concrete has gained sufficient strength, the space adjoining the concrete shall be promptly backfilled with suitable material, properly compacted, and brought flush with the surface of the concrete and adjoining ground surface. In embankments, the backfill will be level with the top of the concrete for at least two (2) feet and then sloped as shown on the accepted plans or as directed by the Town Engineer. The Contractor, at his expense, will repair existing pavement that is damaged during construction. The first two (2) feet of patching to match existing asphalt or concrete will be the Contractoras responsibility. 494.00 Testing 494.01 General The requirements of this section will apply to testing services for all concrete curb and gutter, sidewalk, pavement, slope paving, retaining walls, structures, and for all miscellaneous concrete testing. Concrete materials and operations will be tested. as directed by the Town Engineer and as herein stipulated. The required testing services will be performed by a designated testing agency acceptable to the Town Engineer and all testing agencies will meet the requirements of ASTM E329. A representative of the testing agency will inspect, sample, and test material and production of concrete as required by the Town Engineer. When it appears that any material furnished or work performed by the Contractor fails to fulfill specification requirements, the testing agency will report such deficiency to the Town Engineer and the Contractor. The testing agency shall report all test and inspection results to the Town Engineer and Contractor immediately after they are performed. All test reports will include the exact location of the work at which the batch represented by a test was deposited. The report of the strength test will include detailed information on storage and curing of specimen prior to testing, the project number, and the location of the concrete (curb, manhole, inlet, sidewalk, paving, etc.). The testing agency or its representative is not authorized to revoke, alter, relax, enlarge or release any requirements of these STANDARDS AND SPECIFICATIONS, nor approve or accept any portion of the work. 494.02 Tests Provided by the Contractor The following services shall be performed by the designated testing agency at the expense of the Contractor or Developer: A. Conduct strength test of the concrete during construction in accordance with the . following procedure: Secure composite samples in accordance with AASHTO T141; STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-14 CONCRETE WORK FIRE;TONE SECTION 400 mold and cure specimens from each sample in accordance with AASHTO T23. The maximum time between sampling and casting the cylinders or beams shall be forty- five (45) minutes. If they cannot be returned to the laboratory and cast within the forty- five (45) minutes, they will be cast in the field and transported to the laboratory in twelve (12) to twenty-four (24) hours. One test series will be taken per fifty (50) cubic yards (or fraction thereof) of the concrete placed per day, or as directed by the Town Engineer. 1. Field cured test series: Four (4) cylinders; one (1) to be broken at seven (7) days; one (1) to be broken at fourteen (14) days; one (1) to be broken at twenty-eight (28) days; one (1) to be held or as directed by the Town Engineer. 2. Lab cured test series: Four (4) cylinders; One (1) to be broken at seven (7) days; two (2) to be broken at twenty-eight (28) days*; one (1) to be broken at fifty-six (56) days if necessary. *if the specified strength is not obtained at twenty-eight (28) days, one (1) cylinder is to be broken at fifty-six (56) days. B. Determine slump of the concrete sample of each strength test whenever consistency of concrete appears to vary, or when directed by the Town Engineer, in accordance with AASHTO T119. C. Determine air content of the concrete sample for each strength test in accordance with AASHTO T152 (pressure method), T196 (volumetric method), or T121 (gravimetric method). D. Sample additional concrete at point of placement, and perform other testing or inspection service as required. E. When required by the Town Engineer, the Contractor or Developer will provide concrete mix designs, the results of which will be immediately reported to the Town Engineer. When pumped concrete is to be used, a separate mix design will be required. Mix designs will be in accordance with ACI 211 and 304, as applicable. F. Additional testing and inspection required because of changes in materials or proportions. G. If the work fails to pass inspection or previous tests fail to meet specifications, additional tests will be taken as directed by the Town Engineer. H. Core samples will be obtained and tested when samples of fresh concrete were not obtained and tested in accordance with the provisions of these STANDARDS AND SPECIFICATIONS. Obtaining and testing cores will be in accordance with ASTM C42. Concrete in the area represented by a core test will be considered adequate if the average strength of the cores is equal to at least eighty-five percent (85%) of the specified strength fc, and if no single core is less than seventy-five percent (75%) of the specified strength. Core holes will be filled with low slump concrete or mortar. Cores may be tested in the dry condition in accordance with ACI 301. . I. Failure of the Contractor to furnish testing as herein described will be sufficient cause for rejection of the work in question.. 494.03 Test Result Submittals The testing agency shall submit field and laboratory test results to the contractor upon completion of sampling and testing: Any failing or sub -standard results shall be submitted to the Town STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-15 • • • FIRESTONE CONCRETE WORK c, o.' ►.; o.� R:.*, V o° SECTION 400 Inspector immediately. All results shall be submitted to the Town of Firestone Town Engineer prior to Initial Acceptance. 494.04 Responsibility and Duties of the Contractor The Contractor will provide the testing agency with the following: A. Any labor necessary to assist the designated testing agency in obtaining and handling samples at the project or from other sources of material. B. Provide and maintain for the sole use of the testing agency adequate facilities for safe storage and proper curing of concrete test specimens on the project site as required by AASHTO T23. The use of testing services shall not relieve the Contractor of the responsibility to furnish material and construct in full compliance with these STANDARDS AND SPECIFICATIONS. • ROADWAY & ASPHALT DESIGN FIRQESTDNE . SECTION 500 SECTION 500 ROADWAY & ASHPALT DESIGN SECTION PAGE 510.00 GENERAL..........................................................................................................4 611.00 Applicability......................................................................................................4 511.01 Situation Variances.........................................................................................4 512.00 Private Street Systems.....................................................................................4 613.00 Town Capital Improvement Projects ...............................................................4 614.00 Final Overlay.....................................................................................................4 615.00 Traffic Control Plan...........................................................................................5 I -nn DESIGN CRITERIA............................................................................................5 521.00 Geometric Cross Sections, Intersections and Street Layout .........................5 521.01 Alleys.............................................................................................................15 521.02 Emergency Access.........................................................................................6 521.03 Intersection Design Guide...............................................................................6 521.04 Medians........................................................................................................11 522.00 Half Streets......................................................................................... .........11 523.00 Structural Sections.........................................................................................12 523.01 Structural Sections for Streets.......................................................................12 524.00 Horizontal Alignment......................................................................................12 525.00 Vertical Alignment..........................................................................................13 525.01 Roadway Functional Classification................................................................13 525.02 Vertical Curve...............................................................................................13 525.03 Crest Vertical Curves....................................................................................13 525.04 Sag Vertical Curves......................................................................................15 626.00 Cul-de-sacs.....................................................................................................15 527.00 Major Structures.............................................................................................16 528.00 Design Element Coordination........................................................................16 529.00 Requirements of Other Jurisdictions............................................................16 530.00 SITE WORK AND EARTHWORK.....................................................................16 531.00 General........................................................................................................16 632.00 Clearing..........................................................................................................17 533.00 Demolition and Removal of Structures.........................................................17 533.01 Salvage.........................................................................................................17 533.02 Disposal........................................................................................................17 533.03 Backfill..........................................................................................................17 534.00 Protection of Existing Structures and Utilities.............................................17 535.00 Protection of Public and Private Installations...............................................17 536.00 Excavation and Embankment........................................................................18 537.00 Borrow.............................................................................................................18 538.00 Subgrade.........................................................................................................18 538.01 Subexcavation for Expansive Soils...............................................................18 539.00 Subgrade Construction ..............................................................................19 539.01 Materials.......................................................................................................19 539.02 Construction..................................................................................................19 539.03 Underdrain....................................................................................................20 540.00 BITUMINOUS CONSTRUCTION......................................................................20 Is • • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-1 ROADWAY & ASPHALT DESIGN FIRESTONE SECTION 500 • 541.00 General............................................................................................................20 542.00 Base Course................................................................................................20 543.00 Prime Coat....................................................................:..................................21 544.00 Hot Bituminous Pavement..............................................................................21 544.01 Asphalt/Polymer Combinations.....................................................................22 544.02 Weather Limitations......................................................................................23 545.00 Tack Coat.........................................................................................................23 546.00 Seal Coat.........................................................................................................23 547.00 Rejuvenating Agent........................................................................................23 548.00 Heating and Scarifying...................................................................................23 549.00 Grinding...........................................................................................................24 • • 650.00 CONCRETE PAVEMENT.................................................................................24 550.01 Lime Treated Subgrade................................................................................25 560.00 APPURTENANT CONCRETE STRUCTURES.................................................25 661.00 General............................................................................................................25 562.00 Materials..........................................................................................................25 562.01 Cement Concrete..........................................................................................25 562.02 Forms............................................................................................................25 563.00 General Requirements....................................................................................25 563.01 Curb and Gutter Section................................................................................25 563.02 Sidewalks......................................................................................................25 563.03 Crosspans and Curb Return Fillets...............................................................26 563.04 Curb Cuts and Driveways ............... :.............................................................. 26 563.05 Curb Ramps..................................................................................................26 563.06 Sidewalk Chase Drains.................................................................................26 564.00 Construction Requirements...........................................................................26 564.01 Staking and Grade Control............................................................................26 564.02 Excavation and Embankment........................................................................26 564.03 Form Setting.................................................................................................27 564.04 Concrete Placement......................................................................................27 564.05 Joints............................................................................................................28 564.06 Finishing.......................................................................................................28 564.07 Marking.........................................................................................................29 564.08 Curing...........................................................................................................29 564.09 Protection Against Vandalism.......................................................................29 564.10 Cleanup........................................................................................................29 564.11 Concrete Testing...........................................................................................29 570.00 INSPECTION....................................................................................................29 571.00 General............................................................................................................29 572.00 Required Inspections.......................................................................................30 573.00 Required Testing............................................................................................30 574.00 Utility Installations..........................................................................................30 575.00 Street Lighting................................................................................................30 580.00 STREET LANDSCAPING.................................................................................30 581.00 Installation.......................................................................................................30 582.00 Maintenance....................................................................................................31 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-2 f IRESTONE ROADWAY & ASPHALT DESIGN c o..:c_ o::e A' n. o. SECTION 500 590.00 TRAFFIC CONTROL DEVICES ........................................... .............................31 591.00 GENERAL........................................................................................................31 592.00 SIGNS...................................................................:..........................................31 592.01 Street Name Signs............................................................................................31 592.02 Illuminated Signs...............................................................................................32 592.03 Stop Signs........................................................................................................33 592.04 Other Signs........................................................................................................33 592.05 Private Street Signs..........................................................................................33 593.00 STRIPING ... .................... ............. ........................... ..........................33 594.00 SIGN SUPPORTS.............................................................................................34 595.00 STREET LIGHTING PROCEDURE TO A HIGH SOURCE...............................34 595.01 Residential Street Lighting ............................. .................................................. 35 595.02 Collector Street Lighting....................................................................................35 595.03 Arterial Street Lighting.......................................................................................35 • • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-3 ROADWAY & ASPHALT DESIGN F'�L�T0NE c :o �, a. R n=n...o. SECTION 500 • SECTION 500 ROADWAY 8 ASHPALT DESIGN 510.00 GENERAL 511.00 Applicability This Section contains design and testing criteria that must be met on all newly designed .and constructed streets and parking lots (public or private) in the Town. 511.01 Situation Variances Where any particular requirements contained in this Section of these STANDARDS AND SPECIFICATIONS can be shown to be inappropriate when applied to an out -of -the -ordinary situation, variances to said minimum requirements will be considered and may be authorized by the Town Engineer. The proposed variance in the requirements must result in a level of safety, service, and quality equal to or greater than that intended by the application of said requirements. 512.00. Private Street Systems Private street systems will be subject to all requirements of these STANDARDS AND SPECIFICATIONS. The Town Engineer, as provided for in Section 511.01 of these STANDARDS AND SPECIFICATIONS, may allow variances, subject to the review and acceptance. 513.00 Town Capital Improvement Projects It is recognized that the requirements contained in these STANDARDS AND SPECIFICATIONS are g not necessarily sufficient for plans, specifications, and contract administration purposes for Town administered street capital improvement projects. Accordingly, the Town Engineer is authorized to develop and/or approve such additional requirements and procedures necessary for bidding, award, and construction administration for such projects. Additional said requirements and procedures must be consistent with these STANDARDS AND SPECIFICATIONS and all applicable provisions of other Town codes. 514.00 Final Overlay Final Overlay shall not be scheduled until 2 years have expired since the initial construction surface was installed, at 100% built out, or as approved by the Town Engineer. When determined necessary by the Town Engineer, prior to installation of the final bituminous surface course, the developer will furnish the Town Engineer with two (2) copies of a report, prepared by a Registered Professional -ngineer licensed to practice in Colorado, utilizing non-destructive deflection testing to assess and predict the performance of the pavement. The Professional Engineer will have a past history and knowledge in performing these tests. Qualifications of Professional. Engineer must be submitted to the Town Engineer for acceptance before the start of work. The pavement evaluation will be performed in accordance with good engineering practices. The report will generally embody the following testing and pavement evaluation techniques: STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-4 :FIRESTONE ROADWAY & ASPHALT DESIGN c; o::� o. x. A- :n ,o SECTION 500 A. Environmental study (frost cycle, drainage, etc.) • B. Pavement surface evaluation C. Soil borings in areas of high deflections D. Pavement deflection analysis (Dynaflex, Benkelman Beam, etc.) The report will evaluate the existing condition of the base and binder course by performance of deflection tests at a minimum of one hundred foot (100') spacing per traffic lane. The report will determine the thickness of the final lift to ensure that the pavement section will meet a twenty (20) year (or greater) pavement life. The Pavement Evaluation Report will not be considered valid unless the wearing surface is applied. during the same construction season as the testing was done. 515.00 Traffic Control Plan Contractor will be responsible for submitting a traffic control plan that was designed and approved by a certified TCS (Traffic Control Supervisor) for review and acceptance prior to construction. The Traffic Control Plan must be in conformance with Section 141.08, Traffic Control, Barricades and Warning Signs, of these STANDARDS AND SPECIFICATIONS. 520.00 DESIGN CRITERIA Street design, construction and right of way requirements will conform to the provisions of these STANDARDS AND SPECIFICATIONS. Street design criteria for various street types are listed in Table 500-3, Section 525.00 Vertical Alignment, and the Standard Details. The requirements of the Town's Municipal Code and Comprehensive Master Plan will be met. Throughout this Is Section reference to a "Qualified Soils Engineer" shall mean a soils engineer who is a Registered Professional Engineer licensed to practice in Colorado. 521.00 Geometric Cross Sections, Intersections and Street Layout Street cross sectional elements will conform to the Town of Firestone Master Plan. Generally, local residential cross sections will be used in areas where average daily traffic (ADT) is not likely to exceed one thousand (1,500) vehicles per day. Collector and arterial streets will be constructed whenever the alignment of the proposed street is generally the same as the collector and arterial streets shown on the Comprehensive Master Plan, and whenever a traffic engineering analysis of the future traffic volumes indicates the need of a cross section greater than that of a local service street. Additional right of way may be required to satisfy other criteria contained in these STANDARDS AND SPECIFICATIONS. Areas outside the Right of Way will be graded, compacted, and sloped, as required for proper drainage, soil stability, and maintenance accessibility. Cuts and fills proposed on slopes greater than four horizontal to vertical (4:1) will require supporting calculations done by a qualified soils engineer based on a soils analysis. 521.01 Alleys All alleys, when permitted by the Town Engineer, shall be paved to a full width and shall provide paved access to a paved street at both ends. Minimum right-of-way widths are 16' without utilities and 30' with utilities. Pavement minimum width is 12'. Dead end alleys shall be 150' maximum length and alleys greater than 600' in length shall have a secondary access to a residential street. r STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-5 ROADWAY & ASPHALT DESIGN FIRESTONE SECTION 500 . 521.02 Emergency Access Emergency access roads shall have a minimum of right-of-way width of 20' and a minimum roadway width of 18'. 521.03 Intersection Design Guide The purpose of this document is to identify the mandatory requirements and to provide guidelines for choice where alternatives exist. The guidelines represent a combination of material from authoritative references and research reports combined with the consensus of a broad based Technical Advisory Committee of transportation professionals. 521.03.01 Requirements and Objectives The guidelines presented in this document are based on the premise that the design of an intersection must conform in all respects to the provisions of the Colorado Statutes and rules, plus all authoritative references that have been adopted as standards by Colorado Department of Transportation (CDOT). In addition, the design should be such that it provides: • Safe and convenient operation for all road users, including cyclists and pedestrians; • Proper accessibility for pedestrians with special needs; Adequate capacity for peak -hour demand on all movements; • Adequate maneuvering space for design vehicles; - Resolution of conflicts between competing movements; • Reasonable delineation of vehicle paths; • Adequate visibility of conflicting traffic; • Storage for normal queuing of vehicles; • Appropriate access management application; • Minimum delay and disutility to all road users; • Proper drainage of storm water; • Accommodation for all utilities, both above and below the ground; • Necessary regulatory, warning and informational messages for all road users-, • Suitable advance warning of all hazards; • Uniformity of treatment with similar locations; 521.03.02 Intersection Geometric Design Guide General Design Analysis Geometric design involves the proportioning of the visible elements of highway facilities. It includes the design of horizontal alignment, vertical alignment, and cross section elements such as shoulder, median, curb, barrier, sidewalk, -etc. These elements provide the framework for the design of other highway elements including traffic control devices, roadway lighting, pavement design, drainage, and structural design. Although the design of an intersection may be influenced by constraints unique to its particular location or situation, it conforms generally to the following design principles: STANDARDS AND SPECIFICATIONS 2020 EDITION . PAGE 500-6 ROADWAY & ASPHALT DESIGN FIRESTONEC SECTION 500 • The design of intersections along a given street or highway should be as consistent as possible. • The layout of the intersection should be as simple as is practical. • The design of all intersection elements should be consistent with the approach design speeds. • The approach roadways should be free from steep grades or sharp horizontal or vertical curves. • Intersections should be as close to right angle as practical. • Sight distance should be sufficient for crossing and turning maneuvers. • The intersection layout should encourage smooth flow and discourage wrong way movements. • Auxiliary turn lanes should be provided on high-speed and/or high -volume facilities. • Acceleration lanes are desirable for entrance maneuvers onto high-speed facilities. • Design must give special attention to the provision of safe roadside clear zones and horizontal clearance. • The. intersection arrangement should not require sudden and/or complex decisions. • The layout of an intersection should be clear and understandable. is Special consideration should be given to requirements for accommodating bicycle and pedestrian movements. 521.03.03 Functional Classification Functional classification is the assignment of roads into systems according to the character of service they provide in relation to the total road network. The three main categories of roads are arterials, collectors and locals. All roads on section lines shall be designed as arterial streets. Collector streets are defined as having projected traffic volumes of 1,500 vehicles per day or more. The design engineer shall consider existing and future traffic flows when designing streets and determining classification. 521.03.04 Intersection Control At -grade intersections on that are typically controlled by stop signs (i.e., stop controlled) or traffic signals (i.e., signalized). The type of intersection control has a direct effect on a number of geometric design features, including sight distance and storage length of auxiliary lanes. Area type is typically classified as urban or rural. Each of these area types has fundamentally different characteristics with regard to development and types of land use, density of street and highway network, nature of travel patterns and ways in which these elements are related. Consequently, the intersection design requirements for each of these areas vary. Design speed is a principal design control that regulates the selection of many of the project standards and criteria. used to design a roadway project. It must be selected very early in the design process. The selection of an appropriate design speed must consider many factors. The AASHTO Green Book has a thorough.discussion on design speed and these factors. 521.03.05. Intersection Vertical Alignment Grade Considerations The profile grade line defines the vertical alignment for roadway and bridge construction. As with other design elements, the characteristics of vertical alignment are influenced greatly by basic • • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-7 ROADWAY &ASPH FIRESTONE ALT DESIGN c .o; `L. a! .A �A ;Q:.O SECTION 500 . controls related to design speed, traffic volumes, and functional classification, drainage, and terrain conditions. Within these basic controls, several general criteria must be considered, including. minimum and maximum grades, vertical curvature, and maximum change in grade without vertical curves, vertical clearance, and design high water. • As a rule, the alignment and grades are subject to greater constraints at or near intersections than on the open road. Their combination at or near the intersection should produce traffic lanes that are clearly visible to drivers at all times and clearly understandable for any desired direction of travel, free from sudden appearance of potential conflicts and consistent in design with the portions of the highway just traveled. Combinations of grade lines that make vehicle control difficult should be avoided at intersections. Substantial grade changes should be avoided at intersections. Adequate sight distance should be provided along both intersecting roads and across their included corners, even where one or both intersecting roads are on vertical curves. The gradients of intersecting roads should be as flat as practical on those sections that are to be used for storage of stopped vehicles. Most drivers are unable to judge the increase and decrease in stopping or accelerating distance that is necessary because of steep grades, grades listed in Section 500 Town Street Construction should be used on intersecting roads in the vicinity of the intersection. The profile grade lines and cross sections on the intersection legs should be adjusted for a distance back from the intersection proper to provide a smooth junction and proper drainage. Normally, the grade line of the major road should be carried through the intersection and that of the minor road should be adjusted to it. This design involves a transition in the crown of the minor road to an inclined cross section at its junction with the major road, as demonstrated in the following figure. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-8 . �IQCQT11�1� .Ar • L M 5WTJIN A- 44 521.03.06 Special Intersection Profiles To ensure a safe, efficient, well drained, and smooth roadway system, the profiles of some roadway elements requiring special analysis must be provided. These elements include pavement edges or gutter flow line at street intersections, profile grade line, intersection plateau, curb returns and roadway sections requiring special super elevation details. The special profiles shall include details at close intervals and at a scale large enough.to clearly identify all construction details of . these elements. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-9 FIRES?ONE ROADWAY & ASPHALT DESIGN c= o: o:.n ;A n: o SECTION 500 • 521.03.07 Intersection Plateau • The profile of the major highway generally takes precedence over the minor cross street. This results in a hump for the cross street profile which is particularly undesirable for signalized intersections where the cross street traffic may enter the intersections without stopping. In some instances the designer may determine that the cross street should receive the same profile considerations as the major highway due to similar traffic demands. To provide this "equal treatment", with respect to profile, a technique commonly known as intersection plateauing is applied. Plateauing refers to the transitioning of the roadway profiles and cross slopes at the approaches of an intersection. 521.03.08 Cross Slope The rate of change in pavement cross slope, when warping side streets at intersections, shall not exceed one (1) percent every twenty five (25) feet horizontally on local streets/roads, one (1) percent every thirty seven and one half (37.5) feet horizontally on collector streets/roads, or one (1) percent every fifty six and one half (56.5) feet horizontally on arterial streets/roads to ensure public travel safe transition. 521.03.09 Auxiliary Lanes Auxiliary lanes provide for the safe acceleration or deceleration of turning traffic on and off roadways and. help reduce the accident potential of turning vehicles. All auxiliary lane requirements are based on the Colorado Department of Transportation's (CDOT) State Highway Access Code .and the Town's Street Design Criteria found in Table 500-3 at the end of Section 500. Background traffic from adjoining developments must be considered to anticipate future street system use. The developer shall be responsible for the cost of all additional auxiliary lanes needed to comply with the Town of Firestone access code. Right -turn Deceleration Lane Minimum Right -Turns to Require Deceleration Lane Deceleration Lane and v h Taper Length ft Taper Rate Principal Arterial (CDOT NR-A) 25 435 13.5:1 Minor Arterial (CDOT NR-B) 25 370 12;1 Collector (CDOT NR- 50 310 10.1 C STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-10 ROADWAY &ASPHALT DESIGN fIRE;TONE SECTION500:R Left -turn Deceleration Lane .... , Minimum Left -Turns to Require Deceleration Lane Deceleration Lane ..Including Taper Length v h ft Taper Rate Principal Arterial 10 435 + Storage 13.5:1 (CDOT NR-A) Minor Arterial 10 Storage + Taper 12:1 (CDOT NR-B) Collector (CDOT NR- 25 Storage + Taper 10:1 C Storage Lengths Turning Vehicles Per Hour < 30 30-59 60-99 100- 199 200- 299 >300 Storage Length ft 25 40 50 100 200 300 Right -turn Acceleration Lane Minimum Right -Turns to Require Acceleration Lane Acceleration Lane Including Taper Length v h ft Taper Rate Principal Arterial 50 550 13.5:1 (CDOT NR-A) . Minor Arterial NIA -- -- (CDOT NR-B) Collector (CDOT NR- NIA -- -- C) --- -- 521.04 Medians All medians shall be designed so that there is no interference with traffic flow. The nose of medians shall be a minimum of 10 feet behind the flovline of the intersected street. The minimum radius shall be 2 feet to flowline. Only spill curb & gutter should be used to construct all medians unless otherwise approved by the Town Engineer. 522.00 Half Streets Where half streets are allowed, sufficient additional right of way will be dedicated and additional width will be constructed to allow sufficient paved width to accommodate two directions of traffic and emergency parking by offsetting the geometric cross section. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-11 • • • ROADWAY & ASPHALT DESIGN FIRESTONE .- SECTION 5f}0 523.00 Structural Sections 523.01 Structural Sections for Streets Structural sections for streets shall be composite sections of base and asphalt. Structural sections for streets shall be designed by a qualified soils engineer based on the Equivalent (18 Kip) Daily Load Applications (EDLA) for a twenty (20) year service life and the subgrade support analysis. The soils analysis shall be performed in accordance with AASHTO standard methods of surveying and sampling Soils. The field investigation shall consist of boring subgrade soils to a depth of at least four feet below proposed subgrade elevation (nine (9) feet below proposed subgrade on arterial roadways), at spacing of not more than two hundred fifty (250) feet, or a minimum of one boring for each section of street. The Hveem Stabilometer design method will be used for arterial streets, and either the Hveem Stabilometer or the California Bearing Ratio (CBR) design method will be used for all other streets. The preliminary structural section will be a twenty (20) year design section with a temporary cross slope of 1.2% - 1.6% from flow line to centerline as shown in the Standard Drawings. The following standards provide the minimum acceptable pavement sections for public roadways in the Town of Firestone. These pavement thicknesses may be used for preliminary planning purposes. Final pavement designs must be based on a geotechnical pavement design. EDLA Composite Section Base Asphalt Local Residential < 50 D.U. > 50 D.U. 8 10 8" 8" 4" 4" Collector 70' Rig ht-of-wayWidth 30 8" 4" 80' Rig ht-of-wayWidth 100 9" 6" Minor Arterial 1 200 9" 6" Principal Arterial 1 200 12" 8" Portland Cement concrete pavement designs may be allowed with Town Engineer approval of the design thickness. 524.00 Horizontal Alignment Streets shall generally be aligned to bear a reasonable relationship to topography. Horizontal curves will conform to the street design criteria listed in Table 500-3 and Section 525.00 Vertical Alignment. Minimum spacing between intersection centerlines will be as follows: Street Type Spacing Local Residential 150' Collector 400' Arterial 1000, Where the minimum centerline radius, noted in Table 500-3 and Section 525.00 Vertical Alignment, for through local residential streets cannot be achieved due to difficult parcel configurations and other STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-12 FIRESTONE ROADWAY & ASPHALT DESIGN c: o, .� a..R n. ,u. ,0 . SECTION 500 constraints, a lesser centerline radius with a bulb on the outside of the curve as shown in the Standard Drawings will be allowed. The minimum centerline radii noted in Table 500-3 and Section 525.00 Vertical Alignment are permitted only where sufficient sight distance to the intersection is provided to enable the driver entering the curve and approaching the intersection to perceive that a stop condition exists, warranting at least a voluntary 10 m.p.h. reduction in speed before entering the curve. Angles of intersection should, wherever possible, be maintained at ninety- (90) degrees. Horizontal and vertical alignment and right of way limits will be coordinated so as not to obstruct sight distance at intersections, in accordance with the Standard Drawings. Curb return radii will be as shown on Table 500-3 and Section 525.00 Vertical Alignment. Where two different street types connect, the larger curb return radius will apply. 525.00 Vertical Alignment Street centerline profile grades will be as shown on Table 500-3 and Section 525.00 Vertical Alignment. Where a street is curved and minimum profile grade is desired, the centerline grade will be adjusted so that the curb line grade on the outside of the radius will be no less than the minimum street grade specified on Table 500-3 and Section 525.00 Vertical Alignment. Safe stopping sight distances are illustrated in the Standard Drawings. Centerline profile grades will not exceed four percent (4%) for a distance of at least one hundred feet (100') either side of an intersecting centerline. Gutter flow line grades will be no less than eight -tenths percent (0.8%) along curb returns, in cul-de-sacs and bulb areas, and other areas where gutter flow line grades do not directly parallel centerline profile grades. 525.01 Roadway Functional Classification See Section 521.03.03 for definitions. 525.02 Vertical Curve Vertical curves to effect gradual changes between tangent grades may be any one of the crest or sag types. Vertical curves should be simple in application and should result in a design that is safe and comfortable in operation, pleasing in appearance, and adequate for drainage. The major control for safe operation on crest vertical curves is the provision of ample sight distances for the design speed selected. It is recommended that all vertical curves should be designed to provide at least the stopping sight distances shown in the approved tables within this document. 525.03 Crest Vertical Curves Minimum lengths of crest vertical curves based on sight distance criteria generally are satisfactory from the standpoint of safety, comfort, and appearance. Computations are based on 3.5 feet for height of eye in passing sight situations and 2 feet for height of object for stopping sight situations. The minimum lengths of vertical curves for different values of A (algebraic difference) to provide the minimum stopping sight distance for each design speed are listed below in the table. K values are based on the following formula V = K * A (V — Vertical Curve Length; K — rate of vertical curvature-, A — Algebraic Difference) and the designer should solve for K, to evaluate and compare to the table listed below. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-13 ROADWAY & ASPHALT DESIGN FIRESTONE, ;n. o. SECTION 500 • For example: A design speed of 25 mph requires a minimum K value of 15 and anything less than Yt 9 15 would not satisfy the required 25 mph speed limit for safety and stopping sight distance based on AASHTO criteria. Design Controls for Stopping Sight Distance and for Crest Vertical Curves Design Speed (m.p.) IS topping Sight Distanc t) Rate, of Vertical C mature (K) �� 15 80 5 20 �115 10 25 155 15 30 200. 20 35 250 30 40 305 45 45 360 65 50 425 85 55 495 115 For minimum passing sight distances the lengths of crest vertical curves are substantially longer is than those for stopping sight distances. Generally it is impractical to design crest vertical curves to provide for passing sight distance because of high cost. Passing sight distance on crest vertical curves may be practical on roads with unusual combinations of low design speeds and gentle grades or higher design speeds with very small algebraic differences in grades. The minimum lengths of vertical curves for different values of A (algebraic difference) to provide the minimum passing sight distance for each design speed are listed below in the table. Design Controls for Crest Vertical Curves Based on Passing Sight Distance Design Speed (mph) Stopping Sight Distance (feet), Rate of Vertical Curvature-(K) 20 710 180 �.25(_..... goo 790 30 1090 425 35< 1280 585, 40 1470 775 ........... 45' 1625 945 50 1835 1205 55 1985 1.410 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-14 FIRESTONE SECTION 500 ROADWAY & ASPHALT DESIGN c' .O; L; O; :R A. ,D. O 525.04 Sag Vertical Curves There are at least four different criteria for establishing lengths of sag vertical curves recognized to some extent. They are headlight sight distance, passenger comfort, drainage control, and general appearance. For overall safety a sag vertical curve should be long enough that the light beam distance is nearly the same as the stopping sight distance. Drainage affects design of vertical curves in a sag condition especially in a curbed roadway section. Given a length of curve that is relatively flat with a "K" value of 51 or greater can drastically change the actual low spot in relation to the sag curve PVI. The minimum lengths of vertical curves for different values of A (algebraic difference) to provide the minimum stopping sight distance for each design speed are listed below in the table. K values are based on the following formula V = K * A (V — Vertical Curve Length; K — rate of vertical curvature; A — Algebraic Difference) and the designer should solve for K, to evaluate and compare to the table listed below. For example: A design speed of 25 mph requires a minimum K value of 15 and anything less than 15 would not satisfy the required 25 mph speed limit for safety and stopping sight distance based on AASHTO criteria. Design Controls for Sag Vertical Curves Design Speed (mph) Stopping 5igk t 0istance: (feet) Rate of Vertical Curvature (K) 15 80 10 25 155 30 30 �� 2�00 0 35 250 50' 40 305 r 65 45 360 80 ; 55 495 t 115 The designer should further explore the narrative under "Combinations of Horizontal and Vertical Alignment" and "Other Elements Affecting Geometric Design" that is found within the AASHTO Green book starting on Page 283. 526.00 Cul-de-sacs Cul-de-sacs will conform to the Standard Drawings. Lengths of cul-de-sacs are recommended to be between one hundred forty feet (140') and seven hundred and fifty feet (750'). Cul-de-sacs • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-15 ROADWAY FIRESTONE SECTION 500 & ASPHALT DESIGN D. o. that are proposed outside this range must be fully justified, based on the following considerations and others that may arise in the course of review: A. Intersection vehicular traffic capacity B. Emergency vehicle. response time C. Pedestrian trip time to bus routes D. Reduction of double travel distances for service and patrol vehicles E. Utility systems, drainage, and open. space access Surface drainage shall be directed toward the intersecting street, or if this is not reasonably practical, a drainage structure and easement will be provided at the end of the cul-de-sac. Specially designed temporary cul-de-sacs may be allowed when approved by the Town Engineer. 527.00 Major Structures Major structures, such as retaining wails, box culverts and bridges, that are appurtenant to proposed street and/or parking lot construction, will conform to the structural design and loading requirements of the Colorado Department of Transportation Standard Specifications for Road Bridge Construction and the geometric and drainage requirements of the Town Engineer. Plans and supporting calculations for a qualified structural engineer who is a Registered Professional Engineer licensed to practice in Colorado must prepare major structures. 528.00 Design Element Coordination Horizontal and vertical alignment continuity will be provided between new and existing streets to achieve safe and aesthetically pleasing transitions. Sufficient data on existing facilities will be depicted on plans, and limits of construction will be designated so as to assure that the desired continuity will be achieved. Drainage and utility facilities are to comply.with all applicable sections of these STANDARDS AND SPECIFICATIONS and are to be fully coordinated with the street design and proposed construction. These facilities will be staged to eliminate grade and alignment conflicts and unnecessary damage to existing or newly constructed facilities. 629.00 Requirements of Other Jurisdictions Where proposed street construction will affect other agencies such as the Colorado Department of Transportation, adjacent cities and counties, utility companies or ditch companies, said construction will be subject to the review of said agencies. A copy of the governing agencies review report shall be submitted to the Town Engineer prior to Final Plat approval or the issuance of a permit. Generally, where more than one requirement is imposed, the more restrictive requirement will govern. The Town Engineer must authorize exceptions in writing. 530.00 SITE WORK AND EARTHWORK 531.00 General Refer to Section 330.00, Site Preparation Work, and Section 340.00, Earthwork, of these STANDARDS AND SPECIFICATIONS. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-16 :FIRESTONE ROADWAY & ASPHALT DESIGN c o; :� 0 �x n, ;u o SECTION 500 All workmanship and materials will be in accordance with the requirements of these STANDARDS AND SPECIFICATIONS and in conformity with the lines, grades, quantities, and the typical cross section shown on the plans, or as directed by the Town Engineer. 532.00 Clearing Refer to Section 331.00, Clearing, of these STANDARDS AND SPECIFICATIONS. 533.00 Demolition and Removal of Structures Refer to Section 320.00, Demolition and Removal of Structures and Obstructions, of these STANDARDS AND SPECIFICATIONS. 533.01 Salvage All salvageable material shown on the accepted plans will be removed without unnecessary damage in sections or pieces, which may be readily transported and will be stored by the Contractor in locations approved by the Town Engineer. The Contractor will be required to replace any materials lost from improper storage methods or damaged by negligence. 533.02 Disposal Refer to Section 333.00, Disposal, of these STANDARDS AND SPECIFICATIONS. 533.03 Backfill Refer to Section 345.00, Embankment Fill, of these STANDARDS AND SPECIFICATIONS 534.00 Protection of Existing Structures and Utilities Refer to Section 342.00, Protection of Existing Structures and Utilities, of these STANDARDS AND SPECIFICATIONS. 535.00 Protection of Public and Private Installations Refer to Section 141.00, Protection of Public and Utility Interests, of these STANDARDS AND SPECIFICATIONS. The Contractor will take proper precautions at all times for the protection of and replacement or restoration of driveway culverts, street intersection culverts or aprons, storm drains or inlets, fences, irrigation ditches, crossings and diversion boxes, mail boxes, shrubbery, flowers, ornamental trees, driveway approaches, and all other public and private installations that may be encountered during construction. The Contractor will have the responsibility of providing each property with access to and from the property during the time of construction. Existing driveways will be cut, filled, and graded as required and as directed by the Town Engineer to provide permanent access. Existing driveways will be resurfaced with the presently existing type of surfacing whenever the existing surface is destroyed. • • • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-17 • • • ROADWAY & ASPHALT DESIGN F I R E 8 TO N't SECTION 540 536.00 Excavation and Embankment Referto Section 340.00, Earthwork, of these STANDARDS AND SPECIFICATIONS. 537.00 Borrow Refer to Section 348.00, Borrow, of these STANDARDS AND SPECIFICATIONS. 538.00 Subgrade The bottom of the excavation for the pavement, or top of the fill, will be known as the pavement subgrade and will conform to the lines, grades, and cross sections shown on the accepted plans. All applicable portions of Section 345.02, Roadway Excavation, Backfill and Compaction, of these STANDARDS AND SPECIFICATIONS, shall apply. Prior to the street being excavated, all service cuts will be checked to confirm the backfill meets density requirements. If deficient, they will be re -compacted and brought up to specified density. After excavation and embankment is completed and the Subgrade brought to final grade, it will be rolled with a rubber -tired roller which is a minimum size of eight (8) to twelve (12) tons and other compaction equipment as required to bring the subgrade to the required density and stability. The following standards will be in effect: Soils meeting AASHTO M-145 Soil Classifications of A-1, A- 2-4, A-2-5, and A-3 will be compacted to a minimum of one -hundred (100) percent of maximum dry density as determined by AASHTO T-99. All other soil classifications will be compacted to a minimum of ninety-five percent (95%) of maximum dry density as determined by AASHTO T-99. The moisture content will be maintained within +1- two percent (2%) of optimum moisture for A-1 through A-5 mtaerials and optimum to two percent (2%) above for A-6 and A-7-6 materials during compaction. Additional wetting may be required when the minimum water requirement is not sufficient to produce a stable condition in the subgrade soil. The maximum length of any road section being worked at any one time shall not exceed three hundred feet (300') without the approval of the Town Engineer. No paving, subgrade, or base will be placed on soft, spongy, frozen unstable subgrade, which is considered unsuitable by the Town Engineer. Proof rolling shall be completed in accordance with Section 344.00. Soft and yielding material and portions of the subgrade which show deflection will be scarified and re -rolled or will be removed and replaced with subgrade course material, then placed and compacted as specified herein. Subgrade will not be approved for base course construction until it is uniformly stable. 538.01 Subexcavation for Expansive Soils Soils with a Plasticity Index (P.I.) over ten (10) and less than thirty- (30) shall be sub excavated and recompacted per the soils reports and as approved by the Town Engineer. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-18 FIRESTONE SECTION SOa ROADWAY & ASPHALT DESIGN c o; �. o, :x .a, .a. ,o 539.00 Subgrade Construction 539.01 Materials Subgrade material will be composed of granular material consisting, essentially, of sand, gravel, rock, slag, disintegrated granite or a combination of such materials. The coarse portions of the material will be sound fragments of the crushed or uncrushed materials enumerated above. Supplied material will be a well -graded mixture containing sufficient soil mortar, crushed dust, or other proper quality binding material which, when placed and compacted in the roadway structure, will result in a firm, stable foundation. Material composed of uniform size particles, or which contains pockets of excessively fine or excessively coarse material, will not be acceptable for use. This material need not be crushed but will be graded within the following limits: Standard -Size of Sieve % By Weight Passing Sieve 2-1/2 inch 100 2 inch 95 - 100 No. 4 30 - 60 No. 200 5 - 15 Liquid Limit 35 Maximum Plasticity Index 6 Maximum 539.02 Construction . The construction of subgrade will consist of preparing the approved subgrade material to form a stable foundation. on which to construct base course, in conformity with the lines, grades and typical cross sections shown on the plans, and as staked by the developer's engineer. In addition, subgrade material will be used to replace unsuitable foundation materials at locations shown on the plans, or as directed by the Town Engineer. Each layer of material will be placed and spread so that after compaction it will conform to the width and crown of the typical cross sections. The wetting of subgrade layers will be done with sprinkling equipment of a type, which insures uniform and controlled distribution of the water. All wetting will be done by uniformly sprinkling each layer of material being placed with only that amount of water needed to obtain maximum density of the material. Travel may be allowed over subgrade to assist in compaction of the material. Mixing and blading of the subgrade material on the street will be required if the material is. spotty and non -uniform. However, blading will be held to a minimum in order to avoid the floating of the heavier rock particles to the surface. Concurrently with the wetting operations, the material will be uniformly compacted by rolling. Rolling equipment will consist of one or more of the following: rubber tired roller, sheep foot roller and flat wheel steel roller. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-19 ROADWAY & ASPHALT DESIGN FIRESTONE C Q :L O, :R A ;R O, SECTION 5O0 i539.03 Underdrain Landscape medians and landscaping next to curb and gutter shall be provided with underdrain to handle sprinkler runoff and nuisance flows. All roads with detached sidewalk and landscaped tree lawns will require curb underdrains. See Standard Details ST 17 and ST 18. 640.00 BITUMINOUS CONSTRUCTION 541.00 General The intent of this section is to specify materials and methods to be used for the construction, overlaying, seal coating and pavement rejuvenating of streets, parking lots, walks, drain ways, and other miscellaneous work requiring the use of aggregates. The work covered will include general requirements that are applicable to aggregate base course, bituminous base and pavements of the plant mix type, bituminous prime coat, bituminous tack coat, rejuvenating applications, and asphalt concrete overlay. All workmanship and material will be in accordance with requirements of these STANDARDS AND SPECIFICATIONS and in conformity with the lines, grades, depths, quantity requirements, and the typical cross section shown on the plans or as directed by the Town Engineer. 542.00 Base Course This item shall consist of a foundation course composed of crushed recycled concrete and filler, constructed on the prepared subgrade. Crushed gravel or crushed stone may be used with approval of the Town Engineer. Materials and construction will be in accordance with the • requirements of Section 703 03, Table 703-2, of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. Gradation will be Class 5 (1-112" maximum) or Class 6 (314" maximum). The base course material shall be placed on the previously prepared subgrade at the locations and in the proper quantities to conform to the typical cross sections as shown on the accepted plans and as directed by the Town Engineer. Base course shall be placed under curb, gutter, and attached sidewalk. Placing and spreading will be done by means of a spreader machine, moving vehicle, motor grader, or by other approved equipment methods. The material will be placed without segregation. Any segregated areas will be removed and replaced with uniformly graded material at the Contractor's expense. The base material may be placed in lifts of up to six inches (6"), providing that after compaction, uniform density is obtained throughout the entire depth of the lift. If the required depth exceeds six inches (6"), it will be placed in two or more lifts of approximate equal thickness. If uniform density cannot be obtained by six-inch (6") lifts, the maximum lift will not exceed four inches (4") in final thickness. Base material shall not be placed on a foundation that is soft or spongy or one that is covered by ice or snow. Base material will not be placed on a dry or dusty foundation where the existing condition would cause rapid dissipation of moisture from the base material and hinder or preclude its proper compaction. Such dry foundations will have water applied to them and will be reworked or recompacted. Rolling will be continuous until the base material has been compacted thoroughly in. accordance I* with Section 304 of the Colorado Department of Transportation Standard Specifications for Road STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-20 ROADWAY & ASPHALT DESIGN fIRESTONE SECTION 500 and Bridge Construction. Water will be uniformly applied as needed during compaction to obtain optimum moisture content and to aid in consolidation. The surface of each layer shall be maintained during the compaction operations in such a manner that a uniform texture is produced and the aggregates are firmly placed. The finished base course surface shall be smooth and free of ruts and irregularities, and will be true to grade and crown as shown on the plans or as directed by the Town Engineer. The base course will be maintained in this condition by watering, drying, rolling, or blading or as the Town Engineer may direct until the surfacing is placed. 543.00 Prime Coat (Left Blank Intentionally) 544.00 Hot Bituminous Pavement All pavements shall be Plot bituminous pavement of the plant mix type unless otherwise approved in writing by the Town Engineer. Materials and construction will be in accordance with Section 403 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, and the following requirements: A. The asphalt cement shall be a Superpave Performance graded (PG) binder and content determined by the mix design. Superpave PG asphalt binders shall comply with CDOT Standard Specifications for Road and Bridge Construction. The asphalt contractor shall furnish certified test results from an independent asphalt testing - laboratory to show compliance of the proposed Superpave PG asphalt binder with the Superpave requirements for that mix. B. The gradation of the mineral aggregate will be grading SG (1 112" nominal), or S (314" nominal) for new street construction. Grading SX (1/2" nominal) shall be used for top lifts and overlays or in special cases as required on the accepted plans or authorized in writing by the Town Engineer. C. All mixes shall be designed with 1% lime. D. A maximum of twenty percent (20%) Reclaimed Asphalt Pavement (RAP) will be allowed in (non -polymer or non -rubberized) mixes, provided that all the requirements for hot bituminous pavement are met. E. The mix will conform to the job mix formula specified by the Town Engineer for the pit -supplied materials, if a current job mix formula is available. A copy of the mix formula will be submitted to the Town Engineer for review and approval at least seven (7) days prior to starting paving work. All testing done throughout this construction period, which is necessary to assure conformance of materials and workmanship to the specifications, will be at the Contractor's expense. Two copies of all test reports will be submitted directly to the Town Engineer. In the event that a current job mix formula is not available for the materials proposed for use, the Contractor will submit a job mix formula prepared by a recognized testing laboratory for review and acceptance by the Town Engineer. A report giving the properties of the materials and certifying their conformance to or deviations from the requirements of the specifications will accompany the job mix formula. • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-21 FIRESTONE ROADWAY & ASPHALT DESIGN c .o: i o::R A ,D, :o SECTION 500 • When tested in accordance with the requirements of ASTM D-1559, the mixture will conform to the following limits: TABLE 500-1 MIX DESIGN PROPERTIES • Low EDLA < 40 Marshall Stability (minimum)' 1800 lb./ S 37 Marshall Flow minimum hundredths of an inch 8 Flow maximum hundredths of an inch 18 Air voids, total mix, % 3 to 5 VMA3 12-13-14 Percent voids filled with bitumen 65-75 High EDLA > 40 Marshall Stabili minimum)' 2000 lb./ S 39 Marshall Flow minimum hundredths of an inch 8 Marshall Flow maximum hundredths of an inch 16 Air voids, total mix, % 3 to 5 VMA3 12-13-14 Percent voids filled with bitumen 65-75 ' - Marshall Stability (50 Blow)IHveem Stability 2 - Marshall Stability (75 Blow)IHveem Stability3 - Refer to Table 500-2 TABLE 600-2 VOIDS IN THE MINERAL AGGREGATE' Nominal Maximum Mix Air Voids, Percent Particle Size 3.0 4.0 5.0 314" 12.0 13.0 14.0 112" 13.0 14.0 15.0- 1 - Interpolate minimum voids in the mineral aggregate (VMA) for design air void values between those listed. Determination of the effect of water on the cohesion of the bituminous mixture will be made in accordance with AASHTO T-283 (Lottman). Retained strength will be a minimum of eighty percent (80%). The use of an "anti -stripping" admixture to improve the retained strength characteristics will be permitted only by written permission of the Town Engineer. The cost of admixtures will be borne by the Contractor. All commercial testing and laboratory work necessary to establish the job mix formula and all testing necessary to assure conformance of materials and workmanship to the requirements of the specifications throughout the construction period will be performed at the Contractor's expense. Two copies of all test reports will be submitted directly to the Town Engineer. 544.01 Asphalt/Polymer Combinations The Contractor may submit to the Town Engineer for his review and acceptance a design for the upper three inches (3") of the pavement section utilizing a polymer modified pavement design. These STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-22 ROADWAY & ASPHALT DESIGN FIRES'L0, A A A 0 SECTION 500 designs will be reviewed on an individual project basis and must be accepted by the Town Engineer . prior to construction. 544.02 Weather Limitations Bituminous plant mix shall be placed only on properly constructed and accepted layers that are free from water, snow, or ice. The bituminous mixtures shall be placed only when weather conditions permit the pavement to be properly placed and finished as determined by the Town Engineer. The bituminous mixtures shall be placed in accordance with Table 401-3, Placement Temperature Limitations, of the Colorado Department of Transportation Standards and Specifications for Road and Bridge Construction. Air temperature is taken in the shade. Surface is defined as the existing base on which the new pavement is to be placed. Under certain circumstances, the Town Engineer may waive minimum temperature requirements for placing prime coats and layers of bituminous mixtures below the top layer of the completed pavement. 545.00 Tack Coat When tack coat is specified on the accepted plans or required by the Town Engineer, all materials and construction shall be in accordance with the requirements of Section 407 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. Bituminous material will be SS-1 emulsion, diluted by mixing one (1) gallon of SS-1 emulsion with one gallon of clean water, applied at the rate of five one -hundredths (0.05) to fifteen one -hundredths (0.15) gallons per square yard. 546.00 Seal Coat When seal coat is required, all materials and construction shall be in accordance with the requirements of Section 409 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. The type of bituminous material, cover aggregate, and rates of application will be as shown on the accepted plans. 547.00 Rejuvenating Agent When a rejuvenating agent is specified on the accepted plans or required by the Town Engineer, all materials and construction will be in accordance with the requirements of Section 407 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. 548.00 Heating and Scarifying When heating and scarifying treatment is specified on the accepted plans or required by the Town Engineer, all materials and construction shall be in accordance with requirements of Section 405 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-23 ROADWAY & ASPHALT DESIGN FIRESTONEC o.:�. o. R A ;D ,o SECTION 500 • 549.00 Grinding Grinding will consist of "milling", "grinding", or "cold planning" the existing pavement surface to establish a new surface profile and cross section in preparation for a bituminous overlay. After grinding, the surface will have a grooved or ridged finish, uniform and resistant to raveling or traffic displacement. This textured surface will have grooves of one -quarter inch (114") * one -eighth inch (118"). The existing surface to be ground will include bituminous pavement, concrete utility patches, and a very small amount of concrete pavement. "Wedge cut" grinding will consist of grinding the existing pavement surface a minimum of six feet (6) wide at the existing concrete gutter. The edge of the gutter, end of the finished wedge cut will be one and one-half (1-112) inches below the edge of the existing concrete gutter. The centerline of street edge of the wedge cut will be cut one -eighth inch (118"). The depth of cut will be determined by measuring to the top of the ridges by placing a five-foot (5') straight edge perpendicular to the grooving pattern. "Full width" grinding will consist of grinding the existing pavement surface from edge of gutter to a minimum depth of two inches (2") unless otherwise specified in the contract or directed by the Town Engineer. Grinding around utility castings to the depth of cut before and after encountering the castings will be included in the area of the pavement surface ground. The Contractor may choose to remove the entire existing bituminous pavement around the castings where grinding is not completed, and replace it with bituminous surface course placed and compacted in three inch (X) lifts. The Contractor will vertically cut the limits of the area to be patched, mechanically compact the existing base course, and prime the bottom and vertical edges before backfilling. . The Contractor will remove the cuttings immediately behind the grind machine by belt loader, end loader, power sweeper and/or by hand. The removed material will be disposed of as approved by the Town Engineer. The grinding machine shall be a power operated, self-propelled machine, having a cutting drum with lacing patterns that will attain a grooved surface and produce grinding chips of less than one inch (1 ") in size. The grinding machine will be equipped with a pressurized watering system for dust control. The equipment will be a type that has successfully performed similar work. The cleaning equipment shall be a type, which will efficiently remove all loosened material and load into trucks for hauling and spreading. Because of the nature of the streets to be ground and the traffic restrictions, a belt loader followed by a power sweeper and manual sweeper is the most desirable method. FLUSHING INTO THE TOWN'S STORM SEWER SYSTEM AS A MEANS OF CLEANUP IS PROHIBITED. 550.00 CONCRETE PAVEMENT The installation of concrete pavement, including materials, equipment, foundation and construction methods must be in conformance with Section 412, "Portland Cement, Concrete Pavement" of the Colorado Department of Transportation Highways Standard Specifications for Road and Bridge Construction, except as modified herein or as modified with the approval of the Town Engineer. Specifications for concrete work, Section 400, Concrete Work, of these STANDARDS AND SPECIFICATIONS, must be followed. Concrete pavements will be installed .as shown on the accepted plans or as approved by the Town Engineer. When concrete pavement is constructed on STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-24 FIRESTONE SECTION 500 ROADWAY & ASPHALT DESIGN c o, :L o. R A. ,o, o a curve, flexible forms will be used having a radius of two hundred feet (200') or less, unless • otherwise directed by the Town Engineer. The Contractor will furnish steel pins to use in setting grades for concrete pavement. 550.01 Lime Treated Subgrade In those instances where deemed necessary by a qualified Soils Engineer and accepted by the Town Engineer, Portland Cement treated base may be required. When required, this base shall comply with Section 307, Lime Treated Subgrade, of the Colorado Department of Transportation Standard Specifications for Roads and Bridge Construction. 660.00 APPURTENANT CONCRETE STRUCTURES 561.00 General Curb, curb ramps, gutter, sidewalk, cross pan, and driveway construction will conform to all applicable provisions of these STANDARDS AND SPECIFICATIONS and the Standard Drawings. 562.00 Materials 562.01 Cement Concrete All cement concrete materials, reinforcing steel, and concrete work will conform to the requirements of Section 400, Concrete Work, of these STANDARDS AND SPECIFICATIONS. 562.02 Forms Forms may be wood or metal and will have a depth equal to or greater than the slab thickness. The face of curbs will be formed, unless otherwise permitted by the Town Engineer. Forms will have a cross section and strength and be secured so as to resist the pressure of the poured concrete without springing or settlement. The connection between sections will be performed by a method in which the joint thus formed will be free from movement in any direction. Each section of form will be straight and free from warps or bends. The maximum deviation of the top surface will not exceed one -eighth inch (118") inside face not more than one-fourth inch (114") from a straight line in ten feet (10'). Approved flexible forms will be used for construction where the radius is one hundred fifty feet (150') or less. 663.00 General Requirements 563.01 Curb and Gutter Section The section to be constructed will be as identified on the approved plans or as shown on the Standard Drawings. 563.02 Sidewalks .Sidewalks will be six inches (6") thick where detached or attached, unless noted otherwise on the accepted plans, and shall be constructed to the dimensions shown on the accepted plans. All areas STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-25 C, • • RESOLUTION NO.20-37 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ADOPTING THE TOWN OF FIRESTONE DESIGN STANDARDS AND CONSTRUCTION SPECIFICATIONS FOR PUBLIC IMPROVEMENTS 2020 EDITION WHEREAS, the Town of Firestone C'Town") Design Criteria and Construction Regulations ("Standards and Specifications") were adopted by the Town's Board of Trustees in 2002 with only minor modifications since their adoption; and WHEREAS, over the last eighteen years there have been numerous and significant updates regarding industry standards, materials and construction practices; and WHEREAS, it is, thus, essential that the Town update its Standards and Specifications to ensure that Town -owned public improvements, which include, for example, roadways, curbs,, gutters and sidewalks, water, sanitary sewer and storm drainage systems, and traffic signal improvements, are designed, constructed, operated and maintained in a manner that both provides high quality facilities and ensures public safety. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Town of Firestone Design Standards and Construction Specifications ror Public Improvements 2020 Edition is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute same on behalf of the Town. INTRODUCED, READ AND ADOPTED this 8th day of April, 2020. \¢[STO�y� TOWN r Q�fiE9L $ . �a _OUN7Y, GO ATTEST: /57 Jessica Koeni , own Clerk AP RO AS TO FORM: WilliatTayashl, Town Attorney TOWN OF FIRESTONE, COLORADO Bobbi Sindelar, Mayor Design Standards and Construction Specifications For Public Improvements FIRESTONE • TABLE OF CONTENTS 7c. o L o'':a. 'A. n :o ' DESIGN STANDARDS AND CONSTRUCTION SPECIFICATIONS FOR PUBLIC IMPROVEMENTS SECTIONS GENERAL REQUIREMENTS 100 ACCEPTANCE PROCEDURES 200 SITE WORK 300 CONCRETE WORK 400 ROADWAY & ASPHALT DESIGN 500 WATER SYSTEM 600 SANITARY SEWER SYSTEM 700 STORM DRAINAGE SYSTEM 800 • TRAFFIC SIGNALS 900 PARKS AND RECREATION 1000 STANDARD DETAILS CURB/GUTTER & SIDEWALKS STREETS SANITARY SEWER STORM SEWER TRAFFIC SIGNALS WATER GENERAL NOTES CONSTRUCTION GRADING ROADWAY SANITARY SEWER STORM SEWER WATER STANDARDS AND SPECIFICATIONS 112020 GENERAL REQUIREMENTS FIRESTONE SECTION 100 SECTION 100 GENERAL REQUIREMENTS • SECTION PAGE 110.00 TITLE........................................................................................................100-4 111.00 Purpose................................................................................................100-4 120.00 SCOPE.....................................................................................................100-4 121.00 Alternate Materials and Methods of Construction............................100-4 122.00 Modifications ................... :................................................................... 100-4 123.00 Quality Control and/or Quality Assurance Testing...........................100-5 124.00 Organization, Enforcement and Interpretation.................................100-5 125.00 Liability ....................................... .......................................................... 100-6 126.00 Violations.............................................................................................100-6 127.00 No Waiver of Legal Rights..................................................................100-6 128.00 Contractor's License...........................................................................100-6 • 130.00 SCOPE OF WORK...................................................................................100-6 131.00 Work Conditions..................................................................................100-6 131.01 Working Hours....................................................................................100-6 131.02 Emergency Work................................................................................100-7 131.03 Final Cleanup............................................................ .....100-7 132.00 Control of Work...................................................................................100-7 132.01 Authority of Town Engineer.................................................................100-7 132.02 Authority and Duties of Inspector........................................................100-7 132.03 Contractor's Responsibility for Work...................................................100-8 132.04 Removal of Unauthorized and Unacceptable Work ............................ 100-8 133.00 Control of Materials.............................................................................100-8 133.01 Samples and Tests.............................................................................100-8 133.02 Storage of Materials............................................................................ 100-9 133.03 Defective Materials.............................................................................100-9 140.00 GENERAL REQUIREMENTS...................................................................100-9 141.00 Protection of Public and Utility Interests..........................................100-9 141.01 Public Convenience and Safety..........................................................100-9 . 141.02 Protection and Restoration of Property and Survey Monuments ........100-9 - STANDARDS AND SPECIFICATIONS 2020 EUTI�oN PAGE 100-1 UI FIRESTONE GENERAL REQ UIREMENTS REMENTS C. o L o e A' u o' SECTION 100 141.03 Surveys............................................................................................ 100-10 141.04 Survey Monuments ................................. .......................................... 100-10 141.05 Protection of Streams, Lakes and Reservoirs...................................100-11 141.06 Dust proofing.................................................................................... 100-11 141.07 Traffic Control, Barricades and Warning Signs.................................100-11 142.00 Use of Town Water............................................................................100-13 143.00 Pavement Cuts...................................................................................100-13 143.01 Pavement Replacement Construction Requirements.. ..................... 100-13 144.00 Public Utility Easements...................................................................100-13 150.00 PERMITS AND INSPECTIONS..............................................................100-14 151.00 Stormwater Quality Permit ....... ........................................................ 100-14 151.01 Application for Permit........................................................................ 100-14 152.02 Permit Issuance................................................................................100-15 152.03 Permit Suspension or Revocation............... .........100-15 ............................. 152.00 Public Improvement Permit...........................................................100-15 152.01 Application for Permit........................................................................100-15 152.02 Permit Issuance................................................................................100-16 152.03 Permit Expiration ................................................ .............................. 100-16 152.04 Permit Suspension or Revocation..................................................... 100-17 152.05 Plan Review Fees.............................................................................100-17 152.06 Public Improvement Permit Fees .......................................... ............ 100-17 152.07 Investigation Fees (Working without a Permit)..................................100-17 153.00 Right of Way Permit..........................................................................100-18 153.01 Application for Permit........................................................................ 100-18 153.02 Permit Issuance................................................................................100-18 153.03 Permit Expiration.......................................................................I......100-18 153.04 Permit Suspension or Revocation..................................................... 100-19 154.00 Access Permit ................ .................................................................... 100-19 154.01 Application for Permit........................................................................ 100-19 154.02 Permit Issuance................................................................................100-20 154.03 Permit Expiration..............................................................................100-20 154.04 Permit Suspension or Revocation..................................................... 100-20 155.00 Inspections........................................................................................100-20 155.01 Additional Inspections and Re -inspections ....................................... 100-21 160.00 PLANS AND SPECIFICATIONS............................................................100-21 161.00 Construction Plan Requirements.....................................................100-22 161.01 General Requirements...................................................................... 100-22 161.02 Preliminary Construction Plan Requirements ................................ 100-22 STANDARDS AND SPECIFICATIONS 2020 EDMON PAGE 100-2 FIRESTONE GENERAL REQUIREMENTS. C0, L, Q R! SECTION 100 .161.03 Final Construction Plan Requirements.......:................ ................ 100-24 162.00 Engineering Reports ......................................................................... 100-29 162 .01 Preliminary Reports ........................................................................... 100-29 162.02 Final Engineering Reports ................................................................. 100-39 170.00 DEFINITIONS AND ABBREVIATIONS .................................................. 100-44 171.00 Definitions ............................................................ .............................. 100-44 172.00 Abbreviations ...................................................................................... 100-45 173.00 Terms .................................................................................................. 100-46 174.00 Specifications by Reference ............................................................. 100-47 FIRESTONE GENERAL REQUIREMENTS c, o L. o e n o o SECTION 100 • SECTION 100 GENERAL REQUIREMENTS 110.00 TITLE These regulations shall be known as the Town of Firestone Design Standards and Construction Specifications for Public Improvements 2020 Edition and may be cited as such and will be referred to herein as the STANDARDS AND SPECIFICATIONS. 111.00 Purpose The purpose of these STANDARDS AND SPECIFICATIONS is to provide acceptable standards of design, construction, quality of materials, use, location, and maintenance of all public improvements and common facilities including, but not limited to, sanitary sewer systems, water supply systems, storm drainage systems, streets, open space, parking lots and appurtenances thereto. 120.00 SCOPE The provisions of these STANDARDS AND SPECIFICATIONS shall apply to the construction, enlargement, alteration, moving, removal, conversion, demolition, repair, and excavation of any public improvements or common facilities specifically regulated herein except where an approved P.U.D. plan specifically states otherwise. The provisions of these STANDARDS AND SPECIFICATIONS apply to Town contracts, Developer contracts and private contracts. Alterations, additions, or repairs to existing improvements shall comply with all requirements of these STANDARDS AND SPECIFICATIONS unless specifically exempted in writing, by the Town • Engineer. 121.00 Alternate Materials and Methods of Construction • The provisions of these STANDARDS AND SPECIFICATIONS are not intended to prevent the use of any material or method of construction not specifically prescribed by these procedures, provided any alternate has been approved and its use authorized by the Town Engineer. The Town shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding the alternate. The details of any action granting approval of an alternate shall be recorded and entered in the files of the Town. 122.00 Modifications Whenever there are practical difficulties involved in carrying out the provisions of these procedures, for example in existing Town subdivisions, or a request for a change in the provisions, the Town may grant modifications for individual cases, provided the Town shall first find that a special individual reason makes these procedures impractical, that the request is in the best interest of the Town, that the modification is in conformity with the intent and purpose of these procedures, and providing that such modification does not lessen any design requirement or any degree of integrity or safety. The details of any action granting modifications shall be recorded and entered in the files of the Town. The Town Engineer shall make the interpretation and the interpretation shall be binding and controlling in its application. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-4 GENERAL REQUIREMENTS FIRESTONE c _ o 1 o. SECTION 100 123.00 Quality Control and/or Quality Assurance Testing Whenever there is insufficient evidence of compliance with any of the provisions of these STANDARDS AND SPECIFICATIONS or evidence that any material or construction does not conform to the requirements herein, the Town Engineer shall require that the Contractor have tests performed which will be used as proof of compliance. Test methods will be as specified by these STANDARDS AND SPECIFICATIONS or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Town Engineer will determine test procedures. All tests will be made by an approved agency and all costs shall be the responsibility of the contractor. Reports of such tests shall be submitted and retained by the Town. The person responsible for the Quality Control Testing and/or Quality Assurance Testingshall be registered as a professional engineer in the State of Colorado and practicing in this field. Technicians shall be: A. Certified as Level II or higher NICET in the specific area where they perform tests, i.e. soils, concrete, etc. 1. Technicians taking concrete samples and conducting field tests must have a valid ACI Field certification or equivalent. 2. Technicians conducting tests of Portland Cement Concrete for compressive strength shall possess a valid ACI Laboratory Grade I certification or equivalent. 3. Technicians conducting tests or Portland Cement Concrete for flexural strength and determining mixture design characteristics shall possess a valid ACI Laboratory Grade II certifications or equivalent. • B. Technicians performing Quality Control and Quality Assurance sampling, splitting or testing on Hot Mix Asphalt Pavement materials in the field and laboratory must possess one or more of the following qualifications: 1. Technicians sampling hot mix asphalt materials or conducting nuclear asphalt density tests must possess a valid LabCat Level A certification or equivalent. 2. Technicians conducting tests of Asphalt Content, Bulk Specificity Gravity, Maximum Specific Gravity or Aggregate Gradation for hot mix asphalt must possess a valid LabCat Level B certification or equivalent: 3. Technicians determining Asphalt Mixture Volumetric Properties, Hveem Stability or Resistance to Moisture Induced Damage must possess a valid LabCat Level C certification or equivalent. Recognized equivalent certifications such as CDOT or Western Alliance for Quality Transportation Construction (WAQTC) certifications for each specified field can be submitted and will be reviewed on an individual basis. 124.00 . Organization, Enforcement and Interpretation The Town Engineer is authorized and directed to enforce all provisions of these STANDARDS AND SPECIFICATIONS and for such purposes he/she will have the powers of a peace officer. The Town Engineer may appoint a civil engineer, construction inspector, or other related technical officer or inspector, or other employee or consultant to act in his/her behalf. Whenever any work is being done contrary to the provisions of these STANDARDS AND SPECIFICATIONS, the Town Engineer may order the work stopped by verbal notice by his appointed representative as defined above, followed by a written notice which will be served on any STANDARDS AND SPECIFICATIONS 2a20 EDITION PAGE 100-5 FIRESTONE GENERAL REQUIREMENTS c o 1 o .R' .A. n o° SECTION 100 . persons engaged in the doing or causing of such work to be done, and any such persons will forthwith stop such work until authorized by the Town Engineer to proceed. These STANDARDS AND SPECIFICATIONS are composed of written engineering standards, materials specifications and standard drawings. The Town Engineer shall make the interpretation of any Section, or of any difference between Sections, when appropriate, and his/her interpretation shall be binding and controlling in its applications. 125.00 Liability The Town Engineer, or his authorized representative charged with the enforcement of these STANDARDS AND SPECIFICATIONS, acting in good faith and without malice in the discharge of his duties, will not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. 126.00 Violations It shall be unlawful for any person, firm, or corporation to construct, enlarge, alter, repair, move, improve, remove, excavate, convert, demolish or operate any public improvements or common facilities or permit the same to be done in violation of these STANDARDS AND SPECIFICATIONS. 127.00 No Waiver of Legal Rights The Town will not be precluded or stopped by any measurement, estimate, or certificate made either • before or after the completion and acceptance of the work from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that the work or materials do not conform in fact to these STANDARDS AND SPECIFICATIONS. 128.00 Contractor's License Any person performing work that requires a permit as detailed in Section 151.00 of these STANDARDS AND SPECIFICATIONS shall obtain a Contractor's License as set forth in the Town of Firestone's Municipal Code. 130.00 SCOPE OF WORK 131.00 Work Conditions 131.01 Working Hours All work to be completed on the project shall be performed during regular working hours as defined in Section 171.00 of these STANDARDS AND SPECIFICATIONS as adopted by Municipal Code. The Contractor will not permit overtime work outside of regular working hours or the performance of work on Saturday, Sunday or any legal holiday without receiving written consent from the Town Engineer. Requests for weekend work approval must be submitted, in writing to the Town of Firestone no later than Wednesdays at 3:30pm for subsequent weekend and requests for Holiday work approval must be submitted, in writing to the Town of Firestone no later than 7:00am two (2) . business days prior to the Holiday. All expenses incurred by the Town shall be reimbursed at a rate to be determined by the Director of Finance. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-6 n FIRESTONE � 0 GENERAL REQUIREMENTS c o. L o. R a D o SECTION 0 131.02 Emergency Work When, in the opinion of the Town, the Contractor has not taken sufficient precautions to ensure the safety of the public or the protection of the work to be constructed, or of adjacent structures or property which may be injured by processes of construction on account of such neglect, and an emergency may arise and immediate action is considered necessary in order to protect public or private, personal or public interests, the Town, WITH OR WITHOUT NOTICE to the Contractor or the Developer, may provide suitable protection by causing such work to be done and material to be furnished and placed as the Town may consider necessary and adequate. The cost and expense of such work and material so furnished will be borne by the Contractor or Developer and will be paid on presentation of the bills. The performance of such emergency work under the direction of the Town will in no way relieve the Contractor of responsibility for damages which may occur during or after such precaution has been taken. In an emergency threatening loss of life or extensive damage to the work or to adjoining property, and where the Developer or Contractor is unable to obtain special instructions or authorization from the Town after diligent attempts to obtain such special instruction or authorization in sufficient time to take the necessary action, the Developer or Contractor is hereby permitted to act at his own discretion to prevent such threatening loss or damage. 131.03 Final Cleanup Upon completion of the work, the Contractor shall remove from the project area all surplus and discarded materials, rubbish, and temporary structures, and leave the project area in a neat and presentable condition. The Contractor shall restore all work that has been damaged by his/her operations, to general conformity with the specifications for the item or items involved. The Contractor shall inspect the interior of all manholes, valve boxes, and catch basins within the construction limits for construction materials, dirt, stones, or other debris deposited therein by the activities of the Contractor. 132.00 Control of Work 132.01 Authority of Town Engineer The Town Engineer will have the authority to stop the work whenever such stoppage may be deemed necessary. The Town Engineer will resolve all questions which arise as to the quality and acceptability of materials furnished, work performed, interpretation of the plans and specifications, and acceptable fulfillment of the requirements of these STANDARDS AND SPECIFICATIONS. The Town Engineer may, when helshe deems it necessary, define the schedule and/or priority of the work to be completed on the project. The Contractor shall comply with this schedule. The Town Engineer must authorize any revision to the schedule in writing. The Town Engineer shall resolve all questions that may arise relative to the performance of the work with respect to these STANDARDS AND SPECIFICATIONS. C, 132.02 Authority and Duties of Inspector Inspectors are authorized to inspect all work completed and all material furnished. Inspections may • extend to all or any part of the work and to the preparation, fabrication, or manufacture of the STANDARDS AND SPECIFICATIONS 202DEDITION PAGE 100-7 GENERAL REQUIREMENTS FIRESTONE SECTION 104 C O, L O R A' �D O' materials to be used. The inspector is not authorized to revoke, alter, or waive any requirements of these STANDARDS AND SPECIFICATIONS. He/she is authorized to call the attention of the Contractor to any failure of the work or materials to conform to these STANDARDS AND SPECIFICATIONS. Inspectors are authorized to serve a "Field Order" when inspection of the project reveals violation(s) of these STANDARDS AND SPECIFICATIONS. The inspector will have the authority to reject materials until the Town Engineer can resolve any questions at issue. The inspector will, in no case, act as foreman or perform other duties for the Contractor, nor interfere with the management of the work done by the Contractor. Any "advice" which the inspector may give the Contractor will not be construed as binding upon the Town Engineer or the Town in any way, or release the Contractor from fulfilling all of the terms of these STANDARDS AND SPECIFICATIONS. The presence or absence of the inspector will not relieve, in any degree, the responsibility or the obligation of the Contractor. The Town Engineer and inspector will, at all times, have reasonable and safe access to the work whenever it is in preparation or progress and the Contractor will provide proper facilities for such access and inspection. 132.03 Contractor's Responsibility for Work In case of suspension of work for any cause, the Contractor, before leaving the job site, shall take such precautions as may be necessary to prevent damage to the project, provide for normal drainage and erect any necessary barricades, signs, or other facilities, at his/her expense, as directed by the Town Engineer and required by these STANDARDS AND SPECIFICATIONS. • 132.04 Removal of Unauthorized and Unacceptable Work Work, which does not conform to the plans and specifications, and results in an inferior or unsatisfactory product, will be considered unacceptable work. Unacceptable work, whether the result of poor workmanship, poor design, use of defective materials, damage through carelessness or any other cause, found to exist prior to the final acceptance of the work will be immediately removed and acceptably replaced or otherwise satisfactorily corrected by and at the expense of the Developer or Contractor. This expense includes total and complete restoration of any disturbed surface to original or better than the original condition that existed before the repairs or replacement, regardless of improvements on lands where the repairs or replacement are required. 133.00 Control of Materials 133.01 Samples and Tests To ascertain that materials comply with contract requirements, samples will be taken and/or tests made at the source or at the job destination, at the discretion of the Town Engineer and as often as he deems it advisable or necessary. Taking of samples and completion of tests will be in accordance with standard practices except where methods and procedures for sampling materials are otherwise set forth in these STANDARDS AND SPECIFICATIONS. The Contractor shall furnish, without charge, all samples, tests and reports required by the Town . Engineer and will afford such facilities as may be necessary for collecting and forwarding them. The contractor may be required to furnish, when requested by the Town Engineer, a written statement giving the origin, composition and process of manufacture of a material. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-8 GENERAL REQUIREMENTS FIRESTONE SECTION 100 133.02 Storage of Materials Materials shall be stored so as to insure the preservation of their quality and suitability for the work. Stored materials, even though approved prior to storage, will be subject to inspection prior to their use in the work and will meet all requirements of these STANDARDS AND SPECIFICATIONS at the time they are used. Stored materials will be located so as to facilitate inspection. With the Town Engineer's approval, portions of the right-of-way not required for public travel may be used for storage purposes and for the placing of the Contractor's materials and equipment but any additional space required will be provided by the Contractor at his expense. 133.03 Defective Materials Materials not in conformance with requirements of these STANDARDS AND SPECIFICATIONS will be considered defective and will be rejected. Rejected materials shall be removed from the work site in the time indicated by the Town Engineer. 140.00 GENERAL REQUIREMENTS 141.00 Protection of Public and Utility Interests 141.01 Public Convenience and Safety Fire hydrants will be visible and accessible to the Fire Department from the street at all times. No obstructions will be placed within five (5) feet of a fire hydrant. Unless otherwise specified, the Contractor will give notice, in writing, to the proper authorities in charge of streets, gas and water pipes, electric service, cable television and other conduits, railroads, poles, manholes, valve boxes, catch basins and all other property that may be affected by the Contractor's operations, at least seventy-two (72) hours before breaking ground. The Contractor will not hinder or interfere with any person in the protection of such property, or with the operation of utilities at any time. The Contractor must obtain all necessary information in regard to existing utilities, protect such utilities from injury, and avoid unnecessary exposure so that they will not cause injury to the public. If a temporary utility outage is required to perform the work, the contractor shall be responsible to coordinate with the Town of Firestone for determination of minimum notification time requirements and maximum time allowed for the outage. Once determined, the contractor shall notify the affected utility customers. The Contractor shall obtain all necessary information in regard to the planned installation of new utilities and cables, conduits and transformers, make proper provision and give proper notification so that new utilities and electrical equipment can be installed at the proper time without delay to the Developer or Contractor or unnecessary inconvenience to the owner. The location of new underground utilities and electrical equipment shall not be covered with pavement prior to the installation of such facilities. When the work involves excavation adjacent to any building or wall along the work, the Contractor will give property owners due and sufficient notice thereof, in writing with a copy to the Town. 141.02 Protection and Restoration of Property and Survey Monuments STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-9 • • • GENERAL REQUIREMENTS FIRESTONECSECTION 100 O 'L O R A D O • The Developer and. Contractor shall use every reasonable precaution to prevent the damage or destruction of public or private property such as poles, trees, shrubbery, crops, fences, and survey monuments adjacent to or interfering with the work, and all overhead structures such as wires, cables, within or outside of the right -of --way. The Contractor shall protect and support all water, gas, sanitary sewer, storm sewer or electrical pipes or conduits, and all railway tracks, buildings, walls, fences or other properties that are liable to be damaged during the execution of his work. He will take all reasonable and proper precautions to protect persons, animals, and vehicles from injury, and wherever necessary, will erect and maintain a fence or railing around any excavation and place a sufficient number of amber lights about the work and keep them burning from twilight until sunrise. He will employ one or more watchmen as an additional security wherever they are needed or required by the Town Engineer. The Contractor shall not prevent the flow of water in the gutters of the street and will use proper means to permit the flow of surface water along the gutters while the work is progressing. The Contractor must protect and carefully preserve all land boundary and Town survey control monuments. Any monument that may be disturbed shall be referenced and replaced by a Professional Land Surveyor registered in the State of Colorado. All monuments disturbed or removed by the Contractor, through negligence or carelessness on his part or on the part of his employees or subcontractors, shall be replaced at the Contractor's expense. Replacement of any monument shall be completed in accordance with the requirements set forth in Section 141.04 of these STANDARDS AND SPECIFICATIONS. No person shall remove or disturb any grade or line stakes or marks set by the Town Engineer for all construction. Developer and Contractor shall be responsible for the damage or destruction of property resulting from neglect, misconduct, or omission in his/her manner or method of execution or non -execution of the work, or caused by defective work or the use of unsatisfactory materials. They will restore such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or replacing it as may be directed, or they will otherwise make good such damage or destruction in an acceptable manner. Developer and Contractor will be responsible for the repair of underground pipes, wires, or conduits damaged by them or their subcontractors. Developer and Contractor shall be liable for all damage caused by storms and fire, and will under no circumstances, start fires without first securing the necessary permits and approval of the authority having jurisdiction even though they may be ordered or required to do such burning. In burning brush, stumps, or rubbish, care must be taken not to damage any standing trees, shrubs or other property. 141.03 Surveys Surveys will conform to Colorado Bylaws and Rules of Procedures and rules of Professional Conduct of the State Board of Registration for Professional Engineers and Profession Surveyors "Revised". 141.04 Survey Monuments Permanent survey monuments (including the replacement of monuments) range points and lot pins shall be set in accordance with the requirements of Articles 51 and 53 of Title 38, Colorado Revised • Statutes, and as required by the Bylaws and Rules of Procedure of the Colorado State Board of Registration for Professional Engineers and Professional Land Surveyors. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-10 FIRESTONE GENERAL REQUIREMENTS c o o n n u -o SECTION 100 141.05 Protection of Streams, Lakes and Reservoirs The Developer and Contractor will take all necessary precautions to prevent pollution of streams, lakes, and reservoirs with fuels, oils, bitumen's, calcium chloride, or other harmful materials. They will conduct and schedule their operations so as to avoid or minimize siltation of streams, lakes and reservoirs. See Section 151.00 Grading and Stormwater Quality Permit. 141.06 Dust proofing The Contractor will take all necessary steps to control dust arising from operations connected with the work. Unless otherwise directed by the Town Engineer, a water truck shall always be on -site and all disturbed areas of a project shall be watered to prevent dust and wind -caused erosion. 141.07 Traffic Control, Barricades and Warning Signs All construction, maintenance, park or utility work being completed within the Public Right -of -Way must have a Traffic Control Plan (TCP) accepted by the Town Engineer. The TCP is a plan for guiding and handling traffic safely through the construction work zone. The TCP must provide safe methods for movement of pedestrians and motorists that travel through the work zone and a safe area for all workers engaged in the construction activity. The TCP shall show the location, spacing and scheduling of the usage of advance warning signs, barricades, pavement markings and other control devices. All control devices must be installed and maintained in accordance with the "Manual on Uniform Traffic Control Devices" (MUTCD) and the "CDOT Work Zone Safety Handbook", latest editions. Requirements contained in these manuals will be strictly enforced during the progress of the work. The TCP must be job specific. In order for a TCP to be accepted by the Town Engineer it must contain, as a minimum, a drawing showing the project area and the street(s) that may be affected by the project. The drawing shall include the following information: A. Location and spacing of properly planned traffic control devices. B. The length of time that the construction will be in progress. C. The name and phone number(s) for twenty-four (24) hour contact of the Contractor's designated traffic control supervisor. D. Any special notes or information on how the traffic control operation is to be handled. The responsibilities of the Contractor shall include the following: A. Obtain a Public Improvement Permit or Right of Way Permit from the Town of Firestone Engineering Division. B. Provide timely notification to, and coordination with, the following: 1. Frederick -Firestone Fire Protection District 2. Firestone Police Department 3. Firestone Public Works Department. 4. CDOT 5. Utility Companies. 6. RTD 7. St. Vrain Valley School District 8. Post Office all affected agencies including STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-11 • E FIRESTONE GENERAL REQUIREMENTS c o 'L. o x' A. u o SECTION 100 C. Inform occupants of abutting properties of access limitations made necessary by the work. D. Schedule and expedite the work to cause the least inconvenience to the public. Construction or repair work will not be permitted at or in the vicinity of signalized intersections or on major streets and State Highways without advance approval of the Town Engineer and CDOT as applicable. E. Furnish, install and maintain required traffic control devices and facilities, as required throughout the life of the contract (including periods of suspension). F. Provide flagmen when required. G. Assure that survey crews and other employees working in or adjacent to a traveled roadway wear flagging garments as required for flagmen. H. Provide adequate safeguards for workers and the general public. I. Patrol the construction site as required insuring that all devices are in place and operating at all times. J. Remove traffic control devices when they are no longer needed. Intersections and driveways will be closed only for a minimum amount of time. The Contractor shall coordinate driveway closures with property owners with final approval by the Town Engineer. All temporary traffic lanes shall be a minimum of ten (10) feet in width unless otherwise authorized. In addition, lane clearance shall be a minimum of five (5) feet from an open excavation and two (2) feet from a curb or other vertical obstruction. Suitable surfacing must be provided for the temporary traffic lanes in work areas. When traffic is diverted from the existing pavement, temporary surfacing shall be provided as required by the Town • Engineer. Construction equipment not actively engaged in the work, employee vehicles and official vehicles of the agency shall not be parked in the vicinity of the work in such a manner as to further restrict traffic flow. Vehicles and equipment in continuous or frequent use may be operated or parked in the same traffic lane as the work obstruction. Construction spoil or materials may be similarly stored in this area or on the nearby parkway or sidewalk area, provided four (4) feet of sidewalk is kept clear for pedestrian use. To prevent the spoil bank from occupying too great a space at its base, toe boards may be used to keep it two (2) feet from the edge of the excavation on one side and two (2) feet from the edge of the traffic lane on the other. Whenever necessary, trenches and excavation shall be bridged to permit an unobstructed flow of traffic. A. Bridging must be secured against displacement by using adjustable cleats, angles, bolts, or other devices. B. Bridging shall be installed to operate with minimum noise. C. The trench must be adequately shored, to support the. bridging and traffic. D. Temporary paving materials (premix) shall be used to feather the edges of the plates to minimize wheel impact. E. Bridges shall be designed by a P.E. When the work area encroaches upon a sidewalk, walkway or crosswalk area, special consideration must be given to pedestrian safety. Since the pedestrian moves at a relatively slow rate, a minimum iof advance warning is required. However, effort must be made to separate him from the work area. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-12 GENERAL REQUIREMENTS FIRESTONE o L o .a A, D o SECTION 100 All work shall be barricaded at all times and between the hours of sunset and sunrise and shall be properly lighted so as to warn all persons. The Contractor will be responsible for all damages to the work due to failure of barricades, signs, lights, and flagmen and watchmen to protect it, and whenever evidence of such damage is found prior to acceptance the Town Engineer may order the damaged portion immediately removed and replaced by the Contractor. 142.00 Use of Town Water If the Contractor requires Town water for any part of the project, he/she must request a "Town Fire Hydrant Meters Rental Agreement" from the Public Works Department. Any theft of water, including meter jumpers, hose connections in meter pits, drawing water from fire hydrants without a Town of Firestone hydrant meter installed, or any other unauthorized use of Town water will be considered a violation of both this manual and the current adopted Town of Firestone Municipal Code. Uncontrolled usage by contractors and subcontractors will be reported to the responsible property owner. Violations will be enforced in conjunction with the Town of Firestone Municipal Code and/or building permits and inspections may be withheld until such time as violations are corrected and the Town is satisfied that proper control channels are established. 143.00 Pavement Cuts Boring, except for emergency repairs, shall be done for all underground utility installations crossing arterials or streets. An exception may also be granted when a plan is submitted to overlay the entire street (block to block), or the Town Engineer accepts such other plan. All street cuts when accepted must be saw -cut prior to street patching and an approved hot/cold mix asphalt patch shall be placed the same day the cuts are employed. Street cuts when completed shall have permanent patching within five working days, unless otherwise directed. Permittee shall be responsible for maintenance of the permanent patch for a period of two years. If a pavement cut is required, the Contractor will make every effort to install a permanent, hot mix, asphalt patch within twenty-four (24) hours. The Contractor will place a temporary, all weather surface patch in all street cuts immediately after completing backfill and compaction if a permanent patch cannot be installed within twenty-four (24) hours. The Contractor will submit a schedule for the hot mix patch installation to the Town Engineer for approval in the latter case. Refer to Standard Drawings for details. When street cuts are required, the following conditions will be met so as to avoid interference with traffic: A. Street service cuts will be open only between 9:00 a.m. and 4:00 p.m.; and B. Two-way traffic will be maintained at all times around the construction area. A Traffic Control Plan (TCP) must be prepared in accordance with Section 141.08, Traffic Control, Barricades and Warning Signs, of these STANDARDS AND SPECIFICATIONS and submitted to the Town Engineer for his/her acceptance prior to the commencement of construction. 143.01 Pavement Replacement Construction Requirements Pavement replacement for street cuts will be constructed according to the Standard Details.. 144.00 Public Utility Easements STANDARDS AND SPECIFICATIONS - 2020 EDITION PAGE 100-13 • • • • 'FIRESTONE GENERAL REQUIREMENTS c 0. r.. o e! A. D' 0' SECTION 100 Easements must be dedicated for public utility mains and fire hydrants that extend onto or are looped through private property. Utility services that extend onto private property and service a single property are private and will be maintained by the property owner. 150.00 PERMITS AND INSPECTIONS 151.00 Stormwater Quality Permit It shall be unlawful for any person, firm or corporation to conduct any construction activity resulting in the disturbance of one acre or more or the disturbance is less than one acre but is part of a larger common plan of development without first obtaining a Stormwater Quality Permit (SQP) for such work from the Town of Firestone. 151.01 . Application for Permit Applicants for SQPs shall complete an application in writing on a form furnished by the Engineering Department. In support of the application, the .applicant shall submit: A. All information required on the SQP permit and any additional information requested by the Town. B. The application signed by the person or person responsible for compliance with the permit. C. Documentation of an application for a CDPHE stormwater general permit for construction activities D. A stormwater management plan (SWMP) that, in addition to the requirements of the CDPHE stormwater general permit, shall contain: 1. At a minimum, pollutant sources associated with the following construction activities must be addressed: a) All areas of land disturbance and storage of soils b) Vehicle tracking c) Loading and unloading operations d) Outdoor storage of construction site materials, building materials, fertilizers and chemicals e) Bulk storage of materials f) Vehicle and equipment maintenance and fueling g) Significant dust or particulate generating processes h) Routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, and oils i) Concrete truck/equipment washing, including the concrete truck chute and associated fixtures and equipment j) Dedicated asphalt and concrete batch plants k) Other areas or operations where spills can occur 1) Other non-stormwater discharges including construction dewatering not covered under the construction Dewatering Discharges general permit and wash water that may contribute pollutants to the MS4 work, access points with vehicle tracking, temporary/haul roads, and storage and staging areas. 2. Specifications and details for installation and implementation of stormwater control measures. Appropriate control measures must be implemented prior to the start of construction activities, must control potential pollutants during each phase of construction, and must be continued through final stabilization. Appropriate structural control measures must be maintained in operational condition. 3. A narrative description of non-structural control measures. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-14 GENERAL REQUIREMENTS FIRESTONE SECTION 100 4. An erosion control plan that contains control measures for each phase of construction. All developments that include public improvements shall require a phased (initial, interim, and final) erosion control plan. 152.02 Permit Issuance The Town Engineer shall review the application, plans, specifications and other data filed by an applicant for a permit. Other departments of this jurisdiction may review the plans to verify compliance with any applicable laws. If the Town Engineer finds that the work described in an application for a permit and the plans and other data filed therewith conform to the requirements of these STANDARDS AND SPECIFICATIONS and other pertinent laws and Municipal Codes and that all required fees have been paid, he/she will issue a permit to the applicant. The issuing of a permit based on plans', specifications or other data will not prevent the Town Engineer from requiring the correction of errors in said plans, specifications and other data, or from stopping construction operations which are in violation of these STANDARDS AND SPECIFICATIONS or any other regulations of this jurisdiction. A pre -construction conference shall be required prior to the issuance of any permits for construction and may be held in conjunction with pre -construction conferences for other permits. Attendance shall include the Town Engineer or his representative,, the Town Inspector, and the Developer/Owner. The Town Engineer will be notified two (2) working days (forty-eight [48] hours) before the planned construction is to begin. 152.03 Permit Suspension or Revocation The Town Engineer may suspend or revoke any permit in writing, issued under the provisions of these STANDARDS AND SPECIFICATIONS whenever the permit is issued in error, or on the basis of incorrect information supplied by the applicant, or whenever such permit may have been issued in violation or is in violation of any Municipal Code or regulation of any of the provisions of these STANDARDS AND SPECIFICATIONS. In the event a permit is suspended or revoked, no refund of permit fees will be made. 152.00 Public Improvement Permit It shall be unlawful for any person, firm or corporation to construct, enlarge, alter, repair, move, improve, remove, excavate, convert or demolish any public improvements or common facilities regulated by these STANDARDS AND SPECIFICATIONS without first obtaining a Public Improvement Permit for such work from the Town Engineer. 152.01 Application for Permit Applicants for public (and private) improvement permits shall complete an application in writing on a Public Improvement Permit Fees (PIP) form furnished by the Engineering Division. Each application E. Identify and describe the work to be covered by the permit for which the application is made. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-15 • • 0 fIRESTONE GENERAL REQUIREMENTS SECTION 100 F. Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed work. G. Indicate the type of work or improvement intended. H. Be accompanied by plans, diagrams, computations and specifications, and other data as required in Section 160.00 of these STANDARDS AND SPECIFICATIONS. I. Be accompanied by a Construction Traffic Routing Plan as defined in Section 162.02 of these STANDARDS AND SPECIFICATIONS. J. State the valuation and the. quantities of the work to be performed. K. Be signed by the applicant or his/her authorized agent, who may be required to submit evidence to indicate such authority. L. Submit a starting and completion date and give such other data and information as may be required by the Town Engineer. 152.02 . Permit Issuance The Town Engineer shall review the application, plans, specifications and other data filed by an applicant for a permit. Other departments of this jurisdiction may review the plans to verify compliance with any applicable laws. If the Town Engineer finds that the work described in an application for a permit and the plans and other data filed therewith conform to the requirements of these STANDARDS AND SPECIFICATIONS and other pertinent laws and Municipal Codes and that all required fees have been paid, he/she will issue a permit to the applicant. When the Town Engineer issues a permit for which plans are required, he will endorse the plans. in writing or by stamping the plans and specifications "ACCEPTED FOR CONSTRUCTION". The accepted plans and specifications will not be changed, modified, or altered without authorization from the Town Engineer, and all work will be done in conformance with the accepted plans. Two sets of accepted plans, specifications, and computations will be retained by the Town and one set will be returned to the applicant and will be maintained at the work site at all times during the progress of the work. A pre -construction conference shall be required prior to the issuance of any permits for construction. Attendance shall include the Town Engineer or his representative, the Town Inspector, the Developer/Owner, Design Engineer, General Contractor, and Sub -contractors including: earthwork, utilities, curb and gutter, paving, and signing. The Town Engineer will be notified two (2) working days (forty-eight [48] hours) before the planned construction is to begin. The issuing and granting of a permit will not be construed to be a permit for, or an approval of, any violation of any of the provisions of these STANDARDS AND SPECIFICATIONS or of any regulations of this jurisdiction. No permit presuming to give authority to violate or cancel the provisions of these STANDARDS AND SPECIFICATIONS shall be valid. The issuing of a permit based on. plans, specifications or other data will not prevent the Town Engineer from requiring the correction of errors in said plans, specifications and other data, or from stopping construction operations which are in violation of these STANDARDS AND SPECIFICATIONS or any other regulations of this jurisdiction. 152.03 Permit Expiration Every permit issued by the Town Engineer under the provisions of this section shall expire if the work authorized by such a permit is not substantially completed by the date noted on the permit. Before such work can be recommenced, a new permit must be obtained and the fee required will be one- fourth (1/4) of the amount required for a new permit to do such work, provided no changes have STANDARDS AND SPECIFICATIONS . 2020 EDITION PAGE 100-16 W3 .99Ci�� GENERAL REQUIREMENTS FIRESTONE SECTION 100 been made or required by the Town in the original plans and specifications, and, provided further, • such suspension or abandonment has not exceeded one year from the completion date noted on the permit. If substantial changes have been made or required by the Town during this period, or should more than one year have expired, the permittee shall pay a new, full permit fee. Any permittee holding a valid permit may apply, in writing, for an extension of the completion date noted on the permit if he/she is unable to complete the work by the completion date. The request must be based on good cause and the cause must be acceptable to the Town. The Town Engineer may extend the completion date for a period not to exceed one year, provided that circumstances beyond the control of the permittee have prevented action from being taken. No permit will be extended more than one (1) time. 152.04 Permit Suspension or Revocation The Town Engineer may suspend or revoke any permit, in.writing, issued under the provisions of these STANDARDS AND SPECIFICATIONS whenever the permit is. issued in error, or on the basis of incorrect information supplied by the applicant, or whenever such permit may have been issued in violation of any Municipal Code or regulation of any of the provisions of these STANDARDS AND SPECIFICATIONS. In the event a permit is suspended or revoked, no refund of permit fees will be made. 152.05 Plan Review Fees Plan review fees shall be paid in full at the time the Town Engineer accepts the plans and specifications and the Public Improvement Permit is issued. The plan review fees shall be sixty five . (65) percent of the Public Improvement Permit fees. Applications for which no permit is issued within one hundred eighty (180) days following the date of the application shall expire, and plans and other data submitted for review may be returned to the applicant or destroyed by the Town Engineer. The Town Engineer may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days, upon receiving written request from the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. 152.06 Public Improvement Permit Fees These fees shall be calculated on a cumulative basis. Public Improvement Permit fees shall be paid in full at the time the Town Engineer accepts the plans and specifications and the Public Improvement Permit is issued. A Public Improvement Permit shall be required for all construction work in the public right-of-way or in a public easement. However, the fee for construction of the Town's Capital Improvement Projects may be waived by the Town Engineer. 152.07 Investigation Fees (Working without a Permit) All work for which the required permit is not obtained shall cease upon written notice of the Town Engineer. A special investigation shall be made before a permit may be issued for such work. An investigation fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the plan review fee, the Public Improvement Permit fee, and the fees for the inspection time required for the investigation. The payment of such investigation fees shall not exempt any person from compliance with all other provisions of these STANDARDS AND SPECIFICATIONS nor from any penalty prescribed by law. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-17 GENERAL REQUIREMENTS FIRESTONE SECTION 100 . 153.00 Right of Way Permit • For work not covered by a Public Improvement Permit, it shall be unlawful for any person, firm or corporation to do any work including but not limited to; excavation, pothole underground facilities, install, repair or modify; utilities, drive access, curb, walk, or other underground or surface improvements, within the Town's property or right-of-way without first obtaining an Right of Way Permit for such work from the Town Engineer. 153.01 Application for Permit Applicants for Right of Way permits shall complete an application in writing on a Right of Way Permit form furnished by the Engineering Division. Each application shall. A. Identify and describe the work to be covered by the permit for which the application is made. B. Describe the property or right of way location on which the proposed work is to be done by street address, or similar description that will readily identify and definitely locate the proposed work. C. Indicate the type of work or improvement intended. D. Be accompanied by plans, diagrams, computations and specifications, and other data as required in Section 160.00 of these STANDARDS AND SPECIFICATIONS. E. Be accompanied by a Construction Traffic Routing Plan as defined in Section 162.02 of these STANDARDS AND SPECIFICATIONS. F. Be signed by the applicant or his/her authorized agent, who may be required to submit evidence to indicate such authority. G. Submit a starting and completion date and give such other data and information as may be required by the Town Engineer. 153.02 Permit Issuance The Town Engineer shall review the application, plans, specifications and other data filed by an applicant for a permit. Other departments of this jurisdiction may review the plans to verify compliance with any applicable laws. If the Town Engineer finds that the work described in an application for a permit and the plans and other data filed therewith conform to the requirements of these STANDARDS AND SPECIFICATIONS and other pertinent laws and Municipal Codes and that all required fees have been paid, he/she will issue a permit to the applicant. The Town Engineer will be notified a minimum of two (2) working days (forty-eight [48] hours) before the planned construction is to begin. The issuing and granting of a permit will not be construed to be a permit for, or an approval of, any violation of any of the provisions of these STANDARDS AND SPECIFICATIONS or of any regulations of this jurisdiction. No permit presuming to give authority to violate or cancel the provisions of these STANDARDS AND SPECIFICATIONS shall be valid. The issuing of a permit based on plans, specifications or other data will not prevent the Town Engineer from requiring the correction of errors in said plans, specifications and other data, or from stopping construction operations which are in violation of these STANDARDS AND SPECIFICATIONS or any other regulations of this jurisdiction. 153.03 Permit Expiration STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-18 FIRESTONE SECTION 100 GENERAL REQUIREMENTS c, o. L o:. A a o S Every permit issued by the Town Engineer under the provisions of this section shall expire if the work . authorized by such a permit is not substantially completed by the date noted on the permit. Before such work can be recommenced, a new permit must be obtained. Any permittee holding a valid permit may apply, in writing, for an extension of the completion date noted on the permit if he/she is unable to complete the work by the completion date. The request must be based on good cause and the cause must be acceptable to the Town. The Town Engineer may extend the completion date for a period not to exceed one year,. provided that circumstances beyond the control of the permittee have prevented action from being taken. No permit will be extended more than one 1 time. 153.04 Permit Suspension or Revocation The Town Engineer may suspend or revoke any permit, in writing, issued under the provisions of these STANDARDS AND SPECIFICATIONS whenever the permit is issued in error, or on the basis of incorrect information supplied by the applicant, or whenever such permit may have been issued in violation of any Municipal Code or regulation of any of the provisions of these STANDARDS AND SPECIFICATIONS. In the event a permit is suspended or revoked, no refund of permit fees will be made. 164.00 Access Permit No person shall construct any access providing direct vehicular movement to or from any street from or to property in close proximity or abutting a street without an access permit issued by the Town Engineer. Access permits shall be issued only in compliance with the Access Code adopted pursuant to Section 12.06 of the Town of Firestone Municipal Code. In no event shall • an access permit be issued if it is detrimental to the public health, welfare and safety. Direct access from a subdivision to a street shall be permitted only if the proposed access meets the purposes and requirements of the Access Code. Local traffic from a subdivision in close proximity to or abutting a street shall be served by an internal street system of adequate capacity, intersecting and connecting with the general street system in a manner that is safe and is consistent. 154.01 Application for Permit Applicants for Access Permits shall complete an application in writing on a Access Permit form furnished by.the Engineering Division. Each application shall: A. Identify and describe the work to be covered by the permit for which the application is made. B. Describe the property or right of way location on which the proposed work is to be done by street address, or similar description that will readily identify and definitely locate the proposed work. C. Indicate the type of work or improvement intended. D. Be accompanied by plans, diagrams, computations and specifications, and other data as required in Section 160.00 of these STANDARDS AND SPECIFICATIONS. E. Be accompanied by a Construction Traffic Routing Plan as defined in Section 162.02 of these STANDARDS AND SPECIFICATIONS. F. Be accompanied by a subdivision zoning or development plan. G. Be accompanied by a property map indicating other nearby or abutting accesses and. public roads and streets. H. Be signed by the applicant or his/her authorized agent, who may be required to submit evidence to indicate such authority. STANDARDS AND SPECIFICATIONS. 2020EDITION PAGE 100-19 FIRESTONE GENERAL REQUIREMENTS c o L. G R A n o SECTION 100 I. Submit a starting and completion date and give such other data and information as so may be required by the Town Engineer. 154.02 Permit Issuance The Town Engineer shall review the application, plans, specifications and other data filed by an applicant for a permit. Other departments of this jurisdiction may review the plans to verify compliance with any applicable laws. If the Town Engineer finds that the work described in an application for a permit and the plans and other data filed therewith conform to the requirements of these STANDARDS AND SPECIFICATIONS and other pertinent laws and Municipal Codes and that all required fees have been paid, they will issue a permit to the applicant. When the Town Engineer issues a permit for which plans are required, he will endorse the plans in writing or by stamping the plans and specifications "ACCEPTED FOR CONSTRUCTION". The accepted plans and specifications will not be changed, modified, or altered without authorization from the Town Engineer, and all work will be done in conformance with the accepted plans. Two sets of accepted plans, specifications, and computations will be retained by the Town and one set will be returned to the applicant and will be maintained at the work site at all times during the progress of the work. The issuing and granting of a permit will not be construed to be a permit for, or an approval of, any violation of any of the provisions of these STANDARDS AND SPECIFICATIONS or of any regulations of this jurisdiction. No permit presuming to give authority to violate or cancel the provisions of these STANDARDS AND SPECIFICATIONS shall be valid. The issuing of a permit based on plans, specifications or other data will not prevent the Town Engineer from requiring the correction of errors in said plans, specifications and other data, or from stopping construction operations which are in violation of these STANDARDS AND SPECIFICATIONS or any other regulations of this jurisdiction. 154.03 Permit Expiration Every permit issued by the Town Engineer under the provisions of this section shall expire if the work authorized by such a permit is not substantially completed within 1 year of permit issuance. Any permittee holding a valid permit may apply, in writing, for an extension of the completion date noted on the permit if he/she is unable to complete the work by the completion date. The request must be based on good cause and the cause must be acceptable to the Town. The Town Engineer may extend the completion date for a period not to exceed one year, provided that circumstances beyond the control of the permittee have prevented action from being taken. No permit will be extended more than one (1) time. 154.04 Permit Suspension or Revocation The Town Engineer may suspend or revoke any permit, in writing, issued under the provisions of these STANDARDS AND SPECIFICATIONS whenever the permit is issued in error, or on the basis of incorrect information supplied by the applicant, or whenever such permit may have been issued in violation of any Municipal Code or regulation of any of the provisions of these STANDARDS AND SPECIFICATIONS. In the event a permit is suspended or revoked, no refund of permit fees will be made. 0 155.00 Inspections STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-20 GENERAL REQUIREMENTS FIRESTONE SECTION 100 All construction work for which a Public Improvement Permit, Right of Way Permit, or Access Permit is required shall be subject to inspection by the Town Engineer. It shall be the responsibility of the person performing the work authorized by a permit to notify the Town Engineer or hislher authorized representative that such work is ready for inspection. Every request for inspection shall be filed at least one (1) working day (twenty-four [241 hours) before such inspection is desired unless otherwise stated in these STANDARDS AND SPECIFICATIONS. Such request may be in writing or by telephone, at the option of the Town Engineer. It shall be the responsibility of the person requesting inspections required by these STANDARDS AND SPECIFICATIONS to provide access to and means for proper inspection of all work. The Town Engineer will have the authority to halt construction when, in his/her opinion, these STANDARDS AND SPECIFICATIONS and/or standard construction practices are not being followed, or the work is otherwise defective will inspect all work. Whenever any portion of these STANDARDS AND SPECIFICATIONS are violated, the Town Engineer shall give the Contractor written notice listing deficiencies to be corrected and may order further construction to cease until all deficiencies are corrected. If the deficiencies are not corrected within the time limit specified in the notice, the Town Engineer may evoke enforcement options authorized by the Town of Firestone Municipal Code and/or performance guarantees under which the work is being performed. The procedure for final inspection and acceptance will be as specified in the contract documents or in Section 200, Acceptance Procedures, of these STANDARDS AND SPECIFICATIONS. 155.01 Additional Inspections and Re -inspections The Town Engineer may make or require other inspections of any work as deemed necessary to ascertain compliance with the provisions of these STANDARDS AND SPECIFICATIONS and other provisions of the Town of Firestone Municipal Code. A re -inspection fee may be assessed for each inspection or re -inspection when such portion of work for which inspection is called is not complete or when corrections called for have not been made. Re -inspection fees may be assessed when the permit is not in the possession of the permit holder or his/her agent at the work site, when the accepted plans are not readily available to the inspector, or failure to provide access on the date for which inspection is requested, or for deviating from plans accepted by the Town Engineer. This subsection is not to be interpreted as requiring re -inspection fees the first time a job is rejected for failure to comply with the requirements of these STANDARDS AND SPECIFICATIONS, but rather as controlling the practice of calling for inspections before a job is ready for such inspection or re -inspection. To obtain a re -inspection, the applicant must file an application in writing upon a form furnished for that purpose and pay the re -inspection fee. In instances where re -inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. 160.00 PLANS AND SPECIFICATIONS Three (3) sets of plans, engineering calculations, diagrams and other data shall be submitted with each application for a permit. The Town will require that plans, computations and specifications be prepared and designed by a Registered Professional Engineer, licensed to practice in the State of Colorado. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-21 FIRESTONE GENERAL REQUIREMENTS c o. L o R A` 'b; 0' SECTION 100 EXCEPTION: THE TOWN ENGINEER MAY WAIVE THE SUBMISSION OF PLANS, CALCULATIONS, ETC., IF THEY FIND THAT THE NATURE OF THE WORK APPLIED FOR IS SUCH THAT REVIEWING OF PLANS IS NOT NECESSARY TO OBTAIN COMPLIANCE WITH THESE STANDARDS AND SPECIFICATIONS. 161.00 Construction Plan Requirements All construction plans will be checked for conformance to the STANDARDS AND SPECIFICATIONS prior to acceptance by the Engineering Division. This acceptance shall be for conformance to Town design standards and other requirements; engineering design or needs will remain the responsibility of the professional design engineer. Three (3) sets of the final plans will be submitted to the Engineering Division for review prior to acceptance. Either written comments or one (1) marked up plan set will be returned if changes are required or recommended. The written comments and/or the marked up plan set shall be returned to the Engineering Division with the revised plan set. Upon final acceptance of the construction plans by the Town Engineer, a minimum of three (3) sets of 22" by 34" full size plans, one (1) set of 11" by 17" half size plans and an electronic version of the full set in PDF format will be submitted. The sets of plans shall be signed and sealed by the registered professional engineer, licensed in the State of Colorado (in accordance with The 1973 Colorado Revised Statues, Title 12, Article 25, Paragraph 117) responsible for the design, and shall be signed by the Town Engineer. One (1) of the signed plans shall be returned to the developer/owner for the Contractor's use, and the Town shall keep two (2) sets. The Contractor shall keep the set returned to the contractor on the job for the duration of the project. All drawings and prints shall be drawn in 22" x 34" format. Should circumstances warrant changes to the accepted plans or specifications, written approval must be obtained from the Town Engineer. Copies will be given to the Developer or • Contractor and the Design Engineer. It will be the duty of the design engineer and the Contractor to record any and all changes on "as -built" drawings at the completion of the project in compliance with Section 222.00, Acceptance Procedures, of these STANDARDS AND SPECIFICATIONS. 161.01 General Requirements Plans and specifications shall be drawn to scale and shall have sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that they conform to the provisions of these STANDARDS AND SPECIFICATIONS and all relevant laws, Municipal Codes, rules and regulations. Each set of construction drawings shall include an overall utility drawing(s). The overall utility drawing(s) shall be a plan drawing at a reasonable scale (preferably 1" = 50') and shall show all of the water, sanitary sewer, storm drainage and street construction to be completed under the project. 161.02 Preliminary Construction Plan Requirements Preliminary Construction Plans shall accompany all Preliminary Plat submittals. The following items will be shown on all plan sheets: A. Title Block (lower right-hand corner preferred) B. Scale (both horizontal and vertical for plans and profiles) C. Both original date and revision date D. Name of professional engineer or firm E. Professional engineer's seal • F. Drawing number(s) G. Key map STANDARDS AND SPECIFICATIONS 2020EDITION PAGE 100-22 GENERAL REQUIREMENTS FIR�0R'0D,0 SECTION 100 The following items will be shown on the cover sheet only: A. Vicinity Map An up to date vicinity map at a scale of 1 "=2000'. 161.02.01 Plan Details A. North arrow pointing to the top of the sheet or to the right except in special cases. B. Property lines; indicate lots to be served by solid lines; other property lines dotted C. Ownership or subdivision information D. Street names and easements with width dimensions E. Existing utility line (buried) locations and depth, water, gas, telephone, storm drain, irrigation ditches, and sanitary sewers. F. Other pertinent details, i.e. houses, curbs, water courses, etc. 161.02.02 Water Supply Construction Details A. Proposed water mains; 1. Size 2. Length B. Valves — Including hydrant and blow -off valves C. Fire Hydrants D. Plan for off -site transmission mains, pump stations, special valves, and vaults, tanks, etc. 161.02.03 Sanitary Sewer Construction Details Details shall only be provided for sanitary sewer improvements proposed to be in Town right-of-way, easements, or any other Town owned property. A. Proposed sanitary sewer mains; 1. Diameters 2. Length between manholes B. Proposed manholes and cleanouts; C. Proposed future extensions D. Note if a proposed private under -drain will be needed 161.02.04 Storm Drainage Construction Details A. Drainage area plan; an overall plan of the area under study showing: 1. North arrow 2. Contours — existing and proposed finished (maximum two foot intervals) 3. Location and elevation of benchmarks 4. Property lines 5. Boundary lines (counties, districts, tributary area, etc.) 6. Streets and street names and approximate grades 7. Subdivision (name and location by section) 8. Existing irrigation ditches 9. Existing drainage ways including gutter flow directions 10. Drainage sub -area boundaries 11. Easements required 12. Proposed curbs and gutters and'gutter flow directions STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-23 • • GENERAL RE FIRESTONE QUIREMENTS c.. 0 L- 0 R A. n o SECTION 100 IV L C 161,02,05 13. Proposed cross pans and flow directions 14. Proposed piping and open drainage ways 15. Flow calculations for 2, 5, and 100-year storm runoff 16. Path of 100-year storm runoff flows 17. Proposed inlet locations and inlet sizes Proposed pipes; 1. Plan 2. Size, lengths between manholes and type of pipe Proposed open channels; 1. Plan 2. Grades 3. Typical cross section Proposed special structures (manholes, headwalls, inlets, trash gates, etc.) 1. Plan Street Construction Details A. Existing irrigation ditches to be removed or piped B. Proposed curb, gutter and sidewalk C. Proposed cross -pans D. Storm drainage facilities E. Horizontal curve data, with radii, tangents, points of curvature, (P.C.), intersection (P.l.), tangency (P.T.), length of curve, and delta angle. F. Typical section of street construction showing structure and dimensions G. Stations and elevations of radius points flow line of curve. H.. Proposed profile of centerlines with horizontal stationing • I. Stations, lengths, and elevations of vertical curve P.C., P.I. and P.T. J. Percent slope of tangent lines K. Identify street classification, such as local, collector arterial, etc. 161.02.06 Easement Widths Water, sanitary sewer, and storm sewer easements shall be a minimum of thirty feet (30') in width. Utility locations within easements shall be a minimum of ten feet (10') from the edge of the easement to the center of pipe and 10 feet from center of pipe to center of pipe for more than one utility. For utility lines buried greater than ten feet (10'), the Engineer shall submit proposed easement width for approval by the Town Engineer. 161.02.07 Specifications and Support Documentation The following items shall also be included with submitted construction plans: A. Reference on plans to other agencies potential impacted by the project 161.03 Final Construction Plan Requirements Final Construction Plans shall accompany all Final Plat submittals. The following items will be shown on all plan sheets: A. Title Block (lower right-hand corner preferred) • B. Scale (both horizontal and vertical for plans and profiles) C. Both original date and revision date STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-24 FIRESTONE GENERAL REQUIREMENTS c: o , a_ x A a SECTION 100 D. Name of professional engineer or firm E. Professional engineer's seal F. Drawing number(s) G. Key map The following items will be shown on the cover sheet only: A. Vicinity Map An up to date vicinity map at a scale of 1 "=2000'. B. Signature block for the Sanitary Sewer Service Provider. C. Signature block for Little Thompson Water District (Barefoot Lakes Subdivision only). D. Drawing Acceptance: All work shall be constructed to Town of Firestone Design Standards and Construction Specifications. This drawing has been reviewed and found to be in general compliance with these STANDARDS AND SPEC[FICATIONS and other Town requirements. THE ENGINEERING DESIGN AND CONCEPT REMAINS THE RESPONSIBILITY OF THE PROFESSIONAL ENGINEER WHOSE STAMP AND SIGNATURE APPEAR HEREON. Accepted by: Town Engineer Date E. Variance Statement (if necessary) The applicant is requesting a variance from the Town of Firestone Design Standards and Construction Specifications for the following: 1. (list all applicable items) Accepted by: Town Engineer Date 161.03.01 Plan Details A. North arrow pointing to the top of the sheet or to the right except in special cases. B. Property lines; indicate lots to be served by solid lines; other property lines dotted C. Ownership or subdivision information D. Street names and easements with width dimensions E. Existing utility line (buried) locations and depth, water, gas, telephone, storm drain, irrigation ditches, and sanitary sewers. F. Other pertinent details, i.e. houses, curbs, water courses, etc. 161.03.02 Profile Details A. Vertical and horizontal grids with scales B. Ground surface existing (dotted) and proposed (solid) C. Existing utility lines where crossed D. Bench marks E. Existing manhole inverts. and rim elevations 161.03.03 Water Supply Construction Details STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-25 • 1 7_� 0 GENERAL REQUIREMENTS FIRESTONE SECTION 100 In addition to the above general plan and profile details, all water supply construction plans will include the following items: A. Proposed water mains; 1. Size 2. Length 3. Materials and types of joints 4. Location dimensions B. Fittings; 1. Tees 2. Crosses 3. Reducers 4. Bends 5. Plugs 6. Blow -offs C. Valves -- Including hydrant and blow -off valves D, Fire Hydrants E. Plan, profile and complete details for off -site transmission mains, pump stations, special valves, and vaults, tanks, etc. F. Standard bedding detail (cross-section) 161.03.04 Sanitary Sewer Construction Details Details shall only be provided for sanitary sewer improvements proposed to be in Town right-of-way, easements, or any other Town owned property. In addition to the general plan and profile details, all sanitary sewer construction plans will include the following: A. Proposed sanitary sewer mains,- 1. Diameters 2. Materials 3. Gradients 4. Length between manholes B. Proposed manholes and cleanouts; 1. Stationing and other number designation 2. Elevation of inverts in and out of manhole 3. Elevation of manhole rim C. Location control dimensions D. Proposed future extensions E. Proposed service connections or stub -ins F. Proposed private under -drain and outfall G. Standard bedding cross-section H. Proposed concrete encasement I. Proposed cut-off walls 161.03.05 Storm Drainage Construction Details In addition to the above general plan and profile details, all storm drainage construction plans will include the following: A. Drainage area plan; an overall plan of the area under study showing: 1. North arrow . 2. Contours — existing and proposed finished (maximum two foot intervals) 3. Location and elevation of benchmarks STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-26 FIRESTONE GENERAL REQUIREMENTS e, o L- O. R .A, n D SECTION 100 4. Property lines 5. Boundary lines (counties, districts, tributary area, etc.) 6. Streets and street names and approximate grades 7. Subdivision (name and location by section) 8. Existing irrigation ditches 9. Existing drainage ways including gutter flow directions 10. Drainage sub -area boundaries 11: Easements required 12. Proposed curbs and gutters and gutter flow directions 13. Proposed cross pans and flow directions 14. Proposed piping and open drainage ways 15. Flow calculations for 2, 5, and 100-year storm runoff 16. Path of 100-year storm runoff flows 17. Critical minimum finished floor elevations for protection from 100-year runoff 18. Proposed inlet locations and inlet sizes B. Proposed pipes- 1 . Plan showing stationing 2. Profile 3. Size, lengths between manholes and type of pipe 4. Grades 5. HGL for design storm 6. Inlet and outlet details 7. Manhole details (station number and invert elevations) 8. Typical bedding detail C. Proposed open channels; 1. Plan showing stationing 2. Profile 3. Grades 4. Typical cross section 5. Lining details D. Proposed special structures (manholes, headwalls, inlets, trash gates, etc.) 1. Plan 2. Elevation 3. Details of design and appurtenances 161.03.06 Street Construction Details In addition to the above general plan and profile details, all street construction plans will include the following:: A. Existing irrigation ditches to be removed or piped B. Proposed curb, gutter and sidewalk C. Proposed cross -pans including spot elevation and flow direction D. Storm drainage facilities E. Slope of curb return F. Location and elevation of bench marks G. Horizontal curve data, with radii, tangents, points of curvature, (P.C.),' intersection (P.I.), tangency (P.T.), length of curve, and delta angle. H. Typical section of street construction showing structure and dimensions 1. Stations and elevations of radius points flow line of curve. J. Proposed profile of centerlines and flow lines of curb with horizontal stationing K. Stations, lengths, and elevations of vertical curve P.C., P.I. and P.T. L. Percent slope of tangent lines STANDARDS AND SPECIFICATIONS 2020 EoiTioN PAGE 100-27 r� u • • GENERAL REQUIREMENTS FIREST0.1:A'c� o R .A. ,nOo SECTION 100 . M. Limits of construction N. Show sufficient existing or future construction to assure continuity of construction O. Stations and elevations of drainage facilities and other structures P. Street light and underground service cable locations Q. Identify street classification, such as local, collector arterial, etc. R. Signing and striping plan S. Traffic control plan — as needed 161.03.07 Area Grading Plan Details All subdivisions shall 'include an Area Grading Plan that shall include all pertinent information necessary to construct a dwelling on each lot. At a minimum, the following shall be included: A. Grading and drainage patterns of existing lots adjacent to subdivision B. Lot corner elevations C. Building finished floor or top of foundation elevations D. Elevations of ground outside of building to ensure proper drainage away from the foundation E. Elevations and grades of all drainage swales and side lot lines F. Elevations of all high points G. One foot contours for lots over .25 acres. The Area Grading Plan must follow the accepted Drainage Plan. 161.03.08 Erosion Control Plan Details All subdivisions shall include an erosion control plan as specified in Section 151.00 of these Standards and Specifications. Erosion control plan drawings will use the same base map as that for the Drainage Plan and shall include, at a minimum, the following information: .1. A general. location map with sufficient detail to identify drainage flow entering and leaving the development and general drainage patterns. 2. Major construction (i.e., development, irrigation ditches, existing detention facilities, culverts, storm sewers) along the path of drainage. 3. Basins and divides identified with topographic contours. 4. Specifications and details for erosion control measures. 5. A transition grading/drainage plan for construction activities that are phased or sequenced. All residential developments shall require a transition -grading. plan. 161.03.09 Easement Widths Water, sanitary sewer, and storm sewer easements shall be a minimum of thirty feet (30') in width. Utility locations within easements shall be a minimum of ten feet (10') from the edge of the easement to the center of pipe and 10 feet from center of pipe to center of pipe for more than one utility. For buried utility lines greater than ten feet (10'), the Engineer shall submit proposed easement width for approval by the Town Engineer. 161.03.10 Specifications and Support Documentation The following items shall also be included with submitted construction plans: A. Town of Firestone General Notes and Standard Details. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-28 FIRESTONE GENERAL REQUIREMENTS C. o 'L- o: R: A' D .o SECTION 100 B. Reference on plans to other agency standards and specifications that are required or proposed C. Where reference to other commonly available standards and specifications will not suffice, copies of specifications are to be provided. D. Copies of written approval from other affected agencies as required. E. Soils and other test data and design calculations for street structural sections, drainage facilities and other appurtenances as required. 162.00 Engineering Reports All engineering reports shall include on the title page 1) the type of report (preliminary or final; Phase I, II, or III for Drainage Reports), 2) the project name, 3) the preparer's name, date, and firm, and 4) P.E. seal of preparer. 162.01 Preliminary Reports The following preliminary reports must accompany all preliminary plats. The Phase I Drainage Report will be required will be required with the zoning andfor Sketch, Plan submittal (number of copies to be determined during the application process). A. Preliminary Utility Report B. Phase II Drainage Report C. Traffic Analysis Report D. Geotechnical Studies E. Additional reports as required by the Town of Firestone Municipal Code 162.01.01 Preliminary Utility Report Requirements Preliminary utility reports will include the following information and data as a minimum: A. Sanitary Sewer 1. . Layout/Connection to Sewer B. Water System 1. Layout/Connection with Town Water 2. Potable Water Demand (peak and average) 162.01.02 Preliminary Geotechnical Report Requirements Geotechnical and soils investigation studies are required for foundation design and pavement design. These two categories may be combined into one report when the purpose of the investigation includes both facets of design. A preliminary geotechnical report shall include the following information at a minimum: A. General Information 1. Past and present land uses and features 2. Proposed use of the land when developed 3. Surface drainage characteristics 4. A general geologic report on the area and a discussion of the soil profiles and subsurface features 5. Potential slope instability STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-29 • • • EN G ERAL REQUIREMENTS FIRESTONE SECTION 100 6. High. groundwater elevation B. Unusual Land Uses/Conditions 1. Report which identifies all unusual land uses such as landfills, open dumps, wetlands, leach fields, areas of natural springs, faults, mines, etc. These shall be presented in a written and graphical format of suitable scale. 162.01.03 Preliminary Traffic Analysis Report Required information for the preliminary traffic report shall include, but not be limited to the following. A. Land use, site and study area boundaries. B. Existing and proposed site uses. C. Existing and proposed roadways and intersections. D. Existing and proposed roadways and intersection capacities and volumes. E. Trip generation and design hour volumes. F. Trip distribution. G. Trip assignments. H. Existing and projected traffic volumes. I. Levels of service of all affected intersections for the design hour. 162.01.04 Preliminary Drainage Reports Drainage report calculations and supporting data required as set forth herein shall be prepared in accordance with the UDFCD Urban Storm Drainage Criteria Manual. • All subdivisions, re -subdivisions, planned unit developments, or other development shall submit drainage reports, construction drawings, and as -built information in accordance with these CRITERIA. . Three copies of all drainage reports shall be submitted to the TOWN.for review. The TOWN will retain two copies. All submitted reports should be clearly and cleanly reproduced. Photostat copies of charts, tables, nomographs, calculations, or any other reference material must be legible. Washed out or unreadable portions of the report are unacceptable and could warrant re - submittal of the report. All reports shall be typed on 8-112 x 11" paper and bound. The drawings, figures, plates, and tables shall be bound with the report or included in a pocket attached to the report. The report shall be prepared by or supervised by a professional engineer licensed in Colorado. All reports shall include a cover letter presenting the report for review as well as a declaration of the type of report submitted (i.e., Phase -I, Phase -II, or Phase -III). incomplete or absent information may result in the report being rejected for review. Town staff will try to review the drainage reports and provide written review comments and/or acceptance within twenty-one (21) working days of the submittal. Town staff will make every effort to effect a complete review within the review period; however, Town staff cannot guarantee the review time since the response time varies with the workload being experienced. The drainage reports and/or construction plans cannot be accepted by default. The applicant shall note that acceptance of construction. plans, specifications, and associated engineering reports by the TOWN shall only indicate that the plans, specifications, and reports • are in general conformance with the Town's submittal requirements, current design criteria, standard engineering principles and practices, and previously approved plans and reports. STANDARDS AND SPECIFICATIONS 2020EDITION PAGE 100-30 FIRESTONE GENERAL REQUIREMENTS c, o 1 - o. R" M 0. 'o SECTION 100 Acceptance shall not indicate that all assumptions, calculations, and conclusions contained within the drainage reports and/or construction plans have been thoroughly verified by Town staff. At all times, the professional engineer submitting the construction plans, specifications, and drainage reports shall be solely responsible for their accuracy'and validity. All preliminary drainage studies shall have the following certification and acceptance statements: Engineer's Certification "I hereby certify that this (report type) for the design of (project name) was prepared by me (or under my direct supervision) in accordance with the provisions of the Town of Firestone Design Standards and Construction Specifications for the owners thereof.. I understand that the Town of Firestone does not and will not assume liability for drainage facilities designed by others, including the designs presented in this report." (Name) Registered Professional Engineer State of Colorado No. (#) (Affix Seal) Town Acceptance This report has been reviewed and found to be in general compliance with the Town of Firestone Design Standards and Construction Specifications and other Town requirements. THE ACCURACY AND VALIDITY OF THE ENGINEERING DESIGN, DETAILS, DIMENSIONS, QUANTITIES, AND CONCEPTS IN THIS REPORT REMAINS THE SOLE RESPONSIBILITY OF THE PROFESSIONAL ENGINEER WHOSE STAMP AND SIGNATURE APPEAR HEREON. Accepted by: Town Engineer Date If during the construction process or at any time within one year following final acceptance by the TOWN of the completed improvements, any deficiencies or errors are discovered in the construction plans, specifications, drainage reports, or the actual constructed improvements, the TOWN shall have the right to require the developer to make any and all corrections which may be deemed necessary by the TOWN. The costs associated with any such corrections shall be the sole responsibility of the developer. Phase I Drainage Report The Phase I Drainage Report is the first step in the approval process. A Phase I Drainage Report must be submitted during the zoning and/or sketch plan process. This report will review at a conceptual level the feasibility and design characteristics of the proposed development and drainage system. Report Contents STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-31 • • • GENERAL REQUIREMENTS FIRESTONE SECTION 100 The Phase I Drainage Report shall be in accordance with the following outline and contain the applicable information listed: I. GENERAL LOCATION AND DESCRIPTION A. Location 1: All streets and highways within and adjacent to the site or the area to be served by the drainage improvements 2. Township, range, section, 114 section 3. All major drainageways and storm drainage facilities within or adjacent to the site 4. Names of surrounding developments B. Description of Property 1. Area in acres 2. Type of ground cover and vegetation 3. Major drainageways within the property 4. Irrigation facilities such as ditches and canals 5. Proposed land use 6. Identification of all wetland areas and the affected area in acres. II. DRAINAGE BASINS A. Major Basin Description 1. Reference to applicable major drainageway planning studies, flood hazard area delineation reports (FHAD), and flood insurance rate maps (FIRM) 2. Major drainage basin characteristics such as existing and proposed land uses within the basin 3. Discussion of existing drainage patterns 4. Identification of all irrigation facilities within 150-feet of the property boundary 5. Identification including ownership of all lakes and ponds which either influence or may be influenced by the local drainage. Identification of all dams under the State Engineer's Office jurisdiction including the dam's'current rating, status, and pertinent sections and drawings of the dam breach analysis. B. Sub -Basin Description .1.. Discussion of any Master Plan improvements designated for the site. 2. Discussion of existing drainage patterns of the property 3. Discussion of the downstream drainage flow patterns and the impact of the proposed development under existing and fully developed basin conditions III. DRAINAGE FACILITY DESIGN A. General Concept 1. Discussion of existing drainage patterns 2. Discussion of compliance with off -site runoff considerations both upstream and downstream 3. Discussion of existing drainage problems or concerns both on -site and off -site 4. Discussion of anticipated and proposed drainage patterns and facilities STANDARDS AND SPECIFICATIONS .2020 EDITION PAGE 100-32 GENERAL REQUIREMENTS C. FIRESTONE C. 0 'L, 0 R' -Al -D '0, SECTION 100 5. Discussion of wetlands issues (if any) such as mitigation .or replacement ' 6. Discussion of the content of tables, charts, figures, plates, or drawings presented in the report 7. Discussion of assumptions, techniques, and methodologies utilized 8. Discussion of all referenced reports and studies (i.e., are they valid, complete, etc.) Specific Details 1. Determine the major and minor drainage flows for the major basins 2. Discussion of potential drainage problems encountered and solutions at specific design points 3. General discussion of detention pond storage and outlet design 4. Discussion of maintenance and access aspects of the drainage facility design 5. Discussion of the drainage impacts to downstream properties Adaptations from Criteria 1. Identify provisions by section number for which a adaptation is requested 2. Provide specific and detailed justification for each adaptation. requested IV. SUMMARY A. Overall summary including conclusions and professional opinions on the existing drainage facilities and the proposed facilities V. REFERENCES A. Reference all criteria, storm water master plans, FHADs, FIRMs, and technical information used to support the conceptual design of the proposed drainage system Drawing Contents All drawings shall be a maximum 24" x 36" in size. GENERAL LOCATION MAP The map should be at a scale of 1-inch = 1000 feet to 1-inch = 4000 feet. The map shall provide sufficient detail to identify drainage flows entering and leaving the proposed development.' The map shall indicate the drainage flow paths from the upstream end of any off -site basin to the receiving major drainageway. The map shall identify any major facilities (i.e., irrigation ditches, existing detention facilities, culverts, and storm sewers) along the flow path to the receiving major drainageway.. All major drainageways shall be identified and shown on the report drawings. Major basins are to be identified. Topographic. contours are to be included FLOODPLAIN INFORMATION C, E STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-33 • • • I� . GENERAL REQUIREMENTS c, o. L o R FIRESTONEAu ,o SECTION 100 A map showing the location of the subject property shall be included with the report DRAINAGE PLAN Map(s) of the proposed development at a scale of 1" = 20' to 1" = 100' shall be . included. The plan shall show the following: 1. Physical Characteristics (a) Existing topography with contours shown in intervals of two feet or five feet for the entire project area (b) Proposed topography with contours shown in intervals of two feet or five feet for the entire project, if available (c) Existing off -site topography with contours shown in intervals consistent with the on -site information. Off -site topography should extend as follows: (1) For projects less than one acre in size, off -site topography for a distance of at least fifty feet in every direction (2) For projects larger than one acre in size, off -site topography for a distance of at least one hundred fifty feet in every direction or as directed by the Town staff (d) Approved grading plans (shown in contour intervals consistent with the on -site information) for all adjacent properties which have not yet been constructed (e) Existing vegetation and location, type, and size of significant trees (f) All existing wetlands areas . 2. All existing drainage facilities both on -site and off -site for a distance as determined in 1(c) above. 3. Major drainageways and the approximate 100-year floodplain limits based on the most current available information 4. Proposed drainage facilities including location of detention ponds, storm sewers, channels, and corresponding outlet flow paths in a detail consistent with the proposed development plan 5. Major drainage basin boundaries and sub -basin boundaries 6. Any off -site feature influencing the proposed development and the proposed drainage system 7. Proposed. drainage flow paths 8, Legend to define map symbols Title block with revision dates in lower right corner Phase II Drainage Report The purpose of the Phase II Drainage Report is to refine the conceptual drainage system and identify in greater detail the problems, which may.occur both on -site and off -site as a result of the proposed development. The Phase II Drainage Report shall be submitted with the application for the Preliminary Plat. The Phase II Drainage Report must be written in such a manner and contain enough detail to be self-explanatory (i.e., possession of the Phase 1 Drainage Report is not necessary to understand the Phase 11 Drainage Report). The developer or his consultant is responsible for obtaining any and all permits, licenses, and any other documentation/correspondence that are necessary to address any STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-34 ... FIRESTONE GENERAL REQUIREMENTS c, o . o a n n o' SECTION 100 additional issues. such as wetlands, floodplains, irrigation facilities, groundwater dewatering, and protection of existing utilities. Report Contents The Phase II Drainage Report shall be in accordance with the following outline and contain the applicable information listed; GENERAL LOCATION AND DESCRIPTION A. Location 1. Township, range, section, 114 section 2. All streets and highways including the existing ROW widths within 150 feet of the. site 3. Major drainageways and facilities within 150 feet of the site 4. Names of surrounding developments B. Description of Property 1. Area in acres 2. Ground cover such as the type of trees, shrubs, vegetation, general soil conditions, topography, and slope 3. Major drainageways within and adjacent to the site 4. General project description 5. Irrigation facilities within and adjacent to the site 6. Proposed land use 7. Identification of all wetland areas including the affected area in acres 8. All existing easements within 150 feet of the site II. DRAINAGE BASINS A. Major Basin Description 1. Reference to applicable major drainageway planning studies, flood hazard area delineation reports (FHADs), and flood insurance rate maps (FIRMs) 2. Major basin drainage characteristics including existing and proposed land uses 3. Identification of all irrigation facilities within the basin 4. Identification including ownership of all lakes and ponds which either influence or may be influenced by the local drainage. Identify all dams under the State Engineer's Office jurisdiction including the dam's current rating, status, and pertinent sections and drawings of the dam breach analysis B. Sub -basin Description 1. Discussion of historic drainage patterns of the site 2. Discussion of off -site drainage flow patterns and the impact of the proposed development under existing and fully developed basin conditions III. DRAINAGE DESIGN CRITERIA A. Development Criteria Reference and Constraints STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-35 GENERAL RE UIREMENTS F IRES0TONE 4 c o: Lx n W a SECTION 100 1. . Discussion of previous drainage studies (i.e., project master plans, Phase I Drainage Reports, etc.) for the site that influence or are influenced by the proposed drainage facilities 2. Discussion of drainage studies for adjacent properties and their effect on the proposed drainage system 3. Discussion of the drainage impact of site constraints such as streets, utilities, and existing structures 4. Discussion of wetlands issues (if any) such as mitigation or replacement. B. Hydrological Criteria 1. Identify design rainfall for the design recurrence intervals 2. Identify runoff calculation method C. Hydraulic Criteria 1. Determination of the capacity of the downstream drainage system and its ability to handle the drainage from the development site 2. Preliminary storm sewer system layout including inlets 3. Identify the allowed detention discharge and storage calculation method D. Adaptations from Criteria 1. Identify provisions by section number for which a adaptation is requested 2. Provide specific and detailed justification for each adaptation requested IV. DRAINAGE FACILITY DESIGN A. General Concept 1. Discussion of the proposed drainage system and typical drainage patterns 2. Discussion of compliance with off -site runoff considerations 3. Discussion of the content of tables, charts, figures, plates, or drawings presented in the report 4. Discussion of the contents of referenced reports, studies, etc. B. Specific Details 1. Discussion of drainage problems encountered and solutions at specific design points 2. Discussion of detention pond storage and outlet design 3. Discussion of maintenance and access aspects of the proposed design 4. Discussion of the necessity of easements and tracts for drainage purposes including the limitations of use 5. Discussion of the impacts on the downstream properties of flow release from the site 6. Discussion of the impact on existing floodplains of major drainageways and the requirements if altering the existing 100-year floodplain V. SUMMARY A. Discussion of compliance with CRITERIA, MANUAL, and major • drainageway planning studies B. Drainage Concept STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-36 FIRESTONE GENERAL REQUIREMENTS c o. o: x' A ,p.:o SECTION 100 1. Describe how the drainage design will control damage due to storm runoff both on -site and off -site 2: Influence of the proposed development on the Major Drainageway Planning Studies recommendations VI. REFERENCES A. Reference all criteria and technical information used VII. APPENDICES A. Hydrologic Computations 1. Land use assumptions regarding adjacent properties 2.. Major and minor storm runoff peaks at specific design points 3. Historic and fully developed runoff peaks at specific design points 4. Time of concentration and runoff coefficients for each basin and sub -basin B. Hydraulic Computations 1. Existing and proposed culvert capacities 2. Open channel typical sections, capacity, and depths 3. Detention area, volume, and depth 4. Downstream drainage system capacity to the major drainageway system C. Approval and/or Agreement Letter(s) 1. Approval letter(s) from other jurisdictions, canal companies, pond owners, etc., (if required) . 2. All permits, licenses, etc., for any wetland removal or mitigation as required by the USACE. Drawing Contents All drawings shall be a maximum 24" x 36" in size. GENERAL LOCATION MAP A. The map should be at a scale of 1-inch = 1000-feet to 1-inch = 4000-feet B. The map shall provide sufficient detail to identify drainage flows entering and leaving the site as well as the drainage flow paths from the upstream end of any off -site basin to the major drainageway C. The map shall identify any major facilities (i.e., irrigation ditches, existing detention facilities, culverts, and storm sewers) along the entire flow path. All major drainageways shall be identified and shown on the report drawings. D. Major drainage basins are to be shown E. Topographic contours are to be included II. FLOODPLAIN INFORMATION A. A map showing the location of the subject property shall be included with the report • III. DRAINAGE PLAN STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-37 ! FIRESTONEC GENERAL REQUIREMENTS . O L O ,R A D O SECTION 100 A. Map(s) of the proposed development at a scale of 1" = 20' to 1" = 100' shall be included. The plan shall show the following: 1. Physical Characteristics: (a) Existing topography with contours shown in intervals of two feet for the entire site (b) Proposed topography with contours shown in intervals of two feet for the entire site (c) Existing off -site topography shown at a maximum of five-foot contour intervals. The off -site topography should extend as follows: (1) For projects less than one acre in size, off -site topography for a distance of at least fifty feet in every direction (2) For projects larger than one acre in size, off -site topography for a distance of at least one hundred fifty feet in every direction or as directed by the Town staff. (d) Approved grading plans (shown at a maximum of five-foot contour intervals) for all adjacent properties which have not yet been constructed (e) First -floor elevations of any existing or approved structure within one hundred fifty feet of the property line of the project. (f) Cross -sections as required by the Town Engineer to . illustrate the relationship between the proposed facilities and the existing or approved facilities (g) . All existing wetland areas including their area in acres 2. Existing property lines and easements 3. Streets indicating their ROW width, flow line width, curb type, sidewalk width, and approximate longitudinal slope 4. Existing drainage facilities and structures including irrigation ditches, roadside ditches, cross -pans, drainageways, and culverts. All pertinent information such as material, size, shape, slope, and location shall also be included. 5. Overall drainage basin boundary and sub -basin boundaries 6. The outfall points and flow rates for runoff from the proposed site. Delineation of the off -site flow path to the major drainageway. The drainage facilities necessary to convey the flows to the major drainageway without damaging downstream properties 7. Routing and accumulation of design flows at various critical points for the minor storm runoff using the format shown in Table 202 8. Routing and accumulation of design flows at various critical points for the major storm runoff using the format shown in Table 202 9. Required volumes and release rates for detention pond facilities and general information on the triple stage outlet design 10. 100-year floodplain delineation and corresponding water surface elevations of all existing FHAD and FEMA floodplains affecting the property 11. Locations and elevations (if known) of all existing and proposed utilities affected by or affecting the drainage system design. 12. Routing of off -site drainage flow through the site STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-38 FIRESTONE GENERAL REQUIREMENTS C. o L. o_ R. n' n .o' SECTION 100 13. Legend of map symbols 14. Title block with revision dates in lower right hand corner 162.02 Final Engineering Reports The following final reports must accompany all site plans, minor subdivision, and final plat applications (number of copies to be determined during the application process): A. Utility Report B. Phase III Drainage Report C. Traffic Analysis Report D. Geotechnical Studies E. Construction Traffic Routing Plan F. Additional reports as required by the Town of Firestone Municipal Code 162.02.01 Final Utility Report Final utility reports will include the following information and data as a minimum: A. Sanitary Sewer 1. Layout and connection to sewer 2. Available existing downstream capacity B. Water 1. Layout and connection with Town water 2. Potable water demand (peak and average) 3. Fire flow demand 4. Peak instantaneous demand and meter sizing 5. Available pressure and capacity 6. Irrigation water demand T Network model of system serving development 162.02.02 Final Traffic Impact Study All preliminary plats, zoning, and commercial site plans will provide a Traffic Impact Study. Guidelines for Traffic Impact Studies The purpose of a Traffic Impact Study is to determine existing conditions in the vicinity of the development, forecast the additional traffic that it will generate, and identify internal and external transportation improvements that will be necessary to mitigate the resulting impacts. Following these guidelines when preparing a traffic impact study will present a standard format and facilitate the review process. The Town of Firestone encourages developers to maintain contact with Town personnel throughout the development process. Traffic consultants are highly. encouraged to discuss projects with the Town and its representatives prior to study startup. An early meeting may be appropriate for large projects to identify the study area and specific roads and intersections that will be analyzed. The study report should identify the individual who conducted the study. All traffic impact studies shall contain, as a minimum, the following information: A. Summary of the existing conditions in the vicinity of the project 1. Current use of the site and surrounding area (include map showing the - STANDARDS AND SPECIFICATIONS 2020EDITION . PAGE 100-39 GENE FIRESTONE GENERAL REQUIREMENTS SECTION 100 • general vicinity of the site) 2. Existing roadway system and traffic (daily and peak hour volumes) on roadways and intersections that will be affected (include graphic). Field traffic count data should be included in an appendix. 3. Analysis of current traffic operations (include computer printouts - to appropriate level of detail - in appendix). 4. Recent traffic accidents may need to be investigated and the effect of the proposed development determined. 5. Discussion of other potential developments in the study area that might also affect traffic. Traffic forecasts from traffic impact studies of nearby developments may need to be included in the analysis. B. Description of the proposed development 1. Development proposal - Parcel size(s), proposed land use, number of units, size of developed area, density, etc. A site plan detailing uses, locations, and internal roads should be included if possible. 2. Trip generation tabulation. Trip generation shall be based on average rates contained in the most recent edition of the Institute of Transportation Engineers' Trip Generation. The Town shall approve any estimated rates that deviate from ITE averages or for uses where ITE information is not available. Rate and trip information shall be provided in tabular form. Any trip reductions should be calculated based on procedures outlined in ITE's most recent Trip Generation Handbook and fully documented in the report. 3. Alternative modes (transit, pedestrian, and bicycle) should be considered, as appropriate. 4. The Town's latest transportation master plan should be reviewed to determine the project conformance with it and any deviations that are • proposed. C. Traffic Forecasts 1, All project -generated traffic shall be assigned to existing and planned facilities in a manner consistent with accepted traffic patterns and approved by Town staff. A graphic should be included to illustrate the assumed trip distribution. 2. Traffic volumes (peak hour and ADT)- in graphical format should illustrate current year, short-term or build -out year, and long-term (20 year) traffic volumes for site -generated and total traffic. Phased development volumes and background traffic forecasts may also be appropriate: tong -range forecasts of background traffic may be based on the latest Firestone Transportation Plan or the current Regional Transportation Plan from DRCOG. D. Traffic Operations Analysis 1. The operational analysis should show impacts on the existing roadway system, the expected future roadway system, and any interim roadway system that may correspond to expected development phases. 2. There should be graphical presentation(s) of the results of the level of service (LOS) analysis for intersections and/or roads, plus tabulations if necessary to show delays or vlc percentages. Output from the computer analysis should be included in an appendix. 3. Signal warrants should be investigated at locations where signals are proposed. 4. Progression and micro -simulation analysis may be required depending on project needs and complexity. E. Improvement recommendations 1. Roadway and intersection improvements necessary to mitigate the impacts STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-40 GENERAL REQUIREMENTS FIRESTONE SECTION 100 of the project should be summarized in written format with supplemental tabulations and/or figures, which illustrate the locations and relationships of the recommendations. 2. Proposed roadway cross -sections and auxiliary lanes at intersections are of particular concern. Storage and deceleration/acceleration lengths for turn lanes should be determined according to guidelines found in the State Highway Access Code, or other recognized reference. 3. The use of low volume local road cross section within residential subdivisions should be justified. 4. Access to arterial roadways generally follows guidelines set forth in the State Highway Access Code. Regional Arterials are classified by CDOT, Principal Arterials are considered equivalent to NR-A, and Minor Arterials are comparable to NR-B. 162.02.03 Final Geotechnical Report Geotechnical and soils investigation studies are required for foundation design and pavement design. A Final Pavement Design Report is required following utility installation, completion of grading operations, and prior to placement of base course or paving materials. These two categories may be combined into one report when the purpose of the investigation includes both facets of design. A subsurface investigation for foundation and/or pavement design shall include the following information and data as a minimum: A. General Information 1. Past and present land uses and features 2. Proposed use of the land when developed 3. Structure type 4. Groundwater 5. Surface drainage characteristics 6. A general geologic report on the area and a discussion of the soil profiles and subsurface features 7. Potential slope instability B. Investigation Details 1. Type of equipment used in obtaining data 2. Date of drilling - 3. Boring logs which show the elevation of the existing ground, the elevation of the top of each soil stratum encountered and the soil classification of each stratum encountered, the water level at the time of boring and the level at a later date and standard penetration test results for each soil stratum. Each hole shall be referenced to a fixed benchmark. 4. A sketch of the tested area accurately showing the locations of the borings. C. Site Conditions/Foundation Design 1. Specific information including swell potential of the soil and the effect on foundations. 2. A recommendation as to foundation types and any special procedures that may pertain to construction. 3. The effect of ground water on construction and methods to deal with any problems that may exist.. 4. Recommended_ allowable soil bearing pressures and unconfined shearing strength. 5. Methods of prevention of swell and shrinkage of expansive soils and minimizing their effect on structures. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-41 • • ri FIRESTONE GENERAL REQUIREMENTS c o L. o a" :A' p .0, SECTION 100 6. Natural moisture content of the soil strata. 7. Specifications for any unusual or special construction materials required. D. Unusual Land Uses/Conditions 1. Report which identifies all unusual land uses such as landfills, open dumps, wetlands, leach fields, areas of natural springs, faults, mines, etc. These shall be presented in a written and graphical format of suitable scale. 162.02.04 Phase III Drainage Reports Drainage report calculations and supporting data required as set forth herein shall be prepared in accordance with the UDFCD Urban Storm Drainage Criteria Manual. The purpose of the Phase III Drainage Report is to finalize the proposed drainage system discussed in the Phase II Drainage Report and to present the final design details and calculations. This report shall contain sufficient detail to be self-explanatory and shall include all reports referenced. (i.e., possession of the Phase I Drainage Report or Phase II Drainage Report is not necessary to understand the Phase III Drainage Report). The Phase III Drainage Report shall be submitted with the final construction drawings. The Phase III Drainage Report (which updates the Phase 11 Drainage Report) must be reviewed and accepted by the Engineering Division before the site plan, minor subdivision, or final plat will be signed by the TOWN. The Phase III Drainage Report shall be prepared in accordance with the outline shown in Section 162.01.04 Phase II Drainage.Report - Report Contents with the exception of Part VII-B. For the Phase III Drainage Report, Part VII-B shall read as follows: B. Hydraulic Computations 1. Existing and proposed culvert capacities 2. Storm sewer profiles including energy grade line (EGL) and hydraulic grade line (HGQ elevations with the associated hydraulic computations 3. Gutter and street cross-section capacities compared to the maximum allowable street flows 4. Storm inlet capacity including inlet control rating at connection to storm sewer 5. Open channel design: depth, capacity, velocity, and Froude number calculations 6. Check drop and/or channel drop structure design calculations 7. Detention area, volume, design depths, and outlet capacity 8. Detention pond outlet design 9. Downstream drainage system capacity to the major drainageway 10. Rip -rap design calculations The report drawings shall follow the requirements presented in Section 162,01,04 Phase II Drainage Report - Drawing Contents with the following three items added to Part I II -A: 1. Proposed gutter type, street capacity, roadside ditch, slope, flow directions, and cross -pans. 2. Proposed storm sewers including inlets, manholes, culverts, and other appurtenances 3. Proposed open channels with rip -rap protection Table 202 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-42 :FIRESTONE GENERAL REQUIREMENTS c' O' 'L: Q R' A', D. 0' SECTION 100 Drawing Symbol Criteria and Hydrology Review Table.. AA = Basin Designation B = Area in acres C = Composite Runoff Coefficients B C D. = Design Point Designation .Summary Runoff Table (To be placed on the drainage plan) Design Point Contributing Area (acres) Runoff Peak 5-year event cfs Runoff Peak 100-year event cfs All Phase III Drainage Reports shall have the following certification and acceptance statements: Engineer's Certification 1 hereby certify that this (report type) for the design of (project name) was prepared by me (or under my direct supervision) in. accordance with the provisions of the Town of Firestone Design Standards and Construction Specifications for the owners thereof. I understand that the Town of Firestone does not and will not assume liability for drainage facilities designed by others, including the designs presented in this report." (Name) . Registered Professional Engineer State of Colorado No. (#) (Affix Seal) Town Acceptance STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-43 • GENERAL REQUIREMENTS FIRESTONE Q TS c. a u, o. R. n n o SECTION 100 This report has been reviewed and found to be in general compliance with the Town of Firestone Design Standards and Construction Specifications and other Town requirements. THE ACCURACY AND VALIDITY OF THE ENGINEERING DESIGN, DETAILS, DIMENSIONS, QUANTITIES AND CONCEPTS IN THIS REPORT REMAINS THE SOLE RESPONSIBILITY OF THE PROFESSIONAL ENGINEER WHOSE STAMP AND SIGNATURE APPEAR HEREON. Accepted by: Town Engineer Date 170.00 DEFINITIONS AND ABBREVIATIONS 171.00 Definitions Whenever the following terms are used in these STANDARDS AND SPECIFICATIONS, they will be defined as follows: Bonds - performance, labor or material payment bonds, irrevocable letters of credit and other instruments of security furnished by the Developer or Contractor and his surety in accordance with the Subdivision Agreements or other Agreements with the Town. Town - the Town of Firestone acting through the Town Engineer or his/her authorized designee. Town Municipal Code - the latest, officially adopted Town of Firestone Municipal Code. Common Facilities - facilities serving or held in common title by the owners or occupants of two or more dwelling units or commercial or industrial enterprises and covered by these STANDARDS AND SPECIFICATIONS. Contractor - a person that undertakes to construct, alter, move, demolish, repair, replace, excavate or add to any public improvements or common facilities covered by these STANDARDS AND SPECIFICATIONS. Days - calendar days unless otherwise specified. Developer - the person or persons legally responsible to the Town for construction of improvements within a subdivision. Town Engineer- The Town's Town Engineer or his/her authorized designee. Equipment - all machinery and equipment, together with the necessary supplies for upkeep and maintenance, and tools and apparatus necessary for the proper construction and acceptable completion of the work. Field Order— are issued in writing when there is to be a change from what is shown on the plans and/or what is called for in the specifications, can be upgraded to a change order or construction modification order (extra work order) if costs are involved Inspector - the authorized representative of the Town Engineer assigned to make detailed inspections of construction work. to assure compliance with these STANDARDS AND SPECIFICATIONS and the plans as accepted by the Town. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-44 fIRESTONE SECTION 100 GENERAL REQUIREMENTS c: o L, o I A 'n o Plans - profiles, cross sections, drawings, and supplemental drawings, accepted by the Town that show the locations, character, dimensions or details of the work. Public improvements - improvements under the ownership or control of the Town including but not limited to the components of the water system, sewer system, street system, park system, and storm drainage system covered by these STANDARDS AND SPECIFICATIONS. The term also includes similar improvements being built in connection with a subdivision that are intended to be dedicated to the Town. PVC (Polyvinyl Chloride) - a strong, tough plastic based on resins made by the polymerization of vinyl chloride or co -polymerization of vinyl chloride with minor amounts (not over 50%) of other unsaturated compounds, which are fashioned into sheets, tubing, pipe, conduit, containers, insulation, etc. Regular working hours - Seven (7) A.M. until seven (7) P.M. or dusk (whichever occurs first) of the same day, Monday through Friday. Arterial Streets - Nine (9) A.M. until four (4) P.M. of the same day, Monday through Friday unless approved by the Town Engineer. Special provisions - special directions, provisions or requirements peculiar to the project and not otherwise detailed or set forth in the specification. Standards and Specifications - the body of directions, provisions, and requirements contained herein, describing the method or manner of construction and the qualities and quantities of the materials and work to be furnished. Initial Acceptance - that date, as determined by the Town Engineer, when the construction project or a specified part thereof is sufficiently completed, in accordance with these STANDARDS AND SPECIFICATIONS, so that the project or a specified part can be utilized for the purposes for which it is intended and when the warranty period begins. Supplier- an individual, firm or corporation having a direct contract with a developer or contractor or with any subcontractor for the manufacture or furnishing of any part of the supplies and/or materials to be used at or incorporated in, work at the site. 172.00 Abbreviations AASHTO - American Association of State Highway and Transportation Officials AC/ - American Concrete Institute AISC - American Institute of Steel Construction ANSI - American National Standards Institute APWA - American Public Works Association ASA - American Standards Association ASTM- American Society for Testing and Materials AWG - American Wire Gauge AWWA - American Water Works Association STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-45 • i GENERAL REQUIREMENTS FIRESTONE Q REMENTS c o. 'L. o. R n° o .o SECTION 100 BPR- Bureau of Public Roads CDOT- Colorado Department of Transportation CDPHE- Colorado Department of Public Health and Environment FCC - Federal Communications Commission gpcd - gallons per capita per day gpm - gallons per minute GRC- galvanized rigid conduit 1MSA - International Municipal Signal Association iPCEA - Insulated Power Cable Engineers Association. iTE- Institute of Transportation Engineers MGD - million gallons per day MUTCD - Manual of Uniform Traffic Control Devices NAPA - National Asphalt Paving Association NEC - National Electrical Code as approved by the American Standards Association NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association psi - pounds per square inch UBC - Uniform Building Code UDFCD - Urban Drainage and Flood Control District UPC - Uniform Plumbing Code UL - Underwriters Laboratories, Inc. USDA - United States Department of Agriculture 173.00 Terms Whenever, in these STANDARDS AND SPECIFICATIONS, the words "as ordered", "as directed", "as required", "as permitted", "as allowed", or words or phrases of like import are used, it will be understood that the order, direction, requirement, permission, or allowance of the Town is intended. . Similarly, the words "approved", "reasonable", "suitable", "acceptable","accepted", "properly", "satisfactory", or words of like effect and import, unless otherwise specified herein, will mean STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 100-46 FIRESTONE GENERAL REQUIREMENTS c: o o, a: n, :n .a SECTION 100 approved, reasonable, suitable, acceptable, accepted, proper, or satisfactory. in the judgment of the . Town. Whenever, in these STANDARDS AND SPECIFICATIONS, the words "Town Engineer" are used, it will be understood that the Town employee named therein will be whomever the Town Manager designates or whoever may be the authorized designee of the Town Engineer. 174.00 Specifications by Reference All specifications, i.e., ASTM, ACI, etc. made a portion of these STANDARDS AND SPECIFICATIONS shall be from the latest edition of said reference. Throughout these STANDARDS AND SPECIFICATIONS, any section referenced shall be deemed to include all sub -sections of that section. Any portion of these STANDARDS AND SPECIFICATIONS that may be applicable to any other section, whether referenced or not, shall apply. • STANDARDS AND SPECIFICATIONS 2020 EDiTioN PAGE 100-47 FIRESIONE ACCEPTANCE PROCEDURES C• O L. O: R A :D O. SECTION 200 . SECTION 200 ACCEPTANCE PROCEDURES SECTION PAGE 210.00 GENERAL CONDITIONS....................................................................................2 220.00 INITIAL. ACCEPTANCE PROCEDURES FOR DEVELOPMENT PUBLIC IMPROVEMENTS . ...................................I....... .......................................2 221.00 Inspection................................................................................................................2 222.00 Initial Acceptance Procedures ........... ............................:.........................:............... 3 223.00 Warranty Period Repairs, Replacement, and Maintenance of Improvements ..........3 230.00 INITIAL ACCEPTANCE PROCEDURES FOR PUBLIC IMPROVEMENTS CONTRACTED BY THE TOWN...........................................................................3 240.00 FINAL ACCEPTANCE PROCEDURES FOR DEVELOPMENT PUBLIC IMPROVEMENTS.......................................................................... ....................3 241.00 Final Inspection.......................................................................................................3 242.00 Final Acceptance Procedures........::.......................................................................A 243.00 Repairs and Replacement ................................................ :...................................... 4 250.00 FINAL ACCEPTANCE PROCEDURES FOR PUBLIC IMPROVEMENTS CONTRACTED BY THE TOWN...........................................................................4 251.00 Final Warranty Inspection.........................................................................................5 252.00 Final Acceptance Procedures..................................................................................5 253.00 Repairs and Replacement.......................................................................................5 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 200-1 ACCEPTANCE PROCEDURES FIRESTONE SECTION 200c• o :�. o- :R• n ��: o SECTION 200 ACCEPTANCE PROCEDURES 210.00 GENERAL CONDITIONS Prior to requesting inspection for Initial Acceptance of the work: A. All temporary structures, debris, mud and waste materials shall be removed from all public property. B. A complete and accurate set of "as built" drawings as described in Section 222.00 shall be submitted to the Town Engineer. Changes to the original design drawings must be supported by documentation that contains the signature and seal of a Colorado Registered Professional Engineer. C. All relative testing certifications and documentation shall be submitted to the Town Engineer. All required certifications must contain the signature and seal of a Colorado Registered Professional Engineer. D. All other supporting documentation as may be required shall be submitted to the Town Engineer as described in Section 222.00. 220.00 INITIAL ACCEPTANCE PROCEDURES FOR DEVELOPMENT PUBLIC IMPROVEMENTS 221.00 INSPECTION Upon completion of all construction and prior to requesting Town's Initial Acceptance, the Contractor and/or Owners representative should conduct their own inspection and make all necessary corrections. When the improvements to be accepted are complete and ready for inspection, the inspection may be initiated by: A. Written request from the Developer to the Town Engineer outlining which facilities are ready for inspection, or B. The Town Engineer, if he/she determines it to be necessary, may inform the Developer that an inspection will be made, and outline those facilities which will be inspected. The Town Engineer will then schedule a date and time for inspection with members of the Town staff within one (1) week of request. Within two (2) weeks after the initial acceptance inspection, a list of deficiencies will be prepared by the Town Engineer and presented to the Developer. Within one (1) week of receipt of this list, the Developer shall submit a satisfactory time schedule for correction of the deficiencies.. After the Developer and the Contractor have corrected the deficiencies, the developer must inform the Town that repairs have been made, and a follow-up inspection will be scheduled. The time schedule noted above may be extended only under special circumstances with the written approval of the Town Engineer. Should the deficiencies not be corrected in the time period outlined herein, the Town .has the right to prepare another list of deficiencies and/or draw upon the performance guarantee as specified in the improvement or subdivision agreement to complete the improvements. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 200-2 ACCEPTANCE PROCEDURES FIRESTONE S222.00 Initial Acceptance Procedures SECTION 200 After the Public Improvements have passed inspection, the Developer shall request in writing an Initial Acceptance letter within fifteen (15) days of inspection. The following items must be submitted prior to Initial Acceptance being granted: A. An electronic copy of "As Built or Record Drawings" plan drawings in AutoCAD (.dwg) and PDF (pdf) format. External references must be bound to the AutoCAD file or all drawing files shall be included in a folder that will enable the drawing fifes to open correctly so they will not require re -mapping, B. Field inspection reports as required in Section 160.00 of these STANDARDS AND SPECIFICATIONS. C. A final sworn affidavit of construction cost; and D. Any other items required under the subdivision agreement. E. Additional "As Built or Record Drawing" information is required for entry into Town's GIS system in accordance with the current User Guide. 223.00 Warranty Period Repairs, Replacement, and Maintenance of Improvements For a two (2) year period from the date of "Initial Acceptance" of any improvements related to the Development, the Owner shall, at his own expense, take all actions necessary to maintain said improvements and make all needed repairs or replacements which, in the reasonable opinion of Firestone, shall become necessary, except that Firestone shall be responsible for snow removal. If within thirty- (30) days after Owner's receipt of written notice from Firestone requesting such repairs or replacements, Owner has not completed such repairs, Firestone may exercise its right to secure performance as provided in the Development Agreement. At least thirty- (30) days before the two- (2) years has elapsed from the issuance of the Initial Acceptance, the Developer must request an inspection for consideration of completion of the warranty period. Following inspection, a list of deficiencies will be prepared. After repairs have been made, a follow-up inspection must be requested. The warranty period is not over until all warranty repairs have „been made. The warranty period for repairs shall be one year. 230.00 INITIAL ACCEPTANCE PROCEDURES FOR PUBLIC IMPROVEMENTS CONTRACTED BY THE TOWN The inspection and acceptance procedures for public.improvements contracted by the Town are specified in the contract documents. 240.00 FINAL ACCEPTANCE PROCEDURES FOR DEVELOPMENT PUBLIC IMPROVEMENTS 241.00 Final Inspection Thirty- (30) days prior to expiration of two- (2) year warranty period and prior to requesting Town final acceptance, owner's representative should conduct their own inspection and make all • necessary corrections. An inspection checklist may be obtained from the Engineering Division. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 200-3 ACCEPTANCE PROCEDURES FIRESTONE SECTION 200. When the improvements to be accepted are complete and ready for final inspection, the final inspection may be initiated by - A. Written request from the Developer to the Town Engineer outlining which facilities are ready for final inspection, or B. The Town Engineer, if he determines it to be necessary, may outline those facilities that will be inspected. The Town Engineer will then schedule a date and time for final inspection with members of the Town staff within one (1) week of request. Within two (2) weeks after the final inspection, a list of deficiencies will be prepared by the Town Engineer and presented to the Developer. Within one (1) week of receipt of this list, the Developer shall submit a schedule for correction of the deficiencies acceptable to the Town. After the Developer and the Contractor have corrected the deficiencies, the Developer must inform the Town that repairs have been made, and a follow-up final inspection will be scheduled. The time schedule noted above may be extended only under special circumstances with the written approval of the Town Engineer. Should the deficiencies not be corrected in the time period outlined herein, the Town has the right to prepare another list of deficiencies and/or draw upon the performance guarantee as specified in the improvement or subdivision agreement to complete the improvements. 242.00 Final Acceptance Procedures After the Public Improvements have passed the final inspection, the Developer shall request in writing a Final Acceptance Letter within fifteen (15) days of final inspection. 243.00 Repairs and Replacement Upon issuance of Final Acceptance, the Town will take full responsibility of the improvements, except for repairs and replacements that, in the opinion of the Town Engineer, shall become necessary for those repaired/replaced items. At the end of the warranty, items repaired/replaced under the two (2) year warranty period will be subject to an additional one (1) year warranty. If, within ten (10) days after the Developer has received written notice from the Town Engineer requesting repairs or replacements, the Developer has not undertaken to make the repairs or replacements, the Town may make the repairs and replacements and draw upon the Developer's performance guarantee as specified in the subdivision agreement. - Approximately one (1) year following final acceptance, the Developer must request an inspection for consideration of completion of the'warranty period. Following inspection, a list of deficiencies will be prepared. After repairs have been made, a follow-up inspection must be requested. The warranty period is not over until all warranty repairs have been made. The warranty period for repairs shall be one (1) year. 250.00 FINAL ACCEPTANCE PROCEDURES FOR PUBLIC IMPROVEMENTS CONTRACTED BY THE TOWN The inspection and construction acceptance procedures for public improvements contracted by the Town are specified in the contract documents. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 200-4 r� • • ACCEPTANCE PROCEDURES 251.00 Final Warranty Inspection FIRESTONE SECTION 200 Thirty- (30) days prior to expiration of two- (2) year warranty period and prior to requesting Town final acceptance, Contractor should conduct their own inspection and make all necessary corrections. An inspection checklist may be obtained from the Engineering Division. When the improvements to be accepted are complete and ready for final inspection, the final inspection may be initiated by: A Written request from the Contractor to the Town Engineer outlining which facilities are ready for final inspection, or B The Town Engineer, if he determines it to be necessary, may outline those facilities that will be inspected. The Town Engineer will then schedule a date and time for final inspection with members of the Town staff within one (1) week of request. Within two (2) weeks after the final inspection, a list of deficiencies will be prepared by the Town Engineer and presented to the Contractor. Within one (1) week of receipt of this list, the Contractor shall submit a satisfactory time schedule for correction of the deficiencies. THE DEFICIENCIES MUST BE CORRECTED WITHIN THIRTY- (30) DAYS OF THE RECEIPT OF THE LIST. After the Contractor has corrected the deficiencies, the Contractor must inform the Town that repairs have been made, and a follow-up final inspection will be scheduled. The time schedule noted above may be extended only under special. circumstances with the written approval of the Town Engineer. Should the deficiencies not be corrected in the time period outlined herein, the Town has the right to prepare another list of deficiencies and/or draw upon the performance guarantee as specified in the construction agreement to complete the improvements. 252.00 Final Acceptance Procedures After the Public Improvements have passed the final inspection, the Contractor shall request in writing a Final Acceptance Letter within fifteen (15) days of final inspection. 253.00 Repairs and Replacement Upon issuance of Final Acceptance, the Town will take full responsibility of the improvements, except for repairs and replacements that, in the opinion of the Town Engineer, shall become necessary for those repaired/replaced items. At the end of the warranty, items repaired/replaced under the two (2) year warranty period will be subject to an additional one (1) year warranty. If, within ten (10) days after the Contractor has received written notice from the Town Engineer requesting repairs or replacements, the Contractor has not undertaken to make the repairs or replacements, the Town may make the repairs and replacements and draw upon the Contractor's performance guarantee as specified in the construction agreement. Approximately one (1) year following final acceptance, the Contractor must request an inspection for consideration of completion of the warranty period. Following inspection, a list of deficiencies will be prepared. After repairs have been made, a follow-up inspection must be requested. The warranty period is not over until all warranty repairs have been made. The warranty period for repairs shall be one (1) year. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 200-5 FIRESTONE SITE WORK C- D: L, :O, •I2 A D O SECTION 300 SECTION 300 SITE WORK SECTION PAGE 310.00 GENERAL..............................................................................................................3 311.00 Local Laws, Ordinances and Codes....................................................................3 312.00 Protection of Public Improvements......................................................................3 312.01 Operation of Existing Valves...........................................................................3 312.02 Interruption of Services...................................................................................3 312.03 Equipment Operated on Streets......................................................................4 320.00 DEMOLITIONS AND REMOVAL OF STRUCTURES AND OBSTRUCTIONS ........ 4 321.00 Bridges, Culverts and Other Drainage Structures................................................4 322.00 Pipe....................................................................................................................5 323.00 Pavements, Sidewalks, Curbs, Etc......................................................................5 324.00 Disposal..............................................................................................................5 330.00 SITE PREPARATION.................................................................................a...........5 331.00 Clearing..............................................................................................................6 332.00 Grading...............................................................................................................6 333.00 Disposal..............................................................................................................7 334.00 Topsoil................................................................................................................7 340.00 EARTHWORK........................................................................................................8 340.01 Definitions........................................................................................................8 340.02 Grading Tolerances.........................................................................................9 340.03 Backfill and Embankment Material..................................................................9 341.00 Excavation..........................................................................................................9 341.01 Excess Excavation........................................................................................10 341.02 Excavation Near Existing Structures and Utilities..........................................10 342.00 Protection of Existing Structures and Utilities....................................................10 342.01 Relocation and Replacement of Existing Structures and Utilities...................11 343.00 Excavated Material...........................................................................................11 344.00 Proof Rolling.....................................................................................................12 345.00 Embankment Fill...............................................................................................12 345.01 Structure Backfill...........................................................................................14 345.02 Roadway Excavations, Backfill and Compaction............................................15 346.00 Grading.............................................................................................................15 347.00 Moisture Control.................................................................................................15 348.00 Borrow..............................................................................................................16 350.00 TRENCHING, BACKFILLING AND COMPACTING.............................................16 350.01 Special Conditions........................................................................................17 351.00 Trench Excavation for Pipelines and Service Lines...........................................17 351.01 Removal of Water:................................................:.......................................18 351.02 Preparation of Foundation for Pipe Laying .......... :...... ............................. I ..... 18 352.00 Bedding for Pipelines and Service Lines. .......................................................... 18 352.01 Bedding Compaction ................. .................. ...:.................................... I ......... 19 353.00 Backfill for Pipelines and Service Lines.............................................................19 353.01 353.02 Backfill Compaction........................................................................................20 Maintenance of Backfill.................................................................................21 . STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-1 ' — FIRESIONE SITE WORK SECTION 300 354.00 Compaction Testing ----_-------.-----_-----.'-----21 355.00 Cable Installation .............................................................................................. 21 355.01 General ................ ............... ............ ............................................................. 21 355.02 Underground Installation ......... ----'------------------'22 355.03 Overhead |nshaUa�0D----------------- ................................ 22 360[00 RESTORATION AND CLEANUP ..................................... .................................. Z2 ' ' STANDARDS AND SPECIFICATIONS 2020sD00w PAGE 300'2 / � SITE WORK FIAESiON SECTION 300 SITE WORK 310.00 GENERAL SECTION 300 All site work and excavation shall comply with the requirements of the STANDARDS AND SPECIFICATIONS and any special criteria established by the Town. The Town Engineer, at a pre- design/pre-construction meeting, may establish special criteria. Site work shall be completed as detailed on the accepted engineering plans. Site work shall consist of demolition and removal of structures and obstructions; clearing and grubbing; overlot grading; subgrade preparation; removal of topsoil, site preparation; excavation and embankment; excavation, trenching, bedding and backfill of pipelines and service lines; excess excavation; borrow; and restoration and cleanup. 311.00 Local Laws, Ordinances and Codes The Contractor shall comply with all current federal, state, county, and local laws, and codes pertaining to earthwork. The Contractor must obtain all necessary permits as required in Section 100, General Conditions, of these STANDARDS AND SPECIFICATIONS and/or any permits required by this Section prior to commencement of the work. The Contractor shall notify the Town Engineer forty-eight (48) hours before the start of the work or when work is to be resumed following a delay. 312.00 Protection of Public Improvements The Contractor shall be held responsible for the protection of public improvements as stated in Section 141.00, Protection of Public and Utility Interests, of these STANDARDS AND SPECIFICATIONS. It will be the Contractor's responsibility to replace all public improvements so damaged at their own expense. Street cuts are restricted according to Section 143.00 of these STANDARDS AND SPECIFICATIONS. 312.01 Operation of Existing Valves The Public Works Department will operate all existing valves, blow -offs, and curb stops. The Contractor will operate no valve or other control device on any existing system for any purpose unless authorized by the Town. 312.02 Interruption of Services Before starting site work, the Contractor shall plan and coordinate for the disconnection or interruption of all services such as water, sewer, cable T.V., telephone, gas, electric power and traffic. Disconnection and/or interruptions shall be made in accordance with the regulations of the utility that controls the supply of the service. Whenever the flow of traffic is affected, a Traffic Control Plan shall be provided in accordance with Section 141.08, Traffic Control, Barricades, and Warning Signs, of these STANDARDS AND SPECIFICATIONS. The Public Works Department shall provide a representative to be on site to observe and approve the Contractor's disconnection or interruption of the water services. Seventy-two (72) hours prior to the interruption of service, the Contractor will notify the Town of their plan and schedule.. Twenty-four (24) hours prior to the interruption of service, the Contractor will notify all users in writing with a hand delivered notification whose service will be interrupted in order for them to make provisions for STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-3 • • SITE WORK FIRESTONE SECTION 300 o:o�,o:ea.�o necessary water storage. No line in service will be shut down for more than a four (4) hour period at one time. Prior approval by the Town Engineer is required for all shutdowns. 312.03 Equipment Operated on Streets Only pneumatic -tired equipment shall be permitted to operate over paved surfaces. The. Contractor shall be responsible for any damage to the street surface resulting from their operation. 320.00 DEMOLITIONS AND REMOVAL OF STRUCTURES AND OBSTRUCTIONS The Contractor shall remove, wholly or in part and satisfactorily dispose of all foundations, signs, structures, fences, old pavements, abandoned pipelines, traffic signal material and any other obstructions which are not designated to remain, except for utilities and. for those items which other provisions have been made for removal. All salvable material shall be clearly marked by the Town and will be removed, without unnecessary damage, in sections or pieces that may be readily transported and will be stored in locations approved by the Town Engineer. These materials may include, but shall not be limited to, manhole frames and covers, inlet grates, fence material, handrails, culverts, guardrail, walkway, roadway and parking appurtenances (traffic signals and attached hardware, including mast arms and span wire) and irrigation systems and appurtenances. The Contractor shall be required to replace any materials lost from improper storage methods or damaged by negligence. Removal of sign panel will include all work necessary to remove the panel and its attachment hardware from the existing installation. Concrete adhering to sign posts will be removed; pedestals and based will be removed to one foot (V) below the surrounding ground or subgrade. • Where portions of structures are to be removed, the remaining parts shall be prepared to fit new construction. The work will be done in accordance with plan details and in such a manner that materials to be left in place will be protected from damage. The Contractor at their expense shall repair all damage to portions of structures that are to remain in place. Reinforcing steel, projecting from the remaining structure, shall be cleaned and aligned to provide bond with new extension. Dowels are to be securely grouted with approved grout. Depressions resulting from the removal of structures, footings, and other obstructions, shall be filled and compacted with clean fill materials so as to eliminate hazards of cave-in, accumulation and ponding of water. Materials used in detour structures and supplied by the Contractor, shall be the property of the Contractor. After the detour is abandoned, they will completely remove the detour structure and will dispose of materials according to these STANDARDS AND SPECIFICATIONS. Immediately following demolition and removal of rubbish from the site,. provided additional work is not required, the Contractor shall grade the entire contract area by filling, compacting, and leveling the site to existing adjacent grades. 321.00 Bridges, Culverts and Other Drainage Structures Bridges, culverts, and other drainage structures in use by traffic shall not be removed until the Town Engineer in accordance with Section 141.08, General Conditions, of these STANDARDS AND SPECIFICATIONS, has approved a Traffic Control Plan. Unless otherwise directed, the substructures of existing structures will be removed down to one (1) foot below natural stream bottom or ground surface. Where such portions of existing structures lie STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-4 SITE WORK FIRESTO SECTION 300 wholly or in part within the limits of a new structure, they will be removed as necessary to accommodate the construction of the proposed structure. Steel, pre -cast concrete and wood bridges shall be carefully dismantled without unnecessary damage. Steel members to be salvaged will be match -marked with waterproof paint. 322.00 Pipe Unless otherwise provided, all pipe shall be carefully removed and cleaned; every precaution must be taken to avoid breaking or damaging the pipe. Pipes to be re-laid shall be removed and stored, when necessary, so that there will be no loss or damage before relaying. Where culverts or sewers are to be left in place and plugged, the endsshall be filled with Type III concrete. Culvert and sewer ends are to be sufficiently filled to prevent future settlement of embankments. When removing manholes, catch basins and inlets, any live sewer connected with these items will be properly reconnected, and satisfactory bypass service will be maintained during such operations. 323.00 Pavements, Sidewalks, Curbs, Etc. All concrete or asphalt that is to remain shall have a straight, true line with a vertical face. Concrete or asphalt may be cut with a cutting wheel, jackhammer, or saw. If the Contractor cannot maintain a straight, true break line, the Town Engineer will order sawing. The sawing shall be done carefully, and the Contractor, at their expense will repair all damages to the concrete or asphalt to remain in place. The minimum depth of saw cuts in concrete will be two (2) inches. The Contractor shall be responsible for the cost of removal and replacement of all over break as determined by the Town Engineer. 324.00 Disposal The Contractor shall make all necessary arrangements for obtaining suitable disposal locations, and the cost involved will be included in the work. If disposal will be at other than established dumpsites, the Town Engineer may require the Contractor to furnish written permission from the property owner on whose property the materials will be placed. 330.00 SITE PREPARATION The Contractor shall complete all work necessary to satisfactorily prepare the site as shown on the accepted drawings and as specified herein. Following this preparation, the site shall be in such a condition as to easily continue with the next operation whether it is excavating, backfilling, or any other operations that are a part of the project. Site preparation includes clearing, grubbing, grading, tree and shrub removal, native grass stripping and removing and disposing of all debris within the limits of the project and such.other areas as may be indicated on the plans or required by the work, except such objects as are designated to remain or are to be removed in accordance with other sections of these STANDARDS AND SPECIFICATIONS. This work shall also include the preservation from injury or defacement of all vegetation and objects designated to remain. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-5 • • • SITE WORK FIRESTONE SECTION 300 • 331.00 Clearing The Town shall establish construction lines and designate all trees, shrubs, plants and other things that are to remain. The Contractor shall preserve all things designated to remain, Paint required for cut or scarred surfaces of trees or shrubs selected to remain will be an approved asphalt base paint, prepared especially for tree surgery. Branches on trees or shrubs shall be removed as directed. Branches of trees extending over the roadbed must be trimmed to give a clear working area above the roadbed surface. All trimming shall be done in accordance with Section 1000 of these Standards and Specifications. Hedges will be pulled or grubbed in such a manner as to assure complete and permanent removal. Sod not required to be removed, must be thoroughly disked before construction of embankment. All surface objects and trees, stumps, roots and other protruding obstructions not designated to remain will be cleared and/or grubbed as required, except nonperishable solid objects which will be a minimum of two (2) feet below subgrade. Except in areas to be excavated, stump holes and other holes from which obstructions are removed must be backfilled with suitable material and compacted in accordance with these STANDARDS AND SPECIFICATIONS. The Contractor will scalp areas where excavation or embankment is to be made. Scalping will include the removal of material such as brush, roots, sod, grass, residue of agricultural crops, sawdust, and other vegetable matter from the surface of the ground. • Clearing shall be performed in a careful and orderly manner with due consideration and protection of adjoining property, the public. and workmen. Any damage to streets, parking lots, utilities, plants, trees, buildings or structures on private property, or to bench marks and construction staking due to the negligence of the Contractor, shall be repaired and restored to its original condition by the Contractor at their expense. Those areas which are to be saved will be clearly staked or fenced off by the Contractor per the Town's instructions and it will be the Contractor's responsibility to ensure that these areas are not damaged during the construction process. Following completion of construction, should any of these trees, shrubs or sod require replacement, it shall be done at the. Contractor's expense. 332.00 Grading A Grading and Stormwater Quality Permit shall be required as specified in Section 151.00 of these STANDARDS AND SPECIFICATIONS. A. If grading is in excess of 1 acre, additional requirements must be adhered to in accordance with the Town of Firestone's Standards. Upon completion of the work, the Contractor shall provide the following information: A. An "as -graded" plan showing original ground surface elevations, as constructed ground surface elevations, lot drainage patterns, locations and elevations of all surface and subsurface drainage facilities. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-6 SITE WORK FIRESTONE SECTION 300 B. A soil grading report prepared by the soils engineer including locations and elevations . of field density tests, summaries of field and laboratory tests and any other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soils engineering report. C. A geological report prepared by the engineering geologist including a final description of the geology of the site including any new information disclosed during the grading, and the effect of it on recommendations incorporated in the accepted grading plan. All areas disturbed during grading operations shall have the final graded area hydra seeded or re - vegetated with native grasses in accordance with the requirements of the Town of Firestone. Seeding must be completed within sixty- (60) days of the grading completion and no longer than one hundred eighty (180) days of the commencement of grading operations at the site. The Contractor shall insure that the dust proofing requirements of Section 141.07, General Requirements, of these STANDARDS AND SPECIFICATIONS are strictly adhered to for the duration of the project. Grading of filled and unfilled areas shall be to the lines and grades indicated on the accepted plans. Grading shall be performed in conjunction with all of the necessary clearing, grubbing, stripping, filling, and compacting operations to the satisfaction of the Town. Grading shall be done by approved means. Areas adjacent to structures and other areas inaccessible to heavy grading equipment shall be graded by manual methods. Final grading shall be performed in such a manner as to provide proper drainage. In no case shall drainage from the project site be so altered or controlled as to result in damage, or the potential for damage, to adjacent property or to any portion of the work executed under the project from erosion or flooding. 333.00 Disposal The Contractor shall make all necessary arrangements for obtaining suitable disposal locations, and the cost involved will be included in the bid price. If disposal will be at other than established dump sites, the Town Engineer may require the Contractor to furnish written permission from the property owner on whose property the materials and debris will be placed. Materials and debris shall be disposed of in a manner acceptable to the Town Engineer. Burning shall not be permitted without prior written approval of the Town Engineer and the county health department. 334.00 Topsoil The Contractor shall salvage within the project limits, or acquire when needed, loose friable loam reasonably free of admixtures of subsoil, refuse, stumps, roots, rocks, brush, weeds, heavy clay, toxic substances or other material which would be detrimental to the proper development of vegetative growth. Topsoil shall not be placed until the areas to be covered have been properly prepared and grading operations in the area have been completed. Topsoil shall be placed and spread at locations and to the thickness shown on the plans and shall be keyed to the underlying material. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-7 • SITE WORK 340.00 EARTHWORK ESTORE SECTION 300 This work shall consist of excavation, disposal, shaping or compaction of all material encountered within the limits of the project, including but not limited to excavation of ditches and channels, surface boulders, muck, rock, concrete foundations, slabs, stripping, etc. Excavation will be performed to the line and grade and typical cross sections indicated on accepted plans or as required by the Town Engineer. Excavation, dewatering, sheeting, and bracing shall be carried out in such a manner as to eliminate any possibility of undermining or disturbing the foundation of any existing structures or any work previously completed. This Section does not include any work that is related to trenching, backfilling and compacting (refer to Section 350.00 of these STANDARDS AND SPECIFICATIONS). Should the project warrant, the Town Engineer may require the Contractor to provide an earth - moving diagram and haul routes. 340.01 Definitions Bedding material - material that is installed under pipelines (other than sanitary sewer and water lines), riprap, low flow channel or any other place considered necessary by the Town Engineer. The thickness of this material will be as shown on the accepted plans and will normally be six (6) inches under structures and three (3) inches under the bell of any pipe. Bedding material shall meet the gradation of CDOT "No.67 Coarse Aggregate" as specified in Section 703.02 in the latest edition of the CDOT "Standard Specifications for Road and Bridge Construction". Borrow - backfill or embankment material that must be acquired from designated borrow areas to make up the deficient areas that cannot be completed from excavation within work limits. All sources of borrow material must be approved by the Town Engineer. Embankment fill - earthwork consisting of embankments, including preparation of the area upon which they are to be placed, dikes within or outside right-of-way, placing and compacting of approved material within areas where unsuitable materials have been removed, and placing and compacting of embankment materials in holes, pits and other depressions to lines and grades shown on the accepted plans. Only suitable materials shall be used in construction of embankments and backfills. Proof rolling - the application of test loads over a sub -grade surface by means of a heavy pneumatic - tired vehicle to locate weak areas in sub grade. See Section 344.00 for specifications. Rock excavation - Igneous, metamorphic or sedimentary rock formations that cannot be excavated with a D-9 tractor in good repair with a single hydraulic ripper. Stabilization material- material that is to be placed in areas of over excavation of unsuitable material, or in areas of high water table to stabilize the unsuitable material. Stabilization material shall meet the gradation of "No. 4 Coarse Aggregate" as specified in Section 703.02 of the CDOT "Standard Specifications for Road and Bridge Construction". STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-8 SITE WORK FIRESTONE SECTION 300 Structure backfill - earthen material that is installed around and over any structure as illustrated on • the accepted plans. Imported structure backfill (Class 1) shall meet the general gradation of "Class 1 Structure Backfill Material" as specified in Section 703.08 of the CDOT "Standard Specifications for Road and Bridge Construction". On site Class 2 structure backfili shall also meet the requirements of Section 703.08 of the CDOT Specifications for Road and Bridge Construction. Structure excavation - excavation of any and all materials over an area extending three (3) feet out from the outer most bottom edge of a proposed structure, up to existing grade or top of proposed grade (whichever comes first) at a one to one (1:1) slope. Rock formations within this area that can be removed by ripping with a D-9 tractor in good repair with a single hydraulic ripper shall be considered structure excavation. Suitable material - any earthen material consisting of on -site or similar non -organic sands, gravels, clays, silts and mixtures thereof with a maximum size of six (6) inches. Bedrock that breaks down to specified soil types and sizes during excavation hauling and placement may be considered as suitable material. Unclassified excavation - any and all earthen materials encountered, including rocks and boulders, during construction. Rock formations that can be removed by ripping with a D-9 tractor in good repair with a single hydraulic ripper are considered as unclassified excavation. Unsuitable material - any earthen material containing vegetable or organic silt, topsoil, frozen materials, trees, stumps, certain man made deposits, or industrial waste, sludge or landfill, or other undesirable materials. 340.02 Grading Tolerances All earthwork shall be carried out in such a manner that final grades, after excavation, compaction of backfill, placement of rip rap, and construction of channel lining, etc. shall conform to those illustrated by design cross sections. The final earthwork shall be considered acceptable, providing all final grade elevations do not vary from the designed elevations by more than the following: . A. 0.3 feet at the top of any embankment where a cut side slope intersects the existing grade. B. 0.5 feet in all portions of the site not included in item A above. 340.03 Backfill and Embankment Material Any suitable material or borrow as defined above. Free running water shall be drained from materials before placement. 341.00 Excavation All excavated areas will be graded in a manner that will permit adequate drainage, will not disturb material outside the limits of slopes and will be within the tolerances noted in Section 340.02 of these STANDARDS AND SPECIFICATIONS. When practical, all suitable material removed from the excavation will be used in the formation of embankments, for backfilling, and for other purposes. Materials that are considered unsuitable material (including rock) or surplus by the Town Engineer • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-9 SITE WORK FIRESTONE SECTION 300 • shall be disposed of by the Contractor at their expense, in accordance with Section 324.00 and 333.00 of these STANDARDS AND SPECIFICATIONS. All water pumped or drained from the work shall be disposed of in a manner satisfactory to the Town Engineer, without undue interference with other work or damage to pavements, other surfaces, or property. 341.01 Excess Excavation If in the opinion of the Town Engineer, the material at or below the depth to which excavation for structures would normally be carried is unsuitable for the required installation, it shall be removed to such widths and depths as directed by the Town Engineer and shall be replaced with stabilization material. Where the bottom of the excavation, by error of the Contractor, have been taken to a depth greater than the depth specified, shown on the accepted plans or directed by the Town Engineer, said condition shall be corrected by refilling to the proper grade with structure backfill. Should this backfill for over excavation occur in areas of high groundwater, and then the backfill material shall e stabilization material. The Town Engineer shall approve all measures taken to rectify conditions caused by over excavation, and the cost resulting from such measures shall be borne by the Contractor. If, through failure or neglect of the Contractor to conduct the excavation work in a proper manner, the surface of the subgrade is in an unsuitable condition for proceeding with construction, the Contractor shall, at their own expense, remove the unstable material and replace it with recycled i concrete, structure backfill, or other approved material so that the condition of the subgrade meets with the approval of the Town Engineer before any work is placed thereon. Failure of the Contractor to control surface or groundwater adequately, premature excavation at the work site, or other manifestations of the Contractor's neglect or improper conduct of work, as determined by the Town Engineer, shall be grounds for requiring removal and replacement of unsuitable subgrade without additional compensation. 341.02 Excavation Near Existing Structures and Utilities The Contractor's attention is directed to the fact that underground utilities may exist within or immediately adjacent to the areas of proposed construction. Where possible, these utilities are indicated on the accepted plans; however, all of the services may not have been shown on the accepted plans, and the completeness and accuracy of the information presented is unverified and without guarantee. This information is supplied for the purpose of providing the Contractor with an indication as to the approximate locations of utilities at the work areas so that he will be made aware of probable obstructions and the extent to which these may affect construction. All utility lines shall be located on the ground with location equipment well ahead of the work at all times. All such locations shall be plainly marked by coded paint symbols on pavement or by marked stakes in the ground. The Contractor at no extra cost shall provide all such work. 342.00 Protection of Existing Structures and Utilities All existing poles, pipes, wire; fences, curbs, property line markers, and other structures that, in the • opinion of the Town Engineer, must be preserved in place without being temporarily or permanently STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-10 SITE WORK FIRESTO SECTION 300 relocated, shall be carefully supported and protected from damage by the Contractor. In case of damage, the Contractor shall notify the property owner so that proper steps may be taken to repair any and all damage done. When the property owners do not wish to make the repairs themselves, the Contractor shall repair all damage; or if not promptly done by them, the Town may have the repairs made at the expense of the Contractor. All utility services shall be supported by suitable means so that services do not fail during construction or when tamping and settling occur. The Contractor shall be compensated for any additional work involved whenever a utility or underground structure that had not been previously anticipated is so encountered longitudinally within the excavation limits so as to severely hinder normal excavation and construction methods. The Town shall establish the cost of such work and the Contractor through a "Change Order' before any additional work is performed. 342.01 Relocation and Replacement of Existing Structures and Utilities If, in the course of construction, the Contractor encounters utility services and/or structures of any kind not indicated on the plans, or otherwise provided for, which encroach upon or are encountered near and substantially parallel to the edge of the excavation and which, in the opinion of the Town Engineer, will impede progress to such an extent that satisfactory construction cannot proceed, they shall be relocated or removed, later to be restored or replaced as follows: A. Whenever the Contractor encounters any of the conditions as described above and is so ordered in writing, he shall do the whole of or such portions of the work as directed; change the location of, remove and later restore, or replace such structures; assist the Owner thereof in so doing. For such work the contractor shall be issued a change order for extra work. B. In removing existing pipes, or structures or utilities as described above, the Contractor shall use care to avoid damage to materials, and the Town Engineer shall include for payment only those new materials which,, in their judgment, are necessary to replace those unavoidably damaged. When fences interfere with the Contractor's operations, they may remove and, unless otherwise specified, later restore them to a condition at least as good as that in which they were found immediately before the work was begun, all without additional compensation. The restoration of fences shall be done as promptly as possible and not left until the end of the construction period. 343.00 Excavated Material Excavated material shall be placed so as to minimize the inconvenience to occupants traveling on streets and driveways or adjoining properties. Excavated material shall not be deposited on private property unless written consent of the property owner(s) has been filed with the Town Engineer. It is expressly understood that no excavated materials shall be removed from the site of the work or disposed of by the Contractor except as directed or approved by the Town Engineer, or as noted below. Suitable excavated material shall be used as backfill, fill for embankments, or other parts of the work in accordance with the appropriate sections of these STANDARDS AND SPECIFICATIONS. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-11 r� 0 • SITE WORK FIRESTONE SECTION 300 C O:.L .OR •A' :D O Disposal of surplus material shall be in accordance with Section 324.00 and 333.00 of these STANDARDS AND SPECIFICATIONS. 344.00 Proof Rolling Proof rolling shall be required on all subgrades and aggregate base course or where required by the Town Engineer to locate weak areas. Proof rolling shall be carried out as designated with a fully loaded 2,000 gallon single axle water truck. No separate payment shall be made for proof rolling operations. Areas of subgrade exposed and not previously disturbed but found to be weak and/or fail the test shall, at the direction of the Town Engineer, be excavated, scarified, wetted if necessary, and compacted with suitable backfill material to the requirements for density and moisture. After density and moisture requirements have been met, failed areas will require a subsequent proof roll. The Contractor shall be compensated for this work either at applicable unit bid prices or by change order. Areas of subgrade already conditioned but upon proof rolling are found to be weak and/or fail the test shall be ripped, scarified, wetted if necessary, and compacted to requirements for density and moisture. After density and moisture requirements have been met, failed areas will require a subsequent proof roll. All reconditioning will be at the contractor's expense. All proof rolls will be voided after twenty four (24) hours or a weather event . 345.00 Embankment Fill Earth fill shall be constructed in accordance with this Section, including placing and compacting of all embankment material, and all related work as required to ensure proper bond of materials with previously placed embankment. No material shall be placed in any section of embankment until the foundation for that section has been cleared, stripped, and dewatered and compacted in accordance with these STANDARDS AND SPECIFICATIONS. The suitability of each part of the foundation for placing embankment material thereon and of all materials for use in the embankment construction will be as determined by the Town Engineer or the projects' Soils Engineer. All materials shall be placed and compacted in approximately horizontal layers of the specified thickness After subgrade has satisfactorily been prepared, the fill material shall be placed and compacted thereon and built-up in successive layers until the required elevation is reached. Fill shall be placed within the lines and grades shown on the accepted plans or as directed by the Town Engineer. No fill shall be placed on frozen surfaces, nor shall the fill material contain snow, ice, or other frozen materials. Fill for embankment shall be a homogenous mixture of stockpiled suitable material. The characteristics of the material shall be in accordance with that of suitable material as defined in Section 340.01 of these STANDARDS AND SPECIFICATIONS. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-12 FIRESTONESECTION 300 SITE WORK C= O. L, Q. ,R A :0 O The filling operation shall begin in the deepest part of the area to be filled and fill shall be brought up in essentially level lifts. Fill shall be placed in layers by an approved method. The entire surface of the work shall be maintained free from ruts and in a condition that will permit construction equipment to travel over any section readily. The lifts may be discontinued, providing that the slopes of the bonding surfaces of adjoining portions of embankment shall not be steeper than 10.1 (horizontal to vertical). Previously placed material shall be moistened in such a manner and to such depths as will ensure a satisfactory bonding surface with a new material. The Contractor shall maintain the embankment in a manner satisfactory to the Town Engineer until the Town has given final acceptance of all work. Previously sprinkling, if required, to insure proper bond and compaction, shall moisten placed, or new materials. No compacting shall be done when the material is too wet, causing yielding. If the compacted surface of the fill layer is determined to be too smooth to provide an adequate bond with the succeeding layer, the surface shall be loosened by harrowing or by some other approved method before placement of the succeeding layer. Excavated materials, which the Contractor desires to use for embankment, and which are otherwise suitable for embankment, except that, when excavated are too wet for immediate compaction, shall be dried such as to permit them to be placed in the embankment at the proper moisture content. No additional payment will be made for adding moisture to materials, whether added on fill, or for stockpiling, re -handling, or drying materials for use in the embankment. The moisture content of the embankment prior to, and during, compaction shall be distributed i uniformly throughout each layer of material. The placement moisture content for all materials shall be as noted below. The Contractor will be responsible for insuring that compaction tests will be made when the Contractor has determined that he has properly compacted the embankment. Testing shall be completed in accordance with Section 354.00 of these STANDARDS AND SPECIFICATIONS. All embankment fill shall be compacted to the percent of relative compaction shown in Table 345.00- 1 and will be equal to or greater than the minimum values shown for the various types of soil. The moisture content will be maintained within + three percent (3%) of optimum moisture for A-1 through A-5 materials and optimum to 3% above for A-6 and A-7-6 materials during compaction. Each project shall have a soils report and specifications designed for that project, site specific. TABLE 345.00-1 AASHTO T 99 Min. AASHTO T 180 Min. Standard Proctor Modified Proctor Soil Classification Relative Compaction Relative Compaction (AASHTO M 145) (Percent) (Percent) A - 1 100 95 A — 3 100 95 A-2-4 100 95 A - 2 - 5 100 NIA All Others 95 NIA STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-13 SITE WORK FIRESTONE SECTION 300 C• O. ;G .O. R 'A' 'U O If at any time the Town Engineer judges that the degree of compaction being obtained is insufficient, they may halt operations and order that compaction tests be taken at their direction. Areas found deficient in degree of compaction shall be recompacted and regraded, if necessary. Failed :compaction tests, when ordered by the Town Engineer, shall be paid for by the Contractor. 345.01 Structure Backfill Structure backfill material shall be used to backfill behind reinforced concrete structures as illustrated on the accepted plans. Structure backfill shall comply with material as described in Section 340.01 of these STANDARDS AND SPECIFICATIONS. In addition, this material shall have a liquid limit not exceeding 35 and a plasticity index of not over 15 when determined in conformity with AASHTO T 89 and T 90. Areas adjacent to structures and other areas inaccessible to mobile compaction equipment shall be compacted with suitable power -drive hand tampers or other acceptable devices. Compaction by the latter method shall be done in six- (6) inch layers, unless otherwise directed by the Town Engineer. Backfilling shall consist of placing materials in horizontal, uniform layers brought up uniformly on all sides of the structure. Backfill material shall not be deposited against the back of concrete abutments, concrete retaining walls, or the outside of cast -in -place concrete structures until the concrete has developed a strength of not less than 2,500 pounds PSI in compression. Backfill placed within two (2) feet of any structure shall be covered up evenly on all sides to avoid unequal lateral pressures.. Compaction equipment or methods that produce horizontal or vertical earth pressures which may cause excessive displacement or may damage structures, shall not be used. Unless otherwise indicated on the accepted plans or directed by the Town Engineer, all sheeting and the Contractor prior to backfilling shall remove bracing used in making structure excavation. THE EXCESSIVE USE OF WATER DURING BACKFILLING OPERATIONS WILL NOT BE PERMITTED. No compacting shall be done when material is too wet to be compacted properly, at such times the compacting work shall be suspended until the previously placed and new materials have dried out sufficiently to permit proper compacting, or such other precautions shall be taken as may be necessary to obtain proper compacting. The moisture content of the embankment prior to, and during, compaction shall be distributed uniformly throughout each layer of material. The moisture content will be maintained within ± two percent (2%) of optimum moisture for A-1 through A-5 materials and optimum to three percent (3%) for A-6 and A-7-6 materials during compaction In the event that sufficient satisfactory backfill material is not available on the site, the Town Engineer shall direct the Contractor to import Class 1 structure materials as defined in Section 340.01 of these STANDARDS AND SPECIFICATIONS. The Contractor shall not be required to excavate below the depths of excavation indicated on the accepted plans to provide structural backfill material. However, to the extent that acceptable material is available within the excavation limits, the Contractor will be required to excavate, transport, and compact the material without compensation beyond that which may be included for "Unclassified Excavation used as Structural Backfill" or as may be allowed for in the bid documents. i= STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-14 SITE WORK FIRESTONE SECTION300 • Where pipe is connected to a structure being backfilled, the bedding and backfilling procedure shall conform to the requirements of Section 352.00 and 353.00 of these STANDARDS AND SPECIFICATIONS. The Contractor shall apply the proper compactive effort and moisture control throughout the backfilling process. The Contractor shall be responsible for ensuring that compaction tests are made of the fill when the Contractor has determined that they have properly compacted the structural backfill. Testing shall be completed in accordance with Section 354.00 of these STANDARDS AND SPECIFICATIONS. Structure backfill shall be compacted in conformance with Table 345.00-1. If at any time the Town Engineer determines that the degree of compaction being obtained is insufficient, they may halt operations and order that compaction tests be taken at their direction. Areas found deficient in degree of compaction shall be recompacted and regraded, if necessary. Failed compaction tests, when ordered by the Town Engineer, shall be paid for by the Contractor. The Town will pay for additional tests ordered by the Town Engineer when test results meet the requirements of these STANDARDS AND SPECIFICATIONS. 345.02 Roadway Excavations, Backfill and Compaction Roadway excavation shall be in accordance with unclassified excavation as defined in Section 340.01 of these STANDARDS AND SPECIFICATIONS, except for areas of rock excavation as defined in the same Section. The material and execution for the roadway backfill shall conform to Section 345.00 of these STANDARDS AND SPECIFICATIONS. 0 All roadway backfill shall be compacted to at least ninety-five percent (95%) of maximum density at optimum moisture content in accordance with ASTM Specification Designation D-698-70 (Standard Proctor). Water shall be applied uniformly during compaction to control moisture content. The moisture content will be maintained within +1- two percent (2%) of optimum moisture for A-1 through A-5 materials and optimum to two percent (2%) above for A-6 and A-7-6 materials during compaction. Prior to placement and compaction of roadway fill, all existing rubble and organic material shall be removed down to suitable existing material. The existing material shall then be scarified and roadway fill placed in accordance with Section 345.00 of these STANDARDS AND SPECIFICATIONS. 346.00 Grading Grading shall be completed in accordance with Sections 332.00 and 340.02 of these STANDARDS AND SPECIFICATIONS. 347.00 Moisture Control Moisture in fill materials shall be equal to that found in the natural unexcavated condition insofar as is practicable. If the Town Engineer determines that the fill material to be used is extremely wet, the Contractor shall spread the material on the areas .to be filled and the fill shall be permitted to dry to allowable moisture content. Harrowing where necessary shall assist the drying process. i STANDARDS AND SPECIFICATIONS 2020 EDMON PAGE 300-15 L-] SITE WORK FIRESTONE SECTION 300 If, in the opinion of the Town Engineer, additional moisture is required, water shall be applied by some sprinkling device in such away as to provide uniform distribution over the area to be treated with accurate control of the rate and quantity of water applied. If excessive amounts of water are added or if rain should cause excessive wetness, the area shall be allowed to dry as described above. The moisture content of the fill shall be as near to optimum moisture content as possible, to create the least compactive effort to obtain maximum density. 348.00 Borrow It will be the Contractor's responsibility to stockpile suitable backfill material, both for embankment fill and structure backfill, in anticipation for use in other areas of the project. Only at the time that they estimate that they have sufficient suitable backfill material stockpiled to complete the project, should they proceed to haul excavated material from the site. If the Contractor should fail to preserve, on - site, sufficient suitable material, and should haul off and dispose of suitable material, they shall be responsible for recovering said suitable material to the site for use, at their sole cost. Should there be an insufficient quantity of material available on site for completion of the necessary embankment and structure backfill operations, the Contractor shall furnish approved backfill material as defined in Section 340.01 of these STANDARDS AND SPECIFICATIONS. 350.00 TRENCHING, BACKFILLING AND COMPACTING This work shall consist of furnishing all labor, materials, tools and equipment for trenching, bedding, backfill and compaction for all underground utilities as specified herein and shown on the accepted plans. The excavation shall be made to lines and grades shown on the accepted plans and as established by the Town Engineer. Except where shown otherwise on the accepted plans and except where the Town Engineer gives written permission to do otherwise, all trench excavation shall be made by open cut to the depth required to construct the pipelines as shown on the accepted plans. All excavation shall be unclassified. When excavating in concrete or asphalt areas, the limits of the trench shall be string lined and the surface cut in a vertical plane by sawing, cutting wheel or jack hammering. Vertical edges shall be cut to a vertical plane to a point one (1) foot outside the limits of excavation prior to placing the resurfacing material. The maximum size of street cut in existing major arterial or collector streets will be eight (8) feet square; pushing or boring, unless otherwise approved in writing by the Town Engineer, will install the remainder of the line under the finished street. Surface materials such as concrete and asphalt shall be disposed of independently of the underlying soil; base course and gravels are to be salvaged to stockpile, protected from contamination and reused for suitable material for backfill The Contractor, in accordance with Sections 324.00 and 333.00 of these STANDARDS AND SPECIFICATIONS must dispose of all unsuitable materials unacceptable for use as backfill. All excavated material which meets the requirements for backfill materials shall be stockpiled in a manner which will not endanger the performance of the work, endanger the workers, at a sufficient STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-16 FIRESTONESECTION300 SITE WORK c• o, r:, o.' R' distance from the banks to avoid overloading, obstruct sidewalks, driveways, or streets, AND provide the least possible interference with traffic. In existing developments excavation will not be permitted to advance more than one hundred fifty 160 feet ahead of pipe laying and two hundred 200 feet in advance of the backfill operations. No trench will be left open overni ht without written permission of the Town Engineer. The contractor shall provide and maintain adequate equipment to properly remove and dispose of all surface or ground water entering the trench. A Construction Dewatering permit must be obtained from the Colorado Department of Public Health and Environment (CDPHE). Water shall be disposed of in a suitable manner without damage to adjacent property or without being a nuisance to public health and convenience. The use of any sanitary sewer to dispose of trench water will not be permitted. The trench shall be dry at all times during pipe installation and so maintained until the joining operation is complete. 350.01 Special Conditions Subsurface investigation - Prior to the connection of any planned utility line to an existing line, the Contractor shall expose the existing utility at the points of connection in order to verify the elevations and materials of construction. The Town Engineer shall be notified a minimum of two (2) working days before such an investigation is performed. The Contractor shall also expose utilities as they cross each other to allow for verification of elevation and materials of construction. The Town Engineer will evaluate this information and provide revisions, if required, within three (3) working days of the completion of the investigation. • Telephone, Fiber Optic, Cable TV and all other "Wire Utility" lines - Where underground "wire utility" lines are encountered which were not shown on the accepted plans, they shall be relocated as directed by the Utility Company and in accordance with its specifications. The Contractor shall coordinate this work with all other phases of construction to avoid further conflicts. Gas and electric lines - Where underground gas and electric lines are encountered which were not shown on the accepted plans, they shall be relocated as directed by the Utility Company, and in accordance with its specifications. The Contractor shall coordinate this work with all other phases of construction to avoid further conflicts. 351.00 Trench Excavation for Pipelines and Service Lines Trenches shall be adequately supported and the safety of workers provided for as required by the .most recent Occupational Safety and Health Administration (OSHA) "Safety and Health Regulations for Construction". These regulations are described in Subpart P, Part 1926 of the Code of Federal Regulations. Sheeting and shoring shall be utilized where required to prevent any excessive widening or sloughing of the trench which may be detrimental to human safety, to the pipe being placed, to trees, or to any existing structure. Where excavations are made under severe conditions, it may be required that the contractor use an approved piling instead of sheeting and shoring. Excavated material shall not be placed nearer than two (2) feet from the sides of the trench. Heavy equipment shall not be used or placed near the sides of the trench unless the trench is adequately braced. • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-17 SITE WORK FIRESTONE SECTION 300 The width of the trench must comply with the requirements set forth in these STANDARDS AND SPECIFICATIONS and will be ample to permit the pipe to be laid and joined properly and backfill to be placed and tamped. The allowable trench width, regardless of the type of soil encountered, the depth of excavation or method of bedding densification, shall not exceed the outside diameter of the pipe barrel plus twenty-four (24) inches, or be less than the outside diameter of the pipe barrel plus twelve (12) inches when measured at any point below the top of the pipe bell, flange or collar. Where the width of the lower portion of the trench exceeds the maximum width herein stated, the Contractor, at their expense, shall furnish and install special pipe embedment or concrete encasement to protect the pipe from the additional loading. The pipe supplier shall determine the type and quantities of special pipe embedment, using trench -loading criteria based upon saturated backfill weighing 120 pounds per cubic foot and allowance for truck and other superimposed live loads. 351.01 Removal of Water The Contractor shall provide and maintain at all times ample means and devices with which to remove promptly and properly dispose of all water entering the trench excavation. Water shall be disposed of in a suitable manner without damage to adjacent property or without being a nuisance to public health and convenience. Dewatering shall be accomplished by well points, sumping or any other acceptable methods that will insure a dewatered trench. All dewatering methods will be sut Ject to the approval of the Town Engineer. A Construction Dewatering permit must be obtained from the Colorado Department of Public Health and Environment (CDPHE). 351.02 Preparation of Foundation for Pipe Laying When the excavation is in firm earth, care shall be taken to avoid excavation below the established grade plus the required specified over depth to accommodate the pipe bedding material. In case soft or otherwise unsuitable foundation material is encountered in the bottom of the trench, the Town Engineer may order its removal and replacement with stabilization material to provide a suitable foundation for the pipe. The fact that the trench bottom is wet will not be considered as evidence that the trench bottom is unstable, The bottom of sumps utilized for dewatering shall be two (2) inches minimum below the bottom of the trench excavation to prevent the upward flow of water into the excavation resulting in unstable bottom conditions. 352.00 Bedding for Pipelines and Service Lines All pipe shall be installed on sufficient bedding material (as defined in Section 340.01 of these STANDARDS AND SPECIFICATIONS or set forth below) so as to provide a minimum of six (6) inches separation between the subsoil and the pipe and shall extend up to the spring line of the pipe. The bedding material will be tamped around the full length of the pipe barrel to assure support for the total pipe length. The pipe barrel will be uniformly supported along the entire length of the pipe. Bedding material will be placed to a depth of twelve inches (12") above the top of all PVC pipe, HDPE pipe, and ductile iron pipe and to the spring line of all other pipe unless otherwise noted on the accepted plans. Suitable backfill material, as defined in Section 340.01 and modified in Section 353.00 of these STANDARDS AND SPECIFICATIONS, shall be placed from spring line to a minimum of twelve (12) inches over the top of the pipe and carefully tamped in place. Each type of - STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-18 SITE WORK FIRESTONE SECTION 300 pipe shall be installed as specified in the appropriate Section. Bedding material for sanitary sewer and water lines shall be a clean well -graded squeegee sand. or'/" x No. 4 bedding material, and shall conform to the following limits when tested by means of laboratory sieve: x_#4 BEDDING :MAT: -.... _.. SQUEEGEE, SAND w Sieve size Percent Passing Sieve size Percent Passing 314 inch 100% 314 inch 112 inch 98% 112 inch 318 inch 70% 318 inch 100% No. 4 14% No. 4 95% - 100% No. 8 7% No. 8 80% -100% No. 16 5% No. 16 50% - 85% No. 30 4% No. 30 25% - 60% No. 50 4% No. 50 10% - 30% No. 100 3% No. 100 2% -10% No. 200 2.1 % No. 200 .5% Bedding material for all other pipe (except as noted below) will be as defined in Section 340.01 of these STANDARDS AND SPECIFICATIONS. Bedding for underdrain pipe or for gravel underdrain without pipe, if required by the approved construction plans, shall be composed of washed gravel or crushed rock well graded in the size range from one-half (112) inch minimum to one (1) inch maximum. 352.01 Bedding Compaction All bedding material and suitable material placed to twelve (12) inches above the top of the pipe shall be carefully compacted to at least 70% of maximum relative density in accordance with ASTM D 4253 and 4254. 363.00 Backfill for Pipelines and Service Lines Suitable backfill shall be as defined in Section 340.01 of these STANDARDS AND SPECIFICATIONS. In addition, all wood or other organic material and deleterious substances must be removed. Clay and similar material with a liquid index in excess of 35 and a plasticity index in excess of 6 (determined in conformity with AASHTO T 89 and T 90) for import material will not be considered suitable for backfilling in trenches located in improved streets, roads, highways and thoroughfares. When the excavated material is unsuitable for compaction, other material must be provided which will meet the requirements of the following table: STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-19 A • • SITE WORK fIRE8i0NE SUITABLE BACKFILL MATERIAL Sieve size Total Percent Passin by We ig ht 2 inch 100 No. 4 30 - 100 No. 50 10 - 60 No. 200 5 - 20 SECTION 300 Additionally, structure backfill (flow -fill) meeting the following requirements may be used to backfill pipelines and service lines when specified in the Contract. Mix Minimum 24-hour strength - 10 PSI Maximum 28-day strength - 60 PSI Maximum aggregate size - 1 " Cement - Type 1-II (Ideal ASTM C 150) Slump - 6" minimum 8" maximum MIX PROPORTIONS(per cubic i ard'of concrete Cement 50 Lbs. Water 325 Lbs. 39gallons) 1"Aggregate (ASTM C33, Size No. 57 1700 Lbs. Sand - ASTM C33 1845 Lbs. Air (Entrapped) 5.0 ounces Theoretical Unit Weight - 143.7 Ibslyd3 @ 1.5% air Theoretical Yield - 27.23 ft3 @ 1.5% air % Sand of Total Aggregate- 52% Note: Aggregate weights are based upon the materials being in a saturated surface -dried condition. Materials used above the subgrade level must conform to the requirements for sub base and base course materials as defined in Section 500, Street Construction, of these STANDARDS AND SPECIFICATIONS. Any bracing installed to prevent cave-ins will be withdrawn in a manner that will maintain the desired support during the backfill operations. Driven sheet pilings shall be cut off at or above the top of pipe, and the portion below the cut-off line will be left in the ground. During construction the trench backfill shall be topped out with not less than nine (9) inches of CDOT Class 5 or 6 aggregate base course and maintained free of chuckholes, ruts and loose rock, until permanent asphalt surfacing is in place. 353.01 Backfill Compaction Bedding material shall be hand placed in loose six (6) inch lifts, hand tamped, and each lift thoroughly consolidated to the level(s) described in Section 352.00 of these STANDARDS AND SPECIFICATIONS. The remainder of the trench backfill will be placed in loose six (6) inch lifts and each lift thoroughly consolidated by tamping, vibrating, or a combination thereof, until the relative STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-20 SITE WORK FIRESTONE SECTION 300 compaction density is equal to or greater than the minimum value shown in Table 345.00-1 of these STANDARDS AND SPECIFICATIONS for the various classes of soil and type of compaction. The moisture content will be maintained within ± two percent (2%) of optimum moisture during compaction. Pipes, culverts, sewer and other miscellaneous structures outside the roadway prism or sidewalk and not subject to traffic loads or heavy loads for a period of two (2) years shall be backfllled in layers as described above but shall be compacted to approximately the density of the surrounding earth. Consolidation shall be obtained by the use of hand tampers having a minimum weight of twenty (20) pounds and a facial area in excess of twenty-four (24) square inches. Hydro hammers shall not be used in existing streets and neighborhoods. Large roller, tractor drawn equipment shall not be used within eighteen (18) inches of rigid pipe or thirty-six (36) inches of flexible pipe. Flooding or jetting of trenches will not be permitted. 353.02 Maintenance of Backfill All backfill shall at all times during construction be maintained to the satisfaction of the Town Engineer. Access across trenches for driveways and streets shall be maintained free of hazards to traffic or pedestrians. 364.00 Compaction Testing The compaction of the bedding and all types of backfill shall be tested at a rate of at least one (1) test per 200 cubic yards of fill material or portions thereof and at least one (1) test per 200 lineal feet per lift starting at two (2) feet above the pipe, whichever controls. The testing shall be at various depths and locations. The Town Engineer may require additional testing around structures, manholes, valve boxes, etc. The Contractor shall also have tests provided to the Town for water and/or sewer service lines as directed by the Town Inspector. Initial test results shall be submitted to the Town Engineer within twenty-four (24) hours of the test or on the next working day. Private engineering or geotechnical firms shall perform compaction testing at the Contractor's expense. A qualified technician who works under the direct supervision of a Registered Professional Engineer shall perform this testing. Final soils compaction reports shall be prepared and signed by a Registered Professional Engineer who is registered in the State of Colorado, and who is qualified to prepare such reports. Reports shall be submitted to the Town Engineer within one (1) week of the test. 355.00 Cable Installation 355.01 General Unless otherwise approved in Writing by the Town Engineer, all cable installation must be within public right-of-way or within a dedicated utility easement. All cable must be installed at a minimum depth of twenty-four (24) inches in accordance with the requirements of Article 300-5 of the National Electric Code (NEC). 0 STANDARDS AND SPECIFICATIONS 2020EDITION PAGE 300-21 SITE WORK FIRESTONE C O. L a, .R A D O 355.02 Underground Installation All underground installation shall be in accordance with Article 300-5 of the NEC. 355.03 Overhead Installation All overhead installation shall be in accordance with Article 230-24-(b) of the NEC. 360.00 RESTORATION AND CLEANUP SECTION 300 At all times during construction, the Contractor shall maintain the site, partially finished structures, material stockpiles and other like areas in a reasonable state of order and cleanliness. The surface grade and condition of all un-surfaced areas shall be restored to the grade and condition immediately prior to construction. The Contractor shall restore or replace all sod, trees, shrubbery, sprinkler systems, fences, and any other items, to a condition equal to that before the work began and to the satisfaction of the Town Engineer. See Section 1030.00 Seeding Specifications regarding appropriate mix for specific areas. All roadway surfacing, curbing, sidewalks, and gutters shall be restored or replaced to a condition equal to that before the work began and to the satisfaction of the Town Engineer. All roadway surfacing between the vertical surface cuts on each side of the excavation shall be removed and replaced with base course material and/or hot mix bituminous or concrete surfacing. • Pavement repair shall be completed as described in Section 143.00, Pavement Cuts, of these STANDARDS AND SPECIFICATIONS. Before final acceptance, the project area, material pits, and ground occupied by the Contractor in connection with the work shall be cleaned of all rubbish, excess materials, temporary structures, and equipment, and all parts of the work shall be left in acceptable conditions to the satisfaction of the Town Engineer. In the event of the Contractor's failure to perform the above work, the Town at the expense of the Contractor may perform the work. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 300-22 CONCRETE WORK FIRESTONE SECTION 400 SECTION 400 CONCRETE WORK SECTION PAGE 410.00 GENERAL..............................................................................................................3 420.00 MATERIALS ......................................... 421.00 Cement ............................................ 422.00 Fly Ash ............................................. 423.00 Water ................................................ 424.00 Admixtures ...................................... 425.00 Fine Aggregate ................................ 426.00 Coarse Aggregate ........................... 427.00 Colored Patterned Concrete........... 428.00 Flowfill Concrete .............................. ................................................................3 ................................................................3 .................................... I.........................3 ............................................I...................4 ................................................................4 ..............................................................4 .............................................................4 ................................................................5 ...............................................................5 430.00 MIXING...................................................................................................................5 431.00 General..............................................................................................................5 432.00 Design of the Mix..............................................................................................6 432'.01 General...........................................................................................................6 432.02 Classification...................................................................................................6 433.00 Ready -Mixed Concrete .....................................................................................6 440.00 REINFORCING STEEL AND FORMS.....................................................................7 441.00 Fibrous Reinforcing..........................................................................................8 450.00 PLACING CONCRETE...........................................................................................8 451.00 General..............................................................................................................8 452.00 Vibrating............................................................................................................9 453.00 Workability........................................................................................................9 454.00 Colored Patterned Concrete..........................................................................9 460.00 JOINTS.................................................................................................................10 461.00 Materials ......................................................................................................10 462.00 Spacing...........................................................................................................10 462.01 Expansion Joints.. ..................................... ................................................... 10 462.02 Contraction Joints.........................................................................................10 462.03 Tool or Saw Joints............................:............................................................11 470.00 FINISHING AND CURING.............................................................I..................11 480.00 PROTECTION......................................................................................................12 481.00 Cold Weather Concreting..............................................................................12 482.00 Hot Weather Concreting.................................................................................13 490.00 MISCELLANEOUS ................. ......................................................................13 491.00 Repairs............................................................................................................13 492.00 Cleanup...........................................................................................................14 493.00 Backfilling.......................................................................................................14 494.00 Testing...................................................................................................... .14 494.01 General.........................................................................................................14 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-1 • • FIRESTONE CONCRETE WORK c:QL 0, K.,k 0'.Or SECTION 400 494-02 Tests Provided by the Contractor .......................... ........................................... 14 494.03 Test Result Submittals .................................. ................................. I ............. 15 494.04 Responsibility and Duties of the. Contractor .................. ............. .................. 16 ' CONCRETE WORK FIRESTONE �._'o.::R SECTION 400 SECTION 400 CONCRETE WORK 410.00 GENERAL All Portland Cement concrete work within any street, parking lot or alley right-of-way or in any part of the water system, sewage system, or storm drainage system of the Town shall meet the requirements of these STANDARDS AND SPECIFICATIONS Engineering, plans, licenses, permits, inspection, warranties and acceptance will be as detailed in these applicable STANDARDS AND SPECIFICATIONS for the type of construction involved. Permits will be obtained BEFORE work begins. The Contractor shall call for inspection, giving one (1) working day (twenty-four [24] hours) notice, and inspection will be made before placement of concrete can occur. Inspector's approval to place materials will be obtained by the Contractor AFTER inspection has been made and BEFORE concrete is placed. Notice of rejection shall be given to Contractor in the event any aforementioned conditions given by the Town Engineer are not met, and work shall be halted until such time as corrective action is taken. Copies of the accepted drawings and the permit shall be on the job site and available to the inspector. 420.00 MATERIALS Concrete will be composed of Portland Cement, aggregate, and water, and shall be reinforced with steel bars or steel wire fabric where required. Admixtures other than air -entraining agents require written permission of the Town Engineer. 421.00 Cement • All cement used in concrete work shall be Portland Cement conforming to the requirements of ASTM C-150, Type I or Type II. In general, cement meeting the requirements of ASTM C 150 Type it cement shall be used in concrete that will be in contact with the soil, unless otherwise allowed or directed by the Town Engineer. Cement, which for any reason has become partially set or which contains lumps of caked cement, shall be rejected. The Contractor shall be responsible for the proper storage of all cement until it is used. When requested by the Town Engineer, the Contractor will, at his own cost and expense, furnish the Town Engineer with a certificate from the manufacturer or an acceptable testing laboratory for each carload of cement from which cement is taken for use in the work, stating that the cement meets the requirements of these STANDARDS AND SPECIFICATIONS for Portland Cement. 422.00 Fly Ash Fly ash may be utilized in the design mix when allowed by the Town Engineer. Fly ash shall conform to the requirements of ASTM C 618 for Class C or Class F. The pozzolanic index shall be eighty-five (85) for Class C and Class F fly ash. Class C fly ash will not be permitted where sulfate resistant cement is required. The Contractor shall notify the Town Engineer of the source of the fly ash for review prior to use in the project. The fly ash to be used on any project shall have been tested by the Contractor for compliance with these specifications. The results of this testing shall be submitted to the Town Engineer prior to its use on the project. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-3 • FIRESTONE CONCRETE WORK c o; L o: R N R 0 SECTION 400 When required by the Town Engineer, the Contractor shall provide the fly ash analysis performed by the fly ash supplier along with the concrete mix proportions. 423.00 Water Water for concrete will be clean and free from sand, oil, acid, alkali, organic matter, or other deleterious substances and will meet the requirements for mix water as published in ASTM C 94. Water from public supplies or water that has been proven to be suitable for drinking is satisfactory. 424.00 Admixtures The Contractor will use air -entraining admixtures for all surfaces of exposed concrete. Air entraining admixtures shall meet ASTM C 260. All other chemical admixtures shall meet ASTM C 494. 425.00 Fine Aggregate Fine aggregate shall be composed of clean, hard, durable, uncoated particles of sand, free from injurious amounts of clay, dust, soft or flaky particles, loam, shale, alkali, organic matter, or other deleterious matter. Fine aggregate will be well graded from course to fine and when tested by means of laboratory sieves will meet the requirements of ASTM C 33. Sieve Size' Percent Passing 318" 100 #4 95 - 100 #8 80 - 100 #16 50 - 85 #30 25 - 60 #50 10 - 30 #100 2 - 10 426.00 Coarse Aggregate The coarse aggregate shall consist of broken stone or gravel composed of clean, hard, tough and durable stone and will be free from soft, thin, elongated or laminated pieces, disintegrated stone, clay, loam, organic, or other deleterious matter. Coarse aggregate shall be well graded and when tested by means of laboratory sieves will meet the requirements of AASHTO M 43 #67 Sieve Size Percent'Passin ill 100% 314" 90 -100 318" 20 - 55 #4 0 - 10 #8 1 0 - 5 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-4 CONCRETE WORK FIRESTONE SECTION 400 427.00 Colored Patterned Concrete Where required on the accepted plans, colored patterned concrete shall comply with all applicable portions of this Section 400. In addition, the following shall apply: A. Minimum twenty-eight (28) day compressive strength of concrete shall be 4,000 psi. B. Air -entrainment shall be six percent (6%) L 1%] for maximum aggregate size of three-quarter inch (314") or one inch (1") and shall be seven and one-half percent (7.5%) L 1%] for a maximum aggregate size of three -eight inch (318") or one-half inch (112"). C. Normal set or retarded set water reducing admixture shall comply with ASTM C 494. D. No calcium chloride shall be added to the concrete mix. E. Matching integral color shall be used as a supplement, but not as a color hardener. F. Color hardener; Specially formulated for installation of pattern concrete, grade "Heavy Duty". Color shall be as noted on the accepted drawings or as approved by the Town Engineer. G. Color curing compound shall comply with ASTM C 309 and with all applicable air pollution regulations. When approved by the Town Engineer, reinforcing fibers may be used in the mix design. The fibers must comply with Section 441.00 of these STANDARDS AND SPECIFICATIONS, 428.00 Flowfill Concrete The following is the specification of the fiowfiil concrete as directed by the Town Engineer: ,Mix Specifications: Material ASTM Specification Weight Cement ASTM C-150 42 to 50 Ibs Sand ASTM C-33 1845 to 1850 Ibs Aggregate ASTM C-33 1700 to 1750 Ibs Air Entrainment ASTM C-260 5.0 ounces Water ASTM C-94 39 gallons * Slump shall be six (6) to eight (8) inches 430.00 MIXING 431.00. General All concrete shall be thoroughly mixed in a batch mixer of an approved type and capacity for a period of not less than two (2) minutes after all the materials, including the water, have been placed in the drum. During the period of mixing, the drum shall be operated at the speed specified by the manufacturer of the equipment. The entire contents of the mixer will be discharged before recharge, and the mixer will be cleaned frequently. The concrete shall be mixed only in such quantities that are required for immediate use. No re -tempering of concrete will be permitted. Hand -mixed concrete will not be permitted except by written approval of the Town Engineer. E • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-5 • • • CONCRETE WORK FIRESTONE c o: t a:. a, :o o: SECTION 400 432.00 Design of the Mix 432.01 General Concrete mix information shall be prepared and submitted in accordance with ACI 301 Section 4.2. Proportions shall be submitted to _the Town Engineer, along with at least two (2) sets of certified twenty-eight 28 day test results for review and acceptance. No concrete will be incorporated into the work until the Town Engineer has accepted the proportions. 432.02 Classification Concrete will conform to the following: Minimum compressive strength - 28 days* 4000 psi Minimum cement - sacks/cubic yard 6 = 564 Ibs Maximum water/cement ratio - by weight .45 Slum - inches 1-4 Air entrainment - % by volume 5-8 * When tested in accordance with ASTM C-31 433.00 Ready -Mixed Concrete The use of ready -mixed concrete will in no way relieve the Contractor or Developer of the responsibility for proportion, mix, delivery, or placement of concrete; all concrete must conform to all requirements ASTM C-94. The information included on the delivery system should be in accordance with ASTM C-94 section 16. Concrete shall be continuously mixed or agitated from the.time the water is added until the time of use and will be completely discharged from the truck mixer or truck agitator within one and one-half (1-1/2) hours after it comes in contact with the mixing water or with the aggregates. Retempered concrete will not be allowed. The Town will have free access to the mixing plant at all times. The organization supplying the concrete will have sufficient plant and transportation facilities to assure continuous delivery of the concrete at the required rate. (The contractor will collect delivery, or batch, tickets from the driver for all concrete used on the project and deliver them to the Town Engineer). Batch tickets will provide the following information in accordance with ASTM C-94: A. Name of ready -mix batch plant B. Serial number of ticket C. Date D. Truck number E. Name of purchaser F. Specific designation of job (name and location) G. Specific class or designation of the concrete in conformance with that employed in job specifications STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-6 CONCRETE WORK PRESTONE H. Amount of concrete in cubic yards I. Time loaded or of first mixing of cement and aggregates J. Water added by receiver of concrete and his initials K. Weights of fine and coarse aggregates L. Type, brand, and amount of cement M. Type, brand and amount of admixtures N. Weight (in gallons) of water including surface water on aggregates 440.00 REINFORCING STEEL AND FORMS SECTION 400 The placing, fastening, splicing and supporting of reinforcing steel and wire mesh or bar mat reinforcement shall be in accordance with the plans and the latest edition of "CRSI Recommended Practice for Placing Reinforcing Bars". All reinforcing steel shall be epoxy coated. Before being positioned, all reinforcing steel shall be thoroughly cleaned of mill and rust scale and of coatings that will destroy or reduce the bond. Where there is delay in depositing concrete, reinforcement will be re -inspected and, if necessary, cleaned. Reinforcement shall be carefully formed to the dimensions indicated on the accepted plans by the cold bending method. Cold bends shall be made so that the inside diameter of the bend measured on the inside of the bar shall be as follows:. . Bar Size , Grade 60 #3 through #8 6 bar dia. #9, #10, and #11 8 bar dia. #14 and #18 10 bar dia. The inside diameter of bend for stirrups and ties shall not be less than four bar diameters for sizes #5 and smaller, and five bar diameters for #6 and #8 inclusive. Reinforcement shall not be bent or straightened in a manner that will injure the material. Bars with kinks or bends not shown on the plans will not be used. Heating of reinforcement will not be permitted. Reinforcing steel will be accurately placed and secured against displacement by using annealed iron wire of not less than No. 18 gauge, or by suitable clips at intersections. Where necessary, reinforcing steel will be supported by metal chairs, spacers, precast mortar blocks, or metal hangers. Splicing of bars, except where shown on the plans, will not be permitted without approval of the Town Engineer. Welded wire fabric for concrete reinforcement shall be of the gauge, spacing, dimensions, and form specified on the plans or detailed drawings and will comply with "Specifications for Welded Steel Wire Fabric for Concrete Reinforcement" (ASTM A-185) or "Specification for Welded Deformed Steel Wire Fabric for Concrete Reinforcement" (ASTM A-497). Contractor shall submit to the Town Engineer shop drawings of the reinforcement for his review and acceptance. The Town Engineer' acceptance of shop drawings and bar schedules will not relieve the Contractor of fulfilling his responsibilities as outlined in the plans and specifications of the contract. Unless otherwise shown on the plans, the minimum clear cover for reinforcing steel will be the following, which is specified in ACI 301, Sec. 5.5: Bottom bars on soil bearing foundations & slabs............................................................ 3 inches STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-7 0, CONCRETE WORK FIRESTONE c o: ra.: o::a .A. ;n_ .o' SECTION 400 Bars adjacent to surfaces exposed to weather on earth backfill: For bars more than 314" in diameter......................................................................... 2 inches For bars 314" or less in diameter.........................................................................1-112 inches Interior Surfaces: slabs, walls, joints with 1-318" diameter or smaller .......................... 314 inches Whenever necessary, forms will be used to confine the concrete and shape it to the required lines. Forms shall have sufficient strength to withstand, without deformation, the pressure resulting from placement and vibration of the concrete. Forms shall be constructed so that the finished concrete will conform to the shapes, lines, grades and dimensions indicated on the accepted plans. Any form which is not clean and has had the surface prepared with a commercial form oil that will effectively prevent bonding and that will stain or soften concrete surfaces must not be used. Plywood forms, plastic coated plywood forms, or steel forms shall be used for all surfaces requiring forming which are exposed to view, whether inside or outside any structure. Surfaces against . backfilled earth, interior surfaces of covered channels, or other places permanently obscured from view, may be formed with forms having sub -standard surfaces. Forms will not be disturbed until the concrete has hardened sufficiently to permit their removal without damaging the concrete or until the forms are not required to protect the concrete from mechanical damage. Minimum time before removal of forms after placing concrete will be one (1) day for footings and two (2) days for all other concrete except in curbs, gutters, and sidewalks. 441.00 Fibrous Reinforcing When shown on the accepted plans or approved by the Town Engineer, fibrous reinforcing may be utilized. Fibrous concrete reinforcement shall be one hundred percent (100%) virgin polypropylene fibrillated fibers specifically manufactured for use as concrete reinforcement, containing no reprocessed olefin materials. The fibers shall have the following physical characteristics: A. Specific gravity - 0.91 B. Tensile strength - 70,000 to 110,000 psi C. Fiber length - per manufacturer's recommendation for specific use (three quarters inch [314"] for sidewalks) Add fibrous concrete reinforcement to concrete materials at the time the concrete is batched in the amounts recommended by the manufacturer (1.5 lb./cubic yard for sidewalks) or as indicated on the accepted plans. Concrete shall be mixed in strict accord with the fibrous concrete reinforcement manufacturer's instructions and recommendations to assure uniform and complete dispersion.. 450.00 PLACING CONCRETE 451.00 General Before depositing concrete, debris will be removed from the space to be occupied by the concrete and the forms, including any existing concrete surfaces, shall be thoroughly wetted. Concrete shall not be placed until all forms and reinforcing steel have been inspected and accepted by the Town • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-8 FIRESTONE SECTION 400 CONCRETE WORK c o; a., o. .R n- :D, o Engineer. Concrete shall be handled from the mixer to the place of final deposit as rapidly as possible by methods that prevent separation or loss of ingredients. The concrete shall be deposited in the forms as nearly as practicable in its final position to avoid rehandling. It will be deposited in continuous layers, the thickness of which generally will not exceed twelve (12) inches. Concrete shall be placed in a manner that will avoid segregation and will not be dropped freely more than five (5) feet. If segregation occurs, the Town Engineer may require the concrete to be removed and replaced at the Contractor's expense. Concrete will be placed in one continuous operation, except where keyed construction joints are shown on the plans or as approved by the Town Engineer. Delays in excess of thirty- (30) minutes may require removal and replacement of that pour, as determined by the Town Engineer. 452.00 Vibrating Concrete shall be thoroughly compacted or vibrated. All concrete will be compacted by internal vibration using mechanical vibrating equipment, except that concrete in floor slabs, sidewalks, or curb and gutter, not poured against form linings, will be either tamped or vibrated. Care must be taken in vibrating the concrete to vibrate only long enough to bring a continuous film of mortar to the surface. Vibration will stop before any segregation of the concrete occurs. Mechanical vibrators will be an approved type as specified in ACI Publication 309, Chapter 5. Vibrators shall not be used to move or spread the concrete. Any evidence of lack of consolidation or over -consolidation will be regarded as sufficient reason to require the removal of the section involved and its replacement with new concrete at the Contractor's expense. The Contractor shall be responsible for any defects in the quality and appearance of the completed work. 453.00 Workability The consistency of concrete will be kept uniform for each class of work and will be checked by means of slump tests. The workability of the concrete will be varied as directed by the Town Engineer. At all times concrete will have a consistency such that it can be worked into corners and angles of the forms and around joints, dowels and tie -bars by the construction methods which are being used without excessive spading, segregation or undue accumulation of water or laitance on the surface. If, through accident, intention, or error in mixing, any concrete fails to conform to the proportions of the approved mix design, such concrete will not be incorporated in the work but shall be discarded off the project site as waste material at the Contractor's expense. If approval is obtained and water is added at the job site, slump tests will be run and test cylinders cast following the addition of the water. Any expense incurred in excess of ordinary tests will be borne by the Contractor. 454.00 Colored Patterned Concrete Special concrete mix with integral color shall be placed and screeded to the proper grade, and floated to a uniform surface in the normal manner for slabs on grade. While the concrete is still plastic, the imprinting tools shall be applied to make the desired patterned surface. The pattern shall be matched at imprint edges and joints. Color Curing Compound, thinned in the proportion of one (1) part cure to one (1) part mineral spirits (paint thinner), shall then be applied uniformly with a roller or sprayer. The coverage shall be STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-9 CONCRETE WORK FIRESTONE SECTION 400 approximately six hundred (600) to six hundred fifty (650) square feet per gallon of un-thinned curing compound. At times when the air temperature is at or near freezing, the slab shall instead be cured using a suitable curing blanket and, if possible, the slab shall later be sealed with the Color Curing Compound at such time as the air temperature is above freezing. Use blankets and/or heaters as may be necessary to maintain the concrete at or above fifty -(50) degrees Fahrenheit for three (3) days after placement. The surface shall be cleaned to remove any residual materials. 460.00 JOINTS 461.00 Materials Joint materials will conform to AASHTO Specifications according to type as follows: Concrete joint sealer, hat -poured elastic....................................................................................M 173 Preformed expansion joint filler (Bituminous Type).....................................................................M 33 Preformed sponge rubber and cork expansion joint fillers........................................................M 153 Preformed expansion joint fillers - non -extruding & resilient bitum............................................M 213 Non -bituminous types shall be placed in widths shown on the accepted plans or three -eighths inch (318") when not specified. Bituminous type shall be used for concrete paving and structural construction where joint sealers are not called for. 462.00 Spacing 462.01 Expansion Joints Expansion joint material will be provided at the following locations and will be in place prior to the placing of concrete: A. at each end of curb return; B. between back of sidewalk and driveway slab or service walk; C. between new concrete and existing masonry buildings; D. as shown on the drawings; E. as directed by the Town Engineer; F. between new and existing concrete. 462.02 Contraction Joints For Curb, Gutter & Sidewalks: Transverse joints will be placed at maximum intervals of ten (10) feet to control random cracking; joints will be sawed or tooled to minimum depth of one-fourth (114) of the total thickness (no less than one and one-half [1 1/2] inches). For Concrete Trails greater than 5' (feet): Transverse joints will be placed at maximum intervals of ten (10) feet to control random cracking; joints will be sawed to minimum depth of one-fourth (114) of the total thickness (no less than one and one-half [1 '/2] inches). STANDARDS AND SPECIFICATIONS 2020 EDMON PAGE 400-10 CONCRETE WORK 462.03 Tool or Saw Joints FIRESTONE SECTION 400 Tool or saw joints will be spaced as follows: A. Not more than ten (10) feet nor less than five (5) feet apart in curb and gutter and combination curb -walk B. Not more than ten (10) feet nor less than five (5) feet apart in sidewalk C. At least two joints, equally spaced at not greater than ten (10) foot intervals as applicable in driveways D. As directed by the Town Engineer 470.00 FINISHING AND CURING Exposed faces of curbs and sidewalks shall be finished to true -line and grade as shown on the plans. Surface will be floated to a smooth but not slippery finish. Sidewalk and curb will be broomed or combed and edged, unless otherwise indicated by the Town Engineer. After completion of brooming and before concrete has taken its initial set, all edges in contact with the forms will be tooled with an edger having a three -eighths inch (318") radius. No dusting or topping of the surface to facilitate finishing will be permitted. Immediately following the removal of the forms, all fins and irregular projections will be removed from all surfaces except from those that are not to be exposed or are not to be waterproofed. On all surfaces, the cavities produced by form ties, honeycomb spots, broken corners or edges, and other defects, shall be thoroughly cleaned, moistened with water and carefully pointed and trued with a mortar consisting of cement and fine aggregate. The surface must be left sound, smooth, even, and uniform in color. Mortar used in pointing will not be more than thirty -(30) minutes old. All construction and expansion joints in the completed work shall be left carefully tooled and free of all mortar and concrete. The joint filler shall be left exposed for its full length with clean and true edges. Fresh concrete shall be adequately protected from weather damage and mechanical injury during the curing periods. Curing processes described herein may be used at the option of the Town Engineer. The selected curing process shall be started as soon as it can be done without injury to the concrete surface. The use of a membrane -curing compound is recommended. The following curing procedures may be used subject to the approval of the Town Engineer: A. ponding (for slabs or footings) B. spraying C. wet burlap, earth, or cotton mats D. waterproof paper or polyethylene plastic cover Membrane curing compound will not be used when the concrete surface will be painted. The type of membrane curing compound chosen shall not permanently discolor the concrete surface. Where membrane -curing compound is not used, the curing process will be carefully adhered to as follows: A. Surfaces being wetted by ponding, spraying, or wetted material will be kept completely wetted, with an excess of free water on the surface, at all times for the first seventy-two (72) hours. After this period, but for the remaining four (4) days, a wetting schedule will be followed whereby the concrete is wetted on a schedule approved by the Town Engineer. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-11 • • rI CONCRETE WORK �'o",0 R ON.0. SECTION 400 B. Surfaces being protected by waterproof paper or polyethylene plastic cover will receive special attention during the first seventy-two (72) hours to insure there is actually free moisture on the surface of the concrete under the waterproof surface. The Town Engineer may require the removal of the cover and a wetting of the surface when, in his judgment, there is insufficient moisture for curing. After the first seventy- two (72) hours the cover will be kept tightly in place for the remainder of the curing period. 480.00 PROTECTION 481.00 Cold Weather Concreting During extreme weather conditions, placing of concrete will be permitted only when the temperature of the concrete placed in the forms shall not be less than 50 degrees F nor more than 90 degrees F. To maintain this temperature range, the Contractor shall provide acceptable heating apparatus for heating the aggregates and the water. Cold weather placement of concrete shall follow the requirements and recommendations of ACI Manual 306. Concrete may be placed when the air temperature in the shade is 35 degrees F, and rising. No concrete shall be placed, regardless of the present temperature, when the weather forecast promises freezing weather before final set of the concrete unless special means of heating and protection are used, which must be approved by the Town Engineer. Protection against freezing is the Contractor's responsibility regardless of the weather forecast or climatic conditions at the time of placing. Small structures and slabs may be protected by completely covering fresh concrete with blankets. Large structures or vertical walls will be protected against freezing by enclosing the structure and heating with salamanders, heaters, or other devices capable of providing uniform and even heat throughout the structure. Heaters must be vented so that combustion gases are exhausted outside the enclosure in order to avoid carbonation of the fresh concrete. Cold weather is defined as a period when, for more than three (3) consecutive days, the following conditions exist: A. The average air temperature is less than 40 degrees F, and B. The air temperature is not greater than 50 degrees F for more than one half of any 24 hr. period. Concrete placed in cold weather will be protected from extreme temperatures as follows: A. A temperature of at least 50 degrees F for the first seventy-two (72) hours will be maintained. B. After the first seventy-two (72) hours and until the concrete is seven (7) days old; it will be protected from freezing temperatures. C. Concrete adjacent to heaters or salamanders will be insulated from direct heat of the unit that may dry it out prior to being properly cured. D. Temperatures will be measured by maximum and minimum thermometers furnished by the Contractor and installed adjacent to the concrete. i STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-12 fIRESTONE SECTION400 CONCRETE WORK c. o: �., o; R n�..o:.o Concrete slabs will not be placed, regardless of temperature conditions, if the supporting ground is frozen or contains frost. Use of salt or other additives to prevent concrete from freezing is not allowed. Concrete that has been frozen will be completely removed and replaced as directed by, and to the satisfaction of, the Town Engineer. 482.00 Hot Weather Concreting Except by written authorization, concrete will not be placed if the temperature of the plastic concrete cannot be maintained at 90 degrees F or lower. The placement of concrete in hot weather shall comply with ACI 305. Forms and reinforcing shall be cooled to a maximum of 90 degrees F or lower. 490.00 MISCELLANEOUS 491.00 Repairs After stripping of the forms, if any concrete is found to be not formed as shown on the accepted plans or is out of alignment or level, or shows a defective surface, it will be considered as not conforming with the intent of these STANDARDS AND SPECIFICATIONS and will be removed and replaced by the Contractor at his expense unless the Town Engineer gives written permission to patch the defective area. In this case, patching shall be done as described in the following paragraphs. Defects that require replacement or repair are those that contain honeycomb, damage due to stripping of forms, loose pieces of concrete, bolt -holes, tie -rod holes, uneven or excessive ridges at form joints, and bulges due to movement of the forms. Ridges and bulges will be removed by grinding. Honeycombed and other defective concrete that does not affect the integrity of the structure shall be chipped out, and the vacated areas will be filled in a manner acceptable to the Town Engineer. The repaired area shall be patched with a non -shrink, non-metallic grout with a minimum compressive strength of five thousand (5,000) psi in twenty-eight (28) days. All repair areas treated with an epoxy - bonding agent will have the approval of the Town Engineer before the repair filling is placed. Bolt -holes, tie -rod holes, and minor imperfections as approved by the Town Engineer, will be filled with dry -patching mortar composed of one (1) part Portland cement to two (2) parts of regular concrete sand (volume measurement) and only enough water so that after the ingredients are mixed thoroughly, the mortar will stick together on being molded. Mortar repairs will be placed in layers and thoroughly compacted by suitable tools. Care will be taken in filling rod and bolt holes so that the entire depth of the hole is completely filled with compacted mortar. The mortar mix proportions described above are approximate. An approved mix will be prepared by a commercial testing laboratory to insure that grout has a twenty-eight (28) day compressive strength equal to that of the area on which it is placed. All costs for mix design and the Contractor will pay testing. Those areas with excessive deficiencies as determined by the Town Engineer will be removed and replaced at the Contractor's expense. Where repairs are made in existing sidewalks, all edges of the old. sidewalk allowed to remain will be sawcut to a minimum depth of one half (%2) the existing thickness of concrete. No rough edges will be permitted where new construction joins the old section. Unless directed by the Town Engineer, no section less than five (5) feet in length will be placed or left in place. Where new sidewalk construction abuts existing sidewalks, the work will be accomplished so that there is no abrupt change in grade between the old section and the new work. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-13 0, • CONCRETE WORK FIRESTONE c o..� . o. ,R A n_ :o: SECTION 400 492.00 Cleanup The exposed surfaces of the concrete will be thoroughly cleaned upon completion of the work, and the site will be left in a neat and orderly condition. 493.00 Backfilling When side forms are removed and the concrete has gained sufficient strength, the space adjoining the concrete shall be promptly backflled with suitable material, properly compacted, and brought flush with the surface of the concrete and adjoining ground surface. In embankments, the backfill will be level with the top of the concrete for at least two (2) feet and then sloped as shown on the accepted plans or as directed by the Town Engineer. The Contractor, at his expense, will repair existing pavement that is damaged during construction. The first two (2) feet of patching to match existing asphalt or concrete will be the Contractor's responsibility. 494.00 Testing 494.01 General The requirements of this section will apply to testing services for all concrete curb and gutter, sidewalk, pavement, slope paving, retaining walls, structures, and for all miscellaneous concrete testing. Concrete materials and operations will be tested as directed by the Town Engineer and as herein stipulated. The required testing services will be performed by a designated testing agency acceptable to the Town Engineer and all testing agencies will meet the requirements of ASTM E329. A representative of the testing agency will inspect, sample, and test material and production of concrete as required by the Town Engineer. When it appears that any material furnished or work performed by the Contractor fails to fulfill specification requirements, the testing agency will report such deficiency to the Town Engineer and the Contractor, The testing agency shall report all test and inspection results to the Town Engineer and Contractor immediately after they are performed. All test reports will include the exact location of the work at which the batch represented by a test was deposited. The report of the strength test will include detailed information on storage and curing of specimen prior to testing, the project number, and the location of the concrete (curb, manhole, inlet, sidewalk, paving, etc.). The testing agency or its representative is not authorized to revoke, alter, relax, enlarge or release any requirements of these STANDARDS AND SPECIFICATIONS, nor approve or accept any portion of the work. 494.02 Tests Provided by the Contractor The following services shall be performed by the designated testing agency at the expense of the Contractor or Developer: A. Conduct strength test of the concrete during construction in accordance with the • following procedure: Secure composite samples in accordance with AASHTO T141; STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-14 FIRE;TONE CONCRETE WORK C SECTION 400 mold and cure specimens from each sample in accordance with AASHTO T23. The maximum time between sampling and casting the cylinders or beams shall be forty- five (45) minutes. If they cannot be returned to the laboratory and cast within the forty- five (45) minutes, they will be cast in the field and transported to the laboratory in twelve (12) to twenty-four (24) hours. One test series will be taken per fifty (50) cubic yards (or fraction thereof) of the concrete placed per day, or as directed by the Town Engineer. 1. Field cured test series: Four (4) cylinders; one (1) to be broken at seven (7) days; one (1) to be broken at fourteen (14) days; one (1) to be broken at twenty-eight (28) days; one (1) to be held or as directed by the Town Engineer. 2. Lab cured test series: Four (4) cylinders; One (1) to be broken at seven (7) days; two (2) to be broken at twenty-eight (28) days*; one (1) to be broken at fifty-six (56) days if necessary. *If the specified strength is not obtained at twenty-eight (28) days, one (1) cylinder is to be broken at fifty-six (56) days. B. Determine slump of the concrete sample of each strength test whenever consistency of concrete appears to vary, or when directed by the Town Engineer, in accordance with AASHTO T119. C. Determine air content of the concrete sample for each strength test in accordance with AASHTO T152 (pressure method), T196 (volumetric method), or T121 (gravimetric method). D. Sample additional concrete at point of placement, and perform other testing or inspection service as required. E. When required by the Town Engineer, the Contractor or Developer will provide concrete mix designs, the results of which will be immediately reported to the Town Engineer. When pumped concrete is to be used, a separate mix design will be required. Mix designs will be in accordance with ACI 211 and 304, as applicable. F. Additional testing and inspection required because of changes in materials or proportions. G. If the work fails to pass inspection or previous tests fail to meet specifications, additional tests will be taken as directed by the Town Engineer. H. Core samples will be obtained and tested when samples of fresh concrete were not obtained and tested in accordance with the provisions of these STANDARDS AND SPECIFICATIONS. Obtaining and testing cores will be in accordance with ASTM C42. Concrete in the area represented by a core test will be considered adequate if the average strength of the cores is equal to at least eighty-five percent (85%) of the specified strength fc, and if no single core is less than seventy-five percent (75%) of the specified strength. Core holes will be filled with low slump concrete or mortar. Cores may be tested in the dry condition in accordance with ACI 301. I. Failure of the Contractor to furnish testing as herein described will be sufficient cause for rejection of the work in question. 494.03 Test Result Submittals The testing agency shall submit field and laboratory test results to the contractor upon completion of sampling and testing. Any failing or sub -standard results shall be submitted to. the Town • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-15 • CONCRETE WORK FIRESTONE :;- SECTION 400 Inspector immediately. All. results shall be submitted to the Town of Firestone Town Engineer prior to Initial Acceptance. 494.04 Responsibility and Duties of the Contractor The Contractor will provide the testing agency with the following: A. Any labornecessary to. assist the designated testing agency in obtaining and handling samples at the project or from other sources of material. B. Provide and maintain forthe sole use of the testing agency adequate facilities for safe storage and proper curing of concrete test specimens on the project site as required by AASHTO T23. The use of testing services shall not relieve the Contractor of the responsibility to furnish material and construct in full compliance with these STANDARDS AND SPECIFICATIONS. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 400-16 FIRESTONE SECTION 500 ROADWAY & ASPHALT DESIGN c b, ;G O; R A ;D- O' S SECTION 500 ROADWAY & ASHPALT DESIGN SECTION PAGE 610.00 GENERAL..........................................................................................................4 511.00 Applicability......................................................................................................4 511.01 Situation Variances.........................................................................................4 512.00 Private Street Systems.....................................................................................4 513.00 Town Capital Improvement Projects...............................................................4 514.00 Final Overlay.....................................................................................................4 515.00 Traffic Control Plan...........................................................................................5 520.00 DESIGN CRITERIA ............................................................................................5 521.00 Geometric Cross Sections, Intersections and Street Layout .........................5 521.01 Alleys ..............................................................................................................5 521.02 Emergency Access.........................................................................................6 521.03 Intersection Design Guide................................................................................6 521.04 Medians........................................................................................................11. 522,00 Half Streets..................................................................................................11 523.00 Structural Sections.........................................................................................12 523.01 Structural Sections for Streets.......................................................................12 524.00 Horizontal Alignment......................................................................................12 625.,00 Vertical Alignment..........................................................................................13 525.01 Roadway Functional Classification................................................................13 525.02 Vertical Curve...............................................................................................13 525.03 Crest Vertical Curves....................................................................................13 525.04 Sag Vertical Curves......................................................................................15 526.00 Cul-de-sacs.....................................................................................................15 527.00 Major Structures.............................................................................................16 528.00 Design Element Coordination........................................................................16 529.00 Requirements of Other Jurisdictions............................................................16 530.00 SITE WORK AND EARTHWORK.....................................................................16 531.00 General............................................................................................................16 532.00 Clearing..........................................................................................................17 633.00 Demolition and Removal of Structures.........................................................17 533.01 Salvage.........................................................................................................17 533.02 Disposal........................................................................................................17 533.03 Backfill..........................................................................................................17 534.00 Protection of Existing Structures and Utilities.............................................17 535.00 Protection of Public and Private Installations...............................................17 536.00 Excavation and Embankment........................................................................18 537.00 Borrow.............................................................................................................18 538.00 Subgrade.........................................................................................................18 538.01 Subexcavation for Expansive Soils...............................................................18 539.00 Subgrade Construction..................................................................................19 539.01 Materials.......................................................................................................19 539.02 Construction..................................................................................................19 539.03 Underdrain....................................................................................................20 540.00 BITUMINOUS CONSTRUCTION......................................................................20 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-1 0 • ROADWAY & ASPHALT DESIGN FIRESTONE SECTION ON 500 I541.00 General............................................................................................................20 542.00 Base Course....................................................................................................20 543.00 Prime Coat..................................................................................... ..........21 644.00 Hot Bituminous Pavement......................................................... .................... 21 544.01 Asphalt/Polymer Combinations.....................................................................22 544.02 Weather Limitations......................................................................................23 545.00 Tack Coat.........................................................................................................23 546.00 Seal Coat.....................................................................................................23 647.00 Rejuvenating Agent........................................................................................23 548.00 Heating and Scarifying... ................................................................................ 23 549.00 Grinding...........................................................................................................24 550.00 CONCRETE PAVEMENT.................................................................................24 550.01 Lime Treated Subgrade................................................................................25 560.00 APPURTENANT CONCRETE STRUCTURES.................................................25 561.00 562.00 General............................................................................................................25 Materials ..........................................................................................................25 562.01 Cement Concrete..........................................................................................25 562.02 Forms............................................................................................................25 563.00 General Requirements.................................................................................25 563.01 Curb and Gutter Section................................................................................25 563.02 Sidewalks......................................................................................................25 563.03 Crosspans and Curb Return Fillets...............................................................26 563.04 Curb Cuts and Driveways..............................................................................26 563.05 Curb Ramps..................................................................................................26 563.06 Sidewalk Chase Drains.................................................................................26 564.00 Construction Requirements...................................................................... .26 564.01 Staking and Grade Control............................................................................26 564.02 Excavation and Embankment........................................................................26 564.03 Form Setting.................................................................................................27 564.04 Concrete Placement......................................................................................27 564.05 Joints............................................................................................................28 564.06 Finishing.......................................................................................................28 564.07 Marking.........................................................................................................29 564.08 Curing...........................................................................................................29 564.09 Protection Against Vandalism.......................................................................29 564.10 Cleanup........................................................................................................29 564A 1 Concrete Testing........................................................................ 570.00 INSPECTION...................................................................... ...........................29 571.00 General................................................................................................. ........29 672.00 Required Inspections.................................................................. .................30 573.00 Required Testing............................................................................................30 674.00 Utility Installations..........................................................................................30 575.00 Street Lighting................................................................................................30 680.00 STREET LANDSCAPING.................................................................................30 581.00 Installation.......................................................................................................30 582.00 Maintenance....................................................................................................31 E STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-2 FIRESTONE ROADWAY & ASPHALT DESIGN c o.. o. R ,A ;n. o SECTION 500 590.00 TRAFFIC CONTROL DEVICES ............................................................................31 591.00 GENERAL ................................................ ..................... ................... .....:3.1 592.00 .... .. .... SIGNS ....................................................................................................31 592.01 Street Name Signs............................................................................................31 592.02 Illuminated Signs.............................................................................I..................32 592.03 Stop Signs...................................................................................................... 33 592.04 Other Signs.......................................................................................................33 592.05 Private Street Signs..........................................................................................33 593.00 STRIPING.. ........................................................................................................ 33 594.00 SIGN SUPPORTS .........................................................................................34 595.00 STREET LIGHTING PROCEDURE TO A HIGH SOURCE...............................34 595.01 Residential Street Lighting................................................................................35 595.02 Collector Street Lighting....................................................................................35 595.03 Arterial Street Lighting.......................................................................................35 ROADWAY & ASPHALT DESIGN FIRESTONE SECTION 500 SECTION 500 ROADWAY & ASHPALT DESIGN 510.00 GENERAL 511.00 Applicability This Section contains design and testing criteria that must be met on all newly designed and constructed streets and parking lots (public or private) in the Town. 511.01 Situation Variances Where any particular requirements contained in 'this Section of these STANDARDS AND SPECIFICATIONS can be shown to be inappropriate when applied to an out -of -the -ordinary situation, variances to said minimum requirements will be considered and may be authorized by the Town Engineer. The proposed variance in the requirements must result in a level of safety, service, and quality equal to or greater than that intended by the application of said requirements. 512.00 Private Street. Systems Private street systems will be subject to all requirements of these STANDARDS AND SPECIFICATIONS. The Town Engineer, as provided for in Section 511.01 of these STANDARDS AND SPECIFICATIONS, may allow variances, subject to the review and acceptance. 513.00 Town Capital Improvement Projects It is recognized that the requirements contained in these STANDARDS AND SPECIFICATIONS are not necessarily sufficient for plans, specifications, and contract administration purposes for Town administered street capital improvement projects. Accordingly, the Town Engineer is authorized to develop and/or approve such additional requirements and procedures necessary for bidding, award, and construction administration for such projects. Additional said requirements and procedures must be consistentwith these STANDARDS AND SPECIFICATIONS and all applicable provisions of other Town codes. 514.00 Final Overlay Final Overlay shall not be scheduled until 2 years have expired since the initial construction surface was installed, at 100% built out, or as approved by the Town Engineer. When determined necessary by the Town Engineer, prior to installation of the final bituminous surface course, the developer will furnish the Town Engineerwith two (2) copies of a report, prepared by a Registered Professional Engineer licensed to practice in Colorado, utilizing non-destructive deflection testing to assess and predict the performance of the pavement. The Professional Engineer will have a past history and knowledge in performing these tests. Qualifications of Professional Engineer must be submitted to the Town Engineer for acceptance before the start of work. The pavement evaluation will be performed in accordance with good engineering practices. The report will generally embody the following testing and pavement evaluation techniques: STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-4 ROADWAY & ASPHALT DESIGN FlR.ESTO.NE SECTION 500 A. Environmental study (frost cycle, drainage, etc.) . B. Pavement surface evaluation C. Soil borings in areas of high deflections D. Pavement deflection analysis (Dynaflex, Benkelman Beam, etc.) The report will evaluate the existing condition of the base and binder course by performance of deflection tests at a minimum of one hundred foot (100') spacing per traffic lane. The report will determine the thickness of the final lift to ensure that the pavement section will meet a twenty (20) year (or greater) pavement life. The Pavement Evaluation Report will not be considered valid unless the wearing surface is applied during the same construction season as the testing was done. 516.00 Traffic Control Plan Contractor will be responsible for submitting a traffic control plan that was designed and approved by a certified TCS (Traffic Control Supervisor) for review and acceptance prior to construction. The Traffic Control Plan must be in conformance with Section 141.08, Traffic Control, Barricades and Warning Signs, of these STANDARDS AND SPECIFICATIONS. 520.00 DESIGN CRITERIA Street design, construction and right of way requirements will conform to the provisions of these STANDARDS AND SPECIFICATIONS. Street design criteria for various street types are listed in Table 500-3, Section 525.00 Vertical Alignment, and the Standard Details. The requirements of the Town's Municipal Code and Comprehensive Master Plan will be met. Throughout this Section reference to a "Qualified Soils Engineer" shall mean a soils engineer who is a Registered Professional Engineer licensed to practice in Colorado. 521.00 Geometric Cross Sections, Intersections and Street Layout Street cross sectional elements will conform to the Town of Firestone Master Plan. Generally, local residential cross sections will be used in areas where average daily traffic (ADT) is not likely to exceed one thousand (1,500) vehicles per day. Collector and arterial streets will be constructed whenever the alignment of the proposed street is generally the same as the collector and arterial streets shown on the Comprehensive Master Plan, and whenever a traffic engineering analysis of the future traffic volumes indicates the need of a cross section greater than that of a local service street. Additional right of way may be required to satisfy other criteria contained in these STANDARDS AND SPECIFICATIONS. Areas outside the Right of Way will be graded, compacted, and sloped, as required for proper drainage, soil stability, and maintenance accessibility. Cuts and fills proposed on slopes greater than four horizontal to vertical (4:1) will require supporting calculations done by a qualified soils engineer based on a soils analysis: . 521.01 Alleys All alleys, when permitted by the Town Engineer, shall be paved to a full width and shall provide paved access to a paved street at both ends. Minimum right-of-way widths are 16' without utilities and 30' with utilities. Pavement minimum width is 12'. Dead end alleys shall be 150' maximum length and alleys greater than 600' in length shall have a secondary access to a residential street. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-5 ROADWAY & ASPHALT DESIGN 521.02 Emergency Access FIRESTONE SECTION 500 Emergency access roads shall have a minimum of right-of-way width of 20' and a minimum roadway width of 18'. 521.03 Intersection Design Guide The purpose of this document is to identify the mandatory requirements and to provide guidelines for choice where alternatives exist. The guidelines represent a combination of material from authoritative references and research reports combined with the consensus of a broad based Technical Advisory Committee of transportation professionals. 521.03.01 Requirements and Objectives The guidelines presented in this document are based on the premise that the design of an intersection must conform in all respects to the provisions of the Colorado Statutes and rules, plus all authoritative references that have been adopted as standards by Colorado Department of Transportation (CDOT). In addition, the design should be such that it provides: • Safe and convenient operation for all road users, including cyclists and pedestrians; • Proper accessibility for pedestrians with special needs; • Adequate capacity for peak -hour demand on all movements; • Adequate maneuvering space for design vehicles; • Resolution of conflicts between competing movements; • Reasonable delineation of vehicle paths; • Adequate visibility of conflicting traffic; • Storage for normal queuing of vehicles; • Appropriate access management application; • Minimum delay and disutility to all road users; • Proper drainage of storm water; • Accommodation for all utilities, both above and below the ground; • Necessary regulatory, warning and informational messages for all road users; • Suitable advance warning of all hazards; • Uniformity of treatment with similar locations; 521.03.02 Intersection Geometric Design Guide General Design Analysis Geometric design involves the proportioning of the visible elements of highway facilities. It includes the design of horizontal alignment, vertical alignment, and cross section elements such as shoulder, median, curb, barrier, sidewalk, etc. These elements provide the framework for the design of other highway elements including traffic control devices, roadway lighting, pavement design, drainage, and structural design. Although the design of an intersection may be influenced by constraints unique to its particular . location or situation, it conforms generally to the following design principles: STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-6 FIRESTONE ROADWAY & ASPHALT DESIGN c o, ;�. o; R n. ,n o SECTION 500 • The design of intersections along a given street or highway should be as consistent as possible. • The layout of the intersection should be as simple as is practical. • The design of all intersection elements should be consistent with the approach design speeds. • The approach roadways should be free from steep grades or sharp horizontal or vertical curves. • Intersections should be as close to right angle as practical. • Sight distance should be sufficient for crossing and turning maneuvers. • The intersection layout should encourage smooth flow and discourage wrong way movements. + Auxiliary turn lanes should be provided on high-speed and/or high -volume facilities. • Acceleration lanes are desirable for entrance maneuvers onto high-speed facilities. • Design must give special attention to the provision of safe roadside clear zones and horizontal clearance. • The intersection arrangement should not require sudden and/or complex decisions. • The layout of an intersection should be clear and understandable. • Special consideration should be given to requirements for accommodating bicycle and pedestrian movements. 521.03.03 Functional Classification Functional classification is the assignment of roads into systems according to the character of service they provide in relation to the total road network. The three main categories of roads are arterials, collectors and locals. All roads on section lines shall be designed as arterial streets. Collector streets are defined as having projected traffic volumes of 1,500 vehicles per day or more. The design engineer shall consider existing and future traffic flows when designing streets and determining classification. 521.03.04 Intersection Control At -grade intersections on that are typically controlled by stop signs (i.e., stop controlled) or traffic signals (i.e., signalized). The type of intersection control has a direct effect on a number of geometric design features, including sight distance and storage length of auxiliary lanes. Area type is typically classified as urban or rural. Each of these area types has fundamentally different characteristics with regard to development and types of land use, density of street and highway network, nature of travel patterns and ways in which these elements are related. Consequently, the intersection design requirements for each of these areas vary. Design speed is a principal design control that regulates the selection of many of the project standards and criteria used to design a roadway project. It must be selected very early in the design process. The selection of an appropriate design speed must consider many factors. The AASHTO Green Book has a thorough discussion on design speed and these factors. 521.03.05 Intersection Vertical Alignment Grade Considerations The profile grade line defines the vertical alignment for roadway and bridge construction. As with other design elements, the characteristics of vertical alignment are influenced greatly by basic STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-7 • • FIRESTONE ROADWAY & ASPHALT DESIGN c .o, 1. Q.:R. A, a O' SECTION 500 controls related to design speed, traffic volumes, and functional classification, drainage, and terrain conditions. Within these basic controls, several general criteria must be considered, including minimum and maximum grades, vertical curvature, and maximum change in grade without vertical curves, vertical clearance, and design high water. As a rule, the alignment and grades are subject to greater constraints at or near intersections than on the open road. Their combination at or near the intersection should produce traffic lanes that are clearly visible to drivers at all times and clearly understandable for any desired direction of travel, free from sudden appearance of potential conflicts and consistent in design with the portions of the highway just traveled. Combinations of grade lines that make vehicle. control difficult should be avoided at intersections. Substantial grade changes should be avoided at intersections. Adequate sight distance should be provided along both intersecting roads and across their included corners, even -where one or both intersecting roads are on vertical curves. The gradients of intersecting roads should be as flat as practical on those sections that are to be used for storage of stopped vehicles. Most drivers are unable to judge the increase and decrease in stopping or accelerating distance that is necessary because of steep grades, grades listed in Section 500 Town Street Construction should be used on intersecting roads in the vicinity of the intersection. The profile grade lines and cross sections on the intersection legs should be adjusted for a distance back from the intersection proper to provide a. smooth junction and proper drainage. Normally, the grade line of the major road should be carried through the intersection and that of the minor road should be adjusted to it. This design involves a transition in the crown of the minor road to an inclined cross section at its junction with the major road, as demonstrated in the following figure. . STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-8 ROADWAY & ASPHALT DESIGN L rcmzs 521.03.06 Special Intersection Profiles f IRESTONE M SECTION 500 To ensure a safe, efficient, well drained, and smooth roadway system, the profiles of some roadway elements requiring special analysis must be provided. These elements include pavement edges or gutter flow line at street intersections, profile grade line, intersection plateau, curb returns and roadway sections requiring special super elevation details. The special profiles shall include details at close intervals and at a scale large enough to clearly identify all construction. details of these elements. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-9 • • 0 is ROADWAY & ASPHALT DESIGN 521.03.07 Intersection Plateau FIRESTONE SECTION 500 The profile of the major highway generally takes precedence over the minor cross street. This results in a hump for the cross street profile which is : particularly undesirable for signalized intersections where the cross street traffic may enter the intersections without stopping. In some instances the designer may determine that the cross street should receive the. same profile considerations as the major highway due to. similar traffic demands. To provide this "equal treatment", with respect to profile, a technique commonly known as intersection plateauing is applied. Plateauing refers to the transitioning of the roadway profiles and cross slopes at the approaches of an intersection. 521.03.08 Cross Slope The rate of change in pavement cross slope, when warping side streets at intersections, shall not exceed one (1) percent every twenty five (25) feet horizontally on local streetslroads, one (1) percent every thirty seven and one half (37.5) feet horizontally on collector streets/roads, or one (1) percent every fifty six and one half (56.5) feet horizontally on arterial streets/roads to ensure public travel safe transition. 521.03.09 Auxiliary Lanes .. Auxiliary lanes provide for the safe acceleration or deceleration of turning traffic on and off . roadways and help reduce the accident potential of turning vehicles. All auxiliary lane requirements are based on the Colorado Department of Transportation's (CDOT) State Highway Access Code and the Town's Street Design Criteria found in Table 500-3 at the end of Section 500. Background traffic from adjoining developments must be considered to anticipate future street system use. The developer shall be responsible for the cost of all additional auxiliary lanes needed to comply with the Town of Firestone access code. Right -turn Deceleration Lane Minimum Right -Turns to Require Deceleration Lane Deceleration Lane and v h Taper Length ft Taper Rate Principal Arterial (CDOT NR-A) 25 435 13.5:1 Minor Arterial (CDOT NR-13) .25 370 12:1 Collector (CDOT NR- 50 310 10:1 C STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-10 FIRESTONE ROADWAY & ASPHALT DESIGN c .o :L - 0, R. n D, .O Left -turn Deceleration lane SECTION 500 Minimum Left -Turns to Require Deceleration Lane Deceleration Lane Including Taper Length v h ft Taper Rate Principal Arterial 10 435 *Storage 13.5.1 (CDOT NR-A) Minor Arterial 10 Storage + Taper 12:1 (CDOT NR-B) Collector (CDOT NR- 25 Storage + Taper 10:1 C Storage Lengths Turning Vehicles Per Hour < 30 30-59 60-99 100- 199 200- 299 >300 Storage Length ft 25 40 50 100 200 300 Right -turn Acceleration Lane Minimum Right -Turns to Require Acceleration Lane Acceleration Lane including Taper Length (vph)ft Taper Rate Principal Arterial 50 550 13.5:1 (CDOT NR-A) Minor Arterial NIA -- -- (CDOT NR-B) Collector (CDOT NR- NIA -- -- C 521.04 Medians All medians shall be designed so that there is no interference with traffic flow. The nose of medians shall be a minimum of 10 feet behind the flowline of the intersected street. The minimum radius shall be 2 feet to flowline. Only spill curb & gutter should be used to construct all medians unless otherwise approved by the Town Engineer. 522.00 Half Streets Where half streets are allowed, sufficient additional right of way will be dedicated and.additional width will be constructed to allow sufficient paved width to accommodate two directions of traffic and emergency parking by offsetting the geometric cross section. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-11 C1 • 11 • ROADWAY & ASPHALT DESIGN 523.00 Structural Sections 523.01 Structural Sections for Streets 'FIRESTONE c� o; :�., o, �: a•, :n:.o; SECTION 500 Structural sections for streets shall be composite sections of base and asphalt. Structural sections for streets shall be designed by a qualified soils engineer based on the Equivalent (18 Kip) Daily Load Applications (EDLA) for a twenty (20) year service life and the subgrade support analysis. The soils analysis shall be performed in accordance with AASHTO standard methods of surveying and sampling Soils. The field investigation shall consist of boring subgrade soils to a depth of at least four feet below proposed subgrade elevation (nine (9) feet below proposed subgrade on arterial roadways), at spacing of not more than two hundred fifty (250) feet, or a minimum of one boring for each section of street. The Hveem Stabilometer design method will be used for arterial streets, and either the Hveem Stabilometer or the California Bearing Ratio (CBR) design method will be used for all other streets. The preliminary structural section will be a twenty (20) year design section with a temporary cross slope of 1.21/o - 1.6% from flow line to centerline as shown in the Standard Drawings. The following standards provide the minimum acceptable pavement sections for public roadways in the Town of Firestone. These pavement thicknesses may be used for preliminary planning purposes. Final pavement designs must be based on a geotechnical pavement design. EDLA1 , : ; 'Composite Section ' Base Asphalt Local Residential < 50 D.U. > 50 D.U. 8 10 8" 8" 4" 4" Collector 70' Right-of-way Width 30 8" 4" 80' Right-of-way Width 100 91, 6" Minor Arterial 200 9" 6" Principal Arterial 200 12" 8" Portland Cement concrete pavement designs may be allowed with Town Engineer approval of the design thickness. 624.00 Horizontal Alignment Streets shall generally be aligned to bear a reasonable relationship to topography. Horizontal curves will conform to the street design criteria listed in Table 500-3 and Section 525.00' Vertical Alignment. Minimum spacing between intersection centerlines will be as follows: Street T . e ". . S acin Local Residential 150, Collector 400' Arterial 1000, Where the minimum centerline radius, noted in Table 500-3 and Section 525.00 Vertical Alignment, . for through local residential streets cannot be achieved due to difficult parcel configurations and other STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-12 FIREgoo ROADWAY & ASPHALT DESIGN c: a ':r a. o_ o. SECTION 500 constraints, a lesser centerline radius with a bulb on the outside of the curve as shown in the Standard Drawings will be allowed. The minimum centerline radii noted in Table 500-3 and Section 525.00 Vertical Alignment are permitted only where sufficient sight distance to the intersection is provided to enable the driver entering the curve and approaching the intersection to perceive that a stop condition exists, warranting at least a voluntary 10 m.p.h. reduction in speed before entering the curve. Angles of intersection should, wherever possible, be maintained at ninety- (90) degrees. Horizontal and vertical alignment and right of way limits will be coordinated so as not to obstruct sight distance at intersections, in accordance with the Standard Drawings. Curb return radii will be as shown on Table 500-3 and Section 525.00 Vertical Alignment. Where two different street types connect, the larger curb return radius will apply. 525.00 Vertical Alignment Street centerline profile grades will be as shown on Table 500-3 and Section 525.00 Vertical Alignment. Where a street is curved and minimum profile grade is desired, the centerline grade will be adjusted so that the curb line grade on the outside of the radius will be no less than the minimum street grade specified on Table 500-3 and Section 525.00 Vertical Alignment. Safe stopping sight distances are illustrated in the Standard Drawings. Centerline profile grades will not exceed four percent (4%) for a distance of at least one hundred feet (100') either side of an intersecting centerline. Gutter flow line grades will be no less than eight -tenths percent (0.8%) along curb returns, in cul-de-sacs and bulb areas, and other areas where gutter flow line grades do not directly parallel centerline profile grades. 525.01 Roadway Functional Classification See Section 521.03.03 for definitions. 525.02 Vertical Curve Vertical curves to effect gradual changes between tangent grades may be any one of the crest or sag types. Vertical curves should be simple in application and should result in a design that is safe and comfortable in operation, pleasing in appearance, and adequate for drainage. The major control for safe operation on crest vertical curves is the provision of ample sight distances for the design speed selected. It is recommended that all vertical curves should be designed to provide at least the stopping sight distances shown in the approved tables within this document. 525.03 Crest Vertical Curves Minimum lengths of crest vertical curves based on sight distance criteria generally are satisfactory from the standpoint of safety, comfort, and appearance. Computations are based on 3.5 feet for height of eye in passing sight situations and 2 feet for height of object for stopping sight situations. The minimum lengths of vertical curves for different values of A (algebraic difference) to provide the minimum stopping sight distance for each design speed are listed below in the table. K values are based on the following formula V = K * A (V — Vertical Curve Length; K - rate of - vertical curvature; A — Algebraic Difference) and the designer should solve for K, to evaluate and compare to the table listed below. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-13 • • ROADWAY & ASPHALT DESIGN FIRESTONE a o SECTION 500 For example: A design speed of 25 mph requires a minimum K value of 15 and anything less than 15 would not satisfy the required 25 mph speed limit for safety and stopping sight distance based on AASHTO criteria. Design Controls for Stopping Sight Distance and for Crest Vertical Curves Design Speed (mph) Stopping Sight Distance.'(feet) Rafe of:Ve urvafure (K) 15 80 5 20 115 10 25 155 15 30 2Q0 a� 20 35 250 30 40 305 45. 45 360 65 WIYWW.WIMIWWWW 50 425 85 55 495 115 For minimum passing sight distances the lengths of crest vertical curves are substantially longer than those for stopping sight distances. Generally it is impractical to design crest vertical curves to provide for passing sight distance because of high cost. Passing sight distance on crest vertical curves may be practical on roads with unusual combinations of low design speeds and gentle grades or higher design speeds with very small algebraic differences in grades. The minimum lengths of vertical curves for different values of A (algebraic difference) to provide the minimum passing sight distance for each design speed are listed below in the table. Design Controls for Crest Vertical Curves Based on Passing Sight Distance Design Speedjmph) Stopping Sight Distance (feet) Rate of Vertical Curvature (K)' 20 710 180 YIWW...L.. 25 000, 296 30 1090 425 35 1'280 585 40 1470 775 45 1,625 94.5 50 [ 1835 1205 55 1985410 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-14' FIRESTONE SECTION 500 ROADWAY & ASPHALT DESIGN c o::�, o, .R n .n a 525.04 Sag Vertical Curves There are at least four different criteria for establishing lengths of sag vertical curves recognized to some extent. They are headlight sight distance, passenger comfort, drainage control, and general appearance. For overall safety a sag vertical curve should be long enough that the light beam distance is nearly the same as the stopping sight distance. Drainage affects design of vertical curves in a sag condition especially in a curbed roadway section. Given a length of curve that is relatively flat with a "K" value of 51 or greater can drastically change the actual low spot in relation to the sag curve PVI. The minimum lengths of vertical curves for different values of A (algebraic difference) to provide the minimum stopping sight distance for each design speed are listed below in the table. K values are based on the following formula V = K * A (V - Vertical Curve Length; K - rate of vertical curvature; A - Algebraic Difference) and the designer should solve for K, to evaluate and compare to the table listed below. For example: A design speed of 25 mph requires a minimum K value of 15 and anything less than 15 would not satisfy the required 25 mph speed limit for safety and stopping sight distance based on AASHTO criteria. Design Controls for Sag Vertical Curves Design Speed (mph) Stopping Sight'Di.Mance (feet) Rate of Vertical Curvature (K) 15 �710 10 20 115 20 25 155 30 301E 200,_ 40 �- 35 250 50 40 � � ° 305 .. �. 65 s 45 360 80 50 425' 100 . 55 .x R 495 115 The designer should further explore the narrative under "Combinations of Horizontal and Vertical Alignment" and "Other Elements Affecting Geometric Design" that is found within the AASHTO Green book starting on Page 283. 526.00 Cul-de-sacs Cul-de-sacs will conform to the Standard Drawings. Lengths of cul-de-sacs are recommended to be between one hundred forty feet (140') and seven hundred and fifty feet (750'). Cul-de-sacs STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-15 • • 9., ROADWAY & ASPHALT DESIGN FIRESTONE c Q I o.:x A 0 .0: SECTION 500 that are proposed outside this range must be fully justified, based on the following considerations and others that may arise in the course of review: A. Intersection vehicular traffic capacity B. Emergency vehicle response time C. Pedestrian trip time to bus routes D. Reduction of double travel distances for service and patrol vehicles E. Utility systems, drainage, and open space access Surface drainage shall be directed toward the intersecting street, or if this is not reasonably practical, a drainage structure and easement will be provided at the end of the cul-de-sac. Specially designed temporary cul-de-sacs may be allowed when approved by the Town Engineer. 527.00 Major Structures Major structures, such as retaining walls, box culverts and bridges, that are appurtenant to proposed street and/or parking lot construction, will conform to the structural design and loading requirements of the Colorado Department of Transportation Standard Specifications for Road Bridge Construction and the geometric and drainage requirements of the Town Engineer. Plans and supporting calculations for a qualified structural engineer who is a Registered Professional Engineer licensed to practice in Colorado must prepare major structures. 528.00 Design Element Coordination • Horizontal and vertical alignment continuity will be provided between new and existing streets to achieve safe and aesthetically pleasing transitions. Sufficient data on existing facilities will be depicted on plans, and limits of.construction will be designated so as to assure that the desired continuity will be achieved, Drainage and utility facilities are to comply with all applicable sections of these STANDARDS AND SPECIFICATIONS and are to be fully coordinated with the street design and proposed construction. These facilities will be staged to eliminate grade and alignment conflicts and unnecessary damage to existing or newly constructed facilities. 529.00 Requirements of Other Jurisdictions Where proposed street construction will affect other agencies such as the Colorado Department of Transportation, adjacent cities and counties, utility companies or ditch companies, said construction will be subject to the review of said agencies. A copy of the governing agencies review report shall be submitted to the Town .Engineer prior to Final Plat approval or the issuance of a permit. Generally, where more than one requirement is imposed, the more restrictive requirement will govern. The Town Engineer must authorize exceptions in writing. 530.00 SITE WORK AND EARTHWORK 531.00 General Refer to Section 330.00, Site Preparation Work, and Section 340.00, Earthwork, of these STANDARDS AND SPECIFICATIONS. STANDARDS AND SPECIFICATIONS 2020 WITioN PAGE 500-16 ROADWAY & ASPHALT DESIGN 0 FIRE;TOKE SECTION 500 All workmanship and materials will be in accordance with the requirements of these STANDARDS AND SPECIFICATIONS and in conformity with the lines, grades, quantities, and the typical cross section shown on the plans, or as directed by the Town Engineer. 532.00 Clearing Refer to Section 331.00, Clearing, of these STANDARDS AND SPECIFICATIONS. 533.00 Demolition and Removal of Structures Refer to Section 320.00, Demolition and Removal of Structures and Obstructions, of these STANDARDS AND SPECIFICATIONS. 533.01 Salvage All salvageable material shown on the accepted plans will be removed without unnecessary damage in sections or pieces, which may be readily transported and will be stored by the Contractor in locations approved by the Town Engineer. The Contractor will be required to replace any materials lost from improper storage methods or damaged by negligence. 533.02 Disposal Refer to Section 333.00, Disposal, of these STANDARDS AND SPECIFICATIONS. 533.03 Backfili Refer to Section 345.00, Embankment Fill, of these STANDARDS AND SPECIFICATIONS. 534.00 Protection of Existing Structures and Utilities Refer to Section 342.00, Protection of Existing Structures and Utilities, of these STANDARDS AND SPECIFICATIONS. 535.00 Protection of Public and Private. Installations Refer to Section 141.00, Protection of Public and Utility Interests, of these STANDARDS AND SPECIFICATIONS. The Contractor will take proper precautions at all times for the protection of and replacement or restoration of driveway culverts, street intersection culverts or aprons, storm drains or inlets, fences, irrigation ditches, crossings and diversion boxes, mail boxes, shrubbery, flowers, ornamental trees, driveway approaches, and all other public and private installations that may be encountered during construction. The Contractor will have the responsibility of providing each property with access to and from the property during the time of construction. Existing driveways will be cut, filled, and graded as required and as directed by the Town Engineer to provide permanent access. Existing driveways will be resurfaced with the presently existing type of surfacing whenever the existing surface is destroyed. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-17 ROADWAY & ASPHALT DESIGN 0 536.00 . Excavation and Embankment 0 FIRESTONE SECTION 500 Refer to Section 340.00, Earthwork, of these STANDARDS AND SPECIFICATIONS. 537.00 Borrow Refer to Section 348.00, Borrow, of these STANDARDS AND SPECIFICATIONS. 538.00 Subgrade The bottom of the excavation for the pavement, or top of the fill, will be known as the pavement subgrade and will conform to the lines, grades, and cross sections shown on the accepted plans. All applicable portions of Section 345.02, Roadway Excavation, Backfill and Compaction, of these STANDARDS AND SPECIFICATIONS, shall apply. Prior to the street being excavated, all service cuts will be checked to confirm the backfill meets density requirements. If deficient, they will be re -compacted and brought up to specified density. After excavation and embankment is completed and the subgrade brought to final grade, it will be rolled with a rubber -tired roller which is a minimum size of eight (8) to twelve (12) tons and other compaction equipment as required to bring the subgrade to the required density and stability. The following standards will be in effect: Soils meeting AASHTO M-145 Soil Classifications of A-1, A- 2-4, A-2-5, and A-3 will be compacted to a minimum of one -hundred (100) percent of maximum dry density as determined by AASHTO T-99. All other soil classifications will be compacted to a minimum of ninety-five percent (95%) of maximum dry density as determined by AASHTO T-99. The moisture content will be maintained within +1- two percent (2%) of optimum moisture for A-1 through A-5 mtaerials and optimum to two percent (2%) above for A-6 and A-7-6 materials during compaction. Additional wetting may be required when the minimum water requirement is not sufficient to produce a stable condition in the subgrade soil. The maximum length of any road section being worked at any one time shall not exceed three hundred feet (300') without the approval of the Town Engineer. No paving, subgrade, or base will be placed on soft, spongy, frozen unstable subgrade, which is considered unsuitable by the Town Engineer. Proof rolling shall be completed in accordance with Section 344.00. Soft and yielding material and portions of the subgrade which show deflection will be scarified and re -rolled or will be removed and replaced with subgrade course material, then placed and compacted as specified herein. Subgrade will not be approved for base course construction until it is uniformly stable. 538.01 Subexcavation for Expansive Soils Soils with a Plasticity Index (P.I.) over ten (10) and less than thirty- (30) shall be sub excavated and recompacted per the soils reports and as approved by the Town Engineer. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-18 FIRESTONE ROADWAY & ASPHALT DESIGN c, o.' 1 o, A A', D.' O' 539.00 Subgrade Construction 539.01 Materials SECTION 500 Subgrade material will be composed of granular material consisting, essentially, of sand, gravel, rock, slag, disintegrated granite or a combination of such materials. The coarse portions of the material will be sound fragments of the crushed or uncrushed materials enumerated above. Supplied material will be a well -graded mixture containing sufficient soil mortar, crushed dust, or other proper quality binding material which, when placed and compacted in the roadway structure, will result in a firm, stable foundation. Material composed of uniform size particles, or which contains pockets of excessively fine or excessively coarse material, will not be acceptable for use. This material need not be crushed but will be graded within the following limits: Standard -Size of Sieve % By Weight Passing Sieve 2-112 inch 100 2 inch 95 -100 No. 4 30 - 60 No. 200 5 - 15 Liquid Limit 35 Maximum Plastid Index 6 Maximum 539.02 Construction The construction of subgrade will consist of preparing the approved subgrade material to form a stable foundation on which to construct base course, in conformity with the lines, grades and typical cross sections shown on the.plans, and as staked by the developer's engineer. In addition, subgrade material will be used to replace unsuitable foundation materials at locations shown on the plans, or as directed by the Town Engineer. Each layer of material will be placed and spread so that after compaction it will conform to the width and crown of the typical cross sections. The wetting of subgrade layers will be done with sprinkling equipment of a type, which insures uniform and controlled distribution of the water. All wetting will'be done by uniformly sprinkling each layer of material being placed with only that amount of water needed to obtain maximum density of the material. Travel may be allowed over subgrade to assist in compaction of the material. Mixing and blading of the subgrade material on the street will be required if the material is spotty and non -uniform. However, blading will be held to a minimum in order to avoid the floating of the heavier rock particles to the surface. Concurrently with the wetting operations, the material will be uniformly compacted by rolling. Rolling equipment will consist of one or more of the following: rubber tired roller, sheep foot roller and flat wheel steel roller. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-19 ROADWAY & ASPHALT DESIGN FIRESTONE SECTION 500 539.03 Underdrain Landscape medians and landscaping next to curb and gutter shall be provided with underdrain to handle sprinkler runoff and nuisance flows. All roads with detached sidewalk and landscaped tree lawns will require curb underdrains. See Standard Details ST 17 and ST 18. 640.00 BITUMINOUS CONSTRUCTION 541.00 General The intent of this section is to specify materials and methods to be used for the construction, overlaying, seal coating and pavement rejuvenating of streets, parking lots, walks, drain ways, and other miscellaneous work requiring the use of aggregates. The work covered will include general requirements that are applicable to aggregate base course, bituminous base and pavements of the plant mix type, bituminous prime coat, bituminous tack coat, rejuvenating applications, and asphalt concrete overlay. All workmanship and material will be in accordance with requirements of these STANDARDS AND SPECIFICATIONS and in conformity with the lines, grades, depths, quantity requirements, and the typical cross section shown on the plans or as directed by the Town Engineer. 642.00 Base Course This item shall consist of a foundation course composed of crushed recycled concrete and filler, constructed on the prepared subgrade. Crushed gravel or crushed stone may be used with approval of the Town Engineer. Materials and construction will be in accordance with the requirements of Section 703.03, Table 703-2, of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. Gradation will be Class 5 (1-112" maximum) or Class 6 (314" maximum). The base course material shall be placed on the previously prepared subgrade at the locations and in the proper quantities to conform to the typical cross sections as shown on the accepted plans and as directed by the Town Engineer. Base course shall be placed under curb, gutter, and attached sidewalk. Placing and spreading will be done by means of a spreader machine, moving vehicle, motor grader, or by other approved equipment methods. The material will be placed without segregation. Any segregated areas will be removed and replaced with uniformly graded material at the Contractor's expense. The base material may be placed in lifts of up to six inches (6"), providing that after compaction, uniform density is obtained throughout the entire depth of the lift. If the required depth exceeds six inches (6"), it will be placed in two or more lifts of approximate equal thickness. If uniform density cannot be obtained by six-inch (6") lifts, the maximum lift will not exceed four inches (4") in final thickness. Base material shall not be placed on a foundation that is soft or spongy or one that is covered by ice or snow. Base material will not be placed on a dry or dusty foundation where the existing condition would cause rapid dissipation of moisture from the base material and hinder or preclude its proper compaction. Such dry foundations will have water applied to them and will be reworked or recompacted. r Rolling will be continuous until the base material has been compacted thoroughly in accordance with Section 304 of the Colorado Department of Transportation Standard Specifications for Road STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-20 ROADWAY & DESIGN FIRESTONE.ASPHALT0 SECTION 500 and Bridge Construction. Water will be uniformly applied as needed during compaction to obtain optimum moisture content and to aid in consolidation. The surface of each layer shall be maintained during the compaction operations in such a manner that a uniform texture is produced and the aggregates are firmly placed. The finished base course surface shall be smooth and free of ruts and irregularities, and will be true to grade and crown as shown on the plans or as directed by the Town Engineer. The base course will be maintained in this condition by watering, drying, rolling, or blading or as the Town Engineer may direct until the surfacing is placed. 543.00 Prime Coat (Left Blank Intentionally) 544.00 Hot Bituminous Pavement All pavements shall be hot bituminous pavement of the plant mix type unless otherwise approved in writing by the Town Engineer..Materials and construction will be in accordance with Section 403 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, and the following requirements: A. The asphalt cement shall be a Superpave Performance graded (PG) binder and content determined by the mix design. Superpave PG asphalt binders shall comply with CDOT Standard Specifications for Road and Bridge Construction. The asphalt contractor shall furnish certified test results from an independent asphalt testing laboratory to show compliance of the proposed Superpave PG asphalt binder with the Superpave requirements for that mix. B. The gradation of the mineral aggregate will be grading SG (1 112" nominal), or S (314" nominal) for new street construction. Grading SX (112" nominal) shall be used for top lifts and overlays or in special cases as required on the accepted plans or authorized in writing by the Town Engineer. C. All mixes shall be designed with 1% lime. D. A maximum of twenty percent (20%) Reclaimed Asphalt Pavement (RAP) will be allowed in (non -polymer or non -rubberized) mixes, provided that all the requirements for hot bituminous pavement are met. E. The mix will conform to the job mix formula specified by the Town Engineer for the pit -supplied materials, if a current job mix formula is available. A copy of the mix formula will be submitted to the Town Engineer for review and approval at least seven (7) days prior to starting paving work. All testing done throughout this construction period, which is necessary to assure conformance of materials and workmanship to the specifications, will be at the Contractor's expense. Two copies of all test reports will be submitted directly to the Town Engineer. In the event that a current job mix formula is not available for the materials proposed for use, the Contractor will submit a job mix formula prepared by a recognized testing laboratory for review and acceptance by the Town Engineer. A report giving the properties of the materials and certifying their conformance to or deviations from the requirements of the specifications will accompany the job mix formula: • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-21 • I� ROADWAY & ASPHALT DESIGN FIRESTONE n O. SECTION 500 When tested in accordance'with the requirements of ASTM D-1559, the mixture will conform to the following limits: TABLE 600-1 MIX DESIGN PROPERTIES Low EDLA _< 40 Marshall Stability minimum ' 1800 Ib.1 S 37 Marshall Flow minimum hundredths of an inch 8 Flow maximum hundredths of an inch 18 Air voids, total mix, % 3 to 5 VMA3 12-13-14 Percent voids filled with bitumen 65-75 High EDLA >_ 40. Marshall Stability minimum 2 2000 lb./ S 39 Marshall Flow minimum hundredths of an inch 8 Marshall Flow maximum hundredths of an inch 16 Air voids, total mix, % 3 to 5 VMA' 12-13-14 Percent voids filled with bitumen 65-75 - Marshall Stability (50 Blow)IHveem Stability 2 - Marshall Stability (75 Blow)IHveem Stability' - Refer to Table 500-2 TABLE 500-2 VOIDS IN THE MINERAL AGGREGATE' Nominal Maximum Mix Air Voids, Percent Particle Size 3.0 4.0, 5.0 314" 12.0 13.0 14.0 112" 13.0 14.0 15.0 1 - Interpolate minimum voids in the mineral aggregate (VMA) for design air void values between those listed. Determination of the effect of water on the cohesion of the bituminous mixture will be made in accordance with AASHTO T-283 (Lottman). Retained strength will be a minimum of eighty percent (80%). The use of an "anti -stripping" admixture to improve the retained strength characteristics will be permitted only by written permission of the Town Engineer. The cost of admixtures will be borne by the Contractor. All commercial testing and laboratory work necessary to establish the job mix formula and all testing necessary to assure conformance of materials and workmanship to the requirements of the specifications throughout the construction period will be performed at the Contractor's expense. Two copies of all test reports will be submitted directly to the Town Engineer. 544.01 Asphalt/Polymer Combinations The Contractor may submit to the Town Engineer for his review and acceptance a design for the upper three inches (Y) of the pavement section utilizing a polymer modified pavement design. These STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-22 FIRESTONE SECTIONO� ROADWAY & ASPHALT DESIGN c- V 1, o; A W, D_ 0 designs will be reviewed on an individual project basis and must be accepted by the Town Engineer prior to construction. 544.02 Weather Limitations Bituminous plant mix shall be placed only on properly constructed and accepted layers that are free from water, snow, or ice. The bituminous mixtures shall be placed only when weather conditions permit the pavement to be properly placed and finished as determined by the Town Engineer. The bituminous mixtures shall be placed in accordance with Table 401-3, Placement Temperature Limitations, of the Colorado Department of Transportation Standards and Specifications for Road and Bridge Construction. Air temperature is taken in the shade. Surface is defined as the existing base on which the new pavement is to be placed. Under certain circumstances, the Town Engineer may waive minimum temperature requirements for placing prime coats and layers of bituminous mixtures below the top layer of the completed pavement. 645.00 Tack Coat When tack coat is specified on the accepted plans or required by the Town Engineer, all materials and construction shall be in accordance with the requirements of Section 407 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. Bituminous material will be SS-1 emulsion, diluted by mixing one (1) gallon of SS-1 emulsion with one gallon of clean water, applied at the rate of five one -hundredths (0.05) to fifteen one -hundredths (0.15) gallons per square yard. 0 546.00 Seat Coat When seal coat is required, all materials and construction shall be in accordance with the requirements of Section 409 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. The type of bituminous material, cover aggregate, and rates of application will be as shown on the accepted plans. 547.00 Rejuvenating Agent When a rejuvenating agent is specified on the accepted plans or required by the Town Engineer, all materials and construction will be in accordance with the requirements of Section 407 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. 648.00 Heating and Scarifying When heating and scarifying treatment is specified on the accepted plans or required by the Town Engineer, all materials and construction shall be in accordance with requirements of Section 405 of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-23 ROADWAY & ASPHALT DESIGN 0 549.00 Grinding FIRES ONE SECTION 500 Grinding will consist of "milling", "grinding", or "cold planning" the existing pavement surface to establish a new surface profile and cross section in preparation for a bituminous overlay. After grinding, the surface will have a grooved or ridged finish, uniform and resistant to raveling or traffic displacement. This textured surface will have grooves of one -quarter inch (1 /4") ± one -eighth inch (1/8"). The existing surface to be ground will include bituminous pavement, concrete utility patches,. and a very small amount of concrete pavement. "Wedge cut" grinding will consist of grinding the existing pavement surface a minimum of six feet (6) wide at the existing concrete gutter. The edge of the gutter, end of the finished wedge cut will be one and one-half (1-1/2) inches below the edge of the existing concrete gutter. The.centerline of street edge of the wedge cut will be cut one -eighth inch (1/8"). The depth of cut will be determined by measuring to the top of the ridges by placing a five-foot (5) straight edge perpendicular to the grooving pattern. "Full width" grinding will consist of grinding the existing pavement surface from edge of gutter to a minimum depth of two inches (2") unless otherwise specified in the contract or directed by the Town Engineer. Grinding around utility castings to the depth of cut before and after encountering the castings will be included in the area of the pavement surface ground. The Contractor may choose to remove the entire existing bituminous pavement around the castings where grinding is not completed, and replace it with bituminous surface course placed and compacted in three inch (3") lifts. The Contractor will vertically cut the limits of the area to be patched, mechanically compact the existing base course, and prime the bottom and vertical edges before backfilling. The Contractor will remove the cuttings immediately behind the grind machine by belt loader, end loader, power sweeper and/or by hand. The removed material will be disposed of as approved by the Town Engineer. The grinding machine shall be a power operated, self-propelled machine, having a cutting drum with lacing patterns that will attain a grooved surface and produce grinding chips of less than one inch (1") in size. The grinding machine will be equipped with a pressurized watering system for dust control. The equipment will be a type that has successfully performed similar work. The cleaning equipment shall be a type, which will efficiently remove all loosened material and load into trucks for hauling and spreading. Because of the nature of the streets to be ground and the traffic restrictions, a belt loader followed by a power sweeper and manual sweeper is the most desirable method. FLUSHING INTO THE TOWN'S STORM SEWER SYSTEM AS A MEANS OF CLEANUP IS PROHIBITED. 550.00 CONCRETE PAVEMENT The installation of concrete pavement, including materials, equipment, foundation and construction methods must be in conformance with Section 412, "Portland Cement, Concrete Pavement" of the Colorado Department of Transportation Highways Standard Specifications for Road and Bridge Construction, except as modified herein or as modified with the approval of the Town Engineer. Specifications for concrete work, Section 400, Concrete Work, of these STANDARDS AND SPECIFICATIONS, must be followed. Concrete pavements will be installed as shown on the accepted plans or as approved by the Town Engineer. When concrete pavement is constructed on STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-24 ROADWAY & ASPHALT DESIGN FIRESTONE SECTION 500 o U. R A O a curve, flexible forms will be used having a radius of two hundred feet (200) or less, unless otherwise directed by the Town Engineer. The Contractor will furnish steel pins to use in setting grades for concrete pavement. 550.01 Lime Treated Subgrade In those instances where deemed necessary by a qualified Soils Engineer and accepted by the Town Engineer, Portland Cement treated base may be.required. When required, this base shall comply with Section 307, Lime Treated Subgrade, of the Colorado Department of Transportation Standard Specifications for Roads and Bridge Construction. 660.00 APPURTENANT CONCRETE STRUCTURES 561.00 General: Curb, curb ramps, gutter, sidewalk, cross pan, and driveway construction will conform to all applicable provisions of these STANDARDS AND SPECIFICATIONS and the Standard Drawings. 562.00 Materials 562.01 Cement Concrete All cement concrete materials, reinforcing steel, and concrete work will conform to the requirements of Section 400, Concrete Work, of these STANDARDS AND SPECIFICATIONS. 562.02 Forms Forms may be wood or metal and will have a depth equal to or greater than the slab thickness. The face of curbs will be formed, unless otherwise permitted by the Town Engineer. Forms will have a cross section and strength and be secured so as to resist the pressure of the poured concrete without springing or settlement. The connection between sections will be performed by a method in which thejoint thus formed will be free from movement in any direction. Each section of form will be straight and free from warps or bends. The maximum deviation of the top surface will not exceed one -eighth inch (118") inside face not more than one-fourth inch (114") from a straight line in ten feet (10'). Approved flexible forms will be used for construction where the radius is one hundred fifty feet (150') or less. . 563.00 General Requirements 563.01 Curb and Gutter Section The section to be constructed will be as identified on the approved plans or as shown on the Standard Drawings. 563.02 Sidewalks Sidewalks will be six inches (6") thick where detached or attached, unless noted otherwise on the accepted plans, and shall be constructed to the dimensions shown on the accepted plans. All areas • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-26 FIRESTONE ROADWAY & ASPHALT DESIGN c: Q L;'o. AR A. ,o SECTION 500 of sidewalk that will be constructed in parks, open spaces or greenbelts as indicated on the accepted plans or required by the Town Engineer will be constructed with six inch (6") thick concrete. Six-inch (6") thick sidewalks shall be constructed to the dimensions shown on the accepted plans or as. required by the Town Engineer. 563.03 Crosspans and Curb Return Fillets Crosspans and curb return fillets will be constructed eight inches (8°) thick with #4 rebar (place at 18" centers, each way) or ten inches (10") without rebar in residential, commercial and industrial areas. Typical crosspan sections are shown in the Standard Drawing. Where unusual conditions prevail, additional reinforcing steel and special joints may be required by the Town Engineer. 563.04 Curb Cuts and Driveways Curb cuts in six-inch (6") vertical curbs will be provided at all driveway locations and at additional locations, as shown on the accepted plans for residential lots. Commercial lots shall be eight -inch (8"). Construction of curb cuts will be as shown in the Standard Drawings. Spacing will be as shown in the Standard Drawings. 563.05 Curb Ramps Curb ramps for the handicapped will be installed at locations designated by the Town Engineer. Curb ramps will be constructed as shown in the Standard Drawings. . 563.06 Sidewalk Chase Drains Where three or more lots drain to a shared lot line swale, a sidewalk chase drain will be installed to convey drainage through the sidewalk to the gutter. In areas with detached sidewalk and trees lawns, the chase will continue through the tree lawn and curb to the gutter. 564.00 Construction Requirements 564.01 Staking and Grade Control Control and construction stakes will be set by field parties under the supervision of a Registered Professional Engineer or a Registered Land Surveyor licensed to practice in Colorado who shall be paid by the Contractor. These field parties will be available to check field control and to provide assistance to the Contractor. The Contractor will keep a set of accepted plans on the job site at all times. It will be the responsibility of the Contractor to maintain the grade and alignment as shown on the accepted plans. The alignment and grade elevation of forms will be checked, and any necessary corrections will be made before placing the concrete. When any form has been disturbed or any subgrade there under has become unstable, the form will be reset and rechecked after the subgrade has been replaced or recompacted. 564.02 Excavation and Embankment STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-26 0— ROADWAY & ASPHALT DESIGN FIRESTONE SECTION 500 Excavation or fill will be made to the required grade, and the base on which the curbing section is to . be set will be compacted to a smooth, even surface. All material placed in fill and the top six inches (6") of the subgrade in cut sections will be compacted to at least ninety-five percent (95%) of maximum dry density as determined by ASTM D-698. Where spongy or unsuitable materials are encountered which will not provide a stable subgrade. The material will be removed and replaced with suitable material and compacted to the specified density. The subgrade will be compacted within the forms by a vibratory compactor or other approved method whenever any loose subgrade material is present. Immediately prior to placing the concrete, the subgrade will be tested for conformity to the specified cross section. Materials will be removed or added to bring all portions of the subgrade to the correct elevation. The subgrade will be thoroughly compacted and again tested for proper cross section. Concrete will not be placed on any portion of the subgrade that has not been inspected by the Town Engineer for correct elevation and proper compaction. The subgrade will also be cleared of any loose material that may have fallen on it. The subgrade will be in a moist condition to a depth of six inches (6") at the time the concrete is placed. It will be thoroughly wetted a sufficient amount of time in advance of the placing of the concrete to insure that there will be no puddles or pockets of mud when the concrete is placed. 564.03 Form Setting Forms that have become worn, bent, or broken will not be used. The Contractor will have set and graded a minimum length of three hundred feet (300') of forms prior to placing concrete. In cases where the length of one run is less than three hundred feet (300'), the Contractor will set and grade forms for the entire run. On curves with radii of one hundred fifty feet (150') or less, flexible forms, which can be readily formed to the desired radius, will be used. Face forms will be preformed to the proper radius. In any case, care will be exercised to insure the maintenance of the required cross section around the entire radius. The Contractor will provide an approved metal straight edge, ten feet (10') in length, to check the alignment of the forms prior to placing the concrete and also to check the concrete surface during the finishing operation. Forms, except for curb face, will remain in place at least twelve (12) hours after concrete has been placed against them, or for a longer period if so directed by the Town Engineer. Crowbars or other heavy tools will not be used against green concrete in removing the forms. Forms will be thoroughly cleaned before re -oiling and reuse. 564.04 Concrete Placement When placed in the forms the concrete will be properly graded with the forms and will at no time deviate more than one -quarter inch (114") from an accurate straight edge ten feet (10') in length. The concrete will be placed on damp but not wet or muddy subgrade. The operation of depositing and compacting the concrete will be conducted so that the concrete will be smooth and dense, free from honeycomb and free from pockets of segregated aggregate. Sections of segregation or honeycomb revealed by removal of the forms will be removed and replaced or otherwise repaired to the satisfaction of the Town Engineer. At the end of the day, or in case of an unavoidable interruption of more than thirty- (30) minutes, a transverse construction joint will be placed at the point of stopping work, provided that the section on which work has been suspended will not be less than five feet (5'). STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-27 ROADWAY 'FIRESTONE & ASPHALT DESIGN c o. i o:.e ,► n, .o. SECTION 500 . Sections less than five feet (5) in length will be removed. Concrete will not be placed when the weather is stormy, dusty, or otherwise inclement to the point that it precludes good workmanship. 564.05. Joints All joints will be constructed straight and plumb and will extend through the entire section from edge to back and to the depths specified herein. A. Expansion Joints: Expansion joint filler, which is one-half inch (112") thick, preformed, non -extruding bituminous -treated fiberboard conforming to AASHTO Specification M-213, will be used to form transverse expansion joints. Expansion joints will be constructed as directed by the Town Engineer. Expansion joints will be formed at the contact of the new construction with concrete driveways, intersecting sidewalks or other unyielding structures unless otherwise directed. B. Block Joints: The curb and gutter or curb walk will be divided into blocks not less than six feet (6) nor more than ten feet (10) long using metal templates not less than one - sixteenth inch (1116") nor more than one -quarter inch (114") thick. Templates will be a minimum of four inches (4") deep. The block length to be used will be approved by the Town Engineer prior to starting construction and will be maintained constant throughout the project. The templates will be designed to attach securely to the forms in such a manner as to prevent movement while the concrete is being placed and consolidated. Templates will be removed prior to the concrete taking its initial set. C. If curbing machine or other methods not requiring the use of templates is approved, dummy joints formed by a jointing tool or other acceptable means will be used. Dummy joints will extend into the concrete for at least one-third (113) of the depth (no is less than two inches [2"]) and will be approximately one -eighth inch (1I8") wide. D. Construction Joints: As required at the end of a day's run, construction joints will be made at right angles to the longitudinal axis of the curb and gutter and will be located at the regular spacing designated for block joints unless otherwise specifically permitted by the Town Engineer. In no case will any length of curb and gutter be less than five feet between (5) joints. Construction joints will be formed by use of a bulkhead or divider, which will be removed before continuing with the next run. The construction joints will be edged to form a recess for sealing compound similar to that for expansion joints. 564.06 Finishing Where applicable, finishing will be done with a metal screed designed to give proper shape to the section as detailed. Particular care will be used to finish the gutter flowline to a true, uniform grade. When using face forms, they will be left in place until the concrete has hardened sufficiently so that they can be removed without injury to the curb. The Contractor will use at all times, a ten -foot (10") straightedge for finishing curb and gutter sections. When irregularities are discovered, they will be corrected by adding or removing concrete. All disturbed places will be floated with a wooden or metal float, which is not less than three feet (3) long and not less than six inches (6") wide, and again straightened. No water or cement will be added to the surface of the concrete to aid in finishing. Before final finishing is complete and the concrete has taken its initial set, edges of the concrete and joints will be carefully finished with an edger having is a one -eighth inch (118") radius. Concrete will be finally finished with a wood float and lightly broomed STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-28 ROADWAY & ASPHALT DESIGN FIRESTONE SECTION 500 to a slightly roughened surface. On grades less than one percent (1 %), the Contractor will check for . depressions before final finish so that no water holes exist. Any water holes or "bird baths" larger than one square foot and deeper than three -eighths inch (3/8") will be cause for removal and replacement of the defective sections of concrete. 564.07 Marking Sidewalks shall have the name of the contractor and the year of -construction impressed therein, using block letters not less than one inch (1") high and three -eighths inch (3/8") deep. Impressions will be made in sidewalks at each end of each Town block, or at the end of construction if other than at the end of the block. 564.08 Curing Curing will be accomplished in accordance with Section 400, Concrete Work, of these STANDARDS AND SPECIFICATIONS. 564.09 Protection Against Vandalism It will be the responsibility of the Contractor to protect all concrete work against damage or vandalism. When required, a guard will be stationed over fresh work until the concrete is sufficiently set to prevent its being marked by plastic deformation of the exposed surface of the concrete. Expense of the guard will be borne by the Contractor. Concrete damaged in any way by vandals will be removed and replaced at the Contractor's expense. . 564.10 Cleanup Within forty-eight (48) hours after forms are removed, the area behind and in front of the sidewalk or curb will be cleaned, back -filled and graded to provide a smooth even surface. 564.11 Concrete Testing Routine testing will be accomplished in accordance with Section 400.00, Concrete Work, of these STANDARDS AND SPECIFICATIONS. In the case of questionable concrete materials or work, the Town Engineer may direct that core tests be made on all questionable concrete placement. The expense of the tests will be borne by the Contractor. If the concrete tested shows inadequate strength or other deficiencies, it will be removed and replaced by the Contractor at his expense. if any core shows a deficiency of thickness greater than one-half inch (112" ), exploratory cores will be taken in five-foot (5) increments, and all concrete deficient more than one-half inch (112") will be removed and replaced by the Contractor at his expense. 570.00 INSPECTION 671.00 General Refer to Section 154.00, Inspections, of these STANDARDS AND SPECIFICATIONS. • STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-29 ROADWAY &ASPHALT DESIGN FIRE;TONE c o: �, R n, ;u, o. SECTION 500 PI I I 1111 572.00 . .. Required Inspections Adequate inspections assure compliance to Town requirements and are the basis for the Town's recommendation that said streets are accepted for maintenance and for release of performance guarantees,. It is the responsibility of the Contractor to contact the Town Engineer a minimum, of one (1) working day in advance of the required inspections. Required inspections include: A. Culverts - trenching, grade, bedding, installation, backfill and compaction. Inspection to be requested when backfill is completed to one-half (112) the depth of the culvert. B. Concrete - finished excavation, grade, forming, reinforcing steel. C. Structures - concrete pour, surface finish, and test cylinders. Three inspections are required: (1) prior to placing steel; (2) prior to concrete pour; and (3) during and after final pour. D. Street - four inspections are required; (1) subgrade; (2) base course; (3) prime Wor tack, and (4) paving, all of which are required prior to proceeding with the next phase. Locations of required samples for testing will be designated by the Town Engineer. Non-destructive deflection testing, as specified in Section 514 of these STANDARDS AND SPECIFICATIONS, will be performed. E. Acceptance - a request for an inspection and Initial Acceptance for maintenance or release from performance guarantee must be made only after all preceding inspections have been passed. Acceptance procedures are outlined in Section 200, Acceptance Procedures, of these STANDARDS AND SPECIFICATIONS. 573.00 Required Testing . When required by the Town Engineer, a Professional Engineer will certify the quality of materials or construction. All testing will be by recognized methods as specified in these STANDARDS AND SPECIFICATIONS and will be at the Contractor's expense. • 574.00 Utility Installations Prior to the installation of street subgrade, base, paving and concrete materials, utility installations will be made, service lines stubbed to the right-of-way fine, and all trenches will be backfilled and properly compacted. 575.00 Street Lighting At the time of inspection, all street lights will be in place as shown on the approved plans and will be operating as set forth in Section 925.00, Street Lighting Procedure, of these STANDARDS AND SPECIFICATIONS, 580.00 STREET LANDSCAPING 581.00 Installation All installation of landscaping and irrigation in Town Right-of-way must be done in accordance with SECTION 1000 PARKS AND RECREATION of these STANDARD and SPECIFICATIONS. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-30 FIRESTONE ROADWAY & ASPHALT DESIGN c SECTION 500 582.00 Maintenance The maintenance of landscaping and irrigation located. in and/or over Town. right-of-way is the responsibility of the adjoining property owner with the exception of landscape medians on Town designated Arterial roadways which are the Town's responsibility. All landscaping shall be maintained in accordance with the follow requirements: A. Tree branch growth shall be maintained at a height no lower than ten (10) feet over a public sidewalk, walkway, or trail and no lower than fourteen (14) feet over the travel lanes of a street or alley. B. All woody plant growth lower than ten (10) feet shall not encroach upon the plane of a public road, sidewalk, walkway, or trail and must be trimmed back within the inside edge of all sidewalks, walkways, or trails. C. Tree branch growth shall be maintained so that branches do not interfere with the proper spread of light along the street from any street light. D. Trees and other woody plants growth shall be maintained not to come within three (3) feet of fire hydrants. E. Visibility triangle distances shall be maintained to protect visual clearances for motorists and pedestrians. No landscaping plant material shall be allowed within the visibility triangle that exceeds over thirty-six (36) inches higher than the street level in this triangle. Trees located within the visibility triangle must be trimmed at the trunk to at least eight (8) feet above the level of the ground surface, provided that such trees are spaced so that trunks do not obstruct the vision of motorists and pedestrians. 590.00 TRAFFIC CONTROL DEVICES 591.00 General The installation of traffic control devices and street lighting shall comply with all applicable portions, as from time to time amended, of the CDOT Standard Specifications for Road and Bridge Construction, the Manual on Uniform Traffic Control Devices (MUTCD) and the accepted plans. These STANDARDS AND SPECIFICATIONS and any other requirements determined by the Town Engineer shall apply to all materials supplied, methods and procedures of work. The Town Engineer must approve a traffic control device, sign layout plan, and a street lighting layout plan. 692.00 Signs 592.01 Street Name Signs Street name signs shall be bought by the Contractor or Developer and will be installed by the Contractor or Developer. Sufficient signs and posts shall be provided to allow installation on two (2) corners of each intersection in business district, on principal arterials and on one corner in the residential areas, as directed by the Town Engineer. All letters shall be Federal Highway Administration Series C2000. Please reference the Street Sign Detail of our Standards & Specifications. All street signs shall be aluminum 5052-H38 (Conversion coated) minimum thickness of .080. Retroreflective sheeting for letters and background shall be required in accordance with the MUTCD. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-31 • • • FIRESTONE ROADWAY & ASPHALT DESIGN c o. L. 0, .R..A. ;D. 0 SECTION 500 Unless directed otherwise by the Town Engineer, signs shall be installed on square.stock tubing at eighteen (18) inches behind the curbwalk or curb and gutter, whichever is closest to the street. Anchors shall be galvanized (G90) 12GA steel with seven -sixteenths (7116) inch diameter holes, one (1) inch on center, two -one fourth (2'/4).inch square and three (3) feet in length. During installation, the anchors may only be between a minimum of four (4) and maximum of six (6) inches above the ground. Posts shall be of galvanized (G90) 12GA steel with seven -sixteenths (7116) inch diameter holes, one (1) inch on center, two (2).inches square and to length to meet mounting requirements set forth in the M.U.T.C.D. All posts and signs shall be affixed using the appropriate size of bolts,. washer and nuts (NO RIVETS). 4" diameter PVC pipe sleeves shall be placed in concrete where sign posts are to be installed to accommodate sign post installation and replacement. 592.02 Illuminated Signs Internally illuminated street name signs shall be furnished and installed by the Contractor or Developer. Signs shall be installed on each traffic signal mast arm at each intersection. Sign lettering shall be in the ten (10) inch uppercase. Suffixes are to be five- (5) inch uppercase letters. Lettering for supplementary to indicate the type of street or section shall be at least four (4) inches where a two-line application is desired or three (3) inches where a three -line application is desired. 592.02.01 Borders Reserved, 592.02.02 Spacing Interline spacing shall be approximately one half (112) to three -fourths (314) the average of uppercase letter heights in adjacent lines of letters. The spacing to the top and bottom borders shall be equal. The lateral spacing to the vertical edges shall be essentially the same as the height of the largest letter. Spacing used in words, words and arrow, a letter and arrow, or a word and numeral in a line copy should be approximately one (1) to one and one half (1 1/2)times the uppercase letter height used in that line of copy. 592.02.03 Arrows Arrows shall be in accordance to the MUTCD standards as illustrated in the Standard Highway Sign Handbook. 592.02.04 Color Letters and numbers are to be white on a green background face. When a "Town Logo' is required, . the Town approved logo shall be used. 592.02.05 Si n Housing The street name sign shall be free swinging or limited swinging. Sign fixture and panels shall withstand 90 mph wind loading, with structural requirements meeting AASHTO "Standard Specifications for Structural Supports for Highway Signs, Luminars and Traffic Signals" latest edition. Illuminated street name housing shall be constructed of extruded aluminum. The design shall be STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-32 ROADWAY & ASPHALT DESIGN FIRESTONE SECTION 500. rigidly constructed to resist torsional twist and warp. All ferrous parts shall be galvanized or cadmium plated. The front and back sign panels of the cage shall be hinged, to provide access to the lamps. Neoprene gaskets shall be installed between the sign panels frame and fixture housing to prevent dust and water entrance. The latching devices can be either screw type or latch type to provide a secured attachment of the sign face to the case. Screened weep holes are to be provided on the housing bottom for drainage. The overall weight of the completed sign assembly, including mounting brackets, shall not exceed 90 pounds. 592.02.06 Illumination Source The entire surface of the sign panel shall be evenly illuminated. The illumination source shall be fluorescent lamps, powered for low temperature operation. There shall be separate ballast for each fluorescent lamp. Photoelectric controls are required and shall be the "hail resistant" type and of the load intended. The reflectors shall have a minimum reflectance of 85%. 592.02.07 Final Layout Final layout and lettering details are to be submitted to the Town prior to fabrication. 592.03 Stop Signs Stop signs shall be installed at all approaches to streets designated by the Town as through streets. Stop signs shall be mounted on the same support posts as street name signs where possible. 592.04 Other Signs Twenty-five (25) MPH speed limit signs shall be installed at all subdivision entrances. Speed limit signs, school signs, and crosswalk signs shall be installed at locations designated by the Town Engineer. 592.05 Private Street Signs All subdivisions with private streets shall install private street signs as shown in Standard Details - Streets at all entrances to the private streets. 593.00 Striping The Contractor shall submit a striping plan to the Town Engineer for acceptance prior to beginning work. The striping plan shall meet the requirements for such work as outlined in the MUTCD. Yellow centerline and lane line markings shall be applied to streets designated by the Town as through streets. All temporary striping and markings of roadways shall consist of paint pavement marking materials conforming to Section 713 of the CDOT Standard Specifications for Road and Bridge Construction and installed per Section 627 of the CDOT Standard Specifications for Road and Bridge Construction all striping and markings of roadways minus the top lift shall consist of paint pavement marking materials conforming to Section 713 of the CDOT Standard Specifications for Road and Bridge Construction and installed per Section 627 of the CDOT Standard Specifications for Road and Bridge Construction. All striping of the top -lifted roadways shall consist of epoxy pavement marking material conforming to Section 713 of the CDOT Standard Specifications for Road and STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-33 • is • FIRESTONE ROADWAY & ASPHALT DESIGN c 0. �.. a R n,. Dn" 0 SECTION 500 Bridge Construction and installed per Section 627 of the CDOT Standard Specifications for Road and Bridge Construction. All markings of the top -lifted roadways shall consist of preformed thermoplastic marking material conforming to Section 713 of the CDOT Standard Specifications for Road and Bridge Construction and installed per Section 627 of the CDOT Standard Specifications for Road and Bridge Construction. Standard twelve (12) inch wide stop bars shall be provided at all stop locations and intersections adjacent to schools, parks, commercial, and other areas as determined by the Town. Crosswalks will be marked with two (2) foot by eight (8) foot bars, and layout shall conform to CDOT M&S Standards, typical pavement markings, Standard Plan No. S-627-1. 594.00 Sign Supports All sign supports or posts shall conform to specifications for perforated square steel tubing and to Standard Specifications for Cold Rolled Carbon Steel Sheets, Commercial Quality, ASTM Designation A-366. The cross section will be square and consist of ten (10) gauge or twelve (12) gauge steel (0.135" U.S.S. Gauge or 0.105" U.S,S. Gauge) carefully rolled to size and continuously welded at the corner and will conform to CDOT M&S Standards, Mounting Data, Standard Plan No. S-614-3. Sign sizes not included in this data shall be: Total Si n Area Side Dimensions Less than 800 s . inches 2" x 2" 800 to 1000 s . inches 2" x 2" Over 1000 sq. inch CDOT S-614-3 • The finished members shall be straight and have a smooth, uniform finish. It will be possible to telescope consecutive sizes of tubes freely with a minimum amount of play. All holes and cut-off ends shall be free from burrs. Seven -sixteenth (7116) inch diameter holes shall be punched on one (1) inch centers on all sides of the tube. All posts shall be weather protected by galvanizing. Posts shall be formed from cold rolled steel strip that has been zinc coated and is commercial quality (1.25 oz.) conforming to ASTM Specification A-525. • 595.00 Street Lighting Procedure To A High Source The developer shall submit a written request for street light design to the electrical utility company (United Power) along with three sets of street and utility plans and one copy of the plat map. The electrical utility company shall submit the final design to the Town Engineer for review and approval. Developer shall pay the electrical utility company the total costs of installation for all street lighting within thirty (30) days of receipt of written notice. The developer shall coordinate the location of the mail boxes and the street lighting with the United States Postal Service to ensure adequate light is available at each mail box. Lighting shall conform to the requirements of the United Postal Service. All luminaries for street lighting must be LED and have written approval of the Director of Planning and Development prior to installation. The spacing and illumination which will be used is set forth in Table 900-1: STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-34 FIRESTONE ROADWAY & ASPHALT DESIGN c 0 IL: o::R: At R',o- SECTION 500 TABLE 600-1 Street Type Merage' • Foot Candles. Lamp - Lumens P©le Space Local Residential 0.15 9,500 300' ± Rural Residential 0.15 9,500 At. I ntersectio ns Collector 0.25 9,500 to 27,500 200' ± Arterial 0.50 27,500 150' ± * Poles shall be placed on alternating sides of the street. 595.01 Residential Street Lighting All intersections and cul-de-sac bulbs shall have a minimum of one light. If a segment of street between intersections is greater than 450 feet and less than 600 feet, a light shall be installed at the center of the segment. A light shall also be placed at all community mailboxes and trail crossings. Residential lighting shall be 25 feet in height unless otherwise approved by the Town. 595.02 Collector Street Lighting Collector lighting shall be 250 watt equivalent luminaries on metal or fiberglass poles 25 feet in height. The light fixture shall have a flat lens and the poles shall be dark in color unless otherwise approved by the Town. A minimum of two lights shall be placed on diagonal corners at all intersections and on all corners of a signalized locations. A light shall also be placed at all • community mailboxes and trail crossings. Collector lighting shall be 25 feet in height unless otherwise approved by the Town. 595.03 Arterial Street Lighting Arterial lighting shall be 250 watt equivalent luminaries on metal or fiberglass poles, 35 feet in height. The light fixture shall be 35 feet in height, have a flat lens, and on 10-foot long mast arms unless otherwise approved by the Town. The poles shall be dark in color unless otherwise approved by the Town. A minimum of two lights shall be placed on diagonal corners at all intersections and on all corners of signalized locations. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-35 n ROADWAY & ASPHALT DESIGN 0 FIRESTONE TABLE 500-3 STREET DESIGN CRITERIA SECTION 500 Design Element Principal Arterial Minor . Arterial Collector • Residential' Collector . Local Street Right-of-way Width 140' 120' 80' 70' 60' Flow Line Curb Radius - Arterial 50 50 30 30 25 Flow Line Curb Radius - Collector 30 30 25 25 20 Flow Line Curb Radius - Local 25 25 20 20 15 Design Speed 55 mph 50 mph 45 mph 30 mph 25 mph Typical Posted Speed Limit * 45 mph 40 mph 35 mph 25 mph 25 mph Maximum Degree of Curve (degrees) 6 7.4 12 32.7 32.7 Minimum Curve Radius (feet) 955 775 475 300 175 Cross Slope without Super Elevation Maximum 4% - Minimum 2% Super Elevation Maximum 4% required Reverse crown Normal crown Normal crown Normal crown Maximum Street Grade 5% 5% 6% 6% 6% Minimum Street Grade 0.4% Maximum Grade at Intersection 2% for 300' 3% for 300' 4% for 150' 4% for 150' 4% for 150' Min. Approach Tangent @ Intersections 300' 300' 200' 200' 100' Min. Tangent Between Vertical Cures 50' * Posted speeds limits may be changed from based on current engineering studies in accordance with the current State of Colorado Model Traffic Code. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 500-36 0 WATER SYSTEM SECTION f IRESTONE SECTION 600 WATER SYSTEM SECTION 600 PAGE 610.00 DESIGN CRITERIA....................................................... ........................................600-4 610.01 General............................................................................................................600-4 611.00 Design Flow Requirements............................................................................600-4 612.00 Operating Pressure Requirements ................................................................600-5 613.00 Fire Hydrant Spacing....................... ................................................................ 600-5 614.00 Fire Lines.........................................................................................................600-5 615.00 Distribution System Layout............................................................................600-5 616.00 Valve Spacing and Marking............................................................................600-5 617.00 Air Relief Valves..............................................................................................600-6 618.00 Temporary Blow -off Valves ........................................................................600-6 619.00 Pipe...................................................................................................................600-6 619.01 Hydraulic Design .......................... .................................................................. 600-6 619.02 Location (Typical) .......................... ................................................................. 600-6 619.03 Pipe Deflection...............................................................................................600-7 619.04 Minimum Depth..............................................................................................600-7 619.05 Service Connections......................................................................................600-7 620.00 GENERAL PROVISIONS.....................................................................................600-7 621.00 General.............................................................................................................600-7 622.00 Permits Required.............................................................................................600-7 623.00 Maintenance of Traffic...................................................................................600-7 624.00 Irrigation Rain Sensor.....................................................................................600-8 630.00 WATER MAIN CONSTRUCTION......................................................................600-8 631.00 Site Work and Earthwork................................................................................600-8 631.01 Trenching, Backfilling and Compacting..........................................................600-8 631.02 Preservation -of Monuments..................................................... .................... ..600-8 632.00 Materials .......................................... .................................................................. 600-8 632.01 General .................. .................................................. ..................... .......... ........ 600-8 632.02 Pipe .............................................. :.......... :...................................... ................ 600-8 632.03 Polyethylene Wrap for Ductile Iron Pipe ....................................... ... ................ 600-9 632.04 Fittings ........................................... .......................... ....................................... 600-9 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 1 • • • FIRESTONE WATER SYSTEM c o. L o; R A'.. n_ .o SECTION 600 632.05 Gate Valves ................................ ....................................................................600-9 632.06 Butterfly Valves .................... ............................................................. ............600-10 632.07 Pressure Reducing Valves...........................................................................600-10 632.08 Fire Hydrants................................................................................................600-11 632.09 Valve Boxes ............................. .................................. ....................... ............ 600-12 632.10 Air Relief Valves ............................................ ............................................... 600-12 632.11 Temporary Blow -off Assembly......................................................................600-13 632.12 Vaults..........................................................................................................600-13 632.13 (Left Blank Intentionally)...............................................................................600-13 632.14 (Left Blank Intentionally)...............................................................................600-13 632.15 Sump Pits for Vaults and Manholes.............................................................600-13 632.16 Vent Pipes....................................................................................................600-13 632.17 Corrosion Protection Systems............................................................ .......... 600-14 632.18 Tracer Wire and Warning Tape....................................................................600-14 632.19 Bedding Materials.........................................................................................600-14 632.20 Concrete ................................................. ...................................................... 600-14 632.21 Plastic Liner Pipe (slip lining) .................... ................................................... 600-14 632.22 Steel Casings for Bores... ...... ...................................................................... 600-15 633.00 Installation.....................................................................................................600-16 633.01 General.........................................................................................................600-15 633.02 Alignment and Grade......................................................... .......................... 600-15 633.03 Protection of Existing Underground Utilities.................................................600-15 633.04 Interruption of Services ............................................... ................................. 600-15 633.05 633.06 Pipe Installation............................................................................................600-15 Thrust Blocking, Restrained Joints and Fittings...........................................600-17 633.07 Setting Valves and Hydrants........................................................................600-17 633.08 Plastic Liner Pipe (Slip lining).......................................................................600-18 633.09 Steel Casing and Carrier Pipe Installation ............. ................... .................... 600-18 633.10 Test Stations ........... ................................................................. .................... 600-18 633.11 Plugging of Dead Ends ............ ...................... ............................................... 600-18 633.12 Filling and Venting the Line..........................................................................600-18 633.13 Disinfection and Flushing of Mains and Fire Lines.......................................600-18 633.14 Leakage........................................................................................................600-19 633.15 (Left Blank Intentionally)...............................................................................600-19 633.16 Inspections .............. ....................... ....... ........................ ............... .......:......... 600-19 634.00 NON -POTABLE WATER SYSTEM................................................................600-19 634.01 General ............... .......................................................................................... 600-19 634.02 Design/Sizing...............................................................................................600-20 634.03 Non -Potable Water Main Materials...............................................................600-20 634.04 Valve Boxes: ................................................................................................ 600-20 634.05 Warning Notification on Lines and Tape .............. ......................................... 600-20 634.06 Non -Potable Water Main Installation ............................................. ............... 600-20 640.00 WATER SERVICE LINE CONSTRUCTION.......................................................600-20 641.00 General........................................................................................................600-20 641.01 Excavation....................................................................................................600-20 642.00 Equipment and Materials ........................... .................................................... 600-21 STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 2 FIRESTONE SECTION 600 WATER SYSTEM c a L o, a A. ;1. A 642.01 General.........................................................................................................600-21 642.02 Service Lines ................................................................................................600-21 642.03 Service Saddles...........................................................................................600-21 642.04 Meters..........................................................................................................600-21 642.05 (Left Blank Intentionally)...............................................................................600-21 642.06 (Left Blank Intentionally) ............................................ ................................... 600-21 642.07 Outside Meter Settings.................................................................................600-21 642.08 Inside Meter Setting and Remote Readers ........................... ....................... 600-21 642.09 Meter Bypass Line ......................................... .................... ........................... 600-22 642.10 Meter Check Valves.....................................................................................600-22 642.11 (Left Blank Intentionally)...............................................................................600-22 642.12 Meter Yokes (Copper Setters) ............................................... ....................... 600-22 642.13 Residential Meters ........ ................................................................................ 600-22 642.14 Residential Meter Pits and Covers...............................................................600-22 642.15 Corporation Stops ............................ ............................................................ 600-22 642.16 Curb Stops .... ............................................................................................... 600-23 642.17 Curb Stop Service Boxes.............................................................................600-23 643.00 Tapping the Main...........................................................................................600-23 644.00 Inspection......................................................................................................600-23 646.00 NON -POTABLE WATER SERVICES.............................................................600-23 645.01 General ....................... ................................. ........................ ......................... 600-23 645.02 Non -Potable Water Service Line Materials ........................ ........................... 600-23 645.03 Warning Notification on Non -Potable Water Service Line and with Tape ....600-24 645.04 Meters and Meter Pits ............................ ................. ..................................... 600-24 645.05 Non -Potable Water Service Line Installation ... ............................................. 600-24 660.00 PUMPING FACILITIES ......................................... .............................................. 600-24 651.00 General.............................................................. ............................................. 600-24 652.00 Design Criteria.....................................................................................600-25 ...... .... 652.01 Pumps and Pump Station.............................................................................600-25 652.02 Controls and Supervisory Control and Data Acquisition (SCADA)...............600-25 652.03 Site Improvements.......................................................................................600-25 660.00 TRENCHING, BACKFILLING AND COMPACTING..........................................600-25 670.00 RESTORATION AND CLEANUP ............................................. ......................600-25 • • Cl STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 3 WATER SYSTEM FIRESTONE c o. L 0! R A, ,D. o. SECTION 600 SECTION 600 WATER SYSTEM 610.00 DESIGN CRITERIA 610.01 General All water distribution systems shall comply with the requirements of the STANDARDS AND SPECIFICATIONS for water main and service line construction and may include special criteria established by the Town for the overall hydraulics of the water utility system. Special criteria shall be outlined at pre -design meetings scheduled, as determined necessary, by the Town Engineer. The requirements set forth in the latest edition of the Denver Water Board Engineering Standards shall apply for information omitted in these STANDARDS AND SPECIFICATIONS. The developer and/or developer's engineer must consult with the Fire District to review any special conditions that exist of that need to be addressed in the design of the Town's water utility system. 610.02 Water Supply Potable water is supplied to the Town by the Central Weld County Water District (CWCWD) via the Town owned Cleveland Hill water tank (1/2 mile south of WCR 16 on WCR 17). The base of the tank is at an elevation of approximately 5100 MSL and is 40 feet tall. 611.00 Design Flow Requirements The design of the water distribution system shall be based on the following: UNIT WATER DEMANDS FOR FUTURE LAND USE Land Type, Avg. Demand Max. Da IAv . Day Max. Hr./Flow Ratio Residential 140 GPCD* 2.60 3.9 Commercial 1651 GPD/Acre 2.00 3.0 Industrial 1651 GPDIAcre 1.32 3.0 *Gallons Per Capita/Day Fire flows may be calculated from more than one hydrant, providing the hydrants used are directly accessible to all possible fire locations in the area served. Fire flows, per Frederick -Firestone Fire Protection District, shall be: A. Available fire flow must be 20 psi residual minimum. B. Minimum fire flow (2 hour duration) for any newly developed areas 1. 1 and 2 family units.......................................................1,000 gpm 2. Multi -family units............................................................1,500 gpm 3. Institutional development .................. :........................... 2,000 gpm 4. Commercial development.............................................2,500 gpm 5. Industrial development..................................................3,500 gpm Note: above fire flow requirements may be increased due to type of construction and size of 40 building, per direction of the Fire Marshall. STANDARDS AND SPECIFICATIONS 2020 EDITION PAGE 4 w RESOLUTION NO.20-38 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN ENGAGEMENT LETTER WITH BUTLER SNOW LLP., TO SERVE AS COUNSEL TO THE TOWN OF FIRESTONE REGARDING THE AMENDMENT AND RESTATING OF THE 2019 LEASE PURCHASE AGREEMENT WITH JP MORGAN CHASE BANK WHEREAS, the Town of Firestone C Town")is in need. of legal services for the amendment and restating of the 2019 Lease Purchase Agreement with JP Morgan Chase Bank, including the execution and delivery of any related certificates of participation or promissory note.; and WHEREAS, Butler Snow, LLP has the expertise, experience and resources to provide the Town the required services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Engagement Letter with Butler Snow, LLP, to provide legal services to the Town for the amendment and restating of the 2019 lease purchase agreement with JP Morgan Chase Bank is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Engagement Letter on behalf of the Town. INTRODUCED, READ AND ADOPTED this Sway of , 2020 TO v BED' q ATTEST. - V...�, ...... C�66' eV, ica Koenig, Town rlc AS 0 FORM• WilliaZV4ashi, Town Attorney TOWN OF FIRESTONE, COLORADO X6 W �k d, �(' M, ' Ii/bbi Sin ar, Mayor RESOLUTION NO.20-38 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN ENGAGEMENT LETTER WITH BUTLER SNOW LLP., TO SERVE AS COUNSEL TO THE TOWN OF FIRESTONE REGARDING THE AMENDMENT AND RESTATING OF THE 2019 LEASE PURCHASE AGREEMENT WITH JP MORGAN CHASE BANK WHEREAS, the Town of Firestone ("Town")is in need of legal services for the amendment and restating of the 2019 Lease Purchase Agreement with JP Morgan Chase Bank, including the execution and delivery of any related certificates of participation or promissory note.; and WHEREAS, Butler Snow, LLP has the expertise, experience and resources to provide the Town the required services. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Engagement Letter with Butler Snow, LLP, to provide legal services to the Town for the amendment and restating of the 2019 lease purchase agreement with JP Morgan Chase Bank is approved in substantially the same form as the copy attached hereto and made a part of this 10 resolution and the Mayor is authorized to execute the Engagement Letter on behalf of the Town. INTRODUCED, READ AND ADOPTED this2kay of JMAXtk , 2020 Town Attorney V WN OF FIRESTONE, COLORADO bi SinMar, Mayor BUT LERj SNOW MqrIC4 9,2.020 Town- of Firestone .151 Qani Avenue Firestone, Colorado 80520 -Attention: A.J. Krieger, Town Manager. Re: Town of Firestone Amended and Restated Lease Purchase Agreement with.JpMorgan Chase Bank Dear A.J.,: We are pleased to confirm our engagement as c6Uh§eI to -Town of Fiiestone {the "Town"). WeAppieciatdyoutdd-neideiiee;iriusafidwl6ltd6ijUrb6sttocontiniietoriaerit in establishing our attorney -client, lient, relationship, current practice standards didtate that we set forth in -writing (and in -some detail) the elements of our mutual understanding. While .some of the matters covered in this efig4gerfidnt letter will never 'be Mefant' of �bf concern between Us, -we hope y6ti will understand that As attorneys and d6uns6ibts it is our natural fiffictidii to lf�y to makecommunication clear and 'complete, and to anticipate, avid resolve questions ions . before 'they arise. We also believethat ihe performance of our services may require :your effort and. cooperation: -Consequently, the better we each understand our respective roles, responsibilities and c"ofitribiftions.. the more efficierit, effective and -,ecofioinkal our -work f6f you can be. Personnel This letter sets 'forth the role :We propose to. serve .and the responsibilities lities we propose to assume as 'bond counsel to "the Town in tonne.qti.b.n. with the amendment and restatement of a -2019 lease purchase agreement financing, including the execution and .. d6livery of any related certificates of participation or pforhi§soiy note (dollbctivdly, the, "Obligations,'). kirn Crawford will be principally responsible for the Work performed -by Butler Snow LLP on your behalf Wlipte.approp .. riate, certain :tasks 'may 'be performed by other attorneys or paralegals. At all times, however. Kim will coordinate,' revie_ and approve all work. completed -for the Town. Scope of Employment Bond Counsel is 696&d as a recognized g pized expert Whose primary ary responsibility is to r6riddr'an objective.legal opinion With respect to the authorization of securities like .the .Obligations. As your bond counsel, we will: examine applicable law; consult It with the parties 1801 Galonjia Shiet kimBr-RUY k.,tRAVVFORD 7'72ama2300 sr,1125100 720.330.2354 F720.330.2301 Dauer, C0'80202 -kiiii.erh%vcord@buticrsndiv.cuni rutvw.Guderntow.iom BUTLER Smow LLP • Town of Firestone March 9, 2020 Page 2 to the transaction prior to the execution of the Obligations; prepare customary authorizing and operative documents and closing certificates; review a certified transcript of proceedings; and undertake such additional duties as we deem necessary to render the opinion. Subject to the completion of proceedings to our satisfaction, we will render our opinion relating to the validity of the Obligations, the enforceability of the security for the Obligations, and the exclusion of the interest on the Obligations (subject to certain limitations which may be expressed in the opinion) from gross income for federal income tax purposes and for Colorado income tax purposes. We understand that the Obligations are to be privately placed with a bank so no offering document or official statement is being prepared and we are not undertaking any responsibility for disclosing information about the Town or its financial affairs to the purchaser of the Obligations. In delivering our opinion, we will rely upon the certified proceedings and other certifications of public officials and other persons furnished to us without undertaking to verify the same by independent investigation. Our opinion will be addressed to the Town and will be executed and delivered by us in written form on the date the Obligations are exchanged for their purchase price (the "Closing"). The opinion will be based on facts and, law existing as of their date. Our services are limited to those contracted for explicitly herein; the Town's execution of this letter constitutes an acknowledgment of those limitations. Specifically, but without implied limitation, our responsibilities do not include any representation by Butler Snow LLP in connection with any IRS audit, SEC enforcement action or any litigation involving the Town or the Obligations, or any other matter. Neither do we assume responsibility for the preparation of any collateral documents (e.g., environmental impact statements) which are to be filed with any state, federal or other regulatory agency. Nor do our services include financial advice (including financial advice about the structure of Obligations) or advice on the investment of funds related to the Obligations. Representation of the Town In performing our services, the Town will be our client and an attorney -client relationship will exist between us. We will represent the interests of the Town rather than the Board of Trustees or its individual members. We will work closely with the Town Attorney and will rely on the opinion of the Town Attorney with regard to specific matters, including pending litigation. We assume that other parties to the transaction will retain such counsel as they deem necessary and appropriate to represent their interests in this transaction. Conflicts of Interest Our firm sometimes represents, in other unrelated transactions, certain of the financial institutions that may be involved in this transaction, such as underwriters, credit enhancers, and banks. We do not believe that any of these representations will materially • Town of Firestone March 9, 2020 Page 3 limit or adversely affect our ability to represent the Town in connection with the Obligations, even though such representations may be characterized as adverse under the Colorado Rules of Professional Conduct (the "Rules"). In any event, during the term of our engagement hereunder, we will not accept a representation of any of these parties in any matter in which the Town is an adverse party. However, pursuant to the Rules, we do ask that you consent to our representation of such parties in transactions that do not directly or indirectly involve the Town. Your execution of this letter will signify the Town's prospective consent to such representations in matters unrelated to the Town while we are serving as bond counsel hereunder. Fee Arrangement Based upon: (i) our current understanding of the terms, structure, size and schedule of the financing, (ii) the duties we will undertake pursuant to this letter, (iii) the time we anticipate devoting to the financing, and (iv) the responsibilities we assume, we estimate that our fee for this engagement will be $30,000. Such fee may vary: (i) if the principal amount of the Obligations actually issued increases significantly, (ii) if material changes in the structure of the financing occur, or (iii) if unusual or unforeseen circumstances arise which . require a significant increase in our time or our responsibilities. If, at any time, we believe that circumstances require an adjustment of our original fee estimate, we will consult with you. Our fees are usually paid at Closing out of proceeds of the Obligations. We customarily do not submit any statement until the Closing, unless there is a substantial delay in completing the financing. We understand and agree that our fees will be paid at Closing out of proceeds. If the financing is not consummated, we understand and agree that we will not be paid. Termination of Engagement Our fees for this engagement contemplate compensation for usual and customary services as bond counsel as described above. Upon delivery of the opinion, our responsibilities as bond counsel will terminate with respect to this financing, and our representation of the Town and the attorney -client relationship created by this engagement letter will be concluded. Specifically, but without implied limitation, we do not undertake to provide continuing advice to the Town or to any other party to the transaction. Many post - issuance events may affect the Obligations, the tax-exempt status of interest on the Obligations, or liabilities of the parties to the transaction. Such subsequent events might include a change in the project to be financed with proceeds, a failure by one of the parties to comply with its contractual obligations (e.g., rebate requirements, continuing disclosure requirements), an IRS audit, an SEC enforcement action, or a change in federal or state law. Should the Town seek the advice of bond counsel on a post -closing matter or seek other, 0 E additional legAI 7§OiVices, Ofigagefficht 'at ihat time, bocfiment Adel.01-01 Tdwi! of FireWnd Match 9, -2020 Page 4 we would be happy w,disoas§ the nature and extent otobseparate -At or within, a. reasonable .period, After Closing, wewill -review the file to determine what materials should be retained as. a record of our representation and those that are no longer needed. We will -provide you with a copy of the .customary "transcript ,of do6umeht§ A& dosing hifd,wifl .return any original dotumdiftg obtained from you (if a copy ls'ftdt included in the ttahtaibf). Out d&umeni,yetenfioh. policy is attached hereto, If"the offie foregqin ierms-ofthisen engagement are acceptable toy9g, please so r 9 gage. indicate byreturning .. �copy ofthis 'letter signed by.:the o.fficersoauthorized; keep*ingacopy a for youf files. We appreciate this ' opportunity to serve as yo& bond 'counsel and l6bk f6fWaYd to a mutually kitisfhoory'andboriefic-i a I relationship. lqcc/jw Enclosure SUTLERSNOW11P ACCEPTED AND APPROVED: TOWN OF FIRESTONE • Town of Firestone March 9, 2020 Page 5 NOTICE TO CLIENTS OF BUTLER SNOW'S RECORD RETENTION & DESTRUCTION POLICY FOR CLIENT FILES Butler Snow maintains its client files electronically. Ordinarily, we do not keep separate paper files. We will scan documents you or others send to us related to your matter to our electronic file for that matter and will ordinarily retain only the electronic version while your matter is pending. Unless you instruct us otherwise, once such documents have been scanned to our electronic file, we will destroy all paper documents provided to us. If you send us original documents that need to be maintained as originals while the matter is pending, we ordinarily will scan those to our client file and return the originals to you for safekeeping. Alternatively, you may request that we maintain such originals while the matter is pending. If we agree to do that, we will make appropriate arrangements to maintain those original documents while the matter is pending. At all times, records and documents in our possession relating to your representation are subject to Butler Snow's Record Retention and Destruction Policy for Client Files. Compliance with this policy is necessary to fulfill the firm's legal and ethical duties and obligations, and to ensure that information and data relating to you and the legal services we provide are maintained in strict confidence at all times during and after the engagement. All client matter files are subject to these policies and procedures. At your request, at any time during the representation, you may access or receive copies of any records or documents in our possession relating to the legal services being provided to you, excluding certain firm business or accounting records. We reserve the right to retain originals or copies of any such records of documents as needed during the course of the representation, Unless you instruct us otherwise, once our work on this matter is completed, we will designate your file as a closed file on our system and will apply our document retention policy then in effect to the materials in your closed files. At that time, we ordinarily will return to you any original documents we have maintained in accordance with the preceding paragraph while the matter was pending. Otherwise, we will retain the closed file materials for our benefit and subject to our own policies and procedures concerning file retention and destruction. Accordingly, if you desire copies of any documents (including correspondence, e-mails, pleadings, contracts, agreements, etc.) related to this matter or generated while it was pending, you should request such copies at the time our work on this matter is completed. You will be notified and given the opportunity to identify and request copies of such items you would like to have sent to you or someone else designated by you. You will have 30 days from the date our notification is sent to you to advise us of any items you would like to receive. You will be billed for the expense of assimilating, copying and transmitting such records. We reserve the right to retain copies of any such items as we deem appropriate or C7 • • Town of Firestone March 9, 2020 Page 6 necessary for our use. Any non-public information, records or documents retained by Butler Snow and its employees will be kept confidential in accordance with applicable rules of professional responsibility. Any file records and documents or other items not requested within 30 days will become subject to the terms of Butler Snow's Record Retention and Destruction Policy for Client Files and will be subject to final disposition by Butler Snow at its sole discretion. Pursuant to the terms of Butler Snow's Record Retention and Destruction Policy for Client Files, all unnecessary or extraneous items, records or documents may be removed from the file and destroyed. The remainder of the file will be prepared for closing and placed in storage or archived. It will be retained for the period of time established by the policy for files related to this practice area, after which it will be completely destroyed, This includes all records and documents, regardless of format. While we will use our best efforts to maintain confidentiality and security over all file records and documents placed in storage or archived, to the extent allowed by applicable law, Butler Snow specifically disclaims any responsibility for claimed damages or liability arising from damage or destruction to such records and documents, whether caused by accident; natural disasters such as flood, fire, or wind damage; terrorist attacks; equipment failures; breaches of Butler Snow's network security; or the negligence of third -party providers engaged by our firm to store and retrieve records. 52059984A RESOLUTION NO.20-39 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ADOPTING THE TOWN OF FIRESTONE 2020-2050 WATER ACTION PLAN WHEREAS, the Board of Trustees (`Board") of the Town of Firestone ("Town") in recognition of the importance of water resources for the Town's growth and economic wellbeing sought to develop a long range water action plan;. and WHEREAS, to develop such a plan, the Town Board selected, based upon their skill and expertise, retained Leonard Rice Engineers, Inc., ("LRE"); and . WHEREAS, LRE has developed the "Town of Firestone 2020-2050 Water Action Plan," which addresses Uow the Town will meet its projected raw and treated water demands from current day to 2050; and a . WHEREAS, upon review, the Board finds that LRE's Plan addresses the Town's request and desires to adopt such as the Town's Water Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO. The Board of Trustees of the Town of Firestone adopts the "Town of Firestone 2020 Water Action Plan," in substantially the form as attached hereto and made a part of this Resolution. INTRODUCED, READ AND ADOPTED this 25' day of March, 2020. �IREgT T WN OF FIREST�3NE, COLORADO 10.N� a� Obi Si ar, Ma r �0G~ •.PQ ATTEST; d`�', coy-°� Vs Ica Koenig, Tow Cler A PRO S TO F William IV. IAyashi, Town Attorney 0- FIRESTONE C 0 L 0 It A D O TOWN OF FIRESTONE 2020--2050 Water Action Plan Prepared for: Town of Firestone Date March 10, 2020 Project Number 1527TWF02.20 CONNECTING WATER TO LIFE The technical material in this report was prepared by or under the supervision and direction of the undersigned, whose seal as a Professional Engineer is affixed below. The following members of the LRE Water staff contributed to the preparation of this report. Principal -in -Charge: Gregg S. Ten Eyck, P.E., Senior Project Engineer Reviewer: Brett Gracely, P.E., D.WRE. Water Resources Planning and Management Practice Leader 1221 Auraria Parkway Denver, CO 80204 Office: 303-455'9589 LREWATER.COM ROCKY M 0 Page ES-1 Executive Summary: 2020-2050 Water Action Plan. The 2020-2050 Water Action Plan addresses how the Town of Firestone ("Town" or "Firestone") will meet raw water and treated water demands over the next 10 to 30 years. Raw water supplies are needed to deliver water to: 1) Carter Lake for transfer to the Central Weld County Water District (Central Weld); 2) Firestone reservoirs or to the St. Vrain Creek as augmentation water to support delivery to the Town's non -potable irrigation system; and 3) Firestone reservoirs or to the St. Vrain Creek as augmentation water to support delivery to the St. Vrain Water Authority (SVWA). Raw water that is owned by the Town will be delivered to: 1) Central Weld for treatment and delivery to the Town's distribution system; or 2) SVWA for treatment and delivery to the Town's distribution system. Treated water demands addressed by this plan are for lands within the Town where the Town is the retail water provider. This area includes lands south of the St. Vrain Creek and east of 1-25. This area is currently supplied water that has been treated by Central Weld and delivered to master meters in Firestone. Firestone owns and operates its own distribution system in the portion of Firestone where the Town is the retail provider of treated water. In this document we will refer to this area as the "Firestone service area." Lands within the Town that lie west of 1-25 is served treated water by the Left Hand Water District ("LHWD") under a retail service agreement. Lands with.the Town that lie north of St. Vrain Creek are in the Barefoot Lakes development, which is served by a retail service agreement with Little Thompson Water District ("Little Thompson"). Providing water to current and proposed customers in those areas is not the responsibility of the Town, and this action plan does not address water needs for those areas. Therefore, discussions in this action plan related to growth and water needs are only for the part of Firestone that is served water under the wholesale agreement that Firestone has with Central Weld —the Firestone service area. Colorado -Big Thompson (°C-BT") and Windy Gap project water sources that are owned by Firestone are treated by Central Weld at the Carter Lake Filter Plant. That treated water is delivered by Central Weld to the Firestone service area through various master meters owned by the Town. The Town is a member of the St. Vrain Water Authority. The SVWA will accept raw water from the Town for treatment and subsequent delivery to the Firestone service area. The SVWA water treatment plant is in the design phase and is expected to be operational in 2022. Discussions about water supplies below are for those supplies that the Town can acquire and transfer to Carter Lake for subsequent delivery to Central Weld, or that can be delivered to the SVWA for treatment. Each of those sources will deliver water to the Firestone service area. The Town owns and operates its distribution system and all water service connections are metered and usage data is reported on a monthly basis. The data relied upon and referenced in this plan are from the Town's metered usage data. • Page ES-2 • Summary of Current Water Use and Water Dedication Req uirement S ry q Firestone currently delivers about 2,500 acre-feet of water each year to the Carter Lake Filter Plant. Prior to 2019 the supply was exclusively C-BT water; in 2020 the Town started delivery of Windy Gap water to the Carter Lake Filter Plant, The Town's raw water dedication requirements are codified in the municipal code. For a single family residence on a lot of 10,000 square feet or less, the raw water dedication requirement is 0.60 acre-feet. Summary of Projected New Water Demand Section-3 projects water demand based on projected land use and projected population growth, at year 2030 and year 2050. About 2,000 acre-feet of new supply will need to be added between now and 2030, and about 2,600 acre-feet of new supply will need to be added between 2030 and 2050. Summary of Total New Raw Water Demand (Acre-feet per Year) Time Period Additional Supply Required 2016--2030 1,960 2031--2050 2,622 2016--2050 4,582 Summary of Projected Population Growth Section 4 presents an estimate of the number of people expected to be added to the existing Firestone population by the year 2030 and the year 2050. The projections are for the population within the Firestone service area only. Summary of Population Projections YEAR Population Incremental Growth from 2016 2016 13,059 - 2030 21,481 .8,422 2050 32,750 19,691 Page ES-3 Summary of Estimated Costs and Cash and Financing Needs Section 7 details the estimated cost of the individual elements of the 2020-2050 Water Action Plan. The table below is a summary of the costs, listed by project type. Summary of Total Estimated Costs PROJECT TYPE ESTIMATED COST CASH or OTHER DEBT FINANCED Other Source Water $52,200,000 $10,000,000 $42,200,000 Alluvial Wells $15,553,000 $4,100,000 $11,453,000 Augmentation Infrastructure and Water Sources $49,090,000 $11,650,000 $37,440,000 Non -Potable Irrigation $9,764,000 $1,500,000 $8,264,000 Water Treatment $40,850,000 $0 $40,850,000 Pipelines and Tanks $16,169,000 $0 $16,169,000 Total Costs 2020-2050 $183,626,000 $27,250,000 $156,376,000 Summary of Costs by Phase Section 8 gives information on the projects required and the estimated cash and financing needs for the 2020-2024 (Phase 1a), 2025----2030 (Phase 1b), and 2031-2050 (Phase 2) time periods. Summary of Estimated Costs, by Phase PHASE ESTIMATED COST CASH or OTHER DEBT FINANCED. Phase 1a: 2020--2022 $69,066,000 $27,250,000 $41,816,000 Phase 1a: 2023-2024 $54,659,000 $0 $54,659,000 Phase 1b: 2025-2030 $24,531,000 $0 $24,531,000 Phase 2: 2031--2050 $35,370,000 $0 $35,370,000 Total Costs: 2020--2050 $183,626,000 1 $27,250,000 $156,376,000 Page ES-4 Summary of Single Family Equivalent Taps. Section 9 gives an estimate of the number of single family equivalent taps supported by the 1.5 MGD and 5 MGD water treatment plant and associated infrastructure. The equivalent of about 3,100 new taps can be supported between now and 2030, with an additional 4,150 new taps supported between 2030 and 2050. Summary of Estimated Single Family Equivalent Taps Equivalent Single Time Period Family Taps 2016--2030 3,108 2031--2050 4,159 2020-2050 Water Action Plan 0 TABLE OF CONTENTS Section 1: Water Use in the Town of Firestone.........................................................................................................1 1.1 Metered data explanation.............................................................................................................................1 1.1.1 Distribution system losses...................................................................................................................2 1.1.2 Central Weld Surcharge.......................................................................................................................2 1A.3 2012-2016 Total Water Use..............................................................................................................3 Section 2: Water Dedication Requirements and Water Supply Targets....................................................................3 Section 3: Water Demand Projections......................................................................................................................6 3.1 Future Water Demand Based on Land Use Projections...............................................................................9 3.2 Demand Based on Residential Zoning Lands............................................................................................11 3.3 Demand Based on Commercial Zoning Lands...........................................................................................12 3.4 Demand Based on Mixed Use Zoning Lands.............................................................................................12 3.5 Demand Based on Future Park Lands.......................................................................................................13 3.6 Summary ....................................................................................................................................................14 Section4: Population Projections...........................................................................................................................15 4.1 Population Supported by Land Use Projections.........................................................................................15 4.2 Total New Water Demand Based on Population Growth: 2030 and 2050..................................................15 4.2.1 New Water Demand for Year 2030....................................................................................................18 4.2.2 New Water Demand for 2050............................................................................................................19 4.3 Summary of New Water Demands, 2030 and 2050...................................................................................20 Section5: Current Water Supplies..........................................................................................................................21 5.1 Colorado -Big Thompson.............................................................................................................................21 5.2 Windy Gap ................................................................................................................21 5.3 Leased water..............................................................................................................................................21 5.4 Summary of Water Supply Available at Carter Lake...................................................................................22. 5.5 Native St. Vrain Creek Water ........ :..................... .................................... .............. ................................ ......22 5.5.1 Senior Water Rights...........................................................................................................................22 5.6 Summary of Current Native Water Supplies... .......................................................... ................................. 23 Section 6: Future Water Supplies and Facilities......................................................................................................24 6.1 Change of Water Rights and Plan for Augmentation ..................................... ............................................. 24 6.2 Raw Water Delivery 2020-2050 Water Action Plan 6.2.1 Wells and Wellfields........................................................:.................................................................24 6.2.2 Mountain Shadows Non -Potable Irrigation Well .............. _.............................. ................................. 25 6.2.3 NISP pipeline ............................. ......25 6.2.4 St. Vrain Creek Diversion ......................................... :.:...:................................................ :................... 25 6.3 Raw Water Storage...............................................................................................I....................................26 6.3.1 Firestone Reservoir No. 1.......... .................. :..................................................................................... 26 6.3.2 Firestone Reservoir No. 2 (Brooks Pit).................................................................... .........................26 6.3.3 Central Park Reservoir ... ...................... ................................................................................... I ...... ....26 6.3.4 Other potential storage ................................. ........................................ ....... ..................................... 26 .6.4 Potential New Water Supplies ................ _................................................................................................... 27 6.4.1 Native St. Vrain Creek Water ............................. ................................ ............... I ................ ..,,,,........... 27 6.4.2 Right of First Refusal........................................................................................................................27 6.4.3 Northern Integrated Supply Project....................................................................................................28 6.4.4 Windy Gap Return Flow Credits .................................. 6.4.5 NISP Return Flow Credits ..................................................... .................................... ......................... 28 6.5 Estimates of Additional Water Needed for Delivery to SVWA Treatment Plant..........................................29 Section 7: Projected Costs for Implementation of the 2020-2050 Water Action Plan...........................................31 7.1 Central Weld Carter Lake Filter Plant ................ I .......... I ............... .,,................ ........................................... 34 7.2 Other Source Water ---Windy Gap and NISP..............................................................................................34 7.3 Alluvial Well Systems................................................................................................................................34 .7.4 Augmentation Infrastructure and Water Sources........................................................................................35 7.5 Non -Potable Irrigation System ........................................ ........ ...."................................ .............. :................. 36 7.6 St. Vrain Water Authority Water Treatment Plant ................ ........ ................................................................ 37 7.7 Pipelines and Tanks ................................ ............................. :................ ...................... .............................. 37 7.8 Summary of Project Costs by Project Type .............................................. ........ ::.................................. ....... 38 Section 8: Phased Implementation of the 2020-2050 Water Action Plan ........... :................................... .....39 8.1 2020-2024: Phase la ..............................................................................................................................39 8.2 2025--2030: Phase lb ...................................................... .......... .............................. ......... ................ ........ 41 8.3 2031--2050: Phase 2...............................................................................................................:.................42 Section 9: Single Family Equivalent Taps ............... ................................................. .................................................. 43 - Section 10: References ................. ...... .................. ............................................ ..................................................... 44 Figure 1: Average Annual Water Use, by Category .......................................................................................................1 Figure 2: Schematic of Surcharge and Losses................................................................................................:.............2 Figure 3: 2012 Residential Water Use by 1,984 Accounts............................................................... ......... I ....................... 4 Figure 4: Final Quota for C-BT, 1957-2019................................... I .......................... :..................................... ... ............. 5 Figure 5: 2019 Town of Firestone Growth Boundary .................................... ........... I.... .................... :........ ..................... 6 Figure 6: 2018 Town of Firestone Zoning Map ............................ Figure7: Town of Firestone Land Use Map ................................................... ............................................................... _8 Figure 8: 2018 Town of Firestone Zoning Map with Service Areas Identified................................................................9 Figure 9: Population Data and Projections, Firestone Service Area 2000-2050..........................................................16 Figure 10: New Dwelling Units per Year Added to Firestone Service Area.. ........................... ................................... 17 Figure 11: Total and Incremental Population Projections. ............................................................................................ 18 Figure 12: Location of SVWA and Firestone Facilities at Colorado Blvd. and Zinnia Ave............................................32 E 2020-2050 Water Action Plan 0 LIST OF TABLES Table 1: Total Annual Water Use, Acre-Feet................................................................................................................3 Table 2: Firestone Service Area Land Use Projections.............I..................................................................................10 Table 3: Residential Density for Zoning Category ........................................................................................................11 Table 4: Water Demand for Residential Zoning.........................................................................................................11 Table 5: Water Demand for Commercial Zoning..........................................................................................................12 Table 6: Distribution of Land Use Within Mixed Use Zoning and Water Demand.......................................................12 Table 7: Water Demand for Mixed Use Zoning............................................................................................................13 Table8: Water Demand for Parks...............................................................................................................................A3 Table 9: Summary of Total Water Demand Based on Projected Land Use.................................................................14 Table 10: Summary of New Population Based on Projected Land Use.......................................................................15 Table I I - Summary of Population Projections for 2030 and 2050...............................................................................17 Table 12: 2030 New Water Demand...........................................................................................................................19 Table13: 2050 New Water Demand............................................................................................................................19 Table 14: 2013-2050 Incremental New Water Demand............................................................................................20 Table 15: Summary of New Water Demand...............................................................................................................20 Table 16: Water Supplies Available at Carter Lake, 2020...........................................................................................22 Table 17: Water Supplies Available at Firestone Reservoir No. 1, 2020......................................................................23 Table 18: Estimated Additional Annual Native Water Needed, 2016-2030 to Meet 2030 Demands .........................29 Table 19: Estimated Additional Annual Native Water Needed, 2031-2050 to Meet 2050 Demands .........................30 Table 20: Estimated Costs for 5 MGD Water Supply, 2019 Dollars ........... ................................................................... 33 Table 21: Cash and Debt Financing Needs, Other Water Sources..............................................................................34 Table 22: Cash and Debt Financing Needs, Alluvial Well Systems.............................................................................35 Table 23 Cash and Debt Financing Needs, Augmentation Infrastructure and Water Sources....................................36 Table 24: Cash and Debt Financing Needs, Non -Potable Irrigation System.............................................................._36 Table 25: Cash and Debt Financing Needs, Water Treatment Plant and Delivery System.........................................37 Table 26: Cash and Debt Financing Needs, Pipelines and Tanks ......................... ....... ................ _........................... 38 Table 27: Cash and Debt Financing Needs, Summary of Project Costs by Project Type............................................39 Table 28: Cash and Debt Financing Needs, Phase 1 a Project Costs, 2020-2022....................................................40 Table 29: Cash and Debt Financing Needs, Phase 1 a Project Costs, 2023-2024....................................................40 Table 30: Cash and Debt Financing Needs, Phase 1 b Project Costs, 2025-2030....................................................41 Table 31: Cash and Debt Financing Needs, Phase 2 Project Costs, 2031-2050......................................................42 Table 32: Mixed Use, Commercial and Residential Water Demand and Estimated Single Family Equivalent Taps ...43 0 2020-2050 Water Action Plan Page 1 SECTION 1: WATER USE IN THE TOWN OF FIRESTONE This section discusses current water use within the Town of Firestone. 1.1 METERED DATA EXPLANATION About 92 percent of the Town's metered use is for four categories of use: commercial (10 percent of total use); irrigation of Town of Firestone (Government) parks and open space) (8 percent); private irrigation of parks and open space (7 percent); and single family residential (67 percent). Other categories of metered use are: mobile home park (6 percent); industrial (1 percent); and multi -family (1 percent). Discussion below is on water use by the first three categories, which in total represent about 92 percent of historical metered water use. Multi -family water use is expected to grow, and we expect to have more data available to project future demands (see page 4 of the 2018 Water Rate Study). Figure 1 Average Annual Water Use, by Category I'ridustriaf 196 Multi Fain 1% Mobile Horn �696 F Residential 67% 2020-2050 Water Action Plan Page 2 • 1.1.1 Distribution system losses Based on a comparison of master meter data and data from individual meters in Firestone conducted by Colorado Civil Group ("CCG"), it is estimated that there is one to four percent loss of water between the master meters and the individual meters (page 7, March 2010 Potable Water Master Plan). A three percent distribution system loss is assumed in demand calculations below. 1.1.2 Central Weld Surcharge The agreement with Central Weld requires that the Town of Firestone transfer 20 percent more C-BT and Windy Gap water than is delivered to the master meters. The amount of water reported as delivered to the Carter Lake Filter Plant below is based on the total of the individual meter use, divided by 0.97 to account for three percent losses in Firestone, times 1.20 to account for the Central Weld surcharge. The sketch below illustrates the above losses and surcharge: Figure 2 Schematic of Surcharge and Losses 120 at.Ca�tef Lake, 0 10 at master meters 2020-2050 Water Action Plan Page 3 • 1.1.3 2012-2016 Total Water Use The table below shows the total annual metered water use for the 2012-2016 time period. This period was selected because at that time the entire population of the Town was within the land area that will be served by the SVWA Treatment Plant, The table reflects the estimated three percent distribution system loss and the 20 percent surcharge for water delivered to the Carter Lake Filter Plant, The average annual use in this period was about 2,500 acre-feet. Table 1 Total Annual Water Use, Acre-feet Average 2012 2013 2014 2015 2016 2012--2016 At the Individual 2,235 1,799 1,868 2,013 2,098 2,003 Meter, AF At the Master 2,304 1,854 1,926 2,075 2,163 2,064 Meter, AF At the Treatment 2,765 2,225 2,311 2,490 2,596 2,477 Plant, AF SECTION 2: WATER DEDICATION REQUIREMENTS AND WATER SUPPLY TARGETS The Firestone raw water dedication requirements are defined in Chapter 13.08 of the Firestone Municipal Code. The amount of water that must be transferred to the Town is based on projected demand for potable water, which is based on land use, including lot size for single family residential uses. The raw water dedication requirement for a single family home on a lot of 10,000 square feet or less is based on meeting an annual demand of about 158,000 gallons at the single family residential meter. This creates a demand of about 195,500 gallons, or 0.60 acre-feet at Carter Lake per single family dwelling unit. This is the amount of water supplied when the C-BT quota is 0.60 acre-feet, To compare this dedication requirement to historical demands we made a detailed analysis of 2012 water use metered to 1,984 single family'taps serving lots of 10,000 square feet or less and that had 12 months of data available. Meters that had zero water use data in any month were excluded from the analysis, to eliminate data from new homes or homes that had an apparent vacancy during the year. A total of 629 taps, or about 32 percent of the meters analyzed delivered 158,000 gallons or more in 2012. The average use reported by the 1,984 meters analyzed was 139,800 gallons. The median annual water usage was 135,000 gallons, or about 85 percent of the 158,000 gallon target. This means that 50 percent of the individual taps used more thar, 135,000 gallons. • 2020---2050 Water Action Plan Page 4 Figure 3 shows the actual annual metered water use for each of the 1,984 meters analyzed. Figure 3 2012 Residential Water Use by 1,984 Accounts CY 2012 SF Residential Water Use, Sorted by Ascending Usage 500,000 •••••• Average 450,000 _ _.... ... ..... ...... _. . Median 400,000 Metered Water Use 350,000 Target 300,000 -... .. L a 250,000 ,n 200,000 C O 150,000 �:----- :,.:.:;.`�`_,_—_ - .... ...:.: "^_ ... :.............................." 100,000 50,000 0 Account To compare the single family lot dedication requirement based 0.60 acre-feet per lot to historical supply conditions, we looked at the frequency of declared allocation quotas of less than 0.60 acre-feet per C-BT unit. In the 63 years of data (1957-2019), there were five years of 0.50 acre-feet quota. This means that the C-BT water supply available would not have been adequate to meet the planned target approximately 8 percent of the time. 0 2020-2050 Water Action Plan Page 5 • • Figure 4 Final Quota for C-BT, 1957-2019 2967 1972 1977 1982 198T 1992 1997 2092 2007 2012 2017 There is always uncertainty when projecting the availability of water supplies. In the case of the availability of C-BT project water, the hydrologic and climatic uncertainty is compounded by political uncertainty. There have been many changes in C-BT contract unit ownership and federal and state water allocation processes since the Colorado -Big Thompson project was developed. In addition, there is considerable uncertainty about long-term future operations of the C-BT project. This means that C-BT users cannot rely on historical data to indicate the magnitude of future water deliveries. The Town is not going to increase or to decrease its water dedication requirement of 0.60 acre-feet per single family (518-inch water tap) at this time. The Town expects to re-evaluate this dedication requirement in the next a to 10 years after new supplies are available, new raw water storage facilities are available, and new treatment options are fully operational. is 2020-2050 Water Action Plan Page 6 • SECTION 3: WATER DEMAND PROJECTIONS This section projects future water demands based on land use, population, and unit water demands. Water demands described below are "at the meter," meaning that demands need to be adjusted upwards to account for delivery system losses or treatment system losses that occur after the master meter. This adjustment will be addressed at the end of the section. Projections are made from 2016 as the baseline year. That year was selected as the baseline year because the population of the Town in 2016 only included residents within the portion of the Town served water through the Town's distribution system. In other words, in 2016 all the residents of the Town were within the Firestone service area and were using C-BT water treated by Central Weld. The projections based on land use are based on the 2019 Town of Firestone growth boundary, as shown in Figure 5, the 2018 zoning, as shown in Figure 6, and land use, as shown in Figure 7. Links to a high resolution version of Figures 5, 6 and 7 are included in the references listed at the end of this document. Figure 5 2019 Town of Firestone Growth Boundary • 0 2020-2050 Water Action Plan Page 7 • • Figure 6 2018 Town of Firestone Zoning Map ar pKf Emits ZONING M" L S� �� 5-a7s��t:�ssi RESTONE LEGENO 1, RV, + -A�77. )'�I i i �t r r' FIRESTONE 7-17TA 4T 4HY, 12R6N 7Ll�[91C will lOMN tr lislulY /AELYX f 2020-2050 Water Action Plan Page 9 0 • 0 3.1 FUTURE WATER DEMAND BASED ON LAND USE PROJECTIONS The following table of land use projections has been adopted from Table G.1 of the 2019 Firestone Potable Water Distribution System Master Plan prepared by Colorado Civil Group, Inc. It is based on the growth boundaries, zoning, and land use as shown in Figures 5, 6 and 7, above. Table 2 does not include land use projections for those portions of Firestone that are served by the Little Thompson Water District (north of St. Vrain Creek) or the Left Hand Water District (west of 1-25). The table below, and all projections that follow, are based on development anticipated in the areas within the Firestone service area. Figure 8, below is based on Figure 6 and is included to show the general locations of the service areas of the LHWD, Little Thompson and Firestone. Figure 8 2018 Town of Firestone Zoning Map with Service Areas Identified ' 1 RA J�r i i 2020-2050 Water Action Plan Page 10 • • Table 2 Firestone Service Area Land Use Projection a zuJ Z SECTION o< I.D. r— PARKS (acres) C/OF & E/O F (acres) LAND MU (acres) USE CATEGORY R-L {acres] R-M (acres) R-H (acres) TOTAL (acres) 3: _---®-®- Z 00 2020-2050 Water Action Plan Page 11 The March 2010 Potable Water Master Plan provided estimates of unit water use rates (acre-feet per acre, for example) for categories of zoning and land use, based on historical Firestone data. In addition, some unit demands have been adjusted or updated for this Action Plan, and will be described below. 3.2 DEMAND BASED ON RESIDENTIAL ZONING LANDS Table 3 shows the total acres for Residential -Low, Residential -Medium and Residential -High zoned lands. The assumed densities in dwelling units per acre for those three zoning designations in the table are based on the analysis conducted by CCG for Firestone lands east of 1-25. Table 3 Residential Density for Zoning Category LAND USE . CATEGORY Acres DENSITY, DU/acre R-L 7,516 1.14 R-M 2,893 2.94 R-H 85 6.3 Single family residential demand for lands developed between now and 2050 will be based on a total average year future water demand per single family residence of 162,295 gallons, or 0.5 acre-feet per year. This demand is "at the meter" of the individual water user. Table 4 Water Demand for Residential Zoning (Acre-feet per year, at the Meter) Average verage Land Use Density Annual Annual Total Category (DU/acre) Outdoor Use, Use, (af/acre) (af/acre) R-L 1.14 0.570 0.325. R-M 2.94 1 1.470 0.838 R-H 6.3 1 3.150 1.796 2020-2050 Water Action Plan Page 12 3.3 DEMAND BASED ON COMMERCIAL ZONING LANDS Lands annexed for commercial land use are estimated to have an average year demand of 1.52 acre-feet per acre. Based on 2012 meter data, about 46 percent water delivered to commercial meters is forecast to be used outdoors. Table 5 Water Demand for Commercial Zoning (At the Meter) Average Land Use Average Annual Average Acres Annual Total Annual Indoor Category Outdoor Use, Use, (af} Use, (af) (af) Commercial 338 514 236 278 3A DEMAND BASED ON MIXED USE ZONING LANDS Mixed Use is a category of future land use specified in many annexations of parcels into the Town of Firestone. The actual amount of commercial, residential, office or park land of any individual annexed parcel that is zoned as Mixed Use is not known until much later in the development process. The future water demand has been projected based on a distribution of zoning and.dernand in acre-feet per acre used in previous planning reports, as shown in the following table: • Table 6 Distribution of Land Use Within Mixed Use Zoning and Water Demand Zoning % of Total Annual af/acre Weighted annual af/acre Commercial/Office 15°% 1.520 0.228 Employment/Office 25% 1.374 0.343 R-M 35% 1.470 0.515 R-H 25% 3.150 0.788 Total 100% 1.873 2020-2050 Water Action Plan Page 13 Based on the above distribution, the net new water demand for Mixed Use lands is; Table 7 Water Demand for Mixed Use Zoning (Acre-feet per year, at the Meter) Average Land Use Average Annual Average Category Acres Annual Total Outdoor Use, Annual Indoor Use, (af) Use, (af) (af) Mixed Use 2,865 5,366 3,027 2,340 3.5 DEMAND BASED ON FUTURE PARK LANDS Based on assumed demand of 1.8 acre-feet per acre in an average year, the net water demand for new park lands is projected as 746 acre-feet per year. Table 8 Water Demand for Parks (Acre-feet per year, at the Meter) Average Land Use Average Annual Average Acres Annual Total Annual Indoor Category Use, (af) Outdoor Use, Use, [af) (af) Parks 415 746 746 0 2020-2050 Water Action Plan Page 14 3.6 SUMMARY The total new water demand projected to be needed by the lands tabulated on Table 2, is listed below. The total annual demand for additional water supplies is projected to be in'the range of 15,430 acre-feet in an average year. These are demands measured "at the meter" of the Firestone water customers. Table 9 Summary of Total! Water Demand Based on Projected Land Use (Acre-feet per year, at the Meter.) Average Average Average Land Use Annual Total Annual Annual Category Use . Outdoor Use Indoor Use. Residential 8,803 5,018 3,785 Commercial 514 236 278 Mixed Use .5,366 3,027. 2,340 Parks 746 746 - Total 15,430 9,027 6,403 2020-2050 Water Action Plan Page 15 SECTION 4: POPULATION PROJECTIONS The demand for new water supplies to serve new lands in the Firestone service area, as shown in Table 9, is not for a point in time. The projected annual water demand is for the time when these lands are fully developed. This section will apportion the projected future water demand to year 2030 and year 2050 based on population growth projections. 4.1 POPULATION SUPPORTED BY LAND USE PROJECTIONS Based on density of dwelling units on acreage that has been annexed into Firestone or based on the approved development plans or zoning, the population that will be supported by development of 10,493 acres of residential developments and 1,719 acres of residential lands within mixed use developments is estimated to be about 75,200 new residents. The assumed occupancy per dwelling unit is 3.0 persons, based on historical Firestone data. Table 10 Summary of New Population Based on Projected Land Use Land Use Category DU/acre Residential Mixed Use Total Acres DU total At 3.0/DU Acres DU total At 3.0/DU Population R-L 1.14 7,516 8,568 25,705 - - - 25,705 R-M 2.94 2,893 8,504 25,512 1,003 2,948 8,843 34,355 R-H 6.30 85 534 1,603 716 4,512 13,535 15,137 TOTAL - 10,493 17,606 51,411 1,719 7,459 21,781 75,197 Adding 75,200 new residents to the estimated 2016 population of about 13,050 people, means that a total of about 88,250 people will live in the Firestone service area. The table above shows that lands in the Firestone service area • will include about 25,100 new single family residential units. At historic growth rates it would take many decades for Firestone's population and housing stock to reach that level, 4.2 TOTAL NEW WATER DEMAND BASED ON POPULATION GROWTH: 2030 AND 2050 To convert the estimated new demand presented above into new demand for water in the year 2030 and year 2050, we compare the projected population at those points in time to the total population supported by the land uses, as shown in Table 10, above. Then, assuming that all growth in water demand by type of use will be in proportion to population growth we can project the amount of new water required in 2030 and 2050. To project the population of Firestone that will be in the Firestone service area in 2030 and in 2050 we compared three different projections. For all three projections, we started with the estimated population of 13,059 that was within the Firestone service area in 2016. In the first projection we used the December 2019 State Demography Office (SDO) projections of growth rates in Weld County. The SDO projections are made for 5-year increments, and ranged from 3.2 percent projected growth from 2015 to 2020 to 2.0 percent growth from 2045 to 2050. These SDO projections are an assumed average growth rate for all parts of Weld County. Second, we used a straight line projection of 3.5 percent growth in each 5-year increment, Third, we used a December 2019 projection that CCG developed for future population within the Firestone service area. CCG based their projection on actual new housing units built between 2016 and 2019 and projected development based on actual zoning applications or annexation agreements. The CCG population growth rates ranged from an average of 4.3 percent per year from 2020 to 2025, to 2 percent per year from 2034 to 2050. 2020-2050 Water Action Plan Page 16 In summary, the graph below shows population projections for the Firestone service area ranging from about 20,400 to 21,500 by the year 2030, and a population between about 32,000 and 42,000 in the year 2050. Figure 9 Population Data and Projections, Firestone Service Area 2000-2050 50,000 .6 40,000 cc V 35,000 lA 30,000 O 25,000 Z Z 20,000 5 QR 15.000 S 30,006 Actual Firestone Service Area Population —b— "3.5%" Projection p 4zusi December. 2019 500, '-A.- Decenibeir 2019=6 Estimate (3,NVOU) 32,750 � +dl 27,506 e 942 it � iC , �� +ta274 25,104 .� +ice S,BS9 - 21,481 40 + 4�r��22.523 18,401 on 1 16,012 / i ,7,ir19819,714 11 QS9_ 5�+7,089 14,613 `x03MP jectlons:19,71412029soo),21,1391isw);21,481(ccc) 5,000 2650 Projections; 31,217.(2o195D0}; 32,750 j[[G); 42,g61('3s%") 0 '2000 2010 2020 2030 2040 2050 2060 Because the CCG projections are based on the most Firestone -specific data and land use -specific data, we use the CCG projected population of about 21,500 in 2030 and about 33,000 in 2050 in calculations below. While this growth appears substantial, the CCG projection is based on a range of about 150 to 275 new dwelling units per year in the Firestone service area, which is similar to or less than recent experience. Figure 10 shows the number of dwelling units added per year that was assumed in the CCG population projection. 2020-2050 Water Action Plan Page 17 C, • Figure 10 New Dwelling Units per Year Added to Firestone Service Area 300 250. qt:lj ■_Projected ,w . r ■ Actual The incremental growth in population between 2016 and 2030 and between 2016 and 2050, compared to the total projected incremental growth in population based on land use is shown in the fallowing table. The data that will be used in the following sections is in the far right column of Table 11, Table 11 Summary of Population Projections for 2030 and 2050 Period Incremental Growth (2016-2030 Projected Population in CWCWD Service Area and 2016-2050) as Percent of Total Incremental Growth Dec 2019 SDO "3.5 %" line Dec 2019 CCG Dec 2019 Dec 2019 Population Incremental Population Incremental Population Incremental YEAR 5D0 "3.5 V line CCG Growth Growth Growth 2016 13,059 - 13,059 - 13,059 - - - 2030 19,714 6,655 21,139 8,080 21,481 8,422 8.2% 10.0% 11.2% 2050 31,217 18,158 42,061 29,002 32,750 19,691 22.4% 35.8% 26.2% - 88,256 1 75,197 88,256 75,197 88,256 75,197 100.0% 100.0% 100.0% 2020-2050 Water Action Plan Page 18 • The following schematic shows, for the portion of the Town within the Firestone service area, the relationship between total projected population based on all the lands available for development and the projected population in 2030 and 20K Figure 11 Total and Incremental Population Projections Year 2U16 2030 2050 20?? % of New Water 11.2% 26.2% 100% Demand 96 of incremental 0% 11.2% 26.2% 100% Growth 8,400 11,300 Incremental z 19,700 55,500 l Population _ T Growth � I, ._T .. 't. I I 75,200 Total — �.Populatlon 13,059 21-500 _ --32 750 $B 250 { 14,-111 acres ; v Total Populationof 88;2S0 . Incremental Population Giowth of '. 20V 4.2.1 New Water Demand for Year 2030 Based on the November 2019 CCG estimate of population in 2030, we estimate that the new water demand for the year 2030 will be 11.2 percent of total projected demand growth for the Town of Firestone lands in the Firestone service area. Table 12, below, is calculated as 11.2 percent of the values in Table 9, above. The total annual demand is in the range of 1,720 acre-feet, at the individual customer meter in an average year. This projection is for the incremental new water supply required to support growth between 2017 and 2030. Accordingly, the reusable component of the Windy Gap water supply recently acquired by the Town (discussed later) is available to meet the new water demands in 2030 and beyond. 0 2020-2050 Water Action Plan Page 19 Table 12 2030 New Water Demand (Acre-feet per year, at the Meter) Average Average Land Use Average Annual Annual Annual Total Category Outdoor Use, Indoor Use, Use, (af) (af) (af) Residential 986 562. 424 Commercial - 58. 26 31 Mixed Use 601 339 262 Parks 84 84 - Total 1,728 1,011 717 4.2.2 New Water Demand for 2050 Based on the November 2019 CCG estimated of population in 2050, we estimate that the new water demand for the year 2050 will be 26.2 percent of the total water demand to serve all the lands in the Firestone service area. The total annual new demand at year 2050 is in the range of 4,040 acre-feet. Table 13, below, is calculated as 26.2 percent of the values in'Table 9, above Table 13 2050 New Water Demand (Acre-feet per year, at the Meter) Average Average Land Use Average Annual Annual Annual Total Category Outdoor Use, Indoor Use, Use, (af) '(af) (af) Residential 2,305 1,314 991 Commercial 135 62 73 Mixed Use 1,405 793 613 Parks 195 195 - Total 4,040 2,364 1,677 2020-2050 Water Action Plan }cage 20 Table 14 shows the incremental growth in demand between 2031 and 2050, which.is calculated as the difference between Table 13 and Table 12. The incremental additional annual demand for water is about 2,310 acre-feet. Table 14 2031---2050 Incremental New Water Demand (Acre-feet per'year, at the Meter) Average Average Average Land Use Annual Total Annual Annual Category Use Outdoor Use Indoor Use Residential 1,319 752 567 Commercial 77 35 42 Mixed Use 804 454 351 Parks 112 112 - Total 2,312 1 1,353 960 4.3 SUMMARY OF NEW WATER DEMANDS, 2030 AND 2050 Table 15 summarizes the new water demand at the. individual meter, at the master meter, and at the treatment plant. Of the 4,582 acre-feet listed as demand at the treatment plant, as much as 307 acre-feet may actually be used for park. irrigation, delivered directly by the non -potable irrigation system as it is developed. The values in the right column are the new raw water supply targets that will be discussed below. Table 15 Summary of New Water Demand (Acre-feet per year) Time Period At the Meter Atthe Master Meter To Treatment Plant 2016--2030 1,728 1,782 1,960 2031--2050 2,312 2,384 2,622 2016--2050 4,040 4,165 4,582 2020-2050 Water Action Plan Page 21 SECTIONS: CURRENT WATER SUPPLIES 5.1 COLORADO-BIG THOMPSON The Town owns about 5,332 units of Colorado -Big Thompson (C-BT) acre-foot contracts. Each unit receives a variable yield, based on the quota as declared by the Board of the Northern Colorado Water Conservancy District ("Northern") each year. While the average final quota over the last30 years is about 0.71 acre-feet per year, the final quota declared in 11 of the last 30 years was 0.60 or 0.50 acre-feet per unit. The Town bases all water supply plans on a C-BT quota of 0.60 acre-feet per unit each year. C-BT water is delivered to the.Carter Lake Filter Plant for treatment by Central Weld. The 2019 supply of C-BT water is assumed to be 2,949 acre-feet. This is based on 4,91'5 units, at 0.6 acre-feet per unit. (An additional 417 C-BT units are assumed dedicated to providing 250 acre-feet for Windy Gap "in -lieu" water, discussed below.) Some of the 4,915 C-BT units that have been transferred to the Town by developers are for water taps that have not yet been activated because the individual homes within the development have not all been built. 5.2 WINDY GAP The Town owns five units of Windy Gap water; these units are not part of the Windy Gap Firming- Project, so the variability in their yield is projected to be quite large. While each unit has a nominal yield of 100 acre-feet, Northern considers the annual firm yield to be 50 acre-feet per unit (see Resolution D-962-02-95). For purposes of this Action Plan, the Town is planning for an annual yield of 50 acre-feet per unit, and also assumes that to achieve this firm yield the Town will need to dedicate 50 acre-feet of C-BT yield per unit as "in -lieu" water. This requires a dedication of the yield from 417 C-BT units, at a yield of 0.6 acre-feet per unit. Windy Gap water is delivered to Carter Lake for delivery to the Carter Lake Filter Plant for treatment by Central Weld. 5.3 LEASED WATER The Town has a lease for 300 acre-feet of water from the City of Loveland. That lease expires on July 1, 2026, and it. may be extended for five years to July 1, 2031. When this water is requested by Firestone, it can be delivered to Carter Lake for delivery to the Carter Lake Filter Plant for treatment by Central Weld. Although this lease is an important short-term supply, it is not considered to be available to meet future demands in 2030 or 2050. This supply will not be discussed in the text or tables below. 2020-2050 Water Action Plan Page 22 • 5.4 SUMMARY OF WATER SUPPLY AVAILABLE AT CARTER LAKE Table 16 Water Supplies Available at Carter Lake, 2020 Water Source Units or Annual Shares Acre-feet C-BT 4,915 2,949 units C-BT "in lieu" 417 units 250 Windy Gap 5 shares Total 3,199 5.5 NATIVE ST. VRAIN CREEK WATER 5.5.1 Senior Water Rights The Town has recently acquired shares in senior irrigation ditches to support the Town's non -potable irrigation system and augmentation needs. These include shares in the Lower Boulder Ditch, the Rural Ditch, and the Godding Ditch. The total average annual yield of these sources is estimated at 308 acre-feet. 5.5.1.1 Lower Boulder Ditch Company The Town owns 3.97 Preferred shares and 6.667 Common shares of the Lower Boulder Ditch Company stock. These shares are included in the augmentation plan discussed below. The estimated average annual delivery of water from these Lower Boulder shares to the Firestone Reservoir No.1 or No. 2, or to the storage planned at Central Park is about 250 acre-feet. Of that amount, it is estimated that about 139 acre-feet is fully consumable water that can support irrigation needs or augmentation needs, and the remaining 111 acre-feet will be returned to the St. grain Creek system to maintain historical return flow patterns. The dry year yield of these shares is estimated to be about 65 percent of the average year yield, orabout 90 acre-feet, howeverthe operation of the Firestone Reservoir No. 1 will allow the Town to deliver the annual average supply each year.. 5.5.1.2 Rural Ditch Company The Town owns 2.41 shares in the Rural Ditch Company. In addition, the Town has 1.9 snares under option from the L.G. Everist Company, These shares are included in the augmentation plan discussed below. The estimated average yield of the 2.41 shares currently owned by the Town is about 236 acre-feet per year that can be delivered to the Firestone Reservoir No.1 or Firestone Reservoir No. 2. The net amount that will be fully consumable by the Town is estimated at about 129 acre-feet per year; the remainder of the water delivered to the reservoir will be returned to the St. Vrain Creek to maintain historical return flow patterns. The dry year yield of these shares is estimated .7 2020-2050 Water Action Plan Page 23 • 0 0 to be about 50 percent of the average year yield, or about 118 acre-feet. However the operation of the Firestone reservoirs will allow the Town to deliver the annual average supply each year. Only the 2.41 shares currently owned by the Town are reflected in table 17, below, with an estimated average annual historical consumptive use of 129 acre-feet per year. 5.5.1.3 Godding Ditch Company The Town owns 4 shares in the Godding Ditch Company. These shares are not included in the augmentation plan discussed below. The Town has not yet developed estimates of deliveries to storage or return flow requirements for these shares. Previous water court cases that changed of use of Godding Ditch Company water rights have decreed average yields ranging from 7.3 acre-feet per share to 12.1 acre-feet per share. This supply is estimated to produce about 40 acre-feet per year of average annual supply, and is estimated to be available by 2024. 5.6 SUMMARY OF CURRENT NATIVE WATER SUPPLIES Table 17 summarizes the native water supplies owned by the Town in 2020.that will be available at the Firestone Reservoir upon completion of water court change cases. Table 17 Water Supplies Available at Firestone Reservoir No. 1, 2020 Water Source Shares Annual Acre-feet Year Available Lower Boulder Ditch 3.97 Preferred 6.667 Common 103 36 2022 Rural Ditch 2.41 129 2022 Godding Ditch 4 40 2024 Total 308 2020-2050 Water Action Plan Page 24 LJ SECTION 6: FUTURE WATER SUPPLIES AND FACILITIES The Town has a variety of planned water supplies and infrastructure projects to meet raw water and treated water demands over the next 30 years. This section describes the water rights, water sources, and infrastructure included in the 2020-2050 Water Action Plan. 6.1 CHANGE OF WATER RIGHTS AND PLAN FOR AUGMENTATION The Town filed Case No.19CW3236, a change of water rights and plan for augmentation, in the Division 1 Water Court in December 2019. The water court application is complex; some of the major elements of the application include: • A change of type of use and location of use of water rights based on shares of New Consolidated Lower Boulder Reservoir and Ditch Company (LBDC) and the Rural Ditch, for water that was historically used on lands that have been developed within and around. Firestone. • A change of storage right for the Firestone Reservoir No. 1. • A claim for junior water rights for 1) Diversion from Boulder Creek and St. Wain Creek through existing ditches, for storage in the Firestone Reservoir No. 1, which is constructed but not fully operational; and 2) Diversion from Boulder Creek for storage in Central Park Reservoir, which is planned but not constructed; and 3) Diversion from St. Wain Creek for all municipal uses, including storage. • A plan for augmenting or replacing out -of -priority pumping from: 1) The Gould Well and two other planned wellfields; and 2) Wells designed to provide irrigation water, at Mountain Shadows Park, for example. • An exchange on St. Wain Creek, from the.St. Wain Sanitation District outfall upstream to the Gould Well and St. Wain Creek diversion. • A claim to recharge the alluvial aquifer in the vicinity of the Gould Well: 6.2 RAW WATER DELIVERY 6.2.1 Wells and Wellfields The Town is planning to construct several wells and wellfields to supply the non -potable irrigation system and the SVWA treatment plant. These wells will all be developed into the St. Wain Creek alluvial aquifer; all of the wells will need to operate under the terms of a plan for augmentation to replace depletions to St. Wain Creek or its tributaries. • 2020-2050 Water Action Plan Page 25 r� u 6.2.1.1 Gould Well The first well that the Town is developing to collect and divert alluvial ground water is located on the parcel that the Town purchased from the Gould family, which is at the northeast corner of Colorado Boulevard and Zinnia Avenue in Section 31, Township 3 North, Range 67 West (UN R67W). This well is in the final design phase and is anticipated to be constructed in 2020. The water rights claim for this well field is for 2,400 gpm, or 5,35 cubic feet per second. 6.2.1.2 Other Future Wellfields The Town is anticipating the need for more than one additional alluvial wellfield to supply the SVWA treatment plant. At this time it is assumed that the next wellfield will be located on ground owned by the St. Vrain Sanitation District, in Section 31, Township 3 North, Range 67 West. This wellfield is anticipated to be constructed in about year 2032. In addition, wellfield sites have been identified on the Varra Property in Section 31, T3N R67W and at the Firestone. Trail where it intersects Zinnia Avenue in Section 6, UN R67W. This plan assumes that both of these wellfields will be developed before 2050. The water rights claim for the St. Vrain Sanitation District well field and the Varra wellfield are each for a. pumping rate of 2,400 gpm, or 5,35 cubic feet per second. The Firestone Trail Wellfield water right claim is for 1,800 gpm, or 4.01 cubic feet per second. 6.2.2 Mountain Shadows Non -Potable Irrigation Well The Mountain Shadows well has been developed within the Mountain'Shadows Park in Section 1, T2N R68W. This well is anticipated to be completed and ready to irrigate the park in 2021. If the non -potable irrigation system at Mountain Shadows Park is ready to be used before the augmentation plan has been decreed, the Town will apply for a temporary substitute water supply plan with the State Engineers Office in Division 1. The water rights claim for this well is for a pumping rate of 800 gpm, or 1.78 cubic feet per second. 6.2.3 NISP pipeline The pipeline that will deliver water from the NISP project to users located south of Highway 66 is currently planned to run parallel to Weld County Road 13 (which becomes Colorado Boulevard in the Town of Firestone), and terminates at Highway 66. This location is two miles due north of Zinnia Avenue where the SVWA treatment plant will be located. This pipeline is not anticipated to be constructed until about 2028. The Town currently anticipates average annual deliveries of 1,300 acre-feet from the NISP pipeline, 6.2.4 St. Vrain Creek Diversion The Town's 2019 water rights application includes a junior water right to divert water into the Firestone -St. Vrain Pump Station, located at a point on the St. Vrain Creek approximately one-half mile due north of the SVWA treatment plant. That diversion is anticipated to be constructed in about 2032, perhaps before the second alluvial wellfield is constructed. The water rights claim for the St. Vrain Creek diversion is for a pumping rate of 2,400 gpm, or 5.35 cubic feet per second. • • 0 2020-2050 Water Action Plan Page 26 6.3 RAW WATER STORAGE 6.3.1 Firestone Reservoir No. 1 The Firestone reservoir No. 1, located south of Zinnia Avenue in Section 6 T2N R67W, was purchased in 2017, and is expected to be fully operational by 2021. This reservoir will be used to store water derived from the change of water rights and junior water rights claimed by the Town in the Case No. 19CW3236 application. The capacity of Firestone Reservoir No.1 is estimated at 1,218.6 acre-feet. Water will be delivered from Firestone Reservoir No.1 to; 1) the Town's non -potable irrigation system, and 2) the St. Vrain Greek to make return flow deliveries in accordance with terms and conditions that will be in the Case No. 19CW3236 decree. 6.3.2 Firestone Reservoir No. 2 (Brooks Pit) The Town has an option to purchase the Brooks Farm Water Storage Reservoir when the LG Everist Company has completed mining operations. This reservoir has an estimated capacity of 800 acre-feet. Mining. is expected .to be completed within the next 3 to 5 years. The current plan is for this reservoir to be operated in a similar manner to Firestone Reservoir No, 1. 6.3.3 Central Park Reservoir The Town's non -potable irrigation system plan includes development of a reservoir in Central Park in Firestone; this reservoir will be able to be filled from the Coal Ridge Ditch or from Firestone Reservoir No. 1. The capacity planned for the Central Park Reservoir is 100 acre-feet, and it is expected to be built in about 2028. 6.3.4 Other potential storage 6.3.4.1 Dry Creek The Town has communicated with the Little Thompson Water District and Central Weld to express interest in purchasing up to 500 acre-feet of storage in a proposed expansion of the existing Dry Creek Reservoir, which is located in Larimer County, near Carter Lake. The Town does not have an expected date for acquiring this storage. 2020-2050 Water Action Plan Page 27 6.4 POTENTIAL NEW WATER SUPPLIES 6.4. 1 Native St. Vrain Creek Water The Town is actively looking to acquire senior water rights from ditches in the St. Vrain Greek basin that historically irrigated lands within and around the Town of Firestone development area or Town boundaries. The Town is focusing on shares that irrigated parcels in locations that have already developed or will be developed, and that are located such that the Town can easily deliver historical return flows to required locations. These ditches include: • Lower Boulder Ditch, which diverts from Boulder Creek; • Godding Ditch (also known as the Highland/Southside Ditch), which diverts from Idaho Creek, which diverts from Boulder Creek; • New Coal Ridge Ditch, which is an extension of the Lower Boulder Ditch; • Rural Ditch, which diverts from Boulder Creek; and • Last Chance Ditch, which diverts from St. Vrain Creek. The Town already owns shares in the Lower Boulder Ditch, the Rural Ditch and the Godding Ditch. Shares in the Lower Boulder Ditch and the Rural Ditch have been included in Case No. 19CW3236: 6.4.1.1 Potential for Water Dedication of Native Water Rights The Town's current raw water dedication policy requires that developers transfer sufficient water rights to the Town to meet the requirements of the proposed development. At this time, C-BT units or Windy Gap shares are the only raw water source that may be used to satisfy dedication requirements. The raw water dedication process is codified in Chapter 13 of the Firestone Municipal code. In addition, the Town Board of Trustees can allow credits for other water rights by approving a written agreement with a developer. Because the Firestone Reservoir No. 1 can store raw water from St. Vrain Creek sources, and because the SVWA treatment plant is being designed to treat St. Vrain Creek water supplies, the Town is currently discussing this raw water dedication agreement alternative with developers. An agreement with one or more developers may be completed in 2020 or 2021, for delivery of treated water after2022. Each agreementwill be unique to each development because the terms related to credit for the water rights and requirements of each development will be specific to the land use supported and to the water rights transferred. ' At this time the Town does not have an estimate of when it might complete a native water dedication agreement. 6.4.2 Right of First Refusal Annexation agreements that have been approved by the Town include a provision that if the developer receives a bona fide offer to sell senior irrigation water that was historically used on the lands that were annexed, then the developer must offer a right of first refusal to the Town to match the terms of the offer. The Town is planning to exercise such purchase opportunities when they will allow the acquisition of water rights that can be used by the Town. At this time there are no estimates of when a right of first refusal might be exercised. 0 2020-2050 Water Action Plan Page 28 6.4.3 Northern Integrated Supply Project The Town is a participant in the northern Integrated Supply Project (NISP). This project is an enterprise of the Northern Colorado Water Conservancy District. This project is designed to:deliver about 40,000 acre-feet of Cache la Poudre River and South Platte River water annually to the participants. Firestone has subscribed to 1,300 acre-feet of this supply. NISP is in the final stages of a 15-year environmental permitting process. Current projections are for construction of the diversion structures, dams and reservoirs, and pipelines to be completed by 2028. This Action Plan assumes that NISP water will be delivered to Highway 66 and Colorado Boulevard, and that the Town will construct a two mile pipeline to deliver the water to the SVWA water treatment plant at Colorado Boulevard and Zinnia Avenue. This plan assumes that treated water Will be deliverable to the Town in 2030. The current cost estimate for the NISP project is $1.2 billion, or $30,600 per acre-foot. The 1,300 acre-feet that the Town is committed to purchase represents $39 million that will be spent between now and 2030. The 40,000 acre-feet yield of NISP project is fully subscribed at this time. However, there have been some transfers of ownership between participants in the past few years, and we expect that there will be opportunities for the Town to acquire more NISP water between now and 2030. Like other water supply projects, we also expect that once NISP is fully operational there will be very few, if any, opportunities to acquire more yield from the project. 6.4.4 Windy Gap Return Flow Credits The Town anticipates that about 50 percent of Windy Gap water that is delivered to water meters in Firestone will tobecome reusable return flow credits that can be exchanged from the St. Vrain Sanitation District outfall. into St. Vrain Creek to a Town diversion structure or used to augment out -of -priority pumping from a well or wellfield. Windy Gap return flows that are returned to St. Vrain Creek from the St. Vrain Sanitation District wastewater treatment plant will be accounted for so that they can become augmentation supply credits. A like amount of water may be pumped from the Gould Well, for delivery to the SVWA treatment plant. These credits are assumed to create somewhere between about-110 acre-feet and 190 acre-feet of future supply at the Gould wellfield once Case No. 19CW3236 is decreed. For purposes of this plan we are assuming that 125 acre-feet of Windy Gap return flow credits. will be available when the Town is using 250 acre-feet of Windy Gap water. The Town is planning on that water being available in 2022. The Town has had conversations with other water providers who own Windy Gap source water and who also discharge reusable Windy Gap return flow credits into tributaries of St. Vrain Creek or directly. into St. Vrain Creek. The Town would consider acquiring a lease or purchasing Windy Gap return flow credits as a new source of water. The Town does not have an expected date for acquiring water from Windy Gap return flow credits. 6.4.5 NISP Return Flow Credits The Town anticipates that a portion of the NISP water that is delivered to the Town will generate return flow credits. Depending on delivery schedules, the amount of estimated return flow credits will be somewhere in the range of 15 to 38 percent of NISP deliveries. For purposes of this plan we are assuming that 325 acre-feet of NISP return flow credits - will be.available when the Town is using 1,300 acre-feet of NISP water. The Town plans to approach water providers who will have NISP source water and that may discharge reusable return flow credits into tributaries of St. Vrain Creek, or directly into St. Vrain Creek, about possible leases or purchase of • • 0 2020-2050 Water Action Plan Page 29 NISP reusable return flow credits. These discussions are not planned until the NISP project is closer to delivering water, probably in 2028 or later. 6.5 ESTIMATES OF ADDITIONAL WATER NEEDED FOR DELIVERY TO SVWA TREATMENT PLANT The 2020-2050 Water Action Plan assumes that the Town is not able to acquire additional Windy Gap or C-BT water for delivery to the Carter Lake Filter Plant. It is assumed that the SVWA Treatment Plant will be required to meet all new treated water demands between 2020 and 2030. This means that the SVWA Treatment Plant will have to rely on native St. Vrain Creek sources, at least until NISP water is available. Table 18 shows the estimated amount of additional native water needed for delivery to the SVWA Treatment Plant to meet treated water demands in 2030. The table reflects the "at the meter" demand shown in Table 12, and then adds the three percent distribution system loss and the 10 percent treatment system loss to arrive at the amount of water needed to deliver to the SVWA Treatment Plant, Table 18 Estimated Additional Annual Native Water Needed, 2016-2030 to Meet 2030 Demands AF at the AF at Master AF at SVWA Individual meter (Raw Water) meter 2030 New 1,728 1,782 1,960 Demand WG Return Flow 110 114 125 ,Credits Native Water 1,618 1,668 1,835 Needed This plan assumed that the Town will be taking up to'1,300 acre-feet per year of NISP water after about year 2030. Table 19 shows the estimated amount of additional water needed between 2030 and 2050. The table includes the new demand from Table 15, and an estimated 325 acre-feet of NISP return flow credits available at the Town's wellfields. The table reflects. the 10 percent treatment system loss and the three percent distribution system loss in delivering water to the individual meters. 2020-2050 Water Action Plan Page 30 i To calculate the amount of additional water needed, Table 19 includes water from NISP and credits from NISP return flow as supplies that will be available to meet the year 2050 demands: Table 19 Estimated Additional Annual Native Water or NISP Water Needed, 2031-2050 to Meet 2050 Demands AF at the AF at Master AF at SVWA Individual meter (Raw Water) meter 2050 New 2,312 2,384. 2,622 Demand NISP 1,146 1,182 1,300 NISP return flows 287 295 325 Native Water or NISP Water 879 907 997. Needed 2020-2050 Water Action Plan Page 31 SECTION 7: PROJECTED COSTS FOR IMPLEMENTATION OF THE 2020-2050 WATER ACTION PLAN This section details the estimated costs of the individual projects planned for implementation of the 2020-2050 Water Action. Plan with more information about the individual elements. Estimates of the cash or debt financing required for the individual line items are also presented. Figure 12 shows the location of some of the major elements of the plan, including the SVWA Treatment Plant and injection well sites, as well as Firestone's Gould Well site, Brooks Pit and Firestone Reservoir No. 1. 2020-2050 Water Action Plan Page 32 • • U1 Figure 12 Location of SVWA and Firestone Facilities at Colorado Blvd. and zinnia Ave. 401, +?�' 3 �. O _ P SVWA H In-Je00cn Well Site 1 �- ^•i ` a SVWA WTP Site p Firestone Brooks Pit Res. No. 'f + ' a C 3 r 2020-2050 Water Action Plan Page 33 Table 20 shows the estimated costs of acquiring the water sources and developing the treatment and delivery systems to meet projected demands to support growth between 2020 and 2050. Costs of financing are not included in the values below. This table shows the elements of the plan that are anticipated during the 2020-2050 time period: Table 20 Estimated Costs for 5 MGD Water Supply, 2019 Dollars PROJECT —ESTIMATED COST YEAR FUNDS NEEDED . CASH oh OTHER DEBT FINANCED Alluvial Wells___ — Gould ,Nluvial Well (Phase 1) $4,10C,000 2020 $4 100,000 Mountain Shadows Park Irrigation Well $253,000 2020 $253,000 Gould Alluvial Well (Phase 2.) $1,CC0,000 _ 2027, $1,000,000 _ _Alluvial Well Site No. 2_ Alluvial Well Site No. 3 $5,100,000 �.$5,100,000 2032� � T2048 —_ $5,100,000 $5,100,000 L Other Source Water, Windy Gap $10,000,000 20_20 $10,000,000 _ Windy Gap Reuse ____ 2022 _ NJSP $39,000,000 2023 $39,000,CCO _ NISP Reuse _ 2030 St Wain Creek Diversion _ T $3,200,000 2032 �_ $3,200,000 Augmentation Infrastructure and Water Source Firestone Reservoir No.1 $f1,650,000 2020 _ $11,650,000 _ Firestone Reservoir No. 2, $4,150,000 2023 _ $4,150,000 _ Reservoir No. 2 Plumbing _ — $4,970,000 _� 2024 $4,970,000 _ Native Water Rights_ $8,350,000 2022 — $8,350,000. Native Water Rights �� r _ _ $10,000,000 2027 . ... µ $10,000,000 Native Water Rights— $9,970,000 2032 Water Treatment 1.5 MGD WTP (Phase Ia.� $27,850,000 Y 2020 $27,850,000 2.25 MGD WTP (Phase tl- } $1,000,000. 2030 — $1,000,000 5 MGD WTP ((Phase 2) �$12,000,000 2041 $1-2,000,0CC Pipelines and Tanks Blend Pipeline (Phase 1)— $3,990,000 _ 2020 $3,990,000 1.5 MG Elevated Tank $4,539,000 2024 mm — $4,539,000_ _ Blend Pipeline (Phase 2) $5,130,00_0 2026 _— $5,130,00-3 NISP Pipeline _ _ $2,510,000 • . 2028 $2,510,000 Non -Potable Irrigation_ Phase 1 Irrigation System T _$1,120,000 2021 $1,120,000 _ Mountain Shadows Park Irrigation Well $253,000 2020 _ $253,000 Native Water Rights (Phase 1 _ $1500000 2020 _ $1,500,000 — __— Phase 2 Irrigation System $2,000,000 2023 $2,000,000 Central Park Reservoir and Supply $4,891,000 2028 $4,891,004 Total Estimated Cast for 5.MGD Water Supply $183,626,000 i �27,250,000 $156,376,000 �_ - _ _ i ------ _-� - - 2020-2050 Water Action Plan Page 34 • • 0 7.1 CENTRAL WELD CARTER LAKE FILTER PLANT In this action plan, the Town assumes that Central Weld will continue to treat all of the Town's C-BT and Windy Gap supplies at the Carter Lake Filter Plant. This supply currently totals about 3,200 acre-feet per year, as shown in Table 16. Raw water delivered by NISP may eventually be treated by either Central Weld or SVWA. To the Town's knowledge neither entity has yet developed a definite plan for treating NISP water. The Town does not anticipate making a decision on this until after 2022. For planning purposes, this action plan assumes that NISP water will be treated by the SVWA. This action plan assumes there is no expansion of the existing treatment or distribution system that is used to deliver water from the Carter Lake Filter Plant to the Town of Firestone. 7.2 OTHER SOURCE WATER —WINDY GAP AND NISP The Town has acquired five units of Windy Gap project water, and is subscribed to the NISP project for an annual supply of 1,300 acre-feet. Return flow credits from Windy Gap are estimated at 125 acre-feet per year and return flow credits from NISP are estimated at 325 acre-feet per year. Table 21 shows the estimated cost and year that funds are needed for these water sources. The $10,000,000 of cost listed for Windy Gap in 2020 was paid by the Town with cash. This table also shows the dates when the Windy Gap and NISP return flow credits are anticipated to be available to the Town. Table 21 Cash and Debt Financing Needs Other Water Sources PROJECT ESTIMATED COST YEAR FUNDS NEEDED GASH or OTHER DEBT FINANCED Other Source Water Windy Gap $10,000,000 2020 $10,000,000 Windy Gap Reuse 2022 _ NISP $39,000,000 2023 $39,000,DDD _ NISP Reuse 2030 St Wain Creek Diversion $3,200,000 2032 $3,200,000 Total Other source Water $52,200,000 $10,000,000 $42,200,000 7.3 ALLUVIAL WELL SYSTEMS The Town is developing an alluvial well .system on the Gould parcel that will pump groundwater from the St. Wain Creek alluvium for delivery to the S'JWA treatment plant. The horizontal well that will be installed on the Gould property is in the final design and permitting stage, and is expected to be installed in 2020 and then expanded by 2027. One additional alluvial wellfield is planned for installation in about 2032, with a third wellfield to be installed in about 2048. An additional wellfield may be required after 2050. An alternative to one or more of these wellfields is a direct diversion from the St. Wain Creek at the Firestone -St. Vrain Pump Station, For budgeting purposes, only the alluvial wellfelds are shown in the cost table below. Table 22 shows the estimated cost and the year that funds are needed for the alluvial wellfield systems. • 2020-2050 Water Action Plan Table 22 Cash and Debt Financing Needs 'Alluvial Well Systems PROJECT ESTIMATI=D COST YEAR FUNDS NEEDED CASH or OTHER DEBT FINANCED. Alluvial Wells Gould Alluvial Well (Phase 1) $4,100,000 2020 $4,106,000 Mountain Shadows Park Irrigation Well $253,000 2020 $253,000 Gould Alluvial Well (Phase 2) $1,000,000 2027 $1,000,000 Alluvial Well Site No. 2 $5,100,000 2032 .. $5,100,000 Alluvial Well Site No. 3 $5,100,000 2048 $5,100,000 Total Alluvial Wells $15,553,000 $4,100,000 $11,453,000 7.4 AUGMENTATION INFRASTRUCTURE AND WATER SOURCES The Town is developing the Firestone Reservoir No. 1 as a non -potable irrigation reservoir and an augmentation reservoir. In addition to being operated to support the non -potable irrigation system it will serve to replace return flows required as part of the change case and facilitate necessary replacements under the augmentation plan. Under the terms of the change case and augmentation plan the reservoir will make releases to St. Vrain Creek to replace historical return flows from native water rights that have been changed to municipal uses. It will also be used to deliver water to St. Vrain. Creek to augment out -of -priority pumping from the irrigation wells and the alluvial wells that will feed the St. Vrain Water Authority Treatment Plant. The Town has an option to purchase the Brooks Pit, located next to Firestone Reservoir No. 1. The mining operation. at the Brooks Pit is expected to be completed in the next three to five years. The Town is projecting that it will purchase the Brooks Pit in 2023 and it will add the infrastructure to convert it to Firestone Reservoir No. 2 in 2024. The Town is planning to purchase native St. Vrain Creek water rights to be used to increase the amount of augmentation water available to the Town. A total of $28,320,000 is allocated for the acquisition of 2,832 acre-feet of native supplies. Those water rights will be changed in water court, and the water from those native sources will be delivered to the Town's reservoirs for operation of the augmentation plan. 2020-2050 Water Action Plan Page 36 C` Table 23 shows the estimated cost and the year that funds are needed for the augmentation sources and projects. Costs labeled as cash or other were funded by the Town prior to 2020. Table 23 Cash and Debt Financing Needs Augmentation Infrastructure and Water Sources PROJECT ESTIMATED COST E-A—R 0Ni s NEEDED CASH or _ OTHER DEB FINANCED Aucqimentation Infrastructure and Water Source Firestone Reservoir No. 1 $11,650,000 2020 $11,650,000 Firestone Reservoir No. 2 $4,150,000 2023 $4,150,000 Reservoir No. 2 Plumbing $4,970,000 2024 $4,970,000 Native Water Rights $8,350,000 1 2022 1 $8,350.00a Native Water Rights $10,000,000 2027 $10,000,00a _ Native Water Rights $9,970,000 2032 $9,970,000 Total Alluvial Wells $49,090,000 $11,650,000 $37,440,000 7.5 NON -POTABLE IRRIGATION SYSTEM The Town has purchased water rights and facilities to begin the development of a non -potable system for irrigation of parks and other open space areas. The Town purchased shares in the Lower Boulder Ditch Company and the Rural Ditch Company to support the non potable irrigation system demands. These shares were cash purchased prior to 2020. The irrigation well installation in the Mountain Shadows Park is scheduled for completion in 2020. The first phase of the distribution system to deliver non -potable water from Firestone Reservoir No.1 to other parks is planned for 2021, The irrigation system is scheduled to expand by installing additional delivery pipeline in 2023. The non -potable irrigation system is also scheduled to add an additional 100 acre-feet of storage at the Central Park Reservoir in about 2028 to continue the implementation of the plan. Table 24 shows the estimated costs and financing needs for the non -potable irrigation system. Table 24 Cash and Debt Financing Needs Non -Potable Irrigation System PROJECT ESTIMATED COST YEAR FUNDS NEEDED CASH or OTHER DEBT FINANCED Non -Potable Irrigation Phase 1 Irrigation System $1,120,000 2021 $1,120,000 Mountain Shadows Park Irrigation Well $253,000 2020 $253,000 _ Native Water Rights (Phase 1) $1,500,000 2020 $1,500,000 Phase 2 Irrigation System $2,000,000 1 2023 $2,000,000 _ Central Park Reservoir and Supply $4,891,000 2028 $4,891,000 Total Non -Potable System $9,764,000 $1,500,000 $8,264,000 2020-2050 Water Action Plan Page 37 • 7.6 ST. VRAIN WATER AUTHORITY WATER TREATMENT PLANT The SVWA treatment plant is in the final design and permitting stage; construction is expected to start in the 31d quarter of 2020. Firestone is paying for all of the SVWA facilities, and will contribute the facilities in -kind instead of paying a . plant investment fee. The treatment plant will contain pre-treatment, ultrafiltration, reverse osmosis filtration and disinfection technologies, along with all the required tanks, pumps, and other infrastructure necessary to operate the plant. The treatment plant technologies were selected so that the plant may treat St. Vrain Creek alluvial ground water sources or St. Vrain Creek surface water sources. The current plan is to use alluvial ground water sources in the first phase of the treatment plant operation. The water treatment plant is being designed to facilitate expansion to an ultimate capacity of 5 million gallons per day (MGD). It will be developed in phases that allow capacity to expand as the population and water demand grows. Phase 1a will construct treatment capacity of 1.5 MGD. The entire Phase 1a capacity is currently dedicated to Firestone's needs, The SVWA plant capacity will be expanded to 2.25 MGD in Phase 1 b, Phase 2 will add facilities to reach the total 5 MGD capacity. Table 25 Cash and Debt Financing Needs Water Treatment Plant and Delivery System PROJECT ESTIMATED COST YE R F NDS NEEDED CASH or OTHER DEB FINANCED Water Treatment 1,5 MGD VVTP (Phase 1a) $27,850,000 2020 $27,850,000 2.25 MGD VVTP (Phase 1b) $1,000,000 2030 $1,000,000 5 MGD WTP (Phase 2) $12,000,000 2041 1 $12,0001000 Total Water Treatment $40,850,000 $0 $40,850,000 7.7 PIPELINES AND TANKS The delivery system and storage needed to distribute treated water from the SVWA treatment plant to the Town of Firestone includes a "blend pipeline" to connect to the lower water pressure zones near the treatment plant, to be built at the beginning of Phase 1 in 2020. As daily water demands grow, a new 1.5 million gallon treated water storage tank and the pipeline to deliver treated water to the storage tank will be constructed. Storage tank construction and extension of the pipeline to serve the new tank are expected to occur in 2024 and 2026, respectively. In addition to the above treated water facilities, a raw water pipeline is planned to deliver NISP water from the NISP pipeline terminus at County Road 13 and Highway 66 to the St. Vrain Water Authority plant. Current planning is to install the NISP raw water pipeline in 2028. 0 2020-2050 Water Action Plan Page 38 Table 26 shows the estimated costs for pipelines and the treated water storage tank. Table 26 Cash and Debt Financing Needs Pipelines and Tanks PROJECT ESTIMATED COST YEAR FUNi3S NEEDED CASH or OTHER DEBT FINANCED Pi elines and Tanks Blend Pipeline (Phase 1) $3,990,000 2020 $3,990,000 1.5 MG Elevated Tank $4,539,000 2024 $4,539,000 Blend Pipeline (Phase 2) $5,130,000 1 2026 $5,130,000 NISP Pipeline $2,510,000 1 2028 $2,510,000 Total Pipelines and Tanks $16,169,000 1 $0 1 $16,169,000 7.8 SUMMARY OF PROJECT COSTS BY PROJECT TYPE Table 27 summarizes the cost and financing needs for the 2020-2050 period, by project type. Table 27 Cash and Debt Financing Needs Summary of Project Costs by Project Type PROJECT TYPE ESTIMATED COST _ CASH or OTHER . DEBT FINANCED Other Source Water $52,200,000 $10,000,000 $42,200,000 Alluvial Wells $15,553.000 $4,100,000 $11,453,000 Augmentation Infrastructure and Water Sources $49,090,000 $11,650,000 $37,440,000 Non -Potable Irrigation $9,764,00.0. $1,500,000 $8,264,000 Water Treatment $40,850,000 $0 $40,860,000 Pipelines and Tanks $16,169,000 $0 $16,169,000 Total Costs 2020-2050 $183,626,000 $27,250,000 $156,376,000 G 2020-2050 Water Action Plan Page 39 SECTION 8: PHASED IMPLEMENTATION OF THE 2020--2050 WATER ACTION PLAN The current plans for phasing the development of the Firestone water system, based on total SVWA treatment plant capacity and time frame of development is: Phase 1a: 1.5 MGD treatment capacity, funding and construction in years 2020---2024; Phase 1 b: 2.25 MGD treatment capacity, funding and construction in years 2025-2030; and Phase 2: 5 MGD treatment capacity, funding and construction in years 2031-2050. 8.1 2020-2024: PHASE 1 a Phase 1 a will generally consist of: • Purchasing and developing the infrastructure for Firestone Reservoir No. 1; - • Purchasing five units of Windy Gap water; • Purchasing native St. Vrain Creek water rights to support non -potable irrigation and future augmentation needs; Building the alluvial well system to irrigate Mountain Shadows Park; S • Building the first phases of the non -potable irrigation delivery system; • Building the 1.5 MGD St. Vrain Water Authority Treatment Plant; Building the Gould alluvial horizontal well; • Building the pipeline to deliver treated water from the plant; • Purchasing and developing the infrastructure for Firestone Reservoir No. 2; • Funding the NISP project at the 1,300 acre-feet subscription level; Building the pipeline to deliver water to the 1.5 million gallon tank; and • Building the 1.5 million gallon treated water storage tank. .. - The first phase of the treatment plant is being designed to produce 1.5 MGD. The estimated cost of the 1.5 MGD Phase 1a water treatment plant is about $27.9 million, which includes land, the treatment plant, and a deep injection well to dispose of reverse osmosis reject water. The Phase 1 a treatment plant is designed to support a growth in population of about 8,000 people. The native water rights that will be acquired in Phase 1a will be included in an augmentation plan that will enable the wells that supply the non -potable irrigation system and the SVWA treatment plant to divert groundwater from the St. Vrain Creek alluvial aquifer. In addition, reusable return flow credits from Windy Gap and other sources of water that are fully consumable will be included in the augmentation plan. These sources will allow decreed augmentation credits to offset depletions to St. Vrain Creek caused by pumping of alluvial groundwater from the wells, which are junior (2019) water rights. 2020-2050 Water Action Plan Page 40 Table 28 summarizes the cash and debt financing needs for Phase la in 2020 through 2022 and Table 29 summarizes the needs for Phase 1a in 2023-2024. Table 28 Cash and Debt Financing Needs Phase la Project Costs 2020-2022 PROJECT - - _ ESTIMATED COST YEAR FUNDS NEEDED CASH or OTHER DEBT FINANCED 2020-2022_ I I Gould Alluvial Well (Phase 1) $4,100,000 2020 $4,100,000 Mountain Shadows Park Irrigation Well $253,000 2020 $253,000 Windy Gap $10,000,000 2020 $10,000,000 Firestone Reservoir No.1' $11,650,000 2020 $11,650,000 1.5 MGD WTP (Phase 1a) $27,850,000 2020 $27,850,000 Bland Pipeline (Phase 1) $3,990,000 2020 $3,990,000 Mountain Shadows Park Irrigation Weil $253,000 2020 $253,000 Native Water Rights (Phase 1) $1,500,000 2020 $1,500,000 Phase 1 Irrigation System $1,120,000 2021 $1,120,000 Windy Gap Reuse 2022 Native Water Rights $8,350,000 2022 $8,350,000 Total Costs 2020-2022 $69,066,000 $27,250,000 $41,816,000 Table 29 Cash and Debt Financing Needs Phase I Project Costs 2023-2024 PROJECT ESTIMATED COST YEAR FUNDS NEEDED CASH or OTHER DEBT FINANCED _J 2023--2024 1 I NISP $39,000,000 2023 $39,000,000 Firestone Reservoir No. 2 $4,150,000 2023 $4,150,000. _ Phase 2 Irrigation System $2,000,000 2023 $2,000,000 Reservoir No. 2 Plumbing $4,970,000 2024 $4,970,000 _ 1.5 MG Elevated Tank $4,539,000 2024 $4,539,000 Total Costs 2020-2022 $54,659,000 $0 $54,659,000 2020---2050 Water Action Plan Page 41 8.2 2025--2030: PHASE I b Phase 1 b will include: Extension of the treated water pipeline from the SVWA treatment plant to the new storage tank; • Expansion of the Gould alluvial horizontal well; • Purchase of additional native water rights; • Construction of the raw water pipeline to deliver NISP water to the SVWA treatment plant; Construction of Central Park Reservoir; and • Addition of filter elements within the treatment plant to expand the capacity to 2.25 MGD. The 0.75 MGD capacity expansion of capacity is expected to serve a growth in population of about 4,000 people. As mentioned above, NISP water is assumed to be delivered to the SVWA treatment plant for treatment. The final decision about where Firestone's NISP water will be treated is not expected to be finalized until after 2022; this plan assumes construction of the pipeline to deliver NISP raw water to the SVWA during Phase 1 b. The native. water rights acquired in Phase I will be included in the Town's augmentation plan to allow additional pumping from the Gould well and future wellfields. Table 30 summarizes the cash and debt financing needs for Phase 1 b, Table 30 Cash and Debt Financing Needs. Phase lb Project Costs 2025-2030 PROJECT ESTIMATED COST YEAR l UNDS NEEDED CASH or OTHER DEB FINANCED 2025--2030 1 h I Blend Pipeline (Phase 2) $5,130,000 2026 $5,130,000 Gould Alluvial Well (Phase 2). $1,000,000 2027 $1,000,000 Native Water Rights $10,000,000 2027 $10,003,000 NISP Pipeline $2,510,000 2028 $2,510,000 Central Park Reservoir and Supply $4,891,000 2028 $4,891,000 2.25 MGD WTP (Phase 1b) $1,000,000 2030 $1,000,000 Total Costs 2025-20230 . $24,531,000 $0 $24,531,000 • 2020-2050 Water Action Plan Page 42 8.3 2031--2050: PHASE 2 Phase 2 will include: • Addition of two new alluvial wellfields to supply raw water to the SVWA Treatment Plant; • Expansion of the treatment plant to a total capacity of 5.0 MGD; • Construction of the St. Vrain Creek diversion and pump station; and • Purchase of additional native water rights. The 2.75 MGD capacity expansion of capacity is expected to serve a growth in population of about 15,000 people. The native water rights acquired in Phase 2 will be included in the Town's augmentation plan to allow additional pumping from the Gould well and future wells. Table 39 Cash and Debt Financing Needs Phase 2 Project Costs 2031-2050 PROJECT ESTIMATiwD COST YEAR FUNDS NEEDED CASH or dTIfER DEBT FINANCED 2031--2050 I I I Alluvial Well Site No. 2 $5,100,000 2032 $5,100,000 St Vrain Creek Diversion $3,200,000 2032 $3,200,000 _ Native Water Rights $9,970,000 2032 $9W0,000 5 MGD WTP (Phase 2) $12,000,000 2041 $12,000,000 Alluvial Well Site No. 3 $5,100,000 2048 $5,100,000 Total Costs2031--2050 $35,370,000 $0 $35,370,000 f� "A 2020-2050 Water Action Plan Page 43 SECTION 9. SINGLE FAMILY EQUIVALENT TAPS When the Town can sell water taps for users in the Firestone service area that will be served treated water from the SVWA water treatment plant, all of those tap fees will be used to support future projects or payment of debt. Table 32, below (based on data in Tables 12 and 14) shows the amount of new raw water supply needed for mixed use, commercial and residential uses -all uses except irrigation of parks and open space. The far right column in Table 31 shows the estimated number of equivalent single family residential taps (at 0.6 acre-feet per tap) that can be supported by the amount of raw water that will be acquired for delivery to the treatment plant and available to support commercial and residential uses. Table 32 Mixed Use, Commercial and Residential Water Demand and Estimated Single Family Equivalent Taps Equivalent Time Period At the Meter, At the Master To Treatment Single Family AF Meter, AF Plant, AF Taps 2016--2030 1,645 1,695 1,865 31108 2031--2050 2,200 2,269 2,495 4,159 2016--2050 3,845 3,964 4,360 7,267 The new raw water supplies that will support treated water delivery total about 4,360 acre-feet in Phases 1a, Phase lb and Phase 2. This supply will support the equivalent of about 7,270 single family equivalent water taps. The Town will conduct a rate and fee analysis in 2021 to evaluate a revision to the current tap fee structure and the water dedication requirement. The Town will likely develop a cash -in -lieu of water dedication option as well. r 2020-2050 Water Action Plan : Page 44 SECTION 10: REFERENCES Links to reference materials available on Firestone website: 2010 Potable Water Master Plan httos:llwww.firestoneco.gov/DocumentCenterNiew/47/Potable-Water-Master-Plan?bitl ld= 2010 Raw Water Irrigation System Master Plan hft s:l/www.firestoneco. ov/DocumentCenterNiew/48/Raw-Water-irdi ation-S stem-Master- Plan?bitlld= 2015 Water Efficiency Master Plan https:llwww.firestoneco.govlDocumentCenter/View/2033/Firestone-MWEP-Update-Report-v1-28- 2015?bidld= 2018 Land Use Map htt s://www,firestoneco. ov/DocumentCenter/View/51/Land-Use-Ma ?bitlld= 2018 Zoning Map hft s://www.firestoneco. ov/DocumentCenterNiew/52/Zonin -Ma ?bidld= 2019 Growth Boundary hfps:/Awww.firestoneco.govlDocumentCenterNiew/2601IFirestone-Growth-Boundary-Map?bidIdr 2018 Water Rate Study https:llwww.firestoneco.gov/DocumentCenterNiew/5482/2018-Water-Rate-Study-Update Links to reference sources: NCWCD Resolution D-962-02-95 hUps:llwww.northernwater.orgldocsiAllotteelnfo/LimitationsOnOwner8hi l995D9620295.odf NCWCD C-BT https:llwww.northernwater,orgfwaterPro'ectslC-BTProiect.aspx NCWCD NISP hUps:/IwwW.northernwater.org/WaterPro'ects/NISP.aspx/ State Demography Office population data https:lldemography.dola.colorado.gov/population/ RESOLUTION NO.20-40 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, EXTENDING THE TOWN OF FIRESTONE'S MARCH 18, 2020 DECLARATION OF LOCAL DISASTER REGARDING COVID-19 WHEREAS, pursuant to C.R.S. § 24-33.5-709, on March 18, 2020, the Town Manager of the Town of Firestone ("Town") declared a local disaster ("Declaration"); and WHEREAS, pursuant to C.R.S. § 24-33.5-709(1), the Declaration shall not be continued or renewed for a period in excess of seven days except by or with the consent of the Town of Firestone's Board of Trustees (`Board of Trustees"); and WHEREAS, the Board of Trustees finds that it is appropriate and in the interests of the public health, safety and welfare, and would further protect property, for the Board of Trustees to ratify the actions of the Town Manager and to extend the Declaration until such time as the Board of Trustees terminates such Declaration. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: • 1. That the Board of Trustees hereby adopts and incorporates herein the recitals in the Town of Firestone's March 18, 2020, Declaration of Local Disaster and confirms, determines, and declares that there is a local disaster in the Town due to the occurrence of the imminent threat of widespread or severe injury or loss of life or property resulting from the COVID- 19 pandemic, including the presence and likelihood of cases in the Town, requiring emergency action to avert danger or damage. 2. That the effect of this Resolution and Declaration shall be for the Town to continue the response and recovery aspects of its Emergency Operation Plan known as the Carbon Valley Emergency Operation Plan, and all other applicable local and interjurisdictional disaster emergency plans, and to seek and authorize the furnishing of aid and assistance under such plans. 3. That the Town Manager is directed and authorized to continue coordination with internal and external partners and to direct Town staff as appropriate and necessary to address the local disaster and its impacts related to protection of the public's health, safety, welfare and property. 4. That the Board of Trustees directs the Town Manager to implement steps for the continuity of municipal services. . 5. That the Board of Trustees hereby ratifies and adopts the actions of the Town Manager and extends the March 18, 2020, Declaration of Local Disaster, until such time as the Board of Trustees terminates such Declaration. 6. The Town Clerk is directed to immediately publish and file copies of this Resolution and the Town Manager's March 18, 2020, Declaration of Disaster with the Weld County Emergency Manager, the Colorado Office of Emergency Management, and the Weld County Clerk and Recorder. INTRODUCED, READ AND ADOPTED this 25th day of March, 2020. IREST� TOWN OF FIRESTONE, COLORADO 6024 r BAN Sin, ar, Mayor. 0 a RESOLUTION NO.20-41. A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND TIMBERLAN SMALL BUSINESS GROUP, INC., FOR PROFESSIONAL INFORMATION TECHNOLOGY SERVICES WHEREAS, TixxaberLAN Small Business Group; Inc., has been providing Information Technology ("IT") Services to the Town of Firestone ("Town°') on an annual basis since 2007; and WHEREAS; in negotiating terms for the agreement's annual renewal, the Town; •as part of its updating of administrative procedures, desires to use its current Professional Services Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF TBE TOWN OF FIRESTONE, COLORADO: The Professional TT Services Agreement between the Town of Firestone and TimberLAN Small Business Group, Inc., is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 8th day .ofApril, 2020. k�RsTON TOWN OF FIRESTONE, COLORADO . TOWN SEAL SEAL I° o ,o� Bobbi Sindelar, Mayor 4�N7 Y. ATTEST: Jessica Koe `g, Clerk ;PVRD S TO FORM: William ayashi, Town Attorney r] AGREEMENT FOR PROFESSIONAL, SERVICES' THIS AGREEMENT FOR PROFESSIONAL SERVICES (the 'Agreement") is made and entered into this 12th day of March, 2020 (the °Ef tective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 151 Grant Avenue, P.O. Box 100, Firestone, Colorado 80520 (the "Town"), and TIMBERLAN SMALL BUSINESS GROUP, INC.,.an independent contractor with a principal place of business at 191 University Blvd, Suit 313 Denver, Colorado 80206. WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town .as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE., for.the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I: SCOPE OF SERVICES A. Contractor shall -furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference and known as: Annual IT Services. is ,B. A change in the Scope of Services shall riot be effective unless authorized as an amendment to this Agreement, If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. n U II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Rate, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall 'pay Contractor an amount not to exceed $290,100.00. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt. Page 1 of 9 Ja- FIRESTONE L_J IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar'type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Because the Town has hired Contractorfor its professional expertise, Contractor agrees not to employ subcontractors to perform any work except as expressly set forth in the Scope of Services. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by. Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a 'work made for hire." To the extent, if at all, .that it does not constitute a "work made for hire," M Contractor hereby transfers,.sells, and assigns to the Town all of its right, title, and interest in such work. The Town'may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. If the Town reuses or makes any modification to Consultant's designs, documents or work product Without the prior written authorization of Consultant, the Town agrees, to the fullest extent permitted by law, to release _the Consultant, its officers, directors, employees and sub -.consultants from all claims and causes of action arising from such uses, and shall indemnify and hold them harmless from all costs and expenses, including the cost of defense, related to claims and causes of -action to the extent such costs and expenses arise from the Town's modification or reuse of the documents. The Town expressly acknowledges and agrees that .the 'documents and data to be provided by Consultant under the Agreement may contain .certain design details, features and concepts from the Consultant's own practice detail library, which collectively may form portions of the design for the Project, but which separately, are, and shall remain, the sole and exclusive property of Consultant. Nothing herein shall be construed as a limitation on'the Consultant's right to re -use such component design details, features and concepts on other projects, in other contexts or for other clients. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. Page 2 of 9 FIRESTONE VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, -a policy or policies of insurance .sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms. and insurers acceptable to the Town. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1;000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury {including coverage for contractualand employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. B. Such insurance shall be in addition ,to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any .claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carded by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. Vill. INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including Without limitation claims arising from bodily injury, personal injury; sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage Is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractors liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. • Page 3 of 9 FIRESTONE U B. if Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractors obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault .has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5- 102(8)(c). IX. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowing ly.employ or contract with ail illegal alien who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who.are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall "not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. ,C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2. Contractor shall. not use the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed, 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing .or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted With an illegal alien who is performing work under this Agreement. D. Duty to_Comply with Investigations. Contractor "shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms.of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who Page 4 of 9 i FIRESTONE ri U perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto, X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the.State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement, C: Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There -are no intended third -party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United _States Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason,'the remaining provisions hereof shall remain in full force and . effect. 11 G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other•. 1. Governmental Immunity. The Town and its officers, attorneys and employees, 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 or protections provided by the Colorado GoVerrimental 1MMunity Act, C.R.S. § 24- 10-101, et-seg., as amended, or otherwise available to the Town and its officers; attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in Addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subjectto Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation. of the Town not performed during the current fiscal year is subject to annual { appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. L. Representative Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute the Agreement. Page 5 of 9 FIRESTONE i IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Dale. BONE TOWN OF FIRESTONE, COLORADO r N p Jo May or Sinde r ATTEST: J 7svKoenig, Town - 31ROATOFORM: William hi, Town Attorney TIMBE -.'LAN .. By: � • NO EMPLOYEE ►A'FFIDAVIT To be completed.only if Contractor has no employees 9. Check and complete one: ❑ I, am, a sole proprietor doing business as I do not currently employ any individuals. Should l employ any employees during the term of my Agreement with the Town of Firestone (the "Town"), I certify that ! will comply with the lawful presence verification requirements outlined in that Agreement, OR ❑ 1, am the sole owner/member/shareholder of a [specify 'type of entity — i.e., corporation, limited liability companyj, that "does not.currently employ any individuals. Should] employ -any individuals during the te. rrn of my Agreement with the Town, I certify that i will ,comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. ❑ I am a United States citizen .or legal permanent resident. The Town must verify this statement by reviewing one of the following items: . ® A valid Colorado d river's license or a :Colorado identification card; a A United States military card or a military dependent's identification card; • A United States Coast Guard Merchant Mariner card; ® A Native American tribal document; ® In the case of a resident of another state, the driver's license or state -issued identification card from the state -of residence, if that state requires the applicant to prove_ lawful presence prior to the issuance of the identification card; or • Any other documents or combination of documents listed in :the Town's "Acceptable Documents for Lawful Presence Verification' chart that 'prove both .Contractor's citizenship/lawfUl presence and identity. OR • ❑ I am otherwise lawfully present in the United States pursuant to federal low. Contractor most verify this statement through the federal Systematic Alien Verification of Entitlement ('SAVE') program, and provide such verification to the Town. Signature Date Page 7 of 9 FIRESTONE DEPARTMENT PROGRAM AFFIDAVIT To he corripleled only If Contractor part ldpates,M -the Depadment of Labor Lawful Presence Verification Program as a public contractor under contract with the Town of Firestone (the. "Town"), hereby affirm that: 1 1, have eka.rnined or will examine -the legal work status of 811 employees who are newly hired. for employment to perform work under this public contract for services ("Agreement") with the Town'within i 20.days after such hiring date, 2. 1 have retained or Will retain file copies of all docy.m.e.nts required by 8 U.S.C. § 1.324a, which verify' the employment eligibility and identity of newly hired employees Who perform work under this Agre'-.eaj.eht; and 1. 1 have, not and will not after :or :falsify the identification- d6buTh6ntg.for my' newly 'hired employees who perform work Wderlhis Agreernehi.. Signature ture Date STATE OF COLORAIDO COUNTY OF. The foregoing :instrument ,was subscribed, sWofti to (Or affirmed) before me this day pf '2020, by as Of My commission expires:, (SEAL) Notary Public Pag6 8 of 0 FIRKS]" EXHIBIT A SCOPE OF SERVICES Contractor's Duties During the term of this Agreement, Contractor shall perform the following duties, as directed by the Town: Professional Services: Annual IT Service Agreement - Timberl-AN $ 120,000.00 TH Construction project-TimberLAN $ 10,000.00 PW Remodel and Expansion project-TimberLAN $ . 5,000.00 Cell Phone Management - Tlmberl-AN $ 9,600.00 PD MDT & Video Support - TimberLAN $ 16,000.00 Service Subscriptions/Maintenance: VDI Subscriptions - Timberl-AN $ 49,000.00 Virus, Spam & Endpoint Security $ 11,500.00 Hosted Services: Disaster Recovery & Remote Backup - Timberl-AN $ 70,000.00 t Page 9 of 9 i i FIRESTONE RESOLUTION NO.20-42 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN ADDENDUM TO THE TOWN OF FIRESTONE AND SAFEBUILT COLORADO LLC BUILDING INSPECTION SERVICES AGREEMENT WHEREAS, SAFEbuilt Colorado LLC d/b/a SAFEbuilt Colorado Inc: {" SAFEbuilt") has been providing building inspection services for the Town of Firestone ("Town") since July 2011; and WHEREAS, to provide more efficient inspection services, the parties desire to amend Attachment A of the Building Inspection Services Agreement to provide that services will be performed during normal business hours Monday —Friday, excluding Town holidays and that inspections requested before 4:00 p.m., will be completed the following business day, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Addendum to the Town of Firestone and SAFEbuilt Colorado LLC Building Inspection Services Agreement is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Addendum . on behalf of the Town. INTRODUCED, READ AND ADOPTED this 8th day of April, 2020. TOWN OF FIRESTONE, COLORADO 4eaaw 2NF EAg o Bobbi Sindelar, Mayor ATTEST: 9��(/ l Jessica KoenfR Town Clerk A R AS TO FORM: WilliaXqyayashi, Town Attorney 0 SECOND ADDENDUM TO AGREEMENT . BETWEEN TOWN OF FIRESTONE, COLORADO AND SAFEbuilt COLORADO, LLC • Addendum to the Agreement effective July 15, 2011, between Town of Firestone, (Town) and SAFEbuilt Colorado, LLC, formerly known as SAFEbuilt Colorado, Incorporated, (Corporation). Town and Corporation shall be jointly referred to as the "Parties". Addendum Effective Date: Addendum shall be effective on April 01, 2020, following execution by both Parties. RECITALS AND REPRESENTATIONS Town and Corporation entered into an Agreement (Agreement), by which both Parties established the terms and conditions for service delivery effective July 15, 2011; and On March 01, 2012, Town and Corporation instituted Addendum One to the Agreement to add business and contractor licensing; and Parties hereto now desire to amend the Agreement as set forth herein; and NOW, THEREFORE Agreement, Attachment A, List of Services Provided, inspection request deliverables shall be amended as follows; and 1. Perform Services during normal business hours (40); Monday through Friday; excluding Municipal holidays. NSPECTION SERVICES Inspections requested before 4:00 p.m. will be completed the following business day The original Agreement, Exhibits and terms shall remain in effect, to the extent not modified by Addendum. IN WITNESS HEREOF, the undersigned have caused this Addendum to be executed in their respective names on the dates hereinafter enumerated. 10,r� March 12 2020 Thomas P. Wilkas, CFO Date SAFEbuilt Colorado, LLC 4`�'��7.` 4- April 8, 2020 Signature Town of Firestone, Colorado Bobbi Sindelar, Mayor Name & Title Date AGREEMENT SECOND ADDENDUM Page 1 of 1 RESOLUTION NO.20-43 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING PARTIAL RELEASE OF LAND FROM SUBDIVISION AGREEMENT FOR LOT 3, OAK MEADOWS VILLAGE SUBDIVISION WHEREAS, the Town entered into that certain Subdivision Agreement for the development of Oak Meadows Village Subdivision (the "Agreement") dated July 5, 2006, and recorded in the Office of the Weld County Clerk and Recorder on July 28, 2006 at Reception No. 3406698; and WHEREAS, the Agreement includes real property legally described as Lot 3, Oak Meadows Village, Town of Firestone, County of Weld, State of Colorado (the "Property"); and WHEREAS, Owner, Oak Meadows Commercial LLC, is under contract to .sell the Property to Contract Purchaser, CBH Properties, LLC, and Owner desires to release the Property from certain terms and conditions of the Agreement; and WHEREAS, the Board of Trustees wishes to authorize the execution of an "Partial Release of Land from ,Subdivision Agreement" with Owner to accommodate the sale of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Partial Release of Land from Subdivision Agreement for Lot 3; Oak Meadows Village is approved in substantially the same form as the copy attached hereto and made a part of this resolution. The Mayor is authorized to execute the partial release on behalf of the Town. INTRODUCED, READ AND ADOPTED this 8th day of April, 2020. TOWN OF FIRESTONE, COLORADO Bobbi Sindelar, Mayor ATTEST: Jessica Koenig, Town Clerk TO FORM: Y r Y Will0w.qayashi, Town Attorney I f 4617538 08/07/2020 04:13 PM Total Pages: 5 Rec Fee: $33.00 Carly Koppes - Cleric and Recorder, Weld County, CO After recording, return to: Schelwat Law, LLC 16350 E. Arapahoe Road, Suite 108-102 Foxfeld, CO 80016 PARTIAL RELEASE OF LAND FROM SUBDIVISION AGREEMENT [OAK MEADOWS VILLAGE] THIS PARTIAL RELEASE OF LAND FROM SUBDWISI�REEMEN�iT ('Partial Release") is made and entered into this day of 020, by and between the Town of Firestone, Colorado, a Colorado statutory town, and Oak Meadows Commercial. LLC, a Colorado limited liability comnany ("Owner"), and CBH Properties Firestone, LLC. a Colorado limited liabili company ("Contract Purchaser). WHEREAS, the Town entered into that certain Subdivision Agreement for the development of Oak Meadows Village Subdivision (the "Agreement") dated July 5, 2006, and recorded in the Office of the Weld County Clerk and Recorder on July 28, 2006 at Reception No. 3406698; and WHEREAS, the Agreement includes real property legally described as Lot 3, Oak Meadows Village, Town of Firestone, County of Weld, State of Colorado (the "Property"); and • WHEREAS, Owner is under contract to sell the Property to Contract Purchaser, and Owner desires to release the Property from certain terms and conditions of the Agreement; and WHEREAS, Section 8.13 of the Agreement requires Owner to provide to the Town written request of any release of all or any portion of the terms, conditions and obligations of the Agreement; and WHEREAS, Section 8.13 of the Agreement further provides that the Town, execute an instrument in recordable form affirming such release. NOW, THEREFORE, in consideration of the mutual promises, covenants, terms, and conditions set forth herein, the parties agree as follows: I . Except as provided in paragraph 3. below, the Town does hereby release Owner from the terms, conditions, and obligations of the Agreement, but only to the extent such terms, conditions and obligations apply to the Property. 2. In no event shall this Partial Release include any other platted lots or property within the Oak Meadows Village Subdivision, and the Agreement shall remain in full force and effect with respect to the remaining platted lots and property within the Oak Meadows Village Subdivision subject to the Agreement not previously released from the Agreement. 3. The provisions contained in Section 4.3 of the Agreement shall remain in full force and effect for the Property. I_ -I LJ 4617538 08/07/2020 04:13 PM Page 3of5 • OWNER OAK MEADOWS COMMERCIAL, LLC, a Colorado limited liability company By: Printed Name: Title: STATE OF CALIFORNIA ) } ss. COUNTY OF CONTRA COSTA } The foregoing instrument was acknowledged before me this day of July, 2020, by Gaurl A. $eqfe- , as lows Ee a I, Owner of the subject Property. Ib�G elz Za' . Witness my hand and official seal. PER Y�HARRY CROSSu3tic -California Costa County sian B 2T9622Ti_xDires 1ul 311, 2023 Notary's offici signature Title of offic`�e c�u�y 30, 2�123 Commission Expiration SIGNATURES CONTINUE ON FOLL 0 WING PA GELq 4617538 08/07/2020 04:13 PM Page 4 of 5 CONTRACT PURCHASER: CBH PROPERTIES FIRESTONE, LLC, a Colorado limited liability company By: 01 Printed Name: j-A Mues a Title:. WE 11k,6SIDEkr STATE OF TEXAS ) } ss. COUNTY OF 5 } The foregoing instrument was acknowledged before me this 3 dayof 2020, by _ L!4� , as G2 of CBH Properties Firestone, LLC, a Color4do, l' "ted liability cor9pany. Witness my band and official seal. DEBRA FAYE SMART Public. State of Texas Notary's official ignatuxe Co nm. Exp res 10 07 207. t �•,,,,,,,:` Notary.la 129565Ba3 e kf /yo �/et Y Title of office Commission Expiration MGM TURES CONTINUE ONFOLL 0 WMG PA GES1 4617538 08/07/2020 04:13 PM Page 5of5 • ACKNOWLEDGEMENT OF CONSENT TO PARTIAL RELEASE The Town of Firestone acknowledges to Owner and Pmchaser that the foregoing Partial Release is consented . to by: TOWN OF FIRESTONE, COLORADO F� � ONE TOWN 3 = o . By: m Bobbi Sindelar, Mayor ATTEST: tl Koenig; Town CAPPROVED AS TO FQ Town Attorney . INDEX OF TABLES 0 NOTE: Tables marked with an (*) indicate Annual Financial Information to be updated pursuant to SEC Rule 15c2-12, as amended. See "INTRODUCTION --Continuing Disclosure Undertaking" and Appendix E. The information to be updated may be reported in any format chosen by the Town; it is not required that the format reflected in this Official Statement be used in future years. The budget information contained in the Budget Summary and Comparison - Water Fund table is to be satisfied with the current year budget information found in the CA1~R. Page Sources and Uses of Funds........................................................................................................... 13 DebtService Requirements........................................................................................................... 19 *History of Net Revenues and Pro -Forma Debt Service Coverage .............................................. 20 Estimated Costs for 5 MGD Water Supply, 2019 Dollars............................................................ 35 *Customers by Class 2019..................................................................................................... 38 History of Customers by Meter Size............................................................................................. 39 *Largest Customers of the System - 2019.................................................................................... 39 *Budget Summary and Comparison - Water Fund....................................................................... 41 *Water Fund - History of Revenues, Expenses and Changes in Net Position .............................. 42 Population..................................................................................................................................... 53 PerCapita Personal Income.......................................................................................................... 54 Labor Force and Percent Unemployed......................................................................................... 54 Average Number of Employees Within Selected Industries — Weld County ............................... 55 Largest Private Employers in Weld County — 2019..................................................................... 56 Building Permit Issuances in the Town of Firestone.................................................................... 56 Building Permit Issuances for New Structures in Unincorporated Weld County ........................ 57 History of Foreclosures — Weld County....................................................................................... 57 -iv- • RESOLUTION NO.20-44 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING THE FIRST AMENDMENT TO SUBDIVISION AGREEMENT FOR SADDLEBACK FILING NO.3 WHEREAS, The Town and Sterling Corporation ("Sterling") entered into that certain Subdivision Agreement for Saddleback Filing No. 3 subdivision ("Subdivision"), dated October 17, 2018, and subsequently recorded on October 22, 2018, in the records of the Weld County Clerk and Recorder's Office (the "Original Agreement"), in furtherance of the development of approximately 21971 acres, more or less, of the Saddleback Filing No. 3 Property, as more fully described in Exhibit A to the Original Agreement (the "Property").; and WHEREAS, Sterling, as fee simple owner of the Property within the Subdivision, subsequently conveyed title to the Property to Melody Homes, Inc. ("Owner") and assigned all its obligations under the Original Agreement to Owner. Owner is a party to the Original Agreement between the Town and Sterling, as evidenced by that certain Assignment of Subdivision Agreement, dated February 13, 2019, and recorded on March 18, 2019, in the records of the Weld County Clerk and Recorder's Office; and WHEREAS, The City and Owner desire to enter into this Amendment to amend, modify, is to and alter certain provisions of the Original Agreement to allow for the construction of up to twenty-three (23) featured single-family homes on certain platted lots within the Subdivision; and WHEREAS, the Board of Trustees wishes to authorize the execution of a "First Amendment to Subdivision Agreement" with Owner to accommodate the above changes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The First Amendment to Subdivision Agreement for Saddleback Filing No. 3 is approved in substantially the same form as the copy attached hereto and made a part of this resolution. The Mayor is authorized to execute the amendment on behalf of the Town. INTRODUCED, READ AND ADOPTED this 8th day of April, 2020. TOWN OF FIRESTONE, COLORADO Bobbi Sindelar, Mayor J i ATTEST: Jessica Koenigpown Clerk AP RO AS TO FORM: William ashi, Town Attorney • I* • AMENDMENT .. TO SUBDIVISION AGREEMENT FOR SADDLEBACK FILING N0.3 THIS AMENDMENT TO SUBDIVISION AGREEMENT("First Amendment") is hereby made and entered into this: 8thday of April , 2020, by and between the Town of Firestone, Colorado, a municipal corporation. (the "Town cororation (""), MELODY HOMES, INC., a Colorado pQwier"}. RECITALS A. The Town. and Sterling Corporation ("Sterling") entered into that certain Subdivision Agreement for Saddleback Filing No. 3 subdivisiari ("Subdivision'), dated October 17, 2018, and subsequently recorded .on October 22, 2018, in the records of the Weld County Clerk .and Recorder's Office (the "Original Agreement" ), in furtherance of the 'development of approximately 21.971 acres;. more or less, of the Saddleback Filing No. 3 Property, as more fully described iri Exhibit A to the Original Agreement (the "Property"). B. Sterling, as fee simple owner of the Property within the Subdivision, subsequently coriveyed title to the Property to Owner and assigned all its obligations under the Original Agreement to Owner. Owner is a. party to the Original Agreement between the Town and Sterling, As evidenced by that certain Assignment of Subdivision Agreement, dated February 13, 2019, and recorded on March I8, 2Q19, in the records of the Weld County Clerk and Recorder's Office. C. The City and Owner desire to enter into this Amendment to amend, modify, change. and alter certain provisions of the Original Agreement to allow" llow for the construction of up to twenty three (23) featured single=family homes on certain platted lots within the Subdivision, as more fully set forth below. AGREEMENT NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and in the Original Agreement unamended by this First Amendment, and other good and valuable consideration, the receipt and sufficiency of'which pis hereby.acknowledged, the parties hereby amend the Agreement as follows: Section 1.14 of the Agreement shall be -amended so that it now reads as follows: 1.14 Issuance of BuildingPermits. No €iuildin9 permits for any platted lots or tracts of land within the Subdivision, or permits for construction work, including grading and utilities, on any individual lot, lots or bracts of land within the Subdivision, shall be issued by the Town until all Public Improvements have been completed and granted conditional acceptance, except that the. Town shall issue a building permit for the construction of a single-family residential "structure on lot 21, Block 2, lots 28-34, Block 1, and other lots within the 'Subdivisi.on as shown on the Final Plat (collectively, "Featured Homes"), for up to a total bf twenty-three (23) Featured Homes. 2. Construction. Each of the Parties acknowledges that they, and their respective Counsel, substantially participated in the negotiation, drafting and.editing of this First Amendment: • First Amendment to Saddlebaek Filing No. 3 Subdivision Development Agreement • Accordingly, the Parties agree that the provisions of this First Amendment shall not be construed Or interpreted for or against any Party hereto based on authorship. 3. Authority. Each Party represents and warrants that it has the power and authority to execute this First Amendment and that there are no third -party approvals required to execute this First Amendment or to comply with the terms or provisions contained herein. 4. Counte ants and Facsimile. This First Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall be deemed to constitute one and the same instrument. Each of the Parties hereto shall be entitled to rely upon a counterpart of the instrument executed by the other Party and sent by facsimile or electronic mail transmission, The Parties further agree that this First Amendment may be executed by electronic copies of signatures, and that any electronic copies of signatures shall be binding upon the Party providing such electronic copy of signature as if it were the Party's original signature. 5: No Other Modifications. Except as expressly set forth herein, this First Amendment shall not modify or amend the terms or provisions of the Original Agreement, and all terms and provisions of the Original Agreement not specifically modified or amended by this First Amendment are hereby ratified, and shall, subject to this First Amendment, remain unamended, in full force and effect and constitute legal and binding obligations of the Parties 6. Conflict. In the event of any conflict between this First Amendment and the Original Agreement, the terms of this First Amendment shall control such conflicting provisions. • 7. Entire Agreement. This First Amendment contains the entire agreement of the Parties with respect to the subject matter hereof and may not be amended or modified except by an instrument executed in writing by the Parties. IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the Effective Date. TOWN OF FIRESTONE, COLORADO, a municipal coTooration BY: 4AWL- ATTEST: Bobbi Sindelar, Mayor Jessica Koeni , town Clerk A PRO AS TO FORM: Willi yashi, City Attorney First Amendment to Saddleback riling No. 3 subdivision Development Agreement C OWNER: MELODY HOMES, INC..,, .a (01btAdbicbro6,fAti6n e pp--�o � 0 , 4 STATE' OF COLORADO -ss. COUNTY -y- op . - The -.foregoing instrument was acknowledged before me this day of c2_ �C k� ID '�O b �6L � Y. �CLR—P. -,j f 1odvHolrnes-.'1nc.,,a C61oriado corporation': Witness .myhand and l official seal. Notary S Offlcidl.sl t1i 'gna re-, Title ofoffice com-mNsim Expiration. 1 First Amendment W Sdddleback Filing N 3 0. S6bdivi§i6if Devcloprnefi(Agm6tc-fit pub State Of Cot MY CommWlon E*phs- =.Now ' MW L Ia. 2MI LICN.19004017104 • RESOLUTION NO.20-45 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND AMERICAN CIVIL CONSTRUCTORS, LLC, DIB/A/ ACC MOUNTAIN WEST FOR CONSTRUCTION OF TWO HUNTERS PARK WHEREAS, on December 26, 2019, the Town of Firestone ("Town") sent out a request for bids for qualified and experienced contractors to provide construction services for the Two Hunters Park Project ("Project"); and WHEREAS, the Town received four submittals which were reviewed by Town staff and Erin Martinez, who donated property for the Project; and WHEREAS, American Civil Constructors, LLC, d/b/a/ ACC Mountain West as the most qualified and responsive bidder was awarded the Project's contract, subject to approval by the Board of Trustees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and American Civil Constructors, LLC, DB/A ACC Mountain West, for construction of the Two. Hunters Park Project, is approved in substantially the san-ie form as the copy attached Hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED thisg3 clay of A pri 1, 2020. ashi, Town Attorney 1 T�VN OF FIRESTONE, COLORADO k" 1�� 6 Y- bi Sin r, Mayor • CONSTRUCTION CONTRACT • T IS CONSTRUCTION CONTRACT (the "Construction Contract" or "Agreement") is made and entered into thisay of April, 2020 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 151 Grant Avenue, P.O. Box 100, Firestone, Colorado 80520 (the "Town" or the "Owner"), and AMERICAN CIVIL CONSTRUCTORS, LLC DBA ACC MOUNTAIN WEST an independent contractor with a principal place of business at 49018, Windermere, Littleton, Colorado 802120 ("Contractor") (each a "Party" and collectively the "Parties"), WHEREAS, the Town requires services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required services. NOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: SCOPE OF WORK A. Contractor shall complete all Work and perform all Services which are described or reasonably implied from the Scope of Work. set forth in Exhibit A and the Contract Documents, attached hereto and incorporated herein by this reference and known as: Two Hunters Park (P2020-9321) Project. B. A change in the Scope of Work shall not be effective unless authorized as a written amendment to this Agreement or change order in accordance With the Contract Documents. if Contractor proceeds Without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. C. Within 10 days of the Effective Contract Date, Contractor shall provide the performance bond and labor & material payment bond and certificate of insurance required by the contract Documents. II, DESIGN PROFESSIONAL This Project has been designed by. Design Concepts who is hereinafter called DESIGN PROFESSIONAL and who is to act as FIRESTONE's representative, :assume all duties and responsibilities and have the rights and authority assigned to DESIGN PROFESSIONAL in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Page 1 of 12 FIRESTONE • III. CONTRACT TIMES; COMMENCEMENT AND COMPLETION OF WORK A. The Work shall be substantially completed within 120 days of the Effective Date of this contract, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set- off available at law and equity. . C. - Should a delay in completion constitute a compensable inconvenience to the Town and its residents, the liquidated damages established in this Section shall be enforced. Such damages are not a penalty, the parties recognize the delays, expense and difficulties involved in proving the actual loss suffered by the Town if the Work is not completed on time. For each day that all or a portion of the Work is delayed beyond the deadlines set forth in Section III hereof, plus any extensions thereof allowed, the Contractor shall be assessed the amount of two hundred fifty dollars ($250) each day until the Work is complete. IV. COMPENSATION In consideration for the completion of the Work by Contractor, the Town shall pay Contractor, subject to all of the terms and conditions of the Contract Documents, an amount not to exceed $621, 932.00 (the "Contract Price"). The Contract Price shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. V. PAYMENT PROCEDURES Contractor may submit Applications for Payment for completed work per the UNIT -PRICE BID FORM or the LUMP -SUM BID FORM. Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt. Vl. RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing, required by law. B. The Work performed by Contractor shall be in accordance with generally accepted practices and the level of competency presently maintained by other practicing contractors in the same or similar type of work in the applicable community. C. The Work performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations, including the Keep Jobs in Colorado Act, C.R.S. 8-17-101, et seq. (the "Act") and the rules adopted by the Division of Labor of the Colorado Department of Labor and Employment implementing the Act (the "Rules"), Page 2 of 12 FIRESTONE D. The Town's review, approval or acceptance of, or payment for any completed Work shall not be construed to operate as a waiver of any rights under this Construction Contract or of any cause of action arising out of the performance of this Construction Contract. E. Contractor herebywarrants to the Town that all materials and equipment used in the Work, and made a part of the Work, or placed permanently in the Work, shall be new unless otherwise specified in the Contract Documents. Contractor further warrants that all equipment and materials shall be of good quality, conform to the requirements of the Contract Documents and will be free from defects. All Work, materials, or equipment not conforming to the Contract Documents shall be considered defective. F. The Contractor shall warrant and guarantee all materials and equipment furnished under the Contract and all Work performed for one year after the date of Substantial Completion. Under this warranty, Contractor agrees to repair or replace, at its own expense, any Work that is found to be defective. The expiration of the warranty period shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. VII. OWNERSHIP Any materials, items, and work specified in the Scope of Work, and any and all related documentation and • materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Work constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. Vill. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Construction Contract, all personnel assigned by Contractor to perform work under the terms of this Construction Contract shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall. make no representation that it is a Town employee for any purposes IX. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Construction Contract. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. Page 3 of 12 FIRESTONE • • 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case.of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Construction Contract, X. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Construction Contract if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. XI. ILLEGAL ALIENS A. Certification. By entering into this Construction Contract, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an.illegal alien who will perform work under this Construction Contract and that Contractor will participate in either the E-Verify Program administered by the U.S. Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Construction Contract. B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Construction Contract, or enter into a contract with a subcontractor that fails to certify to Contractor Page 4 of 12 FIRESTONE that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Construction Contract. C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Construction Contract through participation in either the E- Verify Program or the Department Program: 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre- employment screening of job applicants while this Construction Contract is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Construction Contract knowingly employs or contracts with an illegal alien who is performing work under this Construction Contract, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Construction Contract; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Construction Contract; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information • to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Construction Contract. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Section XI. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Construction Contract via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. XII. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between the Town and Contractor concerning the Scope of Services, consist of the following: A. "Drawings" consisting of: E Page 5 of 12 FIRESTONE r� • XIII. MISCELLANEOUS A. Governing Law and Venue, This Construction Contract shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Construction Contract by the Town shall not constitute a waiver of any of the other terms or obligation of this Construction Contract. C. Integration. This Construction Contract and any attached exhibits constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Construction Contract. E. Notice. Any notice under this Construction Contract shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid; first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Construction Contract is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Construction Contract may only be modified upon written agreement of the Y Y p 9 Parties. H. Assignment. Neither this Construction Contract nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, 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 amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Construction Contract are in addition to any other rights and remedies provided by law. The expiration of this Construction Contract shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. Page 6 of 12 FIRESTONE 0 IN WITNESS `WHEREOF, the Parties have executed. this Construction. Contract. as of the Effective Date. -c ONE TOWN OF'FIRESTONE, COLORADO ....... Mayor, Bobbi Sindelar �-OuN ATTEST: Koenig, Town Clerk AMERICAN CIVIL CONSTRUCTORS, LLC DBA ACC MOUNTAIN WEST STATE OF COLORADO 0 COUNTY OF ay The foregoing instrument was sub b gibed, 0. T of to and Acknowledged before me this L . I 2020, by asof My commission expires: C) (S E A Q 0 X Notary Public Page 7 of 12 FIRESTONE C 0 1, 0 R A D 0 LUCINDAHARSHMM NOTARY PUBLIC STATE 0 COI oWo NOTARY 10 109NO17395 WCOMMISSION WIRES OCTOBER-190 2020 • NO EMPLOYEE AFFIDAVIT To be completed only If Contractor has no employees 1. Check and complete one: ❑ I, am a sole proprietor doing business as I do not currently employ any Individuals. Should I employ any employees during the term of my Agreement with the Town of Firestone (the °Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement, OR ❑ I, am the sole ownerlmemberishereholder of a [specify type of entity --1 e,, corporation, limited liability company), that does not currently employ any Individuals, Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence.verification requirements outlined in that Agreement, 2. Chuck one. .❑ I am a United States citizen or legal permanent resident, The Town must verlfy this statement by reviewing one of the following items; • A valid Colorado driver's license or a Colorado Identification card ■ A United States military card or a military dependent's Identification card; ■ A United States Coast Guard Merchant Mariner card; A Native American tribal document; ■ In the case of a resident of another state, the driver's license or state -issued Identification card from the state of residence, If that state requires the applicant to prove lawful presence prior to the Issuance of the Identification card; or ■ Any other documents or combination of documents listed in the Town's "Acceptable Documents for Lawful Presence Verification" chart that prove both Contractor's citizenshipfiewful presence and Identity. OR ❑ 1 am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Allen Verification of Entitlement rSAVE") program, and provide such verification to the Town. Signature Date • Page 8 of 12 FIRESTQNE DEPARTMENT PROGRAM AFFIDAVIT To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program I, .-6 '-fit! , as a public contractor under contract with the Town of Firestone (the "Town"), hereby affirm that: 1 I have examined or wilt examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; .2. 1 have retained or will retain file copies of all documents required by 8 U;S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. 1 have not and will not a-lter or falsify the identification documents for my newly hired employees who perform work under this Agreement. Signature Date STATE OF COLORADO ) s jl 5S. COUNTY OF The foregoing instrument was subscribed, sworn to and acknowledged before rge this aay of 2020; byu 2:G�i-.('Y as of �. t ca LLB My commission expires: (6 (S E A L) Notary Public Lt1CiNDA HAR5NMA1� NOTARY PUBLIC STATE OF COLORADO NOTARY ID 199640i7395 MY COMMISSION t:XPIRE5 OCf OBER 19. R020 Page 9 of 12 FIRESTONE c 0 L 0 n n n 0 EXHIBIT A SCOPE OF WORK Contractor's Duties and Deliverables: During the term of this Construction Contract, Contractor shall perform the following duties, as directed by the Town: Construction of a unique neighborhood park, Two Hunters Park, The contractor will work closely with the Town Project Team and the landscape architect during construction of the park. Work Shall Include: !GENERAL CONDITIONS & SITE WORK i Bonding `Mobllization (Includes Supervision, Project Mgt, Insurance, Trucks, Cell Phones & Mobe) �Constructlon Surveying jTraffic Control ;Cut, Fill and Compact nsite Material (Includes Excavation/Backfill for Walls, Footers, EntryMonuments, Boulders) Import Common Fill -Assumed No Import Required . . Scarify and Recompact at Walks and Pavements Export of Undesirable or Unused soll 1 Finish Grading to +l- 0.1 of subgrade ISalvage Existing Fence at Southeast Corner of Site iTemporaryConstruction Fencing - 6' Chain Link (If we can use Orange Plastic Fence then deduct $3,100) EROSION CONTROL ;Silt Fence lConcrete Washout iInlet Protection Vehicle Tracking Control Sedimentation Pond ;PAVEMENTS 1 Concrete - 4" (Currently using Colorado Hardscapes) Sandblasted Band at Walks i Specialty Concrete Pour (Blue glass aggregate) SpecialtyConcrete Pour (Seashell aggregate) ,Concrete Abutments at Bridge REMOVED FROM DESIGN I Replace Bridge with Culvert - 2 EA 18" RCP wl FES, pave with 4" Concrete Sidewalk FUTILITY -STORM DRAINAGE SYSTEM Storm Line - 4" PVC PERF ;Storm Line -4" Solid PVC ,Concrete Endwall Cleanout- Underdrain ;Cobble at Bridge (, UTILITY - D0 ESTic WATER ;Water Piping Backflow Preventer and Enclosure Quick Coupler 1 ELECTRICAL New Power Pedestal P1 - Pending Design Changes iNewSeNce Entrance Feeder Page 10 of 12 FIRESTONE • • • ;Time Clock Contactors Grounding /Bonding i Irrigation Power Log Stumps and Foundations (Included in Alt. 2) !Log Stumps Circuiting !Tree Uplights (Now ADD Alt.#3) Tree Uplights Circuiting - Pending Design Changes iSeatwall Lighting Seatwall Circuiting !Monument Sign Circuiting !SITE CONSTRUCTION Concrete seatwalls wl stone caps and Formliner @ Famiiyarea ;Concrete seatwall wlstone caps and sandblasted @ Familyarea CConcrete seatwall wlstone cap and sandblasted @ Mark & Erin Area ! Boulder end caps at seatwall above !Concrete seatwall wlstone cap and sandblasted @ dog area !Cooncrete Mowband Wood fence Seat Boulder j Landscape Boulder {Central Boulders in JoeVs Area ;Sandblasting Work and Painting (Removed Fiber Optic Lighting) SITE STRUCTURES AND FURNISHINGS Entry Monument Features (Remove Timber from the large stone and use only one stone that is 6'6" tall) !Game Tables (Table wlsandblasted chess board and boulder seats) !Trash Receptacle LANDSCAPE AND IRRIGATION !Tree - Deciduous 4" cal. T rees - Evergreen Trees -Ornamental 2" cal. IShrubslPerennials-#5 Cant Grasses - #5 Cont !Grasses 41 Conk Perennials - #1 Cont !Ground Coverflats iAnnual bulbs Flats !Wildflower and Native Seed mix _.- Soll Prep Page 11 of 12 FIRESTONE • `Shredded Cedar Mulch for Planting Beds i Landscape River Rock - round Stacked Cobble (Tree Fertilizer Injections Irrigation - Native Seed Irrigation - Pianting Beds Irrigation Controller i Mainline and Wires I EADD Alternate #2: 'Material, Labor, Footers -Gutting and fabricating pheasant sculptures 3D. Material, Labor, Footers - cutting and fabricating pheasant sculptures.213 ' }Material, Labor, Footers - cutting and welding troutcutouts i,Material, Labor, Footers, Engineering - fabricating, powder coating, and installing pergolas (Includes Trellises) i 'Material, Labor, Footers - fabricating steel log lamps IMaeerial, Labor- fabric atingkutting entrysignage Material, Labor, Footers -fabricating elk Antlers !Tree Uplights -Pending design changes Page 12 of 12 FIRESTONE RESOLUTION NO.20-46 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN ENGAGEMENT LETTER WITH BUTLER SNOW LLP TO SERVE AS COUNSEL TO THE TOWN OF FIRESTONE REGARDING THE ISSUANCE OF WATER ENTERPRISE REVENUE BONDS SERIES 2020 WHEREAS, the Town of Firestone ("Town") is in need of legal services for the issuance of Water Enterprise Revenue Bonds Series 2020, ("Bonds") which includes, but is not limited to, examination of applicable law, consultation with parties to the transaction prior to the issuance of the Bonds, preparation of customary authorizing and operative documents and rendering an opinion regarding the validity of the Bonds, enforceability of security of the Bonds and exclusion of interest paid on the Bonds; and WHEREAS, Butler Snow, LLP has the expertise, experience and resources to provide the Town the required services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Engagement Letter with Butler Snow, LLP, to provide legal services to the Town for the issuance of Water Enterprise Revenue Bonds Series 2020 is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Engagement Letter on behalf of the Town. INTRODUCED, READ AND ADOPTED this 8th day of April, 2020. ATTEST: Jessica KoenigCbwn Clerk XAS TO FORM: Willigm Wayashi, Town Attorney • TOWN OF FIRESTONE, COLORADO lAk� Bobbi Sindelar, Mayor • BUTLER I SCOW .April 2, 2020 Town of Firestone 151 Grant Avenue Firestone, Colorado 80520 Attention: A.J. Krieger, Town Manager Proposed Issuance of Town of Firestone, Colorado Water Enterprise Revenue Bonds, Series 2020 Dear Members of the Board of Trustees: We are pleased to confirm our engagement as bond counsel and special counsel to the Town of Firestone, Colorado (the "Town") with respect to the issuance of its Water Enterprise .Revenue.Bonds, Series 2020 (the "Bonds"). We appreciate your confidence in us and will do our best to continue to merit it. As you know, we have performed legal services for the Town in the past. Nevertheless, in establishing our attorney -client relationship for this new transaction, current practice standards dictate that we set forth in writing (and in some detail) the elements of our mutual understanding. While some of the matters covered in this engagement letter will never be relevant or of concern between us, we hope you will understand that as attorneys and counselors it is our natural function to try to make communication clear and complete, and to anticipate and resolve questions before they arise. We also believe that the performance of our services may require your effort and cooperation. Consequently, the better we each understand our respective roles; responsibilities and contributions, the more efficient, effective and economical our work for you can be. Personnel This letter sets forth the role we propose to serve and the responsibilities we -propose to assume as bond counsel and special counsel to the Town in connection with the issuance of the Bonds by the Town. We understand that the Town Board of Trustees (the `Board") has authorized the execution of this letter. Kim Crawford and Maria Harwood will be principally responsible for the work performed on your behalf. Where appropriate, certain tasks may be performed by other attorneys or paralegals. At all times, however, Kim will coordinate, review, and approve all work - completed for the Town. ISO I Califonria Slivet Suite 5100 Denver, Colorado 80202 KiMBERLEY K. CRAWFORD (720) 330-2354 Kirn. Crawford@BuderSnow-corn T (720) 330-2300 F (720) 330-2301 mvrv. Gutlersnou. com BUTTER SNOW LLP • Town of Firestone, Colorado April 2, 2020 Page 2 Scope of Employment Bond counsel is engaged as a recognized expert whose primary responsibility is to render an objective legal opinion with respect to the authorization and issuance of bonds. As your bond counsel, we will: examine applicable law; consult with the parties to the transaction prior to the issuance of the Bonds; prepare customary authorizing and operative documents, which may include proceedings relating to: the authorization of the sale and issuance of the Bonds, and closing certificates; review a certified transcript of proceedings; and undertake such additional duties as we deem necessary to render the opinion. Subject to the completion of proceedings to our satisfaction, we will render our opinion relating to the validity of the Bonds, the enforceability of the security for the Bonds, and the exclusion of the interest paid on the Bonds (subject to certain limitations which may be expressed in the opinion) from gross income for federal income tax purposes and for Colorado income tax purposes. We are also being retained by you to act as special counsel to the Town in connection with the Official Statement for the Bonds (the "Official Statement"). As such, we will provide advice to the Town on the applicable legal standards to be used in preparing the Official Statement and meeting the Town's disclosure responsibilities. At the conclusion of the transaction we will deliver a letter to you stating that we have assisted the Town in the preparation of the Official Statement, and that in the course of such assistance, nothing has come to the attention of the attorneys in our firm rendering legal services in connection with our representation which leads us to believe that the Official Statement, as of its date (except for the financial statements, other statistical data and statements of trends and forecasts and information concerning The Depository Trust Company ("DTC") provided by DTC contained in the Official Statement and its Appendices, as to which we express no view), contains any untrue statement of material fact or omits to state any material fact necessary to make the statements in the Official Statement, in light of the circumstances under which they were made, not misleading. In rendering our opinion and letter, we will rely upon the certified proceedings and other certifications of public officials and other persons furnished to us without undertaking to verify the same by independent investigation. Our opinion and letter each will be addressed to the Town and will be executed and delivered by us in written form on the date the Bonds are exchanged for their purchase price (the "Closing"). The opinion and letter each will be based on facts and law existing as of their date. Our services are limited to those contracted for explicitly herein; the Town's execution of this letter constitutes an acknowledgment of those limitations. Specifically, but without implied limitation, our responsibilities do not include any representation by Butler Snow LLP in connection with any IRS audit, SEC enforcement action or any litigation involving the Town or the Bonds, or any other matter. Neither do we assume responsibility for the preparation of any collateral documents (e.g., environmental impact statements) which are to be filed with any state, federal or • • Town of Firestone, Colorado April 2, 2020 Page 3 other regulatory agency. Nor do our services include financial advice (including financial advice about the structure of Bonds) or advice on the investment of funds related to the Bonds. Representation of the Town In performing our services as bond counsel and as special counsel, the Town will be our client and an attorney -client relationship will exist between us. We will represent the interests of the Town rather than the Board, its individual members, or the Town's employees. We will work closely with the Town Attorney and will rely on his opinion with regard to specific matters, including pending litigation. We assume that other parties to the transaction will retain such counsel as they deem necessary and appropriate to represent their interests in this transaction. Our limited representation of the Town does not alter our responsibility to render an objective opinion as bond counsel. Conflicts of Interest Before accepting any new business, the Colorado Rules of Professional Conduct require us to evaluate whether there exist any ethical constraints to representing you in this new matter. We have completed a conflicts check within our firm and have found no current conflict between the Town and our existing clients. We note that Stifel Nicolaus & Company Incorproated (your "Underwriter"), as well as many other investment banking firms in Colorado, have been our clients in past bond transactions unrelated to the Town. As you are aware, our Public Finance Department specializes in all aspects of public finance in Colorado, New Mexico, Nevada, and Wyoming, and our firm represents many political subdivisions, investment bankers/underwriters, trustees, financial institutions and other companies and individuals. During the course of our engagement with you or at some future time, it is possible that we may be asked to represent your Underwriter as underwriter's counsel in unrelated bond transactions. Further, it is possible that we may be asked to represent, in wholly unrelated matters outside the area of public finance, financial institutions, companies or individuals that have transactions with the Town. Technically, because an issuer sells its bonds to an underwriter or purchaser, your interests are "adverse" to those of your Underwriter. You likely will agree with us that bond transactions are more of a cooperative effort than an adversarial purchase and sale. We do not believe that our former, current or possible future representation of your Underwriter will act as a material limitation on our ability to represent the Town as bond counsel and special counsel. In addition, this issue of Bonds is not a matter which is substantially related to our previous representation of the Underwriter. Accordingly, even though your interests are adverse to those of the Underwriter in this bond transaction, based upon our ethical rules, it is our conclusion that we may undertake this engagement. With respect to our future representation of the Underwriter in a matter unrelated to the Bonds, we acknowledge that you might be concerned about confidentiality of information. We Town of Firestone, Colorado April 2, 2020 Page 4 want to advise you that we will not use any information obtained in our capacity as bond counsel or special counsel to the disadvantage of the Town. If you have questions or concerns about our analysis of this issue, about our former or (possible) future representation of the Underwriter, or if you would like us to consult further with your general counsel on this matter, please let us know. Subject to such consultation, we will treat your acceptance of this letter as consent to our past and future representation of the Underwriter in matters unrelated to the Bonds. Fee Arrangement Based upon: (i) our current understanding of the terms, structure, size and schedule of the financing, (ii) the duties we will undertake pursuant to this letter, (iii) the time we anticipate devoting to the financing, (iv) the skill and experience required to complete the services properly, and (v) the responsibilities we will assume, we estimate that our fee as bond counsel and special counsel will be $75,000. Such fees may vary: (i) if the principal amount of Bonds actually issued differs significantly from the amount stated above, (ii) if material changes in the structure of the financing occur, or (iii) if unusual or unforeseen circumstances arise which require a significant increase in our time or our responsibilities. If, at any time, we believe that circumstances require an adjustment of our original fee estimate, we will consult with you and prepare an amendment to this engagement letter. In addition, this letter authorizes us to incur expenses and make disbursements on behalf of the Town, which we will include in our Invoice. We understand and agree that our contingent fees will be paid at Closing out of Bond proceeds. If the financing is not consummated, we understand and agree that we will not be paid. If, for any reason, the financing is completed without our opinion as bond counsel, we will expect to be compensated at our normal hourly rates for time actually spent on your behalf, plus disbursements. Document Retention Butler Snow maintains its client files electronically. We do not keep separate paper files. We will scan documents you or others send to us related to your matter to our electronic file for that matter and will retain only the electronic version while your matter is pending. Unless you instruct us otherwise, once such documents have been scanned to our electronic file, we will destroy all paper documents provided to us. If you send us original documents that need to be maintained as originals while the matter is pending, we ordinarily will scan those to our client file and return the originals to you for safekeeping. Alternatively, you may request that we maintain such originals while the matter is pending. If we agree to do that, we will make appropriate arrangements to maintain those original documents. 0 • Town of Firestone, Colorado April 2, 2020 Page 5 Unless you instruct us otherwise, once our work on this matter is completed, we will designate your file as a closed file on our system and will apply our document retention policy then in effect to the materials in your closed file. At that time, we ordinarily will return to you any original documents we have maintained in accordance with the preceding paragraph while the matter was pending. Otherwise, we will retain the closed file materials for our benefit and subject to our own policies and procedures concerning file retention and destruction. Accordingly, if you desire copies of any documents (including correspondence, e-mails, pleadings, contracts, agreements, etc.) related to this matter or generated while it was pending, you should request such copies at the time our work on this matter is completed. A more complete notice of Butler Snow's Record Retention and Destruction Policy for Client Files, which also will be applicable to this Engagement, is attached as Exhibit A and incorporated herein by reference. Termination of Engagement The above fees contemplate compensation for usual and customary services as bond counsel and as special counsel to the Town in connection with the Official Statement, as described above. Upon delivery of the opinion and letter, our responsibilities as bond counsel and as special counsel will terminate with respect to this financing, and our representation of the Town and the attorney -client relationship created by this engagement letter will be concluded. Specifically, but without implied limitation, we do not undertake to provide continuing advice to the Town or to any other party to the transaction. Many post -issuance events may affect the Bonds, the tax-exempt status of interest on the Bonds, or liabilities of the parties to the transaction. Such subsequent events might include a change in the project to be financed with Bond proceeds, a failure by one of the parties to comply with its contractual obligations (e.g., rebate requirements, continuing disclosure requirements), an IRS audit, or a change in federal or state law. Should the Town seek the advice of bond counsel or special counsel on a post -closing matter or seek other, additional legal services, we would be happy to discuss the nature and extent of our separate engagement at that time. Approval If the estimated fees, the requested consent to possible future representation of the Underwriter, and other foregoing terms of this engagement are acceptable to you, please so indicate by returning a copy of this letter signed by the officer so authorized, keeping a copy for your files. We are pleased to have the opportunity to serve as your bond counsel and special counsel and look forward to a mutually satisfactory and beneficial relationship. We are deeply committed to the proposition that our clients must be satisfied with the quality of our services as well as the amount of our charges. Our effectiveness and your best interest are enhanced by an atmosphere of candor and confidence between us, not only as to the facts and circumstances of the legal issues on which we are working, but also as to the attorney -client relationship itself. If at any time you have questions concerning our work or our fees, we hope that you will contact us immediately. • . KKC/jw Enclosure Town of Firestone, Colorado April 2, 2020 Page 6 BUTLER SNOW LLP BY: rJ.... Accepted and Approved: TOWN OF FIRESTONE, COLORADO By: Bobbi Sindelar sTO Its: MayorAg; ' 0 Date: April 8, 2020 Town of Firestone Colorado April 2, 2020 Page 7 Exhibit A NOTICE TO CLIENTS OF BUTLER SNOW'S RECORD RETENTION & DESTRUCTION POLICY FOR CLIENT FILES Butler Snow maintains its client files electronically. Ordinarily, we do not keep separate paper files. We will scan documents you or others send to us related to your matter to our electronic file for that matter and will ordinarily retain only the electronic version while your matter is pending. Unless you instruct us otherwise, once such documents have been scanned to our electronic file, we will destroy all paper documents provided to us. If you send us original documents that need to be maintained as originals while the matter is pending, we ordinarily will scan those to our client file and return the originals to you for safekeeping. Alternatively, you may request that we maintain such originals while the matter is pending. If we agree to do that, we will make appropriate arrangements to maintain those original documents while the matter is pending. At all times, records and documents in our possession relating to your representation are subject to Butler Snow's Record Retention and Destruction Policy for Client Files. Compliance with this policy is necessary to fulfill the firm's legal and ethical duties and obligations, and to ensure that . information and data relating to you and the legal services we provide are maintained in strict confidence at all times during and after the engagement. All client matter files are subject to these policies and procedures. At your request, at any time during the representation, you may access or receive copies of any records or documents in our possession relating to the legal services being provided to you, excluding certain firm business or accounting records. We reserve the right to retain originals or copies of any such records of documents as needed during the course of the representation. Unless you instruct us otherwise, once our work on this matter is completed, we will designate your file as a closed file on our system and will apply our document retention policy then in effect to the materials in your closed files. At that time, we ordinarily will return to you any original documents we have maintained in accordance with the preceding paragraph while the matter was pending. Otherwise, we will retain the closed file materials for our benefit and subject to our own policies and procedures concerning file retention and destruction. Accordingly, if you desire copies of any documents (including correspondence, e-mails, pleadings, contracts, agreements, etc.) related to this matter or generated while it was pending, you should request such copies at the time our work on this matter is completed. You will be notified and given the opportunity to identify and request copies of such items you would like to have sent to you or someone else designated by you. You will have 30 days from the . date our notification is sent to you to advise us of any items you would like to receive. You will be billed for the expense of assimilating, copying and transmitting such records. We reserve the right to retain copies of any such items as we deem appropriate or necessary for our use. Any non-public • Town of Firestone, Colorado April 2, 2020 Page 8 information, records or documents retained by Butler Snow and its employees will be kept confidential in accordance with applicable rules of professional responsibility. Any file records and documents or other items not requested within 30 days will become subject to the terms of Butler Snow's Record Retention and Destruction Policy for Client Files and will be subject to final disposition by Butler Snow at its sole discretion. Pursuant to the terms of Butler Snow's Record Retention and Destruction Policy for Client Files, all unnecessary or extraneous items, records or documents may be removed from the file and destroyed. The remainder of the file will be prepared for closing and placed in storage or archived. It will be retained for the period of time established by the policy for files related to this practice area, after which it will be completely destroyed. This includes all records and documents, regardless of format; While we will use our best efforts to maintain confidentiality and security over all file records and documents placed in storage or archived, to the extent allowed by applicable law, Butler Snow specifically disclaims any responsibility for claimed damages or liability arising from damage or destruction to such records and documents, whether caused by accident; natural disasters such as flood, fire, or wind damage; terrorist attacks; equipment failures; breaches of Butler Snow's network security; or the negligence of third -party providers engaged by our firm to store and retrieve records.. U 52394883.0 0 0 RESOLUTION NO.20-47 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING THE BOARD OF TRUSTEES HANDBOOK AND ORIENTATION TELEPHONIC PARTICIPATION POLICY TO AUTHORIZE EXECUTIVE SESSIONS DURING AN EMERGENCY WHEREAS, on March 10, 2020, Governor Jared Polis in accordance with the Colorado Disaster Emergency Act ("Act"), C.R.S. §24-33.5-704, , by proclamation, declared a state of emergency in Colorado to provide access to resources, legal flexibility, and protect vulnerable communities, all to better contain the outbreak of the COVID-19 virus; and WHEREAS, in accordance with C.R.S. §24-33.5-709, on March 18, 2020, the Town Manager declared a local disaster ("Declaration of Disaster"), which was continued until further notice by the Board of Trustees on March 25, 2020; and WHEREAS, on March 25, 2020 Governor Polis issued Public Health Order No. 20-24 implementing stay at home requirements to continue until April 11, 2020 unless extended, rescinded, superseded or amended in writing; and WHEREAS, the Town's Declaration of Disaster activated the Town's Emergency Telephonic Meeting Participation procedure, which was enacted as a result of the 2013 Floods; and WHEREAS, that procedure anticipated emergencies of a limited duration, however, it is now apparent from the latest information provided by the Center for Disease Control and Prevention ("CDC"), and other sources including the Colorado Department of Public Health and Environment and Governor Polis who recently stated that the peak had only been slightly delayed by the Stay at Home Order that the COVID-19 pandemic is in an acceleration phase and its duration and full impact is unknown at this time; and WHEREAS, it is now likely that the Governor's Order and its restrictions may remain in place for an extended period of time; and WHEREAS, the Town's Telephonic Participation Policy prohibits quasi-judicial and executive session matters from being held; however, given COVID-19's unknown duration and complete impact it is likely that essential Town business requiring quasi-judicial proceedings or executive sessions will arise during the current emergency; and WHEREAS, Town staff is currently working on a procedure to conduct quasi-judicial proceedings electronically; and WHEREAS, to hold necessary executive sessions during an emergency staff recommends that the Board of Trustees amend the Telephonic Participation Policy to permit executive sessions to be held with the requirement that executive sessions to the extent feasible, comply with all requirements of the Open Meetings Act (C.R.S. § 24-6-401 et seq.), and that the notice U required by C.R.S. § 24-6-402 (4) shall in addition to setting forth the permitted purpose and statutory cite expressly state the immediate necessity for the executive session. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, The Board of Trustees Handbook and Orientation, Telephonic Participation Policy, Section 3, is repealed in its entirety and reenacted to read as follows: Telephonic participation shall not be available for executive sessions except in the event of a local disaster emergency where the executive session to the extent feasible complies with all requirements of the Open Meetings Act and the required notice in addition to setting forth the permitted purpose and statutory cite as set forth in C.R:S.§ 24-6-402 (4) expressly states the immediate necessity for the executive session. In addition all persons participating in the executive session shall take all necessary measures to ensure that the confidentiality of the executive session is maintained and no participant shall permit any non -participant to hear, see or otherwise have access to an executive session or related materials. INTRODUCED, READ AND ADOPTED this 8th day of April, 2020. ATTEST: Jessica KoeniCXown Clerk AS TO FORM: William Ffflayashi, Town Attorney 0 TOWN OF FIRESTONE, COLORADO Bobbi Sindelar, Mayor • RESOLUTION NO.20-48 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING THE TOWN'S PLANNING AND ZONING COMMISSION TO HOLD TELEPHONIC PARTICIPATION MEETINGS AND QUASI- JUDICIAL PROCEEDINGS WHEREAS, on March 10, 2020, Governor Jared Polis in accordance with the Colorado Disaster Emergency Act ("Act"), C.R.S. §24-33.5-704, by proclamation, declared a state of emergency in Colorado to provide access to resources, legal flexibility, and protect vulnerable communities, all to better contain the outbreak of the COVID-19 virus; and WHEREAS, in accordance with C.R.S. §24-33.5-709, on March 18, 2020, the Town Manager declared a local disaster ("Declaration of Disaster"), which was continued until further notice by the Board of Trustees on March 25, 2020; and WHEREAS, on March 25, 2020 Governor Polis issued Public Health Order No. 20-24 implementing stay at home requirements, which has been amended and is now to continue to April 26, 2020; and WHEREAS, the Town's Declaration of Disaster activated the Town's Emergency Telephonic Meeting Participation procedure, which was enacted as a result of the 2013 Floods; • and WHEREAS, that procedure anticipated emergencies of a limited duration, however, it is apparent from the latest information provided by the Center for Disease Control and Prevention ("CDC"), and other sources including the Colorado Department of Public Health and Environment and Governor Polis that though the outlook is now more positive that the unwinding of the stay- at-home restrictions will be a lengthy process with an uncertain time line; and WHEREAS, the Town's Telephonic Participation Policy prohibited quasi-judicial proceedings from being held; however, being faced with the necessity of holding quasi-judicial proceedings during this period of a local disaster emergency, the Town amended its policies to permit quasi-judicial proceedings subject to specific terms and conditions; and WHEREAS, the Town acknowledges that the Planning and Zoning Commission, which it established as set forth in Chapter 2.56 of the Firestone Municipal Code, must also hold meetings and quasi-judicial proceedings; and WHEREAS, the Town desires to authorize the Planning and Zoning Commission to conduct telephonic participation meetings and quasi-judicial proceeding meetings in accordance with the Town's procedure. 0 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES.OF THE i TOWN OF FIRESTONE, COLORADO: The Board of Trustees of the Town of Firestone does hereby authorize the Planning and Zoning Commission, to conduct telephonic participation meetings and quasi-judicial proceedings in accordance with the policies adopted by the Board of Trustees, until such time as the. Board of Trustees terminates its Local Disaster Emergency Declaration. INTRODUCED, READ AND ADOPTED thisidday of . , 2020. �ONF TOWN OF FIRESTONE, COLORADO dd6i io o bdbbi Sin lat, Mayor �• ATTEST: J s ca Koenig, To • AP OV D S 0 F Willia ayashi, Town Attorney 2 • RESOLUTION NO.20-49 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING THE BOARD OF TRUSTEES HANDBOOK AND ORIENTATION TELEPHONIC PARTICIPATION POLICY TO AUTHORIZE TELPHONIC QUASI-JUDICIAL PROCEEDINGS DURING AN EMERGENCY AND AMENDING THE EMERGENCY TELEPHONIC MEETING PROCEDURE WHEREAS, on March 10, 2020, Governor Jared Polis in accordance with the Colorado Disaster Emergency Act ("Act"), C.R.S. §24-33.5-704, by proclamation, declared a state of emergency in Colorado to provide access to resources, legal flexibility, and protect vulnerable communities, all to better contain the outbreak of the COVID-19 virus; and WHEREAS, in accordance with C.R.S. §24-33.5-709, on March 18, 2020, the Town Manager declared a local disaster ("Declaration of Disaster"), which was continued until further notice by the Board of Trustees on March 25, 2020; and WHEREAS, on March 25, 2020 Governor Polis issued Public Health Order No. 20-24 implementing stay at home requirements to continue until April 11, 2020, which has been extended to April 26, 2020; and WHEREAS, the Town's Declaration of Disaster activated the Town's Emergency . Telephonic Meeting Participation procedure, which was enacted as a result of the 2013 Floods; and WHEREAS, that procedure anticipated emergencies of a limited duration, however, it is apparent from the latest information provided by the Center for Disease Control and Prevention ("CDC"), and other sources including the Colorado Department of Public Health and Environment and Governor Polis, that though it now appears that the States measures are working to control the virus that the unwinding of the stay at home restrictions will be a lengthy process with an uncertain time line; and WHEREAS, the Town's Telephonic Participation Policy prohibits quasi-judicial proceedings from being held; however, given COVID-19's unknown duration and impact the Town is now faced with matters requiring quasi-judicial proceedings which can't be held in abeyance to some unknown future date; and WHEREAS, the Town's Telephonic Participation Policy enacted in 2014 is outdated and given the current options for conducting telephonic meetings the Town desires to select the means of Telephonic Participation that best meets its needs and ensures transparency to the extent feasible. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: • Section 1. The Board of Trustees Handbook and Orientation, Telephonic Participation Policy, Section 2, is amended, by addition of the following, to read as follows: 2. Quasi-judicial meetings may be held by telephonic participation in the event of a local disaster emergency subject to the requirements set forth herein. a. In the event that an application is scheduled for a public hearing that is a quasi- judicial matter and due to applicable timelines must be held during the time that a local disaster emergency is in effect, the Town shall notify the applicant of such circumstances and present the applicant with options for proceeding with the application. Upon notice from the Town, the applicant shall authorize the Town, in writing, to proceed with one of the following options: i. Conduct the public hearing under this policy with accommodations made for Telephonic Participation by the applicant and the public, subject to the applicant waiving, in writing, any legal challenge on the basis that the hearing will be conducted via Telephonic Participation; or ii. Suspend any and all review and decision deadlines until such time that the local disaster emergency declaration is terminated and the Board of Trustees can schedule a meeting at which an in -person quorum will be present. . b. To the extent reasonably possible the Board of Trustees shall provide adequate opportunity for the applicant and the public to participate in the quasi-judicial matter in a manner that approximates as closely as possible the opportunity that is routinely provided during in -person meetings — for example, an opportunity for members of the public to comment on the application during the public comment portion of the hearing. Such opportunity shall include, at a minimum, the ability for the public to listen and as appropriate comment by telephone during the hearing. Nothing in this policy shall prevent members of the public from submitting written comments in advance of the meeting at which the quasi-judicial matter will be considered. If written comments are received on a quasi-judicial matter being considered at a meeting conducted via Telephonic Participation, such comments shall be read into the record by the Town Clerk, the Mayor, or a member of Town staff. C. Any documents, exhibits, or other materials (collectively, "Materials"), to be presented by the applicant, Town staff, other parties (if any), or members of the public during the public hearing, must be clearly marked for identification and must be submitted to the Town Clerk at least five (5) days prior to the hearing date, in addition to any obligation of the applicant, Town staff, or other parties, if any, may have by law to provide such materials to other parties prior to the hearing. Notice of the public hearing issued by the Town shall include notice of this requirement to submit Materials to the Town Clerk, and shall state where, how, and when such Materials must be submitted. The Town Clerk will include the Materials in the Board of Trustee's packet with a cover sheet identifying the name of the party submitting the materials, and will make such materials available to the public on the Town's website and or Town Hall if feasible at least 24 hours before the hearing. 2 d. The participants in the public hearing, discussion, and decision should endeavor to identify themselves for the record upon speaking or asking questions. The Mayor will endeavor to ensure the participants in the public hearing clearly identify themselves and any Materials referenced during the hearing for purposes of creating an adequate record. C. A record of the public hearing, including all presentations, testimony, documents and other materials submitted, discussion, and decision shall be made and kept by the' Town, including a fiill audio recording, or; if the meeting is conducted using video, :a fiill audio and video recording. Section 2, The Board of Trustees Handbook and Orientation Telephonic Participation in the event of a Disaster Emergency is repealed in its entirety and re-enacted to provide: I.n the event of a local disaster emergency, which calls for a Telephonic Participation meeting, notice and the procedure for public participation shall be posted at Town Hall and published on the Town's website: www.firestoheco.goy and such other electronic means as the Town deems appropriate. INTRODUCED, READ AND ADOPTED this day of 2020. U ATTEST: i TO SEA, o a 4 J�Q o PRO ED AS TO FORM: Williai . Hayashi, Town Attorney • 3 TOWN OF FIRESTONE, COLORADO L bbi SinWlar, Mayor • RESOLUTION NO.20-50 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ESTABLISHING CROSS CONNECTION ADMINISTRATIVE FEES WHEREAS, Section I3,05.010 (A) (5), Authority, of the Firestone Municipal Code ("Code") authorizes the Board of Trustees to establish fees for the costs incurred by the `1'own's Public Works Department in administering the Town's cross connection ordinance; and WHEREAS, Section 13.05.030 (F) (2) of the Code requires that the Public Works Department provide a written compliance notice to any owner whose plumbing system has been deemed to present a risk to the Town's public water distribution system through an uncontrolled cross connection; and WHEREAS, staff estimates that the administrative cost to investigate, verify, prepare and send each Compliance Notice is approximately $100 per notice; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: An administrative fee of $100.00 per Compliance Notice is hereby established. INTRODUCEDCAD ADOPTED this 22nd day of April, 2020. �-t� ,,�TOWN OF FIRESTONE, COLORADO .• - ai� bi Sin r, Mayor ATTEST: J ss'calCocnig, Iowi 1: QPD AS TO a Willia ayaslu, Town Attorney 0 • RESOLUTION NO.20-51 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING A COLORADO DEPARTMENT OF LOCAL AFFAIRS ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT APPLICATION FOR THE FIRESTONE TOWN HALL PROJECT IN AN AMOUNT OF $1,000,000.00; AND SETTING FORTH DETAILS IN RELATION THERETO. WHEREAS, the Town of Firestone, Colorado wishes to pursue funding from the Colorado Department of Local Affairs' Energy and Mineral .Impact Assistance Program for the 2020 grant cycle; and WHEREAS, Town Staff has selected the Firestone Town Hall Project for submittal to the Department of Local Affairs for consideration.; and WHEREAS, the Board of Trustees of the Town of Firestone believes it is in the best.interest of the Town to submit this project for funding; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: • Section I. Construction cost of approximately $7,500,000.00 for the Firestone Town Hall Project; Section 2. The Board of Trustees of the Town. of Firestone authorizes staff to submit the above referenced project for consideration for Department of Local Affairs funding. . Section 3. That submitting this project for the purpose of accepting funding for the Firestone Town Hall Project is found to be in the best interest of the Town of Firestone, and necessary for the preservation of the public health and safety. INTRODUCED, READ AND ADOPTED thisW day of I' , 2020. ATTEST: �atsroN� r �a�Yf� •�. m' SIT, 110 `l�; NtY. GG• APR D. AS T�M: . Willia iayashi, Town Attorney Of FFIRElSTONE, COLORADO bi Sini�lar, Mayor . RESOLUTION NO.20-52 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY PERTAINING TO THE CONDUCT OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, in accordance with Colo. Const. Art. XIV § 18 and C.R.S. § 29-1-203 Weld County ("County") and the Town of Firestone ("Town") are authorized to cooperate and contract with each other for any function, service, or facility lawfully authorized to each; and WHEREAS in accordance with federal law, the United States Department of Housing and Urban Development is to develop viable urban communities by providing decent housing and suitable living environments and the expansion of economic opportunities for persons of low and moderate income by providing financial assistance in the form of block grants to state and local governments via the Community Development Block Grant Program ("CDBG"); and WHEREAS to be eligible for CDBG funds the County must first qualify as an "Urban County" and the County strives to obtain such qualification for the CDBG 2021-2023 Grant Program Years; and WHEREAS as the County lacks the legal authority to conduct certain community development and housing assistance programs within the Town and as the Town to receive CDBG funds must be included in the County's request the parties desire to enter into an intergovernmental agreement so that both may obtain CDBG Program Funds; and WHEREAS the Intergovernmental Agreement sets forth the administrative duties and obligations of both the County "Urban County" and the Town "Participating Jurisdiction" as to CDBG matters regarding the delegation of authority, project timelines, accounting standards, expenditure, restrictions and records retention. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COLORADO THAT: The Intergovernmental Agreement between the Town of Firestone and Weld County for Conduct of a Community Development Block Grant Program in Weld County is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Intergovernmental Agreement on behalf of the Town. Done and resolved the 2)day ofA"I - 1 , 2020. 0 ATTEST: *%� �'m SEAL 10 Q SincMar, Mayor APPROVED AS TO FORM: • E INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN WELD COUNTY THIS INTERGOVERNMENTAL AGREEMENT {"Agreement") is made this ay Of 2020, by and between County of Weld, by and through the Board of County Comm sinners of County of Weld, whose address is P.O. Box 758, 1150 O Street, Greeley, CO 80632 abody corporate and politic� o tate of Colorado, hereinafter referred to as "County," and se address is unicipality located in Weld County, State of Colorado, hereinafter referred to as "Municipality." County and Municipality may be referred to collectively as "Parties," and individually as "Party." WITNESSETH: WHEREAS, in 1974 the U.S. Congress enacted the Housing and Community Development Act of 1974 ("the Act") thereby permitting and providing for the participation of the Federal government in a wide range of local housing and community development activities and programs, which activities and programs are administered by the U.S. Department of Housing and Urban Development ("HUD"); and WHEREAS, the primary objective of Title I of the Act is the development of viable urban communities by providing decent housing and a suitable living environment and the expansion of economic opportunities, mainly for persons of low and moderate -income. This objective is to be accomplished by providing financial assistance in the form of block grant funds to state and local governments for the conduct and administration of housing and community development activities and programs as contemplated under the Act via the Community Development Block Grant ("CDBG") program; and WHEREAS, HUD rules and regulations governing the CDBG Program, as published in 24 C.F.R., Volume 3, Subtitle B, Chapter V, Part 570 ("CDBG Regulations"), provide that a county must qualify as an "Urban County," as defined therein, and submit to HUD an annual request for funding in the form of a Three (3) year Consolidated Plan ("Consolidated Plan") and an Annual Action Plan ("AAP") or a Three (3) year Consolidated Plan with an Annual Action Plan component ("CPAAP"). The municipalities and other units of local government within an Urban County may be included in the Urban County by intergovernmental or cooperative agreement and may thereby be included in the Urban County's CDBG Program; and WHEREAS, Weld County wishes to obtain Urban County classification for the next three successive fiscal years 2020 -2022 and future years; and WHEREAS, rules and regulation to qualify or re -qualify as an Urban County are published annually and the notice for the Federal fiscal years 2020-2022 are published in HUD Notice CPD-19-04, "In'structions for Urban County Qualification for Participation in the Community Development Block Grant (CDBG) Program for Fiscal Years (FYs) 2020-2022;" and Page ! of 10 Pages oWo - 19o21 �� WHEREAS, HUD has determined that County is authorized to undertake essential community development activities in its unincorporated areas that are necessary to qualify as an Urban County to receive funds from HUD by annual grant agreement. This determination is based on the authority granted County pursuant to §§ 29-3-101 to123, §§ 30-11-101 to 107; §§ 30-20-301 to 310; and §§ 30-20-401 to 422, Colorado Revised Statutes (C.R.S.), as amended; and WHEREAS, it is recognized that County does not have independent legal authority to conduct some kinds of community development and housing assistance activities within the boundaries of Municipality and, therefore, its ability to conduct the CDBG Program in Municipality is limited. Accordingly, in order for Municipality to be considered a part of the Urban County and be included in County's annual requests to HUD for CDBG Program funds, CDBG regulations require that Municipality and County enter into a cooperation agreement wherein Municipality authorizes and agrees to cooperate with County to undertake or to assist in the undertaking of essential community development and housing assistance activities within the boundaries of Municipality, as may be approved and authorized in County's annual grant agreements with HUD; and WHEREAS, pursuant to Colo. Const, art. XI'V, § 18 and § 29-1-203, C.R.S., as amended, County and Municipality are expressly authorized to cooperate and contract with each other for any funetion, service, or facility lawfully authorized to each; and • WHEREAS, County and Municipality have determined that it would be mutually beneficial and in the public interest to enter into this Agreement. Municipality that has entered into an intergovernmental agreement with the County shall be considered a "Participating Jurisdiction" and shall be eligible to participate in the County's CDBG programs for the County's qualification period. • NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth, the sufficiency of which is hereby acknowledged, County and Municipality agree as follows: I. TERM OF AGREEMENT: This Agreement covers the CDBG Entitlement program. The initial terra of this Agreement shall be for three (3) program years, beginning July 1, 2020, ending June 30, 2023. Funding for this Agreement is based on Federal fiscal years, which begin October 16' and end September 30th of the following year. This Agreement shall automatically be renewed for an additional three (3) year term unless either party provides written notice that it elects not to participate in a new qualification period. By the date specified in HUD's Urban County qualification notice for the next qualification period, County shall provide notice to Municipality of its right not to participate in the additional term, pursuant to applicable HUD regulations. Any changes to this Agreement required pursuant to HUD's Urban County Qualification Notice shall be made by written amendment to this Page 2 of 10 Pages • Agreement, which shall be mutually agreed upon and executed by both Parties hereto and submitted to HUD. This Agreement shall remain in effect until the CDBG funds and Program Income ("PP') received with respect to activities carried out during the three-year qualification period and any applicable successive qualification periods pursuant to renewals of the Agreement are expended and the funded activities completed, and County and Municipality cannot terminate or withdraw from the Agreement while it remains in effect. II. RESPONSIBILITIES OF MUNICIPALITY: A. Municipality and Coun Cooperation. Municipality will cooperate and work with County in the preparation of detailed projects and other activities to be conducted or performed within Municipality during the Federal fiscal years during which this Agreement is in effect. Municipality will also cooperate with County, and County will cooperate with Municipality, to undertake or assist in undertaking community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. The finalized projects and activities will be included in County's AAP when required, annually. Municipality understands and agrees, however, that County shall have final responsibility for the selection of all projects and activities to be included in the grant requests and the submission of requests. Municipality shall cooperate fully with County in all CDBG Program efforts planned and performed hereunder and does hereby allow and permit County to undertake or assist in undertaking essential community development and housing assistance activities within Municipality as may be approved and authorized in County's CDBG Plans, Agreements and/or Contracts, including the AAP, when required. B. Deleeatiion of Administrative and Supervisory Control. Municipality acknowledges that County is ultimately responsible to HUD for the supervision and administration of any funds received by the Urban County or Participating Jurisdiction under the CDBG Program. C. Subrecivient Agreements. Pursuant to CDBG Regulations, as published in 24 C.F.R. Volume 3, Subtitle B, Chapter V, Part 570.501(b), Municipality is subject to the same requirements applicable to "subrecipients," including the requirement of a written agreement as set forth in 24 C.F.R. Volume 3, Subtitle B, Chapter V, Part 570.503. Additionally, County shall use Sub -recipient Agreements for all projects administered on behalf of Municipality and shall notify Municipality of individual project and/or Activity County approvals. The Agreements may contain the Project Name, Project Purpose, Scope of Service, Project Description, Performance Measures, Staffing and Description of System Delivery, Project Budget, Time of Performance, Reporting Requirements, Labor Standards requirements (if any), Environmental Review Requirements and other Financial Information. This Agreement shall govern such elements as PI, Reversion of Assets, Records, Reports and Asset Management. Page 3 of 10 Pages D. Project Timelines. The timeline for a project or activity shall commence when County provides written notification to Municipality of proposal/project/activity approval and authorization by County and/or HUD and a fully executed Subrecipient Agreement. Municipality shall submit to County, no less frequent than annually, formal Municipality proposals, including a timeline and budget for each project or activity. The timeline shall specify the length of time needed for each phase through the completion of the project or activity. Municipality shall comply and/or require its contractors and/or sub -contractors to comply with the timelines submitted and Municipality shall allocate the funds received hereunder accordingly. Municipality understands that failure to comply with the timelines may result in cancellation of a project or activity and/or the loss of CDBG funding, unless County determines that extenuating circumstances beyond Municipality control exist, permitting the project to proceed and be completed in a reasonable time. . Unobligated or unexpended funds not used by Municipality shall be transferred to the allocation formula for redistribution. County will review all CDBG projects and activities to determine whether they are being carried out in a timely manner as required by CDBG Regulations, 24 C.F.R. Volume 3, Subtitle B, Chapter V, Part 570.902. E. Payment Process. 1. Applications for Funding. Before County distributes any funds to Municipality under this Agreement, Municipality shall submit to County an application for funding, which shall be in the form and format specified by County and in • compliance with HUD regulations. F. Non -Appropriation Clauses. Municipality agrees that every contract to which it is a party involving the use of CDBG funds allocated hereunder shall include a non - appropriation clause. Such clause shall state that the funding therefore is contingent upon the continuing allocation and availability of CDBG funding and not upon the availability of County General Funds. is 1. Accounting Standards. Municipality's financial management system shall be in compliance with the standards specified in OMB Circular A-87. In addition, Municipality shall comply with OMB Circular A-110, Attachment F, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. G. Expenditure Restrictions. All CDBG funds approved by HUD for expenditure under County's Grant Agreement, including those that are identified for Municipality projects and activities, shall be allocated to the specific projects and activities described and listed in Municipality's proposal for funding, Agreements, and Contracts; such funds shall be used for no other purposes. No project, activity, or the amount allocated to a given project or activity may be changed without the written concurrence of County and/or HUD, as required. H. Additional Spending Limitations. Municipality understands that, while this Agreement is in effect, it may not apply for grants under the "Small Cities" or State CDBG Programs Page 4 of 10 Pages • and HOME consortium with other local governments, except through the County regardless whether the County receives a HOME allocation for the Federal fiscal years during which it is participating in the Urban County's CDBG Program. 1. Municipality as independent Contractor. Municipality shall be responsible for the direct day-to-day supervision and administration of the projects and activities for which it receives funding under this Agreement. As such, Municipality shall be deemed to be acting as an independent contractor and not as an employee of County. Municipality shall be solely and entirely responsible for its acts and omissions, and the acts and omissions of its elected officials, employees, servants, contractors, and subcontractors during the term and performance of this Agreement. No elected official, employee, servant, contractor, or subcontractor of Municipality shall be deemed to be an employee, servant, contractor, or subcontractor of County because of the performance of any services or work under this Agreement. Municipality, at its expense, shall procure and maintain workers' compensation insurance and unemployment compensation insurance as applicable and/or required by law. Pursuant to the Workers' Compensation Act, 8-40-202(2)(b)(IV), C.R.S., as amended, Municipality understands that it and its elected officials, employees, and agents are not entitled to workers' compensation for the payment of Federal and State income tax on any moneys earned pursuant to this Agreement, as a licable. Unemployment insurance benefits will not be available to Municipality unless unemployment coverage is provided by the Municipality or some other entity. J. Excessive Force. Municipality has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and; 2. A policy enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. K. Record Retention. Municipality shall maintain records and accounts of the funds it receives hereunder in accordance with accepted accounting procedures and any applicable Federal and State laws and regulations. Municipality will provide full access to these records to County, the Secretary of HUD or the Secretary's designee, the Office of Inspector General, and/or the General Accounting Office, so that compliance may be confirmed regarding the expenditure of funds pursuant to this Agreement. Municipality further agrees to provide County, upon request, a copy of any audit records pertaining to Municipality's CDBG Program operations during the term of this Agreement. Municipality shall retain all records pertaining to this Agreement for a period of ten (10) Federal fiscal years following the termination of this Agreement. Page 5 of 10 Pages • is L. Termination Asset Management. If Municipality terminates its participation in the Urban County CDBG Program, any assets acquired under this Agreement or from CDBG Program funding shall be managed or disposed of in accordance with 24 C.F.R. Volume 1, SubtitIe A, Part 85 and any other applicable HUD and/or Federal regulations. M. Compliance With Local Laws. All responsibilities of Municipality enumerated herein shall be subject to applicable State statutes and regulations and Municipality ordinances, resolutions, and rules and regulations insofar as they apply to projects or activities located within Municipality. III. RESPONSIBILITIES OF COUNTY: A. Administrative Oversight. County, as a designated Urban County and Participating Jurisdiction, is ultimately responsible for the administrative oversight and supervision of all funds. As such, it is responsible for ensuring that all funds allocated to Municipality are expended in accordance with the AAP, all Agreements and/or Contracts, and all applicable Federal, State, and local laws, ordinances, resolutions, regulations, and laws pertaining to this Agreement. It is the intent of County to exercise only that degree of administrative and supervisory control concerning Municipality projects and activities as necessary to comply with such requirements and in accordance with the provisions of this Agreement and any Subrecipient Agreement. B. Distribution, of Funds. The distribution of CDBG funds between County and Municipality shall be determined as follows: I. Administrative Allocation. County shall retain up to twenty percent (20%) of the total CDBG Program funds allocated to County for the purpose of general oversight, management, coordination and related costs. The expenditure of these funds shall be within the sole discretion of County for the aforementioned purposes. 2. Allocations to Participating Jurisdictions. The funds remaining after the subtraction of the administrative allowance outlined above shall be made available,to the County and Participating Jurisdictions. 3. Application Compliance. All applications for funds must comply with all applicable Federal laws and regulations before any fonds may be distributed. 4. Benefit to Low and Moderate Income Residents. CDBG National Objectives require that at least seventy (701/o) of CDBG funds utilized must principally benefit low -to -moderate -income residents. County and Municipality agree to utilize their CDBG Program allocations each year in accordance with CDBG Program National Objective requirements by allocating at least seventy (70%) percent of their funds toward projects or activities that principally benefit low -to -moderate income residents. In preparing applications for funding, Municipality shall also take into consideration provisions for the elimination of slurps or blight and provisions to meet Page 6 of 10 Pages • • urgent community development needs that are a threat to public health and safety and have become known or serious within the last eighteen (18) months, which are also part of the CDBG Program National Objectives. IV. MUTUAL RESPONSIBILTIES AND MISCELLANEOUS PROVISIONS: A. Compliance With Federal Laws and Regulations. The Parties shall take all actions to do all things that are appropriate and required to comply with the applicable provisions of the grant agreements received from HUD by County in which Municipality is included. These include but are not limited to: the Act, as most recently amended, including all associated regulations, rules, guidelines, and circulars promulgated by the Federal departments, agencies, and commissions relating to the CDBG Program; the Davis -Bacon Act, as applicable; Section 3, as applicable; Minority -Owned Businesses/Women-Owned Businesses, as applicable; the Contract Work Hours and Safety Standards Act; Title VI of the Civil Rights Act of 1964; Title V111 of the Civil Rights Act of 1968; the Housing and Community Development Act of 1974; The Fair Housing Act; the Uniform Federal Accessibility Standards (UFAS); the Americans With Disabilities Act (ADA); and the Residential Lead -Based Paint Hazard Reduction Act of 1992, as amended, and any associated regulations and rules. Additionally, in accordance with 24 C.F.R. Volume 3, Subtitle B, Chapter V, Part 570, no employee, official, agent or consultant of the Municipality shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The Parties shall take all actions necessary to assure compliance with County's Urban County certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. B. Governmental_Immuni , County and Municipality are "Public Entities" as defined under the Colorado Governmental Immunity Act, § 24-10-101, et seg., C.R.S., as amended. Nothing in this Agreement shall be construed to waive or in any manner limit any of the protections or immunities afforded thereunder. C. Fair Housing. County is prohibited from funding activities that do not comply with HUD's policies and regulations concerning fair housing. Municipality agrees to affirmatively further fair housing. Municipality agrees not to take any actions pursuant to funding it receives under this Agreement that would result in County being in noncompliance with its Fair Housing Certification. Municipality acknowledges that noncompliance by Municipality may constitute noncompliance by County, which may provide cause for funding sanctions or other remedial actions by HUD. Urban County funding shall not be used for activities in, or in support of, any locality that does not affirmatively further fair housing within its own jurisdiction or that impedes County's actions to comply with County's Fair Housing Certification. D. Reporting. Municipality will file all reports and other information necessary to comply with applicable Federal laws and regulations as required by County and HUD. This includes providing to County information necessary to complete the Consolidated Annual Page 7 of 10 Pages • Performance and Evaluation Report (CAPER) in a timely fashion. Requirements will be specified in individual Agreements and/or Contracts. County shall be responsible for confirming the compliance of Municipality projects with applicable Federal laws and regulations. County shall further be responsible for maintaining proper documentation of County's administrative expenses and for determining that all necessary reports and information are filed with HUD and other. applicable Federal agencies in a timely fashion. 1. Support of Non refit Or anizations. County recognizes nonprofit organizations as being valuable partners in addressing the needs of low and moderate -income citizens. Municipality is encouraged to provide financial support utilizing its General funds, CDBG funds, and other available funds to support nonprofit organizations that serve low-income residents within the Urban County and/or Municipality. CDBG funds should supplement activities above and beyond what local Municipality funds normally support; they are not meant to displace use of local support. 2. Termination. This Agreement may only be terminated as provided herein or as otherwise provided by Federal, State, or local law, ordinance, resolution, regulation, or rule. E. Entire Agreement. This writing, together with the exhibits attached hereto, constitutes the entire Agreement between the Parties with respect to the subject matter herein, and shall be binding upon the Parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of the Parties. F. No Third -Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in the Agreement. It is the express intention of the Parties that any entity other than the Parties receiving services or benefits under this Agreement shall be incidental beneficiary only. G. Severabil i. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision to the extent that this Agreement is then capable of execution within the original intent of the Parties. H. Modification and Breach. This Agreement contains the entire Agreement and understanding between the Parties and supersedes any other Agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, notation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the Parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the Party Page 8 of 10 Pages • • • claimed to have waived or consented. Any consent by any Party, or waiver of, a breach by any other Party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. r. Prohibition of Fund Use. The Parties may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local govemment, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act. This requirement is contained in the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act. J. Legal Opinion. The terms and provisions of this agreement are fully authorized under State and local law and the agreement provides full legal authority for the county. K. Notices. All notices required herein shall be mailed via First Class Mail to the Patties' representatives at the addresses set forth below: MUNICIPALITY: COUNTY: IN WITNESS WHEREOF, County and Municipality have duly executed this Agreement, which shall become effective as of the latest date written below. ATTEST: Firestone , COLORADO .Page 9 of 10 Pages By: c� G ( � J muu G; ... CMayor �;O ATTEST: wAmw G1COUNTY OF WELD, STATE OF V. COLORADO, by and through the BOARD WELD COUNTY Clerk to the Board OF COUNTY CO1bI1VIISSIONERS OF THE COUNTY OF WELD By By: (Deputy) CIO to 1§ie Bo d Mike Freeman, Chair MAY 0 6 2020 r . RESOLUTION NO.20-53 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A FINAL DEVELOPMENT PLAN FOR CERTAIN REAL PROPERTY LOCATED AT LOT 3, OAK MEADOWS VILLAGE FILING NO. I WHEREAS, Oak Meadows Commercial, LLC, as owner of certain real property legally described as Lot 3, Oak Meadows Village Filing No. 1 (the "Property"), and on behalf of Christian Brothers Automotive Corporation, as development applicant ("Applicant"), have submitted a proposed final development plan for the Property, entitled "Final Development Plan Oak Meadows Village Filing 1 Lot 3 Section 6, Township 2 North, Range 67 West of the 6" P.M., Town of Firestone, County of Weld, State of Colorado, Christian Brothers Automotive" (the "Final Development Plan"); and; WHEREAS, the Firestone Planning and Zoning Commission, after conducting a public hearing on the Application on May 7, 2020, rendered a decision recommending approval of the Final Development Plan with two (2) conditions as more fully set forth in PC-20-05, dated May 7, 2020 and; and WHEREAS, on May 13, 2020, the Board of Trustees conducted a public hearing on the Final Development Plan a; and WHEREAS, after reviewing the record of the Planning Commission public hearing, and after considering the testimony, evidence and argument presented at the Board of Trustees public hearing, the Board of Trustees finds and determines that the Final Development Plan is complete, and that the Applicant has met the applicable requirements and standards set forth in the Firestone Municipal Code and Firestone Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees acknowledges the Planning and Zoning Commission's findings of fact in this case, as detailed inResolution PC-20-05. Section 2. The above Recitals and Findings of the Board of Trustees are hereby incorporated into this resolution. Section 3. The Final Development Plan, Oak Meadows Village Filing 1 Lot 3 Section 6, Township 2 North, Range 67 West of the 6ch P.M., Town of Firestone, County of Weld, State of Colorado, Christian Brothers Automotive, attached hereto as Exhibit A and incorporated herein by this reference, is hereby approved, subject to and contingent upon compliance with the following conditions: (a) The Applicant provides an updated title commitment when the mylars are provided for recording, dated no later than thirty (30) days prior to submission ofmylars. (b) All minor, technical corrections to the Oak Meadows Village Filing No. 1, Lot 3 - Christian Brothers Automotive final development plan shall be made to the Town's satisfaction. (c) The Final Development Plan, Oak Meadows Village Filing 1 Lot 3 Section 6, Township 2 North, Range 67 West of the 61h P.M., Town of Firestone, County of Weld, State of Colorado, Christian Brothers Automotive shall not be recorded until such time as all conditions of this section have been fulfilled by Applicant. Section 4. Approval of the Final Development Plan, Oak Meadows Village Filing 1 Lot 3 Section 6, Township 2 North, Range 67 West of the 61h P.M., Town of Firestone, County of Weld, State of Colorado, Christian Brothers Automotive that is the subject of this resolution, shall be null and void if the conditions set forth in Section 3 above are not complied with, unless extended by Resolution of the Board. INTRODUCED, READ AND ADOPTED thi�iay offil 52020. TOWN OF FIRESTONE, COLORADO f4�A M B4Abi Sin ar, Mayor • FINAL DEVELOPMENT PLAN OAK MEADOWS VILLAGE FILING i LOT 3 BLOCK 1, SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO CHRIS11AN BROTHERS AUTOMOTIVE LOVER SKEET SHEET 1 OF 21 ACCEPTANCE BLOCK AND NOTARY: er eOFM ea �, Fc MFFF min®aom Am AM" 6 x Nmmamm AIN MmIIr Im7lvn muas� /FrHrM Mmamw m Jim SAM"M 011 ma a mama Mum W ins m a[ FORMED mnmmma MM AfplMa®1o0a m_C.x v m_ • ones WOW Cullom W"M rlingmc Fl nobly I= Fla me ID 19 caa® al m� w m_.w mom Flo ar.Iww tMxsmn, me<cTom roan w Was AM OR= ffL TOWN APPROVAL BLOCK_ /W®IW m OE W7 MW Or FmSmF W 0E W16 NISIMS, WMID) 911e aT Qom.^ Z _ Ff mMI1Mr w 0101 Aa mrl MEFII LEGAL DESCRIPTION: WWA=%%MR=tEOf}MmsI &anal l nreaa� i IMM um a 10111 CF rFaOE, MEW w MA MT Or mlLlm Kmmw whams below. Call bdomm you mg. Jti'f' r � �glj� %%ff rll i. ��. 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J6SW➢7S1 • 0 FINAL DEVELOPMENT PLAN OAK MEADOWS VILLAGE FILING 1 LOT 3 BLOCK 1, SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO CHRIST1AN BROTHERS AUTOMOTIVE Howzolriu cofmEa R.lw SHEEN I of 21 I I [F 1 I I i JJ l` r rxaFr F9R E I I I I 6 n aecaF F I II I r i I I 3 W ux@mm F9R + j - EC PFI j it I lEC >A 310WW it I %' i i i i Ofp'. TEhI OriSL col V� I I tl! � iUiCF LCtlI � I I i �"TF-• A• •s- William ! L � I •I �" ►¢— 1Q O11rFT Fl@!IE]{i . IV-110 .:. i ` l• ,F. �� p0.� �IImFiiF mllr �C)j IF1m--- -- r . • iir ! II•I 3 E3� OmC 1W v pp mer•nev...p��n - lClFim �¢.'� Lam.-•:; III Rmmff ] f � . • . � . j i [OBC t1s S . a4LL1LT - �' ..: t 7AA A � 0p116L M SF- � S . i9MAi - 'I f X Y •I L N � Qr FAgpli dv.'C1) 7 37 :- m�ixa�riir i9iW7 MILI�fF QS%/1' AiROLl Mlddt�M •'MYpFF � mle .. .. .....: ,*:': `• r..i'.f� '.=� QF:6%1 E4F QF.'�p �. ar l •II' ! 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CMM AIR CRI9IASISI Ta �r mma S Kn can AID All Paumms Rol n IK S mn 1aaRK N ck a a AIR CMEXTO Ofm ado AR OEIE"Q, MM �. H• ONMCM a ff PE9a®L M MSXWN Or AIR AM= NFAM W MM M Y4 WRANN on aMwV KR ma0-w-MAtl =AM MW sm ow A$ MR a RR Mom ALL Dane m aA bm AID LOSDDICMDM Ri1C5 ANT YRY[! DLWR K im m Lwa IME7 w MDMA my Palma a _ per. C5 K�.mers below. Cali Won you dig. FINAL DEVELOPMENT PLAN k, M,-0" OAK MEADOWS VILLAGE FILING 1 LOT 3 BLOCK 1, SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TFi P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO CHRISTIAN BROTHERS AUTOMOTIVE I j UTUilf PLMf - SHEET 8 9F 2E I rI i YSRC �[ �1 URM PLAN m o a a -�. Z � I wF" E80-DFT wens w m.o W 4837M _ o- WIM wesun Tl �w Dam Y Iw ■ E ffm mnm6 mmE E M 7 s a P Amato Fl A Mz t �11: k L TT F1M'-MQ-"prWAM tl rl-'\ WM MMM AM SWWMX MTAL \MC71 4rrsq. aw r MMMM PAVBW WCOM (PWAM Xwhirs below. Call betas YDU mg. REP FINAL DEVELOPMENT PLAN OAK MEADOWS VILLAGE FILING 1 LOT 3 BLOCK 1, SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO CHRISTIAN BROTHERS AUTOMOTIVE spate sP® Wirt V LW (Z) $=POST PWA"MN MAL IZ151 7' 0=EJE PAMM SECTION (FWATO SnE DUALS SHEET Z Of 21 r Enow (Z) CROSS PAN DETAIL kON iP (!:T—) ASPHALT PAV50n SECTM MAI* IZ01 r4-"% CHAM XTNL 1i ,t UP t-F-i S"MX PAVi =M (MATO \W17 STAEILM STAG= AREA OETAR N SEMINS AND MULCHING DETAIL CS FINAL DEVELOPMENT PLAN OAK MEADOWS VILLAGE FILING 1 LOT 3 BLOCK 1, SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO CHRISTIAN BROTHERS AUTOMOTIVE EROSION CONTROL DETAILS SHEET 9 OF 21 ems..,. ...........m ..�,r,,...,e Rn 5= MV& 4 M*W Mom INNTROL DUML mwn,E FASHow MEA_Mum RB GS CB RR (�� SILT FFNCF rN---- 5ecnoN a 5l-1. S11T FFNf:F (o_.j 9LT FENCE GETAL IF-0811 0 1 0 • Ic l eyn G bu r._u a el. flw t w.r n inr Ca.uYnen m r� US r..e rl.. ,M 1 s �GlFB MAIER IVEEFR NOTES OETAL 09 W ST- VRAIN SANITATION DISTRICT TYPICAL, GREASE INTERCEPTOR 22 FINAL DEVELOPMENT PLAN OAK MEADOWS VILLAGE FILING 1 LOT 3 BLOCK 1, SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO CHRISTIAN BROTHERS AUTOMOTIVE IfTILIIY DETAILS SHEET 6 OF it 7 MOM (PATER SUMM OETAL ffi W -m 1M w 3 STANURD MEOMk MINK SETTW DETAIL !-4 _] FWE WMAM #?AtL ffiW - CSW ST. VRAIN SANITATION DISPRTCT 'TYPICAL SERVICE CONNECTION � sAwrtNTr sERvuz DETu--_-- ffi W -- - 60 ST. VRAIN SANITATION DISTRICT SERVICE CONNECTION USING A TAPPING SADDLE( 8 SAWART TATR= SADDLE DETAIL W W �� 0 X { GATE VALVE DETAL C8 W ST. VRAIN SANITATION DISTRICT MONITORING MANHOLE DETAIL TOP VIEW DIAGRAMS GDES.r,I iusTnk i .nnrr ENLLA�iLOtt. m:sls, m. m •ra1E,..+ /� SWTARY WOMM AIR M70JL_ m� MWW NtWAW -------- �-------- ---------- -- O n m a O a TI O f2/7 m S r 0m z O O Z r O O Z L4 r7-1 t com W O < M N I' I m O o m m n cn I, Z7 0 m O nOrn cam- z 0 r O � J 2 J D � � N O Z O � �z _ 0 r, O x� n a z a 0 CDm rn J m (/I Ln II III I i I I I I I I !I it sill. SICHRISIIAN BROTHERS AUTOMOTIVE �m �m In/� LTVASELINE j� M i0'MV OF RRESi➢F� WiU) COUNTY mw emmns le6 �fil�m mn N CHRIS11AN BROTHERS AUTOMOTIVE Div •fcm ■■ w OmAm KAN NOS P. 112:x:hL. f m w", fAIYK:@IXUA Y ]OA10.19GA6 F.. S11D4'IBiSJ • • • FINAL DEVELOPMENT PLAN OAK MEADOWS VILLAGE FILING 'l LOT 3 BLOCK 1, SECTION 6. TOWNSHIP 2 NORTH; RANGE 67 WEST OF THE 6TH P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE.OF COLORADO CHRISTIAN BROTHERS AUTOMOTIVE ARCHITECTURAL ELEVATIONS 6 SIGNAGE 1 SHEET 11 OF 21 ml [„fmC.9 +7[0 ill, Ray, PC-f- ouuhT 10� [,� / a�m�t rt e Ccm yE� � / tl! / Co!,'mNVS ROLE vhvii ' — x'- 7} 6 I f L wrt 1 _ �IM EL EVATIQN # Kf wlwrebelow. i Callbet you Afg. F7^I cacti Y L -M1Y tl6rC vJC, W Z 0 WW 0 Q a R a W m m , R: s L PEE �, TYPICAL NOTES,. POR'ALL-ELEVATIONS rou�L JJL rgpp'R:a „'}CErilS. [a.E°, ,g5[IlY tl�Es, F ff IU XI', a �Y,llW [H -xln 9AxG w,x [KNOi'J Y.:CD ' r✓-,.1"4u°yt [K�tS ,11,,' 1] °f Gx fll�,o a.� :,qf ai. q .[iiu.r, ln:5' r1NOR1H S0,E ELEVATION _,21� AnGnPCnmu EIEVATnNS em)s 9t�ruE R Kn vpwesbelow. Call betas yw mg. FINAL DEVELOPMENT PLAN OAK MEADOWS VILLAGE FILING 1 LOT 3 BLOCK 1, SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO CHRISTIAN BROTHERS AUTOMOTIVE ARCHfTECTSIRAL ELEVATIONS 651GNAGE 2 SHEET 12 OF 21 .xcnrnw � w. iy�<ho.m MXI a,. :rcriJiv coTOi� ac<. an s MI. —171 r1�Ui�1Y5T�R ENCL05i1RE ELEVATION V �� ✓ L HSIUE_ELt1AT1UN TYPICAL NOTES. FOR ALL ELEVATIONS '`a;T-"�T;�,"E;-O u� nrz�.'mw" rsro�e�Is R l ,,% °ira= .�IIuxu � in �� s..rc c xy r,rrnsr xna 3N113Sd� Ja"t aria sMLabLOHd aun3 MM »+M ew 3%opmav S93H 098 NVLLS18HO aVdr ALNrO3 OU% 3MOIS30U JO Im �' S1Otl10p� muowolnv SUKLUG NVLLS18HO • 1• z 0 W W Ln LU n LD CD m , Q LY � o z [r � z cV = N O � a � O L6 M QZcn ,8 L) W z h C7 LLJ (L' in _LLJ m M L� F-- L� Z Q Q z LL, Fy U CD J �p s � o � w m 0 • e+ A ;n .a A � A ! . .n . F � A � .n I . A � '.) . 3 r h F ' A P .� r+ �A P A of P A oar �� •�� 1..�, A A A IA p. i yp¢ _ _ -- __. - -_ ... _ ! A A .� • . - Y n s .� A . A p A . N � . • - A- A . i 41;-4- Y • •+ ._ Y of b to f�►1ig} 11I4 �11 i I ( ! E 7 -� f 'M { i� eh' 111"I'Mil 7�I F i 11 el Aili�E'ImIi !'E . �J f 11 _l i 7� � 3 ;1 c E (>yy } m _iE 31f1 f1�,11�1E. lel jfiiYj i1fl'' Ifs WA4, i Lti'E1I �'E}l�t�lfaf� E�ll►Il� !{ii� �ii� }fiEi E;i�Fi� � ��— i GENERAL GRADING AND PLANTING NOTES FINAL DEVELOPMENT PLAN OAK MEADOWS VILLAGE FILING I LOT 3 BLOCK IF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE ffH P.K TOWN OF FIIZEnomi. COUNTY OF WELD, STATE OF COLORADO BROKERS AUMMOfI'M LANDSCAPE PLAN SHEET 14 OF 21 t- PLArrtwOR�OPwpec TLE OA•LTRAOTOR OONFFers �I! 1I [ Iik41 I __� iXAr'£11wa Rwrs RUA o.Axo mu ca�Lv rmx TXe wuocuTm lroTES. siEcsvrcwrgxs,um oErAfuxnTn I � js` i Mil }} 3. TIff B£4mI1 CONIPACrOf115 PE59BN501£ FdI REMO'NNB ALL E%L4T4R3 LFGETATgN EIICEVi W1fE11E' I I I i I 1 '. LIAw�. TIa LmFrwcTLw eHwLt UAwlAu ururES WFFa1E aEaF.ixa Puwrwa Axn � f�� ; f J�� i ; ; � sue^ PtRIGAl1oFfRATKXYS. 6xOUDAOTUM1t HfF-ITY LS><.LTA]Na BE 811a9rAHM11Y OIFFERENSH411HOSE ^ _ ; sxOwR OR TFE RAi6, IrE COX[RAtipt 9uLL NOnFv T>f vfTSRra cnrrNu:.ol AXOaw1vR Fw �. l „y 1� _� r r �:AS ...� i� � � � — � �i:J:,� s,y •' --OAz _ PRO(F.EOe+O FiFmE0. MEOLgN TOT a- TE OOxTEATOF TlIECE RAFtl, xOTEa, wIA SPEfFatwc,fP®ICmA�E-REFr:Rs rr)TrE Fvw EIENM1IgR OF T1E SOR 9URFwOE MOL TOP OF MOONT AS WOIOATEL ixE OPAOPq PUPi3. f 1-yf+tf:� -�..-_-_I_____-- i F I -] f , `{T .. BEFORE aTMTINO WORK THE LAIFiaGIPE CONTRwCIOR aiuLL VFfaFTrXwY THE ROOGX GlwC 9Oi `A e)�, f fi- � UI of FPn GRADE. SEE SPEC�nGAlION9 FOR YORE OETMLEO IXSSRnC110MONlTFIFAHEAANOPWliLN6 BEb PREPAPATMIN. .� f I� A ' ! — L, R1w5A1>o COlBSWIaTAlO � [ -{' �I j 11 I 1 II l IMMAp15LOPE8 ASSECDIAFSNEOeYO£GEOTECIMCAL REPORT. ALL LANOSCAPe IN SXAIl INVE PCSRNEfA+APLAOEwWwY FROu a1ROL'ruf 3wr Tx[vmwu noPE SPeclrlLnmTXE { i wnoxr�c.BwoPuxs,AxoAREA9of:PmEMULwaolXcsX+uBErncRROEoroBLExow f _ I•.V I. Lr + �E �ur�mscAVEat»ma.�w.aRA�ssrw TE Ro-oTLnlw.. OR NOT rTE EfFTxrr OFAHY 5OA vnL BE I i i it , MEEOEO,IN[INO FRO RGGBlM 111E ROIlGIf LYUOE FRdACCO. THE AAgIMTOF SOL AVEHONEM9r0 BE AOOEC BeA ECa ttK. Fop SPECSA:ATrnSL AMOTHE FFRSH O'R,TLTEs meE � � [ J,t I I �, ! S aril 1 IBASEO ESTASUSeEP. II -'{ r E S PIMIf I d. E1Y51�RET AT THEFWiSIfGMDE PI511RJ8 APLAB eY.IEBHTELY whP�Yxt TO wNAaIVA]OnFA ].�� f'. r '' I'i - - a nvrtEk ALE.HOIE.xr3.ISY RELOA•THE+IIIAOExr FrnpS ro rALawFrn�PaaP�R fALILn�BEPnI. swPEp TXE SB�sImFwarroAEET Fwu4L �mrACE.ma=IF I I Fi 1 �° aPRRfl I- awne-As spar FIFO ox TIFF cRwPRRr PLwx� AT APF«axoLATELr is Awwr rrmu rHF wwLxs I f - • 11 I EtCAfRE TXAT THE FFASXORAOE Wi11RF ME4.aiWEOGTELY AOIALENI TO WALLL9lY OTHER 1 1.. 1 II f +\� _ WALRa TA P iwE aOA EURFAM TO MESS FlXISX ERAOI; AS.SPECIFIEB OX T-GIUpXB PIANa. AT !j I I �I f ! �.�� - STEEL EOOUN BETN£EN wPP0.MnAwTELY tYAWwv FR'}J THE WALI9, e- RESAxP®ARgE eEnNEEx TxE GRAOFIG PLAx3. 1 I [1 I - i'I I �.I- ,1' TLRF wNO IailIDS1TYP1 OEOTECNNICN REPORT. THESE NOSES ANO FVHB, ANO ACTVIL COHdTIOXa. THE CONTPACTOR l I j IF f COMRAttORAW OLMlERSl1Gl11IE16i0 THE ATTEMION OF TNF Areiv NARCH�cT.OeHr-RAL 1i A, AtL(tAxT LOGT'1Fi$MEdM,NMWUTfC. AC FSw LnewTmra sXwLL �vm Icy i J.ff_ Irc j r I AROIInECS OR OESRRiER PRIOR TO PlRRr11JG. TNF LAHOaCATE CONTRACTOR 914LLL FNOHRE TNAT All R AEfuEMfS OF nE PEpaurlFK3 M1urMO1VSY nxE UETPE, wImPL PLAxiawrTHEs, RINTnO fl I ' �, II� I 1 t i2ngp9. TIES PRmsCTION FETHpp3, ETc.A a TTE LANOSCAFE CARP!CTBN9RE9POMSBLE FOR OEIEfUmaxO PUNrt OuulY�rES: N.Axt OVANLrSF_S dxVmPI OeI IPOFxOSAIm GALOUTS APE FOR GEWERAL PIFCRL4TgN ONLY. WTHE f r j - d! I ,1 f,.L II �� . 1'{, l C I _ 1I O ENENr OFAOtaCREPANCY BEIWFEN TIE PLAN ANO THE fT.ALIT LECENO,TE P[ATIT OIUPfIT'AS 5H ON rHE PUWIFaRINOPAOIwL SY.m01-aI OR nV.LPiT IFOR OPoOIeSpOOyE'P PAITERHSIa L % yf .- 1 I J E . mAM1�iBEX �. R..�BHaF k . TXl LAMOaGAPC AIICIttrEGT. FSOME Cf THE PLMl1S/SiE NOT AYIJIABLETliE LNVOSG4IY`E � A': -I Ip� \ 1 OR BIwLroOTIFY TXE wSoaGr•�utvoiccTnwwiwOEYULP1roPFA aLFiems7- c. TxEO(>•riRFI Sx4L.,AT AFtwPPpq PRGTOF REPREaEMATNE FH6S090F ALL PIANTB �Y _,T, �� BSI y `y'Iti�l � � � �� L l PROPpSEO FOit THEFRQIECT, r AuvW THEI AX �. SCELE . TONTRACTOp DAtL 17T. IENib11r DTO ONNERIOIM+ER9 PEPREBEMAiBE N 1NSPEOr, AxO APAlVlE OR RGECi, ALL PLANIL OELNFIiEO TO THE AEFFA TO FOR jry Iffl JOBSOE. BPEdFIGTN]N$ AOIXTSMAt REBLmLEMEnrs FOR SOBfeTTwLa. S TIE OW TRAOmn sHuy uAerrAIN rIE 1, IN A NEALTMr OOXOSTIOli FOR SB GAYS 9 CEEE — ACCEPSANCE BY THEOWNER REFER rOaPECIi1GTOk9 FOR Cpr91TpM80G wCCEPTANCE FOR THE BTART & 9EE 6PEOIFEJLnpxS AWOOESAES FOR fUR1kER REOUHiEMEN1��OF TIE NdMPxANOF PEFSOO- .. Scale 1 " = 20' ROOT BARRIERS CONTRAOTOP SHAu esrAu ROOT eAmaESLS NEuiwu xtwLY.PI-AMEP TRIES —T ARP LOCATED mLFmI FWE dI iEtt OF PAYMOORCWBA ROOT aARRRR3 SIwABE CExtWv'OR bLEP�epOF na•OEEP PArRaS Sp1 C-01111L1_ RARRERS 91M1. SEtaCATEn PFElMTF1T AOlACEMT Ta HAFm9CAF�, INSrALL PANELSPER NAN�FAOTORERS RECOMAFlAATIpIS, LPSIEA NO CIRcunLsrwxm 61411 THE CONi1M�l.TOR IRE fE00T BwRREps Di wTYPE TNAS COe6LETFlY ERC WRE TXER0019ALL. MULCHES wF1ERAat PIAMFea,scmwLErE,car:TRAcrop eNrALvsr WER LANDSGPE FASRiO IANT' APptavEO11IY ALL FLAMNG MEM FXCEYT FOft TIME AlA SE£Om AREASL COMFRACTOR T SJEMT BAAFAEa OGO LRaGE9 r0 LAfms�wE ARaHRFOTAw unER FaR APPRFE PwpR sOOONsrnucrmfa Aa�OuITEtT No Pwvseon¢aTNE SHALL sE LEFT 9HpvPNO AM'APERE ON THE PROJFtt AF'rFli IXJLCH IL09 BEEN lNSTA11E0 faNBMtt TO THE CONMIOka ANO REOIMPEMExt9 aF THE �OELF-RAL ORI OXT HZI— emr[s Nor sPM,Fiiln . xi AOprtgx. EIFEppEO CEDAR TTUOQURCN EXALL BEn19TALLEOATTHE BASE OF EAON PUM ASFOLLOMB: TREES,IM pA CnN1E; BYMMS. L' DlA. cncLe. rr whambelow. Call before you Elg. Lu anmm R I• f' m i Ii i 3c o j' g --' .,:.n �. wl•_--IH—T - n .—u I, - --\r v., I .� sv�wl 11 1 r- SCA2 I I I ! F i 1 1 Ga l i I i GY h I f f \ TA100 ll I 1� :I ` O u RLLIn ' 1 d PLANTING LEGEND y 9YIIBtla BaTAwaNNYc OOe010X NALE Rpfi. BOZ ShYiN6 ReYAiLN9 c%L.r. PkRFEFF �R Id,.�rxlwa.•m. rsr., ewor�n IN. FIon m ara aPnWwaR WofaF Ta.F�.m e..a.FF con., TR. roF., Fnvnan Iti. FIa,� R xpTE', ALL TPEE98XALy BE Lp1TAtNER-OROWN.SdIr.VhEfS S�SEA9 AWpOPRNTE FIXi T1E GLIPER 59FCFiEa, $FE aPEG:FICATION6 FOR PROPER ROOT 0L4LLR1'. C2 C� b §a!s En C�ycpYW .aitss..� 914eeN�d Ab ova Sec CETE CbuY4p. yAyep L1ouAFlp MFAt{pY RT Fwt RU YFn AIOB �A>s�w ntl GeV Op Oox.WFw e5 rnv, PN M.P PRRI n.�TYNh OAS WIFW BW MuaePM PS oerA RIsa A�mW�w Gm1aM OAW hwR�BunAc aP.nF nH PNhk' PNw%auntrc \8 TLIIrF .:: Pd.'It�n�BY I ll�mN BL O.gPN 8P1 --- I LANDSCAPE CALCULATIONS TOrwl BHE wPf'L lAnggCjpEA'r-EA REQAREO: S,SSS SF mm OF pTE APEA] - LANOSOAPCAREAPROVmEO', tn.ty aF laTTwl - P_N110xP LOT LAIN.TCA� TOTK PMNxO LOT AILFJv tSASn SF 1.4+0aCWEAFraw REramao- LwasraPE aEA PRawEB, IS4F SF ITS. D<PAaIP.q LOr AREA] 2e]Tu n.Axl iarL ER uweaAPF AF�F.. zm. Kro whan below. Call bd. yw dW. E e FINAL DEVELOPMENT PLAN OAK MEADOW$ VEU AGE M ING 1 LOT 3 BLOCK 1, SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH F.M, TOWN OF FEtEMNE, COUNTY OF WELD, STATE OF COLORADO 'Qa'4Lv ,,� , CERWrM BROTHERS AUTOMOTM y' LANDSCAPE PLAN . SHEET 15 OF 21 PARKWAY OPENLANDSCAPE OR ISLMD ° 0 _ Elm z� 0 ©2 O Fill ROOF BARRIER -PLAN YiEw-STEELrEDGING .,,, ..� - - TREE PLANTING, ...p. o_•. l.....� 'O a o M� . 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VALVE SCHEDULE FINAL DEVELOPMENT PLAN OAK MEADOWS VILLAGE FILING 1 LOT 3 BLOCK L SECTION 6, TOWNSHIP 2 NORTH, RANGE. 67 WEST OF THE 6rH P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO LE CHRMUN BROTHERS AUMM07M tRRrATION PLAN SHEET 17 OF 21 Ega+ucaEL UK [,n S;_- —k ?al ma—mc Ptaev__ag_N _ - 1 ANN 9Rm RCL10OPFiF i' DRw EMRIER T,T9 ]IS4 19.11 C.eSYM RMrI stl20 xC2-tBBFRF ,• OAe, ELtrtlEq 2,ee a RAut aFS Fcx-,aBRRF rnwEln*,EN ss9 ::o.o as.ia o.ns.n NAIN BIRO PEB 1' TUPF gOTMY 19]e u'1e 95.at BUM, e , TIME NOTAx If ie AM-s S..W 0.6a,iAI Comm X1n a ..,.a KL WWSbelow. Call before you m9. I II � i I If ' f 11 €1 I I carIROLLEa-ssE xorE � METER L9EECvs} vE)8Fr LOL:ATION N FIEID, $ �4 0 \\ � �—� sAN v.N sAk sAN sw � EAN � 1 =.1— I U14" 5. I 1 CRITICAL ANALYSIS IRRIGATION DISCLAIMER Onvn,e; ]ptAt]fN 1CfB P.O C. mPmEn:m Weon hT,w Mo,Irslon'. 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A,LY m14fI1,F9 PNOvmEp aNEPRON�AASA ccIPreXIFz.cE ronlE car)I,IwraR ONLY AND BN•1L NOT 8Ecm60ERED - A9EOlUTE. AUTOMATIC DRAIN VALVES AND AIR RELIEF VALVES � uAl1TO1MTX: OIIAM YKYESATSNELdA'F9WT80F EACk LM1TERA1 LiE IILX.x YE]Al PEAOETAIL, NIEETLX. eBTK1•M RELIES VKYES ml p11P brsTEALa AT TLR LOOFTNINS SIIdMV OX THE RAfl9. A9.9 PER OEYAtLa J oil it I _L_— III �qI I� fI�J 11 III i 1� 2� -------- 1 I 1 i 111 I II i I I w m 1 i ;plel^A20'� MI t7D R DRIP EMITTER SCHEDULE s rNDnoETNEFauwnv--EMMMFORENc R•I.): F PL/JFFS. el COMAX�A AND SAM]lE0. I, �TUFC LZ cIiB EYNTERPEN 3M1A,R Cn PL/M1T0. Fs CONTAMER: 2. x➢-]WG Q GR11 FMIFlERS i£R FLAXT ILXf15, NfSCpiTANYEA a.%B-2aPC Ix OPN1 F]AI,TEAS PER P,ArR � TREES, t•TOrtTr CMBER. Fc.oi.too21F OFRI ELaTIEFS ILRX A AFF11SEi1 GP. PER TREE I5 TREES CTO.'I:uaPLx PcaT.,oafitvmlELaTIERS MRN T mFFI1SER CAP. FER TLLEE SLEEVING I WIRING NOTES: W AOpS,ON Tb FRO'JIOeIO BLEEVEe FOR KL PWXD DImFR NtTlmvava ARp Y9 TXF MRIQATgX CORTRA(:Fpq SXKL PROVIDE AND IN'TALL SGN.f6 RIC SLEEVES fORAIt CONTR0IER WIAE40CCLTIRMO urm[R M1u ROAurcar3 Arm LEEVE6 FOq COXtRnpLLER VNRES BXALLBE r Dlil AND C-0LRAM Eq rNpiE TIIAh zsvRREe, CONTROLLER NOTE mN„LOLLER AT LOUMX SL40N'ri Dli PL4N, YEIaFY LODATIOX M FEYD IMSX O1M1ER5 REPRESEnRATIra, 1�S ,A VAC PWLER Tp CONiROLLFJ1 LDGlTImi1S XOT WlTNIN TFiE m+JWTgN tin R/e/IDR COX1fuCTONa BCOVEOFwrnoL ATm tMKL minwlDeO ev OT,tENs_,IOmcA+P OF Ll',N CONTROLLER TO120 VAC SNKLEE PERFORMED O. THE RALGATpN C3W,RALTOR. � »ONcnrRR•rr-IDR SXKL COOImpuTE LOGTIOk OF VlR,E E1EEVE tR ib/✓'d PENETR1TgF6 TIYLWOR aLmntNBTnnI Q'irER A,m aEXERAlfCITtRAC)DR. IRATIDN RLM OfIDER BXALL MASCR PLM18. et FINAL DEVELOPMENT PLAN OAK MEADOWS VILLAGE FILNG I LOT 3 BLOCK L SECnON 6, TOWNSHIP 2 NORTH, RANGE. 67 WEST OF THE 6TH Pm TOWN OF PmT;crrnwp COUNTY OF WELD, STATE. OF COLORADO CERNIMN BROTEM AUMM07M. IRFWATE)N DETA" I SHEET 18 OF 21 Callbefomyouc0q. LU j Lu 0 Q. ..unaaamwv - 0 =---, CONTROLLER - WALL MOUNT, INDOOR F= 13 RAIN SENSOR. ROOF MOUNT s FINAL DEVELOPMENT PLAN .. . OAK MEADOWS VILLAGE FEING I LOT 3 BLOCK I, SECTION 6, TOWNSHIP 2 NORT$ RANGE 67 WEST Fov[gcRFFN OF THE 6TH P.M, TOWN OF F>xJ=NE, COUNTY OF WELD STATE OF COLORADO C[ RBTM BROTHM AMMOT M IRRIGATION DETAILS n SHEET 19 OF 21, O Q•.}oe ..MKo...� PRESSURE COMPENSATFNG MODULE 10-32 THREAD WITH �1 A OIFLF SER CAP ON A POLYFLEX RISER INTO A PVC TEE Know. wws below. Call before ym dig. } DRABS BALE VALVE O ; O O ��ll:l��jILY171' o 0 TRENCHING Il��ifpl=1 0 • a 9 0 0 0 II=7l- II 11 1111I III ��ll'I�II'�Il�il 'I I�.II�'I �31 Ikl II D�s�RI= a lll—.5-Ipll 11=1i lf� 7 SLEMANG O O o (j>PI%4ND SLEEVE INSTALLATION DRIP CONTROL T c�1-REMOTE CONTROL VALVE °p.' Qa �nan Qrw e.+cnewa� pw�.s.vc.wwaou. w,e.,wor m�.�are• wi+.K.w�tw Lu Q BE G cn 8 • i i FINAL DEVELOPMENT PLAN OAK MEADOWS VILLAGE FILING 1 LOT 3 BLOCK I, SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M, TOWN OF FlIMIONE, COUNTY OF WED, STATE OF COLORADO CHRNHM BROTH M AUTOMOTIVE FdWATM DETAILS ifl SHEET 20 OF 21 lipVlfl AUTOMATIC DRAIN VALVE BUBBLER W Z F-- m (D (DWATER TAP DIAGRAM poup SPRAY HEAD Xa W5 bdow. Call bftvyou dlg. c -tea s FINAL DEVELOPMENT PLAN OAK MEADOWS VILLAGE FILING 1 LOT 3 BLOCK 1, SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO CHRISTIAN BROTHERS AUTOMOTIVE SMAGE PLAN SHEET 21 OF P7 ySyH �mwm r.a,r.. w=e®.aaT�b,4a. �rnu. ' V • an.ei•n o,auw. wwa...,.rtnu�vw,.wo,.nnworav,.wn,oRrs.isn.wnrtewn,.. u,.0 p.e..r,eww.na...,. �. . me�exsae. i �o-�ucsvEMcw�srti wm,num uvuw I •••, •• Chriattan Brothers _ } AutaniaUve �i_ Cam+- T� ®�VtisX'XO if— wwg below. Call bdma y- me. v i� Christian Brothers Automotive Christian Brothers Automotive 4 G �cB Christian Brothers L" Automotive 0 RESOLUTION NO.20-54 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A DEVELOPMENT AGREEMENT WITH BAREFOOT LLC PERTAINING TO THE CONSTRUCTION AND INSTALLATION OF PUBLIC ROADWAY IMPROVEMENTS; ACCEPTING A GRANT OF A SLOPE AND DRAINAGE EASEMENT FROM MARK W. AND DEBORAH M. SCHELL AND APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND MARK W. AND DEBORAH M. SCHELL FOR SUCH EASEMENT; AUTHORIZING A LICENSE AGREEMENT WITH ST. VRAIN METROPOLITAN DISTRICT AND BAREFOOT LLC TO USE A PORTION OF TOWN RIGHT-O&WAY FOR OPERATION AND MAINTENANCE OF SIGNAGE, LANDSCAPING AND IRRIGATION IMPROVEMENTS WHEREAS, the Town has approved a Final Development Plan for Barefoot Lakes Filing 4 ("Filing 4 FDP"), which provides details of the private and public improvements to be located within Barefoot Lakes Filing 4 subdivision development; and WHEREAS, as part of the Filing 4 FDP, the Town has approved a Final Utility Plan • ("FUP"), entitled Barefoot Lakes Filing No. 4 — Ronald Reagan Boulevard, and which FUP will require construction of public right-of-way and related roadway improvements, including without limitation Ronald Reagan Boulevard and signage and landscaping improvements to be located within Ronald Reagan Boulevard; and WHEREAS, the Town and Barefoot LLC (`Barefoot") desire to enter into a development agreement for the orderly construction and installation of the public- improvements required under the approved FUP, to be accomplished in three phases, a copy of which is attached hereto as Exhibit A; and WHEREAS, it is necessary for the Town to acquire a permanent slope and drainage easement across certain real property owned by Mark W. and Deborah M. Schell (collectively, "Owner") to facilitate the installation and continued operation and maintenance of Ronald Reagan Boulevard; and WHEREAS, Owner is willing to grant to the City a permanent slope and drainage easement for Ronald Reagan Boulevard, pursuant to the terms and conditions of an easement agreement, attached hereto as Exhibit B; and WHEREAS, St. Vrain Metropolitan District(the "District") and Barefoot further desire to use and occupy certain portions of Ronal Reagan Boulevard for installation and maintenance of certain signage for Barefoot Lakes Filing 4, such as entry monuments, traffic signage, which will be distinct from the signage typically utilized within the Town ("Barefoot Signage"), as well as certain landscaping and irrigation improvements within those portions of Ronal Reagan Boulevard as described in the Filing 4 FDP and FUP; and WHEREAS, the District's and Barefoot's proposed use of Ronald Reagan Boulevard for the Barefoot Signage, landscaping and irrigation improvements will require a license from the Town, and the Town is willing to grant the District and Barefoot the necessary permission for use of Town right-of-way, pursuant to the terms and conditions of a license agreement, attached hereto as Exhibit C. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Development Agreement between the Town of Firestone and Barefoot LLC is hereby approved in substantially the same form as the copy attached hereto as Exhibit A, and the Mayor is authorized to execute the agreement on behalf of the Town. Section 2. The Board of Trustees accepts the grant of a non-exclusive, permanent slope and drainage easement from Mark W. and Deborah M. Schell to the Town to use a strip of land owned by Mark W. and Deborah M. Schell for constructing, operating and maintaining slope and drainage improvements on said strip of land. Section 3. The Slope and Drainage Easement and Agreement between the Town of Firestone and Mark W. and Deborah M. Schell is hereby approved in substantially the same form as the copy attached hereto as Exhibit B. The Mayor is authorized to execute the agreement on behalf of the Town. is Section 4. The Board of Trustees hereby approves and authorizes the grant of a non- exclusive, revocable license to St. Vrain Metropolitan District and Barefoot LLC for operating and maintaining the Barefoot Signage, landscaping and irrigation improvements within Ronald Reagan Boulevard. Section 5. The Revocable License Agreement between the Town, St. Vrain Metropolitan District and Barefoot LLC is hereby approved in substantially the same form as the copy attached hereto as Exhibit C, and the Mayor is authorized to execute the agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this day of , 2020. TOWN OF FIREST , COLORADO o i Si ar, Mayor ATTEST: a Koenig, T M7�4 G;g � I , Williarfi IFIfIayashi, Town Attorney 4594118 05/28/2020 01.57 PM Total Pages: 5 Rec Fee: $33.00 Carly Koppes - Clerk and Recorder, Weld County, CO SLOPE AND DRAINAGE EASEMENT AND AGREEMENT THIS SLOPE AND DRAINAGE EASEMENT AND AGREEMENT ("Agreement") is made and entered into this if � day of 20 a (the "Effective Date"), by and between Mark W. Schell and Deborah M. Schell, hose address is P.O. Box 943 Berthoud Colorado 80513, ("Grantor"), and THE TOWN of FIRESTONE, COLORADO, a municipal corporation, whose mailing address, for purposes of this Agreement, is PO Box 100 Firestone, CO 80520 ("Grantee"). 1. Grantor's Property. Grantor is the owner of that certain parcel of real property located in Weld County, Colorado, commonly known as the Westrian Ranch Annexation (the "Property"). 2. Grant of Easement — Consideration. For and in consideration of the covenants and agreements herein set forth, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which Grantor acknowledges, the Grantor grants, sells and conveys to the Grantee, its successors and assigns, a non-exclusive and permanent easement (the "Easement") on, over, under and across the Property as described more fully on Exhibit A, attached to and made a part of this Agreement (the "Easement Area"), subject to the conditions and restrictions set forth below. 3. Purpose _and Uses of Easement. The Easement is for the purpose of providing and maintaining public drainage facilities. Grantee may use the Easement to construct, install, • operate, use, maintain, repair, modify, reconstruct, replace, inspect and remove, at any time and from time to time, roadway slopes and other surface or underground drainage structures and facilities, including without limitation channels, ditch sections, storm sewers, culverts, curb and gutter, inlets, cut and fill slopes, embankments, and road shoulder (the "Improvements"), and for access to the Improvements, on, over, under and across the Easement Area. 4. Additional Ri hts of Grantee. Grantor further grants to the Grantee: (a) the right from time to time to enlarge, improve, reconstruct, relocate and replace the Improvements constructed hereunder either in the original location or at any alternate location or locations within the Easement Area, generally consistent with the intended purposes of the Easement; (b) the right to use so much of the land adjoining the Easement Area as shall be reasonably necessary to enable workers and equipment to properly and conveniently construct, maintain, improve, repair, reconstruct, and replace. the Improvements upon, over, within, through and across the Easement Area. Grantee shall return any and all property used outside the Easement Area to the state it existed prior to the use; (c) the right to mark the location of the Easement Area by suitable markers set in the • ground. Easement —Town Grantee Pagel of 4 4594118 05/28/2020 01:57 PM Page 2 of 5 LJ • 5. Grantor's Rights in Easement Area. Grantee shall endeavor to design any Improvements in a manner that does not disrupt the historical run-off from Grantor's Property. If, for any reason, the Improvements conflict with, impede, restrict or limit in any manner whatsoever the historical run-off from Grantor's Property such that the Improvements must be relocated outside of the Easement Area, the Parties shall i) work together to execute any easements or amendments to this Agreement that are necessary for the relocated Improvements, and to release any portions of the Property from the Easement that are no longer needed; and ii) develop and implement a comprehensive relocation plan. The plans for any relocation will be subject to the Town's prior written approval, and the relocation will be subject to the Town's oversight. Grantor reserves the right to develop the Property, subject to the Easement. In furtherance of such future developments it may become necessary to relocate the Easement to an alternate location. To exercise the relocation rights, Grantor shall provide written notice to Grantee not less than one -hundred eighty (180) days prior to the proposed relocation date. The parties shall confer in good faith to determine a mutually -agreeable alternate easement location. Upon mutual approval of any proposed alternate easement location and the allocation of costs necessary to relocate the Easement, the parties shall modify the Easement grant accordingly in a written instrument signed by each parry's duly authorized official.. Grantee, at their sole cost, will accommodate the needs of the development of the property should any changes be required to the easement area because of said development. b. Maintenance of the Easement Area. (a) Upon completion of construction work in the Easement Area, Grantor will maintain the surface of the Easement Area in compliance with any applicable weed, nuisance or other legal requirements. (b) Grantor will not deposit, or permit or allow to be deposited, earth, rubbish, debris, or any other substance or material, whether combustible or noncombustible, on the Easement Area, other than vegetation not prohibited under paragraph 5, above. (c) Upon completing any work in the Easement Area Grantee will make such repairs or take such other action as may be necessary to restore the Easement Area to a condition comparable to its condition prior to Grantee's activities in the Easement Area, including but not limited to the reseeding and replanting of any disturbed areas in a manner reasonably satisfactory to Grantor, correction of any subsidence, and restoration of any other improvements or conditions impacted by Grantee's activities. 7. Representations and Warranties of Grantor. (a) Grantor hereby warrants and represents to the Town that they are seized with fee title to the underlying real property and there are no other parties with interest and that Owner has sole and exclusive authority to enter into this Easement. Grantor makes no other warranties, express or implied. Casement Town Grantee Page 2 of 4 4594118 05/28/2020 01:57 PM Page 3 of 5 • IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. GRANTOR: Mark W. Schell By: Deborah M. Schell By: STATE OF COLORADO '' J ) ss W COUNTY OF C Irk The foregoing instrument was acknowledged before me this today of 0, , 2020 by Mark W. Schell and Deborah M. Schell, owner(s) of the subject Property. Witness m hand and official seal. My � mmission HOUHARD MIBLIG STATE OFCOIARADO NOTARY ID 199740M12 I otary Public MY COMMISSION EXPIRES JUNE 21, 2021 ACCEPTED BY GRANTEE: THE TOWN OF FIRESTONE, COLORADO, a Municipal rpora r� Date: a� ta R�S . Bobbi Sindelar, Mayor ATTEST: p j o° 0 0•• ... J ss a Koenig, T n rk Easement —Town Grantee Page 4 of 4 • • • 4594118. 05/28/2020 01:57 PM Page 4 of 5 EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 26, WHENCE THE SOUTH LINE OF SAID SOUTHEAST QUARTER BEARS SOUTH 89016'34" WEST, A DISTANCE OF 2,655.85 FEET, ALL BEARINGS HEREON ARE REFERENCED TO THIS LINE; THENCE NORTH 88056-41" WEST, A DISTANCE OF 966.19 FEET TO THE NORTHERLY RIGHT-OF- WAY OF RONALD REAGAN BOULEVARD ALSO KNOWN AS WELD COUNTY ROAD 28 AND THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 89°16'34" WEST, A DISTANCE OF 361.50 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY, NORTH 0004326" WEST, A DISTANCE OF 12.68 FEET, THENCE NORTH 8803745" EAST, A DISTANCE OF 48.53 FEET; THENCE NORTH 73*07-36" EAST, A DISTANCE OF 107.70 FEET; THENCE NORTH 88043'33" EAST, A DISTANCE OF 47.75 FEET; THENCE SOUTH 75°37'35" EAST, A DISTANCE OF 167.55 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 0.210 ACRES, (9,149 SQUARE FEET), MORE OR LESS. EXHIBIT ATTACHED AND MADE A PART HEREOF. • row vi i 8/21/19 /sfoN� •� ANo`\SJ�`` 0 ANTHONY K. PEALL, PLS 38636 FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC. 300 EAST MINERAL AVE., SUITE 1, LITTLETON, CO 80122 303-713-1898 Q:\54818-46 - Barefoot lakes R Plat\Legals Page Iof2 u • 4594118 05/28/2020 01:57 PM Page 5of5 ILLUSTRATION TO EXHIBIT A SE 1/4, SEC. 26, PARCEL CONTAINS T.3N., R.68W., 9,149 (SQ.FT.) SIXTH P.M. UNPLATTLD 0.210 ACRES MORE OR LESS N73'07'38"E 107.70' N88'43'33"E N88'37'45"E 47.75' POINT OF 48.53' BEGINNING S7g :37 �.3$" NOO'43'26"W 167s66.1 N88'56'41 "W s' 12.68' (TIE) S89'16'34"W 361.50' RO_ N_ ALD R_EAGA_N_ _- -BLVD. (WELD COUNTY ROAD 28) (85' WIDE RIGHT—OF—WAY) - S 114 MNER SCO714'V 26 S8976'34 "W 2655. 85' S. LINE, SE 1/4, SEC. 26 POINT OF (BASIS of BEARINGS) COMMENCEMENT sE C00? M00V 26 TRACT A TRACT A BAREFOOT LAKES FILING NO, 4 BAREFOOT LAKES (PROPOSED) FILING NO. 2, 1ST REPLAT REC. NO. 4438JOI NE 1/4, SEC. 35, T.3N., R.68W., SIXTH P.M. N 0' 50, 100, 200' SCALE: 1' = 100' NOTE: THIS DRAWING DOES NOT REPRESENT A MONUMENTED LAND SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. PATH: 300EWN"°em'^'°• CULVERT EASEMENT nwc nnME:CULVERT EASEMEkT.DWG �J /'� sNu0, • OWc: YM CHK:, AKP Am � / T E { L1l,lv;t313)7MIReu12]SE 1/4 SEC. 26 T.3N. R.68W. 6TH P.N AL� `f pAanr.lJ0.1�71] 1698 1 , 1 DATE: 8,/21 /2019 CONSULTANTS, INC. wawam�,]ri�-tu.,ioom TOWN OF FIRESTONE, COUNTY OF WELL SCALE: _ �' 0:\54818-48 — Barefoot Laken F4 PIQt\0wg\E)HUI15 JOB NUMBER 5481E-46 2 OF 2 smm 0 0 0 Tp PWrs 14 Rm Fft $143 la CeM Xo .-a-m R—.,-W CCmn9, CO FINAL DEVELOPMENT PLAN CARBON VALLEY LUTHERAN CHURCH TDP NDSES PRa17xt MRCF7! 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Rox 44173D phone: 720-689-7324 RFVISICN BATE: MARCH 1B 2020 AURORA, CO.8DD44 web: PYIsmDCG.COM REVISION PATE; M YL- 2020 REVISION DATE: MAY 0 2020 REVISION DATE: REVISION DATE: SP1 20F 14 • AxD Drf11TY FAAE}lEhT'1f') 4 I I NIECBA p910AriPN ,P3d A,A Pape a of tt FIIFS V Im INC. -_------- FINAL DEVELOPMENT PLAN - = - �-- \\CARBON VALLEY LUTHERAN CHURCH fJ' _ 1 w, •- k SHEET TITLE County. Town of Firestone, Weld State of Colorado SHEET 3OF 14 7ArFUF a+uumm,.rAc�oru� .ar.uxaAua,p nA�cnrdd �� drA:xdx„� u dul--+anP.ltu'Velr .#,!b SANAapTR PdsrNA. r SAx�.rdnaa l°PMAYd g- .urge• AtV� 2uY AeM Arl °IrFn EIANRry✓ lJ'gd� 1 1•'� I 1 1 7]. I I %•L NAI1.89: R!M-tEsr-I! A-lS°Rp• \� \ � 1\ e-rA'se"IVEr-T pvINCTER I �,/ F 1NVPN-GWIJ-.ere 4p f, INN.ad' ` \n�\ \ \ ♦ \ �_\ wP7NCREI2']]rRVSTRLIXX — — ` — — ` — — ` — — I 1 `+•'III-VV' \ Gr fNt£f P'Ir•){'Jd' _ S r- I:I n �� Pd M•W ic•iep�/J `\\ i\\ � Vt/8 _—,J �_— WCWRP LLG 1 l fi-4AT£`� j ;i I I rhL1. 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BOX 441730 phone: 720-BB9-7324 AURORA, CO. 80044 web; PrIs.DCG.COM — — I '' r s 77 I f -• I ft -- _-} -I y ti 1 — NBp" 35'Ot' CARBON VALLEY LUTHERAN CHURCH GRADING & UTILITY PLAN NAME OF APPLICATION; Carbon Valle Lutheran Church TYPE OF SUBMITTAL: FINAL DEVELOPMENT PLAN FILING NUMBER: PREPA3iATlON DATE; JANUARY 15 2020 REVISION DATE: MARCH 18 2020 REVISIONDATE: APRIL27 2020 REti/ISION DATE: MAY d A — REVISION DATE; REVISION DATE: SIP-2— _ —__ T A —� i FINAL DEVELOPMENT PLAN -I _-,CAR,BONI VALLEY LUTHERAN CHURCH I I LANDSCAPE PLAN I I `--.A_ ToWn of F'restone, Weld County,State of Colorado I SHEET 4OF12 _;KGZ------------------------- ------�' 9E"— ♦'♦�♦ - _ L s 4�t� 1.�.i4 s7 l+j 'i �•Jinl o- :a-t a a o- - a' I�,iV,le_- . _ _ _ oRhn.9n�;��u`_ : • _ • II I.7.°=_� I t� I . _ T —I T 7 ^I mz ai I r T -- 3 I E I i,lo- - i I L mrmml a mm 4, �c an roc �r11 eeqq M'L.P� �mwxn� �«......��.•jl I L Y Iw�cwr �i I I� s ......:......... 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WIa9GfELaNIPICTGR Isla PR011[E IESFORARTYmeMIreIIGATnIlEA4iF.5F[b MS gBAllpl[F}ArpS[AI{LGxS[RW'ilaf11A9n&0.C111 Txb 1uJE9 RAGEMEMr Of nAT1lESANGDR EROSpN BIIAMEr NAB AYRN[KE EAGGFS WIb S[IRANI RIMOFF CAN Ra1QnNLLY SAYAGE NEIS#EIaRMS FnGPFniIER FINAL DEVELOPMENT PLAN CARBON VALLEY LUTHERAN CHURCH LANDSCAPE DETAILS & NOTES Town of Firestone, Weld County, State of Colorado SHEET 5 OF 12 EXISTING PLANT MATERIAL LEGEND Gi��.i!� oamnG eeFnGatEN Ta>Sro RFYAa PPOP05EU PLANT SCMMULE mmn�s moe. �, wYunl x.u.c � ' AGE sror . ,wars,.•. xd w5q.' 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WAc. £NCB OFSIE¢ ELQNG mdIFJCW rYIYWIYwIrN MO H9VFTBO Fob 6E0.1ONB orodAxnEB EMi IRRIGATION NOTE uTr-asnNcsrwmu+o-.,mtt sAlos�x�esAREmBEw tmm sr F,PRolbSmonvwoR,n,R,IsrniwntR SYs,a sEWAREAvroscwAlE�er ROTARYrEApB rurdwl�aTW NAIeeE RrA.asr>�rsrosE wATERm Br TEW>awwrsmwlul=as uwn F.nAe11yr1.a:NF CARBON VALLEY LUTHERAN CHURCH LANDSCAPE DETAILS & NOTES NAME OF APPUCATfON: Carbon Valley Lutheran Church TYPE OF SUBMITTAL: FINAL DEVELOPMENT PLAN FILING NUMBER: PREPARATION DATE: December 30 2019 REVISION DATE: March 13 2020 REVISION DATE: Mq 8 2020 REVISION DATE: REVISION DATE: REVISION DATE: LS3 snc17 k FINAL DEVELOPMENT PLAN CARBON VALLEY LUTHERAN CHURCH IRRIGATION PLAN ,, Town of Firestone, Weld County, State of Colorado -�N SHEET 7 OF 12 1z' rv,s Tow'moe�xm,m,rsrwav�nsssc„a, T&12-XCI-GViIcnT ersfeMFMAR AMI€smamu . . . . ....... 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BOX 441730 phone: 720-689-7324 AURORA, CO. 80044 web: PrlsmDCG.COM PAVaIf&NT (OR SLMILAA] L"AANECTIONS AYCONTRAC9tlR R3M plr RR 1RI[ rRTI rFIR li1l6 Pllh+a oenm Y tlp4NL EIWEIC "OPIALL "UP SRCL+ '£RTJGL M£MIIEA (fYF) vS OPEN GRID UGH BOnO.W SEL'r}ON GL M6MRAI (TrPJ VARVGATED Lf 1GUACa '"EL PAFM£D lV it,TCf! 'ROI'OS£D IIVILOLNG on P�INAf,I WOOD, STEEL OR -RPPfASI, EMREDDED rN ;.BOUND Wfiri CONCAFni ➢ASE 'O MAAIL I� I EK BUIfDING fRe nRCX FORMDruFNanDNs7 I Px lo•w+Ni PvcmoRAfN 'I xoDFDDrrxsnGrs I r jF INV.-51:5 I f z -t j a a � PA 13'�NJ P%C �AAfN 8 g ROOFDOWrcsPOVTS f � Q PR. F£NCPDW 4 - �GHAN L - ANfA`PFEVE / 4 d I - LOGnoxm IrsrrmR �1 t a a � a a 4 s ryI 4 d ----------------------------- i Q ]9.9P ➢➢'i d IILL . oelmme m mm RrRr r•n U)T—DU9/6 -1 DESIGN & CONSULTING GROUP P.D. BOX 441730 phone: 720-689-7324 AURORA, CO. 80044 web: PrlsmDCG.COM U)T—DU9/6 -1 DESIGN & CONSULTING GROUP P.D. BOX 441730 phone: 720-689-7324 AURORA, CO. 80044 web: PrlsmDCG.COM i : • bf50C8 OBIC11f20'[P 1033 AM Pqe 13 N 11 Ct MECHANICAL JOINT RCSTRAINT WEDGE DETAIL BOLT HOLE DETAIL DIMENSIONS _ BQ�0000 �II�QQ 000� P QaQQ �111'1� , mQo FINAL DEVELOPMENT PLAN CARBON VALLEY LUTHERAN CHURCH TOWN OF FIRESTONE STANDARD DETAILS Town of Firestone, Weld County, State of Colorado SHEET 13 OF 14 _ PAI ACEN lO fIIAB r.�n-x� I m wrtx. p �c mwrv[u c urn�v �Y Im..m mr m r��`Exo.r m �� at��. • � °ir xv'a ' wATLE caxsraurnox sTr.sLr mNsrnurnax - sroP>a sDvrn il¢ESTQIIE nawNcs W23 CIP-41 € ouxxc $TS fIAES)U[]E coNTAoc cxREAwnxcs STM3 .TkI R.II -iLF.. III__I,1113.11=.11. E �I�II�II>KI�I��31 `I III 1 I'ii=�111=5� hI. F-S� it ft ro 0 IA-SnIprnON WATFA CONSTRICTION WATEA[RNSEIIYCPNN NAnx� W2 f1fl�STQNE nPAwNcs W3 fIgfFjp f vxNvnxcs W32 U)ME�& DESIGN 6 CONSULTING GROuP ulr)p DMm: P166t4P3i1 AurtpnA, CO. 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